HomeMy WebLinkAbout2009 - City of Blaine Redistricting of Wards 2009ORDINANCE NO.09-2732
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BLAINE,
WASHINGTON, RE -ASSIGNING COUNCIL MEMBER OVERSTREET
FROM WARD 3, POSITION 5 TO WARD 2, POSITION 4; CALLING FOR
AN ELECTION AT THE GENERAL ELECTION IN 2009 FOR FILLING
THE REMAINING FINAL TWO YEARS OF THE FOUR YEAR TERM
FOR WARD 3, POSITION 5 ENDING IN 2011; CALLING FOR AN
ELECTION AT THE GENERAL ELECTION IN 2011 FOR FILLING THE
REMAINING FINAL TWO YEARS OF THE FOUR YEAR TERM FOR
WARD 2, POSITION 4 ENDING IN 2013; AND AMENDING BLAINE
MUNICIPAL CODE CHAPTER 1.08.030 TO CORRECT SCRIVENER'S
ERROR.
WHEREAS, the City Council provided for the redistricting of the City wards by Ordinance No.
08-2694 approved February 25, 2008; and
WHEREAS, based on the redistricting of wards in 2008, Council Member Overstreet resides in
Ward 2 and Council Member Robinson resides in Ward 3 resulting in the unintended outcome
that Ward 2 would be represented by more Council Members than it is entitled following the
General Election in 2009; and
WHEREAS, RCW 35A.12.180 requires the Council re -assign a Council Member with the
shortest remaining term which would be Council Member Overstreet as of January 1, 2010; and
WHEREAS, RCW 35A.12.180 prohibits the shortening of a Council Member's term upon such
reassignment; and
WHEREAS, the staggering of the ten -xis of the positions within a ward is required by state law
per RCW 35A.13.020, RCW 35A.12.040, and RCW 35A.02.050; and
WHEREAS, as a result of the re -assignment of Council Member Overstreet, he will fill the
otherwise open seat in Ward 2, Position 4 for the first two years of the four year term
commencing January 1, 2010 which in turn will require an election to fill the remaining two
years of the four year term to be held at the general election in November 2011; and
WHEREAS, as a result of the re -assignment of Council Member Overstreet, the last two years
of Position 5 in Ward 3 will be vacant as of January 1, 2010, necessitating an election to fill the PlrecL
remaining two year of the term of Position 5, Ward 3 to be held at the General Election in
November 2009.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BLAINE, WASHINGTON as follows:
Ordinance 09-2732
Section 1: Effective January 1, 2010, Council Member Overstreet is re -assigned to Ward 2,
Position 4 to prevent Ward 2 from having more Council Members residing in Ward 2 than it is
entitled.
Section 2: During the November 2009 General Election, Ward 3, Position 5 shall be on the
ballot for election to fill the last two years of this position being vacated as a result of the re-
assignment set forth in Section 1, above.
Section 3: During the November 2011 General Election, Ward 2, Position 4 shall be on the
ballot for election to fill the last two years of this position being vacated as a result of the ending
of the four year teran to which Council Member Overstreet was elected.
Section 4: Ward 2, Position 4 shall not be on the ballot for election at the General Election in
November 2009, as a result of the re -assignment of Council Member Overstreet from Ward 3,
Position 5 to Ward 2, Position 4.
Section 5: Blaine Municipal Code Chapter 1.08.030 is amended to read as follows:
The city councihmmbers existing as of the adoption of the ordinance codified in this chapter
shall continue to hold office for the balance of the terms for which they were elected, and upon
expiration of those terms their successors are to be elected and qualified at the next biennial
municipal election, to be conducted as provided in Chapter 35A.29 RCW. The Positions for
ward and for the At -Large Position shall be deemed and dealt with as separate offices for all
election purposes, and are numbered as follows:
Ward 1, Positions 1 and 2
Ward 2, Positions 3 and 4
Ward 3, Positions 5 and 6
At -Large, Position 7
The terns for each position within each ward shall be staggered as required by law. Consistent
with the provisions of this Ordinance No. 09-2372, the offices of councilmember position Nos. 1
and 3 will be filled at the 2011 general municipal election of four-year terms of office;
councilmember positions 2 and 6 will be filled at the 2009 general municipal election; position 4
will be filled for the last two years of the unexpired four year term at the 2011 general municipal
election, with the full four year term being filled at the 2013 general municipal election; further,
position 4, ward 2 will not be on the ballot in 2009; position 5 will be filled for the last two years
of the unexpired four year team at the 2009 general municipal election, with the full four year
term being filled at the 2011 general municipal election; position 7 councihnember-at-Iarge will
be filled at the 2009 general municipal election for a four-year term of office. Thereafter the
requisite number of city council positions shall be filled by election biennially as the terms of
their predecessors expire and shall serve for terms of four years.
Section 6. Severability. If any section, subsection, clause or phrase of this ordinance is for any
reason held to be invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance.
Ordinance 09-2732 2
Section 7. Effective Date. This ordinance shall be in force from and after its passage by the
City Council and approval by the Mayor, if approved, otherwise, as provided by law and five
days after the date of publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF BLAINE, WASHINGTON on
the 4th day of May, 2009, and approved by the Mayor on the same day.
CITY OF BLAINE, WASHINGTON
"e- e�"�
Bonnie Onyon y ayor
ATTEST/AUTHENTICATE:
Shen nche
City Clerk
Ordinance 09-2732
APPROVED AS TO FORM:
Jon an Sitkin
" y Attorney