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HomeMy Public PortalAbout1989-81Member ne/J adoption: introduced the following resolution and moved its CITY OF MEDINA RESOLUTION NO. err_y/ RESOLUTION AUTHORIZING REASSESSMENT AND REFUNDS OF SPECIAL ASSESSMENTS LEVIED IN REGARD TO HUNTER DRIVE NORTH ROAD IMPROVEMENTS (PROJECT NO.85-3) WHEREAS, the City of Medina (City) conducted a public improvement project in 1985 (Project) which resulted in paving Hunter Road from Medina Road to 800 feet south of Hamel Road; and WHEREAS, pursuant to Stat., Chapter 429, the City assessed a portion of the cost of the Project against benefitted properties; and WHEREAS, Mr. James Lutz was the owner at the time of the Project of certain properties which were assessed by the City; and WHEREAS, Mr. Lutz challenged the City's assessment against certain of his properties as exceeding the benefit derived by the properties from the Project; and WHEREAS, Mr. Lutz prepaid special assessments for several properties and requested refund of such payments in his appeal to district court; and WHEREAS, in accordance with the award of the arbitrator dated March 4, 1989, Mr. Lutz and the City entered into a Stipulation for Dismissal dated September 29, 1989, specifying refunds of special assessments to be paid by the City to Mr. Lutz. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina as follows: 1. The City shall pay to James Lutz the amount of $5,588.56 in satisfaction of the above Stipulation for Dismissal. This amount is the aggregate of the refunds due on the lots and in the specific amounts outlined in Exhibit A attached hereto. 2. The special assessments due and owing for the properties specified in Exhibit A regarding Medina Improvement Project No. 85-3 shall be adjusted for consistency with this resolution. 3. The City Clerk -Treasurer is hereby authorized and directed to take any and all actions necessary to disburse the approved funds. Dated: Thomas Anderson., Mayor ATTEST: Donna Roehl, Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by member f11ah€l/ in favor thereof: 4Y? dz-r5o r-1, and upon vote being taken thereon, the following voted "71_ 4 e /i TA �,� , S� ti €_,�G,� and the following voted against same: /✓o t✓e Whereupon said resolution was declared duly passed and adopted. Gt SZa,,7 2