Ordinance No. 10,259ORDINANCE NO. 10,259
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE GINGER CREEK STORM SEWER OUTFALL
PROJECT AND RELEASING THE RETAINAGE TO D &W CONTRACTORS,
INC.; AUTHORIZING FINAL PAYMENT OF THE SUM OF FORTY -FOUR
THOUSAND SEVEN HUNDRED SIXTY -SIX AND 38/100 DOLLARS
($44,766.38) TO FROST CONSTRUCTORS, INC., FOR SAID PROJECT;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
•
WHEREAS, the City of Baytown contracted with D &W Contractors, Inc., for the Ginger
Creek Storm Sewer Outfall Project (the "Project "); and
WHEREAS, all of the said improvements for the Ginger Creek Storm Sewer Outfall
Project, 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 Ginger Creek Storm
Sewer Outfall 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 D &W Contractors, Inc., the sum of
FORTY -FOUR THOUSAND SEVEN HUNDRED SIXTY -SIX AND 38/100 DOLLARS
($44,766.38); 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 concerning the Ginger Creek Storm Sewer Outfall Project, 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
engineer and certified to the City Council is hereby accepted and received.
Section 3: That final payment to D &W Contractors, Inc., in the amount of FORTY -
FOUR THOUSAND SEVEN HUNDRED SIXTY -SIX AND 38/100 DOLLARS ($44,766.38) 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 91h day of February, 2006.
! CALVIN MUNDINGER, Mayo
LORRI COODY, City Clerk
APPROVED M TO FORM:
NACIO RAMIREZ, SR., C& Attorney
iRAKaren \Files \City Counci[\Ordinances\2006\February 9\ GingerCreekStomiSewerProject.doc