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09-G LCAD Bd Nomination - -- . -"","" _.-',-,-"",,;,---.- '.- ", - ..- f:attorney\reswork\current\ LCAD Board Nomination - 2005 Alternate Draft October 19,2005 DRAFT RESOLUTION:N9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, NOMINATING A CANDIDATE OR CANDIDATES FOR MEMBERSHIP ON THE BOARD OF DIRECTORS OF THE LAMAR COUNTY APPRAISAL DISTRICT; MAKING OTHER FINDINGS AND PROVISIONS RELA TED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris has been asked to nominate a candidate or candidates for membership on the Board of Directors of the Lamar County Appraisal District; and, WHEREAS, the City Council is desirous of nominating [ 1; NOW, THEREFORE, BElT RESO L VEn BY THE CITY CO UN CIL OF THE CITY OF PARIS, PARIS, TEXAS: and Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That r and 1 be, and he/she/they is/are hereby, nominated to serve as a member of the Board of Directors of the Lamar County Appraisal District. Section 3. That the City Clerk, be, and she is hereby, directed to timely deliver a copy of this Resolution to the Lamar County Appraisal District. Section 4. That this resolution shall be effective :&om and after its date of passage, PASSED AND APPROVED this 24th day of October, 2005. Curtis Fendley, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney ! l T I ... "...'- -- '-~"";-"::_".~ ".'" . . -- .. ,...::;::,:;:,.:..::.'-...~ " . .. ¡;;¡ -t RECEIVED 0 C T \ 7 2005 October 11, 2005 CITY MANAGER PARIS, TEXAS From: Lamar County Appraisal District To: Taxing Entities RE: Election of Board of Directors for 2006/2007 for Lamar County Appraisal District The flve member board of the Lamar County Appraisal District will be open for election this year. I am including the number of votes per entity and the general schedule to be followed for nominations. Please submit the name of nominees to the appraisal district by a written resolution adopted in an open meeting of the governing body by November 16, 2005. Thank you, ~ Cathy Jackson Chief Appraiser t T I --0._. -..- "'" ,,',' ---- ,,: -", .. -~ .. - '" ,: V OTES PER ENTITY LAMAR COUNTY APPRAISAL DISTRICT BOARD OF DIRECTORS ENTITY VOTES City of Blossom 12 City of Deport 6 City of Paris 845 City of Reno 39 City of Roxton 4 Chisum I S D 885 North Lamar I S D 1149 Paris I S D 1014 Prairiland I S D 188 Roxton I S D 46 Lamar County 812 \ 1 I "" , ~,;::", ',," ..' "';" ,;.i:.'" "". " , ' , , .c.., ,'" ',,': ',-.,'..--..,,", ..;, '- ,) ,,' CALENDER FOR SELECTION OF APPRAISAL DISTRICT BOARD MEMBER 2005 IS-Oct By this date, chief appraiser must notify each voting taxing unit of the number of votes it may cast. 16-Nov By this date, the presiding officer of each voting taxing unit must submit the name of the nominees by a written resolution adopted in any open meeting of the governing body. 29-Nov By this date, the chief appraiser must prepare a ballot listing the nominees and deliver a copy of this ballot to the presiding officer of the governing body of each voting taxing unit. IS-Dee By this date, each voting taxing unit must vote in open meeting and report its vote to the chief appraiser by written resolution. Votes must be cast for persons nominated and named on the ballot. f\ unit may cast all its votes for one candidate or may distribute its votes among any number of candidates. 30- Dee By this date, the chief appraiser must count the votes and declare the candidates who received the largest vote totals. The chief appraiser must notify all taxing units and all candidates of the outcome. l T I , , ,!~F~~' , PERrY TAX - C~:Q~{~" c~',~ãÕ~ERTY TAX: CODE' , ~ltle.l1"! TiiIdil': .', ;. ~C'~~~¡j!:-'.(3) contains the form of a mitten advisory prescribed by the comptroller informing the .;, "! o\\'I1ers of property that reports and other documents required of the owners must be filed -- ",ith- or sent to each appraisal distlict and that the' owners should consider sending any .. other document relating to the property to each appraisal district. ' I (b) The advisory described by Subsection (a)(3) may be sent to a property owner having property appraised by each district when the notice of appraised value required by Section 25J9(a) is sent. , (c) The chief appraisers, of appraisal districts described by Subsection (a) shall to the extent practicable coordinate their' åppraisal activities so as to encourage and facilitate the appraisal of the same property appraised by each district at the same