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Home My WebLink About21-3723 Ordinance452 ORDINANCE NO. 21-3723 AN ORDINANCE OF THE CITY OF PLAINVIEW, TEXAS, APPROVING FINDINGS OF FACT REGARDING POLITICAL BOUNDARIES OF THE CITY OF PLAINVIEW FOLLOWING PUBLICATION OF 2020 CENSUS DATA AND ORDERING REDISTRICTING OF POLITICAL BOUNDARIES; ADOPTING SHORTENED TIME FRAMES PURSUANT TO ARTICLE VI, SECTION 6.02(c)(6) OF THE CITY CHARTER OF THE CITY OF PLAINVIEW ADOPTING A SHORTENED SCHEDULE AND CALENDAR OF EVENTS FOR USE IN THE REDISTRICTING 2021 PROCESS; PROVIDING FOR RATIFICATION; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION OF THE CAPTION THEREOF WHEREAS, the City Council for the City of Plainview, Texas pursuant to the constitution and laws of the State of Texas including, but not limited to, Article 11, Section 5 of the Texas Constitution as a home rule city, has the authority to set forth ordinances and regulations and exercise its police powers for the public health, safety, morals, or general welfare of the citizens of the City of Plainview; and WHEREAS, the City Council of the City of Plainview, Texas, in accordance with applicable law, including the 14th and 15th Amendments to the United States Constitution, the Voting Rights Act found in 42 U.S.C.A. §§1973 and 1973a, Texas Government Code §§ 2058.001 and 2058.002 and Article VI of the City Charter of the City of Plainview, may be required to redistrict the City's single -member council districts meeting certain legal criteria outlined in the above referenced Constitutional provisions, statutory provision and Charter provisions; and WHEREAS, the City Council of the City of Plainview retained the firm of Allison, Bass & Magee, LLP, of Austin, Texas, to conduct an initial assessment of existing political boundaries of City of Plainview, following the issuance of census data by the United States Census Bureau; and WHEREAS, Allison, Bass & Magee, LLP, conducted the initial assessment based upon PL94-171 data, as required by federal law, and by information provided by the Texas Legislative Council, other official sources of information, and by City of Plainview, Texas and found that the City of Plainview has a total maximum deviation of 33.39%.; and WHEREAS, due to the fact that any deviation in excess of ten percent (10%) is presumptively unconstitutional under established federal law, the City of Plainview has a constitutional duty to redistrict its political boundaries so as to achieve "One -Person -One - Vote" numerical balance between the seven City Council districts at a legally acceptable margin of deviation, and to make such changes as are necessary to comply with the Voting Rights Act and applicable state and federal law; and Ordinance No. 21-3723 Page 1 of 8 453 WHEREAS, in order to conduct the redistricting process and due to the fact that reliable population figures as provided by the U.S. Census Bureau were first made available on April 26, 2021, less than one year and five months before the first general election following the decennial census, requires the City Council, in accordance with Article VI, §6.02(c)(6) of the City Charter to, by ordinance, to shorten the time period for the district commission to adopt and present to the Council its redistricting plan; and WHEREAS, the City Council of the City of Plainview, in accordance with Article VI, §6.02(c)(6), establishes the shortened timeframe and calendar of events as outlined in this ordinance to allow the redistricting commission to adopt and present its redistricting plan to the City Council of the City of Plainview. NOW, THEREFORE, THE CITY OF PLAINVIEW, TEXAS, HEREBY ORDAINS AND ORDERS THAT: SECTION 1. The recitals set forth above are hereby found to be true and correct and are incorporated into the body of this Ordinance for all purposes as if fully set forth herein. SECTION 2. The Findings of Fact Regarding Political Boundaries of the City of Plainview, Texas and the Order for Redistricting of Political Boundaries attached to this ordinance are hereby approved and ordered by the City Council and shall be signed by each member of the City Council. SECTION 3. In accordance with Article VI, §6.02(c)(6), the City Council hereby adopts the following shortened time frame and calendar of events to allow the redistricting commission to adopt and present its redistricting plan to the City Council of the City of Plainview: October 26th, 2021 City Council Appoints Redistricting commission November 15th, 2021 Redistricting commission Meeting Presentation of Initial Assessment Report and discuss changes to district boundaries based on census information November 30th, 2021 Redistricting commission Meeting to appoint three (3) additional members to the Commission per City Charter, approve redistricting criteria, consider adjustments to district boundaries and designate plan for public hearing to take comment December 9th, 2021 City Council Meeting to consider first reading of Ordinance Approving Findings of Fact regarding Political Boundaries of the City of Plainview, Ordinance No. 21-3723 Page 2 of 8 FAUV MLOWAM Texas following Publication of 2020 Census Data and Order for Redistricting of Political Boundaries and to consider first reading of Ordinance Adopting a shortened time frame for redistricting as required per City Charter Section 6.02(c)(6) December 141h, 2021 City Council Meeting to consider second readings of Ordinance related to redistricting January 6th, 2022 Redistricting commission Public Hearing on Redistricting Plan January 11th, 2022 City Council Meeting Presentation of Redistricting Plan by the Commission, Public Hearing on the Redistricting Plan and first reading of the Ordinance to adopt the Redistricting Plan January 251h, 2022 Second reading of the Ordinance to adopt the Redistricting Plan SECTION 4. Ratification. All actions taken by the City Council of the City of Plainview, including any actions taken by the redistricting commission appointed by the City Council, which occurred prior to the effective date of this ordinance are hereby ratified, approved and confirmed. SECTION 5. Effective Date. This Ordinance shall take effect immediately from and after its final passage and publication as may be required by governing law. SECTION 6. Severability. Should any paragraph, section, sentence, phrase, clause or word of this ordinance be declared unconstitutional or invalid for any reason, the remainder of this Ordinance shall not be affected thereby and shall remain in full force and effect. SECTION 7. Publication. The City Secretary of the City of Plainview is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method provided by law. Passed and approved on first reading this 9th day of December, 2021. 1 1 n Ordinance No. 21-3723 Page 3 of 8 MO INILWAM 1 Passed and approved on second reading this 14th day of December, 2021. arles Starnek Mayor ATTEST: A& a�) L�� Belinda Hinojosa, City Secret APPROVED AS TO CONTENT: APPROVED AS TO FORM: ktw Matthew L. Wade, City Attorney Ordinance No. 21-3723 Page 4 of 8 %7100 IN THE CITY COUNCIL OF CITY OF PLAINVIEW, TEXAS FINDINGS OF FACT REGARDING POLITICAL BOUNDARIES OF CITY OF PLAINVIEW, TEXAS FOLLOWING PUBLICATION OF 2020 CENSUS DATA AND ORDER FOR REDISTRICTING OF POLITICAL BOUNDARIES On the 30th day of November, 2021, the Redistricting Commission of City of Plainview met in regular/called session, having posted notice of said hearing in compliance with Chapter 551 of the Texas Government Code. The City Council of City of Plainview has previously retained the firm of Allison, Bass & Magee, LLP, of Austin, Texas, to conduct an Initial Assessment of existing political boundaries of City of Plainview, following the issuance of census data by the United States Census Bureau. Attached to this Order, and incorporated herein for all purposes by reference, is a copy of the initial assessment conducted by Allison, Bass & Magee, LLP. This assessment is based upon PL94-171 data, as required by federal law, and is further based upon information provided to Allison, Bass & Magee, LLP by the Texas Legislative Council, other official sources of information, and by City of Plainview, Texas. Based upon this information, City of Plainview has a total maximum deviation of 33.39%. The term total maximum deviation is determined by dividing the total population of City of Plainview by seven, the number of City Council districts to determine an ideal district size. The actual population of each district is then determined, based upon the official population data contained within the census count, as defined by Public Law 94- 171. The actual population of each district is compared to the ideal district size and a range of deviation by percentage is determined. Any total maximum deviation in excess of ten percent (10%) is presumptively unconstitutional under established federal law. As a result of this determination, City of Plainview has a constitutional duty to redistrict its political boundaries so as to achieve "One -Person -One -Vote" numerical balance between the seven City Council districts at a legally acceptable margin of deviation, and to make such changes as are necessary to comply with the Voting Rights Act and applicable state and federal law. IT IS THEREFORE ORDERED, ADJUDUGED and DECREED that the City Ordinance No. 21-3723 Page 5 of 8 457 1 1 Council of City of Plainview, Texas expressly finds that it has a legal duty to redistrict. The public interest will be served by redrawing the existing political boundaries of City of Plainview in such a manner as to comply with applicable state and federal law. The City Council hereby enters the following findings of fact and of law: 1. City of Plainview has a total maximum deviation, as defined in this order, of 33.39%. 