053-A vOrdinance No e:3:
AN ORDINANCE Appointing a Board of Appraisers to
1) Determine the Amount of Special Benefit Which Will Accrue To
Those Certain Lots , Tracts , or Parcels of Land in and At the Town
of Atlantic Beach, Duval County, Florida , By Virtue of the Contemplated
Improving of That Portion of Third Street in and At the Said Town
Lying Betveen the Therein Designated East Coast Drive and Sherry
Drive ; (2) To Make a Finding As to the Benefits Estimated to Result
to the Public at Large Because of Said Proposed Improvements; and
3) To File a Report of Such Determination and Finding.
WHEREAS , there was in January of 1940 , and in the Town
of Atlantic Beach, Duval County, Florida, such a demand, because of the
new public school therein located, and other eoually cogent factors ,
for the paving and hardsurfacing of that portion of Third Street in and
at the said Townsituate between East Coast Drive on the east and
Sherry Drive on the North, that a public necessity for additional conven-
iences existed , and
v 'EAS, a supplemental, additional, and alternative method
of paying for such improvements is prescribed in and by Sections 3022,
et seq. , of the Compiled General Laws of Florida, 1927 , made , by
Section 37 of Chapter 13907 , La'As of Florida, Special Acts of 1929, a
part and parcel of the Charter or governing authority of the said Town
of Atlantic Beach, and
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WHEREAS, the said Sections 3022, et seq. , provide , in part ,
that " . . . all or any part of thecostof 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 actu lly accruing to the
property improved . . . must control both as to benefits prorated and
the limit of assessments for Coat of improvement . . ." , and
E EAS,the said Town Council is of the opinion that the
work of accurately determining the special benefit.. which will accrue
to the property abutting on the aforementioned improved portion
of said Third Street , and the benefits which will be received by
the public at large as a result of such street paving and hardsurfscing,
can be best performed by an independent administrative body, and
WHL+'REAS, 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 THE MAYOR AND T0V',N COUNCIL OF THE TOWN
OF ATLANTIC BEACH, FLORIDA:
Section 1: .. c.C62-u rp/ie,rc , 1/17A4---
and cy: .ertzLeoe441..,—:are hereb appointed as a Board of
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 specifi-
cations on file in the office of the Town Clerk of the said Town out-
lining the type , location, nature and character of the above mentioned
contemplated improvements upon and to the said Third Street as herein-
above described , and consulting all necessary and available maps and
plats by which each abutting, adjoining, contiguous, and specially bene-
fitted Lot , Tract , or Parcel of land 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 will accrue to the public at large by virtue
of the paving and hardsurfacing of that portion of the
said Third Street in and at the said Town of Atlantic Beach
hereinabove described.
B. The special benefit ( stated in terms of dollars
and cents) which, as a result of the said proposed paving
and hardsurfacing program, will accrue to each several Lot,
Tract, or Parcel of land abutting, adjoining,or contiguous
to that part of the said Third Street to be improved as afore-
said.
C. The total amount of all benefits , both public
and special, which will result from the said street improve-
ment program.
Section 4: In arriving at and calculating those certain
special benefits called for in Section 3, paragraph B, of this
Ordinance , supra, 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 residential
and business districts.
3. Its proximity to the water.
4. Its desirability for residential or commercial
purposes.
5. The nature of the improvement work to be done.
6. The actual increase in market or utility value
of the abutting property.
7. The use to which such property is put .
As for business , residential, church,etc) .
8. The location, nature , and purpose of the street.
9. The added uses to which the property may be put.
10. The general enhancement in value of the locality
as a whole in which the improvement is to be made.
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 ;Ge a j , /,19`; passed by
the said Town Council on second reading r,2c/,194/c passed
by the said Town Council on third an final riding % / 'Cp ,19 0
and presented to the Mayor cF,W7Arny 7 19f,
4,
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1147. 4°
P; S•
Tow ' er ,To n of Atb nt1c Beach,
Duval Count,, Florida.
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Examined and approved this /qday of PZ 7., , 14424
6: / 1161
Mayor,
Tow0;.
of tlantic Beach,Duval
County, Florida.
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