HomeMy WebLinkAbout1999-12-13 00-55 ORDERCOUNCIL ACTION
Item NO. 00-55
Date December 13 1999
Item/Subject: Authorizing the City Manager to Execute Agreement
-- Diva's, Inc.
Responsible Department: Legal
This Council Order authorizes the City Manager to sign an agreement
with Diane Cormier, Diva's, Inc. and DMC Lounge, Inc. The
agreement calls for the dismissal of the pending litigation in the
matter of D' 1 v. City of Eangor and also provides
_. that Diane Cormier, Diva'e, Inc. and DMC Lounge, Inc. will not
challenge the City's commercial nudity ordinance as it will be
amended by Council Order No. 00-28.
Z�Departmen
Manager's Comments:
citycity Manag
Associated Information:
Finance Director
hty Solici or
For
Passage
First Reading
Referral Page 1 of 2
AedE ed to Coune9u. December 13. 1999
��pp CITY OF BANGOR
(TITLE.) WTIiM� Authorizing City Manager. to Execute agreement
-- Diva's, Inc.
By W C9VC xtt eft6IXq ofBmzP .-
0RDV=* -
_. - 4EAT
the city Manager is hereby authorized, on behalf of
the City of Bangor, to execute ant agreement between the City of
Bangor and Diane Cormier, Diva's, Inc, and DMC Lounge, Inc., a copy
of which is attached hereto.
IS CITY COUNCIL
December 13. 1999
Motion to Suspend the Rules
for Consideration of Council _
Order 00-55. Motion Seconded
Motion passed
Motion for passage Made and
Seconded
Passed
00-55
ORDER
Title, gutLoririog city Manager to
EXeCnte Agreemeut - Diva s. Inc.
........... I ..........................
Aeeidnedb
..................................
Councilman
AGREEMENT
Agreement made this 13eh day of December 1999 by and between, the City of
Bangor (hereinafter She City") and Diva's, Inc., DMC I,ounge, Inc. and Diene Cormier
(hereinafter "Cromer). -
Whereas, the City currently has an ordinance to regulate public morals and the
commercial display of nudity, Code of the City of Bangor, Chapter 228 (hereinafter `the
Ordinmfce"); and
Whereas, there is currently pending in the Penobscot Superior Com m appeal in the
mount of Diva's, Inc. et 0 Y. City of Bangor, Docker Number CV -99-87; and
Whereas, there is the likelihood that Comfier will file suit to challenge the validity of the
Ordinance; and
Whereas, the parties are desirous of settling the pending litigation, avoiding future
lifigation and protecting the integrity and validity of the Ordinance.
1:YFINa69d11:
The parties agree as follows:
1. The City shall amend the Ordinance in substantially the same form as attached.
2. Cormier shall dismiss with prejudice the appeal in Diva's, Inc. at al v. City of Bangor,
Docket Number CV 99-87.
3. Cormier, or any association, partnership corporation or any other entity that Cormier
Is a part of in any way, shall not now, or in the future, fila in any town, any
challenge to the constitutionality or validity of the Ordinance, or any part thereof,
except that Cormier may challenge the Ordinance if any substantive changes are
made to it subsequent to the amendment attached.
4. Cormier well comply with the Ordinance in all respects now and upon amendment.
5. Cormier shall comply with the Ordinance, and any amendments at the current
location of Diva's, Inc and OMC lounge, Inc., 65 Sate Street, namely by ceasing
commercial display of nudity as defined by the Ordinance on or before May 31, 2001.
6. In the event Comfier fails to comply with the Ordinance, as required by paragraph 5
above, Cormier shall be responsible for all costs associated with the City's
enforcement of the Ordinance, including, but not limited to, womeys fees.
I
ese
Witness
State of Maine
Penobscot, as
DIVA'S, INC.
e
Name: Diane Cormier
Title:
DMC LOUNGE, INC.
Name: Dian
e Cormier
Tide: Pr<P'. 4c-,T-
me
c.Tme Cramer
CITY OF BANGOR
Name: Edward A Barren
Title: City Manager
December 13 1999
Then personally appeared the above-named Diane Cormier, Pee,i.%•f
of Diva's, Inc, and acknowledged the foregoing to be her free act and deed in her said
capacity, And the free act and deed of said Diva's Inc.
Before me,
o ary PublidAaomey at law
Primed Name
Commission expires:
NORMAN S. MEIRIANN, III
NOTARY PUBLIC, MAINE
MY COMMESION EXPIRES JANUARY 81, 2004
Wass
State of Maine
Penobscot, ss December 13, 1999
Then personally appeared the above-named Diane Corroder, Pre, : a . %
of DMC Lounge, Inc, and acknowledged the foregoing to be her free act and deed in her
said capacity, and the free act and deed of said DMC Lounge Inc.
Before me,
NORMAN B. XEITMANN, 111
N Public/Alm el law
NOTARY PUBLIC, MAINE
Anted Name:
MY COMMEMOX EXPIRES JANUARY 31, Me
Commission eapGes:
State of Maine
Penobscot, as December 13, 1999
Then personally appeared the above-named Diane Cormier, Rod acknowledged
the foregoing m be her fire act and deed.
Before me,
NORMAN S. XERMAK, in o ry Pu lic/A mey at law
NOTARY PUBUB. MAINE Noted Name:
MY COMMICNOR WIRES JANUARY 31, HE Commission expires:
Stam of Maine
Penobscot, as December 13 1999
Then persmmlly appeared the above-named Edward A. BareX, City Manager,
and acknowledged the foregoing m be his free act end deed in his said capacity, and the
free act and deed of said body corporate.
Before me,
Notary Public/Atmmey at law
Printed Name:
Commission expires: