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Ordinance No. 9,880ORDINANCE NO. 9880 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING OHIO STREET AND ASHWOOD DRIVE OUT OF THE 2001 STREET BOND PROJECT - PHASE I AS BEING FINALLY COMPLETE; AUTHORIZING FINAL PAYMENT OF THE SUM OF SIXTEEN THOUSAND THREE HUNDRED TWENTY -NINE AND 96/100 DOLLARS ($16,329.96) FOR SUCH STREETS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the City of Baytown contracted with D & W Contractors, Inc., for the 2001 Street Bond Project - Phase I; and WHEREAS, all of the improvements for Ohio Street and Ashwood Drive out of the 2001 Street Bond Project - Phase I are finally complete in accordance with the plans and specifications heretofore prepared by the City's Engineer and as approved and adopted by the City Council; and WHEREAS, the City's Engineer in the manner provided by the terms of 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 for Ohio Street and Ashwood Drive out of the 2001 Street Bond Project - Phase I and has certified same to the City Council and recommended that it accept and receive said work and improvements as constructed and completed by Contractor; and WHEREAS, there remains due and owing the sum of SIXTEEN THOUSAND THREE HUNDRED TWENTY -NINE AND 96/100 DOLLARS ($16,329.96) for the streets hereinbefore named; 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 Ohio Street and Ashwood Drive out of the 2001 Street Bond Project - Phase I and finds and determines, based upon representations of the City's Engineer, for the project and D & W Contractors, Inc., that all of said improvements pertaining to such streets 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's Engineer and certified to the City Council is hereby accepted and received. Section 3: That final payment in the amount of SIXTEEN THOUSAND THREE HUNDRED TWENTY -NINE AND 96/100 DOLLARS ($16,329.96) is hereby authorized to be • paid. ® 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 September, 2004. CALVIN MUNDINGER, Mayor ATTEST: 6W. SMITH, City Clerk APPROVED AS TO FORM: • F:Ueanene \My Documents \Council \03 -04 \September I st \FinalPayOhioAshwoodStreets.doc 2