HomeMy WebLinkAboutCity Council Resolutions (R-79-202)-09/13/1979
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RESOLUTIon NO. R-79-202
the 1exas Legislature has pas set the Property Tax
Code, otherwise known ~s Senate Bill 621 or the Peveto
Bill, instituting cent~al tax appraisal districts for
each ccunty of the State of Texas, E.'ffective January
1, 1980: and,
t.he first five-member governing board o:'~ the cent.ral
tax appr~isal district in Tarrant County will be select-
ed by the particIpating governmental subdivisions in
the Fall of 1979, and,
the eit.ies, towns and school districts, which will
fCi.rticipate in selection of the initial. five-member
governing board of the central tax appraisal district
for Tarrant County de~ire to provide a fair and demo-
cratic method for seJection of the initial five-member
governing board and future governing boards: and,
the cities, towns and school districts, which will
participate in the' selE:ction of such initial fi ve-
member governing board desire to afford "\:0 E:'2.~h area
f1nd ~~ommuni';:.y of interest in Tarrant County '" fl.:ll
opportunity to have input into the selection process:
and,
the cities, towns and school districts, which will
parti~ipate in selection of the initial five-member
governing board desire to afford to e2ch brood area and
community of interest in Tarrant County one member of
t.he ini tial five-member governing board ,,,rho wiLt be
responsible to that particular 2.rea or community of
interest :'i;. Tarrant County: and,
a failure of all of the cities. towns and school
districts in Tarrant Couney to agree upon a method
of selection of each member of the board from a parti-
cular area or community of interest will result in
members af the govsrrling board not being directly
answerable to any particular area or community of
interest.: and,
Section 6.03 o:f... the Property Tax Code provices for
the selectic!1 oi a frve-member :Board of Dirf'"('~:..or::; by
a method in'\?oly:...ng voting wei,gbted for taxat.ion levels
with cum::~laciv'e voting allm'ed: and,
ut.:.:i isatio;.'. of the sin!!ll,: member ciL:ctrict concept
mu'..a(--ll.:'~y desired by t'-;.~ cities, '..:owns and school
dist:::i.c~:s would resule in the schbo':" diiStricts ';..? ving
a gr0ater weighted vote tob3i1 than the ci tied in (:aCJ.l
0:2' thrE:e singl'2; memr.c;r district:s; a,:'~d,
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WHEREAS, affording one vote to ea~h governmental entity en-
titled to vote within each single member district
would afford the cities a greater vote total in each
of three single member districts; and,
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WHEREAS, it 1s the desire of the ai,ties, towns and school d:~s-
tricts in Tarrant County to compromise and provide a
methoG w~ich would favor neither the school districts
as a group, nor the cities and towns as a group; and,
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WHEREAS, Section 6.03(i) of the Property Tax Code allows the
number of members of the Board of Directors, as well
as the method of selectj~,on thereof to be changed by the
governing bodies of three-quarters of the taxing units
entitled to vote on the appointment of a districtls
Boe.rd of Directors; -and,
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th~ee-fourths of the cities, towns and school di3-
tricts entitled to vote on the appointment of a dis-
trict's Board of Directors in Tarrant' Couni::.y desire to
cha~;ge the :neth:xl,of selection of stich Board of Direc-
tors as allowEid by Section 6.03 (i) of ,the Property
Tax Code, but desire to leav;,~ in-::act the five-member
composi tion of such Board provided by the Propt':rt.y Tax
CodE; and, ,
the common gooj and interest will be best served by
f~ir and adequate representation of all taxing entiti~s
in Tarrant County entitled to vote; NOW, THEREFORE,
16 BE IT RESDLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE,
TEXAS:
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Sec. 1.
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Sec. 2.
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Three-Fourths Vot~ Change - The me~hod of se:ection
of the initial-board and all fu'i::urc 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 here-
af't2r.
Si~~le Me~ber Districts
1. The .tax~ppraisal district in Tarran'C:. County i~
hereoy di ~ridf;'d into five single member distric'ts as
follows:
Sing.Le l1ember District 1 : Fort Worth City
Sing1.e Me Llbe r District 2 : Fo::-t North School
Si:1gle l'ie robe r Dist:;::'ict 3: Nor-c.heast aities,
towns and schools
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Single l-1ember Dist,rict 4 ~ Southeast cities, tm,-,~s
and schools
Single Member District 5: West cities, towr-s and
schools ,and Count:'l of
Tarrant if participat-
ing}
2. "Single Member District 3: Northeast cities, t'J~ms
and sl~hoois" is defined as those incorporated ci ties and
towns and school districts, other than the Ci;:y of Fort
Werth and the Fort Worth Independent School District,
which are located wholly or partially in ~('Clrrant County
and the majcr:',.ty of its territ.ory which lies within
Tarram: County is located nm:"ch of the Trinity River
aLa east of Interstate 35W.
