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HomeMy WebLinkAbout79-463 09-11-1979RESOLUTION NO. 463 WHEREAS, the Texas Legislature has passed th Property Tax Code, ot.herw.i.se known as Senate Bill 621 or the Peveto i3U1, instituting central tax appraisal districts for each county of the State of Texas, effective January 1, 1980; AND, WHEREAS, the first five- member governing board of the cen- tral tax appraisal district in Tarrant County will be selected by the participating governmental subdivisions in the Fall of 1979; AND, WHEREAS, the cities, towns and school districts, which will participate in selection of the initial five- member govern- ing board of the central tax appraisal district for Tarrant County desire to provide a fair and democratic method for selection of the initial five- member governing board and future governing boards; AND, WHEREAS, the cities, towns and school districts, which will participate in the selection of such initial five-member governing board desire to afford to each area and community of interest in Tarrant County a full opportunity to have input into the selection process AND, WHEREAS, the cities, towns and school districts, which will participate in selecticn of the - initial five- member govern- ing board desire to afford to each broad area and corm. nity of interest in Tarrant County one member of the initial five-member governing board who will be responsible to that particular area or community of interest in Tarrant County; AND, WHEREAS, a failure of all of the cities, towns and school p districts in Tarrant County to agree upon a method of selection of ) each member of the board from a particular area or community of interest will result in members of the governing board not being directly answerable to any particular area or community of interest; AND, WHEREAS, Section 6.03 of the Property Tax Code provides for the selection of a five-member Board of Directors by a method :i nvoiv -- ,.ing voting weighted for taxation levels wi th cumulative voting allowed; AND, WHEREAS, utilization of the single member district concept mutually desired by the cities, towns and school districts would result in the school districts having a greater weighed vote total than the cities in each. of Lhcee single member districts; - 2 - ANI), WHEREAS, affording one vote to each governmental entity entitled to vote within each •single member distri.r.t would afford the cities a greater vote total in each of three single member districts; AND, WHEREAS, it is the desire of the cities, towns and school districts in Tarrant County to compromise•and provide a method which. would favor neither the school districts as a group, nor the cities and towns as a group; AND, WHEREAS, Section 6.03(1) of the Property Tax Code allows the number of members of the. Board of Directors, •as well as the method of selection thereof to be changed by the governing bodies of three- quarters of the taxing units entitled to vote on •the.appoint- ment of a district's Board of Directors; AND, WHEREAS, three- fourths of the cities, towns and school districts entitled to vote on the appointment of a district's Board of Directors in Tarrant County desire to change the method of selection of such Board of Directors as allowed by Section 6.03(1) of the Property Tax Code, but desire to leave intact the five - member composition of such Board provided by the Property Tax Code; AND, WHEREAS, the common good and interest will be h<,st served by fair and adequate representation of all taxing entities in Tarrant County entitled to vote; NOW, THEREFORE, BE IT RESOLVED, by the City Euless as follows that: .^ THREE- FOURTHS VOTE CHANGE The method of selection of the initial hoard and all future boards for the tax appraisal district of Tarrant County is hereby changed by resolution of the governing boards of three-fourths of --the taxing units in Tarrant County entitled to vote under the Property Tax Code as provided hereafter.. II. SINGLE MEMBER DISTRICTS 1. The tax appraisal district in Tarrant County is hereby divided into five single member districts as follows: Single Member 1)i. stir:i.c1 1: Single Member District Single Member. District 3: Single Member District Single Member District Fort: Worth City 2: Fort Worth School 2. "Single Member District is defined as those other than the City District, which are majority of its Northeast cities, towns & schools 4: Southeast cities, towns and schools 5: West cities, towns and schools(and County of Tarrant if participating) 3: Northeast cities, towns and schools" incorporated cities and towns and school districts, of Fort Worth and the Fort Worth Independent School located wholly or partially in Tarrant County and the territory which lies within Tarrant County is located north of the Trinity River and east of Interstate 35W. 3. "Single Member District 4: Southeast cities, towns and schools" is defined as those incorporated cities and towns and school districts, other than the City of Fort District, which are located Worth and the Fort Worth Independent School wholly or partially in Tarrant County and the majority of its territory which lies within Tarrant County is located south of the Trinity River and east of Interstate 35W. 4. "Single Member District 5: West cities,.towns and schools" is defined as those incorporated • cities and towns and school districts, other than the City of Fort Worth which are located wholly or of its territory which lies and the Fort Worth Independent School District partially in Tarrant County and the majority within Tarrant County is located west of Interstate 35W, and the County of. Tarrant if it elects to participate. 5. The initial composition for the year 1979 of each single member .district shall be as set forth in Exhibit A attached hereto. 6. One and only one director shall be selected from each of the five single member districts listed above. 7. Cities, towns and schools entitled to vote hereunder (and the County if participating) may vote only for those candidates running for the directorship from the single member district in which such city, town or school- distri.ct is located, as f7et forth in Paragraph I], 1 -4 above. The County of Tarrant, member district 5. 