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Ordinance No. 1,378ORDINANCE NO. 1378 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING PAVING IMPROVEMENTS ON CERTAIN STREETS COVERED IN PHASE I, 1972 STREET IMPROVEMENT PROGRAM MADE BY BROWN & ROOT, INC.; FINDING THAT THE IMPROVEMENTS ARE IN AC- CORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID BROWN & ROOT, INC.; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, the City of Baytown contracted with Brown & Root, Inc. for the construction of paving improvements covered by Phase 1, 1972 Street Improvement Program; and WHEREAS, all of the said improvements, as provided for in plans and speci- fications 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 recommended that it accept and receive said work and improvements as constructed and completed by the said Brown & Root, Inc.; and WHEREAS, there remains unpaid and owing to the said contractor the sum of Ten Thousand Seven Hundred Fifty -Seven and 48/100 ($10,757.48) Dollars, the sum of Ninety -Six Thousand Eight Hundred Seventeen and 35/100 ($96,817.35) Dollars heretofore having been advanced to the contractor in partial payments under the provisions of 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 re- ceived. Section 3: That final payment to the said Brown & Root, Inc. in the amount of Ten Thousand Seven Hundred Fifty -Seven and 48/100 ($10,757.48) 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 ATTEST : 8th day of March L� C. GLEN WALKER, Mayor EDNA OLIVER, City Clerk APPROVED: NEEL RICH RD ON, City Attorney -2- 1973.