HomeMy WebLinkAbout16575 RES - 09/30/1981sp;9/28/81 ;1st
A RESOLUTION
APPROVING AN ALTERNATE PLAN FOR CHANGING THE NUMBER
OF DIRECTORS ON THE BOARD OF THE NUECES COUNTY TAX
APPRAISAL DISTRICT FROM FIVE TO SEVEN AND SPECIFY-
ING A PLACE SYSTEM TO BE USED IN FILLING SEATS ON
THE BOARD OF DIRECTORS; AND DECLARING AN EMERGENCY.
WHEREAS, the 66th Texas Legislature, regular session, 1979 enacted
Senate Bill No. 621 amending Title 1 of the Tax Code and the 67th Texas
Legislature Special Session, 1981, enacted changes to said legislation,
which enactments are hereafter referred to as the "Act"; and
WHEREAS, any change in membership or selection of the Board of Direc-
tors of the Appraisal District made prior to August 14, 1981 --under the
original three-fourths rule of 1979 --expires December 31, 1981, and it is
the desire and intent of this Resolution to propose anew, and adopt an
alternative means of selection and increase the number of Board members
under the method required by the 67th Texas Legislature, Special Session,
1981, and
WHEREAS, Subchapter A of the Act provides for the establishment of
Appraisal Districts and for.alternativemeans of selecting the Board of
Directors for such Districts; and
WHEREAS, unless fifteen (15) of the twenty (20) taxing units situated
in Nueces County, Texas, which are entitled to vote take affirmative action
to adopt an alternative method for selecting members of the Board of Direc-
tors of the Appraisal District as provided in Section 6.03 (i) of the Act,
the members of the Board of Directors of the Appraisal District for Nueces
County, Texas, hereafter called "Nueces County Appraisal District" shall
consist of five (5) members elected in accordance with the provisions of
Section 6.03(a) to (h) of the Act for two (2) year terms, beginning
January 1, 1982; and
WHEREAS, it is the intent and desire of the governing body of this
taxing unit, to change the number of members of the Board of Directors of
the Nueces County Appraisal District from five (5) to seven (7), and to
select the members of such Board of Directors by a place voting system, as
hereafter described:
NOW, THEREFORE, BE IT RESOLVED, that the method selecting the seven
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members of such shard of Directors of the Nueces County Appraisal District
shall be as follows:
1. The Board of Directors of the Nueces County Appraisal District
shall consist of seven (7) members. Each member shall serve a two-year
term and shall have one vote. Each member of the board shall be selected
or elected to fill one place on the board, which places shall be numbered
one through seven. The tern of each member shall begin on January 1, 1982,
or on January 1, of each even -numbered year thereafter.
2. The governing body of the Corpus Christi Independent School
District shall be entitled to designate the board numbers to hold Place One
and Two, and shall submit the names of such members to the Nueces County
Clerk before October 15, 1981, and each odd -numbered year thereafter.
3. The governing body of the City of Corpus Christi shall be
entitled to designate the board members to hold Places Three and Four, and
shall submit the names of such members to the Nvp,es County Clerk before
October 15, 1981, and each odd- numbered year thereafter.
4. The governing body of Nueces County shall be entitled to desig-
nate the board member to hold Place Five, and shall submit the name of such
men>ber to the Nueces County Clerk before October 15, 1981, and each odd -
numbered year thereafter.
5. The governing bodies of the City of Port Aransas, the Calallen
Independent School District, the Flour Bluff Independent School District,
the Port Aransas Independent School District, the Tuloso-Midway Independent
School District and the West -Oso Independent School District shall be entitled
to elect the board member to hold Place Six in accordance with the terms of
Section 6.03 of the Act, as if, with respect to such Place Six, such six taxing
units constituted all of the taxing units eligible to vote in such Nueces
County Appraisal District. That is, the governing body of each of such six
taxing units shall be entitled to cast the number of votes for such Place Six
director determined for each respective taxing unit by: (a) dividing
the total dollar amount of property taxes imposed by the taxing unit for the
preceding tax year by the sum of the total dollar amount of property taxes
imposed for that year by each of the taxing units enumerated in this paragraph
5; (b) multiplying the quotient by 1,000; and (c) rounding the product to the
nearest whole number.
The Nueces County Clerk shall calculate the number of votes which each
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taxing unit is entitled to cast and shall deliver written notice to the
presiding officer of the governing body of each of the taxing units desig-
nated in this paragraph 5, specifying the voting entitlement of such taxing
unit before October 1, 1981, and each odd -numbered year thereafter.
Each taxing unit designated in this paragraph 5 may nominate by
resolution adopted by its governing body one candidate for such Place Six.
The presiding officer of the governing body of the taxing unit shall submit
the name of the taxing unit's nominee to the Nuccco County Clerk before
October 15, 1981, and each odd -numbered year thereafter. Before October 30,
1981, and each odd -numbered year thereafter, the Nueces County Clerk 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 under the terms of this paragraph 5.
The governing body of each taxing unit entitled to vote under the terms
of this paragraph 5 shall determine its vote by resolution and submit the
results of same to the Nuurps County Clerk before November 15, 1981, and
each odd -numbered year thereafter. The Nueces County Clerk shall count the
votes, declare the candidate who receives the largest number of votes cast
and submit the results before December 1, 1981, and each odd -numbered war
thereafter, to the governing body of each taxing unit in the Nueces County
Appraisal District and to the candidates.
