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Item 5HMEMORANDUM November 9, 2005 TO: Shana Yelverton, City Manager FROM: Lori A. Farwell, City Secretary SUBJECT: Resolution No. 05 -068, Support a nominee to the Tarrant Appraisal District Board of Directors Action requested: Approve Resolution No. 05 -068 to support a nominee to the Tarrant Appraisal District Board of Directors. Background information: The terms of service for the five (5) Directors of the Tarrant Appraisal District will expire December 31, 2005. Nominations have been received from the voting tax entities for candidates to fill these positions for a two (2) year term beginning January 1, 2006. Those nominated include: Jim Badalamenti, John Clanton, John T. Eubanks, William Fey, John Molyneaux, Harold Patterson, and Joe Potthoff. According to the Property Tax Code, each taxing entity must vote in an open meeting by resolution. Votes may be cast for one candidate or may be distributed among any number of candidates listed on the official ballot. The City of Southlake has 38 allotted votes which are based on 2004 tax valuations. There is no provision for write -in candidates. The Chief Appraiser cannot count votes cast for someone not listed on the official ballot. Financial consideration: not applicable Legal review: not applicable Supporting documents: Resolution No. 05 -068 Letter from Tarrant Appraisal District Current Board of Directors Official Ballot List of nominations 2005 calculation of taxing entity votes Nominee letters Information regarding how board members are elected and their responsibilities RESOLUTION NO. 05-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS, CASTING ITS VOTES TO THE TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the terms of service for the five members of the Tarrant Appraisal District Board of Directors will expire on December 31, 2005; and, WHEREAS, the Chief Appraiser of Tarrant Appraisal District has calculated the number of votes for the City of Southlake based on the amount of the 2004 adjusted tax levy to be thirty - eight (38) votes; and, WHEREAS, in order to be eligible to serve as directors, the candidates must meet the guidelines set out by the Tarrant Appraisal District; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAEE, THAT: Section 1. All of the above premises are true and correct and are hereby incorporated into the body of this resolution as if copied in its entirety. Section 2. The City Council cast its thirty -eight (38) votes to the Tarrant Appraisal District Board of Directors to: Section 3. This resolution shall become effective from and after the date of its passage. PASSED AND APPROVED THIS THE DAY OF NOVEMBER, 2005. Andy Wambsganss Mayor ATTEST: Lori A. Farwell City Secretary TARRANT APPRAISAL DISTRICT 2500 HandleyEderdle Road • Fort Worth, Texas 7611 "goo • ( 817) 284 -0024 dohs R. Harahan Ewouke Olnodor October 19, 2005 Ms. Shane Yelverton City Manager City of Southlake 1400 Main St., Suite 460 Soutblake, Texas 76092 Dear Ms. Yelverton: The terms of service for the five (5) elected Directors of the Tarrant Appraisal District expire December 31, 2005. The deadline for nominations has passed. Enclosed is a list of nominees for these five (5) positions and an official ballot. The Property Tax Code requires that votes be in an open meeting by resolution. All votes may be cast for one candidate or distributed among any number of candidates listed on the official ballot. There is M provision for write is candidates. Votes cast for someone other than the candidates listed on the ballot cannot be counted TlD& . deadline__ for__ vent is lcember 15. 2005. You may mail the ballottresolution or fax to (817) 595 -6198. The five (5) candidates receiving the most votes are elected to a two (2) year term beginning January 1, 2006. All tax units will be'notified of the results of the election before December 31, 2005. K Marshall eoutive Director Chief Appraiser ]RM:mm Encl. Z 'd ££ZO'aN NVLti:ll 90H '£ '^ON TAD Board of Directors ALI TAD Board of Directors Menu Selection Home Property Data Search Applications and Forms Tax Maps Reports Tax Rates Free Downloads Data Products Related Links Site Map Contact Info 2500 Handley Edervilie Rd Fort Worth, Texas 76118 (817) 284 -0024 8.00am- 5:00pm, Mon -Fri Tarrant Appraisal District Board of Directors 2005 Joe Potthoff -- Chairman John Clanton John Eubanks John Molyneaux Harold Patterson Betsy Price -- (Tarrant County Tax Assessor - Collector) Board Mailing Address: 2500 Hand ley-Ederville Rd, Fort Worth, Texas, 76118 -6909 For information regarding how board members are elected and their responsibilities click here. Send comments and suggestions to webmaster @tad.org Last updated: 04/18/05 From the Chief Appraiser TAD Board ARB Board Community Service Technology Privacy Policy Copyright ©1997 -2005 Tarrant Appraisal District www.tad.org All rights reserved http://www.tod.org/WebPages/boarcLoLdirectors.htrn 11/3/2005 OFFICIAL BALLOT ELECTION OF MEMBERS OF THE BOARD OF THE TARRANT APPRAISAL DISTRICT We, the governing body of City