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HomeMy WebLinkAbout4665 Ordinance - Amending PMC Chapter 1.15 Council Voting DistrictsORDINANCE NO.4665 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, ADOPTING THE REDISTRICTING MAP TO INCLUDE ANNEXED AREAS SINCE APRIL 2020 AS ALLOWED BY PASCO MUNICIPAL CODE AND AMENDING CHAPTER 1.15 OF THE PASCO MUNICIPAL CODE ENTITLED "VOTING DISTRICTS" TO REFERENCE PROPOSED PRECINCTS BY FRANKLIN COUNTY. WHEREAS, in 1965, Congress adopted the Federal Voting Rights Act as a tool to prohibit discriminatory practices in state and local elections, based on the protections provided under the Fifteenth Amendment to the Constitution; and WHEREAS, in 2018, the Washington State Legislature adopted a State Voting Rights Act (codified in Chapter 29A.92 RCW), also intended to prohibit any voting practice or procedure that effectively impairs the equal opportunity for members of a minority group to participate in the nomination and election of candidates; and WHEREAS, the State Voting Rights Act (Section 29A.92.050 RCW) provides for a mechanism for drawing up voting districts in cities that seeks to accomplish the purposes of the Voting Rights Act; and WHEREAS, the City of Pasco has developed such a system of voting districts, codified in Chapter 1.15 of the Pasco Municipal Code; and WHEREAS, in accordance with RCW 29A.76.010 Redistricting, the voting districts need to be revised periodically as populations and demographics change at a minimum of every ten years based on the decennial census; and WHEREAS, in accordance with RCW 29A.76.010, the City of Pasco revised the voting districts based on the decennial census in the City of Pasco by Ordinance No. 4632 on December 5, 2022; and WHEREAS, in developing the anticipated revision of the Pasco voting districts, the City of Pasco has hired the services of consultants to assist the City with the task of making voting district revisions — adjusting for population and demographic shifts yet keeping districts parity in line based on the requirements of RCW 29A.76.010; and WHEREAS, in connection with such revision of the Pasco voting districts, Census Groups and Census Blocks were apportioned to the City's identified voting districts, as shown on the Map of Ordinance No. 4632, a copy of which is attached hereto, marked as Exhibit A and now are in need of amendment to be apportioned by proposed precincts by Franklin County, a copy of which is attached hereto, marked as Exhibit B, and incorporated herein by this reference; and Ordinance — Amending PMC Chapter 1.15 - 1 WHEREAS, due to significant annexations into the corporate limits of the City since the Decennial Census on April of 2020, it is now necessary to amend the District Map adopted by Ordinance No. 4632 as allowed by Pasco Municipal Code 1.15.110 as well as to correct minor errors with census blocks and adjustments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 1.15 entitled "Voting Districts" of the Pasco Municipal Code shall be and hereby is amended to read as follows: Chapter 1.15 VOTING DISTRICTS Sections: 1.15.010 Number of districts — Equal population in each. 1.15.020 District one. 1.15.030 District two. 1.15.040 District three. 1.15.050 District four. 1.15.060 District five. 1.15.070 District six. 1.15.080 Election of Councilmembers and Councilmembers-at-large. 1.15.090 Councilmembers — Residential requirement and/or removal. 1.15.100 Re-establishment of district boundaries. 1.15.110 Annexation. 1.15.120 Recall petitions. 1.15.130 Filling vacancies. 1.15.010 Number of districts - Equal population in each. The City is divided into six voting districts. Each district shall be as nearly equal in population as possible; compact as possible; consist of geographically contiguous area; be configured as to not favor or disfavor any racial group or political party; and to the extent feasible, coincide with the existing recognized natural boundaries so as to preserve existing communities of related and mutual interest. [Ord. 4632 § 1, 2022; Ord. 4315, 2016; Code 1970 § 1.10.010.] 