Ordinance No. 1,272ORDINANCE NO. 1272
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING AND ACCEPTING CONSTRUCTION OF ARTERIAL
WATER MAINS, JOB NO. 70 -500, BY ASSOCIATED CONSTRUCTION
SERVICES, INC., FINDING THAT THE IMPROVEMENTS ARE IN AC-
CORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE
ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING
PAYMENT TO ASSOCIATED CONSTRUCTION! SERVICES, INC. OF
TWENTY -SEVEN THOUSAND SEVEN HUNDRED FORTY -TWO AND 28/100
($27,742.28) DOLLARS AND THE REMAINING BALANCE OF TEN
THOUSAND SIX HUNDRED THIRTY -NINE AND 50/100 ($10,639.50)
TO BE PAID UPON APPROVAL OF A BOND OF DOUBLE THAT AMOUNT
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
WHEREAS, by contract dated August 30, 1972, the City of Baytown, Texas,
contracted with Associated Construction Services, Inc. for the construction of
arterial water main, Job No. 70 -500; and
WHEREAS, all of the said improvements, as provided for in the plans
and specifications heretofore prepared by the Consulting 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, all of the said improvements, as provided for in the plans
and specifications heretofore prepared by the Consulting 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 Consulting 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 Associated Construction Services, Inc.; and
WHEREAS, there remains unpaid and owing to the said contractor the sum
of Thirty -Eight Thousand Three Hundred Eighty -One and 78/100 ($38,381.78) Dollars,
the sum of One Hundred Forty -Six Thousand Seven Hundred Twelve and 72/100 ($146,712.72
Dollars heretofore advanced to the contractor in partial payments under the provisions
of the said contract; and
WHEREAS, there is a dispute between said contractor and Armco Steel,
a subcontractor, over a claim for materials and for labor in the amount of Ten
Thousand Six Hundred Thirty -Nine and 50/100 ($10,639.50) Dollars, of which the
City of Baytown is on notice; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section l: 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 Consulting Engineer and certified to the City Council is hereby accepted
and received.
Section 3: That payment of Twenty -Seven Thousand Seven Hundred Forty-
Two and 28/100 ($27,742.28) Dollars to Associated Construction Services, Inc.
is hereby authorized and directed and payment of Ten Thousand Six Hundred Thirty -
Nine and 50/100 ($10,639.50) Dollars is hereby authorized and directed upon approval
by the City Attorney of a bond in double that amount.
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, on the 5th day of September, 1972.
� 7
C. GLEN WALKER, Mayor
ATTEST:
J
au�
EDNA OLIVER, City Clerk
APPROVED:
NE EL RICH RDS I, Ci y Attorney
-2-
STATE OF TEXAS
COUNTY OF 11 RM
KNEW ALL MEN BY THESE PRESENTS: That Associated Construction Services,
Inc. of the City of H ust n County of Har i
and State of Texas , as principal, and
Highlands
Insurance C= any'
authorized
under the
laws
_
of the State of Texas to
act as surety on
bonds for principals,
are held
and
firmly bound unto Armco Steel Corporation (Claimant), in the penal sum of
Twenty -One Thousand Two Hundred Seventy -Nine and No /100 ($21,279.00) Dollars
for the payment whereof, the said Principal and Surety bind themselves and their
heirs, administrators, executors, successors and assigns, jointly and severally,
by these presents:
WHEREAS, Armco Steel* Corporation (Claimant) has attempted to fix a
lien on funds due or to become due Associated Construction Services, Inc.
N0W THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that the
said Principal shall pay Armco Steel Corporation, a claimant, supplying labor
and material to him or a subcontractor in the prosecution of the work provided
for in a contract with the City of Baytown, the amount of the claim or claims
of Armco Steel Corporation, or such portion thereof as may be proved to have
been liens.
IN WITNESS WHEREOF, the said Principal and Surety have signed and
sealed this instrument this 4th day of Septemher , 1972.
ASSOCIATED CONSTRUCTION SERVICES, INC. HIGI3I ANDS INSUPANCE COMPA'N
Principal a v
09, By y BY
en ke
Title AALVe A'2dVr Title Attorney- in -Fact -
Address 1 V G �tJ6 Doe
{�oy f o.y ,7�`'
Address_ 5005 Woodway _ cust�Texas 77027
The name and address of the Resident Agent of Surety is:
OBrion, Russell & Company
5005 I�Toodway
Houston, Texas 77027