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Ordinance No. 12-59-1 vORDINANCE NO. AN ORDINANCE CALLING A SPECIAL REFERENDUM ELECTION FOR THE ADOPTION OR REJECTION OF CHAPTER 59-1053, LAWS OF FLORIDA,SPECIAL ACTS OF 1959, BY: (a) AS TO THE TERRITORIAL AREA DESCRIBED IN SUB- SECTION (1) OF SECTION 1 OF SAID ACT, AND THERE DESIGNATED "FIRST TERRITORIAL AREA", BY THE QUALIFIED ELECTORS RESIDING AND BEING FREE HOLDERS IN SAID "FIRST TERRITORIAL AREA", AND THE QUALIFIED ELECTORS RESIDING AND BEING FREE HOLDERS IN THE CITY OF ATLANTIC BEACH, FLORIDA: AND (b) AS TO THE TERRITORIAL AREA DESCRIBED IN SUB- SECTION 2 OF SECTION 1 OF SAID ACT AND THERE DESIGNATED "SECOND TERRITORIAL AREA", BY THE QUALIFIED ELECTORS RESIDING AND BEING FREE HOLDERS IN SAID "SECOND TERRITORIAL AREA" AND THE QUALIFIED ELECTORS RESIDING AND BEING FREE HOLDERS IN SAID CITY OF ATLANTIC BEACH, FLORIDA; SAID ACT BEING AN ACT ENTITLED: "AN ACT TO ENLARGE THE TERRITORIAL BOUNDARIES OF THE CITY OF ATLANTIC BEACH AS DESCRIBED IN SECTION 2 OF CHAPTER 57-1126, LAWS OF FLORIDA, SPECIAL ACTS OF 1957, THE SAME BEING AN ACT ENTITLED AN ACT TO INCORPORATE THE CITY OF ATLANTIC BEACH, FLORIDA, IN DUVAL COUNTY, AND TO PROVIDE FOR ITS GOVERNMENT AND PRESCRIBE ITS JURISDICTION, POWERS, PRIVILEGES AND IMMUNITIES, AND TO ABOLISH THE PRESENT MUNICIPALITY OF THE TOWN OF ATLANTIC BEACH, AND PROVIDING FOR A REFERENDUM, BY INCLUDING PART OF SECTION 9, TOWN- SHIP 2 SOUTH, RANGE 29 EAST, LYING EAST OF SEMINOLE BEACH ROAD, AND BY INCLUDING PARTS OF SECTION 5, 6, 7 AND 8, TOWNSHIP 2 SOUTH, RANGE 29 EAST: AND TO PROVIDE FOR A THREE PART REFERENDUM ELECTION FOR THE ADOPTION OR REJECTION OF ALL OR PART OF THIS ACT; AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA: Section 1. A Special Referendum Election is hereby called to be held at the City Hall of the City of Atlantic Beach, Florida on the 14th day of September, 1959 for the adoption or rejection of Chapter 59-1053 Laws of Florida, Special Acts of 1959 by: (a) As to the territorial area described in Sub -Section 1 of Section 1 of said Act and designated "First Territorial Area" by the qualified electors residing and being free holders in said is First Territorial Area and the qualified electors residing and being free holders in the City of Atlantic Beach, Florida; (b) As to the territorial area described in Sub -Section 2 of Section 1 of said Act and designated "Second Territorial Area 11, by the qualified electors residing and being free holders in said 11SecondTerritorial Area" and the qualified electors residing and being free holders in said City of Atlantic Beach, Florida; Section 2. The City Clerk is hereby authorized and directed to give notice of said election and of the registration of qualified voters by publication thereof once each week for four consecutive weeks, four publications being sufficient, commencing not later than thirty days prior to said election in Uv-L� ak vv�� a newspaper published in the City of �� 4, and having general circulation throughout the City of Atlantic Beach and the territorial areas described in said Act, which said notice shall be in substantially the following form: NOTICE OF SPECIAL REFERENDUM ELECTION IN THE CITY OF ATLANTIC BEACH, FLORIDA ON SEPTEMBER 147H, 1959 ON THE QUESTION OF THE ADOPTION OR REJECTION OF CHAPTER 59-1053, LAWS OF FLORIDA, SPECIAL ACTS OF 1959, BEING AN ACT ENTITLED: of AN ACT TO ENLARGE THE TERRITORIAL BOUNDARIES OF THE CITY OF ATLANTIC BEACH AS DESCRIBED IN SECTION 2 OF CHAPTER 57-1126, LAWS OF FLORIDA, SPECIAL ACTS OF 1957, THE SAME BEING AN ACT ENTITLED SAN ACT TO INCORPORATE THE CITY OF ATLANTIC BEACH, FLORIDA, IN DUVAL COUNTY, AND TO PROVIDE FOR ITS GOVERNMENT AND PRESCRIBE ITS JURISDICTION, POWERS, PRIVILEGES AND IMMUNITIES, AND TO ABOLISH THE PRESENT MUNICIPALITY OF THE TOWN OF ATLANTIC BEACH, AND PROVIDING FOR A REFERENDUM, BY INCLUDING PART OF SECTION 9, TOWNSHIP 2 SOUTH, RANGE 29 EAST, LYING EAST OF SEMINOLE BEACH ROAD, AND BY INCLUDING PARTS OF SECTION 5, 6, 7 AND 8 TOWIISHIP 2 SOUTH, RANGE 29 EAST: AND TO PROVIDE FOR A TEIRFE PERT REFERENDUM ELECTION FOR THE ADOPTION OR REJECTION OF ALL OR PART OF THIS ACT; AND PROVIDING AN EFFECTIVE DATE. Notice is hereby given that a Special Referendum Election will be held on September 14th, 1959 at the City Hall of the City of Atlantic Beach, Florida from 7:00 o'clock in the forenoon until 7:00 o'clock in the afternoon