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Home My WebLink About1975-10-06 371 AC ORDER371 X Introduced by Councilor Brains, October 6, 1975 CITY OF BANGOR (Tm.E) (0rbtr Action Bankruptcy Court Opinion and Order of Court, y_. _..... ...... Dated October a dings Entered in Trans East Air, Inc. Bankruptcy Proceedings By the city CouaM Of Ofty ojBanyor, - ORDERED, TEAT WHEREAS, by application dated July 16, 1975, as amended August 19, 1975, and filed in the. United States District Court for the District of Maine in proceeding for Reorganization of Trans East Air, Inc. under Chapter X, BE 72-251ND, the City Council of the City of Bangor, by and through its attorneys, informed the Bankruptcy Court that the City is unwilling to continue to operate the fixed base operation at Bangor - International Airport under the circumstances set forth in Its application, as amended; and - WHEREAS, in said application, as amended, the City requested that the Court enter an order modifying provisions of any and all orders of the Court which otherwise directed and compelled the City of Bangor to continue to operate said fixed base operation; and WHEREAS, certain provisions of said court orders (specifically court order dated July 1; 1975) are the subject on appeal to the United States First Circuit Court of Appeals, presently scheduled to be reviewed on said appeal during the month of December, 1975; and WHEREAS by opinion and order dated October 1, 1975, the Bankruptcy Court has entered the following Order upon said application of .the City as amended: IN CITY COUNCIL 371 AC Octokev 6, 1975 Amended by substitution. AS vaned, passed by the following 0 R 0 E R 69 yes and no vote: Councilors voting yes-. Baldacci, eallou, Bigney, Brountas, Cass" Henderson, money, Souoy and Title., Speirs. ^v Action on .. I....... .....Cour ...... F/on ... Cour. cxTx CLE and Mae[ of court, Bated October 1, -............................ ......... 1975, entered in Trans east Air, Inc. Bankruptcy Proceedings. Introduced and filed by .. ...G ......... .... �cowcilmaa "RECEIVEO . . CITY OF BAR6CR CITY CLERK'S OFFICE '75 OU 3 Ph 3 00 "ORDER "Accordingly, it is ORDERED that, upon receipt by the court of a lawful original order of the Bangor City Council evidencing its election to terminate the fixed base operation at BIA pursuant hereto, made and communicated within ten days hereof, the City shall be excused, stayed and enjoined, from December 1, 1975 until further order of court, from exercising and performing any and all rights, obligations and duties heretofore possessed or performed by or imposed upon Trans -East under the. June 20, 1968 FBO agreement, respecting the conduct of fixed base operations at BIT, and it is further "PROVIDED THAT, in the event the City shall fail to take the action hereinbefore described within the time prescribed, the City shall be and hereby is ordered to continue to conduct the fixed base operation at BN in accordance with this and related court orders entered October 13, 1972, July 1, 1975 and September 24, 1975, add Itis further "ORDERED that, except to the extent herein otherwise specifically provided, the orders entered October 12, 1972, July 1, 1975 and September 24, 1975 shall be and remain in full force and. effect. "Dated at Bangor, in said District, this 1stday of October, 1975." - /s/ Conrad K. Cyr U. S. Bankruptcy Judge ecPY ORDER: ACTION ON BANKRUPTCY COURT OPINION AND ORDER OF COURT, DATED OCTOBER 1, 1975, ENTERED IN TRANS MST AIR, INC. BANKRUPTCY PROCEEDINGS - - WHEREAS, by application dated July 16, 1975t as amended August 19, 1975, and filed in the United States District Court for the District of Maine in proceeding for Reorganisation of Trans East Air, Inc. under Chapter K, BK 72-251ND, the City Council of the City of Bangor, by and through its attorneys, informed the BaWcruptcy Court that the city is unwilling to continue to operate : the fixed base operation atthe International Airport under the circumstances set forth in its application, as amended; and WHEREAS, in said