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1979-029CITY OF SOUTHLAKE RESOLUTION NO. 79-29 W:1t;V];;•K, Lho 'I xa:. Wyihlalml-P Wn Inssyd Lhu Property Tax Code, oi_hur„i ne }:flown as Mi:Nu Bill 621 or tho Pcvato Bill , i.nstAutind centralral tax appraisal districts Yor each c ounLy of: the State of Texas? ef-f_ecLAve January 1, 19M AND, MII'.NEAS, Lhe first I Wo. --member governing board of the con- tral tax a1q1T-aisal l-. ntricL in Tdr- ant County will be selecud by the hartic:ipot ing governmental subdivisions in the Fall of 1979; AND, the cities;, towns and school districts, which r.'i-11 pa Licipate in selection of the initial five -member govern -- incl }marc of Lhe central- tax appraisal district for Tarrant County desire to prop i.,1e a fair and dcmocratic method for selection of the initial f ivu--ve alb r gov erniny boaLd and future governing boards; l;ND, the Cities, towns and school dist.r acts, which wi-1 i participate in the scl ec Lion of such initial five -member govcrnLng }.)Jaid desire to d-C1=ord to each area and community M interest in Tarrant County a full- opportlln k y to have input into the selection the cities, town -,s and Cr,hcX:! districts, which veil -1 pa c hici pa ce in select -.ion of the initial five-menber govern- ing boc rd desire to afford to each broad area and community of interest in Torrant County one mcmber of the initiot five -member governing board who will he ropponsible to that particular_ area or community of interest. in Tarrnnt County; Al'JD, l';iI ?1:1?r?: a failure of all of the cities, towns and school di.Lr.i-cts in Tarrant County to agree upon a method of selection of each mcl her of the board from a particular area or comounity Of illi:crcr :. w i-1 7 result: in members of Line governing board not being directly an:,wurable to any particular area or community Of interest; AND, ;1ill,;;t':1 , Section 6,03 of the Property Tax Codc provides for tilt; ":'%Y ro:i-d 4' f Directorss ty a method invol v - incl voting wa' i ahLod Eur taxation luvals with cumulativeve voting allowed; ANfl, lil;i,(;;„, >_ili-1.i.nLinn of the sinqlc member district concept mutunlly doq i rad by the c i t-i.er , Lowna and school districts would rose I I in 1_1ic. tu: ir” I d i KLr i c: L:; h,lv.i.nq a dl -c atur weighLed vote tol,_ii l 11 ;!n t: -h, Mipq in each of t bloc s:inglo member districts; ANID, WHEP1';AS, of Forel i ,-Icl one voLc to each governmental entity Unt..iL-lud L.o vole_(, wi.t--hin c-,iclh ii,llc: mumhcr di._;Lrict would afford the cities a (1r(_-ater vc>tc to[ -_c11 in each of three single member districts; P,ND, W111 l-1EAS, iL is lIr<< u(_ -,sire of the cities, towns and school distric,Ls in Tar.r,.uit County Lo compromise and provide a method which would favor neiLher l.he school_ districLs as a group, nor the cities and towns as a group; AND, WHEREAS, Section 6.03(1) of the Property Tax Code allows the nuwduo,- 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 )f the tying units entitled to vote on the appoinL-- men L- of a district's Board of Directors; AND, WIIERIEA 1, of th. cities, towns and school_ districts entitled to vote on tho appointment of a district's Board of D.i rcc Lo s Ji, T<<ri-,-,nt Coi n Ly desire to change the method of selection of s>>;.': "pard of Dit-cctors as allowed by Section 6.03(i) of: l -.he Pro]_'cLty Tux Code, buL des=ire to leave intact the f ive -me_i, l.;er compo.; i. t i_on of r_trch Board provided by -the Property Tax Code; AND, l-dIILREAS, the common good and interest will be b ist served by fair and adc_:qu«Le repr(.sen tat ion of all taxing entities in Tarrant County entitled to voLe; NObti', THEREFORE, BE IT RESOLVED, by the City Council of City of Southlake as follows that: I. TIIREE-FOURTHS VOTE CHANGE Thu method of selocLion of the initial board and all future boards for the tax appraisal district of Tarrant County is hereby changed by reso I.ution of the governing bo,.ij.c1:; of three-fourths