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HomeMy WebLinkAbout17495 ORD - 03/02/1983AN ORDINANCE COMPLYING WITH UNITED STATES DISTRICT COURT ORDER OF FEBRUARY 2, 1983, AND ESTABLISHING A NEW ELECTORAL SYSTEM FOR THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI PRESCRIBING FORM, STANDARDS, AND DISTRICT BOUNDARIES AS SHOWN ON THE ATTACHED EXHIBITS TO BE EFFECTIVE UPON PRE -CLEARANCE BY THE ATTORNEY GENERAL OF THE UNITED STATES AND APPROVAL BY THE UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF TEXAS; AND DECLARING AN EMERGENCY. WHEREAS, on February 2, 1983, United States District Judge George P. Kazen in Civil Action No. C-81-227, Abel Alonzo, et al, Plaintiffs, vs. Luther Jones, et al, Defendants concluded that the further use of the at large system for election of the city council members in the City of Corpus Christi should be prohibited and directed Defendants within thirty (30) days to submit to the Court a proposed new plan for electing persons to the City Council. WHEREAS, the City Council desires to comply with such order; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Membership and term. a. The city council of the City of Corpus Christi shall consist of eight (8) council members and a mayor. Five (5) council members shall be elected by majority vote from single member districts as shown on attached Exhibit "A"; three (3) council members shall be elected at large by plurality vote with winners required to gain at least twelve percent (12%) of the total votes cast for all candidates for all at large council member positions, and the mayor shall be elected at large by majority vote. 1'7495 SEP 2 81984 MEMLMED b. The mayor and members of the city council shall be elected for a term of two (2) years and shall hold office until their respective successors have been elected and qualified. The terms of the mayor and city council members elected in 1983 shall expire upon the conduct of the April 1985 elections and the qualification of the successful candidates. SECTION 2. Election Standards. a. Residence: To be a candidate for mayor or city council, a person must be a citizen of the United States, a qualified voter of the city, a resident of the state for a period of twelve (12) months next preceding the date of the deadline for filing for office, and a actual resident of the city for a period of six (6) months next preceding the date of such deadline. Additionally, a candidate for election from a single member district must have been a resident of that district for a period of six (6) months next preceding the date of the deadline for filing for office. Actual residence in a single member district from which elected, or in case of an at large position actual residence in the city, must be maintained throughout the term of office and failure to do so shall work a forfeiture of office. b. Run-offs. 1. If no candidate for mayor receives a majority of all votes cast for such office at any regular or special election, there shall be held on the second Saturday following any such election a run-off election, at which the two candidates receiving the highest number of votes in the regular or special election shall stand for election. 2. If no candidate for city council from a given single member district receives a majority of all votes cast for such office at any regular or special election, there shall be held on the second Saturday following any such election a run-off election, at which the two candidates receiving the highest number of votes in the regular or special election shall stand for election. 3. In regular or special elections of at large council members each voter shall be entitled (but not required) to cast as many votes as there are at large council positions to be filled. In regular or special elections of three at large council members, each voter shall be entitled (but not required) to cast three (3) votes for three (3) different candidates. If fewer than three (3) candidates for at large city council positions receive a plurality of at least twelve percent (12%) each of the total votes cast for all at large city council candidates, there shall be held on the second Saturday following any such election a run-off election, at which (a) if no candidate received at least twelve percent (12%) of the total votes cast for all candidates for the at large positions in the regular or special election, the four (4) candidates receiving the greatest number of votes shall stand for election; (b) if only one candidate received at least twelve percent (12%) of the total votes cast for all candidates for at large positions in the regular or special election, the next three (3) candidates receiving the greatest number of votes shall stand for election; (c) if two (2) candidates received at least twelve percent (12%) of the total votes cast for all candidates for at large positions in the regular or special election, the next two (2) candidates receiving the greatest number of votes shall stand for election. The winners