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Ordinance No. 2,1477196 ORDINANCE NO. 2147 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, FINDING THAT THE CONSTRUCTION OF EAST HUNNICUTT DRAINAGE IMPROVEMENTS IS SUBSTANTIALLY COMPLETED IN ACCORDANCE WITH CERTIFICATE OF SUBSTANTIAL COMPLETION; AUTHORIZING THE PAYMENT TO R. T. BISHOP CONSTRUCTION COMPANY OF A SUM SUFFICIENT TO INCREASE TOTAL PAYMENT TO ONE HUNDRED (100 %) PER CENT OF THE CONTRACT SUP., 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 R. T. Bishop Construction Company for the construction of East Hunnicutt Drainage Improvements; 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 manner provided by the terms of the said contract and the plans and spec- ifications thereof, has conditionally approved and accepted said work and improvements and has heretofore issued his Certificate of Substantial Completion and has certified same to the City Council and recommended that it conditionally accept and receive said work and improvements as constructed and substantially completed by the said R. T. Bishop Con- struction Company; and WHEREAS, there remains and owing to the said contractor the sum of Thirty -Nine Thousand Six Hundred Fifty -Five and 98/100 ($39,655.98) Dollars, the sum of Four Hundred Fifty - Four Thousand Five Hundred Thirty -Two and 31/100 ($454,532.31) Dollars heretofore advanced to the contractor in partial payments under the provisions of the contract; and 7197 WHEREAS, the Consulting Engineer has determined that certain items of work remain to be completed or corrected and that a retainage in the amount of One Thousand and No /100 ($1,000.00) Dollars is sufficient to cover all incompleted work and unsettled claims; 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 satis- factory 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 R. T. Bishop Construction Company in the amount of Thirty -Eight Thousand Six Hundred Fifty -Five and 98/100 ($38,655.98) 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 the City of Baytown this 21st day of December 1976. T_0M GENTRY, Mayor ATTEST: EILEEN P. HALL, City Clerk APPROVED: NEE ICHARDSON, City Attorney -2-