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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 16575 SEP 2 71984 MICROFILMED 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 -2- 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 -3- 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 -4- 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 16575