of Lhe tax -Incl u;ri Ls in Tarrant County crititl cid to vote under the Property Tax Code .1:3 provided hereafter. II. SINGLE MEMBER DTSTPICTS 1. tax appraisal. district in Tarrant- Country is hereby divided inl_c; 1'.ivu s-ingle member districts as fellows: I 1 1 3 - S i 1) 1, c- M C III I-) c r T) i ,-; t I -J (, L J sill (I le Melli5c.1- D i s Ir ict 2 Sinfj -I (--, MetitL,er DJ stric-L 3 : S(I inclTo Mejilbc.,L: DistricL 4 Si.n(Ile Plember 5: 2. "Single Member DisLricL 3: is defined as those incoi-porated cities and towns and school districts, other than the C.ity of Foi*L wocth and the Fort Worth Independent School Fort Worth City which are locaLod wh(.AAy or I-)artially in Tarrant County and the majority of it L: territory which lios, within Tarrant County is located north of Fort Vlorth School Northe-st cities, towns schools Soot-h(,;ist cities, towns and schoois wc:sL cities, towns and schools (arid County of Tarrant if participating) Northeast cities , towns and schools"1!.!,*,4"1:. is defined as those incoi-porated cities and towns and school districts, other than the C.ity of Foi*L wocth and the Fort Worth Independent School District, which are locaLod wh(.AAy or I-)artially in Tarrant County and the majority of it L: territory which lios, within Tarrant County is located north of the Trinity River and east of Interstate 35W. 3. "Single Member D-1-sLrj-cL 4: Southeast cities, towns and schools".' is defilie-d as thoso incorporat(-.d cities and towns and school. districts, othe). than the City of Foi-L vlorth and the Fort Worth Independent School Di:strict, which care locl-'L',:(-(A wl,olly or partially in Tarrant County and the majority of its terriLory whicli lies ,.,it.hin Tarrant County is located souLji of the. Trinity and east- of Interstate 3511. 4. "Sing -le Me -ml -)c -2i- DisLrict 5: West cities, to,,,,ns and schools" is 1 as oil-ics an' t3wns and schoc:' -Iis—r`cts, othor t1lar, tllk-: City of Fort WoEth and Lhe Fort Worth Independent School District which arc-, locat.,--id whilly or parLially in Tarrant County an(- tll)e rf,,a3ority of il-r, Lerritory \,,-hich lies3 t%Iithln Tarrant County is located west of " .I Parr if it elects to participate. Inter -;L(:,Le 351N, and the Couji'L-y of TLaI 5. The initial C(-'1L1P0Si'L-. ion for the year 1979 of each single member district shall be as set forth in Exhibit A attached hereto. 6. One and only 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 dircctoi---ship from tho single member district in which such city, town or school district is located, as set forth in Paragraph 11, 1-4 above. The County of Tarrant, if participating, may vote- only in single member district 5. NOMINATIONS 1. Each taxing unit ClitiLled to vote hereunder may nominate by rcL;()1Ut.i011 Of its gOVOI-)linq body one candidate for that position to be fill( -11 01-) t -A10. BOLIL-d OF Director.,; i.rom that single member, disiLrict, M. 2 , i';r(e nc.> ni n . l :i n J rcL;o].ai i_ i ung of: i' 1,<, governing bodies of the taring uni L -a sh<.r.l] cicar]y ret- fort la th( frill. name and address of eza.c h cand_id'ato non)i.nated and sh:(.1 1 sot forth the single mem- It A 1, 111 e! y 4 phi cls stit:h pc rcxun is 1( 2 , i';r(e nc.> ni n . l :i n J rcL;o].ai i_ i ung of: i' 1,<, governing bodies of the taring uni L -a sh<.r.l] cicar]y ret- fort la th( frill. name and address of eza.c h cand_id'ato non)i.nated and sh:(.1 1 sot forth the single mem- It A ber di strict for phi cls stit:h pc rcxun is nom mated as follows: Single McmL)(.r D.i sta- i c.; l: 1 : 1•'ort_ "Iorth City - Nanie of candidate, address Si.nglc Member Distri(.-.L 2: fort Worth School - Name of candidate, address 11 Single Member Dist,i'-i.ct 3: Northeast cities, towns & schools - I Nama of candidate, address Si.ngl.e M~ mber Dist.r_ict 4: Southeast cities, towns & schools - Name of candidate, address I IM Single I,11ember Di:.tricL 5: West citie!