of Southlake having been advised by the Chief Appraiser of Tarrant Appraisal District that we are entitled to cast 38 votes collectively or separately for the following nominees for the Board of Tarrant Appraisal District: Jim Badalamenti John Clanton John T. Eubanks William Fey John Molyneaux Harold Patterson Joe Potthoff do hereby resolve and order that City of Southlake cast and does hereby cast its votes as follows: votes for votes for votes for votes for votes for Passed this day of , 2005 ATTEST Presiding Officer Secretary or Clerk, City of Southlake IMPORTANT: This ballot should be returned by December 15, 2005 to John R. Marshall, Chief Appraiser, Tarrant Appraisal District, 2500 Handley- EderviIle Rd., Fort Worth, Texas, 76118 2 A CUV ON NvLt� [ [ 9002 '� ' ^aN Nominations for Board of Directors 4 Mr. Jim Badalamenti Mr. John Clanton Mr. John Eubanks Mr. William Fey Mr. John Molyneaux Mr. Harold Patterson Mr. Joe Potthoff 2006 — 2007 Term City of Keller City of Euless City of N. Richland Hills Hurst - Euless - Bedford I.S.D. Tarrant County Grapevine - Colleyville I.S.D. Tarrant County City of Richland Hills Tarrant County Fort Worth I.S.D. Tarrant County Arlington Y.S.D. Tarrant County City of Arlington t 'd ££ZO'ON HVLV :ll 900Z '£ 'AON TARRANT APPRAISAL DISTRICT 2005 CALCULATION OF TAXING ENTITY VOTES FOR BOARD OF DIRECTORS Per Section 6.03 (d) of Texas Property Tax Code Based on 8ei3tegdbjrJ004 Taxes moosed TAXING ENTITY SCHOOLS: Arlington Azle Birdvllle Carroll Castleberry Crowley Eagle Mountain/Saginaw Everman Fort Worth Grapavine/Colleyvllle Hurst(Euless/Bodford Keller Kennedale Lame Worth Mansfield White Settlement TOTAL SCHOOLS CITIES: Arlington Azle Bedford Benbrook Blue Mound Colleyville Crowley Dalworthington Gardens Edgecliff Village Euless Everman Forest Hill Fort Worth Grapevine Haltom City Haslet Hurst Keller Kennedale Lakeside Lake Worth Mansfield North Richland Hills Pantago Pelican Bay Richland Hills River Oaks Saginaw Sansom Paris Southlake Watauga Westover Hills Westworth Village Whine Settlement i f•) (_is«3i1T =K 2004 TAXES IMPOSED $ 314,392,874 $ 20,243,522 $ 97,261,730 $ 72,188,960 $ 6,074,487 $ 56,806,840 $ 54,858,576 $ 10,822,286 $ 300,923,283 $ 145,739,223 $ 123,659,423 $ 113,138,305 $ 13,371,145 $ 8,467,364 $ 03,262,335 $ 14,638,998 $ 1;445,649,153 $ 101,588,366 $ 3,295,334 $ 11,047,691 $ 7,921,063 $ 384,386 $ 9,215,122 $ 2,586,824 $ 650,745 $ 450,500 $ 11,002,197 $ 1,114,141 $ 3,178,263 $ 239,347,322 $ 18,479,534 $ 7,681,367 $ 1,030,437 $ 9,949,572 $ 11,862,501 $ 2,454,375 $' 182,590 $ 848,552 $ 19,472,205 $ 18,036,668 $ 841,318 $ 174,656 $ 1,731,727 $ 1,504,490 $ 4341,155 $ 399,551 $ 17,013,116 $ 5,507,002 $ 1,341,784 $ 210,172 $ 2,78078 $ 518,729,927 % OF TOTAL 14.21876 0.91554% 4.39877% 3.26483% 0.27473% 2.56915% 2.48104% 0.48945% 13.60960% 6.59122% 5.5926496 5.11881% 0.60473% 0.38295% 4.21789% 0.66207% 65.39016% 4.59897% 0.14904% OA9964% 0.35824% 0.01738'X, 0.41676% 0.11699% 0.02943% 0.02037% 0,49759% 0.05039% 0.14374% 10.8,2475% 0.86098% 0.34740% 0.04660% OA4998% 0.53650% 0.11100% 0.00826% 0.03838% 0.88065% 0.81573% 0.03805% 0.00791% 0.07832% 0.06804% 0.19633% 0.01807% 0.76944% 024900% 0.06068% 0.00951'/% 0.12595% 2005 VOTES 711 46 220 163 14 128 124 24 680 330 280 256 30 19 211 33 3,270 230 7 25 18 1 21 6 1 1 25 3 7 541 44 17 2 22 27 6 0 2 44 41 2 0 4 3 10 1 38 12 3 0 6 OTHER: Tarrant County TOTAL OTHER 23A6015% 1,173 $ 246,532,058 11.14969% S57 $ 246,532,058 11.14969 557 A ALL 138 100 5,063 1 9 'd ££ZV ON NVD: 1 1 90OZ ' £ ' ^ON Shana Yelverton City Manager City of Southlake 1400 Main Street, Suite 460 Southlake, Texas 76092 Dear Ms. Yelverton. E 72 5 � October 4, 2005 I D UCH' 2005 The terms of service for all five members of the Tarrant Appraisal District Board of Directors will expire on December 31, 2005. As such, the election process begins shortly to elect a new board to serve from January 1, 2006 through December 31, 2007. By the end of October, your taxing entity will receive a ballot showing all persons nominated for the new Board with instructions on how you may cast your allotted votes which are calculated based on tax valuations. Once the votes are cast by resolution, the five (5) nominees with the largest cumulative vote totals will be elected and take office on January 1, 2006. I have served on the TAD Board of Directors since January 1, 2004 and would like to continue to serve our county in this capacity. For your information, I have enclosed a brief resume that reflects my personal, business and community background and involvement. I respectfully ask for your votes to re -elect me to the Tarrant Appraisal District Board of Directors and will appreciate your support very much.. For your convenience, contact information is as follows: John T. Eubanks 7009 Lismore Court Colleyville, Texas 76034 -6624 817 -481 -3009 (Home) 817- 706 -9801 (Cell) 817 - 421 -3996 (Fax) johnteubanks comcast.net (Email) Sincerely, K C hn T. Eubanks John T. Eubanks 7009 Lismore Court Colleyville, Texas 76034 -6624 817 -481 -3009 (Home) 817 -706 -9801 (Cell) 817 -421 -3996 (Fax) johnteubanks comcast.net (Email) PERSONAL Born — August 21, 1940 in Caldwell, Texas Married; three daughters and two sons; two grandchildren Resided in Tarrant County for thirty (30) years EDUCATION Caldwell High School, Caldwell, Texas, 1958 Texas A &M University; Business Administration- Accounting; 1962 BUSINESS Chairman, Chief Executive Officer, President and Owner of Mesco Metal Buildings located in Southlake, Texas from 1988 until 2000 (Retired); manufacturing and sales of engineered metal building systems and components in the Central and Southeastern regions of the United States. Prior to 1988, served as executive and/or owner in a variety of businesses engaged in manufacturing and sales OTHER Grapevine- Colleyville Education Foundation, Founding Donor and Director Carroll Education Foundation, Founding Donor and Director Grapevine - Colleyville ISD Board of Trustees- 2003 -2005, President of Board Colleyville Tax Increment Financing District (TIF), Board of Directors Colleyville Public Library, Ex- Officio Member of Board of Directors Colleyville Area Chamber of Commerce, Advisory Board Baylor Medical at Grapevine, Donor and Member of Development Committee Northeast Tarrant County American Heart Association, Director Harris Methodist Health Foundation, Board of Governors, Finance Committee Harris Methodist Health Foundation, Chairman., Endowment Sub - Committee Harris Methodist Hospital (HEB), Steering Committee for Siratt Women's Center Texas A &M University Lowry Mays School of Business Outstanding Alumni Tarrant Appraisal District, Board of Directors City ofiquim October 25, 2005 The Honorable Andy Wambsganss City of Southlake 1400 Main Street Southlake, Texas, 76092 Dear Mayor Wambsganss, c z5 LAa ,. c C, k 1 CoLAAu' i The biannual nominations have been made for the Tarrant Appraisal District Board of Directors. The City of Keller has nominated Mr. Jim Badalamenti this year. Mr. Badalamenti currently serves on our City Council, Place 2. He has lived and worked in our community for many years and I believe would be an asset to the Tarrant Appraisal Board. His background includes being co- recipient of the City of Keller Volunteer of the Year Award in 2002, and he.was appointed to serve on the City of Keller Public Arts Board in 2003. In addition, for.the.past 8 years he has had a successful home repair business, which serves an extended area of Tarrant County. As your gone ning body goes forward with the nomination process, I respectfully ask that you give Mr. Badalamenti favorable consideration. Our City Council has given him our full endorsement. I am always available should you have any questions. Additionally, I have included Mr. Badalaznenti's contact information, as well. Sincerely, 6 � Mayor Julie Tandy City of Keller 817- 743 -4011 jtandy @cityofkeller.com Mr. Jim Badalamenti RECEIVED 817- 577 -9202 .home jadalamenti@cityofkeller.com Nay " CC., ,..Keller City Council . ���C�. d� CITY ��C�� Lyle Dresher, City Manager V V 1100 BEAD CREEK PKWY. • P.O. BOX 770 • KELLER, - TEXAS 76244 • (817) 743 -4000 • FAX (817) 743 -4190 Web: http: / /wwwcityotketter.com • E -Mail: townhall @cityofkeller.com TAD BOD Law Page 1 of 8 .3 :csi' SOD Law Consumer Alerts Holiday Schedule Contac Menu Selection (The following text is extracted from Chapter 6 of the Texas State Property Tax code) Home Sec. 6.03. Board of Directors. Property Data Search Applications and Forms (a) The appraisal district is governed by a board of five directors. To be eligible to serve on the board of directors, an individual must be a resident of the district and must have Tax Maps resided in the district for at least two years immediately preceding the date the Reports individual takes office. To be eligible to serve on the board of an appraisal district Tax Rates established for a county having a population of at least 200,000 bordering a county having a population of at least 2,000,000 and the Gulf of Mexico, an individual must be Free Downloads a member of the governing body or an elected officer of a taxing unit entitled to vote on Data Products the appointment of board members under this section. However, an employee of a Related Links taxing unit that participates in the district is not eligible to serve on the board unless the individual is also a member of the governing body or an elected official of a taxing unit Site Map that participates in the district. I Contact Info (b) Members of the board of directors serve two -year terms beginning on January 1 of 2500 Handley Ederville Rd even - numbered years. Fort Worth, Texas 76118 (c) Members of the board of directors are appointed by vote of the governing bodies of (817) 284 -0024 the incorporated cities and towns, the school districts, and, if entitled to vote, the conservation and reclamation districts that participate in the district and of the county. A 8:00am- 5:00pm, Mon -Fri governing body may cast all its votes for one candidate or distribute them among candidates for any number of directorships. Conservation and reclamation districts are not entitled to