048 vORDINANCE NO. #8
AN ORDINANCE TO AMEND ,^-N ORDINANCE ENTITLED "AN ORDINANCE Regulat-
ing the Disposition of Garbage in the Town of Atlantic Beach,
rrlorida, and Prescribing the Persons xntitled to Collection of
Garbage by the Town" .
bE IT ORDAINED BY THE MAYOR AND TONN COUNCIL OF THE TOWN OF
ATLANTIC BEACH, FLORIDA
Section 1. That section 2 of Ordinance Number 28 entitl-
ed "An Ordinance Regulating the Disposition of Garbage in the
Town of Atlantic Beach, Florida, and Prescribing the Persons
ntitled to Collection of Garbage by the Town" , be , and the''same
is , hereby amended to read as follows:
Section 2. Any and all garbage , trash or other refuse
placed in any of the streets , alleys or ways of said Town or up-
on any property under the jurisdiction or control of the Town,
shall be placed for collection only and not -permanently; and
shall not be placed in any street or way or upon any sidewalk
so as to impede or endanger vehicular or pedestrial traffic; it
shall be deposited in suitable and sufficient containers in all
cases and only in metal containers with tightly fitting lids
when any portion thereof consists of refuse food stuff, fruit ,
vegetables, swill , animal matter and/or substances sugject to
decomposition of an odorous or offensive nature , and as soon as
such garbage , trash or refuse is collected such containers shall
be forthwith removed by the owner thereof.
Section 2. That all other portions of Ordinance No. 28
of the laws of the Town shall not be altered, impaired or
changed by this ordinance and that this ordinance shall take
effect immediately.
74
Passed by the Town Council this 8- day of ,l,L.e ,e
1939.U
Approved by the Mayor this _4?.?_k_day of
1939.
1-/Mayor
NA
arli7/eynce"
iifi064E3
41)/319
67/er//on, f/c,
1'
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Ordinance No . • 46
AN ORDINANCE Appointing a Board of Appraisers to ( 1) Deter-
mine the Amount of Special Benefit Which has Accrued to Certain Lots,
Tracts , or Parcels of land in and at the Town of Atlantic Beach,Duval
County, Florida , by Virtue of) Those Certain Street Improvements Under-
taken in said Town on, to-wit , 19 6$, and Completed on
5-
7
194; (2) to hake a Finding as to the Benefit4",(A/
Estimated to have Resulted to the Public at Large Because of said
Improvements; and (3) to File a Report of Such Determination and
Finding.
WHEREAS, there was o 2 , 192* and in the Towr
of Atlantic Beach , Duval Count , Florida, such a demand for street
reconstruction, repair, paving, re-paving, hardsurfacing, and re-
hardsurfacing for additional conveniences for the public at large that
a public necessity existed in that behalf, and
VVHEREAS,such street reconstruction, repair, paving, re-pavin€
hardsurfacing , andre-hardsurrfcing was consequently undertaken,
ab
y the
o g 190 and completed on o " 19Q
said Town on 00 , P
I
and
WHEREAS, a supplemental , additional, and alternative method
of paying for such improvements is prescribed in and by Sections 3A22 ,
et seq. , of the Compiled General Laws of Florida, 1927 , made , by
Section 37 of Chapter 13907 , Laws of Florida,Special Acts of 1929 , a
part and parcel of the Charter or governing authority of the said Town
of Atlantic Beach, and
1-
WHEREAS, the said Sections3022, et seq. , provide , in part,
that " . . . all or any part of the cost of any such street improvement"
may be paid for "by levying and collecting special assessments on the
abutting , adjoining, contiguous , or other specially benefitted property" ,
and
WHEREAS, the Supreme Court of Florida in the case of
CITY OF FORT MEYERS v. STATE, 117 So. 102, has said that "assessing
boards should bear in mind that benefits actually accruing to the
property improved . . . must control both as to benefits prorated and
the limit of assessments for cost of improvement . . ." , and
WHEREAS,the said Town Council is of the opinion that the
work of acturately determining the special benefits which have actually
accrued to the property `improved) and the benefits which have been
received by the public at large as a result of such street construction,
reconstruction, repair, paving, re-paving, hard surfacing , and re-hard-
surfacing,lcan be best performed by an independent administrative body,
and
WHEREAS, Section 3 of said Chapter 13907 , Laws of Florida,
Special Acts of 1929, the same being a portion of the Charter of the
said Town of Atlantic Beach, Duval County, Florida , provides that "the
corporate authority of said Town shall be vested in . . . such . . . officers
as may be provided for by Ordinance ; " NOW, THEREFORE:
BE IT ORDAINED BY THJ MAYOR AND TO-11 COUNCIL OF THE TOWN
OF ATLANTIC BEACH, FLORIDA:
Section 1: ' t OI/T7/Z; I / / '
and ,j 4; e hereby appointed as a Board of Appra ers
Section 2: The corporate authority of the said Town shall
be vested in said Board for as long a period of time as may be necessary
to effectuate the hereinafter designated purposes and duties.
