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Ordinance No. 7,554951109 -2 ORDINANCE NO. 7554 ® AN ORDINANCE AUTHORIZING FINAL PAYMENT OF THE SUM OF SEVENTY -NINE THOUSAND EIGHT HUNDRED EIGHTY -NINE AND N01100 DOLLARS "($79,889.00) TO FIREMEN- CONSTRUCTION* COMPANY, FOR THE EXPANSION AND RENOVATION OF STERLING MUNICIPAL LIBRARY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the City of Baytown contracted with Firemen Construction Company for the expansion and renovation of Sterling Municipal Library; and WHEREAS, all of the said improvements, as provided in the plans and specifications heretofore prepared by the City's 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's 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 Firemen Construction Company the sum of SEVENTY -NINE THOUSAND EIGHT HUNDRED EIGHTY -NINE AND N01100 DOLLARS ($79,889.00); and WHEREAS, the City is aware of a notice of claim in the amount of $55,709.27 which to date has been unresolved between Winn -Lange Electric, Inc., and Firemen Construction Company for labor and /or materials for the Library expansion project; and WHEREAS, Firemen Construction Company has requested that the final payment be authorized by the City Council of the City of Baytown and that such payment be withheld until such time Firemen Construction Company can provide the City with a written release from Winn -Lange Electric, Inc., which is satisfactory in form and substance to the City Attorney; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section l: 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. 951109 -2a • Section 2: That the Certificate of Final Acceptance heretofore issued by the City's Engineer and certified to the City Council is hereby accepted and received. Section 3 -. 'That - final payment in the' amount of- SEVENTY -NINE THOUSAND EIGHT HUNDRED EIGHTY -NINE AND NO /100 DOLLARS ($79,889.00) is hereby authorized; however, the Director of Finance is hereby ordered to withhold such payment from Firemen Construction Company until all appropriate releases pertaining to the project, including a release from Winn -Lange Electric, Inc., concerning the above - referenced notice of claim, are received and approved in form and substance by the City Attorney. 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 9th day of November, 1995. ( Ge - PETE C. A-LFARO, Mayor ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: t ACIO RAMIREZ, SR., ity Attorney • legal/ council / november /11- 9- 95rtnalPAYsterling