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Ordinance No. 12,787ORDINANCE NO. 12,787 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A PARTIAL RELEASE OF RETAINAGE IN THE AMOUNT OF THREE HUNDRED FIFTY -FOUR THOUSAND SEVEN HUNDRED EIGHTY -FIVE AND 921100 DOLLARS ($354,785.92) TO ANGEL BROTHERS ENTERPRISES, LTD., FOR THE BAKER ROAD EXPANSION PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the City of Baytown contracted with Angel Brothers Enterprises, Ltd., for the Baker Road Expansion Project (the "Project "); and WHEREAS, the construction of the project is complete, except for a technical issue that the Harris County Flood Control District has yet to approve; and WHEREAS, since the completed portion of the Project is operational and acceptable, Angel Brothers Enterprise, Ltd., has requested that the retainage for only the completed portion of the project be reduced from 5% to 1%; and WHEREAS, due to (i) the fact that neither the City nor Angel Brothers Enterprises, Ltd., is responsible for the delay and (ii) the fact that after the reduction of retainage, the City will still have with sufficient retainage to cover any deficiencies that may be discovered before final acceptance of the Project, the City Council believes that such request should be granted; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council hereby authorizes a partial release of retainage in the amount of THREE HUNDRED FIFTY -FOUR THOUSAND SEVEN HUNDRED EIGHTY -FIVE AND 92/100 DOLLARS ($354,785.92) to Angel Brothers Enterprises, Ltd., for the Baker Road Expansion Project. Section 2: This ordinance shall take effect immediately fro7,aO after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vot of the City Council of the City of Baytown this the 12th day of February, 2015. A ST: E ICIA BRYSH, City erk APPROVED AS TO FORM: ACIO RAMIREZ, SR., City to y H. DONCARLOS, Mayor 6��s.; ....��ryN O� :o •� 066.. R:%Karen\FileslCity Council ''Ordinances\2015\February 12\PartialReleaseofRetainage4BakerRoadExpansionProject .doc