HomeMy WebLinkAbout533 11-22-1977ORDINANCE NO. 533
AN ORDINANCE REPEALING CITY OF EULESS, TEXAS, ORDINANCES
OF JULY 10, 1962, AND FEBRUARY 26, 1963, WHICH ORDI-
NANCES AUTHORIZE PARTICIPATION BY THE EMPLOYEES OF THE CITY
OF EULESS, TEXAS, TO PARTICIPATE IN THE FEDERAL OLD -AGE
AND SURVIVORS INSURANCE BENEFITS PROGRAM (SOCIAL SECURITY)
WITH THE EFFECT OF THIS ORDINANCE BEING A WITHDRAWAL FROM
PARTICIPATION BY THE CITY OF EULESS, TEXAS, UNDER SUCH
FEDERAL OLD -AGE AND SURVIVORS INSURANCE BENEFITS PRO-
GRAM (SOCIAL SECURITY); PROVIDING FOR TERMINATION OF
EXISTING AGREEMENTS WITH TEXAS DEPARTMENT OF HUMAN
RESOURCES (FORMERLY TEXAS DEPARTMENT OF PUBLIC WELFARE);
AUTHORIZING THE MAYOR AND CITY SECRETARY TO DO ALL
THINGS NECESSARY TO EFFECT WITHDRAWAL BY THE CITY OF
EULESS, TEXAS, FROM SUCH PROGRAM; DECLARING AN EMER-
GENCY; PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE
DATE
WHEREAS, under the provisions of House Bill 603, Acts 52nd
Legislature, R.S. 1951, of the State of Texas and Public Law 734,
81st Congress, chapter 809, 2nd, H.R. 6000 of the United States
of America incorporated cities of the State of Texas were autho-
rized to enter into agreements with the State Department of Public
Welfare to participate in and secure the benefits of The Federal
Old -Age And Survivors Insurance Benefits Program as provided by
such laws; and
WHEREAS, by appropriate ordinances of the City of Euless, Texas,
under dates of July 10, 1962, and February 26, 1963, the City of
Euless, Texas, did authorize participation by the employees of the
City of Euless, Texas, under such Federal Old -Age And Survivors
Insurance Benefits Program; and
WHEREAS, subsequent to the adoption of such ordinances the
City of Euless, Texas, did, by agreement entered into between the
City of Euless, Texas, and the Texas Department of Public Welfare
establish a program for participation by the employees of the
City of Euless, Texas, in the Federal Old -Age And Survivors Insur-
ance Benefits Program; and
WHEREAS, the existing employees of the City of Euless, Texas,
have evidenced their desire and communicated same to the City
Council of the City of Euless, Texas, that the City of Euless,
Texas, withdraw from and cease participation in such Federal
Old -Age And Survivors Insurance Benefits Program; and
Whereas, it is the intention of the City Council of the City
of Euless, Texas, in keeping with the request of the employees of
such city to withdraw such city's participation in such program;
NOW, THEREFORE, BE IT ORDAINED BY THE EULESS CITY COUNCIL:
I.
Previous Ordiances of the City of Euless, Texas, dated July
10, 1962 and February 26, 1963, authorizing and effecting parti-
cipation by the employees of the City of Euless, Texas, in the
Federal Old -Age And Survivors Insurance Benefits Program as ad-
ministered by the Texas Department of Public Welfare pursu-
ant to the provisions of House Bill 603, Acts 52nd Legislature,
R.S. 1951, of the State of Texas and Public Law 734, 81st Congress,
chapter 809, 2nd, H.R. 6000 of the United State of America, be
and the same are hereby repealed for the purpose of effecting
the withdrawal of and eligibility for employees of the City of Euless,
Texas, in and to the Federal Old -Age And Survivors Insurance Benefits
Program.
II.
The Mayor of the City of Euless, Texas, and the City Secretary
of the City of Euless, Texas, each and both of them, jointly and /or
singularly are herewith and hereby authorized and directed to
execute and deliver any and all instrumentation necessary to effect
termination of existing agreements by and between the City of Euless,
Texas, and the Texas Department of Human Resources (formerly the
Texas Department of Public Welfare) and the withdrawal from parti-
cipation by the employees of the City of Euless, Texas, in the
Federal Old -Age And Survivors Insurance Benefits Program.
III.
That it is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and
phrases of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted
by the City Council without the incorporation in this ordinance of
any such unconstitutional phrase, clause, sentence, paragraph or
section.
The fact that the en
bility for the employees
the Federal Old -Age and
deemed necessary by the
IV.
actment of an ordinance withdrawing eligi-
of the City of Euless, Texas, in and to
Survivors Insurance Benefits Program is
City Council of the City of Euless, Texas,
to preserve and continue the public business, health, safety and
general welfare of the citizens of the City of Euless, Texas, and
the employees of the City of Euless, Texas, creates an emergency
in the immediate passage of same and requires that this Ordinance
shall take effect immediately from and after its passage, and it
is accordingly so ordained.
This Ordinance shall be in full force and effect from and
after its adoption as provided by the Euless City Charter and
the laws of the State of Texas.
Presented and adopted on first and final reading at a regular
meeting of the Euless City Council on the 22nd day of November,
1977, by a vote of 5 yeas and 0 nays, with 0 absentions.
Harold Samuels, Mayor
ATTEST:
Della Houy, City Secre ry
APPROVED AS O FORM:
M. Robert McFar7fand,
City Attorney