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Res 1210-59 RE~OL~TION NO. 1210 A RESOLUTION 0P THE CITY COUNCIL OF THE CITY 0F DELRAY BEAC.~, FLORIDA, CALLING AN ELECTION OF THE QUALIFIED ELECTORS THEREIN TO EITHER APPROVE OR DISAPPROVE AN ORDINANCE REPEALING ORDINANCE NO. 365, AS ADOPTED BY THE VOTERS OF DELRAY BEACH, FLORIDA AUGUST 6, 1940, ALSO KNOWN AS SECTION 29-13 OF THE CODE OF ORDINANCES OF DEIz~AY BEACH, FLORIDA. WHEREAS, the City Council has this date passed Ordinance No. G'537 _, which is set forth in full as "ORDINANCE NO. G-~37 AN EMERGENCY ORDINANCE REPEALING ORDINANCE NO. 365, AD ADOPTED BY THE VOTE~S OF DELRAY BEACH, FLORIDA, AT AN ELECTION HELD ON TUES- DAY, AUGUST 6, 1940, ALSO I~0WN AS SECTION 29-13 OF _THE CODE OF ORDINANCE~ OF THE CITY OF DELRAY BEACH, FLORIDA; AND PROVIDING A REFERENDUM. WHEJ~EA~, the p~esent procedural 1-equirements for pro- cessing of matters, pertaining to re-classification, special exemptions, variances, and other matters connected with zoning, are not in conformity with the standard pro- cedure as set forth in the General Statutes of the State of Florida; and WHEREA~, Ordinance No. 365, as adopted by referendum vote on August 6, 1940 can be amended or repealed only by a referendum vote to be submitted in any regular elect- ion as required by Section 163 of the Charter of Delray Beach; and WHEREA~, the next regular election of the City of Delray Beach, Florida is to be held on Tuesday, December 1, 1959, and the Council hereby determines that in order to provide for the daily operation of the Building Department and to provide for the p~eservation of public peace, proper- ty, health and safety, an emergency exists, and the question of whether Ordinance No. 365, adopted August 6, 1940 should be retained or repealed, should be submitte~l to referendum vote at such election to be held. NOW, THERE~RE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section le That Ordinance No. 365, as adopted by the voters o~ay Beach, Florida, at an election held on Tuesday, ~gust 6, 1940, also known and designated as ~ection 29-13 of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby repealede Section 2~ This ordinance shall take effect upon its ~atif~c~'~io'n' ~y a majority of the qualified electors resid- ing in Delray Beach, Florida, voting at a special election to be called by the City Council within thirty (30) days f~om the passage of this ordinance on first and final readtnge -1- PASSED as an Emergency Ordinance on first and final x'eadtng on this the 9th day of Novembex', A.D. 1959e /s/. G 0RC-E T IJBOT Mayor .......... ATTEST: ~. D. WORTHING .......... AND WHEREA~, Section 163 of the Charter of Delray Beach provides that such ordinance can be repealed only by a x'eferendum vote. NOW, THEREPORE, BE IT RESOLVED by the Olty Council of the City of Delray Beach, Florida, as follows: Section 1. A referendum election is hereby called for Tuesday, December-1, 1959, for the purpose of allowing the qualified electors of said. City to approve or disapprove the ordinance above set fox'th. Section 2e Said election shall be held on Tuesday, December ~, at the CENT~=L FIRE STATION in the City of DelraYBeaSh;Florida betweenthe hSurs o'f 7':00 A.M. and 7:00 P.Me ~e.ctton 3. That the official election ballot shall have prin~ed upon 'it the title of the above ordinance, and comply with Section 162, of the Chax'ter of said Citye Section 4, Notice of s aid referendum election shall be given bY publication, as x'equtre~ by the Charter, and the Mayox' is hereby authorized and directed, in his name and in the name of and in behalf of sai~ City and the Council, to c all such election by a proclamation. PASSED AND ADOPTED this ..~ day of November, 195~e -2-