HomeMy WebLinkAbout68-218 08-29-1968RESOLUTION NO. 218
A resolution and order of the City Council of the City of
Euless, Texas, calling and making provision for an
election to be held within the City of Euless on the
question of whether the City Council will be empower-
ed to sell a part of the Euless Water and Sewer System
to the City of Bedford, Texas.
WHEREAS, the City of Euless, Texas, heretofore purchased a water
and sewer system serving the inhabitants of both the Cities of Euless and
Bedford, Texas, the governing body of Bedford being at that time notified
of the transaction including the fact that the seller would contract to
sell only the entire system and not just that part lying within Euless,
and
WHEREAS, the City Council of Euless at that time informed the
City Council of Bedford of Euless' willingness to sell and convey to
Bedford all said properties lying within the corporate limits of Bedford
and not required in the rendering of efficient services in Euless, and
WHEREAS, the governing body of the City of Bedford had notified
this Council of its willingness to purchase and ability to finance the ac-
quisition of that portion of the waterworks and sanitary sewer system
located within its corporate limits aforementioned, and an agreement has
been reached as to the value thereof, and
WHEREAS, the cities have agreed that Bedford should pay to Euless
the sum of $1,780,802.34 plus the actual cost of improvements to that part
of the system being acquired by Bedford between the date of this election
order and the date of the delivery of any instruments of conveyance, and
WHEREAS, based upon the reports of the Consulting Engineers, this
Council now finds and determines that the proposed sale price is adequate
and represents a fair price for that part of the water and sewer system
proposed to be sold to Bedford, and
WHEREAS, this Council has further determined that it would be to
the best interest of the inhabitants to sell a part of the water and sewer
system to Bedford in that improvements and extensions to that system are
required in order to continue to render adequate service and a burden would
be placed upon the taxpayers of Euless to expand and provide the services
which will be required in Bedford, and
WHEREAS, in the ordinance authorizing the issuance of the revenue
bonds of Euless it was provided that the portion of the waterworks and sewer
system of Euless located within the corporate limits of other municipalities
could be sold upon certain conditions, and it now appears that all of such
conditions can be met, one among others being that all money received from
the sale of the said properties will be applied as promptly as possible to
the prepayment or redemption of outstanding revenue bonds of the City of
Euless (such being to the best interest of the City of Euless and its in-
habitants by reducing the principal amount of outstanding bonds to be paid
from the net revenues of the utility system) and
WHEREAS, this Council has been advised that the Attorney General of
Texas will not approve bonds issued by Bedford to acquire the aforesaid
properties unless the proposition hereinafter submitted is sustained by a
majority vote of the participating qualified electors of the City of Euless,
therefore,
BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF
EULESS, TEXAS:
SECTION 1: That an election shall be held on the 14th day of
September, 1968, which date is not less than 14 nor more than 30 days from
the date of the adoption of this resolution and order, at which election
the following proposition shall be submitted to the qualified voters of the
City:
"SHALL the City Council of the City of Euless, Texas,
be authorized to sell and convey to the City of Bedford,
Texas, that portion of the Euless Water and Sewer System
(located within the corporation limits of Bedford) which
is not required in any manner for the rendition of ef-
ficient services to the inhabitants of Euless and to apply
as promptly as possible all proceeds of such sale to the
prepayment or redemption of as many revenue bonds issued
by Euless for the purchase and acquisition of the entire
system as the amount of such proceeds will permit ?"
SECTION 2: That said election shall be held at the City Hall in the
City of Euless, Texas, and the entire City shall constitute one election
precinct.
SECTION 3: That the following named persons are hereby appointed
officers of the election:
Reba Cromer Presiding Judge
Eunice Anderson Alternate Judge
If the regularly appointed Presiding Judge is unable to serve at the election,
the Alternate Presiding Judge therefor shall serve as Presiding Judge. The
Presiding Judge shall appoint at least two (2) clerks (one of whom shall be
the Alternate Presiding Judge if the election is conducted by the regularly
appointed Presiding Judge) and such additional clerks, as he deems necessary
for the proper conduct of the election.
Absentee voting shall be conducted at the office of the City Secre-
tary in the City Hall in accordance with the provisions of Chapter 5, V.A.T.C.S.,
of the Election Code.
SECTION 4: That said election shall be held and the vote ascertained
as is provided by law in the case of the issuance of municipal bonds by cities
and town and all qualified voters of the City shall be entitled to vote at
said election.
SECTION 5: That the ballots for the election shall be prepared in
sufficient number and in conformity with Chapter 6, V.A.T.C.S. Election Code,
and printed on such ballots shall appear the following proposition:
"The sale of that portion of the Euless Water and Sewer
System lying within the corporate limits of Bedford and not
required for efficient service in Euless; all proceeds of sale
to be employed in pre - payment or redemption of Euless Water
and Sewer System revenue bonds ?"
The word "FOR" and beneath it the word "AGAINST" shall be made to appear to
the left of the proposition. A square shall be printed to the left of each
of the words "For" and "Against" and each voter shall place an "X" in the
square beside the statement indicating the way he wishes to vote.
SECTION 6: A substantial copy of this resolution and order shall
serve as proper notice of the said election. Notice of the election shall
be given by posting "Notice of Election for the Sale of Certain Water and
Sewer Properties" at the City Hall and at two other public places within the
City, at least 14 full days prior to the election, and in addition, the said
notice shall be published in a newspaper of general circulation in and
published in the City of Euless once a week for two consecutive weeks, the
date of the first publication to be at least 14 full days prior to the date
set for the election.
PASSED AND APPROVED this the 29th day of August , 1968.
Mayor, City Euless, May y ,
Attest:
7
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City Secretary, City of Euless, Texas