-, towns & schools (and i County of Tarrant if participating) - Name of candidate, address. 3. Na governing body i:; r.cc,u.i.rcd to r<ake nomi.nut_cns, nor must a nominating a_esolution oC a yo\7Cirnirg body nominate a candidate in each district. 4 . Each nominating resoluL_ -)n shall certify that the candidates norn inaLed gar- currently residents of the tai: appraisal district in Tarrant County and have been residents of the single member_ district they are being nominated to rel resent for at Least two years. 5. The presiding officer of the governing body of each unit mak- incl a nomination shall submit the name of the unit's nominee to the County Clerl: of Tarrant County bo -fore 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 sc!lectiora of t:he D.i rector. f:rorn single meiubc-r district 1. 2. vhe I.'ort Worth 1ndepenclent School DisLri.ct shkill have the one--Lnr(d--oir.ly vote for selc ct.ion of i:lrc Director from single member d1st-rict 2. 3 . Tla(. ntamlrc,r of votes for the cit -Jo., towns and school di:tt.ri_c:l.: (.IIId County of Tarranl, if participating) in singlo member di sti -i_ct s 3 , 4 c,nd 5 1 -1 bc,, cl( turmi.ned as follows : a. Tn (-,-,ch (d' :-;uc_h inurnhur district -s 3, 4 and 5, each city u.r tu=iii which wj:;; in e.:.i st-cnce for any portion of the even - numbered year an odd -numbered election year, and which imposed t rxr. ; For such even -numbered year shall be entitled to one vote in the sin(lle di: Lrict of which it is a member, regardless of wfic ther such city or toG-.,n has voti ncj ci titlement under the Property Tiix Code. Th( CounLy cit Tarrant, if it participates, is entitled to one vote in single member district 5. b. Tiie total nuw1)c:r of vc,t:es allocated to the cities in a par. t i.c:ular_ F;in() 10 memhur district shall be. ascertained by the County Clerk of T&rrant C'oun,y. C. In each of such sincfle member districts 3, 4 and 5 each school di; rice which was In exisL-ence for any portion of the even-r;urnl e ed ye,ir lmat._d LEite 1 y preceding an odd-num].)er-ed election year, and which imposc,l ta..es 1 -or such evei.- nur,ibered year shall have voting ri ,ht: , herea iter provide -(1. d . Cc,l L'('t l V(! I v al 1 of the srl c,_)l districts %..h]_Ch havc, voting ricjhLs in a parti culaf s-ir,c, le mernbc:r district shr,l_1 be entitled to exactly th,? ::,cani(-_, of vole. cc:_ll ecLivel.y possessed by the cities and to%.ns i,i such single Incmber district, or in the case of single membe: district 5, exactly the same number of votes collectively possessed by cities and Lowns, and the County of Tarrant if partici- patina, resul--ing in the school districts in each such single member district: having exactly the same number of votes as the cities and to%vns (and the County of Tarrant if participating) in the same single member district. e. For ezrcl., election year, the collective votes to which the school d i star ic:ts in a sincile member district are entitled shall be allocated anion,_i th(- school di sl.ricts by dividing the total number of votes r] .loc;ite(:1 to th(- citi e: and towns in that single member clistr.ict. by t1w total numl)c'r of school districts in that single member die,tr-iut.: and Irl l_ocati.nci i -o each school district its frac- tional part of l he votes t:o bc, 6 - f. Should thc! rnu bu'l, ol. school. cii.stri_cL-s entiL-led to vote her.e:under in a cjiverr s i_ny] e u!c:mh(l r cl.i_sL rict ever exceed the number of cities a iii town's c_ntitled Lo voL-e he ,,under in such single member district , Lhu coIIectiv(. tot."! I of vote: allor_cAte.d to such sc1-1001 districts shall nevertheless nc>L-. exccud the collective vote allocated to the cities and towns (and. County if p[u=ti_cipating) in such single member di-'sLr. i.cL entitlod to vote: hereiindc:r. , but such collect -Ave totals shall remain equal. g. In allocating the -\.,ot.e:a Damon:; the various school dis-- tricLs, the County Clerk n!ay uLil_.izc fractions of a vote.. t VOT'fNC 1 . B-efore Se pt -c m}>c r 1 of each odd--mambe.red election year, e:c.h city, tt0 VJI_I ald sc:lhool_ di_:; :i.ct iaarticipating in the tax appraisal cli.