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HomeMy WebLinkAbout2010-06-14 10-221 ORDERCOUNCIL ACTION Item No. 1 a ` 2 Date: June 14, 2010 Item/Subject ORDER, Bangor Center Development District — Establishment of Implementation Assessments Responsible Department: Community & Economic Development Commentary: PUBLIC HEARING - Prior to voting on the attached Order, the City Council is required to hold a Public Hearing on the establishment of implementation assessments for the Bangor Center Development District. Prior to this hearing the City has fulfilled extensive statutory notice requirements, including publication of a description of the area affected and the maximum rate of assessment of $0.53 per thousand dollars of assessed value as of April 1, 2010. This was published in the Bangor Daily News on June 3, 2010 (attached). This assessment will be levied for a one-year program commencing on July 1, 2010 and ending on June 30, 2011. The proposed budget for the Bangor Center Management Corporation/Downtown Bangor Partnership for the 2010-2011 Program is $103,432 and the City has been requested to raise the amount of $52,432 from new implementation assessments on properties located in the Bangor Center Development District. The remainder is a projected carry-over from 2010 of $30,000 and anticipated sponsorships and event revenue of $21,000. Department Head Manager's CommenO City Manager �I Associated Information: Order, Public Hearing Notice Budget Approval: Director Legal Approval: Introduced for x Passage First Reading Referral A,/� D r %-W Finance r Page _of_ ' 21 Assigned to Councilor — Gratwick ,Tune 14, 2010 CITY OF BANGOR (TITLE.) ORDER, Bapgor Center Development District — Establishment of Irr 'plementation Assessments BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT the sum of $52,432 be assessed to fund the operation of the Bangor Center Development District for the period beginning July 1, 2010 and ending on June 30, 2011; and be it further ORDERED, THAT said sum be assessed against properties in the Bangor Center Development District; and be it further ORDERED, THAT said assessments shall be due and payable to the City of Bangor on or before September 15, 2010 with interest to accrue at an annual rate of 7% from September 16, 2010 on all of said assessments remaining unpaid after September 16, 2010; and be it further ORDERED, THAT assessments be hereby committed to the Tax Collector of the City of Bangor for collection in accordance with the authority established under 30-A M.R.S.A. § 5228; and be it further ORDERED, THAT said Tax Collector is hereby authorized and directed to take all necessary action for the collection of said assessments as may be provided by law. IN CITY COUNCIL June 14, 2010 Motion Made and Seconded to Open the Public Hearing Public Hearing Opened No one from the Public came forward Motion Made and Seconded to Close the Public Hearing Public Hearing closed Motion Made and Seconded for Passage Passed CITY CLERK ORDER (TITLE,)_ Bangor Center Development District - Establishment of Implementation Assessments Assigned to D4 Thursday, June 3, 2010, Bangor Daily News CITY OF BANGOR NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE THAT the Bangor City Council, Municipal Officers of the City of Bangor, will hold a public hearing, in accordance with 30•A M,R,S.A. Section 5224 and Section 5228, for purposes of receiving public comment on a proposed program, budget and implementation assessments to be assessed against properties for the Municipal Development District located in the downtown area, known as the Bangor Center Development District: Date of Hearing: June 14, 2010 Time of Hearing: 7:30 PM Place of Hearing: City Council Chambers, Bangor City Hall Bangor, Maine 04401 8. Lagat l7ascrlption of Bangor Canter 0svetopment Distr ct: Beginning at a paint on the northerly bank of the Penobscot River at the southwesterly corner of land nqw or formerly owned by Ccaal Energy of Maine, Inc. as dascribad in a Dead recorded in Penobscot Registry al Du=. -tele in Votuma 3058, Page 249, said property being located souiftwastarly from the fntarsention of Railroad utreet and front Street; thence N 54°09'59" w, by