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.
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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
•
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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
•
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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