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Ordinance No. 10,327ORDINANCE NO. 10,327 AWn, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE 2005 ANNUAL MILL AND OVERLAY PROJECT_; AUTHORIZING FINAL PAYMENT OF THE SUM OF SIX 14UNDREO FORTY -ONE THOUSAND NINETY -NINE AND 39/100 DOLLARS (S641-099-39) TO ANGEL BROTHERS ENTERPRISES, LTD, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WFIEREAS, the City of Baytown contracted with Angel Brothers Enterprises, LTD, for the 2005 Annual Mill and Overlay Project (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 WTMREAS, 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 2005 Annual Mill and Overlay 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 Angel Brothers Enterprises, LTD. the sum of SIX HUNDRED FORTY -ONE THOUSAND NINETY -NINE AND 39/100 DOLLARS (S641,099.39); 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 engineer and certified to the City Council is hereby accepted and received. Section 3: That final payment to Angel Brothers Enterprises, LTD, in the amount of SIX HUNDRED FORTY -ONE THOUSAND NINETY -NINE AND 39/100 DOLLARS ($641,099.39) 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. ANN. Abk INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 11`h day of May, 2006. • •►,T'71- 4gre-M APPROVED AS TO FORM: etdl�ACIO RAMIREZ, SR., Attorney 1 CALVIN MUNDINGER, or RAKaren\Files \City Council\0rdinances\20060vlay 11\ Fina120 05Mill &OverlayProjcci.doc