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09-12-1939 Regular Meeting MINUTES -OF THE MEETING OF MIAMI SHORES VILLAGE COUNCIL Sept. 12, 1939 The regular monthly meeting of the Miami Shores Village Council was held on September 12, 1939, in the Village office at 7:30 P. M. Present were Mayor Kitson, Councilmen Frank 0. Pruitt, John J. Lindsey, Stanley Milledge, the Village Attorney and the Village Clerk. Minutes of the meeting of Sept. 1st were read and approved. Minutes of the meeting of September 6th were read and Mr. Milledge suggested that Mr. Lindsey' s nomination of Mr. Anton Skislewicz as member to the Planning Board appear in these minutes. The following explanation as to the with- drawing of this nomination was dictated by Mr. Lindsey "not elegible to appointment under provision of the Ordinance requiring a member of the Planning Board to be a freeholder". Mr. Milledge also asked that the minutes show that Mr. Van der Lyn was nominated upon the suggestion and recommendation of the Mayor. With these additions the minutes of the meeting of Sept. 6th, were approved.. The appeals from the Planning Board' s decision of Mr. Chas. Yuille and Mr. E . G. Carlisle, postponed from last meeting, were brought before the Council. The Clerk read a letter of appeal from Mr. Carlisle. The cubic feet of this proposed building was 17,460 exclusive of garage and servant's quarters and to be constructed in an area zoned at 20,000 cu. ft. This building figured in accordance with the old. Ordinance would still have been 140 cu. ft. below the restrictions. Mr. Milledge thought the restrictions of 20,000 cu. ft. exclusive of garages and servants quarters were a little high in this particular area. Mr. Pruitt thought the Yuille plan and the Carlisle plan were both in the same category and that he would not want to vote against the new zoning Ordinance. Mr. Milledge said he was not in favor of going below the Ordinance in any circumstance, but, however, he would like for the Council to reconsider the Zoning Ordinance in certain aspects. Mayor Kitson stated that it seemed there.might be 2. some of the zones that the Council might want to adjust. Mr. Milledge thought especially in the areas adjoining unrestricted sections should be # adjusted. Upon notion made by Mr. Pruitt, seconded by Mr. Milledge and unanimously carried, the requests of Mr. Yuille and Mr. Carlisle were declined. The next business to come before the Council was the matter of renewing the Village compensation and liability insurance which would expire on an Sept. 24th. Mr. Milledge asked that if men in the insurance business in the Village could write this insurance satisfactory was there any reason r why this shouldn' t be given to a man in the Village, he asked if there were financial reasons why this should not be done. He was advised that there were no financial reasons. Then Mr. Milledge asked if there would be any I chance of the Village saving any money if they asked agents who represent satisfactory companies, who wished to do so, to submit bids on this insurance, Mr. Lindsey brought out that the Village has had some extremely unsatisfact- ory experiences and that the present agendy:' who holds the Village insurance is the only satisfactory agepc.y.., to whom the Village has given its insurance and he thought that along with prices submitted past records and past experiencds should be considered. Mr. Pruitt brought out that service given the Village is the main thing, for example one insurance agent who held the Village insurance did not want the Village Manager to send injured employees to Little River but insisted that they be taken to town and the Village Manager could not put up with this. Mr. Lindsey moved that the Mayor appoint two members of the Council as a committee to investigate all phases of the insurance problem, with power to act, and that Mr. Pruitt be one of this Committee. This motion was seconded by Mr. Milledge and motion was carried. Mr. Pruitt and Mr. Milledge were appointed to this committee by the Mayor. • 3. The Village Clerk reported to the Council that the Bruce Lumber Company had been written regarding the acquisition of the warehouse on Railroad Avenue for municipal purposes but was advised that the man who had charge of this property was on a vacation and was to be back by Sept. 1st but up to the present time no further information had been received. A letter from the owners of seven homes on N.W. 92nd and 93rd Streets concerning defects in construction was brought before the Council. The Clerk reported that in talking with Mr. Nice, who is making survey of the building situation in the Village, that it occurred to him that it might be a good idea to have Mr. Nice look at these houses and include his