1.15.020 District one. • . . . . . . . . . . Ordinance — Amending PMC Chapter 1.15 - 2 Loa / / i / • i / /III / / /// // //i •■ / / •WATOMMAVY-AWAIWAVA A. WAIWI and 004,005,... 007,... 009, 010, 011, 015, 016, 017, 018, 019, 020, 021, 022, 23, . and • r-oup/ / / district one shall encompass /i eensusVoting the area within the City, of Pasco comprised of •' •"• 1 . • ••" 1" • 1 1 • • 1 County. [Ord. 4632 § 1, 2022; Ord. 4346, 2017; Ord. 4315, 2016; Code 1970 § 1.10.020.] 1.15.030 District two. ., /i, /, ., /. 99AWAVA' .,. . • . . . . , / • • . • • / • . / / / ... .. /. /. _ / . • . . . / • 1 . / . • . i / /VTAI .,__,..._ _ R 90� L s :,_,,.. AI ,..... am, -, a RIM.M.1 Ordinance — Amending PMC Chapter 1.15 - 3 GWAIFAWASE All imo@A'TNIAWATN IN FA PAWAIDIAIWAV F.IF.IM AMA 99JAWWWA1296 A A ■ III A • i ■ ■ ■i■ /■/ ■■ ■■ ■■ / ■ i ■ ■ ■ ■ .-WMTATM ■ 1 ■ ■ ON■ ■ 0,011-11 AMA / ■ / ! ■ 1 / ■ .. .. ... .. ... .. . . . . . . . . : . . . . . . ■ ■ ■ • ■5 / Affl Afj1jjjjj~* "A ■ ■ / ■ MMUMATS .. .. ... .. ... .. . . . . . . . . : . . . . . . • 1 two • 1 . . • • • 1 1 • •" MI71 • .1 1 ••" •" • • ' 1 1 • Franklin County. [Ord. 4632 § 1, 2022; Ord. 4346, 2017; Ord. 4315, 2016; Code 1970 § 1.10.030.] 1.15.040 District three. Ito! .■. ■/ ■.. .. ■/• ■■• ■ ■ . . . . . ■ ■ . • . . ■ .. ■■. ■■ ■■ .. Ordinance — Amending PMC Chapter 1.15 - 4 ,1111:5WATAILIWITA. I ••!JWATSTGIWAIkFAWAI. • • . • • • • ! • • • • • • •_■ MMI . • ■ LED WAR7.v" ■ i ■ •!■ ■■ ■■■ ■■ ■■ ■■ .. .. ... .. ... .. . . . . . . . . : . . . . . . 021,022,023,024,025,026,027. Votinu district three shall encompass-thearea within the Citv of Pasco comprised 1 on file with the Auditor of Franklin County. [Ord. 4632 § 1, 2022; Ord. 4346, 2017; Ord. 4315, 2016; Code 1970 § 1.10.040.] 1.15.050 District four. M L pil .... . ..... A A AMA A PATA iimAllowAlivA 11 All ft-HAWAMILMSM.M. WAID ■ ■ . .IDIOM' . • A,J�g�� A WAS Ordinance — Amending PMC Chapter 1.15 - 5 05-7 Voting district four shall encompass the area within the City of Pasco comprised of precinct numbers 37, 43, 44, 45, 46, 50, 55 and 70 as those precincts are described on the maps and property descriptions on file with the Auditor of Franklin County. [Ord. 4632 § 1, 2022; Ord. 4346, 2017; Ord. 4315, 2016; Code 1970 § 1.10.050.] 1.15.060 District five. 0w&hrV.lTrr.NlM . IN N. 1101211ATATAVIHIM .. .. . 1 1 . . . . , . . _ . . • .., .. a . OT679016FAR 11. / . . . / .., .. .._ .. 11� ..• . . . . . . , 1 . 1 1 . • / Pli• / / . / 1 /.. /Nf mil .1 1 / STAIRAWATEWJWATNXGWAIWIAWATE41. 1 / . .WL. . 1 �• . , ._..RRIlTAWAT1111.. .� AA AA IIII'Awmilln %'JWATATlWAlkWlWllkWAWAlklLl/ / 1 V full Mml with the Auditor of Franklin County. [Ord. 4632 § 1, 2022; Ord. 4346, 2017; Ord. 4315, 2016; Code 1970 § 1.10.060.] Ordinance — Amending PMC Chapter L 15 - 6 1.15.070 District six. ............ .., .. .._ .. .•� •i• . . -ADOWAlkWOWAINILIWIIIF-,Will • • . . . Lb X IRA • . . . . IWARTOJIWATATIWAIN ATA • . • . . . •i. .. .. .. . . . . . . . ... i• .. .. 7M!TM ATM mum— . • . . . . IN.M."l ... .. .. .. _. I&L-JAWWAIIKIWAITRITAWAI .. .. ... .. ... .. . . . . . . . : . . • _ . . .,.P.111 Will r-PMATAIL*AWATATIJWAII. . ... .. .._ .. .08 ..• 010, 011, 012, 013, 014, 015, 016, 017, 018, . • . . • . . . Bill il . . 530210204032;_ _ . bill ... 001,002,.. ii, .. .._ .. ..8 ..• . . ill . . . . , ••, i., 005,.._ 007,008,009, 010, 011, 012, 013, 014, 015, 016, 017, 018,019, 020, 021,022,023,024,025, Voting district six shall• .. of Pasco comprised of numberspreeinct • • 20, 27, 28 and 30 as thosegrell are County. [Ord. 4632 § 1, 2022; Ord. 4346, 2017; Ord. 4315, 2016; Code 1970 § 1.10.070.] Ordinance — Amending PMC Chapter 1.15 - 7 1.15.080 Election of Councilmembers and Councilmembers-at-large. The qualified electors of each voting district, and they only, shall nominate from among their number candidates for the office of Councilmember of such voting district to be voted for at the following general election. Such candidates shall be nominated in the same manner as other