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Item 8B - MemoCITY OF SOUTHLAKE MEMORANDUM September 26, 2023 To: Shana Yelverton, City Manager From: Amy Shelley, City Secretary Item 8B Subject: Resolution No. 23-025, nominating candidate(s) to the Tarrant Appraisal District (TAD) Board of Directors. Action Requested: Approve Resolution No. 23-025, nominating candidate(s) to the Tarrant Appraisal District (TAD) Board of Directors. Background Information: The Tarrant Appraisal District (TAD) is seeking nominations for candidates to serve on the board of Directors. The terms of service for the members of the current Board of Directors will expire on December 31, 2023. Each voting unit may nominate one candidate for each of the five positions to be filled but are not required to make any nomination or may nominate any number up to five. Nominations must be submitted to the Chief Appraiser as a resolution or official action adopted by the City Council by October 15, 2023. The current TAD Board of Directors are: Tony Pompa, Chairman Rich DeOtte, Secretary Joe Ralph Martinez Jungus Jordan Vince Puente, Sr. Wendy Burges, Tarrant County Tax Assessor -Collector In order to be eligible to serve as directors, the nominees must have resided in Tarrant County for at least two years prior to January 1, 2022. They may serve on the governing body of a taxing unit in the County and still be eligible to serve as a Directors. However, an employee of a taxing unit is prohibited from serving as a Director unless that employee is also an elected official of the governing body. A Director may not be related to a person who is in the business of appraising property for property tax purposed or represents property owners for compensation in proceedings in the appraisal district or appraised property for use in a proceeding in the appraisal district or who is employed by the appraisal district. A person is ineligible to serve as a director if the individual or a business in which the individual has a substantial interest, enters into a contract with the appraisal district or enters into a contract with a taxing unit in the district, if that contact relates to the performance of an activity governed by Title I of the Texas Property Tax Code (for example, appraising property for tax purposed or determining eligibility for exemptions). A substantial interest exists where the individual and spouse have a combined ownership of at least 10% of the voting stock or shares of a business, or either of them is a partner, limited partner or an office. Based on the 2023 adjusted tax levy, Southlake will have 32 votes to cast for the election, which will take place by December 15, 2023. As of the date of this memo, Southlake has not received any nominations for consideration. This item allows the opportunity for City Council to nominate candidates for the TAD Board of Directors. Financial Considerations: Not applicable Strategic Link: C2: Partnerships and Volunteerism - Enhancing the sense of community through the board appointment process by creating opportunities for volunteer involvement. Citizen Input/ Board Review: Not applicable Legal Review: Not applicable Alternatives: None Supporting Documents: TAD Letter Dated September 22, 2023 Resolution No. 23-025 Staff Recommendation: Approve Resolution No. 23-025, nominating candidate(s) to the Tarrant Appraisal District (TAD) Board of Directors. A T Tarrant Appraisal District «Name» «Title» «Entity» «Address» «City», «State» «Zip» RE: Nomination and Appointment to TAD Board of Directors Dear «Salutation»: William Durham Executive Director Interim Chief Appraiser September 22, 2023 The current two-year terms of the five voting members of the Tarrant Appraisal District Board of Directors will expire on December 31, 2023. The first step in appointing voting members for the term beginning January 1, 2023 is calculating the number of votes to which the taxing units are entitled. As required by Section 6.03 of the Property Tax Code, I have calculated and provide in the enclosed list the number of votes for each school district, city, and county entity that is entitled to participate in the appointment process. The next step is nomination of candidates. Taxing units are not required to submit any nominations but, if they choose to do so, the nominations may be made only by a resolution adopted by the governing body and the presiding officer of the governing body must submit the names of the nominees to me before October 15, 2023. To be eligible to serve as a voting member of the Board of Directors, an individual must have resided in Tarrant County for at least the two years immediately preceding January 1, 2024. An individual who is otherwise eligible is not ineligible because he or she is a member of the government body of a taxing unit. Texas law restricts eligibility and conduct of members of governmental bodies such as appraisal districts' board of directors. In consultation with your attorneys, please review the Property Tax Code and other applicable laws carefully for the details of those restrictions, including definitions of "substantial interest", "business entity", "deferred", "abated", and other terms used below and for the potential criminal consequences of violating certain restrictions. In summary, the Property Tax Code provides that the following are ineligible to serve as voting members of the Board of Directors: • An individual who has been an employee of the Tarrant Appraisal District at any time during the preceding three years; • An individual who has served as a voting member of the Board of Directors for all or part of five terms since January 1, 2022; • An individual who is an employee of a taxing unit that participates in Tarrant Appraisal District unless the individual is also a member of the governing body or an elected official of a taxing unit that participates in the District; Letter to Taxing Units Appointments to Board of Directors September 22, 2023 • An individual who, directly or through a business entity in which he or she has a substantial interest, is