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ATTACHMENT D <br /> - J/ <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 is <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 7th day of June, 2011. <br /> Bernadette Pelissier, Chair <br /> Orange County Board of Commissioners <br /> Attest: <br /> ab_ <br /> Donna Baker <br /> Clerk to the Board of Commissioners <br />