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Ordinance 5509
ORDINANCE NO. -�-�✓°9 AN ORDINANCE APPROVING AND ADOPTING ESTIMATES OF THE COST OF IMPROVE- MENTS AND OF AMOUNTS TO BE ASSESSED FOR IMPROVEMENTS ON A PORTION OF LONG AVENUE EXTENSION 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 FILLING 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: 1. LONG AVENUE EXTENSIONS From 26th Street to 34th Street, known and designated as Unit No. 4, Project No. 094-23000-104, a 7-inch reinforced concrete pavement on a 64-foot roadway. together with combined concrete curbs and gutters 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 improvements to be constructed as and where shown on the Plans and in strict accordance with the Plans and Specifications therefor; and contract therefor has been made and entered into with TEXAS BITULITHIC COMPANY ; 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 amounts per front foot proposed to be assessed against abutting property and the owners thereof, and such estimates have been ex- amined. 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 street,avenue and public place hereinafter described, with the amount or amounts per front foot proposed to be assessed for such improvements against abutting property and the owners thereof, are as follows, to-wit: LONG AVENUE EXTENSION: From 26th Street to 34th Street, known and designated as Unit No. 4, Project No. 094-23000-104. The estimated cost of improvements is $ 205.101.58 ; the estimated amount per front foot to be assessed against abutting property and the owners thereof for combined concrete curb and gutter is $-2.01 ; the estimated amount per front foot to be assessed against abutting property and the owners thereof for improvements exclusive of curb and gutter is $ 10.04 the total estimated amount per front foot to be assessed against abutting property and the owners thereof is $ 12.05 The estimated cost of improvements is $ _ — the estimated amount per front foot to be assessed against abutting property and the owners thereof for combined concrete curb and gutter is $ ; the estimated amount per front foot to be assessed against abutting property and the owners thereof for improvements exclusive of curb and gutter is $ _; the total estimated amount per front foot to be assessed against abutting property and the owners thereof is z III. A hearing be given and held by and before the City Council of the City of Fort Worth,Texas,to all own- ing or claiming any property abutting upon said portions of 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 theme—day of February , 19 66, at 9130 is 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 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 Ses- sion, now benig shown as Article 1105b of Vernon's Texas Civil Statutes.Such notice shall be by advertisement at least three times in a newspaper published in the City of Fort Worth,Texas,the first publication to be made at least ten days before the date of said hearing.Said notice shall comply with and be in accordance with the terms and provisions of said Act. The City Secretary is further directed to'give personal notice of the time and place of such hearing to all owning or claiming any property abutting on said portions of streets,avenues and public places, as well as to all owning or claiming any interest in any such property. Such personal notice shall be given by the City Secretary mailing said notice postage prepaid, to the respective owners of record of the properties to be assessed, and to any person owning or claiming any interest in said properties,to the last known address of said owner or persons. It shall not be necessary for the City Secretary to mail said notices to any owner or other person claiming an interest in the property to be assessed when the addess of such owner or other person claiming an interest in the property to be assessed is unknown to the City Secretary and cannot be determined by the City Secretary after reasonable investigation. In this connection the City Secretary shall prepare and file with these proceedings a list of the properties to be assessed, the names of those persons own- ing or claiming any interest in said properties to whom the notice was mailed, together with the last known/ address of the respective owners and those persons owning or claiming any interest in said property. The.City Secretary shall certify that each of the parties named in said list whose address was known to him, was mailed a copy of the notice of hearing and shall further certify the date or dates on which said notice was mailed. A copy of the notice shall be attached to such certificate. The certificate of the City Secretary will be conclusive evidence of the facts therein recited. Failure of the City Secretary to give notice of hearing by mail as herein provided for, or failure of the owners or other persons interested to receive said notice,shall in nowise invalidate said hearing or any assessments levied pursuant to said hearing, but notice of hearing shall be sufficient, valid and binding upon all owning or claiming such abutting property or any interest therein when same shall have been given by newspaper advertisement as first hereinabove provided. 