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Ordinance 9431
r- ORDINANCE NO.-~- AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVE- MENTS AND OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS ON A PORTION OF STATE HIGHWAY 183 (EPHRIHAM AVENUE) AND PORTIONS OF SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS, FIXING TIME AND PLACE FOR HEARING TO THE OWNERS OF ABUTTING PROPERTY AND TO ALL OTHERS INTERESTED; DIRECTING THE CITY SECRETARY TO GIVE NOTICE OF SUCH HEARING; AND DIRECTING THE CITY SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION OF SAME IN THE MINUTE BOOK OF THE CITY COUNCIL AND BY FILING THE COMPLETE ORDINANCE IN THE APPROPRIATE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Fort Worth, Texas, has heretofore ordered that each of the hereinafter described portions of streets, avenues and public places in the City of Fort Worth, Texas, be im- proved by raising, grading and filling same and by constructing thereon the following, to-wit STATE IiIGHWAY 183 From State $ighway 199 to Farm Road 1220 (Azle Avenue), (Ephriham Avenue) known and designated as Project No. 30-035459-00, a new two-inch thick hot-mix asphaltic concrete pavement with a fabric underseal on the existing concrete base and adding eight-inch high concrete curb and eighteen- inch wide concrete gutter so that the finished roadway will be sixty-feet wide. Six-inch thick concrete drive- way approaches will be constructed where required. ~\ together with concrete curbs, gutters, driveways and incidentals to such improvements on proper grade and line where same are not already so constructed, together with storm sewers and drains and other necessary incidentals and appurtenances; all of said im- provements to be constructed as and where shown on the Plans and in strict accordance with the Plans and Specifications therefor; contract therefore has been made and entered into with State Department of Highways. and Public Transportation and WHEREAS, the City Council of the City of Fort Worth, Texas, has caused the Public Works Director to prepare and file estimates of the cost of such improvements and estimates of the amount per front foot proposed to be assessed against abutting property and the owners thereof, and such estimates have been examined, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT• I. Such estimates be, and they are hereby adopted and approved. II. It is hereby found and determined that the cost of improvements on each portion of streets, avenues, and public places hereinafter described, with the amount or amounts per front foot proposed to be assessed for such improvements against abutting pro- perty and the owners thereof, are as follows, to-wit: ST,AT~ HIGHWAY 183 From State Highway 199 to Farm Road 1220 (Azle Avenue), (Ephriham Avenue) known and designated as Project No. 30-03'5459-00. The estimated cost of improvements is $_..60,495 00 the estimated amount per front foot to be assessed against abutting property and the owners thereof for concrete curb and gutter is $ 9.82 the estimated amount per front foot to be assessed against abutting property and the owners thereof for pavement is $0.00 , the estimated amount per front foot to be assessed against abutting property and the owners thereof for -0- wide concrete sidewalk is $ 0 00 the estimated amount per square foot to be assessed against abutting property and the owners thereof for six-inch thick concrete driveway is $ 3.41 per square foot; the total estimated amount per front foot to be assessed against abutting property and the owners thereof is $ 9 82 , plus the cost incurred for concrete driveway construction where specified. +v; 1T1 A hearing be given and held by and before. the City Council of the City of Fort Worth, Texas, to all owning or claiming any property abutting upon said portions of highways, streets, avenues and public places, as well as to all owning or claiming any interest in any such property. Such hearing shall be given and held on the 20th day of August 19 85 at 10.00 a.m, in the Council Chamber in the City Hall in the City of Fort Worth, Texas, and the City Secretary is hereby directed to give or cause to be given notice ,of the time and place of such hearing and of other matters and facts in accordance with the terms and provisions of an Act passed at the First Called Session of the Fortieth Legislature of the State of Texas, and known as Chapter 106 of the Acts of said Session, now being known as Article 1105b of vernon's Texas Civil Statutes as amended by Acts 1967, 60th Legislature, Page 365, Chapter 176, Section 1, emergency effective May-12, 1967 Such notice shall be by advertisement inserted at least three (3) times in a newspaper published in the-City of Fort Worth, Texas, the first publication to be made at least twenty-one (21) days before the date of said hearing Said notice shall comply with and be in accordance with the terms and provisions of said Act as amended The City Secretary is further directed to give or cause to be given personal notice of the time and place of such hearing to all owning or claiming any property abutting on said portions of highways, streets, avenues and public places, as well as to all owning or claiming any interest in any such property. Such personal notice shall be in writing and shall be given or caused to be given by the City Secretary by depositing such written notice in the United States Mail. at least fourteen (14) days before the date of the hearing, postage prepaid, in envelopes addressed to all persons owning or claiming any interest in the respective properties abutting the high- ways, streets, avenues and public places or portions thereof to be improved, as the names bf such persons are shown on the current rendered tax rolls of the City of Fort Worth and at the addresses so shown, or if the name of such respective owners do not appear on such rendered tax rolls, then address to suce~ owners as their names are shown on the current unrendered tax rolls of the City of Fort Worth at the addresses shown thereon. In those cases in which an owner of property abutting a highway, street, avenue or public place or portion or portions