6. The governing bodies of the City of Agua Dube,_the City of Bishop, _
the City of Driscoll, the City of Robstown, the Agua Dulce Independent
School District, the Banquete Independent School District, the Bishop Indepen-
dent School District, the Driscoll Independent School District, the London
Independent School District, the Robstown Independent School District, and
the Santa Cruz Independent School District, shall be entitled to elect the
hoard member to hold Place Seven, in arrnrdance with the terms of Section
6.03 of the Act, as if, with respect to such Place Seven, such eleven taxing
units constituted all of the taxing units eligible to vote in such Nueces
County Appraisal District. That is, the governing body of each of such
eleven taxing units shall be entitled to cast the number of votes for such
Place Seven director determined for each respective taxing unit by: (a)
dividing the total dollar amount of property taxes imposed by the taxing
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unit for the preceding tax year by the sum of the total dollar amount of
property taxes imposed for that year by each of the taxing units enumerated
in this paragraph 6; (b) multiplying the quotient by 1,000; and (c) rounding
the product to the nearest whole number.
The Nueces County Clerk shall calculate the number of votes which each
taxing unit is entitled to cast and shall deliver written notice to the
presiding officer of the governing body of each of the taxing emits designated
in this paragraph 6, specifying the voting entitlement of such taxing unit
before Octaber 1, 1981, and each odd -numbered year thereafter.
Each taxing unit designated in this paragraph 6 may nominate by resolution
adopted by its governing body one candidate for such Place Seven. The
presiding officer of the governing body of the taxing unit shall submit the
name of the taxing unit's nominee to the Nueces County Clerk before October 15,
1981, and each odd -numbered year thereafter. Before October 30, 1981, and each
odd -numbered year thereafter, the Nueces County Clerk 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
under the terms of this paragraph 6.
The governing body of each taxing unit entitled to vote under the terms
of this paragraph 6 shall determine its vote by resolution and submit the
results of sane to the Nueces County Clerk before November 15, 1981, and each
odd -numbered -year thereafter. The Nueces County Clerk shall count the votes,
declare the candidate who receives the largest nunber of votes cast and submit
the results before December 1, 1981, and each odd -numbered year thereafter, to
the governing body of each taxing unit in the Nueces County Appraisal District
and to the candidates.
7. -If a vacancy occurs in Places One, Two, Three, Four or Five, the
governing body of the taxing unit entitled to designate the member to hold such
place, as specified in paragraphs 2, 3 and 4 above, shall fill the vacancy
within twenty (20) days after notification from the Board of Directors of the
Nueces County Appraisal District of the existence of such vacancy.
If a vacancy occurs in Places Six or Seven, each taxing unit that is
entitled to elect the nember to hold such place, as enumerated in paragraphs
5 and 6 above, shall within ten (10) days after notification fLuu the Board
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of Directors of the Nueces County Appraisal District of the existence of
such vacancy, nominate a candidate by resolution adopted by the governing
body. The presiding officer of the governing body of each taxing unit
eligible to vote shall submit the name of the taxing unit's nominee for such
place to the Nueces County Clerk within fifteen (15) days after notification
of the existence of such vacancy and, within fifteen (15) days thereafter,
the Nueces County Clerk shall prepare a ballot listing the candidates alpha-.
betically according to the first letter in each candidate's surname and
deliver a copy of the ballot to the presiding officer of the governing body
of each taxing unit entitled to vote. The governing body of each taxing
unit entitled to vote shall determine its vote by resolution and submit it
to the Nueces County Clerk within ten (10) days thereafter. The Nueces County
Clerk shall count the votes, declare the candidate who received the largest
vote elected and submit the results to the governing body of each taxing unit
in the district and to the candidates within five (5) days thereafter.
All vacancies shall be filled for the unexpired term. The latest avail-
able tax levy shall be used for computing the number of votes which each taxing
body is entitled to cast at each election to fill a vacancy.
BE IT FURTHER RESOLVED that the presiding officer of this governing body
is hereby authorized and directed to take such steps and to execute such in-
struments as may be necessary to expedite the implementation of this Resolution.
The foregoing Resolution was duly offered, seconded and passed at a meet-
ing of such governing body duly called and held in accordance with the applica-
ble provisions of law at which meeting a legal quorum was present.
That upon written request of the Mayor or five Council members, copy attached,
to find and declare an emergency due to the need of adopting an alternative
means of selection and increasing the number of Board members as required by
the 67th legislature as soon as possible, such finding of an emergency is made
and declared requiring suspension of the Charter rule as to consideration and
voting upon ordinances or resolutions at three regular meetings so that this
Resolution is passed and shall take effect upon first reading as an emergency
measure this .30 day of September, 1981.
ATTEST:
City Secrete
PRAYED
J gli OF SEPTEMBER, 1981
Bruce Aycock, City ttorney
MAYOR
THE CI OF CORPUS CHRISTI, TEXAS
•
Corpus Christi, as
3V day of , 1981
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance or resolution,
an emergency exists requiring suspension of the Charter rule as to consideration and voting
upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you
suspend said Charter rule and pass this ordinance or resolution finally on the date it is
introduced, or at the present meeting of the City Council.
Respectfully, Respectfully,
ouncil Members
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
The above ordinance was passed by the following vote:
Luther Jones
Betty N. Turner
Jack K. Dumphy
Bob Gulley
Herbert L. Hawkins, Jr.
Dr. Charles W. Kennedy
Cliff Zarsky
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