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O <br /> / �1O <br /> CITY of ORONO <br /> 0 ��0. G RESOLUTION OF THE CITY COUNCIL <br /> l9 ESH 4L.4 NO. 42 <br /> A RESOLUTION APPROVING <br /> PARTIAL REFUND OF SEWER ASSESSMENT <br /> FOR 373 WESTLAKE STREET <br /> WHEREAS,the property at 373 Westlake Street which is legally described as Lot <br /> 17, Block 2, Hillside Park(PINS No. 05-117-23 23 0028)was assessed one sewer unit as part of the <br /> 1992 Stubbs Bay Sewer Project on the basis that the property contained an existing residence <br /> structure; and <br /> WHEREAS, the property owners paid the annual assessments in a timely manner <br /> for the six tax years 1993 through 1998; and <br /> WHEREAS,the residence on the property was connected to the municipal sewer in <br /> 1993 and the sewer was in use during times that the residence was occupied thereafter; and <br /> WHEREAS,in June 1998 the property was purchased by the owners of the adjacent <br /> property, Joseph and Mary Fiedler, at which time the Fiedlers paid to the City the remaining sewer <br /> assessment balance of$5,304.02 which would have continued on the assessment rolls for tax years <br /> 1999 through 2007 had it not been paid off; and <br /> WHEREAS, on October 7, 1998 Joseph Fiedler formally requested that the City <br /> refund to him the amount of$5,304.02 based on his agreement to remove the plumbing from the <br /> principal residence structure on the property and to legally combine 373 Westlake Street with <br /> Fiedler's homestead parcel at 365 Westlake Street(Lot 18, Block 2, Hillside Park, aka PINS No. 05- <br /> 117-23 23 0029) as documented in City of Orono Resolution No. 4192 ; and <br /> WHEREAS,Mr Fiedler has indicated an intent to eventually remove the principal <br /> residence structures on each of Lots 17 and 18 and construct a new single family residence on the <br /> combined Lots, hence the sewer unit allocated and assessed to Lot 17 will no longer be needed; and <br /> WHEREAS,this refund request was reviewed by the City Council on November 9, <br /> 1998 and was approved by a vote of 3 in favor, 2 against, based on the following unique findings: <br /> 1. The property was assigned a sewer unit as part of the 1992 Stubbs Bay <br /> project because a single family residence existed on the property. However, the property is <br /> Page 1 of 3 <br />