3. "Single !:liember Dfs'cr::'.ct 4: Southeast cities" towns
\:iTId tH::hools" is defined as those incorporated cities and
'C.:>W:\3. and school dist:cicts, othe::.tha~l the City cf Fort
North and the Fort Worth J:r.d::::pendent Schcol D1::1trict..
.I<'lhi..:;h are loce,bed wholly 01.' partj,~lly in Ta:r:ra.i.t: County
a:1d i::he ma] ori ty of i .~:s terri "tory wb,ich :Lies 'Ili thir~
'I-arrant:. County 1s located south of the "?::."inity niver'
and east of Interstate 35W.
.~. if S.:'x;'gle Hernb,2;r Distr~;.ct. 5: West cities, tmvns ci!H_~,
schools" is defined a~ ~hose incorporated cities and
towns and school dit;trict,E', otr..e:;:thar:, the Ch:.y of. Fert
Worth c.~'lc. ';:he F'ort Xo;:.,"J:h :ndeper.dent S~hoo:;' Distrj~c.t
which are 10ccLted wholly Of" parti.c.lly in ~1~C;r:i::ant County
and the majority of its ~e~ritory which lies withi~
Tarrant County and the m~j(...,rity at its territory \~'hidl
J.iiSS v:d:h.in T'al::C'a:il: Count~{ i.s loco'ted west oi Interstate
35';''1. and. the:::o'.:ncy of 'l'arrant if it eJ.ects ':':0 partici-
pate.
5. The initJ.al C!OIrlJ?os:l_tion for t.he yea:: 1979 ':.>f each
sL"lg1e merrID~r d:~strict shall b= ac., set fo:~th in Exhibi.t
A attacned hereto.
6. 0:r.e and only one d;.l:'c:('t.Ol: shall be se:.ccted fJ:on:
(~~och of the f~.ve sing1.€-: m2mber dist:t'ic'c.:s :Li'3b:~e above.
7. Ci tie~;\ J '~:O~1':13 c1.nd, schools em:i tIed to vcd:e hc;:,reur.uer
(a!ld the: COUllty if pClrticipe.ting) may vote onJ_y for those
ce:t.dida';:e2' run:1ing for the directorship from -thc.; sing~.e
rr:erner district in ,,/hich ~u.ch cJ. bT, tm,m or school
district is located, as set forth-in Section 2, i-4
,~,brJe. The County of Tar:cant, if participating, racy
vote or~ly :tn sing:.e metnbeJ:' district 5.
N'0;:,[lU1.:i'I::..ons
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1. gach taxing unit entitled to vote hereunder may
nominate by resolution of its governing body one ~andi-
date for that positi6n to be filled on the BOard of
Directors from that single member district.
2. The nominating resolutions of the governin~ bodl~s
of t.he taxing units shall clearly Set forth the full
name and address of each candidate nominated and s~all
clearly set forth the single member district for which
such person is nominated as follows:
Single ~rember District 1: Fort Wort.h City -
Name of candidate,
Address
Single Member District 2: Fort Worth Scheol --
Name of Candidate,
Address
. Single Melllber District 3: Northeast cities, towns
& schools-
Name of candidate,
Addre s s'
Single Member District 4: Southeast cities, towns
lit schools-
Name of candidate,
Address
Single Member District 5: West cities, towns &
schools (and County of
Tarrant if participating)-
Name of ca~ldidate,
Address.
3. Ho governing body is required to make norninations~
nor must a nominating resolution of a governing body
nominate a candidate in each district.
4. Each nominating resolution shall certify that the
candidates nomina'!::ed are currently residents of the tax
appraisal district in Tarrant County and have been resi-
dents of the single member district they are being no~
inated to represent for at least two years.
5. The presiding officer of the governing body of each
unit making a nomination shall Submit the name of the
unit's nominee to the County Clerk of Tarrant County be-
fore Octobe;c 15 of 1979, and before October 15 of each
odd-numbe~ year thereafter.
