106 vORDINANCE NO.
AN ORDINANCE Appointing a Board of Appraisers to: (1)
Determine the Amount of Special Benefit Which has Accrued to
Certain Lots, Tracts, or Parcels of Land in the Town of Atlan-
tic Beach, Duval County, Florida, by Virtue of Work Done to
and Upon and Adjacent to the Seawall in the Said Town for the
Purpose of Saving the Said Seawall and Abutting Property from
Destruction by Storm; the Said Work having been Undertaken
and Pursued from October 4th, 1947 and Completed Within the
Period up to and Including October 15th, 1947; (2) to Make
a Finding as to the Benefit which has accrued to the Public
at Large Because of said Work; and (3 ) to File a Report of
Such Determination and Finding.
WHEREAS, during the period from October 4th to October
15th, 1947, the seawall of the Town of Atlantic Beach and the
lands abutting thereon and adjacent thereto and the buildings
situate on such lands were threatened with destruction by
storm and high tides and the necessity existed for the doing
of work and the erection of structures and means for support-
ing, retaining and protecting said seawall and said land and
property and for the preparing, laying and stockpiling of
sand bags for the protection of said property for the bene-
fit of the owners thereof and the public at large, and
WHEREAS, by reason of said necessity, such work was
undertaken by said Town on October 4, 1947 and thereafter pur-
sued and completed on October 15, 1947 , and
WHEREAS, a supplemental, additional, and alternative
method of paying for such work is prescribed in and by
Chapter 929$, Laws of Florida, made by Section 37 of Chapter
13907 , Laws of Florida, Special Acts of 1929, a part of the
Charter or governing authority of the said Town of Atlantic
Beach, and
WHEREAS, the said Chapter 929$, provides in part that
all or any part of the cost of any such work 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 actually
accruing to the property improved . . . must control both as
to benefits prorated and the limit of assessments for cost
of improvement . . . " , and
WHEREAS, the said Town Council is of the opinion that
the work of accurately determining the special benefits which
have actually accrued to the property repaired, protected and
safeguarded, and the benefits which have been received by
the public at large as a result of such work, can be best
performed by an independent administrative body, and
WHEREAS, 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 TOWN COUNCIL OF THE
TOWN OF ATLANTIC BEACH, FLORIDA:
Section 1: June Wright, C. P. Wilcox and L. A.
Reith are hereby appointed as a Board of Appraisers in and
for the Town of Atlantic Beach, Duval County, Florida, with
June Wright, 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.
Section 3 : The said Board shall, having recourse for
its guidance, direction, and information to those certain plans
and specifications heretofore filed in the office of the Town
Clerk of the said Town outlining the type, location, nature
and character of the above mentioned work of repairing, pro-
tecting and safeguarding said property, and to all necessary
arsl available maps and plats by which each abutting, adjoin-
ing, contiguous, and specially benefitted Lot, Tract, or
Parcel of land in said Town of Atlantic Beach may be located
and identified and shall submit a detailed report and finding
as to :
A. The total benefit (stated in terms of dollars
and cents) which has accrued to the public at large by
virtue of the entire work done for repairing, protect-
ing and safeguarding said property.
B. The special benefit (stated in terms of dol-
lars and cents) which by reason of said work has ac-
crued to each several Lot, Tract, or Parcel of land
abutting, adjoining, or contiguous to the said Seawall.
P. 2
C. The total amount of the special benefits
which by reason of said work have accrued to all Lots,
Parcels, or Tracts of land abutting, adjoining, or
contiguous to said Seawall.
D. The total amount of all benefits, both pub-
lic and special, which have resulted from the entire
work program.
Section 4: In arriving at and calculating those cer-
tain special benefits pursuant to Section 3 , Paragraphs B
and C, of this Ordinance , supra, the said Board shall take
into consideration, among other things, the following sev-
eral factors:
1. The property; its physical condition, etc.
2. Its nearness to or remoteness from the resi-
dential and business districts.
2. Its proximity to the water.
4. Its desirability for residential or commer-
cial purposes.
5. The nature of the work done; whether or not
tiebacks were used, rip rapping, sand bag-
ging and stock piling sand bags was done .
6. The use to which such property is put.
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.
P. 3
Passed by the Town Council of the Town of Atlantic
Beach, Duval County, Florida, on first reading December 8th,
1947; passed by the said Town Council on second reading
December 8th, 1947 , passed by the said Town Council on third
and final reading, December 22nd, 1947; and presented to the
Mayor L,, 2 194 a
g -
Town Cler , Town of Atlanti Beach,
Duval County, Florida.
SEAL)
Examined and approved this '"day of i ?ic c1
194g
TvIayor, wn7/of Atlantic Beach, Duval
County, Florida.
P. 4