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Ordinance No. 1,098ORDINANCE NO. 1098 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN APPROVING AND ACCEPTING PAVING IMPROVEMENTS ON CERTAIN STREETS COVERED BY THE 1970 STREET IMPROVEMENT PROGRAM MADE BY AUSTIN PAVING COMPANY; FINDING THAT THE IMPROVE- MENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT ACCEPTING THE ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID AUSTIN PAVING COMPANY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, by contract dated August 18, 1970, the City of Baytown contracted with Austin Paving Company, Austin, Texas, for the construction of paving improvements covered by the 1970 Street Improvement Program; and WHEREAS, all of the said improvements, as provided for in the plans and specifications heretofore prepared by the City Engineer, and as approved and adopted by the City Council, have been performed and completed in full accordance with all of the terms and provisions of the aforesaid contract; and WHEREAS, the City Engineer, in the manner provided by the terms of the said contract and the plans and specifications thereof, has approved and accepted said work and improvements and has heretofore issued his Certificate of Final Acceptance, and has certified same to said City Council and recommended that it accept and receive said work and improvements as constructed and completed by the said Austin Paving Company; and WHEREAS, there remains unpaid and owing to the said contractor the sum of SEVEN THOUSAND SEVEN HUNDRED NINETY -SEVEN AND 68/100 ($7,797,68) DOLLARS, the sum of SEVENTY THOUSAND ONE HUNDRED SEVENTY -NINE AND 07/100 ($70,179.07) DOLLARS heretofore been advanced to the contractor in partial payments under the provisions of the said contract; NOW THEREFORE, BAYTOWN : BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF Section 1: That the City Council hereby approves and accepts said work and improvements, and finds and determines that all of the said improvements have been fully completed as provided in the plans and specifications therefor, 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 Engineer and certified to the City Council is hereby accepted and received, Section 3: That final payment to the said Austin Paving Company, in the amount of SEVEN THOUSAND SEVEN HUNDRED NINETY-SEVEN AND 68/100 ($7,797.68) DOLLARS is hereby authorized and directed. Section 4: This ordinance shall take effect from and after its passage by the City Council of the City of Baytown, Texas, INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 27th day of May, 1971, C. GLEN WALKER, Mayor ATTEST: NA OLIVER, City Cler APPROVED: