054 vP . 1
ORDINANCE NO. (69(
AN ORDINANCE Appointing a Board of Appraisers to (1 )
Determine the jmount of Special Benefit Which 'Will .ccrue to
Those Certain Lots , Tracts or Parcels of Land in and At the Town
of Atlantic 3each, Duval County, Florida, by Virtue of the Con-
templated Improving of That Portion of Second Street in and At
the Said Town , lying Between the Therein Designated East Coast
Drive and Sherry Drive; (2) To i.:ake a Finding as to the Benefits
Estiasted to Result to the Public at Large Because of Said Propos-
ed I :provements; and (3) To File aReport of Such Determination
and Finding.
VHS E4S, there was in January of 1940 , and in the Town of
Atlantic Beach, Duval County , Florida, such a. demand, becaus=e of
the new public school therein located, and other equally cogent
factors , for t :e paving and hardsurfecing of that portion of
Second Street in and at the said Town situate between East Coast
give on the east and Sherry Drive on the North, that a public
necessity for additional conveniences existed, and
WHEREAS, 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 , Laws of Florida; Special Icts of
1929, a part and parcel of Charter or governing authority of the
said Town of Atlantic Beach, and
WHEREAS, the said ections 3022, et seq. , provide , in part ,
that " . . . all or any part of the cost of any such street improve-
ment'' may be paid for "by levying and collecting special assessments
on the abutting, adjoining, contiguous , or other specially benefited
nnnnan1-10 ov,A
WHEREA S, the Supreme Court of Florida in the case of
cITY OF FONT MEYERS v. STATE, 117 So. 102, has said that "assess-
inE boards should bear in mind that benefits actually accrued to
the property improved . . . must control both es to benefits pro-
rated and the limit of assessments for cost of improvement . . ." ,
and ,
HEREAS, the said Town Council is of the opinion that the
work of accurately determining the secial benefits which will
accrue to the property abutting on the aforementioned improved
portion of said becond street, and the benefits which will be
received by the public et large as a result of such street cav-
ing and hardsurfacing, , can be best performed by an independent
administrative body, and
IHEREAS, Section 3 of said Chapter 13907 , Laws o#' Florida,
Special Acts of 1929, the same being a portion of the charter of
the said Town of Atlantic Beach, Duval County, Fl arida , provides
that "the corporate _authority of said Town shall be vested in . . .
such . . . officers as may be provided for by Ordinance: " NOW,
THEREFOkE:
BE D ORDAINED BY THE MAYOR /I'D TOWN COUNCIL OF THE TOWN OF
ATLANTIC BEACH, FLORIDA:
7// i..,-----
ection 1: G7/../ i' Z
r1I,<1_ _Q,G re hereby- apointed as a Board
of _p raisers in and for the Town of r' tlantic Beach, Duval County,
Florida, with iu--e-- as Chairman.Z
Section 2: The corporate authority of the said Town shall
be vested in said 3oard for as long a period of time as may be
necessary to effectuate the hereinafter designated purposes and
so:cifications on file in the office of the Town Clerk of the
said Town outlining the type , location, nature and character of
the above mentioned contemplated improvements upon and to the
saia Second Street as hereinabove described, and consulting all
necessary and available maps and plats by which each abutting,
adjoining, contiguous , and specially benefited Lot , Tract or
Parcel of land may be located and identifies , 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 pav-
ing and hardsurfacing of that portion of the said Second -Street
in and at the said Town of r..tlantic Beach hereinafter described.
B. The special benefit ( stated in terms of dollars and cents)
which, as a result of the said proposed paving and hardsurfacin _
program, will accrue to each several Lot, Tract or Parcel of land
abutting, adjoining or contiguous to that part of the said second
Street to be improved as aforesaid .
C. The total amount of all benefits , both public and
special , which will result from the said street improvement
program.
Section 4: In arriving at and calculting those certain
special benefits callea 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, et cetera.
2. Its nearness to or remoteness fror_: the residential
and business districts.
3. Its :proximity to the water.
4. Its desirability for residential or commercial
purposes.
7. The use to which such property is put.
As for business , residential, church, etc . )
8. The location, nature , and purpose of the street.
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 . ection 3 of this ordinance shall be in_ writing,
in such style and form as to the saia 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 To n of tlantic Beach,
Duval County, Florida, on first reading
Ir
1947G?
passed by t e said Town Council on s conn reading:
Yl9 ;
passed by the said Town Council on Third r-nd
final readings / 192; and presented to the
Mayor7CP-191„k) .
dr"f
Town - is , To n of ' tlant c peach,
iDuvalCounty, rid.a.
Examined and approved this 7'day of Ge9W4Yteetir 19 CLQ
payor , Tow of ..tlantic reach, Duval
County, Florida.
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