vote unless at least one conservation and reclamation district in the district delivers to the chief appraiser a written request to nominate and vote on the board of directors by June 1 of each odd - numbered year. On receipt of a request, the chief appraiser shall certify a list by June 15 of all eligible conservation and reclamation districts that are imposing taxes and that participate in the district. (d) The voting entitlement of a taxing unit that is entitled to vote for directors is determined by dividing the total dollar amount of property taxes imposed in the district by the taxing unit for the preceding tax year by the sum of the total dollar amount of property taxes imposed in the district for that year by each taxing unit that is entitled to vote, by multiplying the quotient by 1,000, and by rounding the product to the nearest whole number. That number is multiplied by the number of directorships to be filled. A taxing unit participating in two or more districts is entitled to vote in each district in which it participates, but only the taxes imposed in a district are used to calculate voting entitlement in that district. (e) The chief appraiser shall calculate the number of votes to which each taxing unit other than a conservation and reclamation district is entitled and shall deliver written notice to each of those units of its voting entitlement before October 1 of each odd - numbered year. The chief appraiser shall deliver the notice: (1) to the county judge and each commissioner of the county served by the appraisal district; (2) to the presiding officer of the governing body of each city or town participating in the appraisal district, to the city manager of each city or town having a city manager, and to the city secretary or clerk, if there is one, of each city or town that does not have a city manager; and (3) to the presiding officer of the governing body of each school district participating in the district and to the superintendent of those school districts. http:// www .tad.org /WebPages /BOD_Iaw.htm 11/3/2005 TAD BOO Law Page 2 of 8 (f) The chief appraiser shall calculate the number of votes to which each conservation and reclamation district entitled to vote for district directors is entitled and shall deliver written notice to the presiding officer of each conservation and reclamation district of its voting entitlement and right to nominate a person to serve as a director of the district before July 1 of each odd - numbered year. (g) Each taxing unit other than a conservation and reclamation district that is entitled to vote may nominate by resolution adopted by its governing body one candidate for each position to be filled on the board of directors. The presiding officer of the governing body of the unit shall submit the names of the unit's nominees to the chief appraiser before October 15. (h) Each conservation and reclamation district entitled to vote may nominate by resolution adopted by its governing body one candidate for the district's board of directors. The presiding officer of the conservation and reclamation district's governing body shall submit the name of the district's nominee to the chief appraiser before July 15 of each odd - numbered year. Before August 1, the chief appraiser shall prepare a nominating ballot, listing all the nominees of conservation and reclamation districts alphabetically by surname, and shall deliver a copy of the nominating ballot to the presiding officer of the board of directors of each district. The board of directors of each district shall determine its vote by resolution and submit it to the chief appraiser before August 15. The nominee on the ballot with the most votes is the nominee of the conservation and reclamation districts in the appraisal district if the nominee received more than 10 percent of the votes entitled to be cast by all of the conservation and reclamation districts in the appraisal district, and shall be named on the ballot with the candidates nominated by the other taxing units. The chief appraiser shall resolve a tie vote by any method of chance. (j) Before October 30, the chief appraiser shall prepare a ballot, listing 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. (k) The governing body of each taxing unit entitled to vote shall determine its vote by resolution and submit it to the chief appraiser before November 15. The chief appraiser shall count the votes, declare the five candidates who receive the largest cumulative vote totals elected, and submit the results before December 1 to the governing body of each taxing unit in the district and to the candidates. For purposes of determining the number of votes received by the candidates, the candidate receiving the most votes of the conservation and reclamation districts is considered to have received all of the votes cast by conservation and reclamation districts and the other candidates are considered not to have received any votes of the conservation and reclamation districts. The chief appraiser shall resolve a tie vote by any method of chance. (1) If