Ordinance No. 2,0386832
ORDINANCE NO.2038
AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OFBAYTOWN,
TEXAS,FINDING THAT THE DEVELOPMENT OF BAYTOWN BICENTEN
NIAL PARK IS SUBSTANTIALLY COMPLETED IN ACCORDANCE WITH
THE TERMS OF THE CONTRACT;ACCEPTING THE ENGINEER'S
CERTIFICATE OF SUBSTANTIAL COMPLETION;AUTHORIZING THE
PAYMENT TO PAYTON CONSTRUCTION COMPANY OF A SUM SUFFICIENT
TO INCREASE TOTAL PAYMENT TO ONE HUNDRED (100%)PERCENT
OFTHE CONTRACT SUM,LESS RETAINAGES SPECIFIED BY THE
ENGINEER FOR ALL INCOMPLETE WORK AND UNSETTLED CLAIMS
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
WHEREAS,the City of Baytown contracted with Payton
Construction Company for the development of Baytown Bicen
tennial Park;and
WHEREAS,the said construction,as provided for in the
plans and specifications heretofore prepared by the Consulting
Engineer,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 Engineer in the mannerprovided
by the terms of the said contract andthe plans and specifi
cations thereof,has conditionally approved and accepted
said work and improvements and has heretofore issued his
Certificate of Substantial Completion andhas 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 Payton Construction
Company;and
WHEREAS,there remains and owing to the said contractor
the sum of One Hundred Twenty-Three Thousand Seven Hundred
Ninety-Seven and 60/100 ($123,797.60)Dollars,the sum of
One Hundred Four Thousand Nine Hundred Ninety-Nine and
91/100 ($104,999.91)Dollars heretofore advanced to the
contractor in partial payments under the provisions of the
contract;and
6833
WHEREAS,the Consulting Engineer has determined that
certain items of work remain to be completed or corrected
and that a retainage in theamount of Five Hundred and
No/100 ($500.00)Dollars is sufficient to cover all incom-
pleted work and unsettled claims;NOW THEREFORE,
BE IT ORDAINED BYTHE 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 and correction of any
discrepancies noted by the Engineer,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 by the Consulting Engineer and certified
to the City Council is hereby accepted and received.
Section 3:That payment to the said Payton Construction
Company in the amount of Eighteen Thousand Two Hundred
Ninety-Seven and 69/100 ($18,297.69)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 vote of
the City Council of theCity of Baytown this 24th day
of June 1976.
TOM GENTRY;Mayor
ATTEST:
EILEEN P.HALL,City Clerk
APPROVED:
NEEL RLCHARDSON,City Attorney
-2-
•"i ';'■{'■
<"■jo'rrr"oc <■::?o;-.frx ^PtOT ;f'rov n c/•;
In
'TO y-TTO 'CHT "ii'O'-JJOT-'uOO "^?TD :0'T "H .ar
*■"'rf\'r~;
Jxi-rroo s:!-iir'.-.-!(-->v<-i'X'7rfx bn/!
n nox.-J;nS.q:::
;:;£.o t T vrf
";o
'??o
"'°i'T to
"o
n-n 7*To Ixo
■..-—
J
fi^^