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Ordinance No. 1,262E ORDINANCE NO. 1262 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN APPROVING AND ACCEPTING CONSTRUCTION OF ARTERIAL WATER MAINS BY BAYSHORE CONSTRUCTORS, INC., FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID BAYSHORE CONSTRUCTORS, INC.; AND PROVIDING FOR THE EF- FECTIVE DATE HEREOF. WHEREAS, by contract dated October 21, 1971, the City of Baytown, con- tracted with Bayshore Constructors, Inc., Baytown, Texas, for the construction of arterial water mains; and WHEREAS, pursuant to the terms of said contract an extension to this contract was granted on November 23, 1971 to include within this contract the laying of 3300 feet of line across the Hance Busch property which was deleted from a 1965 -70 bond program contract be cause of uncertainties of the Spur 201 right -of -way location; 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, together with the improvements, as provided for in the contract extension, as approved by the City Council, have been performed and completed in full accordance with all 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 Bayshore Constructors, Inc; and WHEREAS, there remains unpaid and owing to the said contractor for the work performed pursuant to the original contract and the extension thereof the sum of Thirty Thousand Six Hundred Forty -Seven and 06/100 ($30,647.06) Dollars, the sum of Ninety Thousand Four Hundred Fifty -Six and 41/100 ($90,456.41) Dollars heretofore advanced to the contractor in partial payments under the provisions of the said contract and extension; 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 therefore, 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 Dayshore Constructors, Inc., in the amount of Thirty Thousand Six Hundred Forty -Seven and 06 /100 ($30,647.06) 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 lst day of August , 1972. C. GLEN WALKER, Mayor ATTEST: EDNA OLIVER, City Clerk APPROVED: NEEL RI HARDSON, City Attorney -2-