HomeMy WebLinkAboutRES 1979-031 RESOLUTION N0. 79-31
A RESOLUTION ESTABLISHING THE METHOD OF
SELECTION OF THE INITIAL BOARD AND ALL
FUTURE BOARDS FOR THE TAX APPRAZSAL
DISTRICT OF TARRANT COUNTY.
WHEREAS , the Texas Legislature has passed the Property Tax
"�" Code, otherwise known as Senate Bi11 621 or the Peveto Bill,
instituting central tax appraisal districts for each county of
the State of Texas , effective January 1, 1980;
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AND, WHEREAS , the first five-membex governing board of the
central tax appraisal district in Tarrant County wi11 be selected
by the participating governmental subdivisions in the Fa11 of 1979 ;
AND, WHEREAS , the cities , towns and school districts , which
will participate in selection of the i.nitial f�ve-member governing
board of the central tax appraisal district �or Tarrant County
desire to provide a fair and democratic method for selection of the
initial five-member governing board and future governi.ng boards ;
AND, WHEREAS , the cities , towns and school districts , which
will participate in the selection of such initi.al five-member
governing board desire to afford to each area and community o�
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 selection of the �nitial �ive-member govern�ng
board desire to afford to each broad area and commun�.ty of interest
in Tarrant County one member of the initial �ive-member governing
board who will be responsible to that particular area or community
� of interest in Tarrant County;
�r AND, WHEREAS , a failure of all of the cities , towns and school
districts in Tarrant County to agree upon a method of se�ection of
each member of the board from a particular area of community of
interest will result in members of the governing board not being
directly answerable to any particular area or community of interest ;
AT�TD, WHEREAS , Section 6 . Q3 o.f the Property Tax Code provides
for the selection of a five-member Board of Directors by a method
involving voting weighted for taxation levels with cumulative voting
allowed;
AND, WHEREAS , utilization of the single member district concept
mutually desired by the cities , towns and school distr�cts would
result in the school districts havi.ng a greater weighted vote
total than the cities in each of three single member districts ;
AND, WHEREAS , affording one vote to each governmental entity
entitled to vote within each sing�.e member distr�ct would allow 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 �rovide 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(�) of the �roperty Tax Code allows
the number of inembers of the Board of Directors , as taell as the
method of selection thereof to be changed by the governing bod�es
of three-quarters of the taxing units entitled to vote on the
appointment of a district ' s Board of Directors ;
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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 (i) of the Property Tax Code, but desire to leave �ntact the
five member composition of such Board provided by the Property Tax
Code;
,�,,,, AND, WHEREAS , the common good and interest wi�.l be best
served by fair and adequate representat�on o� a1.1 tax�.ng entities
in Tarrant County entitled to vote;
�""' NOW, THEREFORE , BE IT RESOLVED, by the City of Grapev�.ne,
Texas , as follows that :
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THREE-FOURTHS VOTE CHANGE
The method of selection of the initiaJ. board and a�.1 future
boards for the tax appraisal district of Tarrant County is hereby
changed by resolution of the governing boards o� three-fourths of
the taxing units in Tarrant County entit�ed to vote under the
Property Tax Code as provided hereafter.
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SINGLE MEMB�� DISTRICTS
l. The tax appraisal district in Tarrant County �s hereby
divided into five single member districts as �oll,ows :
Single Member District 1: Fort Worth City
�' Single Member District 2 : Forth Worth School
� Single Member District 3 : Northeast c�ties , towns & schools
Single Member Distr�ct 4: Southeast cities , towns & schools
Single Member District 5 : Tnlest cities , towns & schools (and)
County of Tarrant i� participating
2. "Single Member District 3 : Northeast cities , towns and
schools" is defined as those incorporated c�t�es and towns and school
districts , other than the City o� Fort Worth and the Fort Worth
Independent School District, which are located wholly or partially
in Tarrant County and the majority of i.ts territory wh�ch 1�es w�.thin
Tarrant County is located north of the Tr�nity R�ver and east o,f
Interstate 35W.
3 . "Single Member Distr�ct 4: Southeast c�t�es , towns and
schools" is defined as those incorporated cities and towns and
school districts , other than the City of Fort Wozth and the Fort
Worth Independent School District, which are l.ocated wholly or
partially in Tarrant County and the znaj or�.ty o� �ts terr�tory wha�ch
lies within Tarrant County is located south of the Trinity River
and east of Interstate 35W.
a� 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 and the Fort Wort� Zndependent
�, School District which are located wholly or part�al.].y �n Tarrant
County and the majority of its territory w��ch l.ies within Tarrant
County is located west of Interstate 35W, and the County of
Tarrant if it elects to participate.
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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 �ereunder
� (and the County if participating) may vote only �or those
candidates running for the directorship fxom the s�ng�e member
district in which such city, town or school d�strict �s �ocated,
as set forth in Paragraph II, 1-4 above. The County of Tarrant ,
if participating, may vote only in single member district 5 .
