REFERENDUM ? 12/8/1995 City of Virginia Beach
* ;
LESLIE L LILLEY
CITer ATTORNEY
MUNICIPAL CENTER
VIRGINIA BEACH VIRGINIA 23456-9004
(804) 427-4531
FAX (804) 426-5687
TDD (804) 427-4305
December 8, 1995
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re: Advisory Referendum Question
Dear Mayor and Members of Council:
I have attached, for your review, a copy of the Order entered by Judge Jerome B.
Friedman on December 7, 1995, ordering that an election be held on the advisory referendum
question approved by the Council at its meeting on November 28, 1995.
If you have any questions regarding the Order, please give me a call.
Very truly yours,
Leslie L. Lille~~
City Attorney
LLL/rcj
CC:
James K. Spore, City Manager
Ruth Hodges Smith, CMC/AAE, City Clerk
IN TH~ CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH
IN THE MA'ITER OF:
AN ADVISORY REFERENDUM :
ON THE QUESTION OF WHETHER :
THE COUNCIZ, ~ER ELECTED :
FROM EACH RESIDENCE DISTRICT :
SHALL BE ELECTED BY THE :
QUALIFIED VOTERS OF THAT :
DISTRICT RATHER THAN AT LARGE :
ORDER
There having been presented to the Court a certified copy of a resolution
adopted by the City Council of the City of Virginia Beach, Virginia, on the 28th day of :
November 1995, requesting the Court to order an advisory referendum, pursuant to Chapter
697 of the Virginia Acts of Assembly of 1995 and Sections 24.2-682 and 24.2-684 of the
Code of Virginia (1950), as amended, on the question of whether the council member
elected from each residence district shall be elected by the qualified voters of that district
rather than at large; and it appearing that such resolution has been duly adopted, and that
the request of Petitioner is in proper order;
NOW, THEREFORE, it is hereby ADJUDGED and ORDERED as follows:
1. Such resolution is hereby filed.
2. The election shall be held on Tuesday, the seventh day of May, 1996,
that being a day not less than sixty (60) days from the date hereof, not within sixty (60)
days prior to a general or primary election, and not the same day as a primary election, on
,which date the regular election officers shah open a poll and take the sense of the qualified
voters of the City of Virginia Beach on the question of whether the council member elected
from each residence district shall be elected by the qualified voters of that district rather
than at large.
3. The ballot to be used at the election shall pose the question
substantially in the following form:
Should the city councilmember elected to
represent a particular borough be elected by ail
qualified voters throughout the City (an at-large
system) rather than only by the qualified voters
residing in that particular borough (a ward
system)?
If you wish to vote for all 11 council seats, vote
YES! If you prefer to vote for only 5 of the 11
council seats, vote NO!
4. The election shall be conducted, the ballots counted and the returns
made and canvassed in the manner provided by law for other elections, and the results
thereof shall be certified to the State Board of Elections, the Court and the City Council.
5. A copy of this Order shall serve as the writ of election. The Sheriff
of the City of Virginia Beach shall forthwith serve a certified copy of this Order upon L.
A, G, Parrish, Secretary of the Electoral Board of the City of Virginia Beach, who shah
thereupon forthwith cause to be posted certified copies of this Order at each voting place
and at three (3) other public places in the City. The Sheriff and the Secretary shall make
their respective returns to the Court that they have executed the same.
6. The Clerk of the Court shall forthwith send ~. certified copy of this
Order to the State Board of Elections.
Entered this
dayof }.~c, ,1995.
Judge
I ask for this:
~sli~ L. Lille~ ""~~
City Attorney
Certified to be a TRUE COPY
of record in-m~ custody.
J. Curti~ Fmitj'Clerk
~ V,~n~a ~, V~ja~_ ~,
BY: ./V..)C.t4oL4 ~,~,] ( ~/, (//r~[a..,~ /