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~. aai/-a5'9 <br />r / ~ ~ f <br />~~ <br />ORANGE COUNTY BOARD OF COMMISSIONERS <br />RESOLUTION ACKNOWLEDGING THE RESULTS FROM THE 2010 CENSUS <br />INDICATING ORANGE COUNTY REMAINS IN LAWFUL COMPLIANCE WITH <br />APPLICABLE REQUIREMENTS FOR BOARD OF COUNTY COMMISSIONERS' <br />NOMINATING DISTRICTS <br />WHEREAS, in 2005 and 2006 following a petition by Orange County residents to change the manner <br />of nominating Orange County Commissioners, Orange County began the process of creating nominating <br />districts for Orange County Commissioner elections; and <br />WHEREAS, in 2008 the first election was held in which the nominating districts were utilized; and <br />WHEREAS, North Carolina General Statute 153A-22 states in pertinent part that in a county where <br />commissioners are nominated or elected by district, the Board of Commissioners "may find as a fact <br />whether there is substantial inequality"; and <br />WHEREAS, State and Federal law require redistricting after each census when there is a finding of <br />such substantial inequality; and <br />WHEREAS, subsequent to the 2010 census Orange County staff examined the results of the census for <br />Orange County in its entirety and also for both nominating districts; and <br />WHEREAS, case law has established that where there is a ten percent (10%) discrepancy between the <br />smallest (by population) and largest districts that there then as a matter of law exists substantial <br />inequality and there must be a redistricting; and <br />WHEREAS, Orange County staff has determined the discrepancy between and among the <br />commissioner nominating districts of Orange County is within the ten percent (10%) legal threshold and <br />that as a matter of law there is no substantial inequality; <br />NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of County Commissioners, <br />pursuant to North Carolina General Statute 153A-22, finds as a fact that there is no substantial inequality <br />between or among the commissioner nominating districts of Orange County. <br />This the 7~' day of June, 2011. <br />Bernadette Pelissier, Chair <br />Orange County Board of Commissioners <br />Attest: <br />Donna Baker <br />Clerk to the Board of Commissioners <br />