Ordinance No. 12,463ORDINANCE NO.12.46:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
ACCEPTING THE WEST DISTRICT WASTEWATER TREATMENT PLANT EXPANSION
4.6 MGD PROJECT;AUTHORIZING FINAL PAYMENT OF THE SUM OF FIVE
HUNDRED TWENTY-FOUR THOUSAND FOUR HUNDRED SIXTY-SEVEN AND 12/100
DOLLARS ($524,467.12)TOLEM CONSTRUCTION COMPANY,INC.,FORSAID
PROJECT;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS,theCity of BaytowncontractedwithLEM Construction Company,Inc.,fortheWest
District Wastewater Treatment Plant Expansion 4.6MGDProject(the "Project");and
WHEREAS,all of thesaid improvements,as provided intheplansand specifications heretofore
preparedbythe City's engineer andas approved andadoptedbytheCity Council havebeen performed and
completedin full accordancewith all of thetermsandconditionsoftheaforesaidcontract;and
WHEREAS,the City's engineer inthemannerprovidedbytheterms of thesaid contract andtheplans
and specifications thereof,has approved andacceptedtheWest District Wastewater Treatment Plant Expansion
4.6MGDProject,has heretofore issuedhis Certificate of Final Acceptance,has certified sametotheCity
Council,andhas recommended thatit accept andreceivesaidworkand improvements as constructed and
completed by Contractor;and
WHEREAS,there remains dueandowingtoLEM Construction Company,Inc.,thesum of FIVE
HUNDRED TWENTY-FOUR THOUSAND FOUR HUNDRED SIXTY-SEVEN AND 12/100 DOLLARS
($524,467.12);NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section1:That theCity Council hereby accepts and approves the above-described workand
improvements,andfindsand determines thatall of said improvements havebeen completed as provided inthe
plansandspecificationsthereof,andin full accordancewithall of thetermsandprovisionsoftheaforesaid
contract.
Section2:Thatthe Certificate of Final Acceptance heretofore issuedbythe City's engineer and
certified totheCity Council ishereby accepted andreceived.
Section3:ThatfinalpaymenttoLEMConstructionCompany,Inc.,intheamountofFIVE
HUNDRED TWENTY-FOUR THOUSAND FOUR HUNDRED SIXTY-SEVEN AND 12/100 DOLLARS
($524,467.12)is hereby authorized.
Section 4:This ordinance shall take effect immediately from and (hfy6r its passage bytheCity
Council of theCity of Baytown.
INTRODUCED,READ and PASSED bythe affirmative vote of tjiejuty Council ofthe City of
Baytown this the 23rd day of January,2014.
CO*U
•TICIA BRYSCH,City Cl*r
APPROVED AS TO FORM:
^TCfNACIO RAMIREZ,SR.,(ity Attorney
R:\Karen\Filcs\City Council\Ordinances^3014Uanuar>'23\rinalWestDistrictWWTPExpansionProjccI.doc
.DONCARLOS,Mayor