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Ordinance No. 2,707C� ® 949 -1 ORDINANCE NO. 2707 AN ORDINANCE APPROVING AND ACCEPTING CONSTRUCTION OF A PAVILION AT JENKINS- HOLLAWAY PARK BY HOLZAEPFEL CON- STRUCTION COMPANY, INC.; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CONSULTING ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID HOLZAEPFEL CONSTRUCTION COMPANY, INC.; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. WHEREAS, the City of Baytown contracted with Holzaepf,- Construction Company, Inc. for the construction of a pavilion at Jenkins- Hollaway 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 ac- cordance with all of the terms.and provisions of the afore- said contract; and WHEREAS, the Consulting Engineers in the manner provided by the terms of the said contract and the plans and specifi- cations 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 Holzaepfel Construction Company, Inc.; and WHEREAS, there remains and owing to the said contractor the sum of Four Thousand Seven Hundred Six and 40/100 ($4,706.40) Dollars, the sum of Forty -Two Thousand Three Hundred Fifty - Seven and 60/100 ($42,357.60) 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: 0 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 ac- cordance with all of the terms and provisions of the afore- said 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 Holzaepfel Construction Company, Inc. in the amount of Four Thousand Seven Hundred Six and 40/1.00 ($4,706.40) Dollars is hereby authorized and directed. Section 4: This ordinance shall take effect from and ,1 00 after its passage. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this 9th day of August . 1979. ATTEST: EILEEN P. HALL, City Clerk' APPROVED: 2 SCOTT BOUNDS, City Attorney -2- r MMETT 0. HUTTO, Mayor