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CC Resolution No. 787 1334 RESOLUTION NO. 787 A RESOLUTION PROVIDING FOR A CHANGE IN THE METHOD OF SELECTING THE MEMBERS OF THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT . WHEREAS , the Harris County Appraisal District was created by the provisions of the Texas Property Tax Code and is charged with the responsibility of performing , in the time and manner set forth in such Code , various functions relating to the appraisal of such property for ad valorem tax purposes by all taxing units within such District ; and WHEREAS , said District is , and shall be , governed by a Board of Directors appointed by the governing bodies of the County of Harris and the incorporated cities and towns and the school districts within such Appraisal District ; and WHEREAS , Section 6. 03 of the Property Tax Code prescribes the basic composition of such Board and the qualifications and the time and method of selection of its members ; and WHEREAS, Section 6. 031 of such Code authorizes the governing bodies of three fourths of the taxing units that are entitled to vote on the appointment of the members of said Board to change, by resolutions duly adopted , the method and procedure , either or both , for appointing such Board members ; and WHEREAS , this governing body of a taxing unit entitled to participate in effecting a change in such method and procedure deems it appropriate and in the public interest to authorize and support a change in the method and procedure of appointing the members of the Board of Directors of. the Harris County Appraisal District ; NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: 1335 Section 1 : That the Board of Directors of the Harris County Appraisal District shall be composed of five members , each of whom must meet the residency requirements and shall be appointed for the term of office prescribed by Section 6 . 03(A) and 6 . 03(b) , respectively , of the Texas Property Tax Code . Section 2 : That , pursuant to the authority granted by Section 6 . 031 0£ said Code , the method and procedure for appointing the five members to such Board of Directors shall be changed from that prescribed in Section 6 .03 of said Code to the following: BY WHOM APPOINTED (a) The governing body of the County of Harris shall appoint one member to the Board. (b) The governing body of the City of Houston shall appoint one member to the Board. (c) The governing body of the City of Houston Independent School District shall appoint one member to the Board. (d) The governing bodies of all incorpoated cities and towns, excluding the City of Houston , within the Appraisal District shall appoint one member to the Board . (e) The governing bodies of all school districts , excluding the Houston Independent School District , within the Appraisal District shall appoint one member to the Board. TIME AND METHOD OF APPOINTMENT Those members appointed by the County of Harris , the City of Houston, and the Houston Independent School District shall be appointed by a resolution of the respected governing bodies adopted prior to November 15 in each odd numbered year . A certified copy of each such resolution shall be delivered to the Secretary of the Board of Directors of the District prior to December 1 of such year . The members appointed by all incorporated cities and towns , other than the City of Houston , shall be selected in the following manner : Each such city and town may nominate, by resolution adopted by its governing body, one candidate for the position on the Board to be filled by such cities and towns . The presiding officer of each such city and town making such a nomination shall submit the name of its nominee to the County Clerk of Harris County prior to October 15 of each odd numbered year. Before October 30 of such year , the -2- 1336 County Clerk shall prepare a ballot , listing the candidates thus nominated alphabetically according to the first letter in each candidate ' s surname , and shall deliver a copy of such ballot to the presiding officer of the governing body of each such city and town . The governing body of each such city and town shall be entitled to one vote for the candidate of its choice whose name appears on such ballot . Such vote shall be expressed by resolution of each such governing body and delivered by the presiding officer thereof to the County Clerk prior to November 15 of such year . The County Clerk shall count the votes , declare the candidate who received the highest number of votes elected, and, prior to December 1 of such year , submit the results of such election to the governing body of each such city and town , to the candidates nominated , and to the Secretary of the Board of Directors of the District . The County Clerk shall resolve a tie vote by any method of chance. The member appointed by all school districts , other than the Houston Independent School District , shall be selected at the same time and in the same manner as the member selected by those cities and towns other than the City of Houston . LIMITATION ON NUMBER OF TAXING UNIT EMPLOYEES WHO MAY SERVE AS DIRECTORS Section 6. 03(a) of the Property Tax Code provides in part that not more than one employee of a taxing unit may serve on the Board of Directors of the District at one time. Therefore, in the event two or more employees of taxing units within the District are appointed to serve on such Board at the same time , the one who shall become eligible to serve shall be determined not later than December 5 by any method of chance selected by the Secretary of the Board of Directors and conducted in his presence and in the presence of such appointed taxing unit employees . The results of such determination by chance shall be immediately transmitted in writing by the Secretary of the Board to the governing body of the taxing unit or units whose appointee or appointees have been thus precluded from serving on the Board and such governing body or bodies shall forthwith appoint another person , who is not an employee of a taxing unit , to serve on such Board of Directors . The method and procedure employed for any such appointment shall be the same as that employed in the original appointment . If a vacancy on the Board occurs , an employee of a taxing unit shall not be eligible for appointment to fill the unexpired term if there is another employee of a taxing unit then serving on such Board. VACANCIES ON THE BOARD In the event a vacancy occurs on the Board of Directors , the Chairman or Secretary of the Board shall give written notice thereof to the governing body of the taxing unit or units who appointed the person who vacated such position . Such notice shall be delivered to such taxing unit or units within ten days after such vacancy occurs . Within sixty days after such notification , the governing body of bodies of such taxing unit or units who initially appointed the -3- 1337 person to the position vacated shall fill such position for the unexpired term. The method and procedure employed in appointing a person to fill such vacancy shall be the same as that employed in the appointment of the person who vacated such position . Section 3 : That the Secretary or Clerk of the City of Baytown be , and is hereby authorized and directed to deliver or cause to be delivered a certified copy of this Resolution to the County Clerk of Harris County prior to October 1 , 1981 , and that said County Clerk be and is hereby authorized and requested to record this Resolution as an official election of the governing body of this taxing unit to change the method and procedure for appointing the members of the Board of Directors of the Harris County Appraisal District . Section 4 : This Resolution shall take effect from and after its passage . INTRODUCED, READ and PASSED by this affirmative vote of the City Council of the City of Baytown on this the lOth day of _September_-_ 1981 . TT O. H TO, Mayor - --- - ATTEST: EILEEN P. HALL , City Clerk APPROVED: RANDALL B. STRO G, City At ney