there- of which is to be improved is listed as "unknown'° on the then current City of Fort Worth tax rolls, or the name of an owner is shown on the City of Fort Worth tax rolls but no address for such owner is shown, no notice need be mailed. In those cases where the owner is shown to be an estate, the mailed notice may be addressed to such estate. In this connection, the City Secretary shall prepare and file or cause to be prepared and filed with these proceedings a list of the properties to be assessed, the names of those persons owning or claiming any interest in said properties to whom the notice was mailed, together with the last known addresses determined as aforesaid of the respective owners and those pera sons owning or claiming any interest in said property The City Secretary shall certify that. each of the parties in said list whose address is shown on the then current rendered or. unrendered tax rolls of the City of &°ort Worth was mailed a copy of the notice of hearing and shall fs~rther certify the date or dates on which said notice was mailed. A copy of each notice shall be attached to such certificate, The certificate of the City Secretary will be con- clusive evidence of the facts therein recited. c'~ s. c. w IV. The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption of same in the Minute Book of the City Council and by filing the complete ordinance in the appropriate Ordinance Records of this City V. This ordinance shall take effect and be in full force and effect from and after the date of its passage Passed and approved this- day of 19 APPROVti:D AS 70 FORM AND LEGALITY ,ty ttorney ~~ , L ~, DATE REFERENCE SUBJECT ESTABLISHMENT OF HEARING DATE FO PAGE NUMBER RECONSTRUCT ION OF STATE HIGHWAY 183 FR 2 7/23/85 **G-9147 `STATE HIGHWAY 199 TO FARM-MARKET '1220 ' °f Recommendations It is recommended that the City Council: 1. Approve the following bond fund transfer• F ran T o Amount Reason Y 30-035901-00 30-035.459-00 ' $8,240.00 Additional cost of City';s Misc. Street Improvements share of project cost. ROW/ Highway S.H. 183 i' (S.H. 199=F .M. 1220) 2. Adopt an ordinance. ©~~ C~j,~3 ~ A. declaring the necessity for and ordering the improvements; B. making provisions for levying the assessments; C. directing the Transportation and Public Works Department to prepare estimates of costs and amounts to be assessed, D. authorizing the City Manager to execute an agreement with the State Department of Highways and Public Transportation whereby the City agrees to pay to the State of Texas $60,495.00 in accordance with't~he agreement approved by M&C C-9059, dated June 4, 1985, P 3. Adopt a'n ordinance• Q 1;' ~ ~y A. approving the estimates of costs and amounts to be assessed, and, B. setting August 20, 1985, as the date for the benefit hearing. 4. Authorize the City Manager to submit a check (warrant) to the S.D.H.P.T. for the City's additional share of the project costs in the amount of $8,240. Background On March 12, 1985 (M&C C-8894), the City Council approved Minute Order No. 82692 providing for the improvement of State Highway 183 from State Highway i99 to Farm-Market 1220. Final plans were completed and the City's share of cost was estimated at $52,225. On June 4, 1985 (M&C C-9052), the City Council authorized the City Manager to execute the proposed agreement presented by the S. D. H. P.T. providing for the improvements and to submit a check (warrant) to the State for the City's estimated share of costs in the amount of $52,255. DATE REFERENCE suB~ECTESTABLISHMENT OF HEARING DATE FOR PAGE 7/23/85 NUMBER **C-9147 ECONSTRUCT ION OF STATE HIGHWAY 183 FROM 2 2 ` __ TATE HIGHWAY 199 TO FARM-MARKET 1220 ° Project Description Roadway R.O.W. Street Limits Width-Feet Width-Feet State Highway 183 S.H. 199 (Jacksboro Hwy) 60 80 (Ephriham Ave.) to F.M. 1220 (Azle Ave) Improvements State Highway 183 in this area is approximately 60-feet wide with an asphalt surface on a concrete base with approximately 50 percent of the abutting property having concrete curb and gutter and driveway approaches. Present ,improvements will include repair of the existing base and construction of a new 2-inch thick hot-mix asphaltic concrete surface with a fabric underseal. The improvements will also include contructing new concrete curb and gutter and driveway approaches where they are needed. Required storm drain facilities will also be added. Receipt of Bids Bids on the project were received on June 7, 1985, by the State Department of Highways and Public Transportation with APAC-Texas, Inc., being the low bidder at $512,480.02. The City's share of the construction cost is $60,495.00 for curb and gutter, driveway approaches and storm drain facilities. The contractor will have 50 working days to complete the project. Project Cost and Financing Based on the low bid unit prices and the City's standard policy for reconstruction, approximately $31,533.59 is proposed to be assessed against adjacent properties for non-existing curb and gutter and driveway approaches. Funding for the property owners share of construction cost was previously provided for by M&C C-9059, dated June 4, 1985. Then total low bid received by the S. D. H.P.T. is 15.77 percent over the engineer's estimate. Several of the unit bid prices, for which the City is responsible, are excessive compared to recent bids received by the City. The staff has.. negotiated with the S.D.H.P.T. local district office staff and recommended to the State Highway Commission that the City of Fort Worth's share (unit bid prices) be increased by the 15.77 percent over the engineer's estimate rather than using the actual unit bid prices to determine the City's share of cost. The State Highway Commission accepted the recommendation which resulted in a savings to the City of approximately $30,000. A bond fund transfer is required to provide for the City's $8,240 (15.77%) additional cost. DAI ue SUBMITTED FOR TH CITY MANAGER'S ~ ~~ i// / OFFICE BY ~,u~C . ~ ll ~[~L~~- DISPOSITION BY COUNCIL. APPROVED PROCESSED BY . c: _ ORIGINATING DEPARTMENT HEAD Gary L Santerre .. OTHER (DESCRIBE) ~~ CITY SECRETARY FOR ADDITIONAL INFORM TION CONTACT Adel 1 Schmidt Ext 7805 _ w E DAT