application, as amended, the City requested that the Court enter an order modifying provisions of any and all orders of the Court which otherwise directed and compelled the City Of Bangor to continue to operate said fixed base operation; and WHEREAS, by opinion and order dated October 1, 1975, the Bankruptcy Court has entered the following Order upon said application of the City, as amended: . � ORDGR N Areerdingly. it is ORDERDD thae. upon receipt by Ne court of a lawful original order o£ the`HaaEor City Camacil evidencing Ito election to terminate fie fixed�bace operation at DIA pursuant hereto, made and commanicated within tee days hereof, the City shall be r emeused, stayed and enjoined, from December 1. 1975 until further order of courto from exercising aM performing any and all rights, obligations end duties heretofore possessed or performed by or imposed upon Trans -East under the June 20, 1968 M agreement, respecting the conduct of fixed base operations at DIAt and it is further NykovIDDD MT, is the event the City shall fail to take the action hereinbefore described within the tine prescribed, the City shall be and hereby is ordered to continue to conduct the fixed been operation at DIA in accordance with this and related court orders entered October 13, 1972, July 1.-1975 and Septeaher 24, 1975, and It Is further - - \\ORDERED that, accept to the extent barrio otherwise specifically provided, the orders entered October 12, 1911, July 1, 1975 end September 24, 1975 shall be and remain in full force and effect. P Dated at Danger. in said District, Mie lot day of October. 1975; 9 F. Conrad K. Cyr U. 6. Usnkvuptcy Judge NOW THEREFORE, it.is ORDERED THAT, in accordance with the terms of the above quoted Order of the Bankruptcy Court dated - October 1, 1975, the City Council Of the City of Bangor hereby elects to terminate the fixed base operation at Bangor International Airport at December 1, 1975; and -Be it further ORDERED THAT the City Clerk shall, not later then October 9, 1975, cause to be filed with the Bankruptcy Court the original of this City Council Order duly attested by her in her capacity as Clerk of the City of Bangor; and Be it further understood that the City of Bangor reserves any and all rights of appeal or review of .the Court Order of October 1, 1975. Notwithstanding this reservation of rights of appeal, it is the intention of the Bangor City Council to comply with said Court Order fully until such time as said Court Order may be reversed or otherwise modified. 0 z (�j 9/,Lel Y / C' uWa 76 \.: p UNITED STATES DISTRICT COURT DISTRICT OP MAINE NORTHERN DIVISION In the Matter of In Proceedings for the TRANS -EAST AIR, INC., Reorganization of a Corporation under Chapter X Debtor No. BE 72-251ND DEPOSITORS TRUST COMPANY (a Maine banking corporation), Plaintiff VS. EDWARD H. KEITH, as Trustee of Trans -East Air, Inc., Debtor, TRANS -EAST AIR, INC., Debtor, THE CITY OF BANGOR, MAINE m (a Mine mY cGLI Corporation), and EXXON CORPORATION, - Defendants AFFIDAVIT I, Alvera 'Byard, being duly sworn, depose and say: 1• E am Alvera Byard and a resident of the City of Bangor, a municipal corporation located in the County of Penobscot, State of Maine, and am the duly appointed City Clerk of said City of Bangor. I have personal knowledge of .the matters as to which I depose herein. 2. I do hereby attest and certify that the document annexed hereto as "Exhibit A" , designated as Council Order 371AC, was passed_ o by the Bangor City Council, municipal officers of the City 04 Bangor, on October 6,1975 and is a lawful original order. 3. I do hereby further attest and Certify that the duplicate original of said document is on file in my office in my legal custody at City Hall, Bangor, Maine. /• Date: ('�- `A Alvera Byard Caty Clerk City of Bangor STATE OF :MINE October 1975 PENOBSCOT, 6a-. .Personally appeared the abovenamed Alvera Byard and acknowledged the foregoing to be true to the best of herknowledge and belief. Before me, / ✓� , '% ;y •. Notary 3nst-the-@e3ce - Notary Public