and alorig the southwesterly lino of said Caai Energy property, ninety- one {g1j feat, more or leas, to a point on the high water mark of the Penobscot River; thenr:e 5 47 50' 54" W a d;stance of 116.44' along said high water mark to a point thence N 45 23' DO" W a distance of 25.58' stili along same to a point, thanca 5 4523'05" W a distance of 126.35' still along lama to a point, thanca S 3920'40" W a distance of 92.55' still No same to a point, Thence S 4816'47" W a distance of 96.12' still along same to a point, thence S 4256'45" W a distance of ?08.57' still along same to a point, thence S 3642'31" W a distance of 93.65' still along same to a point, thence S 2241'31" W a distance of 90.71" stili along same to a point, thence S 2117'03" W a distance of 103.76' stili along same to 3t, thence S 1528'44" W a distance of 98.25' still along some to a point, thence S 0616'26 W a distance of 99.42' still along same to a point, thence S 1958'37' W a distance of 11D.80' still along same to a point, thence S 2915'42" W a distance of 100.04' still along same to a point, thence S 2427'47" W a distance of 105.08' still along same to a point, thence S 1526'33"W a distance of 94.60' still along same to a point, thence S 1247'12" W a distance of 91.13' still along same to a point, thence S 1015'34" W a distance of 196.56' stili along sante to a point, thence S 0924'26" W a distance of 298.19' still along same to a paint, thence S 0333'16" W a distance of 113.49' still along same to a paint, thence S 2140'54" E a distance of 733.73' still along same to an Iran pin on the northerly sideline of Barrett Paving Materials, inc., thence N 8400'25" W a distance of 99.00' along said lands of Barrett Paving Materials, Inc. to a point, thence N 4354'25" W a distance of 28.58' stili along some to a paint, thence S 03134'35" W a distance of 612.67' still along same to a point, thence S 7350'25" E a distance of 62.64' stili along same to an iron pin on the high water mark of said Penobscot River; thence S 2219'46' w a distance of 357.79' along said high water mark to a point, thence S 1740'56" W a distance of 382.50' still along same to a point on curve on the northerly sideline of Interstate Route 395, thence by and along the right of way of Interstate Route 395 along a curve to the right having a radius of 2764.79' a distance of 135.10' , the some having a chord bearing and distance of N 68 45'59' W and 135.09', along said easterly sideline to a point an curve on the southerly sideline of lands remaining to the Maine Central Railroad Company, its successors, heirs and assigns, thence by and along the same curve to the right 50.01' to the north side of Maine Central Railroad Company; thence along a curve to the right havingg a radius of 2764,79' a dista rice of 87.99, the same hav!ng a chord bearing and distance of N 66 25' 06` W and 87.98', along said northerly, sideline to a point on tangent on the northeasterly sideline of the Main Street exit ramp From said Interstate Rte. 395 northbound. thence N 3253'27" W a distance of 66.00' along said exit ramp to a point, thence N 57°22'14' W a distance of 144.00' still along some to and along the face of a concrete wall to a point, thence N 1909'20" W a distance of 111.89' stili along said exit ramp to a point, thence N 0050'40" E a distance of 76.65' still along same to a point, thence N 2050'40" E a distance of 105.29' stili along some to a point, thence N 4060'40" E a distance of 78.88' still along same to a point on curve, thence along a curve to the left having a radius of 300.00' a distance of 28.00', the same having a chord bearing and distance of N 0612'17" E and 27,99', still along same to an iron pin and point on tangent on the southerly sideline of lands now or formerly of Lafayette Bangor, Inc. as conveyed to it by deed of Conjon, Inc. dated December 1, 1995 and recorded at the Penobscot County Registry of Deeds, Book 6003, Pais 001, thence N 6510'11" E a distance of 280.40' along said southerly sideline to an frau pin, thence N 3323'11" E a distance of 319.58' s t along said southerly sideline and continuing along the easterly terminus of Dutton 5treat and continuing still along the easterly sideline