HomeMy WebLinkAbout1975-12-22 76 AD ORDERps AD
,j - pr Introduced by Councilor Soucy, Carrolton 22, 1975
CITY OF BANGOR
(TITLEJ (DrbfTs Authorizing. ComPletion.of Eminent. Dmat p edi 8 Real
Estate Located at 187-191 York Street, gauger, Maine -- Zitamr Realty, Inc.
.. .. __.._..... ..___.___ _.._ ... .............
s9Y
BERET
WIBREAS, pursuant to 30 MRSA 14854 (1) the Bangor City Council by Resolution
has authorized and approved the condemnation of the real estate designated as
Parcel 11-10, located at '187-191 York Street, gouger, Maine, and owned by
Zitaner Realty, Inc.; and
WMEREAS, by virtue of 30 MESA'®4854 (2) certain actions must be taken by
the municipal officers or the duly authorized representative for purposes of
completing said copdemui[fon,
NOW, THERERORE, By the City Council of the C1ry of Bangor
ORDERED, THAT the City Solicitor Is hereby authorized and directed to take
all -n ary action pursuant to 30 MISS'%4854 (2), and all acts related
thereto, on behalf of the City of Banger and its municipal officers, for
purposes of completing the condemnation and acquisition of said Parcel 11-10
by said City of Bangor, including, but not limited to, the following:
(1) to file copies of approved Resolution of Condemnation in
the Penobscot County Registry of Deeds;
(2) to file copies of such approved Resolutions and Statements
of the am of money approved by the municipality as just
compensation for such property, in the Penobscot County
Superior Court;
(3) to deposit in the Penobscot County Superior Court bonds
with surety sat fafactory to the Clerk of said Court, In anth
amounts as the Court ahall determine to be ample and sufficient
Cc satisfy the claims of all persons interested in such
property;
(4) t06arVe Upon the owners of and persons having an estate o
Interest to such property a true and arrested copy of such
approved Resolution and Statement of Estimated lust
.Compensation;
(s) to publish such Resolution together with the m of
persona having a estate or interest i such property
and the amount to be awarded to each of them in a
newspaper of general circulation in Penobscot County
at Least once a week for three consecutive weeks, and
(6) to take title and possession of such property in the
name of the City of Bangor.
IN CITY COUNCIL
-Cecem3ec 33, 1975
LPaesed:
CITY C � '
op
MR DER
Title,
..8g[b4[SZSRg.g4a@lg;i 4g.;m.gggt ... - RECEIVED
CITY OF BANGOR
,ggqp;2,g;ogees ge sea; ennatg,,,, CITY ClER$'S OFFICE
aooetea at 187-191 Yo[k street, -°75 DECI6 PH 3 16
xanjoi. Mein -- 2itaner Realty, Inc.,
Intzoduc8d and filed by
C
UgWORANDUN
December
2,
1415
M: City Council of the City of Bangor
FRCN: Nomas C. Johnston, Asst. City Solicitor
NE: Iminent lomain Proceedings under the
Community Development Program
To date, the. City has acquired 18 parcels in the Heneock-York Neighborhood
Development Project "ea. Offers based upon the fair market value determined
by the Finance Committee have been made on 45 Parcels. We have received three
definite refu ls.W our offers. opportunities have been given to the property
owners to present further evidence with regard me just compensation, and to
negotiate. The Real Property Acquisition am passed by the City Council requires
the Community Development Department to make a final offering t0 the owner prior
to recommendation for institution of eminent domain proceedings. 'Final offers
have been made on the following parcels:
11-10 Zitmer Realty, Inc. $6,500.00
11-15 Zitener Realty, Inc. 2,500.00
11-7 Violet Stem 11500.00
In order to Institute eminent domain Proceedings the municipal officers
(City Connell) must adopt a Resolution of Condemnation which is then served upon
the property owners and submitted to the legislative body of the municipality (the
City Cowcil) for approval or disapproval. In the case of the City of Bangor this
two step process is meaningless. Pressure from statelegislators representing
municipalities having the selectmen -town meeting form of government, 'led to the
inclusion of this two-step process in order W check the powers of the selectmen.
Thus, in towns, the been meeting must give its assent to Eminent Domin proceedings.
I recomiend that the procedure set forth in the statute be Precisely followed
because of the possibility of litigation.
If the City Council should approve the Resolution after its service upon
the property owner, a copy of the Resolution would be filed in the Registry of
Deeds. A- of the Resolution, together with a Statement of Just Compensation
would be filed in Superior Court. The Court would then determine the amount W
be deposited with the Court pending the outcome of any litigation. A Notice of
Taking is then served upon the property owners and the Resolution is published
in a newspaper of general circulation once a week for three consecutive weeks.
Upon the deposit be the Court and the giving of Notice of Taking, the title to
the property vests in the City.
It is anticipated that Lids process will take two items at two separate
meetings of the City Council. At the first meeting a Resolution of Condemnation
will be placed on the Agenda. If it is adopted, the same Resolution will be
submitted to the City Council at its next meeting for its approval or disapproval.
Included in the resubmitted Resolution will be provisions directing the
administration to file tow necessary documents in the Registry of Reeds and
Superior Court, to deposit mmey with the Clerk of the Superior Court, to
serve Notice of Taking upon the property owner(a), end to publish the Reeclution
offordemeation once a week for throe consecutive weeks.
T.C.J.
i
R4
C3
aTRICKL
60'
T
Q
C I o
Y „a R4
m 0
a
C
m
so R1
A..' AGRIC.
Rl .RESIDENTIAL 1
R4.'. RESIDENTIAL 4-
Cd
Cd CIVIC e INSTIL -
C9'.COMMERCIAL 3
�.. AREA TO BE CHANGED
FROM C&I To C2