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Res No 156-10-13190RESOLUTION NO. 156-10-13190 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, endorsing the establishment of the constitutional standards contained in FairDistricts Amendments 5 and 6 and disapproving Amendment 7; and providing an effective date. WHEREAS, the City of South Miami has a great interest in ensuring that Legislative and Congressional district lines are drawn fairly and that all Florida voters have a meaningful opportunity to select their representatives of choice; and WHEREAS, FairDistricts Amendments 5 and 6, which will appear on the November, 2010 ballot, will establish fairness standards to be applied when Legislative and Congressional district lines are drawn; and WHEREAS, the above mentioned fairness standards, while embedding voting rights of racial and Language minorities in the Florida Constitution, will prohibit the drawing of district lines to intentionally favor a political party or incumbent, require that districts be contiguous and to the extent possible that districts be compact and adhere to existing local boundaries; and WHEREAS, the City of South Miami believes that adherence to the standards being proposed by FairDistricts Amendments 5 and 6 will bring great benefit to all citizens of our city and of our state; and WHEREAS, the Florida Legislature has, in an effort to retain its power to draw districts to favor incumbents and political parties, voted to place Amendment 7 on the November ballot; and WHEREAS, Amendment 7 is a deceptive attempt to fool Florida voters as to its chief purpose and effect, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT: Section 1. The City of South Miami favors, approves and endorses, the establishment of the constitutional standards contained in FairDistricts Amendments 5 and 6 and disapproves of Amendment 7. The City of South Miami urges all Florida voters to vote YES on FairDistricts Amendments 5 and 6 and NO on Amendment 7. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS 3rd DAY OF August 2010. ATTEST: Page 1 of 2 APPROVED: Res. No. 156 -10 -13190 4&PL READ AND APPROVED AS TO FORM AND SUFFICIENCY: LAURENCE FEINGOLD CITY ATTORNEY f &4i MAYO COMMISSION VOTE: 4 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: out of room W:\My Documents \resolutions \Resolution endorsing a mendment.stoddard.doc Page 2 of 2 AMENDMENT 5 STANDARDS FOR LEGISLATURE TO FOLLOW IN LEGISLATIVE REDISTRICTING BALLOT SUMMARY: Legislative districts or districting plans may not be drawn to favor or disfavor an incumbent or political party. Districts shall not be drawn to deny racial or language minorities the equal opportunity to participate in the political process and elect representatives of their choice. Districts must be contiguous. Unless otherwise required, districts must be compact, as equal in population as feasible, and where feasible must make use of existing city, county and geographical boundaries. Full text: In establishing Legislative district boundaries: (1) No apportionment plan or district shall be drawn with the intent to favor or disfavor a political party or an incumbent; and districts shall not be drawn with the intent or result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process or to diminish their ability to elect representatives of their choice; and districts shall consist of contiguous territory. (2) Unless compliance with the standards in this subsection conflicts with the standards in subsection (1) or with federal law, districts shall be as nearly equal in population as is practicable; districts shall be compact; and districts shall, where feasible, utilize existing political and geographical boundaries. (3) The order in which the standards within sub - sections (1) and (2) of this section are set forth shall not be read to establish any priority of one standard over the other within that subsection. AMENDMENT STANDARDS FOR LEGISLATURE TO FOLLOW IN CONGRESSIONAL REDISTRICTING BALLOT SUMMARY: Congressional districts or districting plans may not be drawn to favor or disfavor an incumbent or political party. Districts shall not be drawn to deny racial or language minorities the equal opportunity to participate in the political process and elect representatives of their choice. Districts must be contiguous. Unless otherwise required, districts must be compact, as equal in population as feasible, and where feasible must make use of existing city, county and geographical boundaries. Full text: In establishing Congressional district boundaries: (1) No apportionment plan or individual district shall be drawn with the intent to favor or disfavor a political party or an incumbent; and districts shall not be drawn with the intent or result of denying or abridging the equal opportunity of racial or language minorities to participate in the political process or to diminish their ability to elect representatives of their choice; and districts shall consist of contiguous territory. (2) Unless compliance with the standards in this subsection conflicts with the standards in subsection (1) or with federal law, districts shall be as nearly equal in population as is practicable; districts shall be compact; and districts shall, where feasible, utilize existing political and geographical boundaries. (3) The order in which the standards within sub - sections (1) and (2) of this section are set forth shall not be read to establish any priority of one standard over the other within that subsection. Amendment 7 According to the Florida Department of Elections the summary of the measure read as follows:[121 In establishing congressional and legislative district boundaries or plans, the state shall apply federal requirements and balance and implement the standards in the State Constitution. The state shall take into consideration the ability of racial and language minorities to participate in the political process and elect candidates of their choice, and communities of common interest other than political parties may be respected and promoted, both without subordination to any other provision of Article Ill of the State Constitution. Districts and plans are valid if the balancing and implementation of standards is rationally related to the standards contained in the State Constitution and is consistent with federal law.