a party to a contract with Tarrant Appraisal District or a taxing unit that participates in the District, if the contract relates to the performance of any activity governed by the Property Tax Code; • An individual who has engaged in the business of appraising property for compensation for use in proceedings under the Property Tax Code at any time during the preceding three years; • An individual who has engaged in the business of representing property owners for compensation in proceedings under the Property Tax Code in Tarrant County at any time during the preceding three years; • An individual who is related by blood or marriage to an individual who is engaged in the business of appraising property for compensation for use in proceedings under the Property Tax Code or of representing property owners for compensation in proceedings under the Property Tax Code in arrant County, if the relationship is within the 1st or 2nd degrees on the following chart; DEGREE By Consanguinity • Parents • Children By Affinity • Spouses of relatives listed under first degree consanguinity • Spouse • Spouse's parents Spouses children • Stepparents • Stepchildren Degrees of Consanguinity and Affinity ME M 'DEGREE By Consanguinity • Grandparents • Grandchildren • Brothers & sisters By Affinity • Spouses of relatives listed by second degree consanguinity • Spouse's grandparents • Spouse's grandchildren • Spouse's brothers & sisters oc DEGREE By Consanguinity • Great grandparents • Great grandchildren • Nieces & nephews • Aunts & uncles By Affinity • No prohibitions • an individual who owns property on which delinquent taxes have been owed to a taxing unit for more than 60 days after the date the individual knew or should have known of the delinquency unless the delinquent taxes, penalty, and interest are being paid under an installment plan or a suit to collect the delinquent taxes is deferred or abated. When submitting nominations, please include not only the full name of each candidate, but also his or her complete residence address and a current resume. VA 2500 Handley-Ederville Road* Fort Worth, Texas 76118-6909 • (817) 284-0024 • www.tad.org Letter to Taxing Units Appointments to Board of Directors September 22, 2023 From timely submitted nominations, I will prepare and distribute before October 30th a ballot to each taxing unit entitled to participate in the appointment process. The appointment process and schedule set out in Section 6.03 of the Property Tax Code may be summarized as follows: before October 01, 2023 Chief Appraiser calculates numbers of votes and notifies taxing units before October 15, 2023 Governing bodies of taxing units nominate candidates by resolution and send names to Chief Ap raiser before October 30, 2023 Chief Appraiser prepares ballot and sends it to taxingunits before December 15, 2023 for most taxing Governing bodies of taxing units determine units but see the different requirements in their votes by resolution and send submit section 6.03(k-1) that applies only to "each votes to Chief Appraiser taxing unit entitled to cast at least five percent of the total votes", which in this appointment cycle means 250 or more votes on the enclosed list before December 31, 2023 Chief Appraiser counts votes, determines which candidates received the most votes, and submits results to taxing units January 01, 2024 new term begins If you have any questions, please do not hesitate to call. Sincerely, William Durham Executive Director Interim Chief Appraiser WD.jw Enclosure CC: « CC 1» CC2» i.: Ena, Q 2500 Handley-Ederville Road* Fort Worth, Texas 76118-6909 • (817) 284-0024 • www.tad.org TARRANT APPRAISAL DISTRICT Calculation of Taxing Entity Votes in 2023 for Appointment to Board of Directors Per Section 6.03(d) of Texas Property Tax Code Votes School Districts: Aledo ISD 5 Arlington ISD 453 Azle ISD 25 Birdville ISD 162 Burleson ISD 29 Carroll ISD 125 Castleberry ISD 16 Crowley ISD 134 Eagle Mountain/Saginaw ISD 189 Everman ISD 25 Fort Worth ISD 597 Godley ISD 1 Grapevine/Colleyville ISD 194 Hurst/Euless/Bedford ISD 196 Keller ISD 280 Kennedale ISD 22 Lake Worth ISD 18 Lewisville ISD 5 Mansfield ISD 221 Northwest ISD 155 White Settlement ISD 40 Total Schools Cities: 2,895 City of Arlington 194 City of Azle 6 City of Bedford 25 City of Benbrook 15 City of Blue Mound l City of Burleson 6 City of Colleyville 17 City of Crowley 9 City of Dalworthington Gardens 2 Edgecliff Village 1 City of Euless 25 City of Everman 3 City of Flower Mound 2 City of Forest Hill 7 City of Fort Worth 623 City of Grand Prairie 59 City of Grapevine 28 City of Haltom City 19 City of Haslet 4 City of Hurst 21 City of Keller 23 City of Kennedale 7 Town of Lakeside 1 City of Lake Worth 3 City of Mansfield 53 City of N. Richland Hills 37 Town of Pantego 2 City of Pelican Bay 1 City of Reno 0 City of Richland Hills 4 City of River Oaks 3 City of Roanoke 0 City of Saginaw 13 City of Sansom Park 2 City of Southlake 32 Town of Trophy Club 1 City of Watauga 10 Town of Westlake 3 City of Westover Hills 3 Westworth Village 2 City of White Settlement 9 Total Cities Other: 1,272 Tarrant County 526 Tarrant County College 307 Total Other 833 Total All 5,000 RESOLUTION NO. 23-025 A RESOLUTION NOMINATING CANDIDATE(S) FOR THE TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS Whereas, the City of Southlake contracts with the Tarrant Appraisal District (TAD) for setting property valuations; and Whereas, the City of Southlake is entitled to nominate one candidate for each of the five positions on the Tarrant Appraisal District Board of Directors; and Whereas, the terms of the TAD Board of Directors expire December 31, 2023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, THAT: Section 1. THAT the City of Southlake nominates the following to serve on the Tarrant Appraisal District Board of Directors: Section 2. This resolution is hereby effective upon passage and approval by the City Council. PASSED AND APPROVED ON THIS, THE 3RD DAY OF OCTOBER 2023. CITY OF SOUTHLAKE, TEXAS John Huffman Mayor ATTEST: Amy Shelley, TRMC City Secretary