1. Each if participating, may vote only in si_nylc III. NOMINATIONS taxing unit entitled to vote hereunder may nominate by resolution of its governing body one candidate for that position to be filled on the Board of Directors from that single mrmber di:t-rict. 2. The nominating resolutions of the governing bodies of the taxing units shall clearly set forth the full name and address of each candidate nominated and shall clearly set forth the single mem- ber district for which such person is nominated as follows: Single Member. District 1: Fort Worth City - Name of candidate, address Single Member District 2: Fort Worth. School - Name of candidate, address Single Member District 3: Northeast cities, towns & schools - Name of candidate, address Single Member District 4: Southeast cities, towns & schools - • Name of candidate, address Single Member District 5: West cities, towns & schools (and County of Tarrant•if participating) - Name of candidate, address. 3. No governing body is required to make nominations, nor_ must a nominating resolution of a governing body nominate a candidate in each district. 4. Each nominating resolution ;hall certify that the candidates nominated are currently residents of the tax appraisal district in Tarrant County and have been residents of the single member district they are being nominated to represent for at least two years. 5. The presiding officer of the governing body of each unit mak- ing. a nomination shall submit the name of. the unit.'s nominee to the County Clerk of Tarrant County before October 15 of 1979,. and before October 15 of each odd - numbered year thereafter. IV. NUMBER OF VOTES 1. The City of Fort Worth sha1l have the one-and-only vote for selection of the Director from single member district 1. 2. The Fort Worth Independent School District shall have the /^ one -and-- only vote for selection of the Director from single member district 2. 3. The number of votes for the c_i.ties, towns and school district-.s (and County of Tarrant if participating) in single - 5 member districts 3, 4 and 5 shall be determined a follows: a. In each of such single member d:i.stricts.3, 4 and 5, • each • city or town which was in existence for any portion of the.even numbered year immediately preceding.an odd - numbered election year, and which imposed. taxes for such even -- numbered year shall be entitled to one vote in the single member district of which it is a member, regardless of whether such city or town has voting entitlement under. the Property Tax Code. The County of Tarrant, if it participates, is entitled to one vote in single member district 5. b. The total number of votes allocated to the cities in a particular single member district shall be ascertained by the County Clerk of Tarrant County. c. In each of such single member districts 3, 4 and 5 each school district which was in existence for any portion of the even- numbered year -immediately preceding an odd-numbered election year, and which imposed taxes for such even- numbered year shall have voting rights as hereafter provided. d, Collectively, all of the school districts which have voting rights. in a particular single member district shall _ be entitled to exactl•.the same number of votes collectively possessed by the cities and towns in such single member district, or in the case of si_ngle•member district 5, exactly the same number of votes collectively possessed by cities and towns, and the County of Tarrant if partici- pating, resulting in the school districts in each such single member •district having exactly the same number of votes as the cities and towns (and the County of Tarrant if participating) in the same single member district. e. For each election year, the collective votes to which the school districts in a single member district are entitled shall be allocated among the school distt. ices by dividing the total number of votes allocated to the cities and towns In that single member district by the total number of school districts in that single member district and allocating to each school district its frac- tional part of the votes to be cast. • 6 f. Should the number of school districts entitled to vote hereunder in a given single member district. ever exceed the number of cities and' towns entitled to vote hereunder in such single member district, the collective total of votes allocated to such school districts shall nevertheless not exceed the collective vote allocated to the cities and towns (and County if participating) in such single member district entitled to vote hereunder, but •such collective totals shall remain equal. g. In allocating the votes among the various school dis-- - tricts, the County Clerk may utilize fractions of a vote. V. VOTING 1. Before September 1 of each odd - numbered election year, each city, town and school district participating in the tax appraisal district of Tarrant County shall notify the County Clerk of Tarrant County whether that taxing unit imposed taxes for the even - numbered year immediately preceding such election year, and of any additional facts which might affect in which single member: district sLch city, town or school district might be entitled to vote hereunder. 2. On or before September 10 of each odd-numbered election year, the County Clerk of Tarrant County shall notify each school district of the total number of votes which the cities and towns in that single member district collectively possess, and shall notify the school districts in each single member district of • the number of votes which the school districts in such single member district collectively possess. 3. The County Clerk shall determine the number of votes to which each taxing unit is entitled by utilizing the method set forth in this resolution and shall deliver written notice to the presiding officer of the governing body of each taxing unit of its voting entitlement before October 1 of each election year. 4. Before October. 