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Ordinance No. 6,971940414 -3 ORDINANCE NO. 6971 AN ORDINANCE AUTHORIZING FINAL PAYMENT OF THE SUM OF TEN • THOUSAND ONE HUNDRED SIXTY -SIX AND 78/100 DOLLARS ($10,166.78) TO EMSCO CONSTRUCTION, INC. FOR THE GARTH ROAD SIDEWALK PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the City of Baytown contracted with EMSCO Construction, Inc. for the Garth Road Sidewalk Project; 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, Channel Equipment Company, Inc., a subcontractor of EMSCO Construction, Inc., has an outstanding invoice, dated January 14, 1994, which remains to be paid; and WHEREAS, there remains due and owing to EMSCO Construction, Inc. the sum of TEN THOUSAND ONE HUNDRED SIXTY -SIX AND 78/100 DOLLARS ($10,166.78); and WHEREAS, EMSCO Construction, Inc. has requested that final payment be authorized in the form of a check issued to both EMSCO Construction, Inc. and Channel Equipment Company, Inc. in order that the outstanding claim can be settled; 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 issued by the City Engineer and certified to the City Council is hereby accepted and received. • Section 3: That final payment to EMSCO Construction, Inc. in the amount of TEN THOUSAND ONE HUNDRED SIXTY -SIX AND 78/100 DOLLARS ($10,166.78) is hereby authorized in the form of a check made payable to EMSCO Construction, Inc. and Channel Equipment Company, Inc. pursuant to EMSCO Construction, Inc.'s request. 940414 -3a • 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 14th day of April, 1994. _A,& C .., PETE C. ALFARO, Mayor ATTEST: EILEEN P-.,-,HALL, ity Clerk ACI �RAMIRi/E�Z,- SR., ty At orney • lepUcam W4- 14 -94Sw* E