for the adoption or rejection of Chapter 59-1053, Laws of Florida, Special Acts of 1959 (a) As to the territorial area described in Section 1 of said Act and designated "First Territorial Area", viz: Beginn*ng'_at a point on the beach of the Atlantic Ocean where the Northerly boundary line of Section 9, Township 2 South, Range 29 East if prolonged Easterly would intersect with low water mark of said Atlantic Ocean; running thence Southerly along said low water mark of the Atlantic Ocean to the North territorial boundary line of the City of Atlantic Beach as described in Section 2 of said Chapter 57-1126; running thence Westerly along said North territorial boundary line of the City of Atlantic Beach to the Westerly right- of-way line of Seminole Beach Road (County Road No. 608); running thence Northerly along the Westerly right-of-way line of said Seminole Beach Road to the North boundary line of said Section 9; running thence Easterly along the Northerly boundary line of said Section 9 to point or place of beginning; by the qualified electors residing and being free holders in said described territorial area and the qualified electors residing and being free holders in 00 said City of Atlantic Beach, (b) As to the territorial area described in Sub -Section 2 of Section 1 of said Act and designated "Second Territorial Area", viz: Beginning at a point in the Section line common to Sections 8 and 17, Township 2 South, Range 29 East, where the Westerly boundary line of the East one half of Government Lot 15, of said Section 8 intersects; running thence Northerly along the Westerly boundary line of the East one half of said Government Lot 15 to the Northwest corner of said East one half of Government Lot 15; running thence Westerly along the Northerly boundary line of said Govern- ment Lot 15 to the Easterly right-of-way line of Mayport Road (State Road A -1-A); running thence Northerly along the Easterly right-of-way line of said Mayport Road to the Northerly boundary line of Fractional Section 5, in said Township and Range; running thence Westerly along the Northerly boundary lines of Fractional Section • 5 and 6, in said Township and Range; to the Northwest corner of said Fractional Section 6; running thence Southerly along the U.S.Govern- ment meander line of the Pablo Creek salt marshes, - 3 - r being also the Easterly boundary lines of unsurveyed Sections 6 and 7, in said Town- ship and Range, to the Northwest corner of the territorial boundary of the City of Atlantic Beach as described in Section 2 of said Chapter 57-1126; running thence Easterly along the Northerly territorial boundary line of the City of Atlantic Beach, being also along the section lines common to Sections 7 and 18 and Sections 8 and 17, to the point or place of beginning; by the qualified electors residing and being free holders in said described territorial area and the qualified electors residing and being free holders in said City of Atlantic Beach, Florida, A certified copy of said Special Act is now on file for public inspection at the City Hall of said City. All qualified electors of the State of Florida residing and being free holders in said respective territorial areas and who shall register at the City Hall of said City as provided in said Act, shall be entitled to vote at said election; and all qualified electors of said State re- siding and being free holders in said City and who are now registered and those who shall register shall be entitled to vote at said election. The registration books will be open for the registration of electors during the hours of 9.00 o'clock AM to 5000 o'clock PM of each day except Saturday and Sunday and Holidays for the period from the 15th day of July 1959 to September 8th, 1959 both inclusive. Section 3. A certified copy of said Chapter 59-1053 Laws of Florida, Special Acts of 1959 shall be available for public inspec- tion on all days except Saturday and Sunday and Holidays at said City Hall during the hours of 9.00 o'clock AM to 5.00 o'clock PM from the effective date of this Ordinance to and including said 14th day of September 1959. Section 4. Said election shall be held in accordance with the provisions and requirements of Section 2 of said Act and shall be held in three parts, each using a special ballot box and each using a ballot of a different color, as follows: (1) For the ballot of qualified electors residing in