30 of each odd-numbered year, the County Clerk shall prepare a ballot listing within each single member dis- trict the candidates alphabetically according to the first letter in each candidate's surname, and shall deliver a copy of the ballot to the presiding officer of the governing body of each taxing unit that is entitled to vote. The County Clerk shall designate on the ballot in which single member district his records reflect. that the taxing unit to whom the ballot is transmitted is entitled to vote. 5. The governing body of each taxing unit entitled to vote shall determine its vote by resolution and submit it to the County Clerk of Tarrant County before November 15 of each odd- numbered year. 6. The person selected by resolution of the governing body of the City of Fort Worth and the person selected by resolution of the governing body .of the Fort Worth Independent- School District shall be declared by the County Clerk as elected to fill the directorships in single member district 1 and single member district 2, respectively. 7. As to single member_ districts 3, 4 and 5, the County Clerk shall count the votes and declare that candidate in each of such single member districts who receives a majority of the votes cast in such single member district, if any, .to be elected. A majority shall be considered to be any number or fraction thereof greater than one -half of the votes cast. If there is a candidate elected by majority vote in each such single member district, the County Clerk shall deliver the results of the election before December l of each odd-numbered year to the governing body of each taxing unit in the tax appraisal district in Tarrant County and to each of the candidates. 8. In the event of a tie vote in single member district 3, 4 or 5, the, County Judge of Tarrant County shall have the right to cast a single vote to break the tie, if the casting of that vote will- result in a candidate having a majority of the votes cast; otherwise, a run-off ,shall be held by the County Clerk as hereinafter provided. 9. In the event no candidate receives a majority, the County ,P` Clerk shall conduct a run -off election for the two candidates receiv- ing the highest number of votes in such single member district. Ii' it is necessary, in order to narrow the run -off field to two candi- dates because of a tie vote, the County Judge of Tarrant County shall have the right to cant ono vote in order to break the tie, s'. -- 8 - 10. In any case whore the County judge of Tarrant County may cast a tie vote hereunder, the following procedure shall be utilized: the County Clerk, after counting the votes, shall notify the-County Judge in writing within three days of the necessity for the casting of -a tie-breaking vote. The County Judge shall then sign a written resolution within an additional three- -day period casting the tie - breaking vote and returning such resolution to the County Clerk. If the County Judge is for .any reason unavailable to cast 'a tie- breaking vote for more than ten days after the notification of his office by the Clerk, the duty to cast the tie- breaking vote shall immediately devolve upon the Commissioners' Court of Tarrant County who shall forthwith exercise this duty by resolution of the Court. 11. After counting the votes, should the County Clerk determine it is necessary to hold a run -off election in single member districts 3, 4 .or -5, he shall forthwith prepare a run-off ballot listing the top two run -off candidates- alphabetically and submit the same to the gov- erning bodies of each taxing unit entitled to vote in that single mem- ber district. He shall perform this duty within ten days. The gov- erning body. of each taxing unit entitled. to vote in that single member district in the run -off election shall ..determine its vote by resolution and submit it to the County Clerk within fifteen days of rc cei 7t of the ballot. 12. When the County Clerk of Tarrant County has ascertained the candidates elected to each directorship, he shall forthwith deliver written notice to the governing body of each taxing unit in the tax appraisal district in Tarrant County and to each candidate. 1.3. If a.vacancy occurs on the Board of Directors, it shall be filled by those taxing units which chose the vacant directorship. Each •taxing unit entitled to vote for such position shall submit the name of its nominee to the County Clerk within ten days after notification from - the Board of Directors to the taxing units affected and the County Clerk ..of• the existence of the vacancy, and the County Clerk shall prepare and deliver to the presiding officer of each governing body entitled to es-'s select such director a ballot with the names of all such nominees, as set forth in Paragraph V, #4 above. Such governing body shall within. fifteen days thereafter determine its vote by resolution and submit it 9 .04o the County Clerk. The voting entitlement of each such unit shall be deemed to be the same as in the most recent preceding election for such position. The County Clerk shall, within twenty-five days of notification to the cities, count the votes and proceed as set forth in Paragraph V, V►7 -12 above. VI. The secretary or clerk of this governing board is 'directed to transmit a certified copy of this resolution to the County Clerk of Tarrant county as evidence of a change in the method of selection of the Board of Directors for the tax appraisal district in Tarrant County and as evidence of the new method of selection adopted by three- fourths of the taxing. units that are entitled to vote on the appointment of members of a district's Board' of Directors pursuant to Section 6,03(i) of the Property Tax Code. r" ,r- Pia used this -- :1.0 404.4.6,40. _c4044•(•4_,- Presiding Officer_ ATTEST: Secretary for '.4.4161111414 SlAmti! DjfJx1cl 43: Fort Wo)th City of Foft Wotth Single Member District 42: fort Worth School - Fort Worth .1 I) Single Member District 1:3: Northast Cities, Towns !. Schools Cities & TOW11:1 lied ford Colleyville Euless Grapevine Haltom City Hurst Keller No. Richland Hills Richland 'iills SouthlaLe Watauga Schools Keller Carroll Grapevine-Colleyvill(2 Hurst-Euless-Bedford(flED) Birdville Singl e Member District 44: Southeast Cities, Towns & Schools Cities & Towns -Arlington Dalworthington Gardens Everman Forest Hill Grand P7airie Kennedale Mansfield Pantego Schools Arlington Kennedalc Mansfield Everman Single Member District 45: West Cities, Towns & Schools (& County of Tarrant if participating) Citie Towns & County - _- Azle Benbrobk Blue Mound Burleson Crowley Edgecliff Village Haslet Lake Worth Lakeside Rive) oaks Saginaw Westover Hills White Settlement County of Tarrant-. (if participating) Schools AY.10 Castleberry Cyowley Fogle ML.-Soginow ).,Lo Worth Northwest White !;ctlThmmt.