HomeMy WebLinkAbout211-Final Judgment - Districting Lawsuit, Delattibeaudiere et al
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Stenstrom, l'vlclntosh. Julian. Colbert & Whigham. r A..
Attorneys and Counsellors at Law .
Douglas Stenstrom Kenneth W McIntosh Ned N. Julian. Jr.
William L. Colbert frank C. WhighamClaytQn D. Simmons
Thomas 1:. Whigham . Kobert K.McIntosh
Suite 22 I'lagship Bank
fost Office Box 1330 Sanford.I'lorida 32772-1330 (305)322-2171
April 23, 1984
l1r. Warren E. Knowles
City Manager
City of Sanford - City Hall
300 North Park Avenue
Sanford, FL 32771
RE: Alfred G. Delattibeaudiere et al, etc.
againt City of Sanford, Florida et al, etc.
Dear Mr. Knowles:
Herewith, please find a copy of the Final Judgment entered by
the Honorable Elizabeth Kovachevich, u. S. District Judge, in the
captioned matter, for the records of the City.
I would appreciate it very much if you would distribute copies
to the Mayor and the City Commissioners and such others as you deem
appropriate.
Please know that I very much appreciate the opportunity of
assisting Mr. Colbert with respect to the action.
Sincerely yours,
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JULIAN,
NNJjr/flh
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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT fi ~ fro
ORLANDO DIVISION .qfr.',
a;.
!O l;7 Ml tB~
ALFRED G. DELATTIBEAUDIERE.
E. N. SMITH. SAMUEL WRIGHT. JR..
R. FLETCHER MC GANN and HANNAH
PINKNEY. on behalf of themselves and
all others similarly situated.
. . ; . ;'')T
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CIVIL ACTION NO.
83-739-CIV-ORL-17
vs.
CITY OF SANFORD. FLORIDA: LEE P.
MOORE. Mayor: DAVID T. FARR.
EDWIN O. KEITH. MILTON SMITH and
NED YANCY: Commissioners of the
City of Sanford. Florida. their
successors and agents. all in
their official capacities.
FiLED
\N OP[N COURT
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Defendants.
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FINAL JUDGMENT
On September 19. 1983. the above named Plaintiffs filed
their Complaint against the above named Defendants alleging
that at-large city-wide voting for members of the City of
Sanford Commission excludes black representation and
participation and minimizes and cancels out black voting
strength in viOlation of their rights secured by the Voting
Rights Act of 1965~_as amended. Pub..L. No. 97-205. 53. 96
Stat. 134 (1982). amending 42 U.S.C. 51973. et seQ. (hereafter
"Voting Rights Act").
The Court. hav1
reviewed the status of this action. and
being aided by the recommendations of the Plaintiffs' and
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Defendants' counsel. and being of the opinion that the best
interest of all the parties and all the ci~izens of Sanford.
Florida. wou~d be served by approving the Final Judgment. and
the Court having reviewed the Final Judgment tendered by
Plaintiffs' and Defendants' counsel. finds tha~ said Judgment
was entered intQ-voluntarily by the parties. and that it should
be approved.
IT IS THEREFORE. ADJUDGED AND DECREED AS FOLLOWS:
1. This decree extends to all issues set forth in the
Complaint in this matter and to the class of Plaintiffs defined
as all black residents of the City of Sanford. Florida.
2. This Court has jurisdiction over the subject matter of
this action and the parties thereto.
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3. All Plaintiffs allege that due to a serie~ of factors
including a history of official racial discrimination within
the City of Sanford and the State of Florida and racially
polarized voting in elections within the City of Sanford. the
at-large election system of the City of Sanford City commission
has had the effect of denying the bla~k citizens of the City of
Sanford an equal-opportunity to participate in the political
process and elect candidates of their own choice in violation
of Plaintiffs' rights under the Voting Rights Act.
While Defendants do not admit the allegation. it has chosen
not to contest same believing settlement to be in the best
interest of all parties.
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4. Defendants are enjoined from providing municipal
at-large elections in a manner which violates the Voting Rights
Act.
5. The attacbed "Election Plan". Appendices 1 through 6.
sets forth the mechanism and plan for the City of Sanford.
Florida. to con9~ct municipal elections for the members of the
City Commission in accordance with the Voting Rights Act.
Therefore. the Court finds that the "Election Plan" as
submitted is a proper remedy in this action. and is adopted and
incorporated by reference into this Final Judgment as
attached.
6. In conformance with one-person one-vote requirements.
district boundaries may need to be altered in the future
depending upon the City.s growth. to insure constitutionally
equal population among the districts. The first adjustment. if
required. may be made in 1985 after mid decennial census data
is made available and thereafter every 5 years following the
1990 census.
Should such adjustments need to be made. the following
substantive and procedure format shall apply:
a. Substantive Standards:
Any-alteration of the boundaries shall insure
that the changes do not lead to a "retrogression in the
position of minorities with respect to their effective
exercise of the electoral process" Beer vo_ United States.
425 U.S. 130. 141 {1976} or be inconsistent and/or in
violation of Section 2 of the Voting Rights Act.
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b. Procedure:
1. Parties shall attempt to ~onfer and reach an
agreement as to any alterations determined by either
Plaintiffs or pefendants to be necessary as a result of the
1985 review. All modifications of the boundaries shall
then be fil~ with the Clerk of the Court.
2. Should parties not be able to reach an
agreement. respective submissions of the parties should be
filed with the Court. The Court shall then consider the
submissions. hold hearings if necessary and resolve the
parties differences. Fees and expenses may be awarded to
Plaintiffs' counsel under the appropriate standards
pursuant to the Voting Rights Act of 1965 and Civil Rights
Attorney's Fees Awards Act of 1976 for these activities.
7. That all provisions of the Charters of the City of
,
Sanford. Florida: the Code of the City of Sanford~' Florida: and
all Ordinances which are inconsistent or in conflict herewith.
be and the same shall be construed and applied in a manner
consistent with this Final Judgment.
8. As the prevailing party in this action. Plaintiffs are
entitled. pursuant to the Voting Rights Act of 1965. as amended
and the civil Rights Attorney Fees Awards Act of 1976. 42
U.S.C. 51988. to an award of attorney fees and litigation
Plaintiffs shall file with the Court appropriate
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expense reimbursement.
fee/expense submissions and accompanying memoranda as to this
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issue. The Court shall then enter an appropriate Order
granting plaintiffs' attorney fees and litigation expenses.
9. Tha~ upon entry o~ the qrder on Plaintiffs' fee award.
this Court shall continue jurisdiction of this case through
1985 so that parties may address the need for any boundary
changes pursuant-to ~6. After that event. parties shall file a
Joint Motion to complete active litigation on this matter.
ORDERED AND ADJUDGED this /'l4ay of #tf/L
1984.
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JAPP;ROVED-AND ACCEPrl BY:
: l1}~Vti~\~~
DAVID M. LIPMAN 1\
TREENA KAYE
ATTORNEYS FOR PLAIN~IFFS
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. JR.
. COLBERT
S FOR DEFE
Copies furnished to:
Attorneys for Plaintiffs
David M. Lipman
Treena Kaye
Attorneys for Defendants
William C. Colbert
Ned Julian. Jr.
0002D
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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT
ORLANDO DIVISION
ALFRED G. DELATTIBEAUDIERE.
E. N. SMITH. SAMUEL WRIGHT. JR..
R. FLETCHER MC GANN and HANNAH
PINKNEY. on behalf of themselves
all others similarlY situated.
and
vs.
CIVIL ACTION NO.
83_739-CIV-ORL-17
CITY OF SANFORD. FLORIDA: LEE P.
MOORE. Mayor: DAVID T. FARR.
EDWIN O. KEITH. MILTON SMITH and
NED YANCY: commissioners of the
City of Sanford. Florida. their
successors and agents. all in
their official capacities.
Defendants.
I
APPENDIX
Table of contents
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1. MAP OF ELECTION DISTRICTS
2. DEMOGRAPHIC DATA REFLECTING POPULATION AND
VOTER REGISTRATION BY DISTRICT
3. DESCRIPTION OF DISTRICT BOUNDARIES
4. ADDITIONAL ELECTION CHANGES: -
(1) MAJORITY VOTE REQUIREMENT
(2) POLLING PLACES
(3) RESIDENCY REQUIREMENT
5. SCHEDULE FOR NEW ELECTIONS
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APPENDIX 1
MAP OF REDISTRICTING PLAN ATTACHED
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[MAP ATTACHED TO APPENDICES]
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APPENDIX 2
DEMOGRAPHIC DATA REFLECTING POPULATION
AND VOTER REGISTRATION BY DISTRICT
populat:.ion . Reqistered,Voters
.