a vacancy occurs on the board of directors, each taxing unit that is entitled to vote by this section may nominate by resolution adopted by its governing body a candidate to fill the vacancy. The unit shall submit the name of its nominee to the chief appraiser within 10 days after notification from the board of directors of the existence of the vacancy, and the chief appraiser shall prepare and deliver to the board of directors within the next five days a list of the nominees. The board of directors shall elect by majority vote of its members one of the nominees to fill the vacancy. (m) If a school district participates in an appraisal district in which the only property of the school district located in the appraisal district is property annexed to the school district under Subchapter C or G, Chapter 36, Education Code, an individual who does not meet the residency requirements of Subsection (a) is eligible to be appointed to the board of directors of the appraisal district if. (1) the individual is a resident of the school district; and (2) the individual is nominated as a candidate for the board of directors by the http: / /www.tad.org /WebPages /80D law.htm 11/3/2005 TAb BOD Law Page 3 of 8 school district or, if the taxing units have adopted a change in the method of appointing board members that does not require a nomination, the school district appoints or participates in the appointment of the individual. Amended by 1981 Tex. Laws (1st C.S.), pp. 120 & 182, ch. 13, Secs. 15 & 167(a); amended by 1987 Tex. Laws, ch. 59, Sec. 1 and ch. 270, Sec. 1; amended by HB 2301, 71st Leg., 1989, eff. Jan. 1, 1990; amended by HB 864, 72nd Leg., 1991, effective Sep. 1, 1991; (m) added by SB 7, 73rd, Leg., 1993, effective May 31, 1993; subsections (c) -(e) amended (m) added by SB 7, 73rd, Leg., 1993, effective May 31, 1993. Cross References: Changes in board membership or selection, see Sec. 6.031. Recall of members of board of directors, see Sec. 6.032. Optional staggered terms for board of directors, see Sec. 6.032. Meetings, organization, and compensation for board of directors, see Sec. 6.04. Notes: A municipal utility district may not challenge the constitutionality of Sec. 6.03(c), (d), (f), (h), and (i) on equal protection and due process grounds as those rights vest in persons only. Even if individuals joined in a suit with MUD are considered persons, not district directors, the personal rights of equal protection and due process are not infringed by the Property Tax Code. Colony Municipal Utility District No. 1 of Denton County v. Appraisal District of Denton County, 626 S.W.2d 930 (Tex. App. - Denton 1982, writ ref n.r.e.). A chief appraiser may not serve as chairman of the appraisal district board of directors. Atfy Gen. Letter Opinion LO -90-45 (1990). The common law doctrine of incompatibility does not bar a director of an appraisal district from contracting under Sec. 6.30 of the tax code with a local political subdivision to collect its delinquent taxes. An attorney who has contracted with a taxing unit to collect its delinquent taxes is not an "employee" under Sec. 6.03. Op. Tex. Att'y. Gen. No. JM -1060 (1989). Section 6.036, however, would bar an attorney who collects delinquent taxes for a taxing unit from serving on the board of directors. The procedure for selecting members of appraisal district boards of directors is not governed by the Texas Election Code. Dates set out in Sec. 6.03(f) and (g) are directory and not mandatory. A written communication concerning votes of the taxing unit must be submitted to the county clerk. The county clerk has neither duty nor authority to determine nominees' qualifications. A unit may not cast its voting entitlement for a person other than one nominated and named on the ballot, and the county clerk lacks authority to include any such vote in declaring election results. Op. Tex. Att'y Gen. No. JM -166 (1984). The first election for board of directors of a property tax appraisal district should be held in Fall 1979, and incorporated villages may participate in the election. Op. Tex. Atfy Gen. No. MW -126 (1980). A county clerk has no authority to require taxing units to provide information on their tax collection and related matters to determine voting entitlement. Id. The State Property Tax Board lacks authority to make rules clarifying the procedure for electing the appraisal district board of directors. Id. http:// www .tad.org /WebPages /BOb_law.htm 11/3/2005 TAD 801) Law Page 4 of 8 The Harris County Board of School Trustees is not eligible to vote for directors of the appraisal district nor are community junior colleges eligible. Id. Sec. 6.031. Changes in Board Membership or Selection. (a) The board of directors of an appraisal district, by resolution adopted and delivered to each taxing unit participating in the district before August 15, may increase the number of members on the board of directors of the district to not more than 13, change the method or procedure for appointing the members, or both, unless the governing body of a taxing unit