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Ordinance No. 2,0436840 ORDINANCE NO.2043 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,APPROVING AND ACCEPTING DEVELOPMENT OF BAYTOWN BICENTENNIAL PARK BY PAYTON CONSTRUCTION COMPANY; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT;ACCEPTING THE ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE;AUTHORIZING THE FINAL PAYMENT TO THE SAID PAYTON CONSTRUCTION COMPANY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS,the City of Baytown contracted with Payton Construction Company for the development of Baytown Bicenten nial Park;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 accordance with all of the terms and provisions of the aforesaid contract;and WHEREAS,the Consulting Engineers in the mannerprovided by the terms of the said contract andthe plans and specifi cations thereof,have approved and accepted said work and improvements and have heretofore issuedtheir Certificate of FinalAcceptance,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 Payton Construction Company;and WHEREAS,there remains and owing to the said contractor the sum of Five Hundred and No/100 ($500.00)Dollars,the sum of One Hundred Twenty-ThreeThousand Two HundredNinety- Seven and 60/100 ($123,297.60)Dollars heretofore advanced to contractor in partial payments under the provisions of the said contract;NOW THEREFORE, 6841 BEIT 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 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 Consulting Engineers and certified f^to the City Council is hereby accepted and received. Section 3:That final payment to the said Payton Construction Company in theamount of Five Hundred and No/100 ($500.00)Dollars is hereby 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 the City of Baytown this 8thday of July 1976. TOM GENTRY',Mayor ATTEST: EILEEN P.HALL,City Clerk APPROVED: ARDSON,City Attorney -2-