HomeMy WebLinkAboutResolution - 051354B - Mckinley Co Accepted As Contractor - RM Wells Co Released - Auditorium Coliseum - 05_13_1954 os
0/ RESOLUT ION
P lc.r � W H E R E A S, the City of Lubbock has entered into a written contract
with the R. M. Wells Company, R. M. Wells sole owner, which contract is dated
May 5, 1954, wherein the said R. M. Wells Company has agreed as Contractor to
furnish all of the materials and perform all of the work shown on the drawings
and described in the specifications entitled "HEATING, AIR CONDITIONING AND
PLUMING OF AUDITORIM-COLISEUM FOR THE, CITY OF LUBBOCK, LUBBOCK, TEXAS," pre-
pared by Haynes & Kirby, Architects of Lubbock, Texas; and,
W H E R E A S, said contract has been duly executed by the said R. M.
Wells Company and the said City of Lubbock; and,
W H E R E A S, since the oxecution of the said contract it has been
assigned by the said R. 11. Wells Company, acting by and through its sole owner,
R. M. Wells, to the McKinley Company of Lubbock, Texas, a Partnership composed
of John R. McKinley, Sr., John R. McKinley, Jr. and S. C. Y7ers, Jr., and in such
assignment the said McKinley Company has agreed to perform all of the work and fur-
nish all of the materials and to assume each and every liability of the said
R. M. Wells ComparV as set out in the above described contract between the said
R. M. Wells Company and the City of Lubbock; and,
W H E R E A S, the said City of Lubbock has been requested by tho said
McKinley Company and the said R. M. Wells Company to approve such assignment and
to accept the said McKinley Company as Contractor in lieu of the said R. 1% Wells
Company, and to release the said R. M. Wells Company from all liability, past, '
present and future under and in connection with said contract and likewise to
release him and his Sureties on his proposal bond heretofore submitted to and now
held by the City of Lubbock upon full completion of the assignment and the furnish-
ing of a performance bond in the amount of one hundred per cent (100%) of the
total contract price as required by Article 2368a, R. C. S.; and,
W H E R E A S, the City Commission of the City of Lubbock has made
full investigation of the responsibility of the said McKinley Company and finds tha
said McKinley Company is responsible and is not disqualified from performing the
work and furnishing the materials as prescribed in said contract, N 0 W,
THEREFORE,
BE IT RESOLVED BY THE CITY C0141ISSION OF THE CITY OF LUBBOCK:
SECTION 1. That the assignment of the above described contract from
the said R. M. Wells Company to the said McKinley Company be, and the same is here
approved and accepted and the said McKinley. Company is hereby accepted as Contracto ,
under all the terms and conditions of. the above described contract.between the
said City of Lubbock and the saidR. M. Wells Company.
SECTION 2. The said R. M. Wells Company and the said R. M. Wells
�.� are hereby released from all and further liability in connection with such contract
SECTION 3. Be it further resolved that the said R. M. Wells, R. M.
Wells Company and the Sureties upon the proposal bond submitted with the bid of
the said R. M. Wells Company for the furnishing of the materials and the performanc
of the work upon the above described Auditorium-Coliseum are hereby released and
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discharged from all liability thereon.
SECTION 4. That a copy of the Contract of Assignment duly executed is
attached to this Resolution and this Resolution is made a part of such Contract
of Assignment and the said McKinley Company by its acceptance of the assignment
hereunder, does agree that neither the said McKinley Company, a partnership, or any
of its partners as herein named, their heirs, administrators or assigns shall
ever assert as a defense to any action under the contract herein assigned, any
irregularities, waivers or formalities of any kind or nature in the original
awarding of, and this assignment of this contract.
On motion of Commissioner _ Carpenter , seconded by Commissioner
Bake,' , this Resolution was pawed on this the 13 day of ?,Lvy, 1954,
by the following vote:
Commissioners voting „YEA": Baker, Carpenter, Forrest and Thomas
Mayor Tripp
Commissioners voting "NAY": None
- MURREId, Rr P, - - - - - - - --
ATTEST: _--
Ea,_ka - ue, Cit Secre ry-Treasurer
CAM:gf
5-13-54.
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TM STATE CY TEXAS �
CZuM OF fbIJB��cg
Thin oontraat of aseignmer,t entered into by and be-
twoon r.e Ile Weller Company# acting berein by through he K,
Wallop sole owner# and, they McKinley Cocpsny, a partnership
firm composed of J6.6m Re 11cKinley' Bret John fie VaKinley, Jre
and Se Co h."re# 41T"er actirsr hsrain by and thro John R•
Xat rley, Sr,,
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For and in consideration at the auo► rf one Dollar
(tleoo) to R. 1-114 Wang Company in l wad paid by the 11OXinley
Cov,-any, and the furthsr consideration of the mutual benefits
to be derived bereunder, the said Vo Y1, Wells Copipany does here-
by trararer and asuign all of its ri3;hts, title and interest in
and to that certain contract botwaen the City of Lubbock and
the said Cie tl. Vella, dated May 5. 1954j, for the furnishing of
all of the, materials and the parfor-nunca of all of the work as
shswn in th6 specifications entitled "heatir=,p air conditioning
and plu laims of Auditorium-Coliseum for the City of Lubber,
Lubbock County# Texas,"°'prepared by Ftapnes & Kirby# Architect*#
of Lubbock# Texas, such contract beirZ attached horato and made
a part hereof as though fully **pied iri this contract of assign-
ment•
The said Ho ley Conpany agrees to performs amid work
and to furnish said materials in aa*ord&n*s with all of the
terms# conditions and provisions of said contract and to do
oath and every other act and thing roquira4 of the said F?e Me
Wells Co^npaany in said contract including t1ho furnishing of the
performance 'band mntic-nad and daaoribed therein and to hold
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harmless the mild P4 %. Wells Comepamcy from each and +ev&ry
obligation arse, liability contained In or in connection with
said aontraot with tins Maid City of Lubbocke
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