Resolution 74 - Authorizing Payment on Sewer Plant RESOLUTION AUTHORIZING PAYMENT ON SEWER PLANT
WHEREAS: 'I~he City of Wylie and A. E. Mitchell Construction
Company entered into a contract for construction of a sewage
treatment plant for the City of Wylie and,
W'rIEREAS: Said treatment plant has been constructed and
placed in operation to the satisfaction of the City of Wylie
and,
WHEREAS: A. E. Mitchell has submitted sufficient documents
to allow the City of Wylie to make final payment on said
construction project,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WYLIE:
THAT the Mayor of the City of Wylie be authorized to ex~~ute
the attached Settlement Agreement and final payment in the
amount of $11,730.75 be made to Industrial Indemnity Company
as Surety and as Assignee of A. E, Mitchell Construction
Company.
APPROVED AND PASSED THIS THE 13th day of August, 1974.
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Donald R, Thomas, Mayor
ATTEST:
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Oneida Gallagher, Cit Secretary
SETTLII~]T AGREII~~]T
TI~ STATE GF 'I'EXA.S X
COUN'I'Y OF COI~IN X
Wf~REAS, the City of Wylie, Texas, (hereinafter called ~aylie) is a municipality
of the State of Texas within the meaning of Article 5160, Revised Civil Statutes of
Texas;
V~REA,S, within the meaning of said Article 5160, Wylie, as owner, and A. E.
*~Ii.tchell Construction Ccxnpany as prime contractor, (hereinafter called Contractor)
entered into a forn~al contract, on or about the 20th day of June, 1972, for the con-
struction of [n7ater Control Plant ~ditions, WPC-Tex-759 in Wylie, Texas, (hereinafter
called Project);
Wf~~RE'.AS, pursuant to and in accordance with the aforesaid Article 5160,
Industrial Ind~mity Company of San Francisco, California, issued the statutory bonds
therein referred to (perfonnance bond and payment bond);
Wt~RF~.S, A.E. Mitchell Construction Ccxnpany and others entered into an Assignment
and Collateral Agreesnent with Industrial Indamnity Company, wherein A.E. Mitchell
Construction Company assigned to the Surety all contract rights and all contract
receivables, etc., undex all construction contracts for which Surety had issued bonds
for Contractor (copy of which Assigr~¢nent and Collateral Agreement has been delivered
to, and receipt of which is acl~awledged by, Wylie);
WI~REA.S, acceptance of the work and full performarice of Project No. WPC-TEX-759
contract having occurred, within the meaning of the above quoted Article 5, final pay-
ment ($11,730.35) is presently due;
1.
~LIE will delivex to Industrial Indemntiy Ccgngany, as Surety and as Assignee of
A.E. Mitchell Construction Compa~zy, a check in the sum of Eleven Thousand and Seven
Hundred and Thirty Dollars and Seventy-Five Cents ($11,730.75) as payment of the
balance due tA Contractor and Surety on the Project.
2.
SUREI'Y will deliver to WYLIE the follawing checks:
Rodger Harper $I,350.00
Southern Engine & Pump Company 1,966.95
Chico Stone 1,305.57
Fischer & Porter Z,643.00
Lakeside Equipment Co. 7,638.00
N. Texas Municipal i~ ter Dist. I94.77
$14,098.29
THE SURE~'Y agrees that, in the event any cause of action is brought against the
City of Wylie by a claimant for labor or material furnished to A.E. Mitchell Construc-
tion Ccanpany on this Project, that Industrial Indenmtiy Company will provide counsel
of its choice at its expense, to defend the City of Wylie in said cause of action;
and, Industrial Indemnity Company will hold the Cityo uf Wylie harmless frcxn any
judgments that may be rendered against it in such cause of action.
TfiIS S~'PI' .L~'~'?~PT' AGREII~IIV'I' is made pursuant to authority given and granted to the
Mayor of the City of Wylie, by the City Council of the City of Wylie and constitutes
the act and deed o~ the City of ~^Iylie.
THIS AGREII~NT made this the day of ~~j C`_> A.D. 1974, by
and bettiaeen the t~ar'ties in Collin County, Texas.
'I'HE CITY OF ~9YLIE
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A'1'~'EST : BY~°~
rlayor
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INDUSTRIA.L INDF~'~TITY COI~'ANY
BY: [ _
Its attorney ar~cl du
authorized agent
THE STATE OF TEXAS X
COUNTY OF COLLIN X
i
BEFORE ME, a Notary Public, on this day personally appeared I~''~ i>' ~ f? °
, who is lm.awn to me to be the person whose name is subscribed to the
foregoing Settlement Agre~nent, and after being duly sworn by me, stated on oath that the
facts set out therein are true aricl correct to the best of his knowledge and belief; that
he was the Mayor of the City of Wylie, Texas, and he was duly authorized and e~wered
to execute this instnIInent by the City Council of the City of Wylie, Texas; and, tYiat
he executed this Agreement, as the act of the City of [~lylie, Texas, pursuant to said
authorization. ~ ~ %
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SiT~SCRIBED AND SWORN TO before me this the __~day of ~ , 1974, to certify
which witness my hand arxl seal of office.
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My commis ion expires on
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Tf-iE STPTE OF TEXAS X
COL7N'I'Y OF COLLIN X
BEFORE ME, a Notar~~ Public, on this day t~ex'sonally appeared, Gil Hamt?ton,
who is known to me to be the t~erson whose name is subscribed to the foregoing
Settl~nent Agreement, and after being duly sworn by me, stated that he is the
attornev and duly authorized agent for Industrial Indemnity Company; that the facts
set out in said Agre~azt are true to the best of his lcn.ow]_edge and belie.f , that he
executed this inst.rument pursuant to such authority, and tnat his execution of this
Agreement constitutes the act and deed of Industrial I~Zdemnity y.
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SUBSCRIBED AND SP~ORN TO before me this ~~,Q,/', day o , 1974 , to certify
which witness my hand and seal of office. '
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