in any such run-off election for at -large positions shall be determined by a plurality vote. c. Application for name or names to appear on ballot. Candidates for mayor or city council shall file with the city secretary not more than sixty (60) and not less than thirty (30) days prior to election day an application for his or her name to appear on the ballot as a candidate for such office. Such application must be in writing and duly verified under oath or affirmed and contain the following information: (1) Office for which applicant is a candidate. (2) Statement of eligibility under Article 1.05 of the Texas Election Code. (3) Occupation. (4) Residence address and length of residence in Texas next preceding the date of the deadline, the length of residence in the City of Corpus Christi next preceding the date of the deadline for filing, and if a candidate for a single member district position, length of residence in such district next preceding the date of the deadline for filing. (5) Age. (6) Current voter registration number. (7) Current voter precinct number. (8) That applicant does not owe delinquent taxes to the city. (9) Loyalty affidavit that applicant will support and defend the Constitution and laws of the United States, of the State of Texas, and the City of Corpus Christi. (10) An application for a political party or slate of candidates must conform to state law and must be signed by at least five hundred (500) qualified voters of the City of Corpus Christi. SECTION 3. District boundaries and support data. The district boundaries of the five single member districts as shown on attached Exhibit "A", as supported by the demographic data as shown on attached Exhibit "B" are hereby adopted. SECTION 4. That the effective date of this ordinance shall be upon pre -clearance by the Attorney General of the United States and approval by the Federal District Judge for the Southern District of Texas. Subject to such approval by the above authorities, the city council will call an election under the new system provided herein for August 13, 1983. Thereafter, city council elections shall be held on the first Saturday in April in odd numbered years. SECTION 5. That upon written request of the mayor or five council members, copy attached, to find and declare an emergency due to the need to expedite adoption in order to meet the deadline set by U.S. District Judge George P. Kazen as outlined above, such finding of an emergency is made and declared requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings so that this ordinance is passed and shall to e effect upon first reading as an emergency measure this theamd day of , 1983. ATTEST: Secretary MAYOR THE CITY OF CORPUS CHRISTI, TEXAS Wtrositi 1 A RO D: DAY OF , 1983: li. BruceAycoc ity ttorney The election procedures outlined in the above ordinance are hereby approved by the Plaintiffs in Cause No. C-81-227, Abel Alonzo, et al v. Luther Jones, et al: Abel Alonzo; Jesus C. Lopez; Jeanel M. Jaimes; Noe P. Jimenez; Corpus Christi LULAC Council No. 1; Corpus Christi Ladies LULAC Council No. 26; Labor Council for Latin American Advancement (LACLA), Corpus Christi Chapter; American GI Forum; Mexican American Democrats (MAD), Corpus Christi Chapter; Agnes Horn; and Mike Zepeda; through their attorneys of record. Paul D. Rich Jose Garza MKT_ T. ,... • - . 1 L I K F hcchtous _L —+ E ( I _ \ l! D i C I B I A AA -4...,__12_, BB CC -- =7-7- _-� :ff_ ;a - ;f 8 . I �I hthh �P A� 7 i { iEn Nun y A 7 DISTRICT 1 TOTAL % DISTRICT % CORPUS 1 POPULATION 46184 100 20 SPANISH 25510 55 23 BLACKS 5763 12 48 7 ANGLOS 14911 32 13 • DISTRICT 2 TOTAL % DISTRICT % CORPUS • POPULATION 49067 100 21 SPANISH 32828 67 30 BLACKS 781 2 7 • ANGLOS 15458 32 14 > > > > DISTRICT 3 TOTAL % DISTRICT % CORPUS POPULATION 46687 100 20 SPANISH 30054 64 27 BLACKS 3694 8 31 ANGLOS 12939 28 11 DISTRICT 4 TOTAL % DISTRICT % CORPUS POPULATION 46380 100 20 SPANISH 8221 18 8 BLACKS 884 2 7 ANGLOS 37275 80 33 DISTRICT 5 TOTAL % DISTRICT % CORPUS POPULATION 45781 100 20 SPANISH .12934 28 12 BLACKS 775 2 7 ANGLOS 32072 70 28 . COMPROMISE PLAN � x / "5 1 'TRI CT 1 8 9 30 38 44 46 47 49 52 60 61 76 77 78 79 81 82 99 101 103 107 110 111 DISTRICT 2 1 3 4 6 21 31 32 33 39 40 41 43 • 45 50 57 58 59 62 67 68 69 72 74 75 ▪ 83 85 87 38 DISTRICT 3 15 20 24 ) 34 51 53 56 71 73 80 95 96 97 98 100 113 114 123 DISTRICT 4 2 17 18 42 63 64 65 86 91 92 117 120 122 DISTRICT 5 5 48 66 ) 70 84 89 90 93 ' 94 106 109 112 115 116 118 119 121 Corpus Christi, Texas 046( day of j , 1983 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance or resolution, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances or resolutions at three regular meetings; I/we, therefore, request that you suspend said Charter rule and pass this ordinance or resolution finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The above ordinance was passed the following vote: Luther Jones Betty N. Turner Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. Dr. Charles W. Kennedy Cliff Zarsky 1 7495