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Ordinance No. 10,108ORDINANCE NO. 10,108 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE IMPROVEMENTS ASSOCIATED WITH THE 2001 STREET BOND PROJECT - PHASE II; AUTHORIZING FINAL PAYMENT OF THE SUM OF ONE HUNDRED NINETY -THREE THOUSAND SEVENTY -FOUR AND 14/100 DOLLARS ($193,074.14) TO D & W CONTRACTORS, INC., FOR SAID PROJECT; 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 Il (the "Project "); 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 2001 Street Bond Project - Phase II 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 improvements as constructed and completed by Contractor; and WHEREAS, there remains due and owing to D & W Contractors, Inc., the sum of ONE HUNDRED NINETY -THREE THOUSAND SEVENTY -FOUR AND 14/100 DOLLARS ($193,074.14); 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 2001 Street Bond Project - Phase 11, and finds and determines that all 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's Engineer and certified to the City Council is hereby accepted and received. Section 3: Section 4: That final payment to D & W Contractors, Inc., in the amount of ONE HUNDRED NINETY -THREE THOUSAND SEVENTY -FOUR AND 14/100 DOLLARS ($193,074.14) 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 affirnlative vote of the City Council of the City of Baytown this the 281h day of July, 2005. ATTEST: GXRV W. SMITI-I, City Clerk APPROVED AS TO FORM: /'00zt ACIO RAMIREZ, SR., Ci ttorney t, CALVIN MUNDINGER, Ma r 0 RAKaren\Files \City CounciROrdinances\2005Vuly 28\Acccpt &Fina1Pay2001 StreetBondProjectPhascll.doc