that is entitled to vote on the appointment of board members adopts a resolution opposing the change, and files it with the board of directors before September 1. If a change is rejected, the board shall notify, in writing, each taxing unit participating in the district before September 15. (b) The taxing units participating in an appraisal district may increase the number of members on the board of directors of the district to not more than 13, change the method or procedure for appointing the members, or both, if the governing bodies of three - fourths of the taxing units that are entitled to vote on the appointment of board members adopt resolutions providing for the change. However, a change under this subsection is not valid if it reduces the voting entitlement of one or more taxing units that do not adopt a resolution proposing it to less than a majority of the voting entitlement under Section 6.03 of this code or if it reduces the voting entitlement of any taxing unit that does not adopt a resolution proposing it to less than 50 percent of its voting entitlement under Section 6.03 of this code and if that taxing unit's allocation of the budget is not reduced to the same proportional percentage amount, or if it expands the types of taxing units that are entitled to vote on appointment of board members. (c) An official copy of a resolution under this section must be filed with the chief appraiser of the appraisal district after June 30 and before October 1 of a year in which board members are appointed or the resolution is ineffective. (d) Before October 5 of each year in which board members are appointed, the chief appraiser shall determine whether a sufficient number of eligible taxing units have filed valid resolutions proposing a change for the change to take effect. The chief appraiser shall notify each taxing unit participating in the district of each change that is adopted before October 10. (e) A change in membership or selection made as provided by this section remains in effect until changed in a manner provided by this section or rescinded by resolution of a majority of the governing bodies that are entitled to vote on appointment of board members under Section 6.03 of this code. (f) A provision of Section 6.03 of this code that is subject to change under this section but is not expressly changed by resolution of a sufficient number of eligible taxing units remains in effect. (g) For purposes of this section, the conservation and reclamation districts in an appraisal district are considered to be entitled to vote on the appointment of appraisal district directors if. (1) conservation and reclamation district has filed a request to the chief appraiser to nominate and vote on directors in the current year as provided by Section 6.03 (c); or (2) conservation and reclamation districts were entitled to vote on the appointment of directors in the appraisal district in the most recent year in which directors were appointed under Section 6.03. Added by 1981 Tex. Laws (1st C.S), p. 121, ch. 13, Sec. 16; amended by 1987 Tex. Laws, ch. 59, Sec. 2; amended by HB 2301, 71 st Leg., 1989, eff. Jan. 1, 1990. http;// www .tad.org /WebPages /BOD_Iaw.htm 11/3/2005 TAD BOD Law Cross References: Selection of appraisal district by taxing unit, see Sec. 6.02. Determination of voting entitlement, see Sec. 6.03(d). Optional staggered terms for board members, see Sec. 6.032. Recall of board members, see Sec. 6.032. Notes: Page 5 of 8 Where city's petition alleged that the "three- fourths rule" (which authorizes the appropriate governing bodies to increase the number of appraisal board directors and to change the method of computing the voting entitlement of the taxing units) was unconstitutional, city was entitled to have the trial court consider such issues and was not required to prove that there was a substantial basis for its contentions at the dismissal hearing. Houston v. Rodehever, 615 S.W.2d 837 (Tex.App.- Houston 1981, writ ref n.r.e.). City sought declaratory judgment against the chief appraiser and all taxing units to void plan adopted by three - fourths of the taxing units that would change the method of selecting members of the board of directors. The change of method exceeded statutory authority because no right exists to change the method from cumulative voting as already authorized by statute. Huffman v. Arlington, 619 S.W.2d 425 (Tex.App. -Ft. Worth 1981, writ refd n.r.e.) Sec. 6.033. Recall of Director. (a) The governing body of a taxing unit may call for the recall of a member of the board of directors of an appraisal district appointed under Section 6.03 of this code for whom the unit cast any of its votes in the appointment of the board. The call must be in the form of a resolution, be filed with the chief appraiser of the appraisal district, and state that the unit is calling for the recall of the member. If a resolution calling for the recall of a board member is filed under this subsection, the chief appraiser, not later than the 10th day after the date of filing, shall deliver a written