HomeMy WebLinkAboutRequest to City to prohibit boats in Schumann LakeGeneral Development Corporation
EXECUTIVE OFFICES • 1111 SOUTH BAYSHORE DRIVE • MIAMI, FLORIDA 33131 • TELEPHONE 350-1263 (305)
ROBERT L. SEELEY
CORPORATE COUNSEL
AND
ASSISTANT SECRETARY
City Council
City of Sebastian
Sebastian, Florida
RE: Schumann Lake
Gentlemen:
January 22, 1971
I have read with concern your letter of January 12, 1971 and the
letter of the Sebastian Highlands Property Owners Association
dated January 9, 1971, both regarding the prohibition of use of
motor boats on the captioned lake.
While the said lake may be private property it nevertheless lies
wholly within the jurisdictional boundaries of the City of Sebastian
and is, therefore, subject to any and all reasonable regulation by
the City that is calculated to serve the best interests of the public.
A prohibiting ordinance as suggested in my previous letter would be
well within the realm of the valid exercise of the City's police power.
As you know those powers may and should be used in every instance
when there is a legitimate need to protect the public health, welfare,
morals, etc. - which would, of course, include the abatement of a
public nuisance. It matters not in such cases that there is private
property involved.
I hope this letter is helpful to you and I invite any questions you
may have regarding it.
Sincerely,
ROBERT L. SEELEY
RLS:ps
cc: Sebastian Highlands Property
Owners Association
•
t � :
January 12, 1971
General Development Corporation
1111 South 0ayshore Drive
Miami, Florida 33131
Attn: Mr. Robert Seeley
Dear Mr. Seeley:
Attached hereto is a copy of letter received from the
Sebastian Highlands Property Owners Association at a
Council Meeting, Monday, January 11, 1971.
This matter was discussed and it is the opinion of the
Council that Schumann Lake is private property and the
City of Sebastian has no authority to ordinance against
motor boats using said lake.
Sincerely,
FOR THE CITY COUNCIL
A. T. Jordan
City Clerk
ATJ/flp
Attach. -1
M President, Sebastian Highlands Property
Owiers Assn., Sebastian, Fla. 32958
1
Sebastian Highlands Property Owners Assn.
SEBASTIAN, FLORIDA
January 9,1971
City Council
Sebastian, Flori-_a-32958
Gentlemen:
The Sebastian Highlands Property Owners Association
voted to ask General Development Corporation to prohibit use of
outboard motors on Schumann Lake. A letter was written by me
making the request.
The follo-,,ving is an excerpt from their answer:
"Assuming that the Association represents a majority of the
owners of property adjacent to Schumann Lake who woulft ne m.est
frequent users thereof, the requested prohibition against the use
of outboard motors on the lake seems to me to be reasonable. I
urge you to address the request for relief to the city of Sebas-
tian for consideration in the form of a -orohibitinp, ordinance.
Such an ordinance, of course, should be proposed and the usual
and appropriate op-nortunity. to be heard extended to all of the
citizens of Sebastian. Ther, rpon the will of all of the people to
,.iThom the privilege of use of the lake is a matter of right will
be taken into account. I know ,you agree that only such an approach
can be effective and avoid the problems of possible complaints from
those persons who may not agree with the prohibition - particular-
ly if done arbitrarily."
Since to my knowledge this lake is privately o-yned
and is not open to the public, I believe the City should advise
General Development Corporation, it is not in their jurisdiction
to propose such an ordinance.
Your hel-o in this matter will be annreciated.
Sincerely