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R2009-145 - 2009-08-31RESOLUTION NO. R2009-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT. WHEREAS, those eligible taxing units participating in the Harris County Appraisal District have the right and responsibility to elect one person to the board of directors of the Harris County Appraisal District; for a term of office commencing on January 1, 2010, and extending through December 31, 2011; and WHEREAS, this governing body desires to exercise its right to nominate a candidate for such position on said board of directors; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the facts and recitations set forth in the preamble of this resolution are hereby, adopted, ratified, and confirmed. Section 2. That Ed Heathcott is hereby nominated as a candidate for the position on the board of directors of the Harris County Appraisal District to be filled by those eligible taxing units participating in the Harris County Appraisal District for a two year term of office commencing on January 1, 2010. Section 3. That the presiding officer of the governing body of this taxing unit is hereby authorized and directed to deliver or cause to be delivered a certified copy of this resolution to the Chief Appraiser of the Harris County Appraisal District on or before October 14, 2009. RESOLUTION NO. R2009-145 PASSED, APPROVED and ADOPTED this the 31St day of August, A.D., 2009. TOM REID MAYOR ATTEST: ,, „». ,.,~~~ARL,gy©.. Y NG G, .,_X? ~~ ~~._ T SE ETAR ''` ~~ APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY • • • oJ��Y APP k,,A) Harris County Appraisal District Interoffice Memorandum OFFICE OF CHIEF APPRAISER TO: PRESIDING OFFICERS OF TAXING UNITS SERVED BY THE HARRIS COUNTY APPRAISAL DISTRICT FROM: JIM ROBINSON, CHIEF APPRAISER SUBJECT: SELECTION OF APPRAISAL DISTRICT BOARD MEMBERS DATE: AUGUST 3,2009 Your taking unit participates in selecting members of the Harris County Appraisal District's board.pfdirectors. The board is composed of six members who serve two-year terms, all of which expire December 31,2009. This memorandum describes the process of selecting directors for the two=year term that begins January 1,2010. Participating Units The current method of selecting directors was established by resolutions of the county,cities, and school districts participating in the appraisal district in 1981,and modified in 1991 after the law was changed to provide a voting entitlement to conservation and reclamation districts. Sec. 6.031,Tax Code, authorizes an appraisal district to vary both the size and the method of selecting its board members. The six members of the Harris County Appraisal District's board of directors are selected as follows: • One member appointed by the Harris County Commissio.ners Court. • One member appointed by the Houston City Council. • One member appointed by the board of trustees of the Houston.Independent School District. • One member appointed by votes of the city councils of the cities other than Houston.- Each city council casts a single vote. The candidate who receives the most votes is elected. • One member appointed by vote of the boards of trustees of the school districts other than Houston Independent School District. Each board casts a single vote. The candidate who receives the most votes is elected. • One member appointed by vote of the governing bodies of those conservation and reclamation districts that levied a property tax in 2009 and also plan to levy in 2010. Each body casts a single vote. The candidate who receives the most votes is elected. ` Presiding Officers, August 3,2009 Page 2 • In the event the county appoints someone other than the county assessor-collector to the • board,the county assessor-collector will serve ex officio in a non-voting capacity as a seventh member. • Board members whose terms expire December 31,2009,are: • • Glenn Peters, Chairman, representing conservation and reclamation districts • • Gary Stein, Secretary, representing City of Houston • • Toni Trumbull, Member,representing school districts,except Houston ISD • • Ed Heathcott, Member, representing cities &towns,except City of Houston • • Leo Vasquez,Member, representing Harris County • Lawrence Marshall;Member, representing Houston ISD Eligibility Requirements An individual must satisfy certain residency,employment, and conflict-of-interest requirements to be eligible to serve on the board of directors. Residency: The candidate must be a resident of the Harris County Appraisal District, and must have resided in the district for at least two years immediately preceding the date he or she takes office. The appraisal district's boundaries are the same as those for Harris County. Employment: An employee of a taxing unit served by the appraisal district may not serve, with one exception. An employee may serve if the employee is also a member of the governing body or an elected official of a taxing unit that participates in the district. For example, a member of • the governing body of a school district who is also a city employee would be eligible to serve on the appraisal district's board of directors. Elected officials or members of governing