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HomeMy WebLinkAboutORD 12-065 ORDINANCE NO. 12-065 AN ORDINANCE REVISING CITY COUNCIL MEMBER WARD BOUNDARIES IN RESPONSE TO THE 2010 CENSUS; PROVIDING FOR FINDINGS OF FACT; PROVIDING FOR ELECTION PRECINCTS; PROVIDING THIS ORDINANCE BE CUMULATIVE; PROVIDING FOR SEVERABILITY; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR INJUNCTIONS; PROVIDING FOR PUBLICATION AND BECOMING EFFECTIVE TEN DAYS AFTER PUBLICATION. WHEREAS, the 2010 decennial census disclosed that existing council member wards in the City of Beaumont, Texas, are substantially unequal in population; and, WHEREAS, the City Council of the City of Beaumont has undertaken to redraw the four council member wards for the convenience of the people and to equalize population and assure compliance with the applicable requirements of state and federal law; and, WHEREAS, through a series of public hearings and meetings, the City Council has received and considered oral testimony and written evidence regarding the need for new council member wards and an appropriate configuration of these wards; and, WHEREAS, the City Council finds the attached map of the revised council member wards reflects the division of the City of Beaumont into four wards that satisfy all legal requirements including the United States and Texas Constitution and Statutes and the Federal Voting Rights Act and the City Charter; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: 1. Findings of Fact That all of the above premises are hereby found to be true and correct legislative and factual findings of the City of Beaumont City Council and are hereby approved and incorporated into the body of this ordinance as if copied in their entirety. 2. Adoption of Plan That the boundaries of the four single-member council member wards are hereby modified,amended and redrawn for the purposes of apportioning the population of the City between the council member wards and, as modified, amended and redrawn, the boundaries of the four council member wards shall be in accordance with the redistricting map attached hereto as Exhibit"A",which map is incorporated by reference into and made a part of this ordinance. 3. Election Precincts That the City Attorney is hereby instructed to send a copy of this ordinance and the new council member ward map and legal descriptions to the proper officials of Jefferson County so the County can make the necessary changes in the County's election precincts, as required by the Texas Election Code, and effective for the May 2013 City Council Election. 4. Effective Date This ordinance shall take effect immediately from and after its passage, publication as may be required by governing law, and upon receiving preclearance from the U.S. Department of Justice. 5. Proper Notice and Meeting It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required and that public notice of the time, place and purpose of said meeting was given as required by the Open Meetings Act, Chapter 551 of the Texas Government Code. 6. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Beaumont, and this ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed. 7. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance. 8. All of the regulations provided in this ordinance are hereby declared to be governmental and for the health, safety and welfare of the general public. Any member of the City Council or any City official or employee charged with the enforcement of this ordinance, acting for the City of Beaumont in the discharge of his/her duties, shall not thereby render himself/herself personally liable; and he/she is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his/her said duties. 9. Any violation of this ordinance can be enjoined by a suit filed in the name of the City of Beaumont in a court of competent jurisdiction, and this remedy shall be in addition to any penal provision in this ordinance or in the Code of the City of Beaumont. 10. The caption and penalty clause of this ordinance shall be published in a newspaper of general circulation in the City of Beaumont, in compliance with the provisions of Article X, Section 4, of the City Charter. Further, this ordinance may be published in pamphlet form and shall be admissible in such form in any court, as provided by law. 11. This ordinance shall become effective ten (10) days after first publication as described above. PRESENTED AND GIVEN FIRST READING on the 28th day of August, 2012, at a regular meeting of the City Council of the City of Beaumont,Texas; and GIVEN SECOND READING, passed and approved on the 4'day of September , 2012, by a vote of ayes and nays at a regul i of the City Council of the City of Beaumont, Texas. IA Mayor Becky mes - AT EST: M `• v vlw TINA BROUSSARD, City Clerk APPROVED AS TO FORM: TYRONE E. COOPER, City Attorney City of Beaumont Redistricting N Adopted Map w E S 1 inch=7,500 feet ZZ f T 77 r i 72 Folsom Drive Q V $ Y a � i IH 10 East ° vg » � 1 w. S i '• � i `�";;.. to � n,� ate. "C�,�._.o.,.�. n 1 W hmgton r rdwa � �E T �n F Legend ❑ Precincts 110ty Limits ` 2'I ADOPTED MAP Ward 1 ` <F Ward 2 92 �j 7hts trrap has been poduc,ed horn various sowre [very Ward J effotl has bccrt rrradc to ensure ,,, ac nrracy of tf), reap, EXHIBIT "A" hrwcver,. the City of Bcaurmonf assumes no liabii�Y or ,E] Ward 4 rfarnaf"Fes dire to errors or oonssions. JEFFERSON COUNTY VOTING PRECINCTS WARD 1 WARD 2 WARD 3 WARD 4 22 92 77 84 72 *90 1 85 88 17 63 18 99 79 3 39 94 *26 8 19 2 78 *10 20 68 27 16 75 4 86 11 *67 89 73 15 *21 7 5 14 *64 65 62 12 *92 100 *13 6 23 87 * Portion that is within the Beaumont city limits.