ORDINANCE NO. O-02-2011

 

AN ORDINANCE CONFIRMING THE CITY ENGINEER’S ESTIMATE OF THE COST OF THE IMPROVEMENT AND CERTIFICATE OF APPORTIONMENT FOR THE IMPROVEMENT OF SOUTH FORT THOMAS AVENUE FROM 947 SOUTH FORT THOMAS AVENUE TO ITS INTERSECTION WITH GARRISON AVENUE; AND RIVER ROAD FROM ITS INTERSECTION WITH SOUTH FORT THOMAS AVENUE TO A POINT APPROXIMATELY 75 FEET IN DISTANCE; ALL  IN  THE  CITY OF  FORT  THOMAS, CAMPBELL COUNTY, KENTUCKY, AND ALL IN ACCORDANCE WITH THE PLANS AND SPECIFICATIONS THERETO AS SUBMITTED BY  THE  CITY ENGINEER AND AS  APPROVED BY THE  BOARD  OF COUNCIL; APPROVING AND LEVYING A SPECIAL ASSESSMENT AGAINST THE ABUTTING PROPERTY OWNERS AND PROVIDING FOR  ITS PAYMENT; DIRECTING THE  CITY  CLERK  TO  PUBLISH  THIS ORDINANCE IN THE MANNER PROVIDED BY LAW; DIRECTING THE CITY TREASURER TO PREPARE AND  DISTRIBUTE  THE  ASSESSMENT BILLS  REQUIRING ALL ABUTTING  PROPERTY OWNERS TO PAY THE IMPROVEMENT ASSESSMENT.

 

            WHEREAS, a public hearing was conducted on March 16, 2009 regarding streetscape improvements to the Midway District, including portions of South Fort Thomas Avenue and River Road; and

 

WHEREAS, bids were solicited for streetscape improvements to the Midway District in order to obtain the lowest and best price; and

 

WHEREAS, an Ordinance ordering the streetscape improvements to the Midway District was adopted by the Board of Council on May 4, 2009 which established the assessments to abutting property owners; and

 

WHEREAS, the city, through is Public Works Committee of Council, staff and engineer, inspected said improvements and recommended acceptance same.

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF FORT THOMAS, CAMPBELL COUNTY, KENTUCKY:

 

SECTION I

 

That the Public Works Committee of the Board of Council of the City of Fort Thomas, Kentucky, and the City Engineer of said City recommend the acceptance of the improvement of South Fort Thomas Avenue from 947 South Fort Thomas Avenue to its intersection with Garrison Avenue; performed by removal of existing concrete curb, sidewalk and median, construction of new concrete vertical curb depressed at driveways, construction of new decorative sidewalk (combination of pavers and jointed plain concrete), limestone welcome mats at each property, interpretative pavers, construction of new ten-foot flush paver island, variable thickness asphalt pavement milling of 1.5” at centerline to 2.5” at face of curb, asphalt surfacing course of 1.5”, decorative street lighting, electrical outlets at tree wells and light poles, decorative street and regulatory signs, decorative paver crosswalks, tree wells with large trees, plantings of shrubs and perennials, and driveway alignment.

 

That the Public Works Committee of the Board of Council of the City of Fort Thomas, Kentucky, and the City Engineer of said City recommend the acceptance of the improvement of River Road from its intersection with South Fort Thomas Avenue to a point approximately 75 feet in distance; performed by removal of existing concrete curb, sidewalk and median, construction of new concrete vertical curb depressed at driveways, construction of new decorative sidewalk (combination of pavers and jointed plain concrete), limestone welcome mats at each property, interpretative pavers, construction of new ten-foot flush paver island, variable thickness asphalt pavement milling of 1.5” at centerline to 2.5” at face of curb, asphalt surfacing course of 1.5”, decorative street lighting, electrical outlets at tree wells and light poles, decorative street and regulatory signs, decorative paver crosswalks, tree wells with large trees, plantings of shrubs and perennials, and driveway alignment.

 

            All of these improvements have been constructed in accordance with the plans and specifications thereof as submitted by the City Engineer, and the Board of Council, on the advice of the Public Works Committee and the City Engineer, who deem the work completed; and said work is hereby declared to be completed and the City Engineer’s estimate of the cost to said improvement and the Certificate of apportionment are hereby accepted, approved, and confirmed.

