REALIGNMENT OF WARD BOUNDARIES - Laserfiche WebLink

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~--_ n OFFICE OF THE CITY ATTORNEY OPINION N0. ~l~Z -.2~ DECEMBER 28, 1972 SUBJECT: Realignment of Ward Boundaries REQUESTED BY: City Council OPINION BY: James A. .Withers, City Attorney BY: Richard E. Lay, Deputy City Attorney QUESTION: Where the City Council has .introduced but not yet adopted an ordinance re- aligning ward boundaries may it now adopt an ordinance realigning such boundaries which differs from that already introduced? ANSWER: No. In view of the Charter requirement that such an ordinance be enacted at least 90 days prior to the general election, any new ordinance would have to be adopted as an emergency measure. Such a procedure would run a substantial • risk of invalidation by the courts. ANALYSIS Ordinance NS-1151, changing council member ward boundaries in the City of Santa Ana, was introduced before the City Council at the Council meeting of December 18, 1972. The ordinance is designed to satisfy the requirement of Charter Section 101.2 that such •,aards be realigned prior to each general municipal election and to con- form such wards to the requirements of Government Code §34898 as amended in 1972. The Government Code now requires that districts from which the council members of a chartered city are nominated be established on the basis of equal population. Prior to the introduction of Ordinance NS-1151, the Council on December 7, 1972, passed a resolution of intent to change ward boundary lines and setting the matter far public hearing at the Council Meeting of December 18, (Resolution 72-123). Such reso- lution was published according to the requirements of Section 101.4 of the Charter and the public hearing held as specified. The question now arises whether the Council may introduce and adopt an ordinance realigning ward boundaries which differs in some respects from NS-1151 as introduced on December 18. Section 101.2 of the Charter of the City of Santa Ana requires 74