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 fo• e and effect from and after the date of its passage. Passed and approved this c__ _ day of---Ltd APPROVED AS TO FORM AND LEGALITY: City Attorney City of Fort Worth, Texas Mr: Xo�. Kr. ?helm (s Ma ae and .Council Communication DATE 1-24-66 REFERENCE susiscT- LONG AVENUE EXTENSION, PROJECT PAGE094-23000-104, CONTRACT 4 1 2 C-640 CIP-A-71 Council action on the project described below is requested: PROJECT DESCRIPTION Nature of work: The bond election of 1958 authorized the widening and paving of Long Avenue - 33rd Street from Jacksboro Highway to Deen Road. The 1965 Capital Improvement Program schedules that section of Long Avenue between N.W. 26th Street and N.V. 34th Street (CIP A-71, Item 2) . Included in this contract is the channelization of Azle Avenue at the Long Avenue intersection. Project glans for the widening and improvement. of Long Avenue are as fellows: ROADWAY UNIT STREET LIMITS WIDTH R.O.W. 4 Long Avenue 26th Street to 34th Street 64 feet 110 feet SUBMISSION OF BIDS BIDDER AMOUNT BID WORKING DAYS Texas Bitulithic Co. $186,455.94 120 Worth Construction Co. 189,405.18 120 J. L. Bertram Construction 196,131.24 120 A Engineering, Inc. PROJECT COST AND FINANCING Based on the loge bid, approximately $31,484 will be assessed against abutting property owners. The cost to the City-at-large will be approximately $173,617, including engineering and miscellaneous expenses. Funds for the property owners' share of the paving costs will be provided by a transfer from the Revolving Fund. Funds are available in Project 094-23000-104 "Long Avenue Extension" for the City's portion of construction, engineering and miscellaneous costs. RECOMMENDATIONS OFFICIAL RECORD It is re���ended: CITY crp- ::: tRy 1) That ts,e following bond fund Transfer be appWc-vedo '' -: FT. V16"' TEX. A1�M0�;�!�1 FROM I® - _.:�-s $31,484.17 key,.:ving Furd 04 2-7194 2 3-1 04 Property cwne.s• g r►�L tl�i'fl �ti'.4Sg DATE REFERENCE SUBJECT: UM AVEM M EXTEISrIIOH, PROJECT PAGE 1-24-66 NUMBER 094-23000-104, COl@` &= 4 2 Of2 C-640 C P-A- 1 2) That an ordinance be adopted.t a) Declaring the necessity for and ortieiing ,the improements to the street.as specified abd*e;. b) Making provisions €or the levying of• assessments; c) Directing the 'Public Works .Department to prepare estimates of coat and amounts proposed to be assessed; d) Awarding the contract io,"Te"s Bitulithic Company on its low bid of $186,455.94 for improvements i'n the project herein described; and, - e) Making appropriations to cover the ihd'ebtedness thereby incurred. 3) That an ordinance be adopted: a) Approving the estimates and amounts proposed to be assessed; and, b) Setting rebruary 7, 1966, as the date of the Benefit Hearing. PFS:eln The following summaries are attached: Attachment "A" - Resume of -the Project Attachment "B" - Distribution of cost and results of Post Card Survey Attachment "C" - Assessment Rolls in alphabetical order. SUBMITTED BY: DISPOSITION BY COUNCIL: PRO �SE2�] APPROVED [IOTHER (DESCRIBE) Ord. 5508 declaring necessity for and ordering sECRY improvements. Ord. 5509 setting date DATE CITY MANAGER ?,, 1966 for benefit hearing. 1/24/66 ATTACHMENT "A" CITY OF FORT WORTH PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION WIDENING AND IMPROVEMENT LONG AVENUE EXTENSION Project No. 094-23000-104 A Neighborhood Hearing was conducted by the Engineering Division of the Public Works Department at the W. J. Turner Elementary School Auditorium on October 25, 1965, for the widening and improvement of Long Avenue from N.W. 26th Street to N.W. 34th Street, Contract IV, Project 094-23000-104. The proceduges concerning owner participation in the cost of paving, including methods and policies of determining assessments, street construction standards, and method of payment were explained to the 26 persons in attend- ance. Mrs. Nathan Flanagan, 2705 Azle Avenue, the owner of Lot 3 and north J of Lot 2, Block 101, Rosen Heights Addition, inquired as to the assessment against her property, contending that since her property will not abut Long Avenue upon completion of improve- ments she should not be assessed. Mrs. Flanagan's property is separated from the right- of-way by a strip of land 25 feet in depth, which is owned by the City, being residue of property bought for right-of-way. Mrs. Flanagan was informed that the assessment entitled her to take access to her property from Long Avenue and that if she desired to purchase the land it would be offered to her for sale.' An appraisal has been obtained, with recommendations tabulated below. Mr. Travis Britt, 3008 Long Avenue, the owner of Lot 11, Block 71, Rosen Heights