 

 

SECTION II

 

            That special assessment rates as set out below per linear foot and fronting on listed streets, be and the same is hereby apportioned, levied, and assessed against said real estate and the owners thereof (see attached Exhibit “A”) at the stated cost per foot, as set out as follows:

 

STREET                FRONT FT COST              FRONT FT COST                FINAL COST

                              CITY  PORTION                PPTY OWNR PORTION

 

S. Fort Thomas Ave.    $ 414.77                                  $ 33.63 *                     $ 863,000.00

River Road                   $ 414.77                                  $ 33.63 *                     $ 863,000.00

 

* Note: Front foot cost to property owner is based upon a value added resurfacing equivalency standard, constituting 7.5% of the total project cost (with City portion constituting 92.5% of total project cost).

 

 

SECTION III

 

            Payments for all improvements shall be due within forty-five (45) days of the publication of the Ordinance of Apportionment and any assessment levied that is not paid when due shall bear a penalty of five percent (5%).  An additional ten percent (10%) penalty will be levied thirty-one (31) days after the due date, and any unpaid assessment shall accrue eight percent (8%) per annum interest, except for those property owners participating in the Installment Payment Plan, as outlined below, and shall continue to accrue and be liable as provided by law.  The City’s portion of the entire improvement cost shall be paid within thirty (30) days from the acceptance of said work under the contract. 

 

 

INSTALLMENT  PAYMENT  PLAN

 

            Property owners will have the option to pay in full or finance the total assessment amount over a ten (10) year period at a rate of four percent (4%) interest equal to the tax-exempt borrowing rate secured by the City to finance the project. The first annual installment shall become due and payable on July 1, following the year in which the project was completed.

 

            Any property owner interested in the Installment Payment Plan shall initiate this process by completing an Installment Agreement Form with the City’s Director of Finance within thirty (30) days of the publication of the Ordinance of Apportionment.  A non-refundable administrative fee of thirty-five dollars ($35) shall be required to process the Installment Agreement Application Form.  Installment payments shall be made to the Finance Office on or before July 31 of each year as outlined in the Agreement.

 

            If any property owner fails to make their installment payment by July 31 of each year as outlined in the Agreement, the entire unpaid balance will become due immediately and payable in full with no recourse.  The City shall exercise its rights to proceed to collect all amounts in default of improvement assessment bills by initiating appropriate legal action.

 

SECTION IV

 

            The City Clerk is hereby directed to publish this Ordinance in the manner provided by law.

 

 

 

SECTION V

 

            The City Treasurer shall, at the time that the afore-mentioned Ordinance is published, or one week thereafter, give notice by distribution of assessment bills requiring all property owners to pay the improvement tax levied in accordance with Section III of this Ordinance.

 

SECTION VI

 

            This Ordinance shall be in full force and effect from and after its passage, approval and publication as designated by law.

 

 

 

 

                                                                                    APPROVED:

 

                                                                                    _______________________

                                                                                    Mary H. Brown, Mayor

 

1st Reading:  January 18, 2011

 

ADOPTED:  February 7, 2011

 

ATTEST:

__________________________

Melissa Kelly, City Clerk

 

Published:  Recorder

 

 


 

Name

MailingAddress

City, State, Zip

AssessedAddress

PIDN

% of Project

Frontage

Per ft.

Total

DORNETTE, CAROL J.

17 W. VILLA PL.

FT. THOMAS, KY 41075

1011 S. FT. THOMAS AVE.

13-242.00

2.65%

100.00

33.63

3363.00

SCHAEPER, CAROL & LAWRENCE

17 W. VILLA PL.

FT. THOMAS, KY 41075

1013 S. FT. THOMAS AVE.

16-240.00

0.76%

28.70

33.63

965.18

MIDWAY CAFÉ INC. 

13 WHISPERING WOODS

ALEXANDRIA, KY 41001

1017 S. FT. THOMAS AVE.

13-661.00

1.33%

50.00

33.63

1681.50

CRESCO INVESTMENT LLC

P.O. BOX 252

FT. THOMAS, KY 41075

1025 S. FT. THOMAS AVE

17-269.00

2.04%

76.99

33.63

2589.17

GROESCHEN, LAVERN F.

6244 SEATTLE RULE CT.

LOVELAND, OH 45140

1029 S. FT. THOMAS AVE.

13-913.00

1.40%

52.76

33.63

1774.32

MASTERS, JAMES & LISA

400 VATER RD.

BUTLER, KY 41006

1031 S. FT. THOMAS AVE.

14-693.00

1.77%

66.76

33.63

2245.14

WARD, MYRNA

1035-1037 S. FT. THOMAS AVE.

