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��'
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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
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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�
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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
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/ Revised Ward Boundaries
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�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
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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.