HomeMy WebLinkAbout2009-05-11 09-150 ORDERCOUNCIL ACTION
Item No. 09 150
Date: May 11, 2009
Item/Subject: Order, Authorizing Request to Amend Deed Restrictions Contained in
Deed from United States to City of Bangor — Hayford Park
Responsible Department: Legal
Commentary:
In 1969, the United States conveyed property now known as Hayford Park to the City of Bangor.
The deed to the City included a condition that the property be continuously used and maintained
"as and for public park and recreational purposes" and another condition that the City could not
"sell, lease, assign, or otherwise dispose of any of the property except to another local
governmental agency that the Secretary of Interior, or his successor in function, is satisfied can
assure the continued use and maintenance of the property for public park and for a public
recreational area." The deed restrictions were amended in 1990 to permit the City to lease, sell
or assign to a "nonprofit corporation organized and incorporated under the laws of the State of
Maine" in addition to another local government agency.
This order will authorize the City Manager or his designees to negotiate with the appropriate
Federal agencies to amend the deed restrictions contained in the deed from the Untied States to
the City of Bangor for the Hayford Park property to allow the City to lease to a for-profit
company provided that the use does not negatively impact the use of the property as a public
park or its recreational uses and provided that the revenue generated by the lease is dedicated
for the benefit of Hayford Park. This is in response to a request to install equipment in the park
from a cellular provider.
This was reviewed by the Government Operations Committee which recommended approval.
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
X Passage
First Reading
Referral
Department Head
City Manager
Finance Director
ZZ4
City Solicitor
Assigned to Councilor BLANCHETTEJ
B4,y.f+.
MAY 11 2009
CITY OF BANGOR
9qy �~2
�R4iEDFE �.'
(TITLE.) ORDER, Authorizing Request to Amend Deed Restrictions Contained in Deed from
United States to City of Bangor -- Hayford Paris
WHEREAS, in 1969, the United States conveyed property now known as Hayford Park to the
City of Bangor; and
WHEREAS, the deed to the City included a condition that the property be continuously used and
maintained "as and for public park and recreational purposes" and another
condition that the City could not "sell, lease, assign, or otherwise dispose of any of
the property except to another local governmental agency that the Secretary of
Interior, or his successor in function, is satisfied can assure the continued use and
maintenance of the property for public park and for a public recreational area;" and
WHEREAS, the deed restrictions were amended in 1990 to permit the City to lease, sell or
assign to a "nonprofit corporation organized and incorporated under the laws of the
State of Maine" in addition to another local government agency; and
WHEREAS, it is in the best interest of the City to amend the deed to permit for-profit entities to
lease a portion of the property with certain conditions.
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR
That the City Manager or his designees is authorized on behalf of the City of Bangor to
negotiate with the appropriate Federal agencies to amend the deed restrictions contained in the
deed from the United States to the City of Bangor for the Hayford Park property to allow the
City to lease to a for-profit company provided that the use does not negatively impact the use
of the property as a public park or its recreational uses and provided that the revenue
generated by the lease is dedicated for the benefit of Hayford Park.
IN CITY COUNCIL
May 11, 2009
Pas
'fit 09-150
ITY CLERK __ ORDER
(TrrLE,) AUTHORIZING REQUEST TO AMEND
DEED RESTRICTIONS CONTAINED IN DEED
FROM UNITED STATES TO CITY OF BANGOR —
HAYFORD PARK
Assigned to Councilor I