notice of the filing of the resolution and the date of its filing to the presiding officer of the governing body of each taxing unit entitled to vote in the appointment of board members. (b) On or before the 30th day after the date on which a resolution calling for the recall of a member of the board is filed, the governing body of a taxing unit that cast any of its votes in the appointment of the board for that member may vote to recall the member by resolution submitted to the chief appraiser. Each taxing unit is entitled to the same number of votes in the recall as it cast for that member in the appointment of the board. The governing body of the taxing unit calling for the recall may cast its votes in favor of the recall in the same resolution in which it called for the recall. (c) Not later than the 10th day after the last day provided by this section for voting in favor of the recall, the chief appraiser shall count the votes cast in favor of the recall. If the number of votes in favor of the recall equals or exceeds a majority of the votes cast for the member in the appointment of the board, the member is recalled and ceases to be a member of the board. The chief appraiser shall immediately notify in writing the presiding officer of the appraisal district board of directors and of the governing body of each taxing unit that voted in the recall election of the outcome of the recall election. If the presiding officer of the appraisal district board of directors is the member whose recall was voted on, the chief appraiser shall also notify the secretary of the appraisal district board of directors of the outcome of the recall election. (d) If a vacancy occurs on the board of directors after the recall of a member of the board under this section, the taxing units that were entitled to vote in the recall election shall appoint a new board member. Each taxing unit is entitled to the same number of http:// www .tad.org /WebPages /BOD_law.htm 11/3/2005 TAD BOD Law Page 6 of 8 votes as it originally cast to appoint the recalled board member. Each taxing unit entitled to vote may nominate one candidate by resolution adopted by its governing body. The presiding officer of the governing body of the unit shall submit the name of the unit's nominee to the chief appraiser on or before the 30th day after the date it receives notification from the chief appraiser of the result of the recall election. On or before the 15th day after the last day provided for a nomination to be submitted, the chief appraiser shall prepare a ballot, listing the candidates nominated alphabetically according to 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. On or before the 15th day after the date on which a taxing unit's ballot is delivered, the governing body of the taxing unit shall determine its vote by resolution and submit it to the chief appraiser. On or before the 15th day after the last day on which a taxing unit may vote, the chief appraiser shall count the votes, declare the candidate who received the largest vote total appointed, and submit the results to the presiding officer of the governing body of the appraisal district and of each taxing unit in the district and to the candidates. The chief appraiser shall resolve a tie vote by any method of chance. (e) if the board of directors of an appraisal district is appointed by a method or procedure adopted under Section 6.031 of this code, the governing bodies of the taxing units that voted for or otherwise participated in the appointment of a member of the board may recall that member and appoint a new member to the vacancy by any method adopted by resolution of a majority of those governing bodies. If the appointment was by election, the method of recall and of appointing a new member to the vacancy is not valid unless it provides that each taxing unit is entitled to the same number of votes in the recall and in the appointment to fill the vacancy as it originally cast for the member being recalled. Added as Section 6.032 by 1985 Tex. Laws, p. 2356, ch. 273, Sec. 1; renumbered as Section 6.033 and amended by 1987 Tex. Laws, ch. 59, Sec. 5. Cross References: Governing bodies entitled to vote on board selection, see Sec. 6.03(c). Voting entitlement of taxing unit, see Sec. 6.03(d). Sec. 6.034. Optional Staggered Terms for Board of Directors. (a) The taxing units participating in an appraisal district may provide that the terms of the members of the board of directors be staggered if the governing bodies of at least three - fourths of the taxing units that are entitled to vote on the appointment of board members adopt resolutions providing for the staggered terms. A change to staggered terms may be adopted only if the method or procedure for appointing board members is changed under Section 6.031 of this code to eliminate or have the effect of eliminating cumulative voting for board members as provided by Section 6.03 of this code. A change to staggered terms may be proposed concurrently with a change that eliminates or has the effect of eliminating cumulative voting. (b) An