of lands now or formerly of Erin, Inc. as conveyed to it by deed of Stanley E. Macmillan dated March 2, 1989 and recorded at the Penobscot County Registry of Deeds, Book 4402, Page 079 to a fgoint, thence N 0745'40" E a distance of 294.10' stili along said southerly sideline of Erin, Inc, and continuing along the easterly terminus of Emerson Street and continuing still aloncy the easterly sideline of lands now or formerly of Bangor Metals, inc. as conveyed to it by deed of Isadore E. Drasnar dated March 30, 1975 and recorded at the Penobscot County Registry of Deeds, Book 2963, Page 127, to a point, thence N 3302'40" E a distance of 39.32' still along said easterly sideline of Bangor Metals, in(;, to a point, thence N 0703'38" E a distance of 30.20' still along some to a point on the southerly sideline of Buck Street, if extended, thence N 56°67.20" W a distance of 23.06'along said southerly sideline, if extended, to a point on the easterly terminus of Buck Street, thence N 0140'49" E a distance of 70.10' along said easterly terminus to a point an the northerly sideline of Buck Street, thence N 5657'20" W a distance of 14.90' along said northerly sideline to a point on the easterly sideline of lands now or formerly of Erin, Inc. as conveyed to it by deed of Dorothy H. Titus dated March 7, 1990 and recorded at the Penobscot County Registry of Deeds. Batik 4621, Page 032, thence N 3302'40" E a distance of 24.44' along said easterly sideline to a point, thenru N 0140'49" E a distance of 368.71' still along same and continuing along tho easterly sideline of lands now or formerly of L 8t C Corporation as conveyed to it by deed of the Newport Company dated November 8, 1985 and recorded at the Penobscot County Registry of Deeds, book 3746, Pa 129 and continuing still along the easterly terminus of Lincoln Street and continuing stili atopy the easterly sideline of lands now or formerly of Neat N. Carter as conveyed to him by load of Leanne Davis Mohammad dated January 15, 1987 and recorded at the Penobscot County Registry of Deeds, Book 3963, Page 66, to a point, thence N')646'29" W a distance of 156.94' along the rear lot line of said Leanne Davis Mohammed and continuing along the rear lot line of lands now or formerly of Bangor Twenry�Four Club as conveyed to it by deed of United Pentecostal Church dated January 13, 1978 and recorded at the Penobscot County Registry of Deeds, Book 2828, Page 117 to a point on the rear lot line of lands now or formerly of Texaco, inc. as conveyed to it by deed of Statewide Stations, Inc. dated November 20, 1981 and recorded at the Penobscot County Registry of Deeds, Book 3283. Page 63, thence N 2034'00" E a distance of 221.04' along said rear lot fine of Texaco, Inc. and continuing along lands now or formerly of Eugene L. Richardson as conveyed to him by dead of New England Equipment Rental, inc. dated December 24, 1987 and recorded at the Penobscot County Re laity of Deeds, Book 4161, Page 030 to a point, thence N 5758'00" W a distance of 45.50' still along finds of said Eugene L. Richardson to a point on the rear lot line of lands now or formerly of Dewey B. Gosselin and Lorraine M. Gosselin as conveyed to them by deed of Robert E. Cort dated April 24, 1987 and recorded it the Penobscot County Regiistry of DeedsBook 4007, Page 114, thence N ?.034'00" E a distance of 123.00' along said rear lot lne of Dewey B. Gosselin and Lorraine M. Gosselin and continuing along the rear lot line of lands now or formerly of Dewey B. Gosselin it and Lorraine M. Gussaiin as conveyed to them by deec of James W. Vardamis and Judith L. Vardamis dated 1988 and recorded at the Penobscot County Registry of Deeds, Bggk 4260, Page 166 to a point, thence N 6758'00" W f distance of 44.38' still along lands of said Dewey B. Gosselin it and Lorraine M. Gosselir to a point, thence N 2034'01" E a distance of 101.16' still along same to a point, thence N 6926'00" W a distance of 55,00' still along same to a point on the aforesaid easterly sideline of Main Street, thence N 2034'00 E a distance of 1482.06' along said easterly sideline of Main Street to the southerly line of Railroad Street,, thence N 20°34'00" E, by and along said Main Street