said First Territorial Area the question of FOR or AGAINST the adoption of said Act as to said First Territorial Area only. Said Ballot shall be in substantially the following form. - 4 - BALLOT SPECIAL REFERENDUM ELECTION SEPTEMBER 14, 1959 For the adoption or rejection of Chapter 59-1053 Laws of Florida, Special Acts of 1959, providing for enlarging the territorial boundaries of the City of Atlantic Beach, Florida by including therein the area described in Sub -Section 1 of Section 1 of said Act and there designated "First Territorial Area". INSTRUCTIONS TO VOTERS (2) For the ballot of qualified electors residing in said Second Territorial Area the question of FOR or AGAINST the adoption of said Act as to said Second Territorial Area only. Said ballot shall be in substantially the following forme • - 5 - The voter desiring to vote in favor of adopting said Act shall put a cross mark (X) in the box before the words "FOR Adoption of Chapter 59-1053 Laws of Florida, Special Acts of 1959, as to the area therein desig- nated 'First Territorial Area", and the voter desiring to vote AGAINST Adoption of said Act shall put a cross mark (X) in the box before the words "AGAINST Adoption of Chapter 59-1053 Laws of Florida, Special Acts of 1959, as to the area therein designated First Territorial Area". If you wrongfully mark, tear or deface this ballot return it to the inspector of the election and obtain another. Z FOR Adoption of Chapter 59-1053,Laws of Florida, Special Acts of 1959, as to the area therein designated "First Territorial Area". AGAINST Adoption of Chapter 59-1053, Laws of Florida, Special Acts of 1959, as to the area therein designated "First Terri- torial Area". (2) For the ballot of qualified electors residing in said Second Territorial Area the question of FOR or AGAINST the adoption of said Act as to said Second Territorial Area only. Said ballot shall be in substantially the following forme • - 5 - BALLOT SPECIAL REFERENDUM ELECTION SEPTEMBER 14, 1959 For the adoption or rejection of Chapter 59-1053 Laws of Florida, Special Acts of 1959 providing for enlarging the territorial boundaries of the City of Atlantic Beach, Florida by including therein the area described in Sub -Section 2 of Section 1 of said Act and there designated 11SecondTerritorial Area". INSTRUCTIONS TO VOTERS The voter desiring to vote in favor of adopting said Act shall put a cross mark (X) in the box before the words "FOR adoption of Chapter 59-1053, Laws of Florida, Special Acts of 1959, as to the Area therein designated Second Territorial Area", and the voter desiring to vote AGAINST Adoption of said Act shall put a cross mark (X) in the box before the words "AGAINST adoption of Chapter 59-1053, Laws of Florida, Special Acts of 1959, as to the Area therein designated Second Territorial Area". If you wrongfully mark, tear or deface this ballot return it to the inspector of the election and obtain another. FOR Adoption of Chapter 59-1053,Laws of Florida, Special Acts of 1959, as to the area therein designated "Second Territorial Area". AGAINST Adoption of Chapter 59-1053, Laws of Florida, Special Acts of 1959, as to the area therein designated "Second Territorial Area". (3) For the ballot of qualified electors residing and being free holders in said City of Atlantic Beach, first the question of FOR or AGAINST the Adoption of said Act as to said "First Territorial Area, and second the question of FOR or AGAINST the Adoption of said Act as to said "Second Territorial Area". BALLOT SPECIAL REFERENDUM ELECTION SEPTEMBER 14, 1959 For the adoption or rejection of Chapter 59-1053, Laws of Florida, Special Acts of 1959 providing for enlarging the territorial boundaries of the - 6 - City of Atlantic Beach, therein either, or both, in Section 1 of said Act 40 ofFirstTerritorial Area" Area Florida by including the areas described and there designated and "Second Territorial INSTRUCTIONS TO VOTERS AGAINST Adoption of Chapter 59-1053, Laws of Florida, Special Acts of 1959, as to the area therein designated "First Territorial Area". FOR Adoption of Chapter 59-1053, Laws of Florida Special Acts of 1959, as tb the area thexe-in designated "Second Territorial Area". The voter desiring to vote in favor of adopting the said Act as to "First Territorial Area", shall put a cross mark (X) in the box before the words "FOR Adoption of Chapter 59-1053, Laws of Florida, Special Acts