HomeMy WebLinkAboutResolution 1979-020
RESOLUTION NO.
19--27J
W:¡:';RFA;-), the Texas Lcqislat:urc ha::; pa::;:o.ed the Prop(~rl.:.y '}'ax Cor)J~,
c:.hcnvi,;c known as SmJùte Bill 621 or the P(,~veto Bill, inr;titutincj
Cc!,tI'al tax appra:isal d:i::.;tricts for each count:y of the Stab~ of 'l'c~xas,
effective January 1, 1980;
AND, WHEREAS, the first five-member governillg 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-
incJ boun1 of 'I.:.he centl-al tax appraisal di::òtrict for Tarrant County
desire to provide a fair and democratic method for selection of the
initial five-member governing board and future governing boares;
AND, WHEREAS, the cities, towns and school districts,
which wi] 1. participê,t(~ in the selection of such initial five-member
governing board def.:d.re to afford to each area and communit:.y of interest
in Tarrant County a full opportunity to have input into the selection
J?roc()ss t
AND, \\fHEEE-ì1.S¡ the citjes tmvns and school distric'u';,
WhlCh will participate in selecti~n of the initiQl five-member govern-
ing board desire to afford to each broad area and community of interest
in Tarrant County one member of the initial five-member governing board
vJho will be responsible to that particular area or corruml0.ity of intc,~r2~:;t
in Torrant County;
AND WHEREAS, a failure of all of the citicf3, towns and schocl
districts in Tarrant County to agroe upon a metho~ of selec~ion of
each member of the board from a paJ:ticular axea, Or COTIU1l1.mJty of
interest will resuJt in members of the governjng board not being
eLl rectly ansí\'erable 1:.0 an:)! particular ,Jxea or co¡mnûnity of Ü~terest;
AND! Vi1HEIŒÞ5, Section 6.03 of the Property 'rax Code provides for
tho selection of a five-member Board ûf Directors by a method involv-
Lnq voLLnq w(èiC]hted for -tax¿:ltion lc:veJ.s with cumu] aLive voting allowedí
AND, VnmHE7\S, util iza Lion of the sin<Jlc~ rf1cmber district concept
muhl.:è.Lly desired by t:.hc CJ.tJ_cs,tovJns and school d:LsLJ:icts
would r'e~;ul t in the ::;chool c1.-¡ st:rictf.' ]1:1\1 :ing éì errea tor weiqhtc'd vote
toLd. tJldn thc' cit.:i c:s j 11 each of UŒC(~ :;inglc~ mcmbc~:r districU,;
-. ') _.
....
AND ¡ vmEIŒ1\S I a.ffordinc¡ onc; vote: to each <JovcrnmencD,l entity
cntit:lcc1 t.O vo'to \t7Íthin each SiI1C.JJ..c In'·."l'\J,),~_"..r,. (,'} ¡ ,~·t'.·.r.,·,l·('.'l' "'c')uld' ~i r .' L
. ,., -- - Yv . o'::(.11.o'l1c
citjes a C.Jrcater vot·c' t-otc'l]. )'1'1 e'_'c·¡cl' of= th.rnn ~l'_I'l('flc } ,
... -. ~~ _. ~ mcmJcr dlstricts;
AND, WHEREAS, it is tIle desire of the citics, towns and school
districts in Ta.rrant 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, WIIEREAS, 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 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 tIIO 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(i) of the Property Tax Code, but desire to leave intact the
five-member composition of such Board provided by the Property Tax
Codej
AND, vJHEREAS, the cornman go':d é' nd interest: will be best served
by fair and adequate representation of all taxing entities in Tarrant
County entitled to vote;
NOW I rrIŒH.F;FORE I BE IT RESOLVED, by the J.ÜY.....c..Qunci 1 __________.._
of the CHy of North Richland Hills, Te~__ as follows that:
I.
THREE-f'OURTHS VOTE CHANGE
The met:hod of selection of the initial board and all future
boards for
I . ,
t1e tax appra.lsa~
district of 'I'arri.n t
C:(')lln.t.)t :L f~
;;ercby
changed by resolution of the governing boards of three-fourths of
the taxing units in Tarrant County entitled to vole under the Property
Tax Code as provided hereafter.
II.
SINGLE MEMBER DISTRICTS
1. The tax appraÜ::al di.~;tT.i..C:t in T:lrrant County 1.8 hereby
divided intc) five sin(Jle mcmbc'r di~3trict~~ as fol10\ll1s:
- 3 -
Single JVlcmbcr District 1 :
Sin~Jle lVlC'mber Di~ò t:r i c t 2 :
Sinqle Mcmbc~r Disi:.rict 3 :
Sins;le Member District 4 :
For t ~'Jort::h C it y
Fort Worth School
Northeast cities, towns & schools
Southeast cities, towns and schools
Single Member District 5: West cities, towns and schools(Rnd
County of Tarrant if participating)
2. "Sing Ie Member District 3: Northeast C:l tlC~S, towns and schools"
is defined as those incorporated cities and towns and school districts,
other than the City of Fort Wort!1 and the Fort Worth Independent School
District, which are located wholly or partially in Tarrant County and the
majority of its territory which lies within Tarrant County is located
north of the Trinity River and east of Interstate 3SW.
3. "Single Member Distr iet 4: Southeast cities, townf; and schools"
is defined as those incorporated cj,ties and towns and school districts,
other than the City of Fort Worth and the Fort Worth Independent School
District, which are located wholly or partially in Tarrant County and the
majority of its territory which lies within Tarrant County is located
south of the '1'r inity River and east of Inter st.a te 3 SW.
4. "Single Herl1ber Distric·t 5: vJest cities, towns and schoolE;" is
defin.ed a:3 ti10se
incorporated cities
a" -~
. 11t...!
tDwl1S
and
school districts, oth~;~~
than the City of Fort Worth and the Fort worth Independent School District
which are located wholly or partia.lly in rrarrant County and the majority
of its territory which lies 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
di.strict 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 p2rticipating) may vote only for those candidates running fo~
the directorship from the single member district In which such city,
town or school district is located, as set forth in Paragraph II, 1-4
above. The County of Tarrant, if participating, may vote only in single
member dist:rict 5.
III.
NOi-1I NA'I':r ON S
1. E,1Ch t:axiwJ unit cntitled to votc~ horc~undor Ilìay nOfllini1tc; by
n~[;()lut.:i on of its ~Joverninq bocly onc~ c:'lndidate for Lllat po~:;j.ti()n to be
rillc~d on the Uoarc] of D11'('CI:01'::; from Lh:.iI: r;í.nc¡lc 11\C'l\1lJc.r di:¡tl'ict.
- 4 -
:~. 'J'hc nominaL~ing re:30lutions of the governing bodi_c~s of the
taxing units shall clearly set forth the full name and address of
each c2ndiùi.Jlc nominated and shall clea.rly S(~t forth the single mem-
ber district for which su.ch person is nominated as follows:
Single Member District 1: Fort Worth Cit~ -
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 & schoCJ1:::; -
Name of candidate, address
Single Member District 5: West cities, towns & schools (and
County of Tarrant if participatins) -
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 dÜ;t.r ict..
4. Each nominating resoluti)n shall certify that the candidates
nominated are currently residents of the tax apprais~l district in
Tarrant County and have been residents of tJle 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 ClerJc 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 shall have the one-and-only vote for
selection of the Director froln sj.ngle member district 1.
2. The Fort Wortll Independent School District shall have the
one-and-only vote for selection of the Director from sinqle member
distl.ict 2.
3. Th(~ number of votes for the citic~;, to\-II1S ¿Jnd [;chool
di~;lricls (and Count-y of 'I';ln~dnli f partic.LpdLinq) .in sinr¡le
- :) -
member d Ü~tricts 3, 4 and 5 sball be determined as follows:
a. In eacb of such singJe member districts 3, 4 dnd 5,
each city or town which was in existence for any portion of the even-
numbered year immediately preceding an odd-numbered election ye2r,
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 numbe~ 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 district:; 3, 4 and 5
each school district whieh 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 district~3 which have
voting rights in a particular single member district shall be entjtled
to exactly the same number of VOtC3 c.'llectively 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 partici-
pating, resulting in the school districts in each such single member
district having exactly the same nwnber 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 colleci.:ive vo',(~s t.o wl-JÌch
the school districb) in a single member dis'L1::-ict ax'e entitled shall
be allocated among the school districts by diviGing the total number
of votes allocated to the cities and to\lnS in that single member
di str ic t by the tot.a 1 number of school di ;ytr icts in that single
memlx:r di~~tr:ict and allocating to each school district its frac-
tiona] part of the votes to be cast.