to the center fine of Cedar Street; thence in a northwesterly direction along the centerline of Cedar Street to the centerline of First Street; thence in a northeasterly direction along the centerline of First Street to the northwesterly prolongation of the northeasterly lira of Davenport Park; thence southeast along said northeestsrly line of Davenport Park to the westerly corner ofi land ntaw or formerly owned by the Melina Savings Bank as described in Diads recorded in Penobscot Registry pf Deeds in Volume 1722, Page 54 and in Volume 2839, Page 93; thence in a »ortneasterly direction along the northwesterly line of said Maine Savings Bank property to t southwesterly line of land now at, formerly owned by the Unitarian Church of Bangor as described in a peed recorded in Penobscot Registry of Deeds in Volume 223, Paga 121; thence in a nnrthwestariy direction along the southwesterly Line of said Unitarian Church property extended to the centerline of First Street; thertca in a northeasterly direction along the centerline of First Street to the centerline, of Union Street; thence in a northwesterly direction along the centerline of Union Street to the eonterline of Columbia Street thence in a northeasterly direction along the centerline of Columbia Street to the centerline of Middle Street; thence in a northwesterly direction along the centerline of Middle Street to the centerline of High Street; thence in a northeasterly direction along the canterline of High Street to the intersection with'the centerline of North High Street; thence In a northeasterly direction along the centerline of North High Street to the centerline of Hammond Street; thence in a westerly direction along the centerline of Hammond Street to the southerly prolongation of. -the westerly line of the YMCA property; thence in a northeasterly direction along the westerly and northerly lines of said YMCA property extended to the ,centerline of Court Street; thence crossing Court Street to the northwesterly line of land now or formsfly owned by the City of Bangor, being the parcel occupied by the 'Bangor Police Department building; thence in a northerly direction along the northWesteriy and southwesterly lines of said City of Bangor land to the Kenduskeag Stream; therue continuing along the some course to the easterly shore of Kenduskeag Stream; thence in a northwesterly direction along the easterly shore of Kenduskeag Stream to the centerline of Harlow Court extended; thanca in a northeasterly direction along the centerline of Harlow Court to the centarline of Harlow Street;, thence to the northeasterly right-of-way line of said Harlow Street at the intersection with the centerline of Cumberland Street; thence in a northeasterly dirsctilln along the centerline of Cumberland Street to the intersection with the northwesterly prolongation of the northeasterly line of property now or formerly owned by Danny L. Rauch as described in Deeds recorded in Penobscot Registry of Deeds in Volume 3604, Page 162 and in Volume 3636, Page 143; thence southeast along the northeasterly line and southwest along the southeasterly litre of said Rauch property to the southerly corner, being on the northeasterly line of land now or formerly owned by the City of Bangor as dascribed in Deeds recorded in Penobscot Registry of Deeds in Volume 1410, Pages 24 and 256, and in Volume 3206, Page 28, said land occupied by the Atler Parking Lot, so-called; thence southeast along the northeasterly line of said After Lot extended to the centerline of Spring Street; thence east to the southeasterly line of Spring Street at the point of intersection with the northeasterly line of land now or formerly owned by Bangor Development Associates as described in a Deed recorded in Penobscot Registry of Deeds in Volume 3530, Page 239; thence southeast along the northeasterly line and southwest along the southeasterly line of said Bangor Development Associates property to the northerly corner of land now or formerly owned by the City of Bangor occupied by the Bangor Public Library as described in Deeds recorded in Penobscot Registry of Deeds in Volume 957, Page 218 and in Volume 1920, Pa?a 262; thence southeast along the