findings in his report. After some discussion, it being brought out that the Village could not take the responsibility for imperfect building but' could discontinue to grant permits to unreliable builders, Mr. Lindsey moved that Mr. Nice be requested to include in his report to the Council as to the conditions of these houses, this motion was seconded by Mr. Milledge and was carried. Mr. Holt presented Ordinance No. 88 to the Council for their adoption, increasing the membership of the Planning Board from three to five. Upon motion made by Mr. Lindsey and seconded by Mr. Milledge, and unanimously carried, this ordinance was adopted, a copy of same being attached to and made a part of these minutes. Mr. Lindsey said he would like to have the thought of the Council as to whether or not the requirement of the Planning Board Ordinance that each member be a freeholder is a good requirement as the Village might be deprived of the valuable services of an experienced resident who does not own land. Mr. Pruitt thought as long as only free of holders could vote under the charter the Village that this requirement should be left as it is until the next session of the legislature at which time the charter could be amended. ]Wr. Pruitt asked that a memoran-dum be made to have this corrected at the next session of legislature. The Council was advised that both Mr. Van der Lyn and Mr. Wheeler had accepted their 4. appointments to the Planning Board. Mrs. Armour' s plan to build on a fifty-foot lot, Lot 7, - Block 74, was brought before the Council. The Planning Board recommended to the Council that a permit be issued provided Mrs. Armour showed that she al could not obtain addition land. A letter from the owner of the lot next to Mrs. Armour's lot, stated that this owner did not wish to, sell but would buy 25 feet of Mrs. Armour' s lot for $300.00. Mrs. Armour had given her word that she had talked to the owner on the other side of her lot and this owner did not care to sell. Since this plan was submitted to the Planning Board the zoning restrictions in this area have been raised to 20,000 cubic feet. Mr. Lindsey moved that the application be referred back to Mrs. Armour with information and instructions to have plans and specifications prepared and presented to the Planning Board for their action. Mr.Pruitt seconded this motion and it was carried. A list of August Bills in the amount of $1438.94 were presented to the Council. Mr. Milledge. asked if the wreck of the police car was caused by negligence on the part of the policeman driving. The Village Manager explained that this happened early in the morning after the policeman had worked all night and in driving up the Boulevard, a car in front of him stopped very suddenly and the police car plowed into the side of this car. There was $30.00 damage to the other car which was taken care of by the insurance company. The Clerk said he had asked for a report from the policeman as to just what occurred. Mr. Lindsey asked that a notation be made on the McBee Company's invoice that this order was given prior to June 23, 1939. Upon motion made by Mr. Pruitt and seconded by Mr. Lindsey, and unan- imously carried, the August Bills were approved, list of same being 5 attached to and made a part of these minutes. The Mayor advised the Council that he had received a letter about 5:30 P. M. on the day of this meeting addressed to the Mayor and members of the Council from Bessemer Properties, Inc. , signed by Mr. Hawkins and he would like for the Clerk to read same. A copy of this letter is attached .hereto. After the letter was read.)M r. Lindsey moved that the letter be received and filed as peormanent record and copies be furnished each member of the Council for further consideration. Mr. Milledge seconded this motion and it was carried. Lir. Pruitt asked what was going to be done about the golf course not having enough funds to continue the salaries of green's keeper and the four maintenance men longer than Sept. 15th. Mr. Lindsey answered that this was a problem of the Golf Course committee. Mr. Milledge moved that the council advise Bessemer Properties that the letter which was just read embodies a plan not acceptable to the Council and for further communication that no plan is acceptable that involves personality but the Council is willing to negotiate any plan that does not involve personalities. This motion was seconded by Lir. Lindsey but vote was not taken on same. Mr. Lindsey said it is not true and itr!,,,�`�j+r� is known to be not true that this Council or any council ever appointed eAyon•e acceptable to Bessemer Properties. II After considerable discussion as to this letter from Bessemer Prop- erties, Mr. Lindsey moved that this meeting be adjourned. Mr. Milledge