Ordinance No. 12,078ORDINANCE NO. 12,078
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING ORDINANCE NO. 11,998, PASSED BY THE CITY
COUNCIL ON AUGUST 9, 2012; ACCEPTING THE 2011 MILL &
OVERLAY PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF
ONE HUNDRED FORTY -THREE THOUSAND FIVE HUNDRED SIX AND
93/100 DOLLARS ($143,506.93) TO FORDE CONSTRUCTION COMPANY,
INC., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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WHEREAS, the City of Baytown contracted with Forde Construction Company, Inc., for
the 2011 Mill & 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
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 2011 Mill & Overlay
Project, has heretofore issued his Certificate of Final Acceptance, has certified same to the City
Council, and has recommended that it accept and receive said work and improvements as
constructed and completed by Contractor; and
WHEREAS, the City Council accepted the Project via ordinance No. 11,998 on August
9, 2012; and
WHEREAS, such ordinance indicated that there remained due and owing to Forde
Construction Company, Inc., the sum of NINETY THOUSAND SIX HUNDRED SIXTY -
FOUR AND 64/100 DOLLARS ($90,664.64); and
WHEREAS, after the passage of Ordinance No. 11,998, it was determined that two
streets that were subject to the agreement (Crow Street and Nolan Street) were not included in
the final release of retainage calculation; and
WHEREAS, the correct amount which remains due and owing to Forde Construction
Company, Inc., is the sum of ONE HUNDRED FORTY -THREE THOUSAND FIVE
HUNDRED SIX AND 93/100 DOLLARS ($143,506.93); and
WHEREAS, this ordinance repeals and corrects the previous Ordinance No. 11,998;
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 repeals
Ordinance No. 11,998 passed by the City Council on August 9, 2012, in its entirety.
Section 2: 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 3: 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 4: That final payment to Forde Construction Company, Inc., in the amount of
ONE HUNDRED FORTY -THREE THOUSAND FIVE HUNDRED SIX AND 93/100
DOLLARS ($143,506.93) is hereby authorized.
Section 5: 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 oft City Council of the
City of Baytown this the 27" day of September, 2012.
APPROVED AS TO FORM:
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NACIO RAMIREZ, SR., Qj Attorney
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