Ordinance No. 1,718ORDINANCE NO.1718
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
FINDING THAT THE CONSTRUCTION OF SEWERS FOR BAKER-DECKER AND
SPORTS COMPLEX AREA,JOB NO.44A,CONTRACT NO.7,ARE SUBSTAN
TIALLY COMPLETED IN ACCORDANCE WITH THE TERMS OF THE CONTRACT;
ACCEPTING THE ENGINEERS'CERTIFICATE OF SUBSTANTIAL COMPLETION;
AUTHORIZING PAYMENT TO WHITELAK,INC.OF THE CONTRACT AMOUNT
LESS TWO THOUSAND AND NO/100 ($2,000.00)DOLLARS RETAINAGE TO
INSURE PROPER INSTALLATION OFA VENT FAN FOR LYNCHBURG ROADLIFT
STATION;AUTHORIZING PAYMENT OF SAID RETAINAGE UPON CERTIFICATION
BY THE ENGINEERS THAT SAID FAN HAS BEEN PROPERLY INSTALLED;AND
PROVIDING FOR THEEFFECTIVE DATE HEREOF.
WHEREAS,the City of Baytown contracted with Whitelak,Inc.forthe construction
of sewers for Baker-Decker and Sports Complex Area,Job No.44A,Contract No.7;and
WHEREAS,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 substantially completed in accordance with 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 conditionally approved
and accepted said work and improvements and have heretofore issued their Certificate
of Substantial Completion and have certified same to the City Council and have rec-
commended that it conditionally accept and receive said work and improvements as
constructed and substantially completed by the said Whitelak,Inc.;and
WHEREAS,there remains and owing to the said contractor the sum of One Hundred
Three Thousand One Hundred Six and 91/100 ($103,106.91)Dollars,the sum of One
Million Ten Thousand Ninety-Four and 43/100($1,010,094.43)Dollars heretofore
advanced to the contractor in partial payments under the provisions of the 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 conditioned upon satisfactory completion of all unfinished work (in
stallation of a vent fan for Lynchburg Road Lift Station),and hereby finds and de
termines 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.
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Section 2:That the Certificate of Substantial Completion heretofore issued
by the Engineers and certified to the City Council is hereby accepted and received.
Section 3:That payment to the said Uhitelak,Inc.in the amount of One Hundred
Three Thousand One Hundred Six and91/100 ($103,106.91)Dollars less Two Thousand and
No/100 ($2,000.00)Dollars retainage is hereby authorized and directed,and upon
certification by the Engineer that a vent fan for Lynchburg Road Lift Station has
been properly installed,payment ofsaid retainage is hereby authorized and directed.
Section 4:This ordinance shall take effect from and after its passage by the
City Council of the CityofBaytown,Texas.
INTRODUCED,READ and PASSED by the affirmative vote of the City Council of the
City of Baytown,this 26th dayof November >1974.
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ATTEST:
TOMGENTRY,Mayor
EDTJA OLIVER,CityXlerk
APPROVED:
_L rw ex-,c.-'
NEEL RICHARDSON,City Attorney
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