FT. THOMAS, KY 41075

1035 S. FT. THOMAS AVE.

15-724.00

1.07%

40.35

33.63

1356.97

ARNZEN, ROBERT & JOANNE

8 GRAND LAKE DR.

FT. THOMAS, KY 41075

1041 S. FT. THOMAS AVE.

12-266.00

1.33%

50.00

33.63

1681.50

HOSEA, DAVID

1043 shares driveway with 1045 - no front footage

 

1043 S. FT. THOMAS AVE.

16-633.00

0.00%

0.00

33.63

0.00

HOSEA, DAVID

38 WALKER RD.

FT. THOMAS, KY 41075

1045 S. FT. THOMAS AVE.

16-636.00

1.99%

75.00

33.63

2522.25

DRC ENTERPRISES LLC

3240 HIGH RIDGE DR.

TAYLOR MILL, KY 41015

1107 S. FT. THOMAS AVE.

16-635.00

0.80%

30.00

33.63

1008.90

FT. THOMAS DEVELOPMENT LLC

6148 ALEXANDRIA PIKE

COLD SPRING, KY 41076

1109 S. FT. THOMAS AVE.

16-634.00

1.19%

45.00

33.63

1513.35

O'NEILL, JAMES E. & PEGGY

1113 S. FT. THOMAS AVE.

FT. THOMAS, KY 41075

1113 S. FT. THOMAS AVE.

15-603.00

0.88%

33.33

33.63

1120.89

DOVETAIL REALTY GROUP LLC

1123 S. FT. THOMAS AVE.

FT. THOMAS, KY 41075

1117 S. FT. THOMAS AVE.

14-291.00

1.10%

41.67

33.63

1401.36

DOVETAIL REALTY GROUP LLC

1123 S. FT. THOMAS AVE.

FT. THOMAS, KY 41075

1119 S. FT. THOMAS AVE.

12-813.00

0.66%

25.00

33.63

840.75

DOVETAIL REALTY GROUP LLC

1123 S. FT. THOMAS AVE.

FT. THOMAS, KY 41075

1121 S. FT. THOMAS AVE.

12-871.00

0.94%

35.50

33.63

1193.87

DOVETAIL REALTY GROUP LLC

1123 S. FT. THOMAS AVE.

FT. THOMAS, KY 41075

1123 S. FT. THOMAS AVE.

12-812.00

0.97%

36.52

33.63

1228.17

JOHN T. COFFMAN

1100 S. FT. THOMAS AVE.

FT. THOMAS, KY 41075

1100 S. FT. THOMAS AVE.

12-935.00

2.18%

82.20

33.63

2764.39

THEISS, MARGARET L. TRUST

1784 BETHEL-NEW RICHMOND RD.

NEW RICHMOND, OH 45157

1118 S. FT. THOMAS AVE.

16-873.00

1.33%

50.00

33.63

1681.50

COFFMAN, JOHN T.

1100 S. FT. THOMAS AVE.

FT. THOMAS, KY 41075

1100 S. FT. THOMAS AVE.

12-935.00

1.03%

38.90

33.63

1308.21

COFFMAN, JOHN T. & MYRTLE

1100 S. FT. THOMAS AVE.

FT. THOMAS, KY 41075

9 RIVER ROAD

12-936.00

1.01%

38.10

33.63

1281.30

VETERANS ADMINISTRATION

1000 S. FT. THOMAS AVE.

FT. THOMAS, KY 41075

EXEMPT

00-000.00

16.43%

619.63

33.63

20838.16

CITY OF FT. THOMAS

130 N. FT. THOMAS AVE.

FT. THOMAS, KY 41075

MIDWAY COURT R-O-W

00-000.00

0.51%

19.30

33.63

649.06

CITY OF FT. THOMAS

130 N. FT. THOMAS AVE.

FT. THOMAS, KY 41075

RIVER ROAD R-O-W

00-000.00

5.30%

200.00

33.63

6726.00

CITY OF FT. THOMAS

130 N. FT. THOMAS AVE.

FT. THOMAS, KY 41075

GARRISON AVE. R-O-W

00-000.00

1.33%

50.00

33.63

1681.50

 

 

 

 

Total

50.00%

1885.71

 

63416.43