of 1959, as to the area therein designated "First Territorial Area", and the voter desiring to vote against the adoption of said Act as to said "First Territorial Area" shall put a cross mark (X) before the words °AGAINST adoption of Chapter 59-1053 Laws of Florida, Special Acts of 1959, as to the area therein designated "First Territorial Area". The voter desiring to vote in favor of adopting said Act as to said ItSecondTerritorial Area" shall put a cross mark (X) before the words "FOR Adoption of Chapter 59-1053, Laws of Florida, Special Acts of 1959, as to "Second Territorial Area" and the voter desiring to vote Against adopti. of said Act as to "Second Territorial Area" shall put a cross mark (X) in the box before the words °AGAINST Adoption of Chapter 59-1053, Laws of Florida, Special Acts of 1959, as to (Second Territorial Area". If you wrongfully mark, tear or deface this ballot return it to the inspector of the election and obtain another. Z FOR adoption of Chapter 59-1053, Laws of ___/ Florida, Special Acts of 1959, as to the area therein designated "First Territorial Area". AGAINST Adoption of Chapter 59-1053, Laws of Florida, Special Acts of 1959, as to the area therein designated "First Territorial Area". FOR Adoption of Chapter 59-1053, Laws of Florida Special Acts of 1959, as tb the area thexe-in designated "Second Territorial Area". Z__/ AGAINST Adoption of Chapter 59-1053 Laws of Florida, Special Acts of 1959, as to 00 the area therein designated "Second Territorial Area". Section 5. The City Clerk shall have prepared and furnished all necessary ballots and supplies and shall make all other necessary preparations for said election. All expenses of said election shall be paid out of the General Fund of the City Treasury.. Section 6. The City Commission, at least six days before the date of said election, shall appoint two inspectors and one clerk of election, to hold said election. If any inspector or the Clerk of Election so appointed shall fail to attend at the proper polling place at the time for opening the polls on the day of the election, the Inspector present shall fill the vacancy, or vacancies; and if all the Inspectors be absent then those persons present qualified to vote at said election shall fill the vacancies. The polls shall be opened at 7:00 o'clock in the forenoon and close at 7:00 o'clock in the afternoon and shall be located at the City Hall in said City of Atlantic Beach, Florida. The Inspectors and Clerk of Election shall make out and sign duplicate returns of said election for each of said three parts thereof and shall deliver one copy thereof to the Mayor Commissioner of said City and the other to the City Clerk, both of whom shall transmit such returns to the City Commission at its next meeting thereafter. Said returns shall show the total number of the qualified electors actually voting at each of said three parts of said election and the number of votes cast 'I FOR" and "AGAINST" the adoption of said election. The City Commission shall meet at the City Hall of said City at 8:00 o'clock PM on said September 14, 1959, or as soon thereafter as said returns of the Inspectors and Clerk of Election shall have been delivered to said Mayor Commissioner and City Clerk, and shall then and there canvass and declare from said returns of the In^pectors and Clerk of Election the results of said election. Said result: to show: (1) The total number of the qualified electors actually voting in each of said three parts of said election and (2) The number of votes cast "FOR" and °AGAINST° the � Adoption of said Act at each of said three parts of said election. The City Commissioners shall cause said results of said election • to be duly recorded in the minutes of said meeting and shall cause the same to be duly ce_tified to the Secretary of State of the State 0 of Florida. Said election shall in all other respects be conducted as nearly as may be in compliance with the laws regulating the hold- ing, return, certifying and canvassing of general City elections. Section 7. This Ordinance shall take effect immediately upon being posted in full following final passage. Passed by the City Commission on first reading June 30th 1959. Passed by the City Commission on second and final reading July 13th 1959. • (SEAL) go Attest: 0,6u� City Clerk ,T . _ if._.1_ - s 7.115 _ a:� f�^,.�)G�7 1'C:= 4par� c Adele. S. vrage, ��;_ _rk