2. Any total maximum deviation in excess of ten percent (10%) is presumptively unconstitutional under federal law. 3. City of Plainview, acting by and through its City Council, is hereby resolved to immediately undertake such necessary and appropriate action to accomplish redistricting of existing City Council districts, and any incidental modification of existing, consolidated, or newly created election districts necessary to accomplish such redistricting. 4. The City Council shall henceforth convene in open meetings, duly posted in accordance with the Texas Open Meetings Act, to take up and consider one or more alternative plans for the legal redistricting of City of Plainview. 5. After due consideration of one or more alternative plans, City of Plainview shall adopt a plan deemed to satisfy legal requirements, and which best suits the legitimate governmental needs of City of Plainview. 6. The adopted redistricting plan will address political boundaries of the City Council Election districts of City of Plainview, and shall remain in effect until altered or amended by subsequent Order of the City Council. Signed this 14th day of December, 2021. I Council Member, District 1 Council Memb District 3 ncil W tuber, District 2 Cou cil Member, District 4 Ordinance No. 21-3723 Page 6 of 8 Council- •- Vaea nf" Council Member, District 7 /&&06 19L""" City Secretary, City of Plainv'e Council Member, District 6 Mayor, City of Rlainview J 1 Ordinance No. 21-3723 Page 7 of 8 459 --7 Lj 1 Preliminary Initial Analysis 2020 Census Data 10/25/2021 City of Plainview, Texas Actual Ideal Relatlee Poa Pon DMAte Din tatlao Ward 1 2620 2884 -264 -9.15% Ward 2 2701 2884 -183 -6.34% Ward 3 2693 2884 -191 -6.62% Ward 4 2801 2884 -83 -2.87% Ward 5 3583 2884 699 24.247/n Ward 6 3096 2884 212 7.36% Ward 7 2693 2884 -191 -6.62% Total 20187 20187 Total Mavmuni Dej 33.39 % ElhntvRwial Data- "total Pop DOIO p 20201'°p Charge (change ^_'19i '_ui87- _2(X)7 -°iPo Total Maxim- Dry-Miun adore 10% requires redistricting Maximum lle%iatiun less than than 5%is desireable it p-ible. Ward I 408 160 21 8 1944 4 41 71 2620 12.98°o Ward 2 548 79 7 4 2009 8 6 40 2701 13.38°a Ward 3 341 119 1 9 2183 2 R 30 2693 13.34% Ward 4 1210 118 7 12 1379 8 9 58 2801 13 88?0 Ward 5 1725 114 16 42 1593 2 7 84 3583 17.75% Ward 6 1015 170 6 29 1811 0 4 61 30% 1534% Ward 7 332 174 13 11 2127 1 2 33 2693 13.34?° Taal 5- 9 934 71 115 13046 25 40 377 20187 100.00!b %of County 27 64°-a 4 63°0 0 35?0 O.",ul 64.63%1 0.12'N 0 20°•0 1 870o 100.000'0 Ward l 15 57*.l 6.11% O.W. 0.31% 74.20% 0 15% 0 15%1 2.71"0 100.00% Ward 2 20 29°-° 292°0 0.26% 0.15°-° 74.3r. 0 30% 0 22% 1.48°-0 100 00% Ward3 1266°° 442°0 0.04% 0-33% 810640 007% 030.2 111% 100.00". Ward 4 43 20°-0 4.21°0 0.25oro 0 43�•0 49 23"ro 0 290v 0.32°0 2.071. 100.00% Ward 5 48.14% 3.186o 0.45% 1 17% 44.46% 0.06°•° 0.20%1 2.34% 100 00% 100.00°n \5'ard 6 327816 3 49% 0.19°o 0.94% 58 49°•0 0 00% 0 13%1 1.97°0 Ward 7 12 33°-° 6 46% 0.48% 0 41 % 78.9S% 0.04% 0.07%1 1.23% 100 00% .._. .... r:.�_._i._._..�.�.... .__._ .m...... .... •�J w.L- AL..-..L rI.�IP-. r. ILA.. 1rnNi TMi A ... \5`ard 1 359 131 15 7 1343 4 2 4R 1909 R"ard 2 482 60 7 4 1327 4 4 32 1920 13,12-.. N;,ard 3 274 87 1 9 1529 2 6 15 1923 13 14.. Ward 4 1024 87 6 12 925 8 9 44 2115 14 45'." Ward 5 1492 79 16 33 1046 1 7 54 2728 18 61°.. Ward 6 852 136 6 24 1176 0 2 44 2240 15.30°1. Ward 7 260 143 13 4 1358 1 2 21 1802 12.317 Total 2139 365 2') 32 3124 IR 21 139 14637 100()(No "•o a'Cotmty 14.61% 2.49% 0 2(p.� 0 22 35.01°ro 0.12°° 0.14°0 0 9540 33 747°.b Ward 18.81% 6.86°6 079°0 037!0 70.35% 0.21% 0.104° 251% 100.000% Ward 2510°0 313% 036°0 021% 69.11% 0.21% 021%1 167% 100.000?. Ward 1425% 452% 005% 0.47°o 79.51% 0.10% 031°0 078°° 100.0001. Ward 4 48.42"0 4 11°0 0 28'. 0 57% 43.74% 0.38°•° 0 43% 2 11R°o 100.000°° Ward 5 54.69°0 2 90% 0 59% 1 21% 38.34% 0.0M o 100.0000° Ward 6 38.04°o 6 07% 0 27% 1.07% 52.50% 0.08 100.000"a Ward? 14.43°o 7.94"0 072% 022% 75.36°•0 0.0o I(I(1 (lIX1<'a Ordinance No. 21-3723 Page 8 of 8