= }r 1 . i_ G i- 1'c,r L a;: L Cnlar] L 17 c11 no l: i.ly tho C oi_.nty Clerk of Tarrant Coi_,nty i^IhcLh(-'r: that. tax_Lnq unit imposed Laxes for the even -numbered ycc;r immer.-I i_atol y pr -u :c cling such election year, and of any additional facts wlii-Ah ati(jl-iii aff=c_ct in which single member district such city, to%ln or school dist-.ricc m-i Jl-)t_ }-,e enti.L-led to vote hereunder. 2. On or b.. Fo-!_-e. Septe-ii}>-'r 10 of each odd -numbered election year, Lhe Ccwnt-y Clerh of Tar: f!nt County shall notify each school di stir ict ;-) t the total nuc--il,er 0f voters which the cities and towns _in that si_ngl,!! mchral,er district collectively possess, and shall not.i!:y the school di_,tricts in each single member district of the number of vc>Les, ;,1-rich the :school districts in such single member district collectivuly po:.JSE:ss. 3. '1'lhe County Clerk shall dcter-rnine the number of votes to which e,cclh L- rx.i_nq unit: is enti.t.led by utilizing the method set forth In this rusolut:ion and c;hl-ill deliver written notice to the presiding officer of: t h- clover: n i.nc1 body cat- each taxi nq unit of its voting ent.i.Llt.mont. 1 of church elect -ion year. 7 - 4. Before OctOI)01- 30 of each odd -numbered year, the County Clerk shall prel circ a );a11ot listing w-ith.i-n single member' dis- trict the c.anciidates. al.phabeL iccilly -iccordiriq to the first letter in each cand:i-c7<<Lc's sura—ime, and x11,111 dclivei" a copy of the ballot to the presiding o -'-fiver of the governinc; (Body of each taxing unit that is enLitled to vote. The County C]_ ,•): shall designate on the ballot in which s:inglu member district his records reflect that the taxing unit to whom the bal_!-ot is transmit -ted is entitled to vote. 5. 'rhe 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 bofore, 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 1,:)d, c -f the bort Worth Independent School District shall be declzarc d by the CounLy (:1_erk as elected to fill the directorships in single o." str. ict 1 nine? single member district 2, respectively. 7, 1.::; to sin(}1 e memb.-r d i_s ric-Ls 3, 4 and 5, the County Clerk shall count- the votes :ind declare that candidate in each of such single member dis;tri_ct who }-crci ve,', a majority of the votes cast in such sincle meni'.), r district, if any, to be elected. A majority .;ha -1 be considered to bc: airy num)x.- or fraction thereof greater than one-half of the vete., cast. if there is a candidLite elecL-ed by majority vote in each such sing.lo member dist=rict, the County Clerk shall de'll'V&P 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. B. In the event of a do 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 tic, if the casting of that vote will result in a candidate having a majority of the votes cast; otherwise, a run-off shall be hold by the CounLy Clark as hereinafter provided. 9. In Lh( event. no c indidaLe receives a majority, the Country Clerk :.);ill conduct a run-off election for the two candidates receiv- ing thi° }, it;hu. numb r of votes in such single member district. If it is iiccc :,s;,Ii_ y, iri order to narrow the. run-off field to two candi- dates bocr,u.,e of: a t-io vote, the County Judge of Tarrant County shall have Lhc, r.ic;}rt to cast once vote _in ardor to break the tie. j.LjC),I-:j CJZ y pe -j o(jre. s o I u L j. (', i, %,/ j L h i n n ii d d L ca : Ling the tie- breal-ing vo'-c -,nCiU , :nuc'] to the County Clerk. if the Courl(Ly Ju']((_' and 7 re.iF;on uj,,iv,-ij_Iablc to cast a tie -breaking Vote for 111or'-- I:C'n dray:; y,,; z) ' '-cr the noti f ication of his office by the Cle-Lk' Ljlc- kJAI-tLy Lo caf7;L the tie-1?reakiny vot-o shall immediately devolve upon IL --)-:.o CoD-Lt-ii Cotir'U, of Tarrant County who shall ality J i-esoluLion of the Court. 11. !