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OR 51 Appoints Wayne Musgrave, Troy Glidewell, & Kenneth Fomby to Board of Equalization ORDINANCE NO. 51 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, APPOINTING COMMISSIONERS TO SERVE AS THE BOARD OF EQUALIZATION FOR THE YEAR 1969, FIXING A TIME FOR THE MEETING OF SUCH BOARD; SETTING FORTH CERTAIN PROCEDURES FOR THE CONDUCT OF HEARINGS BEFORE THE BOARD AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNC1L OF Tile CITY OF CO~PPELL, TEXAS: Section 1. That _Xa Mimegrave __ , Troy Glidewell and enneth Fomby are~eDy aI)poi~te~ to serve as ~iV BoarF~qualizh~io~'*~]T'the City of CopDell, Texas, in accordance with Article 1048, Vernon's Annotated Civil Statutes of Texas. Section 2. The meetings of the Beard of Equalization shall be conducted in five phases. Each phase may require more one session, bowever, each phase shall be referred to heroin as First, Second= Third, Fourth or Fifth ~ etin~ of the Board. than the for Section 3. The first meeting of the Board of Equalizstjon the City of Coppoll, Texas, shall be held at o'clock M. on the j3.th.day of Auq. , ]9 69 Section 4. THE FIRST MEETING.'_ Prior to the First Meetin[( of the Board, the Mayor shall have provided each member of the Board with a copy of th~s Ordinance. The First Meeting of the Board shali be opened by the Mayor of the Cjky with the City Secretary acting as secretary of the Board. The Mayor shall have the Oath of Office administered to the appointed Commissioners. The Mayor shall then open nominations for the chairman of the Board who will be selected by a majo~ ty vote of the members of the Board. The elected Chairman of the Board will then assume the ofjfice and take charge of the meeting. The Board may appoint an ex-officio secretary to the Board should it appear that the clerical duties of the office will require the same. If appointed, the ex-offici9 secretary will relieve the City Secretary of the duties of "Secretary of the Board", and sba!l, during the term of appointment, act in the official capacity as the "Secretary to the Board", until relieved by final. adjournment of the Board or other orders of the Board. The ex-officio secretary shall be paid for his or her services in amounts as may be mutually agreed upon between said secFetary and the Board of Equalization subject to the approval cf the City Council. When the Chairman of the Board finds that the Board has qualified and is ready to enter upon its duties, he shall call upon the City Tax Assessor and Collector to bring before the Board her lists or books for examination, correction~ equalization, appraise- meat and for ~he purpose of considering any complaints that may be made at that time. In the event the Board determines that the values on the lists or books of the Tax AssessOr shall be changed, the Board sha]l make such correction so that the values of such properties are set at the proper fi~ure. When the Board has made its examination and h~ls determined that the value of such properties are correctly equalized, the Board shall adjourn to n date set for their "Second Meeting" which shall be not less thnn ten (rO) nor more than fifteen (15) days from the date of adjourn:i~ent, such date to be fixed in tim order of adjournment. Section 5. NOTICE OF SECOND MEETING: In all cases where the Board of gqualizatmon shall raise the value of any property appearing on the l.ist of books of the Assessor or shall raise the value of any property abovt, i~s '~alue as established for the preceding year or shs]! raise the value of any property above the value ns rendered by the owner of such pro- perty or the person rendering the same, the Boa~'d shall ca[~se th~ Secretary of the Board to give written notice to the owner of such property or to the person rendering the same, which said Notice shall state the increased valuation pieced t, pen shch propert~ nnd that the owner may appear at such "Second ,M~eting" if they desire, to file their protest before the Board request_,_ng that the Board sched- ule their case for a hearing so that they may show cause why their property should not be so valued. The Board shall also direct tDnt the Secretary publish in the official newspaper of the City notice of this meeting of the Board of Equalization. Section 6. SECOND MEETING: The Second Meeting of the Board of Equalization shall be for the sole purpose of receivi~3g from each person wishing to appear before the Board, his request for a hearing. A copy of the "Request for Hearing" form to be filed by persons wishing to appear before the Board is attached hereto as Exhibit "A". A separate Request for Hearing form must he filled out and filed for each person wishing to appear before the Board. Any attorney representing