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Ordinance No. 12,894ORDINANCE NO. 12,894 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE CDBG NON - HOUSING WASTEWATER TREATMENT PLANT OFF - SITE LIFT STATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF THREE HUNDRED EIGHTY THOUSAND ONE HUNDRED SIXTY -FIVE AND 63/100 DOLLARS ($380,165.63) TO LEM CONSTRUCTION CO., INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. *********************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** WHEREAS, the City of Baytown contracted with LEM Construction Co., Inc., for the CDBG Non - Housing Wastewater Treatment Plant Off -Site Lift Station Project (the "Project "); and WHEREAS, all of the said improvements, as provided in the plans and specifications heretofore prepared by the City's engineer and as approved and adopted by the City Council have been performed and completed in full accordance with all of the terms and conditions of the aforesaid contract; and WHEREAS, the City's engineer in the manner provided by the terms of the said contract and the plans and specifications thereof, has approved and accepted the CDBG Non - Housing Wastewater Treatment Plant Off -Site Lift Station Project, has heretofore issued his Certificate of Final Acceptance, has certified same to the City Council, and has recommended that it accept and receive said work and improvements as constructed and completed by Contractor; and WHEREAS, there remains due and owing to LEM Construction Co., Inc., the sum of THREE HUNDRED EIGHTY THOUSAND ONE HUNDRED SIXTY -FIVE AND 63./100 DOLLARS ($380,165.63); NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council hereby accepts and approves the above - described work and improvements, and finds and determines that all of said improvements have been completed as provided in the plans and specifications thereof, and in full accordance with all of the terms and provisions of the aforesaid contract. Section 2: That the Certificate of Final Acceptance heretofore issued by the City's engineer and certified to the City Council is hereby accepted and received. Section 3: That final payment to LEM Construction Co., Inc., in the amount of THREE HUNDRED EIGHTY THOUSAND ONE HUNDRED SIXTY -FIVE AND 63/100 DOLLARS ($380,165.63) is hereby authorized. Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote -r the Citecil of the City of Baytown this the 9"' day of July, 2015. /7 ATT A_A,ok ETICIA BRYSCH, Ci lerk APPROVED AS TO FORM: 457,e e� IDe Cid'NACIO RAMIREZ, SR., it Att rney 11,cobfs0 V.legal "-.Karen`•.Files%City CounciPArdinances\2015Vuly TERRY ep►YTO�y 0 "N CO OF'�P ect.doc