value.' , : (d) If on May 1 all the chief appraisers of the appraisal districts described by Subsection (a)- in which a parcel or item of property is located are not in agreement as to the appraised or market value of the property, on that date each of the chief appraisers shall enter as the appraised or market value of the' property on the appraisal records of the appropriate appraisal district the lowest appraised or market value of the property as determined by any of the chief appraisers. If as a result of a protest, appeal, or other action the appraised or market value of the property is subsequently reduced in any of the appraisal districts, the chief appraiser shall notify each of the appraisal districts of the reduced appraised or market , value~ The chief appraiser of each appraisal district shall enter that reduced appraised or market value on the appraisal records as the appraised or market value of the property. If the appraised or market value is reduced in more than c<:e 2,:,-praisal distri~t each chief åppraiser shall enter the lowest of those values on the appraisal records. (e), (f) Repealed by Acts 1999, 76th Leg., ch. 250, § 2, eff. Jan. 1,2000. Added by Acts 1995, 74th Leg., ch. 186, § 1, eff. Jan. 1, 1996. Amended by Acts 199ï, ï5th Leg., ch. 1357, § 1, err. Jan. 1, 1998; Acts 1999, 76th Leg., ch. 250, §§ 1,2, err. Jan. 1,2000; Acts 2003, 78th Leg., ch. 455, § 1, eff. Jan. 1,2004; Acts 2003, 78th Leg., ch. 1041, § l(a), eff. Jan. ,1,2004. Històrical and Statutory Notes , APPRAISAL BOARD, 30ard. 'cations; Penalty. '.' s tl Estate Litigation CH rocess And Procedure. ), Appraisal Di~t1icts. Establishment. " Boundaries. Split Situs. ' . " '. '. " 'e boundaries that ,~_ding that, With ncts has appriùsaI ' >n'- appropriate' 'to' or other property' e"d~tricts, inc1ud~.; 1roperty, and' tlie~' I ' ",' ': § 6.03 , . 'I 2003 Legislation. ,', Acts 2003, 78th Leg., ch. 455, and Acts 2003, 78th Leg., ch. 1041 added subsec. (d). ' , " , Section 2 of Acts 2003, 78th Leg., ch. 455 prò- 'ides:, , "This Act takes effect January 1, 2004, and applies only to the appraisal for ad valorem tax purposes of property for a tax year that begins on or after that date." , Section l(b) of Acts 2003, 78th Leg., ch. 1041 provides: , "(b) This section takes effect January 1, 2004, and applies only to the appraisal for ad valorem tax purposes of property for a t~ year that begins on or after that date." , Section 5(b) óf Acts 2003, 78th Leg., ch.' 1041 provides: "(b) The change in law made by this Act applies only to review of an appraisal of property that was initiated by the filing of a notice of protest with an appraisal review board on or after the effective date' of this Act. Review of an appraisal of 'proper- ty that was initiated by the filing of a notice of protest with an appraisal review board before the effective date of this Act is governed by the law in effect on the date the notice of protest was filed, and the former law is continued in effect for that purpose." '" , , Research References, Encyclopedias Treatises and Practice Aids, , " , .' " .'," ,,', .,', 'r:I:XJur. 3d Taxation §, 283, Boundaries., Texas Practice Guide, Real, Estate Litigation CH ,"i'X Jur. 3d. Taxation VI ~ REF, DiVisional '9.IV, 9 IV. Appraisal Proçess And.Proced~e., ~:-,~efer~nces.:-:;",:¡"~'ì, , "i"" '¡ "21Tex.J)rac:S~ries,~;72,:~~u~~azJ~~'¡,:"",,',.,,. - ';" ".. § 6.03. Board of Directors ' " ~ ',,(afThe appraisåldistri~tis gove~ecÌ,by a bóar~~f d~ectors~ Fiv~' mrëêtb¡'s are:ápPointed by,the taxing units that pårticipåte in the, district ås 'provided by this Section. ' I(the ~~unty asßessor-collector is l1ot appointed to ,the' board, the ~ county, assessor-collector serVes 'as' a , nonvoting dir~ctor:" The' countYaSsessor-collectór' is ineligi~le tQ'serve if the board enters iriW a "contracturider Section 6.05(b) or if, the' commissioners' court of the county enterS into a contract under Section 6.24(b)., To be eligible to se~e on 'the bÒard'of directörs;ail individual 13r , ' ", - '.., "'.,i,. ", , , L':~~~'~;:l' ': <,>, ,,! ,- , ;; , § 6.03 -- . "".. PROPERTY TAX ¡ÇODE ~ " : Title '1 - .' -:J , ' other than a county assessor-collector serVing as a nonvoting director must be, a resident of ' ' the district and must have resided in the district for at least two,years immediately prece<Ung , the date the individual takes office. An individual who is otherwise eligible to serve on,the board is, not ineligible because of membership on the governing body of a taxing unit if An employee of a 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 òfficial of á taJdng " unit that p~cipates in the district. "" , . ,,':~-j:~ri~?: ' (b) Members of the board of directors other than a county assessor..collector serving asa nonvoting director serve two-year terms beginning on January 1 of even-riumberedyears. (c) Members of the board of directors other than a co'unty assessor-colledtor serving' as,8 nonvoting director are appointed by vote of the governing bodies of the incorporated cities and to\vns, the school districts, and, if entitled to vote, the' conserVation and, reclamation - districts that participate in the district and 'of the county. A governing body may é8St ~its'ï, 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 conserYa~' tion 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:"-.'Ori receipt of a request, the chief appraiser shall certify a list by June 15 of all eligible conservation and reclamation districts that are imposing ta."(es and that participate iñthe' disb'ict. ," , . :; ", ' (d) The voting entitleme~t of a ta."<ing unit that is entitled to vote for directorS is determined by dividing the total dollar amount of property ta."(es 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', ubit 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 óther 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 to'WI1 having a city manager, and to the city secretary or clerk, if there is one, of each city or to'WI1 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 disbicts. ' , (í) 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 dishict before July 1 òf 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 upit's nominees to the chief appraiser before October 15. ' " , "', i' '.; , (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 disbict'~ governing body shall submit the name of the 4isbict's ,nomil1ee,to the chief appraiserbefQr~ July 15 of each odd-numbered year. Before August -I, -the chief appraiser shall prepare a nominating ballot, listing all the' nominees of ,conservation 'an~ ,re~lan1ation :districts,.~al~habeticallyþy surname, and shall, . 14:' , .', , . ' '_:'~>" ,J.,>:Ú'~~,:;yi'-~~,,,."',; . "" 'ì \ , ~ PROPERTY FJ Tjtle 1 deliver a copÿ , each district. ' ' . and submit it t most votes, is 1 district if the n¡ the conservatiol ballot with'the resolveatie'vot , (i) If no non percent of th~ September 1, S1 and reclamatior tion 'district ma Subsection (h). the conserVatio: and reclamatio provided by St~ votes is the non , , shall be named chief appraiser (j) Before 01 whose names, alphabeticaIÍy a copy"of the bal entitled to vote. (k) The gOVE resolution and f count the vote~ elected, and suI in the district received by tht reclamation dig reclamation dig of the conserva any method of ( (l) If a vacal by a county ass to vote by this: to f111 the vaca within 45 days and the chief a1 days a list of members one 0 (m) If a scho school district] Subchapter C residency requ: of the appraisa~ (1) the i!ld (2) the ine' district or, t members thr the appointrr Acts 1979, 66th I p.120, ch.13, §§ 1987, '70th Leg., ( 1991, 72nd Leg., Acts 1993, 73rd J RTY TAX, ÇODE Title 1 ' ,st, be, a resident of ' lediately preceding Jle to serve on the a taxing unit. An serve on the board òfficial of a taxing .lector serving as a. ! :1-~umbered years. ' lectãr serving as a incorporated cities n and reclamation dj" may cast all its :r of directorships. 3ast one conserva- written request to ,nbered year. On 15 of all eligible p~cipate in the " ~ for directors is in the district by 'nount of property ltitled to vote, by est whole number. d., A taxing unit trict in which it í.oting entitlement l taxing unit other :ten notice to each bered year. The . by the appraisal ~cipating in the manager, and to ~S not have a city ~t participating in conservation and .ll deliver written rict of its voting rict before July 1 hat is entitled to ndidate for each 'overning body of 'I r before October '.i ,: ~; , ate by resolution directors. The :>dy shall submit 'h odd-numbered )t; listing all the lame,' and shall I.t "(1ily ,', ~QP,ERTY TAX CODE' § 6.03 T;tl~: 1 ' , '(feliver a copy of the nominating ballot to the presiding officer of the board of directors of e~ch district. The board of directors of each district shall detennine its vote by resolution , and submit it to the chief appraiser before August 15. The nominee on the ballot \\ith