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HomeMy WebLinkAboutMinutes 10-23-1962MINUTES OF REGULAR MEETING OCTOBER. 23, 1962 A Regular Meeting of the City Council of the City of Cape Canaveral was held at.7:30 P.M., October 23, 1962, at the Recreation Hall of the Cocoa Palms Trailer Park. City Official Present were: Mayor. R. A. Jamieson, George G. Rogers, C.F. Applegate, A. D. Anderson, William Eberwein, City Clerk Shirley Jenkins and City Attorney George Ritchie. Absent: Leo B. Collins. The meeting was called to order by the President of the Council. The minutes of the Regular Meeting of October 16, 1962, were read, on a MOTION made by Mr. Applegate, seconded by Mr. Eberwein and passed unanimously, that the minutes be accepted as read with one correction, that was "P.M." was changed to "A.M." The minutes of the Special meeting of October 17, 1962, were read, on a MOTION made by Mr. Applegate, seconded by Mr. Eberwein and passed unanimously, the minutes were accepted as read. 1. The General Nuisance Ordinance No.____ was given its 1st reading in its entirety, this Ordinance is entitled "AN ORDINANCE DEFINING DISORDERLY PERSONS AND DISORDERLY CONDUCT WITHIN TFIE CORPORATE LIMITS OF THE CITY OF CAPE CANAVERAL AND PROVIDING A PENALTY FOR VIOLATION OF SAID ORDINANCE." 2. The Model Traffic Ordinance No.___ was given its 1st reading in its entirety, this Ordinance is entitled " AN 0RDINANCE ADOPTING FLORIDA STATUTES, 1961 CHAPTER 186, MODEL TRAFFIC ORDINANCE FOR MUNICIPALITIES." 3. A general discussion was held on the City's Recreation Park, it was agreed by the council that an appointment be made with McGuire, Minutes of Regular Meeting, October 23, 1962 PAGE 2 Voorhees and ''Wells, attorneys in Orlando and that Mr. Ritchie and members of the council would meet for a discussion on retaining the recreation park. 4. The next item of business was the Survey of the Citys Boundaries, the City Attorney read a letter from Mr. Richard W. Ervin, Attorney General, State of Florida, which is made a part hereof and attached hereto, the letter reference Platting of Muncipality established under general law. This item was tabled for the next regular meeting. 5. Mr. Rogers reported that the council had heard from five companies on a Master Plan for the City. A letter from Mr. Starr, of the State Board of Health, reference the citys needs of sewerage, was read to the council. Mr. Rogers stated that a discussion had been held with Mr. Starr and that the council was working on the sewerage. It was agreed by the council that this item be tabled for the next regular meeting. 6. Mr. Applegate suggested that a discussion be held until the council had more information regarding Bulkheads. It was agreed by the council that Mr. Ritchie would check as to where the bulkhead lines will be set. A discussion was held by the council on the removing of sand from the beaches, Mr. Rogers asked Mr. Anderson to prepare an ordinance on removing sand from the beaches. NEW BUSINESS: 1. Mr. Anderson suggested that the City Treasurer be paid a salary, it was agreed by the council that this should be taken up with Mr. Collins. 2. Mr. Anderson requested that names be used in the minutes, there were no objections. MINUTES OF REGULAR MEETING, October 23, 1962 PAGE 3 9. On a MOTION made by Mr. Applegate, seconded by Mr. Eberwein and passed unanimously, meeting was adjorned at 8:15 P.M. Shirley S. Jenkins, City Clerk approved as read S.J. MICROFILMED 4-24-80 STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL TALLAHASSEE IN GOD WE TRUST RICHARD W. ERVIN ATTORNEY GENERAL October 22, 1962 Honorable George Ritchie City Attorney, Cape Canaveral 20 Ballair Arcade Cocoa, Florida Re: Platting of municipality established under general law. Dear Mr. Ritchie: This is in response to your letter of October 17, addressed to the attention of my Assistant Wilson Wright, wherein you make inquiry as to whether it is necessary for a new municipality laid out under the general law to be platted and further inquire as to whether those areas for which there are previously recorded subdivision plats must be replatted. Section 177.02, Florida Statutes, provides in part: "Whenever any city, town, . . . shall be laid out or altered . . . within this state, the pror=riotor or proprietors thereof, shall° cause a survey and true map or plat there- of to be made . . . " Because of the reference to cities and towns in Section 177.02, Florida Statutes, just referred to, this office would be inclined toward the position that Chapter 177, Florida Statutes, would be applicable to new cities established under the general law. With regard to platting, however, it would seem to this office after considering the matter that the only burden upon the city would be to record the boundaries of said city. MICROFILMED 4-24-80 Honorable George Ritchie Page 2 With regard to subdivisions within the city for which there may be previously recorded plats, let me point out that I understand it is the generally accepted procedure to accumulate these subdivision plats, lay them out in their respective positions within the city boundaries, and then photograph or copy all of the subdivisions thus making up a map of the city. This I believe would, without replatting the unchanged recorded subdivision plate, meet the requirements of Section 177.05, Florida Statutes. There may also be some acreage within the city which has not been previously platted but I do not believe that it would be incumbent upon the city or in fact that the city would have the authority to go in and lay out such areas in streets, blocks and lots. Such areas need only be identified as acreage if at all. Trusting these observations will adequately answer your questions, I remain Sincerely, Richard W. Ervin Attorney General RWR/wwws