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Ordinance No. 1,797ORDINANCE NO.1797 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,APPROVING ANDACCEPTING CONSTRUCTION OF THE DOWNTOWN IMPROVEMENT PROJECT ON TEXAS AVENUE BY WARREN BROTHERS COMPANY,GULF DISTRICT,DIVISION OF ASHLAND OIL INC.;FINDING THAT THE IMPROVEMENTSARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT;ACCEPTING THECITY ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE;AUTHORIZING THE FINAL PAYMENT TOTHE SAID WARREN BROTHERS COMPANY,GULF DISTRICT,DIVISION OF ASHLAND OIL INC.AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS,the City of Baytown contracted with Warren Brothers Company,Gulf District,Division of Ashland Oil Inc.forthe construction of the Downtown Improvement Project on Texas Avenue;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,have been performed and completed in full accordance with all of thetermsand 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 FinalAcceptance, andhas certified same tothe City Council and recommended that it accept and receive said work and improvements as constructed and completed by the said Warren Brothers Company, Division of Ashland Oil Inc.;and WHEREAS,there remains and owing to the said contractor the sum Of FIVE THOUSAND FOUR HUNDRED THREE AND 74/100 ($5,403.74)DOLLARS,the sum of FORTY-FOUR THOUSAND FOUR HUNDRED SEVENTY-FIVEAND 70/100 ($44,475.70)DOLLARS heretofore advanced to Contractor in partial payments under the provisions of the said contract;NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: 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 plansand specifications therefore,and in full ac cordance with all of the terms and provisions of the aforesaid contract. Section 2:That the Certificate of Final Acceptance heretoforeissued bythe City Engineer and certified to the City Council is hereby accepted and received. Section 3:That final payment to the said Warren Brothers Company,Gulf District,Division of Ashland Oil Inc.in the amount of FIVE THOUSAND FOUR HUNDRED THREE AND 74/100 ($5,403.74) DOLLARS is hereby authorized and directed. Section 4:This ordinance shall take effect from and after its passage by theCity Council of the City of Baytown, Texas. INTRODUCED,READ and PASSED by the affirmative vote of the City Council of the City of Baytown this22nd day of May 1975. TOM GENTRY,Mayor ATTEST: EDNA OLIVER,City Clerk APPROVED: NEEL RIOHARDSON,City Attorney -2-