Ordinance No. 1,485ORDINANCE NO.1485
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
APPROVING AND ACCEPTING DEVELOPMENT OF WESTWOOD,DUKE HILL AND
TEJAS PARKS;FINDING THAT THEIMPROVEMENTS ARE IN ACCORDANCE
WITH THE TERMS OF THE CONTRACTS;ACCEPTING THE ENGINEERS'CERTI
FICATE OF FINAL ACCEPTANCE,EXCEPT FOR GRADING AND CLEANUP PRO
CEDURES IN ONE AREA OF WESTWOOD PARK;AUTHORIZING THE FINAL
PAYMENT TO THE SAID WOLFE CONSTRUCTION COMPANY;AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
WHEREAS,the City of Baytown contractedwith Wolfe Construction Company
for the development of Westwood,Duke Hill and Tejas Parks in three separate
contracts;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 contracts,except
for grading and cleanup procedures in one area of the Westwood Park for which
there is to be an agreed deduction of One Hundred and No/100 ($100.00)Dollars;
and
WHEREAS,the contracts provided for liquidated damages in the amountof
One Hundred and No/100 ($100.00)Dollarsper calendar dayfor each project in
the event the projects were not completed within the time stipulated in the
contracts for completing the work;and
WHEREAS,the contractor failed to complete the project within the time
stipulated in the contracts,therebeing an overrun of nine days on each of the
three contracts;and
WHEREAS,the Consulting Engineers,in the manner provided by the terms of
the said contracts and the plans and specifications thereof,have approved and
accepted 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 Wolfe Construction Company;and
WHEREAS,there remains due and owing to the said contractor the sum of
Twelve Thousand Five Hundred Forty-Eight and 10/100 ($12,548.10)Dollars,con
sidering deductions of TwoThousand Seven Hundred and No/100 ($2,700.00)Dollars
for liquidated damages,the sum of One Hundred and No/100 ($100.00)Dollars for
grading and cleanupwork in one areaof Westwood Park,andthe sum of One Hundred
Eighteen Thousand One Hundred Seventy-Six and 10/100 ($118,176.10)Dollars here
tofore advanced to the contractor in partial payments under the provisions of the
said contracts;NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN:
Section 1:That the City Council herebyapproves and accepts said work
and improvements,and finds and determines that all of said improvements have
been fully completed as provided in the plans and specifications therefore,
and in full accordance with all of the terns and provisions of the aforesaid
contracts.
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 Wolfe Construction Company in
the amount of Twelve Thousand Five Hundred Forty-Eight and 10/100 ($12,548.10)
Dollars is hereby authorized and directed.
Section4:This ordinance shall take effect from and after its passage
by the City Council of the City of Baytown,Texas.
INTRODUCED,READ and PASSED bythe affirmative vote of the City Council
of the City of Baytown on this25th day of October,1973.
GENTRY,Mayor
ATTEST:
Ct-y-L -t.)
EDNA OLIVER,City Clerk
APPROVED:
NEELBfCHARDSON,City Attorney
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