BC 1991 10 21 - Laserfiche WebLink

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349 the concept of "one man-one vote" established by the United States Supreme Court in Reynolds vs. Sims, and creates a justiciable cause of action for violation of said reapportionment standard under the United States Supreme Court decision in Baker vs, Carr; and WHEREAS, an inquiry by the United States Department of Justice into the nature of said House redistricting legislation is required under the federal Voting Rights Act for preclearance purposes. NOW, THEREFORE, BE IT RESOLVED, that the Cabarrus County Board of Commissioners hereby formally requests the United States Department of Justice to make inquiry into the constitutionality of the 1991 North Carolina House of Representatives reapportionment legislation as it affects the State of North Carolina and for preclearance purposes under the Voting Rights Act of 1965 and 1982, and to reject and disapprove said legislation on the grounds of violating both the equal Protection Clause of the Fourteenth Amendment of the United States Constitution and the Voting rights Act. RESOLVED FURTHER, this Resolution shall be transmitted by the Cabarrus County Manager's office to the United States Department of Justice, the North Carolina House of Representatives Delegation of the 34th House District, the North Carolina Senate Delegation of the 22nd Senatorial District, and the Speaker of the North Carolina House of Representatives. ADOPTED this 21st day of October, 1991. ATTEST: /s/ Frankie F, Bonds Frankie F. Bonds Clerk to the Board CABARRUS COUNTY BOARD OF COMMISSIONERS By: /s/ Billy J. Simmons, Jr. Billy J. Simmons, Jr. Chairman Commissioner Carpenter reported that a request had been received from Mr. Everette Sloop, Treasurer of the Mt. Mitchell Volunteer Fire Department, to remove Mr. Eugene Propst and Mr. Roger Cline as Firemen's Relief Fund Trustees for that fire department and name Ms. Janice Quan and Mr. Earl Wise as Trustees. Board members asked for additional information prior to considering this request. UPON MOTION of Chairman Simmons, seconded by Commissioner Carpenter and unanimously carried, the Board moved to go into executive session to discuss personne~ and land acquisition and for consultation with counsel. The Board invited Mr. Paul Watson of HDR Engineering, Inc. and Mrs. Lois Smith, along with Mrs. SmithVs family and legal counsel, to join the Board in executive session. UPON MOTION of Chairman Simmons, seconded by Commissioner Barnhart and unanimously carried, the executive session was adjourned. UPON MOTION of Chairman Simmons, seconded by Commissioner Barnhart and unanimously carried, the Board authorized the transfer of 6.353± acres adjacent to the County School Bus Garage to the Cabarrus County Board of Education in exchange for 4.684± acres on the north side of Highway 49 across from Central Cabarrus High School. This exchange had been advertised and no objections were received during the ten-day notice period. There being no further business to come before the Board, Chairman Simmons recessed the meeting until 6:30 P.M. on Monday, October 28, 1991. Clerk to the Board