candidates at the primary election held on the date specified in RCW 29A.04.311. In addition, one Councilmember, designated Councilmember-at-large, shall be nominated from among all districts within the City. Each Council position shall be numbered one through six corresponding to the district number with the at -large candidate being designated as position seven. The two candidates having the highest vote totals for each Council position shall be certified as having been nominated and shall run for that position in the general election. District Councilmembers shall be elected by all of the qualified voters of the District and the Councilmember-at-large shall be elected by all of the qualified voters of the City and the person receiving the highest number of votes for the office of Councilmember for the position for which he or she is a candidate shall be declared duly elected. [Ord. 4632 § 1, 2022; Ord. 4315, 2016; Code 1970 § 1.10.080.] 1.15.090 Councilmembers — Residential requirement and/or removal. Councilmembers elected from districts shall be residents of the district from which they are elected. Removal of a Councilmember from the district from which he or she was elected shall create a vacancy in that office; provided, that no change in the boundaries of districts shall affect the term of any Councilmember, but he or she shall serve out his or her term in the district of their residence at the time of their election. [Ord. 4632 § 1, 2022; Ord. 4315, 2016; Code 1970 § 1.10.090.] 1.15.100 Re-establishment of district boundaries. In addition to decennial census adjustments required by RCW 29A.76.010, the Council shall reestablish district boundaries whenever the population in any district exceeds by 10 percent or more the population in any other district; provided, that no change in the boundaries of any district shall be made within 90 days next before the date of a general municipal election, nor within 12 months after the districts have been established or altered. [Ord. 4632 § 1, 2022; Ord. 4315, 2016; Code 1970 § 1.10.100.] 1.15.110 Annexation. When additional territory is added to the City, it may, by act of the City Council, be annexed to contiguous districts or attached to any other district as the Council may determine without affecting the right to redistrict at the expiration of 12 months after the last previous division. [Ord. 4632 § 1, 2022; Ord. 4315, 2016; Code 1970 § 1.10.110.] Ordinance — Amending PMC Chapter 1.15 - 8 1.15.120 Recall petitions. Any registered voter shall be eligible to sign a petition for the recall of any Councilmember. [Ord. 4632 § 1, 2022; Ord. 4315, 2016; Code 1970 § 1.10.120.] 1.15.130 Filling vacancies. If a vacancy in the Council occurs or if a district office is not filled by the election process, the remaining members of the City Council shall appoint a person to fill such office until the next regular general municipal election, at which time a person shall be elected to serve for the remainder of the unexpired term. Persons appointed to fill district offices shall be the residents of that district. [Ord. 4632 § 1, 2022; Ord. 4315, 2016; Code 1970 § 1.10.130.] Section 2. Delegation to the City Manager. The City Council delegates authority to the City Manager, to make minor substantive changes necessary to implement the will of the Council in establishing voting districts with Franklin County precincts in compliance with the attached District map, as allowed by law. Section 3. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this Ordinance. Section 4. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener's errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of Ordinances or their sections and subsections. Section 5. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this 24th day of April, 2023. r Btanel jas e r" l IkAa (one Mayor Ir ra - f eM ATTEST: Debra Barham, CMC City Clerk Published:���r��l-?S�-?,, Ordinance - Amending PMC Chapter 1.15 - 9 AS TO FORM: 41, Kerr F son Law, PLLC CT-- ouopemil 40 District 6