_f Le)- the VcjLes, should the County Clerk determine it is n('c(-!%!I !-y Lo i_,jjj-,-o'-L LI-' cj ctio;, J.n single member districtselect -icy,, 3 TIr, ir itthi-s- L f H i Jj.t.lj erniny hol"y of-: listing -the - I roll -of! ballottop tv"u in that single member district in t]-jc run. -o -f -f_ eIr,cI-_;_(:)n 1 y Ein! the tot the gov- and 'SuNili'l- it to coullLy vTiLhin fifteci-i days of receipt of In ally cit'Icl- L"JUCI(JO of 'Tarrant. County may T. cDst j voLe Uie shal.-I be utilized: the County Clet-j, shall. notify the County Jud(j(-- in \.j-, - J f- j i)(,, wi 1-111 Ln tjj-rc:(, cl.--,y 0 f 111c nece s!.:; ity for the casting of a Co,,)Ilt,,l Jndj,., _,J)all then sign a written j.LjC),I-:j CJZ y pe -j o(jre. s o I u L j. (', i, %,/ j L h i n n ii d d L ca : Ling the tie- breal-ing vo'-c -,nCiU , :nuc'] to the County Clerk. if the Courl(Ly Ju']((_' and 7 re.iF;on uj,,iv,-ij_Iablc to cast a tie -breaking Vote for 111or'-- I:C'n dray:; y,,; z) ' '-cr the noti f ication of his office by the Cle-Lk' Ljlc- kJAI-tLy Lo caf7;L the tie-1?reakiny vot-o shall immediately devolve upon IL --)-:.o CoD-Lt-ii Cotir'U, of Tarrant County who shall ality J i-esoluLion of the Court. 11. !_f Le)- the VcjLes, should the County Clerk determine it is n('c(-!%!I !-y Lo i_,jjj-,-o'-L LI-' cj ctio;, J.n single member districtselect -icy,, 3 TIr, ir itthi-s- L f H i Jj.t.lj erniny hol"y of-: listing -the - I roll -of! ballottop tv"u in that single member district in t]-jc run. -o -f -f_ eIr,cI-_;_(:)n 1 y Ein! the tot the gov- ern -Ina I), J.0 S Of o'Cjl 'Co vole in that single mcm- b TIr, ir itthi-s- ii-ty o-J_thiJl ten days. The rrov- erniny hol"y of-: i-'-.Jng unit -entitled to vote in that single member district in t]-jc run. -o -f -f_ eIr,cI-_;_(:)n s,iall_ determine its vote by resolution and 'SuNili'l- it to coullLy vTiLhin fifteci-i days of receipt of t h (-, b1.10t . 12. V,Ihen tlie ('IOL. -,__"L','_ CI( -,-t:1-_ of Tari:1-,nt County has ascertained the candiclat(r; 1.0 C-_:ac.;jj dive-cl-orship, he shall forthwith deliver written nol-ice to Lite CjovOIII::_iig body of e.._ ch taxing unit in the tax appraisal CliscricL In lraruai-)L County and to each candidate. 13. If a vacancy occurS, on the Board of Directors, it shall be filled by tlios-', ta>:in(I uiiits N,?J)jch chose thc- vacant directorship. Each taxing unIA. en-L-Atle(i Lo votes for- such position shall submit the name of its 11c'ItAil-io-C, t-) H)C CouyjL_r cjc-.i':. within ten dayF, after notification from the Board of to tjje tLxj.11g zjffecq:e(_j and the County Cler]: of the ex.i,,;Lcnco of Lhe vl-icaiicy, and j-..jjc, County Clerk shall prepare ning body entitled toandd(AA-vcr to Lho c)fjj(--el- Of C,LCII govev select :;lIch diloct.nv CI %vit-11 jjajLj,-:r, of all such nominces, as Lfortli in V, 114 11 Ov 0 Such governing body shall within lllin(-. 1 1-.,, vote by resolution and submit itfifL0011 ( I i, 9 to the C,iiint.y Clerk. The vot:it-)q elit:i.tloin'nL of: each such unit, shall, be deeftled to ho thc: r. ,nc as in Llhc wo.'; : recent preceding e.lecL•ion for such l- : r it.i_o;i . The:11a1_l. , \',,.iA Ain twenty-five days of he c: i Li.c cou:iL Lhe votos and proceed as set forthnoti.Cl.cai:i_on to t in Para ,-aph V, ;17-1.2 shove,. VI. Thc scc:rct:ary or clerk of Lhis governing board is directed to transrniL a certified copy of this resolution -to the County Clerk of Tarrant county as evidence of a cnange in the method of selection of the Board of Directors for the La:: appraisal district in Tarrant County and as ev_i.c1,,2nee of the neca of selection adopted by three-fourths of the taxing units the At are entitled to voLe on the appointment of member's o1_ C1 d istr i_ct' s Board of_ Directors pursuant to Section 6,03(i) of ti -ie P copc,r L -y Tai: 1n 18th y o f September 1379 i.c,ti Mayor, Martin R. Hawk COUNCILPERSON PLACE 1 COUNCILPERSON PLACE 5 D COUNCILPERSON PLACE 2 J COUNCILPERSON PLACE 4 ATTEST Secret<>>_y for —City --of Southlake