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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