AGENDA MEMORANDUM

 

 

Meeting Date:           November 14, 2011

 

From:                          Betty Richardson, City Clerk

 

Subject:                      Ordinance adopting the boundary area of Commission Districts 1, 2, and 3

 

 

Staff Recommendation:

This is a policy decision of the City Commission.  A staff recommendation is not appropriate.

 

Analysis:

John Meier, GIS Analyst, used the 2010 Census data to prepare several scenarios to change the district boundaries, as required.   There were two requirements to consider:  one man, one vote, which requires each district to be equally populated with persons of voting age; and the requirements of the Consent Decree of 1985 which requires one district to be made up primarily of African Americans of voting age.  

 

Since 1985, following the rule of the Consent Decree has become more and more difficult and the closest figure of the African American population percentage in District 2 is 46.58 percent.

 

Commissioner Christian and Mr. Meier worked closely to provide the highest population figure of African Americans in District 2.  The Commission, at the September 26, 2011, meeting approved Alternate 3 and this ordinance formally approves Alternate 3 as the boundaries of the new Districts 1, 2, and 3 as shown on the attached map

 

Options:

1.  Adopt the ordinance delineating Districts 1, 2, and 3; or

2.  Such alternative action as the Commission may deem appropriate

 

Fiscal Impact

There is no fiscal impact for this decision.

 

 

Submission Date and Time:    11/10/2011 2:04 PM____

 

Department: ______________________

Prepared by:  ______________________                     

Attachments:         Yes____   No ______

Advertised:   ____Not Required ______                     

Dates:   __________________________                     

Attorney Review :       Yes___  No ____

                                                

_________________________________           

Revised 6/10/04

 

Reviewed by: Dept. Head ________

 

Finance  Dept. __________________                                     

                              

Deputy C.M. ___________________                                                                         

Submitted by:

City Manager ___________________

 

Account No. _________________

 

Project No. ___________________

 

WF No. ______________________

 

Budget  ______________________

 

Available _____________________


ORDINANCE NO.             _______

 

AN ORDINANCE OF THE CITY OF LEESBURG, FLORIDA, AMENDING §9 – 4 OF THE CODE OF ORDINANCES PERTAINING TO THE BOUNDARIES OF COMMISSION DISTRICTS 1, 2 AND 3; ADOPTING A NEW MAP ESTABLISHING THE BOUNDARIES OF THOSE THREE DISTRICTS; SETTING FORTH LEGISLATIVE FINDINGS; REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

 

            WHEREAS, there are five City Commissioners in the City of Leesburg, two elected at large and three elected from single member districts; and

 

            WHEREAS, under §9 – 5 of the Code of Ordinances, and under applicable laws of the United States of America, it is necessary from time to time to amend the boundaries of Districts 1, 2 and 3, which are the single member districts, in order to conform to the one person, one vote rule and to assure proportionate representation of the voters within each district; and

 

            WHEREAS, in Case No. 83 – 66 – CIV – OC – 14 in the United States District Court for the Middle District of Florida, the Court entered a Final Judgment specifying that any adjustments of district boundaries must not only adhere to the one person, one vote rule, but must also be tailored so that any changes to not lead to a retrogression in the position of minorities with respect to their effective exercise of the electoral process; and

 

            WHEREAS, the City Commission has considered a number of proposed alternatives for adjusting the boundaries of Districts 1, 2 and 3, for the purpose of selecting the alternative which most closely adheres to the one person, one vote rule while having the least effect on the ability of minorities to participate meaningfully and effectively in the electoral process; and

 

            WHEREAS, the proposed new boundaries for Districts 1, 2 and 3, enacted through passage of this Ordinance, balance the two goals stated above by assigning to District 2 the highest percentage of black population possible given the demographics of the City of Leesburg, while assigning substantially equal numbers of voters to each district to the greatest extent possible without a retrogression in the position of minorities with respect to their effective exercise of the electoral process which would violate the terms of the aforementioned Final Judgment;

 

NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF LEESBURG, FLORIDA:

 

 

 

SECTION I.

 

§9 – 4 of the Code of Ordinances is hereby amended to read as follows:

 

Sec. 9 – 4.   District Boundaries.

 

The boundaries of Districts 1, 2 and 3 shall be adjusted, based on the 2010 Census Data, as set forth on the map attached to this Ordinance, in keeping with the requirements of the one person, one vote rule and the standards enunciated in that certain Final Judgment entered in Case No. 83 – 66 – CIV – OC – 14 in the United States District Court for the Middle District of Florida, on October 15, 1985, by the United States District Court for the Middle District of Florida.

 

SECTION II.

 

All ordinances or part of ordinances which are in conflict with this Ordinance are hereby repealed, to the extent necessary to alleviate the conflict, but shall continue in effect insofar as they are not in conflict herewith, unless repeal of the conflicting portion destroys the overall intent and effect of any of the conflicting ordinance, in which case those ordinances so affected shall be hereby repealed in their entirety.

 

SECTION III.

 

If any portion of this Ordinance is declared invalid or unenforceable, and to the extent that it is possible to do so without destroying the overall intent and effect of this Ordinance, the portion deemed invalid or unenforceable shall be severed herefrom and the remainder of the ordinance shall continue in full force and effect as if it were enacted without including the portion found to be invalid or unenforceable.

 

SECTION IV.

 

This Ordinance shall become effective upon its passage and adoption according to law.

 

PASSED AND ADOPTED at the regular meeting of the City Commission of the City of Leesburg, Florida, held on the                   day of                                                 , 2011.

 

 

 

                                                                                    THE CITY OF LEESBURG, FLORIDA

 

 

 

                                                                                    BY:                                                                 

                                                                                                MAYOR

 

 

 

Attest:                                                                         ___

            CITY CLERK