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.