Ordinance No. 10,529ORDINPLNCE NO. 10,529
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN.
TEXAS, APPROVTNG THE BAYTOWN AREA WATER AUTIIORITY'S
FINAL PAYMENT TO LEM CONSTRUCTION CO., INC.. IN THE AMOUNT
OF ONE HUNDRED SIXTY-EIGI-IT THOUSAND EIGI IT HUNDRED SIXTY-
SIX AND 811100 DOLLARS ($168.866.81) FOR THE BAWA EXPANSION
AND DISINFECTION IMPROVEMENTS PROJECT. PHASE 111: AND
PROWDIWG FOR THE EFFECTIVE DATE THEREOF.
WHEREAS. the Bayto\vn Area Water Authority ("BAWA") contracted with LEM
Constrilction Co., Inc.. for the BAWA Expansion and Disinfection In~provements Project, Phase
I11 (the "Project"): and
WHEREAS. all of the said improvements. as provided in the plans and specifications
heretofore prepared by BAWA's engineer and as approved and adopted by BAWA's Board of
Direclors have been perfomled and completed in full accorclance with all of the terms and
conditions of the aforesaid contract: and
WHEREAS. BAWA's engineer in the manner pro~.ided by the temis of the said contract
and the plans and specifications thereof. has approved and accepted the BAWA Expansion and
Disinfectio~l Improvenlents Project. Phase 111 and has heretofore issued his Certificate of Final
Acceptance and has certified satne to BAWA's Board of Directors and recommended that it
accepl and receive said work and improvements as construc~ed and coniplcted by Contractor;
and
\VHEREAS. there remains due and oiling to LEM Construction Co., Inc.. the sun1 of
ONE HUNDRED SIXTY-EIGIlT THOUSAND EIGI-IT HUNDRED SIXTY-SIX AND 811100
DOLLARS (S 168.866.8 1): and
WHEREAS. on January 17. 2007. the Board of Directors of the Baytown Area Water
Authol-ity accepted the project and authorizecl final payment in the above-referenced amount.
WHEREAS. the legislation creating the Baytown Area Water Authority ("BAWA")
requires that the City Council of the City of Baytoivn approve contracts entered into by BAWA:
and
WHEREAS. the City Council of the City of Baytown desires to approve the final
payment authorized by the Board of Directors for the BAWA Expansion and Disinfection
Improvements Project, Phase I 11: NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN.
TEXAS:
Section 1: That the City Council of the City of Baytown, Texas. hereby approves the
Baytown Area Water Authority's final payment to LEM Construction Co.. Inc in the amount of