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084 vORDINANCE NO. ELF 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 Ahern Street lying between Beach Avenue and East Coast Drive; First Street lying between Beach Avenue and East Coast Drive; Second Street lying Between Beach Avenue and Sherry Drive; Third Street lying between East Coast Drive and Sherry Drive; Sixth Street lying Between. Beach Avenue and East Coast Drive; Seventh Street lying Between Seventh Street Ramp and Sherry Drive; Eighth Street lying Between East Coast Drive and Sherry Drive; Plaza lying Between Hotel Reservation Road and East Coast Drive; Ninth Street lying Between East Coast Drive and Sherry Drive; Tenth Street lying Between East Coast Drive and Sherry Drive; Eleventh Street lying Between Beach Avenue and Sherry Drive; East Coast Drive lying Between Tenth Street and Six- teenth Street; Beach Avenue lying Between 33 feet North of Third Street and Seventh Street, and lying Between Tenth Street and Sixteenth Street; All In and At the Said Town of Atlantic Beach, Duval County, Florida; (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 March, 1946 , and in the Town of Atlantic Beach, Duval County, Florida, such a demand or other equal cogent factors, for the paving and hard surfacing of that portion of Ahern Street lying Between Beach Avenue and East Coast Drive; and, that portion of First Street lying between Beach Avenue and East Coast Drive; and, that portion of Second Street lying between Beach Avenue and Sherry Drive; and, that portion of Third Street lying between East Coast Drive and Sherry Drive; and, and, that portion of Sixth Street lying between Beach Avenue and East Coast Drive; and, that portion of Seventh Street lying between the Sevehth Street Ramp and Sherry Drive ; and, that portion of Eighth Street lying between East Coast Drive and Sherry Drive; and, that portion of Plaza lying between the Hotel Reservation Road and East Coast Drive ; and, that portion of Ninth Street lying between East Coast Drive and Sherry Drive; and, that portion of Tenth Street lying between East Coast Drive and Sherry Drtve; and, that portion of Eleventh Street lying between Beach Avenue and Sherry Drive; and, that portion of East Coast Drive lying between Tenth Street and Sixteenth Street; and, that portion of Beach Avenue lying between 33 feet North of Third Street and Seventh Street, and lying between Tenth Street and Sixteenth Street; All in and at the said Toon of Atlantic Beach, Duval Ctunty, Florida, that a public necessity for additional convenience existed, and Page 2 WKEREAS, a supplemental, additional, and alternative method of paying such improvements is prescribed in and by Section 3022, et seq., of the complied 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 WHEREAS, the said Sections 3022, et seq. , provide, in part that ". . . all or any part of the cost of any street improvement" maybe 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 Fort e h,fyers 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 pro- rated and the limit of assessments for cost of improvement,. ."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 portions of Streets in and at the said Town, and the benefits which will be received by the public at large as a result of such street paving and hardsurfacing, 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 County, Florida, pro- vides that " the corporate authority of said Town shall be vested in --- such officers as may be provided bor by Ordinance": NOW THEREFORE; BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ATLANTIC BEACH, FLORIDA: Section 1: N alt-e-6, .L6)/ tAe- and CC. are hereby appointed as a Board of Appraisers in and for the Town of Atlantic Beach, Dubai County, o Florida, with /*9' as Chairman, r Page 3 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 end duties. Section 3. The said Board shall , having recourse for its guidance, direction and information to those certain plans and specifications 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 improvements upon and to the said aforementioned portions of streets at and in the said Town, 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, forwith submit a detailed report and finding as to : A. The benefit ( stated in terms of dollars end cents) which will accrue to the public at large by virtue of the paving and hardsurfacing of the portions of the aforementioned streets in and at the said Town of Atlantic Beach hereinbefore described. B. The special benefit (stated in terms of dollars aid 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, adgoining, or contiguous to the portions of the aforementioned streets in and at the said Town of Atlantic Beach hereinbefore described. 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 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. Page 4 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. 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, Florida, on the first reading March 5, 1946; passed by the said Town Council on second reading March 5, 1946; passed by the said Town Council on the third and final read- ing __44,.;-/ ead- ing 1946 ; and presented to the Mayor 4442_3_9 1946. Examined and approved this .Z day of 1946. Mayor, flown of Atlantic Beach, Duval County, Florida Attest Town Clerk, Town of Atlantic Beach, Duval County, Florida.