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