Res 105-2007 6/19/2007 RESOLUTION NO. � �- ��
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO DECLARE
M.W. BUILDERS OF TEXAS, INC., IN DEFAULT OF THE CONTRACT
FOR THE CONSTRUCTION OF A MEMBRANE FACILITY AT CYPRESS
WATER TREATMENT PLANT; FINDING AND DETERMINING THAT
THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, on July 1, 2003, the City awarded a contract in the amount of
$14,177,000 to M.W. Builders of Texas, Inc., for the construction of a membrane facility
at Cypress Water Treatment Plant; and,
WHEREAS, the project has suffered numerous delays, and M.W. Builders of
Texas, Inc., has failed to diligently pursue completion of the contract; and,
WHEREAS, a significant amount of work, including installation and testing of the
reverse osmosis membranes, has not been completed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to declare M.W. Builders of
Texas, Inc., in default of the contract for construction of the membrane facility at the
Cypress Water Treatment Plant if he determines, after consulting with the Director of
Public Works, that significant action and progress is not made by M.W. Builders of
Texas, Inc., before June 26 to install the reverse osmosis membranes. The City
Manager is further authorized to declare M.W. Builders of Texas, Inc., in default if the
company thereafter fails to continue the membrane installation testing and other related
work in a diligent manner to complete the project.
SECTION 2. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 19 day of June, 2007.
MAYOR
RTTEST:
ity Clerk