III .
NOMINATIONS
1. Each taxing unit entitled to vote hereunder may nominate
by resolution of its governing body ane candidate �or that pos�t�on
to be filled on the Board o� Dixectors �rom that single member
district .
2. The nominating reso�.ution of the govezning bodies of the
taxing units shall clearly set forth the fu11 name and address of
each candidate nominated and sha�l clearly set forth t�ie single
member district for which such person is nomin.ated as follows :
Single Member District 1. : Fort [�torth City -
Name o� candidate, address
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Single Member District 2 : Fort Worth School -
Name of candidate, address
� Single Member District 3 : Northeast c�t�es ,towns & schools-
Name o� candidate, address
Single r�Iember District 4: Southeast cities , towns & schools-
Name of candidate , address
Single Member District 5 : West c�ties , towns & schools (and
County o� Tazrant if �articipating) -
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 s�a11 certi�£y that the candi-
dates nominated are currentl.y residents o� the tax appra�.sal d�str�ct
in Tarrant County and have been residents o� the s�ngle member
district they are being nominated to represent for at least t`ao years .
5 . The presiding officer o� the govern�ng body o� each unit
making a nomination shall submit the name o� t�.e un�.t' s nom�nee to
the County Clerk of Tarrant County be�ore Octob�r 1.5 0� 1979 , and
�^ before October 15 of each odd-numbered year thereafter .
IV.
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NUMBER OF VOTES
1. The City of Fort Worth sha11 have the one-and-only vote
for selection of the Director from single member d�str�ct 1..
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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 cities , towns and school
districts (and County of Tarrant if participat�ng) in s�.ngJ.e
�* member districts 3 , 4 and 5 shall be determined as follows :
a. In each of such single member distr�cts 3 , 4 and
�,,,,�, 5 , each city of town which was in ex�stence for any port�on 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, regardl.ess 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 s�ngle
member district 5 .
b. The total number of votes allocated to the c�ties
in a particular single member district shal�. be ascertained by
the County Clerk of Tarrant County.
c. In each of such single member di.stricts 3 , /� and 5
each school district which was in existence for any portion of
the even-numbered year immediatel.y preced�.ng an odd-numbered e�.ection
year, and which imposed taxes �or such even-numbered year sI1a11 have
voting rights as hereafter provided.
d. Collectively, al.l of the school d�.str�cts which
have voting rights in a particular sing�.e member district shall
be entitled to exactly the same number of votes collective�.y
�""' possessed by the cities and towns in such s�ngle member district ,
� or in the case of single member district 5 , exactl.y the same number
�,,,,, of votes collectively possessed by cit�es and to�ans , and the County
of Tarrant if participating, resulti.ng 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 parti-
cipating) in the same single member district.
e. For each election year, the collect�ve votes to
which the school districts a.n a sing�e member d�.strict aze ent�tled
shall be allocated among the school districts by div�da�ng the
total number of votes allocated to the cities and towns �n that
single member district by the total number o� school districts in
that single member district and a1.l.ocating to each school district
its fractional part of the votes to be cast .
f. Should the number of school distr�cts entitled to
vote hereunder in a given single member district ever exceed the
number of cities and towns entit�.ed to vote �.ereunder in such
single member district, the col�.ecti�ve tota�. of votes all.ocated to
such school districts shall neverthel.ess not exceed the col7.ective
vote allocated to the cities and to�ns (and County if participating}
in such single member district entit�ed to vote hereunder, but
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such collective totals sha�.l remain equa]..
g. In allocating the votes among the var�ous school
districts , the County Clerk may util.ize fract�.ons of a vote.
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V.
VOTING
l. Before September 1 of each off-numl�ered e�.ect�.on year,
each city, town an school distr�ct parti.cipating �n the tax a�praisal
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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 such city,
town� or school district might be entitled to vote hereunder.
�""' 2 . On or before September 1Q of each odd-numbered election
year, the County Clerk of Tarrant County sha�l noti�y each school
district of the total number of votes which the cit�es 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 s�ngle member
district collectively possess .
3. The County Clerk shall determine the number o� votes to
which each taxing unit is entitled by ut�l�zing the method set
forth in this resolution and sha11 deliver written not�ce 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 di�trict
the candidates alphabetica�ly according to the first letter in each
candidate' s surname, and shall de�iver a copy of the ballot to the
presiding officer of the govexning body o� each taxing unit that is
entitled to vote. The County Clerk sha11 des�gnate on t�e �a11ot
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 subm�t �t to the County
� Clerk of Tarrant County before November 15 of each odd-numbered year.
�w 6. The person selected by reso�ution 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 Aistrict
shall be declared by the County Clerk as e�ected to fill the
directorships in a single membez d�strict 1 and s�ngle member district
2 , respectively.
