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Ordinance No. 1,339ORDINANCE NO. 1339 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING CONSTRUCTION OF ARTERIAL WATER MAINS PRO- JECT NO. 72 -519, CONTRACT NO. 4, BY WHITELAK, INC.; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID WHITELAK, INC.; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, the City of Baytown contracted with Whitelak, Inc., Houston, Texas, for the construction of arterial water mains, Project No. 72 -519, Con- tract No. 4; and WHEREAS, all of the said improvements, as provided for in the plans and specifications heretofore prepared by the Consulting Engineers, 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 Consulting Engineers, in the manner provided by the terms of the said contract and the plans and specifications thereof, have approved and ac- cepted said work and improvements and have heretofore issued their Certificate of Final Acceptance, and have certified same to the City Council and recommended 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 Thirty- Three Thousand Eight Hundred Forty -Five and 81/100 ($33,845.81) Dollars, the sum of Two Hundred Thirty -Eight Thousand Four Hundred Thirty -Five and 29/100 ($238,435.29) 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 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 Engineers 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 Thirty -Three Thousand Eight Hundred Forty -Five and 81/100 ($33,845.81) 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 llth day of January , 1973. C. GLEN WALKER, Mayor ATTEST: S EDNA OLIVER, City Clerk APPROVED: -�j �JL�4� NEEL RIC AR SO , City Attorney -2-