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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: