Ordinance No. 6,9130
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ORDINANCE NO. 6913
AN ORDINANCE AUTHORIZING FINAL PAYMENT OF THE SUN OF
SEVENTEEN THOUSAND EIGHT HUNDRED FIFTY -FOUR AND 89/100
DOLLARS ($17,854.89) TO UNIVERSAL SURETY OF AMERICA ON
BEHALF OF EMSCO CONSTRUCTION, INC. FOR THE WATER SYSTEM
IMPROVEMENTS SOUTHWEST ADDITION; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
WHEREAS, the City of Baytown contracted with Emsco
Construction, Inc. for the Water System Improvements Southwest
Addition; and
WHEREAS, all of the said improvements, as provided in the
plans and specifications heretofore prepared by the City Engineer
and as approved and adopted by the City Council have been
performed and completed in full accordance with all of the terms
and conditions of the aforesaid contract; and
WHEREAS, the City Engineer in the manner provided by the
terms of the said contract and the plans and specifications
thereof, has approved and accepted the work and improvements and
has heretofore issued his Certificate of Final Acceptance and has
certified same to the City Council and recommended that it accept
and receive said work and improvement as constructed and completed
by Contractor; and
WHEREAS, there remains due and owing to Emsco Construction,
Inc. the sum of SEVENTEEN THOUSAND EIGHT HUNDRED FIFTY -FOUR AND
89/100 DOLLARS ($17,854.89); and
WHEREAS, Universal Surety of America is the surety for Emsco
Construction, Inc., for said project, having issued bonds to the
City of Baytown, as obligee, on behalf of Emsco Construction, Inc.,
as principal; and
WHEREAS, Universal Surety of America has exercised it's
rights, as surety and as provided by the Agreement of Indemnity, to
have the balance of contract payments tendered directly to it; NOW
THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council hereby accepts and approves
the above described work and improvements, and finds and determines
that all of said improvements have been completed as provided in
the plans and specifications thereof, and in full accordance with
all of the terms and provisions of the aforesaid contract.
Section 2: That the Certificate of Final Acceptance heretofore
i issued by the City Engineer and certified to the City Council is
hereby accepted and received.
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• Section 3: That final payment to Universal Surety of America
on behalf of Emsco Construction, Inc. in the amount of SEVENTEEN
THOUSAND EIGHT HUNDRED FIFTY -FOUR AND 89/100 DOLLARS ($17,854.89)
is hereby authorized.
Section 4: This ordinance shall take effect immediately from
and after its passage by the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown this the 27th day of January,
1994.
'd z P. �('C'�'r'v-
PETE C. AL O, Mayor
ATTEST:
LEEN P. , City Clerk
ACIO RAMI Z, S City Attorney
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