Dis-
trict Total White Black Total White Black
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I. 5.799 2.911 2.888 2.020 1.120 900
II. 5.796 1.954 3.842 1.943 742 1.201
III. 5.792 4.608 1.184 2.374 2.085 289
IV. 5.789 5.654 135 3.064 3.006 59
TOTAL: 23.176 15.131 8.045 9.402 6.953 2.449
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APPENDIX 3
DESCRIPTION OF DISTRICT BOUNDARIES
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APPENDIX 3
Description of Election Districts N:>s. 1 - 4
A. District I
(h the South: 'From that point where the Seaboard CDast tine
Railway intersects with Jewett Road, proceeding northeast along the
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Seaboard Coast llne Railway to the intersection of Jerry Avenue and the
Seaboard CDast llne Railway t proceeding south along Jerry Avenue to the
intersection of McCracken Road and Jerry Avenue t proceeding northeast
and then east along McCracken Road to the intersection of Persinm::m
Avenue and McCracken Road t proceeding nJrth along persi.mn::m Avenue to the
intersection of West 8th Street and Persinnon Avenue, proceeding southeast
and then east along West 8th Street to the intersection of Mulberry Avern.Je
and West 8th Street, proceeding north along Mulberry to the intersection
of West 7th Street and Mulberry AveIllle" proceeding east along West 7th
Street to the intersection of Pecan Avern.Je and West 7th Stree~, proceeding
south along Pecan Avenue to the intersectior: of West 8th Street and Pecan
Avern.Je, proceeding east along West 8th Street to the intersection of West
8th Street and West 9th Street t proceeding southeast and then east along
West 9tlt Street to the intersection of Elm Street and West 9th Street, pro-
ceeding south along Elm Street to the intersection of 13th Street and Elm
Street, proceeding east along 13th Street to the intersection of Sanford Ave.
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and 13th Street, proceeding north along Sanford Avern.Je to the intersection
of Celery Avenue and Sanford Avern.Je t proceeding east along Celery Avern.Je to
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the intersection of Melonville AVernJe and Celery Avenue [ inclusive of the
northern side of Celery AVemle, inclusive of the western side of Sanford
Avenue, inclusive of the northern side of 13th Street, inclusive of the
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eastern side of Elm Street, ,inclusive of the northern...side of West 9th
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Street, inclusive of the westem side of Pecan AvernJe, inclusive of the
mrthern side of West 7th Street, inclusive of the westem side of Mul-
berry Street, inclusive of the northern side of l-lest 8th Street, inclu-
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sive of the western side. of Persinmm Avenue, inclusive of the northern
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side of M:Cracken Road, and inclusive of the Seaboard Coast Line Rail'tvay].
On the East: ...t"rom the intersection of Celery Avenue and Hellon-
vi.lle Avenue, proceeding north along Mellonvi.lle AVerDJe to the intersection
of East 4th Street and Mellonvi.lle Avenue, proceeding east along 4th Street
to the intersection of Elliott Avenue and 4th Street, proceeding north
along Elliott AVerDJe to the intersection of the shore of L:lke Monroe and
Elliott Avenue [inclusive of the western side of Elliott Avenue, inclusive
of the northem side of East 4th Street, inclusive of the western side of
~llonville Avenue] .
On the N:>rth: From the intersection of Elliott Avenue and the shore
of lake M::mroe, proceeding west along Seminole Boulevard t? that point where
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Seminole Boulevard intersects with the westem city limit li.ne [inclusive
of Seminole Boulevard].
(b the West: From the intersection between Seminole Boulevard and
the western city limit line, proceeding south along the western city limit
lines to the intersection of Jewett Road and the Seaboard Coast Line Rail-
way [ inclusive of the western city limi.t lines].
B. District II
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(b the South:
From the intersection of Lake Mary Road and '-lest 25th Street/
Ccnmty Road 4i proceeding east along West 25th Street/Cotmty Road 46-A to
the intersect: .1 of u.S. Route l7-92/French Avem1e and West 25th Street/
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County Road 46-A [inclusive of ~he northem side of West 25th Street/
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County Road 46-A].
