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Ordinance No. 10,110ORDINANCE NO. 10,110 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, ® TEXAS, ACCEPTING THE BICENTENNIAL PARK OPEN AIR THEATER REPAIRS AND UPGRADE PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF FOUR THOUSAND EIGHT HUNDRED FORTY -FOUR AND 70/100 DOLLARS ($4,844.70) TO L & M CONSTRUCTION, INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the City of Baytown contracted with L & M Construction, Inc., for the Bicentennial Park Open Air Theater Repairs and Upgrade Project (the "Project "); and WHEREAS, all of the said improvements, as provided in the plans and specifications heretofore prepared by the City's architect 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 architect in the manner provided by the terms of the said contract and the plans and specifications thereof, has approved and accepted the Bicentennial Park Open Air Theater Repairs and Upgrade Project 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 L & M Construction, Inc., the sum of FOUR THOUSAND EIGHT HUNDRED FORTY -FOUR AND 70/100 DOLLARS ($4,844.70); 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's architect and certified to the City Council is hereby accepted and received. Section 3: That final payment to L & M Construction, Inc., in the amount of FOUR THOUSAND EIGHT HUNDRED FORTY -FOUR AND 70/100 DOLLARS ($4,844.70) 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 affirmative vote of the City Council of the City of Baytown this the 28th day of July, 2005. CALVIN MUNDINGER, r ATTEST: G W. SMITH, City Clerk APPROVED AS TO FORM: NACIO RAMIREZ, SR., Lhty Attorney 0 RAKaren \Files \City Council\Ordinances\2005Uuly 28\ Final Pay4Bicentennial parkOpenAirTheaterRepairs &UpgradeProjecL.doe