Addition, objected to the assessment of $1,649.20. The lot will become a corner lot after the right-of-way taking and is zoned I-Light Industrial. Mr. J. W. Gathings, 8411 Sweetwater Drive, Dallas, Texas, the owner of Lot 23, Block 100, Rosen Heights Addition, asked why the City was assessing his property when it does not abut on Long Avenue but is separated by a triangular strip of City owned land. Mr. Gath- ings was advised that he would be entitled to take access from Long Avenue and that he could, if he so desired, purchase the parcel of City owned property. An appraisal has been obtained, with recommendations tabulated below. Mr. John B. Lee, 2621 N.W. 32nd Street, the owner of Lot 11, Block 68, Rosen Heights Addition, also complained about being assessed for Long Avenue improvements because his property does not abut Long Avenue. As in other cases mentioned, there is a small piece of City owned land between Mr. Lee's property and Long Avenue right-of-way. An appraisal of this property has also been obtained. As a result of property owners' statements concerning land value enhancement, the Public Works Department retained the services of an independent real estate appraiser to estimate the increase in value to selected side lots which were being assessed but which do not abut directly on Long Avenue. I Al'"IAC'rYi MENT "A" Page 2 of 2 The appraisals obtained have been evaluated by the staff and a reduction in assessments is justified. The Public Works Department recommends reduction in paving assessments on the following parcels of property in the amount representing the difference between the standard assessment and the estimated increase in lot value. STANDARD ESTIMATED PROPERTY PAVING INCREASE OWNER DESCRIPTION ASSESSMENT IN VALUE DIFFERENCE Tv J. W. Gathings Lot 23, Block 100 $513.00 $350.00 $163.00 8411 Sweetwater Dr. Rosen Heights Addition Dallas, Texas Nathan T. Flanagan Lot 3 & N. 25' of Lot $1,649.20 $1,100.00 $549.20 2705 Azle Avenue 2, Block 101, Rosen Heights Addition John B. Lee Lot 11, Block 68 $10689.30 $500.00 $1,189.30 2621 N.W. 32nd St. Rosen Heights Addition $1,901.50 STAFF STANDARD APPRAISED EST1riA'i'E PROPERTY PAVING INCREASE INCREASE OWNER DESCRIPTION ASSESSMENT IN VALUE IN VALUE J. W. Gathings Lot 23, Block 100 $513.00 $200.00 $350.00 8411 Sweetwater Dr. Rosen Heights Addn. Nathan T. Flanagan Lot 3 & N.25' of Lot $1,649.20 $600.00 $1,100.00 2, Block 101, Rosen Heights Addition John B. Lee Lot 11, Block 68 $1,689.30 $500.00 $500.00 2621 N.W.32nd St. Rosen Heights Addn. p Li oa i sv 0: 1 Z C W ` di r r 7 }sANra i6 n O V PN , QUIP COLORAOtl /� 1 0 N � o PN ~ .• g aoN w. (L. •PO K NI vkv 20 AO C y y I ^ 4— J II s 7Z > C to 4 £ o it M (� I Q Wa. (3 N j �/ P 00Ix N a�Ex a N H t� z W St. a O O Z ti� M16 t�' O W P by O �P{ i N d` d • g dl r M N 0 of I Y z GoW Q Z W N an d +- -7 OZ a ~ o Q W e.. d N >- W F- O i IJ14IT 4 LONG AVENUE EXTENSION 26TH STREET TO 34TH STREET PROJECT NO. 094-23000-104 PER A.P. 65-153 CENT CONTRACTPRICE...........................................................................................................$186.455.94 ENGINEERING ...........................................................................-......I...I................... 18A645 59 ESTIMATED CONSTRUCTION COST--........... ...... ........I.................................. .. ...........$ 205a 101,53 100o 0 RESIDENTIAL FOOTAGE................................ 3l732.21 65.3 COMMERCIAL FOOTAGE.. ........................... 10979_00 34.7 TOTAL FOOTAGE........ ._.............................. 59711.21 100.0 RESIDENTIAL ASSESSMENT.....................................................$44s973.13 21.9 COMMERCIAL ASSESSMENT.................................................... 23,846,95 11.7 GROSS AMOUNT ASSESSED-.................... ......... . ..... .. ........ ..... - s 68s820.08 33.6 LESS CREDITS GRANTED................................................................................................ 37.335.91 18.2 TOTAL NET ASSESSMENT.................................................................................... ......................................... 319484.17 15A NET AMOUNT PAID BY CITY AT LARGE..................................................................._...... ..........,.............i 1739617.36 84.6 SIGNED RESULT OF POSTCARD SURVEY ORIGINAL FOR AGAINST NO OBJECTION TOTAL PETITION PAVING PAVING SUBMITTED NO. OF FRONT FEET 5711,21 404,0 947.59 4359.62 PER CENT 100.0 7.1 16.6 76.3 PARCELS OF PROPERTY 41 4 8 29 PER CENT 100.0 9.8 19.5 70.7 a NO. OF PROPERTY OWNERS 41 'I' 3 7 31 PER CENT 100.0 7.3 17.1 75.6 OWNERS LIVING ON STREET 25 H 2 3 20 PER CENT 100.0 ra 8.0 12.0 80.0 OWNERS LIVING ELSEWHERE 16 cd 1 4 11 PER CENT 100.0 .{'-I 6.3 25.0 68.7 a } > o 0 0 0 0 0 0 0 cr w . . . • � O V W f U. V) O O U) _2 m O Z Q S~ V d0 a o O o U. cr Q O w fk L -i J 680210 IVI91��0 U c4 N � W O c W N011113d 63N91S O O N pp cli Z pp p 0 0� O N O W -4 It -f-t ti 8 N U. 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