92-18 v RESOLUTION NO. 92-18
A RESOLUTION OF THE CITY OF ATLANTIC BEACH
AUTHORIZING THE MAYOR TO NEGOTIATE A CONTRACT
WITH THE DONNER NEIGHBORHOOD COMMUNITY DEVELOPMENT
CORPORATION FOR TRANSFERAL OF OWNERSHIP OF FIVE
CITY OWN HOUSES TO THE CORPORATION.
WHEREAS, the City of Atlantic Beach is aware of the need for low
income home ownership, and
WHEREAS, the Donner Subdivision Revitalization Plan, prepared for
the City, recommends that a Community Development Corporation be used
to improve the neighborhood and increase home ownership, and
WHEREAS, the City owns five vacant houses considered to be
surplus.
NOW THEREFORE, be it resolved by the City Commission of the City
of Atlantic Beach, the City Manager is authorized to contract with
the Donner Neighborhood Community Development Corporation for removal
of the following five houses from City property so they maybe offered
for low income ownership - 1. 1671 Francis Ave. , 2. 1651 Francis
Ave. , 3. 1631 Francis Ave. , 4. 1611 Francis Ave. , and 5. 1585 Francis
Ave. The proposed contract follows as Attachment A.
Adopted by the City Commission May 26, 1992
* * * * * * * * * * * * * *
PASSED BY THE COMMISSION ON :
111
Withal I. Gullif:rd, Al Iliii
Mayor
ATTEST :
Maureen King, City lerk
Appr• ,-d as to F• m and Correctness :
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JENSEN & HOULD
ATTORNEYS AT LAW
708 NORTH THIRD STREET
POST OFFICE BOX 50457
JACKSONVILLE BEACH,FLORIDA 32240-0457
Alan C.Jensen Telephone(904)246-2500
Stephen A.Hould Fax(904)246-9960
July 1, 1992
Maureen King, City Clerk
City of Atlantic Beach
800 Seminole Road
Atlantic Beach, FL 32233
ATTN: Trudy
Dear Trudy:
I am returning herewith the original Resolution 92-18 which I have
signed. I am looking for the Attachment A referred to in Maureen' s
letter of June 23rd and, if I have it, will forward it as well. I
also enclose the original Temporary Employment Agreement with
regard to Phyllis Terrell, which I have likewise signed.
Maureen had requested that I provide a legal opinion regarding the
request from Beaches Yellow Cab Company and their office at 682
Sturdivant Avenue which is zoned CG. I do not believe a use by
exception would be appropriate in that a taxi cab business is not
specifically listed as a use by exception under CG zoning and it
appears from the definition of exception in Section 24-17 of our
Code that exceptions are limited to those as stipulated in Chapter
24 . However, it does appear that a taxi company could be a
permitted use under CG zoning as a service establishment, a similar
use to some of those listed under Section 24 . 111 of the Code. I
can find nowhere else in our Code specifically listing taxi cab
business or taxi company.
I called to get George Worley' s opinion on this matter, but learned
that he is out of the office until next Monday. By copy of this
letter to him, I am requesting that he contact me with his opinion
in this regard.
Please let me know if you have any questions and either George or
I will be back in touch with you after we talk early next week.
Very truly yours,
A an C. Jensen
Enclosures
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800 SEMINOLE ROAD
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TELEPHONE(904)247-5800
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June 23, 1992
To: Alan Jensen, Esquire
City Attorney
From: Maureen King
City Clerk
We have had a request fram Beaches Yellow Cab Company to open an office
at 682 Sturdivant Avenue, zoned CG. Since taxi company is not listed as
a permitted use in a CG district I advised Beaches Yellow Cab they would
need to apply for a use by exception. However, Beaches Yellow Cab
indicated they would not be doing any dispatching from that location;
the office would be used for employment interviews, meetings, and for
collecting money from the drivers, and as such, they felt they did not
need a taxi company license but could be licensed as an administrative
office. We have been advised that there are usually several cabs parked
at this address and it is my feeling they should apply for a use by
exception and be licensed as a taxi company. Would you please be good
enough to let us have your legal opinion regarding this matter. The
next meeting of the Community Development Board will be July 21 and the
deadline for agenda items is July 8.
We have also enclosed Resolution #92-18 and a temporary employment
agreement for your signature. We understand Kim gave you the only copy
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of Attachment A to Resolution 92-18 and we would appreciate a copy of
that document as soon as you have reviewed it.
Since I will be on vacation beginning Friday, June 26, please return
these documents to Trudy and contact her with any questions you may have
regarding any of these items.