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HomeMy WebLinkAboutOrdinance 5444 ORDINANCE NO. 5444 AN ORDINANCE TO APPROVE REVISED WARD BOUNDARIES TO EQUALIZE WARD POPULATIONS AFTER THE 2010 FEDERAL CENSUS AND TO AMEND §32.03 OF THE FAYETTEVILLE CODE WHEREAS, if a federal census reveals that ward populations have become unbalanced with substantially more residents in some wards than other wards, cities are constitutionally required to redraw ward boundaries to achieve fairly equal population in all wards; and WHEREAS, the 2010 Federal Census revealed substantial population differences among our wards; and WHEREAS, GIS has proposed new ward boundaries that do not cross precinct lines and substantially equalize each ward's population. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached map as the new ward boundary map for Fayetteville which establishes substantially equal populations for each ward and amends §32.03 Wards by adopting the new ward boundary map attached as Exhibit"A"to replace all previous ward boundary maps. PASSED and APPROVED this 4th day of October, 2011. APPROVED: ATTEST: By By: I ELD J , Mayor SONDRA E. SMITH, City Clerk/Treasurq,,,,,,,,rl,-�Fr��' tel~^��^•o v.u"`7 n��i yo�V a�1^C y QFo�V�j rte: IVa s • FAYETTEVILLE: n •S^ City of + it Ward Boundaries Ward Boundaries Ward 1Ward 21 September 20, 2011 Ward 3 Ward 4 Lit' mmmmmc==�Miles t J .1 , L�r�T,�! 1flegs Ir' .f r IRS da., WZ - lW � iaiir•rt.RR "R n -�n•i�nu� f!q&iil 14k- Exhibit: A y +ructiu. Ali �.w �r I r AGENDA REQUEST FOR: COUNCIL MEETING OF SEPTEMBER 20, 2011 FROM: KIT WILLIAMS, CITY ATTORNEY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Approve Revised Ward Boundaries To Equalize Ward Populations After The 2010 Federal Census And To Amend §32.03 Of The Fayetteville Code APPROVED FOR AGENDA: ity A me Date • r Com- 1�31,11 �/Nayor bate EhYEREp ■(3-il �r/1�- . �' ?'�� Lei o r\ Seco-C k eC�J i . Tay [el v1 le Departmental Correspondence ARKANSASLEGAL www. ccessfayetteville.org DEPARTMENT Kit Williams City Attorney Jason B.Kelley TO: Mayor Jordan y J Assistant City Attorney City Council FROM: Kit Williams, City Attorney DATE: September 21, 2011 RE: Effective Date of Ward Boundary Map The City Council should pass the Ordinance approving the revised Ward Boundary Map soon so that any possible legal challenge would be resolved long before the time to file for alderman in 2012. However, the ordinance could include a Section 2 for the effective date of the map to be July 1, 2012, as shown below: "Section 2: That the City Council of the City of Fayetteville, Arkansas hereby sets the effective date for the revised Ward Boundary Map to be July 1, 2012." Please keep in mind that you will continue to represent the constituents that elected you from your existing Ward until the next election in 2012. Aldermen do not have any greater legal power within their wards although I realize that other aldermen sometimes defer to the ward's aldermen in zoning or development matters affecting only a single ward. Everyone remains a Fayetteville City Council Member with city-wide jurisdiction, powers and responsibilities. Please amend the ordinance to add Section 2 if you desire the Ward Boundary Map to not be effective until July 1, 2012. Fay �T■ f1� 1 U Y l le Departmental Correspondence ARlfAlVSAS LEGAL Kit Williams City Attorney TO: Mayor Jordan Jason B.Kelley 3' Assistant City Attorney City Council CC: Sondra Smith, City Clerk _ FROM: Kit Williams, City Attorney DATE: September 13, 2011 RE: New Ward Boundary Map City Clerk Sondra Smith pointed out to me that the Ward Boundary Map is in the Fayetteville Code in §32.03 Wards as an exhibit. Therefore, the City Council needs to pass an Ordinance with the Ward Boundary Map as an exhibit rather than a Resolution in order to amend §32.03 to replace the old map with the new Ward Boundary Map. Attached is this new ordinance which bears a striking resemblance to the Resolution you wisely tabled to give us time to catch this mistake. Please add this Ordinance to your Agenda for the September 20th City Council meeting, and, at the meeting, table the Resolution indefinitely so it can die honorably on December 31St ORDINANCE NO. AN ORDINANCE TO APPROVE REVISED WARD BOUNDARIES TO EQUALIZE WARD POPULATIONS AFTER THE 2010 FEDERAL CENSUS AND TO AMEND §32.03 OF THE FAYETTEVILLE CODE WHEREAS, if a federal census reveals that ward populations have become unbalanced with substantially more residents in some wards than other wards, cities are constitutionally required to redraw ward boundaries to achieve fairly equal population in all wards; and WHEREAS, the 2010 Federal Census revealed substantial population differences among our wards; and WHEREAS, GIS has proposed new ward boundaries that do not cross precinct lines and substantially equalize each ward's population. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached map as the new ward boundary map for Fayetteville which establishes substantially equal populations for each ward and amends §32.03 Wards by adopting the new ward boundary map attached as Exhibit"A"to replace all previous ward boundary maps. PASSED and APPROVED this 20th day of September, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer C.2 / Revised Ward Boundaries Fayz �T T` Page 2 of 6 �Yj 1 THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan Thru: Scott Huddleston —<$Ilei From: John Go ar rt V Date: 8/18/2011 Subject: Redistricting--determining new ward boundaries to reflect 2010 Census returns DESCRIPTION: Asa result of the 2010 Census, it has been found that the current City of Fayetteville wards have a significant difference in population, creating an imbalance of representation. Balancing ward population will bring the City into compliance with the"Equal Protection Clause"of the 101 Amendment. 2011 Population of Wards: Ward 1 17,673 Ward 2 17,603 Ward 3 15,855 Ward 4 22,449 RECOMMENDATION: Determine new ward boundaries to balance the population and Adopt a new map. BUDGET IMPACT: None j a h a Gx>x a�G ffi City Wards AM Ward 1 a r -------------------- ------------ Ward 2 Sprin. City of Fayetteville, Arkansas Ward 3 Adpoted by Council on October 4th, 2011 ------------ L ------------- LAKE FAYETTEVILLE Ward 4 j ------------- --------------- --------------- Fayetteville City Limit, Ward 3 ---------------- L -7t ;,- Adopte he Fayetteville City Council on Johnso F by t -44 Octol r 4th, Tontitown �7� Ordinance No. 54 aror ------------------------ no City Clerk ------------------ ....... ------------ -------------- ---------- ------------'A 1 1 7- o ----------- Ward 2 ------------- ---------- ,g9 'J 4h ------ Goshen �'""'r 3, Y m:<- ,T - a °I' /"urE o<x� �< �. ° � A �, $$,x x 3w°, w � �/w H x,. 3I � �T -p J. ---------------- ---------------------- g J9 7- -------------- ----------- ------'------------- W -------------- ------------------------ --------- o-a -------------- V� 1—JU i L.......... �v F/I cw rw -T"t 71 --- --- 11 --- ----------------------------------- -------------------- ------------------- ------------ ------- Ward 4 wu - --------- -------- -------- Vk -13 1.,411. V, ------------------- -------------- LAKE SEQUOYAH �4+ao° ------------ - ------ J- ---------- It -.0 • uuc --------------- -------------- 'vx au°m ---------- Mington -------------------------- -------------- -------- Ward I ---------- 1-------------------- --------------------------------------------- ---------- ----------------------- r�xP- � _ 9 c� S 3 �� �m ° I !l// \'�1 � � B Ax�xv 6 5 uu m - � G p• w�u are ------------ -av ------------ --------------------------------------------------------- ---------------------------------------------- ------------ --------- E kins -------------- - ------------ ----------------- ----- T ------------ J4, :---------- ---- --------------I A F---------------------------------------------------I: Greenland DRAKE FIELD -------------- --------- --------------------------- P, !LAKE WILSON N rairie Grove ILB W E --------------------------- S ----------------- ------------ 0 0.5 1 2 1 Miles 1 inch = 2,000 feet Map Document:(G:\GIS2Trojects\201 I Ward Maps\Maps\Ward Map(E-size)with signature block,mxd)10/7/2011 4:10 PM NORTHWEST ARKANSAS DEMOCRAT-GAZETTE NORTHWESTARKANSAS THE MORNINGNTNG NE S OF RG ALE ERS THE MORNING NEWS OF ROGERS NWS P-MPE NORTHWEST ARKANSAS TIMES LLC gENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE.FAYETTEVILLE,ARKANSAS 72701 1 P.O.BOX 1607, 72702 1 479.442-1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in RECEIVED Washington and Benton County, Arkansas, bona fide circulation, OCT 3 1 2011 that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETfEVILLE CITY CLERK'S OFFICE City of Fayetteville Ordinance 5444 Was inserted in the Regular Editions on: October 20, 2011 ORDINANCE NO. 5444 AN ORDINANCE TO APPROVE.REVISED`WARD" � BOUNDARIES TO EQUALIZE WARP POPU!ATIONS AFTER THE 2010 FEDERAL CENSUS'L- 46 AMEND§3.2.63 OF THE FAYETTFgL�CODE P Publication Charges: $64.85 WHEREns if a federal census reveals that ar � v popufatfotis have become unbalanced with'I 6i 1 d , ARKANSAS tially.more residents m=some wards than othersWatds�cRies are constitutionally regwred to � redraw ward boundaries to achieve fa riy equal population rn all warps;and WHEREAS;the 2010 Federal Cersus revealeii substantial population diffefences among our wards and WHER flan""IS has prop,psed new ward boundanes that�do not,cross`precinct Dines and s substanUallysequallze each ward s population FAYETTEyILLE,O RIN'*IN S RDpINED BY THE CITY COUNCI4 OF THE CITY OF Section 1 That the City Council of the City of Fayettevtlle„ attached mapras the new ward bound ?rkansas hereb v approves the Cath Wiles arf reap for Fayetteville which establishes substang�ry , Cathy b U daopm�f{ions,for each ward and amends§3203 Wards b'.=�" 0 ry ap attachetl as Exhibit'A to replace;all preu ousward boy tin the,neyv ward P►SSED and AppROVED this 4thday of Qcioper 2011 at A,-PROVED B ATTEST LLONELDJQRD t AN,Mayor SONDRA E SMITH C( Cie, Exhibits for this ordinance may be viewed in the office of the City Cf--- 11 easurer. ry rk/Treasurer, Subscribed and sworn to efore me This a lay of O� , 2011. �G�-, i. Notary Public My Commission Expires: SANDRA E.SCHACHERBAUER BENTON COUNTY NOTARY PUBLIC•ARKANSAS My Commission Expires April 1 S,2017 QOMM986I0n No.112=1121 **NOTE* Please do not pay from Affidavit. Invoice will be sent.