- c ,-
f. should the number 0,( school disi:~ricLs en tiLled Lo 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 (Jnd 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-nwubered elecLion year,
each city, town and school district participating in the tax appraisal
district of Tarrant County shall notify the County CJerk of Tarrant
County whether that taxing unit imposed taxes for the even-numbered
year iTI®ediately preceding such election year, and of any additional
fact::; which might affect. in which ::>inçJle menlber district S1. ell ,::ity,
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 t~e school districts in such single memb£r
district collectively possess.
3. The County Clerk shall determine the number of votes to
which each taxing unit is entitled by utilizi.ng the method set forth
in this reso111.tion and shall c]c'livcr written notice to the ¡:n:ef-i:Í.dinq·
officer of the govcrning body of each taxing unit of its voting
entitlerilcnt before Octobc.'r 1. of each elc'cti on year.
- '1 -
4. Before October 30 of each odd-numbcro~¡
year, the County
Clerk shall prop~re a ballot listing within cach
single member dis-
tr ict tl c ]] t ]]
l~ cûncica-es ¿Lp1abetic¿tllv accc)l-dl'rlN¡ to "h f t]
- ..~ c e "irs- otter in
each candidate's surname and sh~l··]
,. ~ CL ..
del:i.ver a
copy of the ballot to
th(~ prc:;f,idinq officer of the governincr bc)c-l'y [
-' :J 0: E::ach taxing un it thai:
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 eac;; taxing unit cnJci tled to vote::
shull determine its vote by resolutj.on 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 e~ected to fill the directorships
1n single member district 1 and single member district 2, respectively.
7. As to single mcmber- districts 3 J 4 and 5, the County ClC':t~k
shùl1 C01Jflt tll(~~ votes aIlcl d2cléì.J:e -tl-lêt."t cü.l"J.d.:L(Iõ.JL\~ J..i.l €:acJl of SÜ.c:l-1 EJl.ll(jJ_S
member districts who receives a majority of the votes cast in such
singJe member district, if any, to be elected. A majority sh~~l be
considered to be any number or fraction thereof greater than one,-half
of the votes cast.
If there is a candidate elected by major~ty vote
in each such single member district, the County Clerk shall deliver
the results of the election before December 1 of each odd-numbered
year to the governing body of each taxing unit in the tax apprais~l
district in Tarrant County and to each of the candidates.
8. In the event of a tie vote in single member district 3,
i~ ():c ~; r t} 1 ~ C: () II 1"1 ~,:. y I..Tl1 (j 9 f'~ ().L: 'T é~ll', l.~ a.rl t C ()1-! J"} t)' f:, 11_~~111 11 ~='.~ \lC) to. 11 (~ J'" .i 9 ]"; t t. ()
cast. :j. sin~Jl.e vote to bre¿"'ck the tie, if the cast.ing of th¿;t vute will
resuJ.t 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 candid~te rcceivcs a majority, the County
Clerk shall conduct a run-off election for the two candidates receiv-
ing the: hi(Jhcf.::t number of votes in f31..1Ch s in91e mc:mbcr d i str ict... If
it i~:; n(~ces~)ary, in order to narrO\\' the run-off field to two cnndi-
d~tC':) bCCllUf,;¡' of ,] tic vote, the> Count.y ,Judc¡c oC 'T'¿l1.Tant County ,;}o,'}J.1
h,lV(, the riqhtto cast: onc' vote ill onlCl~ to brcakthe tic:.