Section 3: The said Board shall, having recourse for its
guidance , direction, and information to those certain plans and specificat-
ions heretofore filed in the office of the Town Clerk of the said Town
outlining the type , location, nature and character of the above mentioned
street improvements and construction -)and consulting all necessary and
available maps and plats by which each abutting, adjoining, contiguous,
and specially benefitted Lot , Tract , or Parcel of land in and at the said
Town of Atlantic Bach may be located and identified, forthwith submit
a detailed report and finding as to:
A. The benefit (stated in terms of dollars and cents)
which has accrued to the public at large by virtue of the
Ipaving and hardsurfacing portion of the street improvement J
program.
B. The benefit which has accrued to the public at
large by virtue of the (reconstruction, repair, repaving,
and re-hardsurfacing portion of the street improvement
program)
C. The total benefit which has accrued to the public
at large by virtue of the entire street improvement program.
D. The special benefit (stated in terms of dollars and
cents) which has accrued to each several Lot , Tract , or
Parcel of land abutting, adjoining, or contiguous) to each
street involved in the paving and hardsurfacing portion of 41
the improvement program.
E. The special benefit which has accrued to each several
Lot, Tract, or Parcel of land abutting, adjoining , or contig-
uous to e ch street involved in the reconstruction, repair,
repaving, and re-hardsuriacing portion of the
improvement program.,'
F. The total amount of the special benefits
which have accrued to all abutting, adjoining, or
contiguous Lots , Parcels , or Tracts of land involved
in the entireyrrstreet improvement program.
G. The total amount of all benefits, both public
and special, which have resulted from the entire street
improvement program.
Section 4: In arriving at and calculating those certain spec-
ial benefits called for in Section 3 (Paragraphs D to F inclusively)
of this Ordinance , supra , the said Board shall take into consideration,
among other things , the following several factors:
1. The property; its physical condition, etc.
2. Its nearness to or remoteness from the resi-
dential and business districts.
3. Its proximity to the water.
4. Its desirability for residential or
commercial purposes.
5. The nature of the improvement work done ; as
whether the street in question has been paved,
or repaired by repaving.
6. its actual increase in market or utility value.
7 . The use to which such property is put.
As for business , residential, church, etc' .
8. The location, nature , and purpose of the street.
21. The added uses to which the property may be put.
i
Section 5: The detailed report and finding required in and by
the said Section 3 of this Ordinance shall be in writing, in such style
and form as to the said Board may seem meet and appropriate; and shall,
upon completion, be filed in the office of the Town Clerk of the said
Town of Atlantic Beach, Florida.
Passed by the Town Council of the Town of Atlantic Beach,
Duval County, Florida, on first reading July 7
Y--- ,
1979; passed by the
said Town Council on second reading July 7 .— 2 1939; passed by the said
Town Council on third and final reading, 01,6(T,/05---e:= , 1939; and
presented to the Mayor °lY 1939.
i Ar
k,To of , :ntic Beach,
Duval Count0florida.
1/
6
Examined and approved this (`'"day of 4 2 1939.
1---""(7.--C(
Mayor,Town of A. antic Beach,Duval
County, Florid. .
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