any person or persons must fill out a separate "Request for Hearing" form for each person he will represent before the Board. The Board of Equalization will no~ hear cases at its "Second Meeting" and as soon as all persons wishing to file Requests for Hearing have done so, the Board shall recess and meet in a non- public executive session for the purpose of scheduling the Requests for Hearing. The Beard will then reconvene its public session and announce the date of its next meeting and the names of those sched- uled to appear before the Board at such time. The Chairman of the Board shall then direct the Secretary to notify each person scheduled for a hearing of the ~ me and place of same. Such Notice to be by letter addressed to the person making the Request for Hearing at the address shown on his Request for Hearing form. Any person wishing to be heard by the B~ rd of Equalization must file or cause to be filed with the Board his Request for Hearing at said Second Meeting of the B~ rd and except as provided for in Section S of this Ordin- ance, the B~ rd shall not receive or schedule for hearing any Re- quest for Hearing not filed prior to the adjournment of said Second Meeting. Section 7. THIRD MEETING: The Third Meeting or phase of the Board's hearings shall be devoted to hearing the various cases filed with the Board. Said Third phase of the Bozrd's hearing shall consist of as many meetings as shall be necessary to hear all of the requests filed with the Board at its "Second Meeting." At the end of each meeting, the Board shall announce the names of the persons scheduled to be heard at the next meeting of the Board and shall insure that such persons are so notified. When the Board finds that it has given ample op- portunity to those requesting n hearing to have such hearing, includ- ing those persons requesting a hearing under the provisions of Sect- ion 8 of this O,'dinance, the Board shall close its public hearings and recess to convene on call of the Cha ~mnn of the Board. Section g. CO:dPLAINT: Any person who has fai!~d to file a Request for Heariug with the Boaro pr~or to the end of the Board's Second Aleeting and wishes to be heard by ti, c Board may file wi~h the Board at any time before ahe final action o~ the Board a written Complaint addressed to the Chairman of t:~c Boai'd o3: Eclualization and tile Board shall schedule a hearlap: on said Comp]:~int p~ior to closing the public hearings before the Board. Said Complaint shall be in writing, shall set forth the description of the property involved, and shall state the complaintant's teasou for not filing his Request for Hear- ing with the Board pxior to the closing of its Second Meeting. Pro- vided, however, that said complaintant shall have the right to be heard by the Board even though his excuse for failing to file his app]icatxon for hearing be without merit. Section 9. FOURTH MEETING: On call by the Chairman of the Board of Eqna!ization, the Board shall recorvene for its Fourth Meeting or phase, at which time the Board will revl. ew and deliberate the various cases and make its decision in regard to the same. The Board shall direct the Secretary to ,notify ai] persons who have come before the Board o£ the decision of the Board with respect to their property. When the Board is of the opinion that the values on the lists or books of the Tax ~ssossor have been equalized, the Board shall by a motion duly passed, approve said list or books and return the same to the Tax Assessor, directing her to make up therefrom a General Tax Roll and return said Tax Roll together with the approved lists or books to the Board at its next meeting. The Board shall rhea recess until jts next session to be called by the Chairman. Section 10. FIFTtI MEETING: At the Fifth Meeting of the Board of Equalization the Board shall receive froln the Tax Assessor the "General Tax Roll" as made up from the approved lists or books of the Tax Assessor and if, upon examinatj, on of the same, the Board is of the opinion that the Tax Roll is correct in accordance with the approved lists or books of the Tax Assessor, the Board shall approve said'Oeneral Tax Roll" and upon finding no further business ~o come before the Board, shall adjourn for the year 19 69 Section 11. PRESENTATION OF TAX ROLL TO CITY COdiCIL: Upon approval of the "General Tax Ro!!" by the Board of Equalization, the Tax Assessor shall present same to the City Council. Section 12. EMERGENCY CLAUSE: The fact that the Statutes of the State of Texas require that an Ordinance be passed fixing the time ~ the meeting of the Board of Equalization of the City of Coppoll and the fact that it is necessary that said Board of Equalization meet in the immediate future, creates an urgency and an emergency and