Subject: 9724/Amend Charter/Redistricted Area Candidacy
Date: Fri, 18 Aug 1989 14:54:00 -0500


                                ORDINANCE NO. 9724
                  
                  
                   AN ORDINANCE TO AMEND THE CHARTER OF THE
                   CITY OF CHATTANOOGA, AND ALL ACTS AND
                   ORDINANCES AMENDATORY THEREOF, PURSUANT TO
                   THE PROVISIONS OF ARTICLE XI, SECTION 9, OF
                   THE CONSTITUTION OF THE STATE OF TENNESSEE
                   (HOME RULE AMENDMENT) SO AS TO PROTECT THE
                   RIGHT OF PERSONS LIVING WITHIN A
                   REDISTRICTED AREA TO BE CANDIDATES FOR CITY
                   OFFICE IN THE NEW DISTRICT IF THEY HAVE
                   LIVED THEREIN FOR ONE (1) YEAR.
                  
                  
                            _________________________
                  
                  
       	    	 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
       CHATTANOOGA, TENNESSEE:
       	    	 SECTION 1.  That the present Charter of the City, and
       all Acts and Ordinances amendatory thereof, be and is further
       amended as follows:
            	 Item 1.  The Charter of the City of Chattanooga
            shall be amended as provided hereinafter.
            	 Item 2.  That the terms of Section 19 of the Agreed
            Order entered on January 18, 1990, in the case of Brown
            v. Board of Commissioners, No. CIV-1-87-388, in the
            United States District Court for the Eastern District of
            Tennessee, Southern Division, be amended by adding
            thereto the following:
                 "Any reorganization and adjustment of district
                 boundaries shall not affect any candidate's
                 eligibility for City office in a redistricted
                 area where the candidate has resided in the
                 new district for at least one year."
                
                
                      FOR THE AMENDMENT	       	    (	 )
                
                      AGAINST THE AMENDMENT    	    (	 )
                
                
       	    	 SECTION 2.  BE IT FURTHER ORDAINED, that all laws
       constituting the present Charter of the City of Chattanooga, not
       in conflict with this amendatory home rule ordinance, be and the
       same are continued in full force and effect, and all laws or 
parts
       of laws in conflict therewith are hereby repealed.
       	    	 SECTION 3.  BE IT FURTHER ORDAINED, that if any clause,
       sentence, paragraph, section, or part of this ordinance shall be
       held to be unconstitutional or void, it shall not affect the
       remaining parts of this Ordinance, it being hereby declared to be 

       the legislative intent to have passed the remainder of this
       Ordinance notwithstanding such part, if any, as may be held to be 

       invalid.
       	    	 SECTION 4.  BE IT FURTHER ORDAINED, that this Ordinance
       shall be published in full by the Clerk of the City Council in
       both daily newspapers in the City of Chattanooga after the final
       passage by the City Council, or approval in a referendum, all as
       required by Article XI, Section 9, Constitution of Tennessee.
       	    	 SECTION 5.  BE IT FURTHER ORDAINED, that the Clerk of
       the City Council shall certify the passage of this Ordinance to
       the Hamilton County Election Commission and request that the
       proposed amendment to the home rule Charter of the City of
       Chattanooga, be placed on the ballot to be used in the next
       general state election.
       	    	 SECTION 6.  BE IT FURTHER ORDAINED, that the City
       Finance Officer is authorized and directed to pay the pro rata
       cost of this special City election.
       	    	 SECTION 7.  BE IT FURTHER ORDAINED, that the Hamilton
       County Election Commission shall certify to the Clerk of the City 

       Council of the City of Chattanooga, Tennessee, the result of said 

       election, and the Clerk of the City Council shall cause said
       certification to be made a part of the minutes of the City
       Council.
       	    	 SECTION 8.  BE IT FURTHER ORDAINED, that Section 1 of
       this Ordinance shall take effect sixty (60) days after its
       approval by a majority of the qualified voters of the City voting 

       thereon, as provided by Article XI, Section 9, Constitution of
       Tennessee, the public welfare requiring it.
       	    	 SECTION 9.  BE IT FURTHER ORDAINED, that this Ordinance
       shall take effect, except for Section 1, two weeks from and after 

       its passage as provided by law.
      
       PASSED on Third and Final
       Reading May 19, 1992.	     _/s/_________________________________
       	    	      	   	     	          CHAIRPERSON
      
       	    	      	   	     APPROVED:_______ DISAPPROVED:_______
      
       	    	      	   	     DATE:__________________ _____, 1992.
      
      
       	    	      	   	     ____________________________________
       	    	      	   	     	             MAYOR
       RLN:cjc