- 8 -
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 vote:;, shall notify the County
Judgc in writing within three days of the necc3sity for the casting
of a tie-breaking vote. The County Judge shall thcn 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 east 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 vot:e shall immediately
devolve upon the CommÜ::sioners I Court of Tarrant County who 8h::111
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 alphabE~l:ically and submit the same to th(~ gov-
erning bodies of each taxing unit entitled to vote in that single mem-
ber district. He shall perform this duty ~?ithin ten days. The gov-
erning body of each taxing unit entitled to vote in that single ¡oember
district in the run-off election shall determine its vote }y resolution
and submit it to the County Clerk within fifteen days of receipt 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 dist.rict in Tùrrant County and to each candidate.
13. If a vacancy occurs on the Board of Direc~ors, it shall be
filled by those taxing units which chose the vacant directorship. Each
taxing unit cntitled to vote for such position shall submit the name of
its nominee to the County Clerk wit:hin ten days aft.c'r 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 prepùre
and deliver to the presiding offi.cer of each governing body entitled to
select such director a ballot with the n~rnes of alJ. such nominees, as
set forth in P¿ìr¿lqraph V, #4 above. Such (jovenLlrHJ body shall vJi thin
flttecn days thereafter determine its vote by rcs()lution and submit it
- ::; -
to tlJ(~ COUll!'.y CIC'l:k. 'J'Ì'lC' vOLin<,! c~llLiLlcmcnt of each ;.:uch un;.:': :.;l1al1
if
t'·
'l
bc' él.ccrnc:cJ to }y.~ th(~ ...;amc~ ¿¡~,; ill th(~ mo~;·t recent prcccdin~ election [en:
such po::;ition. The Cuunty Clc~rl: ;:;hd]}, \·.7:ÍULÏn t.vlCl.....t:y--fivc cL,y[; of
n.otific¿ttion 1.:0 th'.ë:' CJ.L.-LCS, count thc~ vot.CS and procc~cl1 (1:-:: :j':t, forth
i~l Paragl:¿1ph \l, ~f7--12 above.
VI.
'1'he :,ecrcLary or. clerk of Jchir,; governing board is <.1irect:cd 1:.0
tTan:;Flii: él cerc.ificd copy of ·this l:c::;olution to the County Clerk Of
'l'é¡:n:¿mt. county as evicIcnce of él chanç;c: in t.hc: rr.et.hod of sclectic.m of
the Üo¿trd of Directo:c::; for the -tax ¿tl'I-Œ¿'.i3¿:.l di:;trict in Ta:rrémt. Co-lln::y
and as evidence of the new method of selection Ðdopted by three-fourths
of the taxing units that are entitled to vote on the appointmen~ of
members of a district's Board of Direct.ors pursuant to Section 6,03 (i)
of the Property Tax Code.
{~t.I'
(
Passed and approved th'i s
IL)
day Of~~..~..-', 1979.
;/
APPROVED:
~:;V.~
. -.------.----.--
_.
Dick Faram, Mayor
ATTEST:
.:>
f
II ~
,,~.' Ii. 1 .' f/ ^
O~~~~&U¿/-~-~-~ ~1/C~~1~--P-'I-~1-:::---:;2.--
--7? - . -. . Den\J€r t·~ills, ,ounel man ace
\.l,panette hoore~ .Clty Sec~etary '-/ r} 4
r.Hy of Nort.h Rlçh1and Hllls) Texns C?x0~Ýìk- ý7jti¿~?:~~---------
" . L~" nile ,R"eeÖ,er, CO,"",ClhJOman Place 2
P.PPf(~v::!J;:J:9 FOm1 ANO ~EGAL!~:: _ J017'1¿ß&c 0j.j1L1!{i'd¿ ~M~__~__
--PLi~¿!--_~"ames Uood, Counell"a" Place 3
Rex f'ÎcEntire, City Attorney _~_ 7iifÆl~4ß..:::&:f;- . .-----
John H. fllcheì'fer, Jr., Counellman Place 4
~- -, ·0') ( CJ. ;f
" , '(f . ~-'r'~ + ~ ..L......:- .If
;-'E_.:~__~~=-_._~~,::",,~k_~''--::'::, ,:...',1&.::.-:::--=:;=:::-----
-Sidney Cavanauoh, Councilm'Rn Place 5
J.I "
--~--¿~.~._--_._--
rt-~ ca7CQU; ;;~~:~ 6
1~:~~G5 urrc~ïañ-'-r)1-a ce -r=-':'c:c:-~
t.'
\,