HomeMy WebLinkAbout14494 RES - 09/06/1978JBA:vp:8- 28- 78:lst
TEXAS:
A RESOLUTION
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSENT TO
ASSIGNMENT TO THE CONTRACT DATED JULY 19, 1978 BETWEEN
B -F -W CONSTRUCTION COMPANY, INC., A TEXAS CORPORATION,
AND THE CITY OF CORPUS CHRISTI TO B -F -W CONSTRUCTION
COMPANY, INC., A DELAWARE CORPORATION, ASSIGNEE, ACCORD-
ING TO THE ATTACHED COPY OF ASSIGNMENT AND CONSENT; AND
DECLARING AN EMERGENCY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
SECTION 1. That the City Manager be and he is hereby authorized
to execute a consent to assignment to the contract dated July 19, 1978, between
B -F -W Construction Company, Inc., a Texas corporation, and the City of Corpus
Christi to B -F -W Construction Company, Inc., a Delaware corporation, assignee,
all as more fully set forth in the agreement, a substantial copy of which is
attached hereto and made a part hereof, marked Exhibit "A ".
SECTION 2. The necessity for authorizing execution of the afore-
said consent to assignment to contract in order to /preserve public property
and expedite the construction and completion of the improvements to the Con-
vention Center and /or Auditorium, creates a public emergency and an imperative
public necessity requiring the suspension of the Charter rule that no ordinance
or resolution shall be passed finally on the date of its introduction but
that such ordinance or resolution shall be read at three several meetings
of the City Council, and the Mayor having declared such emergency and necessity
to exist, and having requested the suspension of the Charter rule and that
this resolution be passed finally on the date of its introduction and take
effect and be in full force and effect from and after its passage, IT IS
ACCORDINGLY SO RESOLVED, this the f0 day of August, 1978.
ATTEST:
City Secretary MAYOR
THE C Y OF C(RIPU ISTI, TEXAS
APPROVED:
DAY OF AUGUST, 1978:
J. BRUCE AYCOCK, CITY TTORNEY �A
BY • � //� R- 0,FILME®
° u-ta" city Att ney
, V
144al:
THE STATE OF TEXAS
COUNTY OF NUECES
Travelers Indemnity Company, surety on the above contract between
B -F -W Comstruction Company, Inc., a Texas corporation, and the City of Corpus
Christi dated July 19, 1978, concurs in the above assignment to B -F -W Con-
struction Company, Inc., a Delaware corporation, and stipulates that the
above assignment shall not relieve the Travelers Indemnity Company in any
way from its obligations to the City of Corpus Christi under its performance
and payments bonds guarantee in said contract.
TRAVELERS INDEMNITY COMPANY, Surety
By
ttorney in act
(copy of Power of Attorney attached)
ASSIGNMENT
By this assignment dated effective this lst day of July,
1978, B -F -W Construction Company, Inc., a Texas corporation,
( "Assignor ") hereby delegates and assigns to B -F -W Construction
Company, Inc., a Delaware corporation, ( "Assignee ") all of its
duties, obligations of performance and rights under a construc-
tion contract ( "Contract ") dated July 19, 1978, between the City
of Corpus Christi ( "Owner ") and Assignor having a stipulated
contract sum of $13,264,142.00.
By accepting this assignment, Assignee agrees to assume and
perform all remaining duties and obligations that Assignor has
under said contract.
B -F -W Construction Company, Inc.,
Assignor
CONSENT TO ASSIGNMENT
The undersigned Owner hereby consents to the foregoing dele-
gation and assignment to B -F -W Construction Company, Inc., a
Delaware corporation ( "Assignee ") of the duties of performance
under the contract dated July 19, 1978, between B -F -W Construction
Company, Inc., a Texas corporation, ( "Assignor ") and itself, but
this Consent to Assignment in no way relieves Assignor from the
convenants and obligations required to be performed under the
aforementioned contract.
Dated this day of , 19_
Owner
7--7x b,. b�, -�- "fl
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance,
a public emergency and imperative necessity exist for the suspension of the
Charter rule or requirement that no ordinance or resolution shall be passed
finally on the date it is introduced, and that such ordinance or resolution
shall be read at three meetings of the City Council; I, therefore, request
that you suspend said Charter rule or requirement and pass this ordinance
finally on the date it is introduced, or at the present meeting of the City
Council. A
Respectfully,
The Charter rule was suspended
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
THE CITY OF CORPUS-CHR
The above ordinance was passed
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
ISTI, TEXAS
W
t
Corpus Christi Texa
6 day of s�, 1971
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance,
a public emergency and imperative necessity exist for the suspension of the
Charter rule or requirement that no ordinance or resolution shall be passed
finally on the date it is introduced, and that such ordinance or resolution
shall be read at three meetings of the City Council; I, therefore, request
that you suspend said Charter rule or requirement and pass this ordinance
finally on the date it is introduced, or at the present meeting of the City
Council. A
Respectfully,
The Charter rule was suspended
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
THE CITY OF CORPUS-CHR
The above ordinance was passed
Gabe Lozano, Sr.
Bob Gulley
David Diaz
Ruth Gill
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
ISTI, TEXAS