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ORDINANCE No. 77
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
Tc-•n of Atlantic Beach, Duval County, Florida, by Virtue of the
Contemplated Improving of That Certain Thoroughfaf'e Commonly
Known as the Hotel Reservation Road, Same Being a Connecting
Link Between Ocean Boulevard on the South and Ocean Boulevard
on the North in and At the Said Town Lying Between Seventh
Street and Tenth Street; (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 April 1945, and in the Town of
Atlantic Beach, Duval County , Florida, such a demand, because of
the need for a thoroughfare connecting Ocean Boulevard on the
North and Ocean Boulevard on the South, and other equally
cogent factors, for the paving and hardsurfacing of that certain
thoroughfare in and at the said Town situate between Seventh
Street and Tenth Street, commonly known as the Hotel Reservation
Road, that a public necessity for additional convenience existed, and
WHEREAS, a supplemental, additional , and alternative
method of paying for such improvements is prescribed in and by
Section 3022, et seq. , of the Compiled General Laws of Florida,
1927, made by Section 37 of Chapter 13907 , Laws of Florida,
Soecial 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 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 Surpreme 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 iuprovod . . . must control both as to benefits prorated and
the limit of assessments for cost of iprovement . . ." , and
WHEREAS, The Town Council of the said Town of Atlantic
Beach is of the opinion that the work of accurately determining the
special benefits which will accrue to the property abutting on the
aforementioned improved portion of said Hotel Reservation Road, and
the benefits which will be received by the public at large as a result
of such street paving and hardsurfaeing, can be best performed by an
independent administrative body , and
WHEREAS, Section 3 of 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 Vounty, 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 TOWN COUNCIL OF THE
TORN OF ATLANTIC BEACH, FLORIDA:
Section 1: Mr . 1.r. S.S. Jacobs Mr . Tunc fright
and 'Ir. Geo. Bull are hereby appointed as a Board of Appraisers
in and for the Town of Atlantic Beach, Duval County, Florida, with
Yr. S. S. Jacob- as Chairman.
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.
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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 Supervisor of the said Town
outlining the type, location, nature and character of the above
mentioned contemplated i :provements upon and to the said Hotel
Reservation Road an hereinabove described, and consulting all necessary
and available maps and plats by which each abutting, adjoining, contiguous,
and specially benefitted Lot, Tract, or Parcel of land may be located
and identified, forwtth 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 the said Hotel Reservation Road in and at the said
Town of Atlantic Beach hereinbefore 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 the said Hotel Reservation Road
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 calculating those certain
special benefits called for in Section 3, paragraph B, of this Ordiance,
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, or may be put.
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.
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Section 5: The detailed report and finding required
in and by the said Section 3 of this Ordinance shall he in
writing, in such style and form as to the sold 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 Torn Council of the Town of Atlantic Beach,
Florida, on first reading May 1st Y1945; passed by
the said Town Council on second reading May 1st 1945;
passed by the said Town Council on third and final reading
June 5th _1945 ; and presented to the ',ayor
Juno 12th 1945 .
Examined and approved this /,Z day of 1945.
2nCani:ietoac ,
Duval County, Florida.
Attest
C2_ceJlOtt_ ;A , / I"—t=-4?---
Town Clerk, Town of Atlantic Beach,
Duvul County, Florida.
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