7 . As to single member districts 3 , 4 and 5 , the County Clerk
shall count the votes and declare that cand�date in each of such
single member districts who receives a majority of the votes cast
in such single member district , if any, to be e�ected. A major�ty
shall be considered to be any number or fraction thereo� greater
than one-half of the votes cast. If there �s a candidate elected
by majority 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 appraisal district in Tarrant County and to each of the
candidates .
8. In the event of a tie vote in single member distr�ct 3 ,
4 or 5 , the County Judge of Tarrant Caunty shall have the rig�t
,�, 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 sha�l be held by the County C�erk as
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hereinafter provided.
9 . In the event no candidate receives a major�ty, the County
Clerk shall conduct a run-off electian �or �he two candidates re-
ceiving the highest number of votes in such single member district.
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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 vote in order to break
the tie.
10. In any case where the County Judge o� Tarrant County
,,,�,,, may cast a tie vote hereunder, the fo�.lowing procedure sha�.1 be
utilized: the County Clerk, after counting the votes , shall
notify the County Judge in writing within three days o� 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 return�ng such reso7,ution
to the County Clerk. If the County Judge is for any reason
unavailable to cast a tie-breaking vote for tnore than ten days
after the notification of his o�f�ce by the Clerk, the duty to
cast the tie-breaking vote sha11. immediately devalve u�on the
Commissioners ' Court of Tarrant County who shall forthwith exexc�se
this duty by resolution of the Court.
11. After eounting the votes , shau�.d the County Cl.erk determing
it is necessary to hold a run-o�� elect�.on in s�.ng�.e member distr�cts
3 , 4 or 5 , he shall forthwith prepare a xun-of� baJ.lot list�.ng the top
two run-off candidates alphabet�.cally and submit the same to the
governing bodies of each taxing uni.t entitled to vote in that single
member district. He shall perform this duty within ten days . The
governing 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
receipt of the ballot.
12 . When the County Clerk of Tarrant County has ascertained
�* the candidates elected to each directorship, he shall �orthwith
deliver written notice to the governing body of each taxing unit in
� the tax appraisal district in Tarrant County and to each cand�date.
13. If a vacancy occurs on the Board Qf D�.rectors , �t shall be
filled by those taxing units which chose the vacant d�rectorship .
Each taxing unit entitled to vote for such posit�on sha11 submit the
name of its nominee to the County Clerk within ten days a�ter
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 o�,ficer of each
governing body entitled to select suck� director a ballot with the
names of all such nominees , as set forth in �aragraph V, ���+ above.
Such governing body shall within fifteen days therea�ter determine
its vote by resolut�on and subm�t �.t to the County Clexk. The
voting entitlement of each such unit sha7.1. be deemed to be the same
as in the most recent preceding election for such posit�on. The
County Clerk shall, within twenty-��ve days a� nat��icat�.on to the
cities , count the votes and proceed as set forth �.n �aragraph V,
��7-12 above.
VI.
The secretary or cl.erk of this governing board is directed to
� transmit a certified copy of this resolution to the County Cl.erk of
Tarrant county as evidence of a change in the method o� selection o�
' the Board of Directors for the tax appra�sa�. distxict in Tarrant
�,,,,,, County and as evidence of the new method of selection adopted by
three-fourths of the taxing units that are ent�tled to vote on the
appointment of inembers of a district ' s �oard o� Directors pursuant
to Section 6 . 03 (i) of the Property Tax Code.
PASSED & APPROVED on this the llth day of September ,
1979 , by the City Council of the City o G�r—apevine , Texas .
�+ � ,
MAYOR PRO-TEM
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ATTEST :
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C TY ECRE A Y
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EXHIBIT A
TAXING JURISDICTION
Single Member District ��1 :
Fort Worth City
City o Fort Worth
Single Member District ��2 :
Fort Worth School
Fort Wort IS.D
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Single Member District ��3 :
Northeast Cities , Towns & Schools
�"""' Cities & Towns
Bed or
Colleyville
Euless
Grapevine
Haltom City
Hurst
Keller
North Richland Hills
Richland Hills
Southlake
Watauga
Schools
Keller
Carroll
Grapevine-Colleyville
Hurst-Euless-Bedford (HEB)
Birdville
Single Member District ��4:
''"""' Southeast Cities , Towns & Schools
Cities & Towns
� Arlington
Dalworthington Gardens
Everman
Forest Hill
Grand Prairie
Kennedale
Mansfield
Pantego
�chools
Ar ington
Kennedale
Mansfield
Everman
Single Member District ��5 :
West Cities , Towns & Schools
�& County o Tarranr i participating)
Cities , Towns , & Count
Az e Haslet
Benbrook Lake Worth
�. Blue Mouna Lakeside
Burleson River Oaks
Crowley Saginaw
� Edgecliff Village Westover Hills
White Settlement County of Tarrant (if participating)
--------- Schools
Az e La e Worth
Castleberry Northwest
Crowley White Sett�_ement
Eagle Mt. -Saginaw