09-G LCAD Bd Nomination
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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
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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
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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
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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.
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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. '
. " '.
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'e boundaries that
,~_ding that, With
ncts has appriùsaI '
>n'- appropriate' 'to'
or other property'
e"d~tricts, inc1ud~.;
1roperty, and' tlie~' I '
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§ 6.03
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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,
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'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~~'¡,:"",,',.,,.
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§ 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
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PROPERTY TAX ¡ÇODE ~ "
: Title '1
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' 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,
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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
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~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
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-§ 6~031
PROPER
Ch.6
(1) a
apprais
by Secti
(2) cc
apP9int¡
which d
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,PROPER1Y TAX CODE
Title 1
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§ 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.
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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 ,
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