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Ordinance No. 1,277ORDINANCE NO. 1277 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING CONSTRUCTION OF ARTERIAL WATER MAINS BY WHITELAK, INC., FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEER'S CERTI- FICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID WHITELAK, INC.; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, by contract dated April 3, 1972, the City of Baytown, con- tracted with Whitelak, Inc., Houston, Texas, for the construction of arterial water mains; 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 recom- mended that it accept and receive said work and improvements as constructed and completed by the said Whitelak, Inc.; and WHEREAS, there remains and owing to the said contractor the sum of Forty -Eight Thousand Seven Hundred Twenty -Eight and 45/100 ($48,728.45) Dollars, the sum of Three Hundred Seventy -Five Thousand Two Hundred Eight -Six and 10/100 ($375,286.10) Dollars heretofore advanced to the contractor in partial payments under the provisions 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 improve- ments 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. 1 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 Whitelak, Inc. in the amount of Forty -Eight Thousand Seven Hundred Twenty -Eight and 45/100 ($48,728.45) 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 28th day of September , 1972. G� ,I C. GLEN WALKER, Mayor ATTEST: EDNA OLIVER, City Clerk APPROVED: woll 4.1 r NEEL RICIfAR90N, City Attorney -2-