the ~ost 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 ~esolve a tie vote by any method of chance. ' - (i) If no nominee of the conservation and reclamation districts receives more than 10 percent of the votes entitled to be cast under Subsection (h), the chief appraiser, before September 1, shall notify the presiding officer of the board of directors of each conservation ~d reclamation district of the failure to select a nominee. Each conservation and reclama- ~on district may submit a nominee by September 15 to the chief appraiser as provided by Subsection (h). The chief appraiser shall submit a second nominating ballot by October 1 to the, conservation and reclamation distIicts as provided by Subsection (h). The conservation and reclamation districts shall submit their votes for nomination before October 15 as provided by Subsection (h). The nominee' on the second nominating ballot "ith the 1.TIost votes is the nominee of the conservation and reclamation districts in the appraisal district and shall be named on the ballot \\ith the candidates nominated by the other ta.xing units. The chief appraiser sha11 resolve a tie vote by any method of chance. (j) Before October 30, the chief appraiser shall prepare a ballot, listing the candidates whose names were, timely submitted under Subsections (g) and, if applicable, (h) or (i) 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 ta.xing unit that is entitled to vote. (k) The governing body of each taxing unit entitled to vote shall detel1nine its vote by resolution and submit it to the chief appraiser before December 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 31 to the governing body of each ta.xing unit in the district and to the candidates. For purposes of deternlÍning 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 reGlamation districts. The chief appraiser shall resolve a tie vote by ~m~~~~~~' , . (l) If a vacancy'occurs on the board of directors other than a ~acancy in the position held by, a county assessor-collector serving as a nonvoting director, 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 45 days after notification from the board of directors of the existence of the vacancy, and the chief appraiser sha11 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 majorit;y 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 t,he school district located in the appraisal district is property annexed to the school district under Subchapter C or G, Chapter 41, Educatio~ Code,l an individual who does not meet the residency requirements of Subsection (a) is eligible to be appointed to the board of directors , of .tþe 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 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 "',tþe appointment of the individual. ":, , ' ' , Acts 1979, 66th Leg., p. 2224, ch. 841, § 1~ eff. Jan. 1, 1980. Amended by Acts 1981, 67th Leg., 1st C.S., p: 120, ch. 13, §§ 15, 167(a), err. Aug. 14i 1981; ActS 1987, 7Dill Leg., ch. 59; § 1, err. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 270, § 1, eff. Aug. 31, 1987; Acts 1989,,71st Leg., ch. 1123, § 2, err. Jan. 1, 1990; 'Acts 1991;'72l!d Leg., ch. 20,' § 15,err; Aug; 26, 1991; Acts, 1991, 72nd Leg., ch. 371, § l,eff. Sept.l,'1991; . , ActS 1993, 73rd Leg., ch.347, § 4.06, err. May 31, 1993; Acts 1997, 75th Leg., ch. 165, § 6.73, efr. Sept. 1, '~'" . ' 15 ,',,' .; , . ¡ i ; I i ! ¡ ¡ , ; I ¡ I I I , I I , I I ¡ ì ",-. . I !~ ' , t-!~" "I. ' , :.¡' - , t ¡'f,,"";' ; ~,i< ' , ' 1+ '.I: :; 'I" , ,;, , I, I',' I' ; . ":, 1 ,i :1 " ,I ,I , 'I ' , '!I :1 ~ 'i ' II :1 ' " " , ',~,.' ':: " . " :'..: ,:;:.: :'!'" ' ,', , ' , , -§ 6~031 PROPER Ch.6 (1) a apprais by Secti (2) cc apP9int¡ which d - ,PROPER1Y TAX CODE Title 1 , ; ", ", ~ § 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. f ' 1 ,1iJt~;,' ., 'r '1~7;'/ Added by . Amended b ch. 1123, § (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 propos- ing 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: ' Section 1St "A change district boarc selection that Property Tax this Act expir not apply to , beginning Jar conforms to " by Section 6.( by this Act. A 1981, but bef, and applies to Texts and Tre. 69 Texas JU! § 6.032. , ' Former § 6, Leg., ch. 273, ~ by Acts 1987, 7 'I § 6.033. (a) The go the board of this code fo board. The appraiser of of the memb under this Sl date of filing , ,date of its fi , "'~:,u,nit entitled d',(b) On or I ¡(,~he recall of , :i- : ' ;' J ì¡ , .:' , .. 62