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Ordinance No. 2,444la ORDINANCE NO. 2444 80413 -4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING CONSTRUCTION OF THE BAYWAY DRIVE ARTERIAL WATER MAIN, PHASE II BY UTILITY CONTRACTORS, INC. D /B /A U. C. OF TEXAS, INC.; FINDING THAT THE WORK HAS BEEN PERFORMED IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CONSULTING ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID UTILITY CONTRACTORS, INC. D /B /A U. C. OF TEXAS, INC.; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, the City of Baytown contracted with Utility Contractors, Inc. d /b /a U. C. of Texas, Inc. for the construc- tion of the Bayway Drive arterial water main, Phase II; 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 manner provided by the terms of the said contract and the plans and specifications thereof, have approved and accepted said work and improvements and have heretofore issued their Certificate of Final Acceptance, 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 Utility Contractors, Inc. d /b /a U. C. of Texas, Inc.; and WHEREAS, there remains and owing to the said contractor the sum of Seventy -One Thousand Eight Hundred Seventy -Five and 46/100 ($71,875.46) Dollars, the sum of Three Hundred Ninety -Three Thousand Five Hundred Eighty -Four and 40 /100 ($393,584.40) Dollars heretofore advanced to contractor in partial payments under the provisions of the said contract; NOW THEREFORE, 80413 -4a 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 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 to the City Council is hereby accepted and received. Section 3: That final payment to the said Utility Contractors, Inc. d /b /a U. C. of Texas, Inc. in the amount of Seventy -One Thousand Eight Hundred Seventy -Five and 46/100 ($71,875.46) 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 13th day of April , 1978. ATTEST: E LEEN P. HALL, City Clerk APPROVED: SCOTT BOUNDS, City Attorney AK'A'a's a6gri2DW EMMETT 0. HUTT�, Mayor -2-