Ordinance No. 12,241ORDINANCE NO. 12,241
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE BAYTOWN AREA WATER AUTHORITY'S
FINAL PAYMENT TO T & C CONSTRUCTION, LTD., IN THE AMOUNT OF
FIFTY -EIGHT THOUSAND SEVEN HUNDRED SIXTY AND NO /100
DOLLARS ($58,760.00) FOR THE CDBG NON - HOUSING BAWA
EMERGENCY POWER IMPROVEMENTS PROJECT; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the Baytown Area Water Authority (`BAWA ") contracted with T & C
Construction, Ltd., (the "Contractor ") for the CDBG Non - Housing BAWA Emergency Power
Improvements Project (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
Directors have been performed and completed in accordance with the terms and conditions of the
aforesaid contract; and
WHEREAS, BAWA's engineer in the manner provided by the terms of the said contract
and the plans and specifications thereof, has approved and accepted the Project and has
heretofore issued his Certificate of Final Acceptance and has certified same to BAWA's Board
of Directors and recommended that it accept and receive said work and improvements as
constructed and completed by Contractor; and
WHEREAS, BAWA has withheld the sum of FIFTY -EIGHT THOUSAND SEVEN
HUNDRED SIXTY AND NO /100 DOLLARS ($58,760.00) in retainage on the Project; and
WHEREAS, on April 24, 2013, the Board of Directors of the Baytown Area Water
Authority accepted the Project and authorized final payment in the amount of FIFTY -EIGHT
THOUSAND SEVEN HUNDRED SIXTY AND NO /100 DOLLARS ($58,760.00), subject to a
release and settlement agreement satisfactory to its General Manager and General Counsel; and
WHEREAS, the legislation creating the Baytown Area Water Authority ( "BAWA ")
requires that the City Council of the City of Baytown approve contracts entered into by BAWA;
and
WHEREAS, the City Council of the City of Baytown desires to approve the final
payment authorized and approved by the Board of Directors for the Project; 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 and settlement with T & C Construction, Ltd,
in the amount of FIFTY -EIGHT THOUSAND SEVEN HUNDRED SIXTY AND NO 1100
1A)LI-ARS (558,760.00) for the Non-Housing, BAWA Imergency Power Improvements
Pro.ject.
Section 2: This Ordinance shall take effect inuilecliatel gain and after its passage by
the City Council of tile C11), of' Baytown.
INTRODUCED, REIAD and PASSF-D by the �,,fffirlll 01' the City COUncil of the
City ot'Baytown this the 2,5"' day of April, 2013.
PI 11"IN H. DONCARI-A)S, May
Al " I' 'j S, I':
LFTICIA B,"["t).'SCH, Cil,V,Cli
Y,4, , o
A P 1) R \1 E D
xycl�,—
4aN AICIO RAN/fIRF-7. SR., GZ� 7,6, ')rnCy
R CotwcikOrdjnamcsO 20 p 3AI)t d "5a Appim d WNAhmdl'ay:'1 &('40416 Noo-1 l0LI,%'mt,,BA\VAFmvi �iow yh)%vvrlwpj o � vawntPnquct do.',