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Ordinance No. 1,636ORDINANCE NO.1636f AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, APPROVING ANDACCEPTING CONSTRUCTION OF PHASE II,1971 STREET IMPROVEMENT PROGRAM,BY AUSTIN PAVING COMPANY:FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE;AU THORIZING THE FINAL PAYMENT TO THE SAID AUSTIN PAVING COMPANY SUBJECT TO SATISFACTORY EVIDENCE THAT ALL OBLIGATIONS OWED BY THE CONTRACTOR HAVE BEEN PAID;AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS,the City of Baytown contracted with Austin Paving Company for the construction of Phase II,1971 Street Improvement Program;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,havebeen performed and completed in full accordance with all of the termsand provisions of the aforesaid contract;and WHEREAS,the City Engineer in the manner provided bythe terms of the said contract andthe plansand specifications thereof,has approved and accepted said work and improvements and has heretofore issued his Certificate of Final Acceptance,and has certified same to the City Council and recommended that it accept and receive said work and improvements as constructed and completed by the said Austin Paving Company;and WHEREAS,there remains and owing to the said contractor the sum of Sixteen Thousand Two Hundred Seventy-Two and 33/100 ($16,272.33)Dollars,thesum of Ninety Thousand Four Hundred Sixty and 32/100 ($90,460.32)Dollars heretofore advanced to Contractor in partial payments under the provisions of the said contract;NOW THEREFORE, BEIT 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 said improvements have been 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 City Engineer and certified to the City Council is herebyaccepted and received. Section 3:That final payment to the said Austin Paving Company in the amount of Sixteen Thousand TwoHundred Seventy-Two and 33/100 ($16,272.33) Dollars is hereby authorized and directed subject to satisfactory evidence that all obligations owed by the contractor havebeen paid. Section 4:This ordinance shall take effect from and after its passage bythe 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 8th day of August ,1974. OM GENTRY,Mayor "V ATTEST: EDNA OLIVER,City Clerk APPROVED: NEEL RICHARDSON,City Attorney -2-