EXHIBIT
“A”
CITY
OF
INTER-OFFICE
CORRESPONDENCE
NO.
2009-010
TO: Mayor
Members of the City
Commission
CC: Richard Sala, City Manager
Patricia Vancheri,
FROM: Samuel
S. Goren, City Attorney
Jacob G. Horowitz,
DATE: February 10, 2009
RE: City of
____________________________________________________________________________
UPDATE:
On
January 27, 2009, the City Commission unanimously approved the Ordinance for
Redistricting, along with Alternative II as Exhibit “A”, on first reading.
Tonight the item is being presented for second reading and adoption.
The
City Attorney’s Office has prepared an ordinance for placement on the January
27, 2009 agenda for consideration by the City Commission which adopts the
findings and conclusions prepared by Dr. Ronald Schultz pertaining to the
redistricting of the City.
Section
3.2(e) of the City Charter requires the
City to contract with a four (4) year college or university or educational
research institution located within the State of Florida to coordinate the
preparation of the initial and segregated districts which shall be of equal
population, compact, proportional and logically related to the natural internal
boundaries of the neighborhoods of the City. On November 18, 2008, the City
Commission adopted Resolution No. 2008-11-5392, thereby approving the contract
for redistricting between the City and Dr. Schultz.
The
adoption of this proposed ordinance on first reading tonight is the next step
in the City’s Charter-driven redistricting obligation.
Please
contact our office if there is any additional information that we can provide
regarding this matter.
SSG/JGH:lm
H:\790287.NL\MEMO 2009\2009-010 (Redistricting
Ordinance Cover Memo).doc
ORDINANCE
NO. 2009-________
AN ORDINANCE OF THE
CITY OF NORTH LAUDERDALE, FLORIDA, PROVIDING FOR THE RE-CREATION AND
RE-ESTABLISHMENT OF THE GEOGRAPHIC BOUNDARIES FOR FOUR (4) ELECTION DISTRICTS
IN THE CITY OF NORTH LAUDERDALE IN ACCORDANCE WITH SECTION 3.2 OF THE CITY
CHARTER; PROVIDING FOR THE REPEAL OF ORDINANCE NO. 04-06-1118; PROVIDING FOR
FINDINGS AND CONCLUSIONS OF THE CITY COMMISSION; PROVIDING FOR THE
IMPLEMENTATION OF REVISED ELECTION DISTRICTS TO BE EFFECTIVE FOR THE ELECTIONS
TO BE HELD IN THE CITY OF NORTH LAUDERDALE, FLORIDA COMMENCING AT THE GENERAL
MUNICIPAL ELECTION IN NOVEMBER, 2009, AND THEREAFTER; PROVIDING A FORM OF
REQUEST TO THE SUPERVISOR OF ELECTIONS OF BROWARD COUNTY, FLORIDA, TO IMPLEMENT
THE REVISED PLAN ESTABLISHED PURSUANT TO THIS RE-DISTRICTING ORDINANCE AND TO
CREATE FUNCTIONAL DISTRICTS CONSISTENT WITH THE IDENTIFICATION OF GEOGRAPHIC
BOUNDARIES FOR ELECTION DISTRICTS; PROVIDING FOR THE ATTACHMENT OF ELECTION
DISTRICT MAPS, CHARTS AND STREET ADDRESS DESCRIPTIONS, WHICH SHALL BE ATTACHED
TO AND MADE A PART OF THIS ORDINANCE; PROVIDING FOR AUTHORIZATION AND DIRECTION
TO THE CITY MANAGER TO IMPLEMENT THE TERMS, CONDITIONS AND PROVISIONS OF THIS
ORDINANCE TO BE EFFECTIVE FOR THE NEXT ENSUING GENERAL MUNICIPAL ELECTION OF NOVEMBER
2009; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 3.2 of the City Charter of the City of North
Lauderdale, Florida, relates to the composition, eligibility and election of
City Commission members and provides for the creation of election districts;
and
WHEREAS, the registered electors of the City of North Lauderdale,
during the General Municipal Election of March, 1984, adopted, approved and
ratified Ordinance No. 83-12-523 creating district voting for the City of North
Lauderdale, Florida; and
WHEREAS, the registered electors of the City of North Lauderdale,
during the Municipal Election of March 2004, adopted, approved and ratified
Ordinance No. 2003-11-1101, revising Section 3.2 of the Charter to provide that
the five members of the City Commission consist of a Mayor elected at-large and
four (4) City Commissioners elected from four (4) respective Commission
Districts; and
WHEREAS, Section 3.2(e) of the City Charter requires the City to
contract with a four (4) year college or university or educational research
institution located within the State of Florida to coordinate the preparation
of the initial and segregated districts which shall be of equal population,
compact, proportional and logically related to the natural internal boundaries
of the neighborhoods of the City; and
WHEREAS, on June 8, 2004, the City Commission adopted Ordinance No.