(b the East: Fr~ the intersection of West 25th Street/County
Road 46-A and U.S. Route 17-92/French Averroe, proceeding north along I
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U.S. Route l7-92/French..Avent.te" to the intersection of West 13th Street
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and U.S. Route 17-92/French Aver:nJfi" proceeding east along West 13th
Street to the intersection of Elm Aver:rue and West, 13th Street, proceeding
nort11 along Elm AvernJl2i. to the intersection of West 9th Street and ,Elm
Aveme [inclusive of the west side of U.S. Route l7-92/French Avenue,
inclusive of the north side of West 13th Street, inclusive of the west
side of Elm Averroe] .
(b the fbrth: From the intersection of }VestQth Street and Elm
AVernJe, proceeding west and then northvest along West 9th Street to the
intersection of West 8th Street and West 9th Street, procee~g 'tvest
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along West 8th Street to the intersection of West 8th Street and Pecan
AVernJe, proceeding north along Pecan Averroe to the intersection of' Pecan
AVernJe and West 7th Street, proceeding 'tvest along West 7th Street to the
intersecticn of Mulberry Avenue and West 7th Street, proceeding south
along Mulberry Avenue to the intersection of West 8th Street and Mulberry
AverD.Je, proceeding west and then northwest along West 8th Street to the
intersection of Persinm::m--Avenue and West 8th Street, proceeding south
along Persimn:m Avenue to the intersection of McCracken Road and Persi.nm:m
AVernJe, proceeding west and then southw'est along McCracken Road to the
intersection of Jerry Ave.rrue and McCracken Road, proceeding north on Jerry
AVernJe to the intersection of the Seaboard Coast Line Railway and Jerry
Avenue, proceeding west along the Seaboard Coast Line Railway to the inter-
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section of the westem city limit line and the Seaboard Coast Line
Railway at Jewett Road [inclusive of the southern side ?f West 9th Street,
inclusive of the western side of Pecan Avenue, inclusive of the southern
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side of West 7th Street, ".inclusive of the eastern side of Mulberry Avenue,
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inclusive of the southern side of West 8th Street, inclusive of the eastem
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side of Persimron AveJ).'We , inclusive of the southern side of McCracken Road,
inclusive of the westem side of Jerry Avenue, exclusive of the .Seaboard
Coast Line Railway].
On the West: From the intersection of the western city limit.
line and the Seaboard Coast Line Railway at Jetvett Road, proceeding south
along the western city limit lines to the intersection of the western city
limit line at lake M:rry Road and West 25th Street [inclusive of the western
city limit lines].
C. District III
On the South: Frexn the intersection of West 25th Street and U. S.
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Route l7-92/French Avenue, proceeding east along West 25th Street/Geneva
Averrue/State Road 46 to the intersection of the eastern city limit
line and State Road 46 [inclusive of the northern side of l.Jest 25th
Street/Geneva Avenue/State Road 46].
01 the East: From the intersection of State Road 46 and the eastem
city limit line, proceeding north along the east~m city limit lines' to
the intersection of the- shore of L:1ke M:mroe and the eastern city limit
line .[inclusive of the eastern city limit lines].
On the furth: From the intersection of the shore of L:1ke MJnroe
and the eastern city limit line, proceeding west along the southern side'
of the shore of I.ake M:mroe to the intersection of Elliott Avenue and the
shore of Lake l-bnroe [exclusive of L:1ke M:mroe].
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On the West: From the intersection of the shore of Lake Monroe
and Elliott AVernJe, proceeding south c,11ong Elliott Avenue to the inter-
section of East 4~ Street and E11~ott Avenue, proceeding west along East
4th So:eet to the inters~tion of Me11onvi11e AVer:nJe and East 4th Street,
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proceeding south along Me11onvil1e Avenue to the intersection of Celery
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Averroe and Me11onvi11~venue, proceeding west along. Celery Avenue to the
intersection of Celery Avenue and Sanford Avenue, proceeding south along
Sanford Ave:nue to the intersection of East 13th Street and Sanford Ave:nue,
proceeding west along East 13th Street !West 13tli Street to the intersection
of U.S. Route 17-92/French Avenue [inclusive of the eastern side of Elliott
Averroe, inclusive of the southern side of East 4th Street, inclusive of
the eastem side of Mel1onvil1e Avenue, inclusive of the southem side
of Celery Avenue, inclusive of the eastem side of Sanford Avenue, inclu-
sive of the southern side of 13th Street].
On the West: From the intersection of East 13th Street and U.S.