requires that this Ordinance take effect immediately from and after its passage. DULY PASSED by the City Council of the City of Coppoll, Texas, on the ]gth.day of May , 19 69 APPROVED AS TO FORM: ATTEST: CiTy Sec?etnry / City Attorney REQUEST FOiL ttEARING' CASE NO. the 1. Information required by the Board of Equalization of City of Coppe!], Texas. Name of Property Owner requesting hearing: (Please Print Full Name) 2. Address where all notices from the Board should be mailed. If Prgperty Own.?r is ~o be representeft by an attorney, give said attorney's name and address: Property owner acknowledges receipt of a copy of "Instructions for filing Protest Form and General Information Concerning Hearings before the Coppell Board of Equalization". Signature TIIE YEAR INSTIIUCT]ONS 1"O1[ FILING "IU'Y]IIEST 1"01{ liEARING" l~ORI.1 AND GENEI{AL CONCEItN]NG IiEAltIi'IGS BEFOIG] TIlE COFPXLL I NSTR, UC'f I 0 N S BOARD 01,' ]';QUAL] ZATIO,'4 1. A separate I~equest for llearing form must be filed fox' each perso.n wishing to be scheduled fox' a hearing he fore the Board. 2. Any attorney representing any person or persons must fill oat a separate Request for Hearing form for each persdn whom he will represent before the Board. 3. Upon filing the Request for Hearing form with tile Board of Equalization, the Board will take the matter nnder consideration and schedule a date on which the property owner may appear to be heard concerning tile valuation placed upon his property. 4. PROPERTY OWNERS ARE ADVISED: (a) That shonld their presentation to tile Board last longer than thirty (30) minutes, the presentation will be recessed to another date for completion, which date may be then and there scheduled by the Board without further notice or may be set by the Board at a later date and written notice of such setting sent to the property owner by mail. (b) That tile Board may consent to hear two or more pro- perty owners jointly and ill SUCh case should their presentation last longer than one hour, the presentation will be recessed to another date for completion in tile same manner as mentioned above. (c) That should any property owner feel that his presen- tation will last longer than the time mentioned above, he should make such known to the Board at the time of filing of the Request for Hearing form and the Board will a~tempt to schedule his presentation at a special time in order to avoid the necessity of the above mentioned recess. (d) At your hearing the Board is 1primarily interested in information which you can supply them which might alter their view with regard to the value placed on your property. You are advised that the Board has no authority to add property to the Tax List and therefore will not be concerned with receiving information about property which you feel might have been left off of the Tax List. Any property known to you which is not on the Tax Assessor's list should be reported to the Tax Assessor directly if you feel same properly belongs ell tile Tax List. 5. The property owner shall appear before the Board as scheduled or as called by the Board. The hearing shall be conducted in an informal but orderly manner and any property owner may present his own case before the Board or may be represented by his duly appointed attorney. 6. IN GENERAL THE USUAL HEARING BEFORE THE BOARD OF EQUALIZATION IS COhgUCTED IN THE FOLIoOWiNG MANNER: The property owner, upon being called before the Board, identifies himself and the property on which the valuation is being contested. As soon as the Board has located the property on its Plat Book or List, the property owner will be given an opportunity to state to the Board his reasons why he feels the valuation of said Property should be changed. After presenting his statement and other evidence, the Board will have an opportnnity to ask questions and secure sufficient informs[ion upon which to base its decision. Thereafter,: the Board will excuse the property owner and take his case under advise- ment. When the Board has heard all of the protesting property owners, it will adjourn the public hearing portion of its meeting, review and deliberate the various cases and make its decision thereon. Afterwards each property owner will be notified of' the decision of the Board with regard to his property. 7. All "}{earings~ before the Board will be open to the public, however, in order to conduct the hearings in an orderly manner, the Board will not recognize persons in the audience for open comment, nor, will the Beard tolerate open discussions amon~ the audience while a hear- ing is in session. Only the protesting property owner presently before the Board and those appearing in his behalf will be heard. BOARD OF EQUAI,iZATION FOR CITY OF CIIPPEI,L__ _ FOP~ 19S9