2004-06-118, thereby providing for a redistricting of the City in accordance
with Section 3.2(e) of the City Charter; and
WHEREAS, the City Commission is now required, pursuant to Charter
Section 3.2(e) to identify the revised election districts which shall, pursuant
to Charter Section 3.2.1 create and establish the revised geographical
boundaries of four (4) election districts; and
WHEREAS, the City has received public input pursuant to the revised
Charter identifying the election districts to be formally adopted and the City
Commission is prepared to commence the implementation of revised election
districts in the City of North Lauderdale in accordance with Exhibit “A”,
attached hereto and incorporated herein, prepared by Dr. Ronald R. Schultz,
Ph.D., Urban Geographer, as required by law.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
Section 1. The
foregoing "WHEREAS" clauses are hereby ratified and confirmed as
being true and correct and are hereby made a specific part of this Ordinance
upon adoption hereof.
Section 2. Ordinance
No. 04-06-1118 is hereby repealed in its entirety and replaced by this
Ordinance.
Section 3. (a) The City Commission specifically
finds and determines that the City, through its Administration, has complied
with Charter Section 3.2(e) wherein geographic boundaries have been designated,
prepared and identified, by and pursuant to a contract between the City of
North Lauderdale and Dr. Ronald R. Schultz, Urban Geographer, which qualifies
as a four (4) year college or university or educational research institution
located within the State of Florida selected by the City Commission of the City
of North Lauderdale, and
(b) The City Commission hereby ratifies,
confirms and adopts the findings, conclusions, and recommendations prepared by
Dr. Ronald R. Schultz, Ph.D, Urban Geographer, attached hereto as Exhibit “A”
and incorporated herein by reference.
Section 4. The
City Commission further finds, determines and concludes that the State of
Florida Election Code, Chapters 97 and 106, Florida Statutes, as amended,
specifically applies to the City's implementation of revised election districts
in the City of North Lauderdale, consistent with this Ordinance and the revised
Charter Sections therein amended.
Section 5. (a) The
City Commission further acknowledges the requirements of Sections 101.001 and
101.002, Florida Statutes, as amended, as the same is presently constituted, or
as my be later amended, which specifies that the Board of County Commissioners
of Broward County, Florida, upon recommendation and approval of the Supervisor
of Elections of Broward County, Florida, shall have the power and authority to
alter or create new election districts or precincts.
(b) Based upon the requirements of Section
101.001 and 101.002, Florida Statutes, the City Administration is further
authorized and directed to transmit a certified copy of this Ordinance along
with such maps, charts, graphic descriptions and street addresses for the
revised election districts adopted herein, to the Supervisor of Elections of
Broward County, Florida within such time as may be necessary and required to
implement the terms, conditions and provisions of the election districts
adopted and promulgated by this Ordinance for the next General Municipal
Election of November 2009.
Section 6. The
City Commission further recognizes and concludes that in compliance with
Section 101.001 and 101.002, Florida Statutes, and other applicable Sections of
the State of Florida Election Code, that precincts in the City of North
Lauderdale shall be altered, modified or increased to conform to the
requirements imposed for district elections and for the creation, division,
abolition or consolidation of the boundaries of election districts, pursuant to
General Law only and this implementing Ordinance.
Section 7. The City of North Lauderdale, through
its City Commission and City Administration, hereby formally requests the
Supervisor of Elections of Broward County, Florida to implement the plan of
election districts established by this Ordinance and to create such functional
revised election districts pursuant to this Ordinance as may be consistent with
the State of Florida Election Code and the terms, conditions and provisions of
this Ordinance.
Section 8. Conflicts. All ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith are hereby repealed to
the extent of such conflict.
Section 9. Codification.
It is the intention of the City Commission of the City of North Lauderdale,
that the provisions of this Ordinance shall become and be made a part of the
Code of Ordinances of the City of North Lauderdale, Florida, and that the
Sections of this Ordinance may be renumbered, relettered and the word
"ordinance" may be changed to "Section",
"Article" or such other word or phrase in order to accomplish such
intention.
Section 10.
Severability. If any clause, section or other part of this Ordinance
shall be held by any court of competent jurisdiction to be unconstitutional or
invalid, such unconstitutional or invalid part shall be considered as
eliminated and in no way affecting the validity of the other provisions of this
Ordinance.
Section 11. Effective Date. This Ordinance shall take effect
immediately upon adoption.
PASSED
AND ADOPTED ON FIRST READING BY THE
CITY COMMISSION OF THE CITY OF
PASSED
AND ADOPTED ON SECOND
_________________________________
MAYOR JACK BRADY
ATTEST:
__________________________________ _________________________________
PATRICIA VANCHERI,
APPROVED AS TO FORM:
___________________________________
SAMUEL S. GOREN, City Attorney
EXHIBIT
“A”