bodies who are not employed by taxing units are also eligible to serve on the board. Conflict-of-interest: A candidate may not serve if the candidate is related to a person who is in the business of appraising property or represents property owners for a fee in proceedings in the appraisal district. Relatives barred are those within the second degree by consanguinity (blood) or affinity (marriage). These persons include: spouse;children; brothers and sisters; parents; grandparents; and grandchildren. The spouse's relatives in the same degree are included. A candidate who contracts with the appraisal district for any purpose,or who contracts with a taxing unit served by the district for a property tax related purpose, may not serve. The same rule applies to candidates who have a substantial interest in businesses contracting with the appraisal district(for any purpose) or with the taxing unit(for property tax purposes). A candidate has a substantial interest if the candidate or the candidate's spouse has combined ownership of at least ten percent(10%) of the voting stock or shares of the business. A candidate also has a substantial interest if the candidate or the candidate's spouse is a partner, limited partner,or an officer of the business. These prohibitions on contracting continue for the duration of the affected director's term of office. 9 • Presiding Officers, August 3,2009 ° Page 3 • The appraisal district may not employ any person who is related to an appraisal district director within the second degree by affinity or the third degree by consanguinity. The provision applies to existing employees at the time the director takes office and to employees hired during the director's term. Delinquent taxes: Texas law makes a person ineligible to serve as an appraisal district director if he or she has delinquent property taxes owing to any taxing unit 60 days after the person knew or should have known of the delinquency. Selection Procedures The procedures for selecting members of the board of directors for the two-year term beginning on January 1,2010, are as follows: For Cities and Towns Other Than the City of Houston The cities and towns other than the City of Houston appoint one member by majority vote. The process for these cities and towns involves two steps: nomination and election. Nomination Each city and town has the right to nominate a single candidate for the position. To nominate, the governing body must adopt a resolution nominating the candidate by formal action. The presiding officer of the governing body must submit the nominee's name to the chief appraiser of the Harris County Appraisal District no later than Wednesday,October 14,2009. The officer must provide a certified copy of the resolution and may include a cover letter naming the nominee. Election • On October 15, the chief appraiser will prepare a ballot listing the nominees in alphabetical • order. The chief appraiser will deliver a copy of the ballot to the mayor of each voting city or • town. • No later than Tuesday, December 15,2009, each city council must cast its vote for one of the nominees,formally adopt a resolution naming the person for whom it votes, and submit a certified copy to the chief appraiser. Ballots received by the chief appraiser after December 15 may not be counted. The chief appraiser will count the votes, declare the results, and notify the winner, the nominees, and the presiding officers of each city and town. A tie vote will be resolved by a method of chance chosen by the chief appraiser. n ' Presiding Officers,August 3,2009 Page 4 For School Districts Other Than the Houston Independent School District Exactly the same procedure described for cities and towns above applies to the selection of the member who represents school districts other than Houston ISD. These school districts must nominate and elect following the deadlines and procedures described above. For Conservation and Reclamation Districts The procedure and timetable for selecting the member who represents the conservation and reclamation districts are the same as that described above for small cities and school districts. Only those conservation and reclamation districts that levied a property tax in 2009 and intend to do so in 2010 may participate. For Harris County,the City of Houston, and the Houston Independent School District By December 7,2009,the governing body of each of these entities appoints a single person to represent it on the board. Each governing body must formally adopt a resolution naming the person who will serve as a board member and submit it to the chief appraiser at the address shown below: Jim Robinson Chief Appraiser Harris County Appraisal District 13013 Northwest Freeway P. O.Box 920975 Houston,TX 77292-0975 To assist you in this process, I have enclosed a suggested form of resolution for the nomination of a candidate to the board of directors of the Harris County Appraisal District. We invite your questions or comments on the board selection process. Please do not hesitate to call me at(713) 957-5291. With kindest regards, • Jim Robinson • Chief Appraiser Attachments c: HCAD Board Members Tax Assessors Attorneys