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Ordinance No. 1,239ORDINANCE NO. 1239 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN APPROVING AND ACCEPTING PAVING IMPROVEMENTS ON CERTAIN STREETS COVERED IN PHASE I, 1971 STREET IMPROVEMENT PRO- GRAM MADE BY WARREN BROTHERS COMPANY, GULF DISTRICT, DIVISION OF ASHLAND OIL, INC.; 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 WARREN BROTHERS COMPANY, GULF DISTRICT, DIVISION OF ASHLAND OIL, INC.; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, by contract dated July 20, 1971, the City of Baytown contracted with Warren Brothers Company, Gulf District, Division of Ashland Oil, Inc., for the construction of paving improvements covered by Phase I, 1971 Street Improvement Program; and WHEREAS, all of the said improvements, as provided for in 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 ac- cordance 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 com- pleted by the said Warren Brothers Company, Gulf District, Division of Ashland Oil, Inc.; and WHEREAS, there remains unpaid and owing to the said contractor the sum of Twenty -Three Thousand Sixty -One and 10 /100 ($23,061.10) Dollars, the sum of Ninety -Seven Thousand Eight Hundred Nine and 15/100 ($97,809.15) Dollars heretofore been advanced to the contractor in partial payments under the pro- visions of the said contract; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: 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 Warren Brothers Company, Gulf District, Division of Ashland Oil, Inc., in the amount of Twenty -Three Thousand Sixty -One and 10 /100 ($23,061.10) 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 20th day of June 1972. C. Glen Walker, Mayor ATTEST: f EDNA OLIVER, City Clerk APPROVED: NEEL RICHA DSON, City Attorney -2-