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Route 17-92/French Avenue, proceeding south along U.S. Route 17-92/French
AVernJe to the intersection of West 25th Street- and U.S. Route 17-92/French
Avenue [inclusive of the eastern side of U.S. Route 17-92/French Avenue].
D. District IV*
On the South: From the intersection of Broadnnre Road and that
point where the southwestem city limit line ~ 900 and nms due north,
proceeding east along;:be. southem city limit lines to that point where
the South Patrol Road intersects with the southem city limit lines [inc1u-
sive of all city limit lines].
*A11 references include total area within city limits.
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On the East: From the intersection of the South Patrol Road and
the southem city limit line, proceeding north along the eastem city
limit lines to the intersection of State Road 46 [inclusive of all
city limit lines].
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<Xl the lbrth:
From that point (east of Sipes Avenue) where the
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ea.stem city limit li!1e intersects with State Road 46 at 900 angle and
runs due west, proceeding west along State Road 46/Geneva Avenue/West
25th Street to the intersection of the city limit line at Lake M:li.-y Road
and West 25th Street, proceed.i.rig west along the city limit lines to that
point (in the eastem Twin Lake) where the city limit line turns 900 and
runs due south [inclusive of. the southem side of SR 46/Geneva Avenue/
West 25th Street, inclusive of County Road 46-A, inclusive of all city limit
lines] .
<Xl the West: From that point (in the eastem Twin Lake) where
the city limit line turns 900 and runs due south, procee~g south along
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the southwestem city limit lines to the intersection of Broadnore Road
and the southwestem city limit line [inclusive of all city limit lines].
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APPENDIX 4
DESCRIPTION OF ELECTION PLAN
1. MAJORITY VOTE REQUIREMENT
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A Commission candidate must obtain a majority of those
votes cast in orger to be deemed the winner of that district
election. .
In the event that no candidate .obtains a majority. those
two candidates who obtain the two highest number of votes shall
run in a second run-off election and the candidate obtaining
the most votes in the run-off election shall be deemed the
winner.
2. POLLING PLACES
The following polling places shall be utilized in each of
the four single districts:
Location
1. District 1:
Sanford civic Center
2. District 2:
City of Sanford Westside
Recreation Center
North persimmon' Avenue
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3. District 3:
-Church of Jesus Christ of
Latter Day Saints
2315 South Park Avenue
4. District 4:
City of Sanford Fire
Station No. 2
U.S. Highway 17-92
3. RESIDENCY REQUIREMENT
Each commission candidate must be a resident in the
particular district in which the candidate runs for Commission
office.
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APPENDIX 5
SCHEDULE FOR NEW ELECTIONS
The following schedule-shall be adhered to for future
Commission elections: .
..... Date of
District Election
1._ District 1 (yellow) 1984
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2. District 2 (red) 1984
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3. District 3 (orange) 1986
4. District 4 (green) 1986
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4 ~INGLE MEMBER DISTRICTS
AS PROPOSED BY PLAINTIFFS
OR SANFORD.
12/6/83
CITY TOTAL BLACK 7- WHITE 7-
1Ul'AL POPlJIATION 23,176 8045 35 15,131 65
VOTIN:; AGE POPUL. 16,327 5668 10,659
REGISIERED VOTERS 9,402 2449 26 6,953 74
DISTRICT #1 TOTAL BLACK 7- WHITE 7-
'!UrAL POPUlATION 5,799 2888 49 2,911 51
VOTIN; AGE POPUL. 4,088 2036 2,052
REGISTERED VarERS 2,020 900 44 1,120 56
DISTRICT #2 TOTAL BLACK 7- WHITE 7-
1UfAL POPUlATION 5,796 3842 66 1,954 44
varn'l; AGE POPUL. 4,086 2709 1,377
REGISTERED VOTERS 1,943 1201 62 742 38
DISTRICT 1f3 TOTAL BLACK 7- WHITE 7-
'IDTAL POPUlATION 5,792 1184 20 4,608 80
VarIN:; AGE POPUL. 4,083 835 3,248
REGISTERED VOTERS 2,374 289 12 2,085 88
DISTRICT 04 TOTAL BLACK. 7- WHITE 7-
'.IU:rAL POPUlATION 5,789 135 2 5,654 98
VCYl'ING AGE POPUL. 4,081 95 3,986
REGISTERED VCJfERS 3,064 59 2 3,006 98
- .....