official copy of a resolution providing for staggered terms adopted by the governing body of a taxing unit must be filed with the chief appraiser of the appraisal district after June 30 and before October 1 of a year in which board members are to be appointed, or the resolution is ineffective. (c) Before October 5 of each year in which board members are to be appointed, the chief appraiser shall determine whether a sufficient number of taxing units have filed valid resolutions proposing a change to staggered terms for the change to take effect. Before October 10 the chief appraiser shall notify each taxing unit participating in the district of a change that is adopted under this section. (d) A change to staggered terms made under this section becomes effective beginning on January 1 of the next even - numbered year after the chief appraiser determines that http:// www .tad.org /WebPages /BOD_law.htm 11/3/2005 TAD BOD Law Page 7 of 8 the change has been adopted. The entire board of directors shall be appointed for that year without regard to the staggered terms. At the earliest practical date after January 1 of that year, the board shall determine by lot which of its members shall serve one -year terms and which shall serve two -year terms in order to implement the staggered terms. If the board consists of an even number of board members, one -half of the members must be designated to serve one -year terms and one -half shall be designated to serve two -year terms. If the board consists of an odd number of board members, the number of members designated to serve two -year terms must exceed by one the number of members designated to serve one -year terms. (e) After the staggered terms have been implemented as provided by Subsection (d) of this section, the appraisal district shall appoint annually for terms to begin on January 1 of each year a number of board members equal to the number of board members whose terms expire on that January 1, unless a change in the total number of board members is adopted under Section 6.031 of this code to take effect on that January 1. (f) if a change in the number of directors is adopted under Section 6.031 of this code in an appraisal district that has adopted staggered terms for board members, the change must specify how many members' terms are to begin in even - numbered years and how many members' terms are to begin in odd- numbered years. The change may not provide that the number of members whose terms are to begin in even - numbered years differs by more than one from the number of members whose terms are to begin in odd - numbered years. (g) A change to staggered terms made as provided by this section may be rescinded by resolution of a majority of the governing bodies that are entitled to vote on appointment of board members under Section 6.03 of this code. To be effective, a resolution providing for the rescission must be adopted by the governing body and filed with the chief appraiser after June 30 and before October 1 of an odd - numbered year. If the required number of resolutions are filed during that period, the chief appraiser shall notify each taxing unit participating in the district that the rescission is adopted. If the rescission is adopted, the terms of all members of the board serving at the time of the adoption expire on January 1 of the even - numbered year following the adoption, including terms of members who will have served only one year of a two -year term on that date. The entire board of directors shall be appointed for two -year terms beginning on that date. (h) If an appraisal district that has adopted staggered terms adopts or rescinds a change in the method or procedure for appointing board members and the change or rescission results in a method of appointing board members by cumulative voting, the change or rescission has the same effect as a rescission of the change to staggered terms made under Subsection (g) of this section. (i) If a vacancy occurs on the board of directors of an appraisal district that has adopted staggered terms for board members, the vacancy shall be filled by appointment by resolution of the governing body of the taxing unit that nominated the person whose departure from the board caused the vacancy, and the procedure for filling a vacancy provided by Section 6.03 of this code does not apply in that event. Added by 1985 Tex. Laws, p. 4576, ch. 601, Sec. 1; amended by 1987 Tex. Laws, ch. 59, Sec. 4 and ch. 167, Sec. 5.01(a)(51). Cross References: Governing bodies entitled to vote on board selection, see Sec. 6.03(c). Voting entitlement of taxing unit, see Sec. 6.03(d). Largest cumulative vote totals determine candidates, see Sec. 6.03(g). Changes in board membership or selection, see Sec 6.031. http:// www .tad.org /WebPages /BOD_low.htm 11/3/2005 TAD BOD Law Page 8 of 8 Back to TAD Board From the Chief Appraiser TAD Board ARB Board Community Service Technology Privacy Policy Copyright ©1997 -2005 Tarrant Appraisal District www.tad.org All rights reserved http:// www .tad.org /WebPages /BOD_law.htm 11/3/2005