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1. The City of Fort Worth shall have the one-and-on1y
vote for selection of tne Director from single member
district 1.
2. The Fort Worth Independent School District shall have
the one-and-on1y vote for selection of the Director from
single member district 2.
3. The number of votes for the cities, towns and school
districts (and County of Tart'ant if participating) in
single member districts 3, 4 and 5 shall be determined
as follows:
(a) In each of such single member districts 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 Pro-
perty Tax Code. The County of Tarrant, if it parti-
cipates, is entitled to one vote in single member
district 5.
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(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 exactly the same num-
ber of votes collectively possessed by the cities
and towns in such single member district, or in the
case of single member district 5~ exactly the same
number of votes collectively possessed by cities and
towns, and the County of Tarrant if participating,
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
dist.rict"
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(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 districts 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 distric,t
and allocating to each school district its fraction-
al part of the votes to be cast.
(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 district~ 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 col-
lecti ve totals shall remain equal,.
(g) In allocating the votes among the various
school districts, the County Clerk may utilize
fractions of a vote.
Voting
1. Before September 1 of each odd-numbered election
~ year, each city, to\'m 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
merrher district such city, town or school district might
be entitled to vote hereunder.
2. On or before September 10 of each odd-numbered elec-
tion year.tthe 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 dis-
tracts 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 nurr~er 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 govern-
ing body of each taxing unit of its voting entitlement
before October I of each election year.
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4. Before October 30 of each odd-numbered year, the
County Clerk shall prepare a ballot listing within each
single member district 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 trans-
mitted is entitled to vote.
5. The governing body of each taxing unit entitled to
vote shall determine its vote by resolution and slIDmit
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 ase:lec:ted to fill the directorships in
single member district 1 and single menmer 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 distric,t,
the County Clerk shall certify the results of the elec-
tion before December 1 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 ~vent 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; othen~ise, a run-off shall be
held by the County Clerk as hereinafter provided.
9. In the event no candidate receives a majority, the
County Clerk shall conduct a run-off election for the
single member district. If it is necessary: in order to
narrow the run-off field to two candidates because of a
tie vote, the County Judge of Tarrant County shall have
the right to cast one ~ote in order to break the tie.
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10. In any case where 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 Judqe shall then sign a writ-
ten resolution within an additional three-day period
casting the tie-breaking vote and returning such resolu-
tion to the County Clerk. If the County Judge is for
any reason unavailable to cast a tie-breaking vote
for more than ten days aft.er the no,tification of his
office by the Clerk, the duty to cast t.he tie-breaking
vote shall immediately devolve upon the Conrnissioners'
Court of Tarrant County who shall forthwi.th exercise
this duty by resolut~on of the Court.
11. After counting tqe 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 forth-
\lrith,prepare a run-off ballot listing the top 'cwo run-
off candidates alphabet.ically and submit the same to the
governing bodies of each taxing unit entitled to vote
in that single meniber district. He shall perform thi.s
duty within ten days. The governing body of each tax-
ing 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
f~fteen days of receipt of the ballot.
12. When the County Clerk of Tarrant County has ascer-
tained the candidates elected to each directorship, he
shall forthwith deliver written notice to the gcverning
body of each taxing unit in the tax appraisal dis,trict
in Tarrant County and to each candidate.
13. If a vacancy occurs on the Board of Directcrs~ 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 Directo.r:s to the taxing units affected
and the County Clerk of the existence of the vacancy,
and the County Clerk shall prepare and deli.ver to the
presiding officer of each governing body entitled to
select such director a balloi: with the names of all such
nominees~ as set forth in Section 5, #4 above. Such
governing body shall within fifteen days thereafter
determine its ,rote by resolution and submit it to the
County Clerk. The voting entitlement of each such unit
shall be deemed t.o 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
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cities, count the votes and proceed as set forth in
Section 5, #7-12 above.
The secretary or clerk of this governing board is direct-I'
ed to transmit a certified copy of this resolution to
the County Clerk of Tarrant County as evidence of a I
change in the method of selection of the Board of Dir- I
ectors' 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.
./.1 .
/.1 to
, 1979.
o
this
/~-rtday of .
CITY OF CQLLEYVILLE
By: ~ ~
Buck Hubbard, 1ayor
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a ad Johnson
City Secretary
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20 'lll.~oss 1. Foster
.1 Cl ty Attorney
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legality:
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