northeasterly line of said Library lot to the easterly corner of said lot, being an the northerly line of City of Bangor land described in a Dead recorded in Penobscot Registry of Deed in Volume 839, Page 136 which is occupied by the Peirce Memorial Park; thence in an easteriy direction slang the northerly line of said Peirce Memorial Park land to the westerly right-of-way line of Center 5treat; thanca lit a southeasterly direction across Can Street to het of the eastedy right of-we,y line of Cama, Street with the northerly Iina of land now or formerly owned by the First Universalist Society of Bangrr as describ�l in a Dead recorded in Penobscot Ra�istry of beds in Valuma 903, Paga 295; thanca east along the northerly line of said Universalist lot extended to the certtertine of Park Street thanca southeast to the easterly right -of way line of Park Street at the point of intersection with the centerline of Penobscot Street; thence in an easterly direction along the centerline of Penobscot Street to a northerly proIonpatiori of the easterly fine of land now or formerly owned by Tarratina Club, Inc. as dascribad in Deeds recorded in the Penobscot Regis"ry of Deeds In Volume 747, Page 63 and in Volume 941, Page 369; thence in a southerly direction along the easterly line of the Tarratina Club pproperty to the northerly line of land now or formerly owned by the New England Telephone Company as described in Deeds recorded in Penobscot Registry of Deeds in Volume 919, Page 471, Volume 1033, Page 36 and Volume 1084, Pa?e 378; thence in an easterly direction along the northerly line of said Now England Telephone Company property extended to the centerline of French Street; thence in a southerly direction along the centerline of French Street to the intersection with a westerly extension of the northerly line of land now or formerly owned by Shaun and Janet P. Dowd as described in a Dead recorded to Penobscot Registry of Deeds in Volume 2480, Page 86; thence in an eastoriy direction along the northerly line of said Dowd property to the westerlyY right-of- way line of Broadway; thence in a southerly direction along the westerly right-of-way line of Broadway, and continuing along the westerly line of Stetson Square and the westerly line of Oak Street to the centerline of Hancock Street; thence in an easterly direction along the centariine of Hancock Street to the northerly prolongation of the westerly line of land now or formerly owned by Brake Service & Parts, Inc. as described in Deeds recorded in Penobscot Registry of Deeds in Volume 2153, Page 345 and in Volume 3558, Page 14; thence in a southerly direction along the westarly line of said Brake Service property to the northerly right-of-way line of Washington Street; thence in an easterly direction along,the northerly line of Washington Street to a point opposite the easterly line of a parcel of land now or formerly owned by the City of Bangor which is located south of the southerly right-of-way line of Washington Street, said land described in Deeds recorded in Penobscot Registry of Deeds in Volume 2077, Page 157 and in Volume 2135, Page 448; thence in a southerly direction along the easterly line of said City land and extending along a southerly prolongation of said line to the bank of the Penobscot River; thence in a generally southwesterly direction along the northerly shoreline of the Penobscot River to the southwesterly corner of the property formerly owned by Coal Energy of Malnei, Inc. and the point of beginning. C. ALL INTERESTED PERSONS OWNING REAL ESTATE OR TAXABLE PROPERTY LOCATED WITHIN THE DISTRICT WILL BE GIVEN AN OPPORTUNITY TO BE HEARD AT THE HEARING AND AN OPPORTUNITY TO FILE OBJECTIONS TO THE AMOUNT OF ASSESSMENT, D. Maximum Rata of Assessments to be Extended in Any One Year: $0.53 per thousand dollars of assessed value as of April 1, 2010. This assessment will be levied for a one-year program commencing an July 1, 2010 and ending on June 30, 2011. I: Proposed List of Properties to be Assessed and the Estimated Assessments Against Those Properties is available for review at the City Assessor's Office, City Hall, 73 Harlow Street, Bangor, Maine. Patti Dubois June 3, 2010 City Clark