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Ordinance - Political Boundaries
ORDINANCE NO. 92-2901
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PLAINVIEW, TEXAS, PURSUANT TO
THE CITY CHARTER, AND IN COMPLIANCE WITH
CHAPTER 42, UNITED STATE CODE, 1973C, ET
SEQ, ADOPTING REFORMED POLITICAL
BOUNDARIES FOR THE SEVEN (7) CITY
COUNCIL WARDS, AND APPROVING THE
CREATION OF REVISED CITY ELECTION WARDS
WITHIN SAID CITY.
WHEREAS, the 1990 federal decennial census was conducted on or about
April 1, 1990; and
WHEREAS, final state and preliminary county populations were certified to
the President on or about~ January 1, 1991; and
WHEREAS, final county population figures were certified to the Texas
Legislature on or about April 1, 1991; and
WHEREAS, on or about July 15, 1991, the Secretary of Commerce declined
to adjust population figures contained in the 1990 Census, thereby rendering
the prior certification of April 1, 1991 as final for all purposes; and
WHEREAS, Article III, § 28 of the Texas Constitution requires the
legislature of the State of Texas to redistrict the State Legislature during the
first regular session after publication of the decennial census; and
WHEREAS, the United State Constitution, Article I, § 2 requires
reapportionment of the United States congressional districts following the
decennial census; and
WHEREAS, pursuant to the requirements of the City Charter of the City of
Plainview requires periodic reapportionment of its city wards in the belief that
fair and equal government req~ives reapportionment following each federal
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census of the seven city wards, and modification of the resulting election
precincts contained within the geographical confines of the City of Plainview;
and
WHEREAS, the State of Texas is subject to the federal Voting Rights Act
of 1965, (42 U.S.C. 1973c), as amended; and
WHEREAS, such Voting Rights Act is applicable to the city council of the
City of Plainview, and to any changes in the standards, practices or
procedures applied to all such related city wards and]or election precincts; and
WHEREAS, in effecting the process of reapportionment, the application of
numerous federal and state constitutional, statutory, and case law requirements
must be considered; and
WHEREAS, it is the express intent of the city council of the City of
Plainview, Texas to fully comply with all
reapportionment of its respective city wards,
election precincts contained within said City;~ and
legal requirements for the
together with any incident
WHEREAS, is is the express intent of the City Council of the City of
Plainview, Texas that each resident of the City of Plainview have equal access
to all political institutions of this. County, State, and Nation; and
WHEREAS, in order to achieve this stated goal, reapportionment of the
various City Council wards and the various election precincts within the City of
Plainview appeared, after careful assessment , to be required;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PLAINVIEW, TEXAS, in the lawful exercise of the authority vested in said City
Council, acting within the official capacity vested upon the City Council of the
City of Plainview, Texas by the Constitution and laws of the State of Texas, in
an effort to enact the following reapportionment ordinance to accommodate all
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interests and to avoid arbitrariness, and to afford all interested parties their
right of access to the political process; and
THAT taking into consideration the demographic profiles and statistical
studies available to the City Council, the formerly existing political boundaries
which distinguish each respective City Council Ward be altered and amended,
and that new political boundaries be adopted which comply with the mandates of
federal and state law, and which will result in more balanced representation for
all residents of the City of Plainview, Texas, both in 'terms of the number of
residents therein as well as in ethnic representation; and
THAT the City Council herein adopts such boundaries as are more
specifically set forth in EXHIBIT A, in as many pages as may be presently or
later annexed prior to submission to the Department of Justice of these United
States, which are by this reference incorporated into the body of this
Ordinance as if set forth herein verbatim; and
THA~the following adoption of the herein set forth political boundaries
which shall henceforth distinguish each of the seven (7) City Council Wards
established by the City Charter, and such election precincts as may be
contained within each City Ward, that such ~mendments, along with all
supporting data and information be provided to the United States Department of
Justice for review'and approval, subject to the provision of 42 U.S.C. 1973(5);
and
THAT pending the review and approval of the United States Department of
Justice, that the political boundaries in existence prior to the execution of this
Ordinance remain as effective City Council Wards, and the political boundaries
described in EXHIBIT A attached hereto, as approved and adopted by this City
Council, beheld in suspension until such political boUndaries are either
".Pre-cleared" by formal action of the Department of Justice or until the same
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take effect by operation of law, at which time the same shall go immediately into
operation and effect without further requirements or acts of this Council. Upon
receipt of the said formal "Pre-clearance" letter issued by the Department of
Justice, a copy of such pre-clearance documentation to be filed as EXHIBIT B
to this Ordinance, Should the Department of Justice fail to formally pre-clear
this Ordinance and the political boundaries incorporated herein by reference
within sixty (60) days from the date of receipt of the submission filed on behalf
of the City of Plainview, Texas, an affidavit by the City Manager of the City of
Plainview, Texas, stating the operative facts incident to submission and failure
to formally pre-clear by the Department of Justice sba]] be filed and EXHIBIT
B, at which time the political boundaries reference in this Ordinance shall go
into immediate operation and effect.
PASSED AND APPROVED THIS /I
DAY OF
1992
E.V. Ridlehuber, Mayor
ATTEST:
Kar~n McBeth, City Secretary
APeD AS TO.CONTENT:
APPROVED AS TO FORM:
Wally~'Ha~ch, City Attorney
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