Ordinance No. 1,441ORDINANCE NO.1441
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
FINDING THAT THE CONSTRUCTION OF A MUNICIPAL FACILITY FOR BAYTOWN
(POLICE AND COURTS BUILDING)IS SUBSTANTIALLY COMPLETED IN ACCORDANCE
WITH THE TERMS OF THE CONTRACT;ACCEPTING THE ARCHITECT'S CERTIFICATE
OF SUBSTANTIAL COMPLETION;AUTHORIZING THE PAYMENT TO VAN CLEVE CON
STRUCTION COMPANY OFA SUM SUFFICIENT TO INCREASE TOTAL PAYMENT TO
ONE HUNDRED (100%)PERCENT OF THE CONTRACT SUM,LESS RETAINAGES
SPECIFIED BY THE ARCHITECT FORALL INCOMPLETE WORK AND UNSETTLED
CLAIMS AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
WHEREAS,the City of Baytown contracted with Van Cleve Construction
Company for the construction of a municipal facility (Police and Courts Building);
and
WHEREAS,the said improvements,as provided for in the plans and
specifications heretofore prepared by the Consulting Architect,and as approved
and adopted by the City Council,havebeen substantially completed in accordance
with the terms and provisions of the aforesaid contract;and
WHEREAS,the Consulting Architect in the manner provided by the terms
of the said contract and the plans and specifications thereof,has conditionally
approved and accepted said work and improvements and has heretofore issued
his Certificate of Substantial Completion and has certified same to the City
Council and recommended that it conditionally accept and receive said work
and improvements as constructed and substantially completed bythe said Van
Cleve Construction Company;and
WHEREAS,there remains and owing to the said contractor the sum of Forty-
Nine Thousand Nine Hundred Forty-Seven and 47/100 ($49,947.47)
Dollars,the sum of Four Hundred Forty-Nine Thousand Five Hundred Twenty-Seven and
20/100 ($449,527.20)Dollars heretofore advanced tothe contractor
in partial payments under the provisions of the contract;and
WHEREAS,the Consulting Architect has determined that certain items of work
remain to be completed or corrected and that a retainage in the amount of
One Thousand and No/IQO ($1,000.00)
Dollars is sufficient to cover all uncompleted work and unsettled claims;NOW
THEREFORE,
BEIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1:That the City Council hereby approves and acceptssaid
work and improvements conditioned upon satisfactory completion of all unfinished
work and correctionof any discrepancies noted by the Architect,and hereby
finds and determines that the said improvements have been substantially completed
as provided in the plans and specifications therefore,and in accordance with
the terms and provisions of the aforesaid contract.
Section 2:That the Certificate of Substantial Completion heretofore
issued bythe Consulting Architect and certified to the City Council is hereby
accepted and received.
Section 3:That payment to the said Van Cleve Construction Company in the
amount of Forty-Eight Thousand Nine Hundred Forty-Seven and 47/100
($48,947.47)Dollars is 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 voteof the City Council of
the City of Baytown,this 17th day of July ,1973.
TOM GENTRY,Mayor
ATTEST:
EDNA OLIVER,City Clerk
APPROVED:
NEEL RICHARDSON,City Attorney
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