wished to have a report and recommendations from the Village Manager concerning some means of garbage disposal other than with the City of Miami at the next meeting of the Council. The Mayor asked that this be number one on the next agenda. Mr. Philip Shaw, former Recreatiori"_Directorj appeared before the Council and stated he had not come to ask for his job back but he would F 6. like to have a good reason why he was dismissed and a letter of recommend- ation to enable him to secure work elsewhere. He said he did not know why he lost his job and he did not know anything about it until he received a call from the Village Manager asking him to go over and help a new instructor who was taking over the job. Mayor Kitson said he personally had no objection to a letter of recommendation. Mr. Shaw asked if he had not the right to ask on what basis he was dismissed. The Village Clerk explained that Mr. Shaw was hired on a temporary basis, leaving each summer to look after his own business and the Village hired him again in the fall ; that there had been several requests for a woman to help out with the girls and- that this young lady, who was hired, came very highly rec- ommended and it was thought she deserved a trial and was put on. After some discussion Mr. Lindsey moved that the Village Manager be instructed to give Mr. Shaw such written reason of his discontinuation of such relation- ship and such recommendation as the Village Manager sees as justified. Mr. Pruitt seconded this motion and it unanimously carried. Mr. Marion Arnold wished to ask a few questions as to the Golf Course in behalf of the golfing crowd. He asked if the Council were going to accept Bessemer Properties terms or if they were going to give a second mortgage to someone else, so the course could be finished and ready for play. He said that this is a half million proposition and the biggest proposition the Village has and that personalities should be forgotten and something done about it; if Bessemer Properties are going to have control of the operating committee and the one man representing the Village has no voice in same that o4an should be as good as another to be on this committee. Mayor Kitson`` explained to Mr. Arnold that the Council has a committee going over these matters with Bessemer Properties and that i there are some little differences yet but we should soon know all the details. Mr. Arnold insisted upon a date that the Course would be open for play. Mr. Kitson advised him that the Village Manager could probably 1 7. give him the nearest date when it would be opened. Mr. Arnold said he had asked the Village Manager and all the Councilmen but he could not get a satisfactory answer. Mr. Milledge thought Mr. Arnold was entitled to a little more explicit answer as to details of this matter, and explained that the Council had appointed 14r. Lindsey and himself to negotiate with Mr. Anderson, Bessemer' s attorney; that a tentative plan had been worked out with Mr. Anderson, which, as far as he knew, met with Mr. Anderson's approval. but that Mr. Anderson could not answer for Bessemer Properties. It had been proposed to change the present arrangement, allowing Bessemer Properties at all times in the life of the mortgage to choose two out of the three men on the Golf Course Committee, this was about two weeks ago and no advise had been received until this letter was received. Mr. Hewett asked if the Council had any source of getting $47,000.00 other than Bessemer Properties. Mayor Kitson replied that they had not looked for any. Mr. Hewett brought out that unless something was done soon, it might be brought to the attention of Washington again, that it was likely, according to information he had from Mr. Shroeder, that the W. P. A. would withdraw, and the prQject would be held up again, and this time it would be for a long time. Mr. Arnold asked again when the course would be opened. He was advised by the Mayor that they were going ahead with everything over there, getting equipment etc. ready to open about Oct. 15th. Mr. Arnold explained that he did no want to be misunderstood that he came only to find out I when this course would be ready for play. Mr. Lindsey said a taxpayer had a perfect right to know what was going on. After which the meeting was adjourned. As Village bianager Clerk APPROVED BY THE COUNCIL Mayor MIAMI SHORES VILLAGE ORDINANCE NO. 88 AN ORDINANCE AMENDING SECTION 2 OF MIAMI SHORES VILLAGE ORDINANCE NO. 40, ENTITLED: "AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A VILLAGE PLANNING BOARD FOR MIAMI SHORES VILLAGE AND PRESCRIB- ING THE POWERS AND DUTIES OF SUCH BOARD AND VESTING IN SUCH BOARD JURISDICTION OVER ALL NEW SUBDIVISIONS OF RE-SUBDIVISION OF LAND WITHIN THE CORPORATE LIMITS OF MIAMI SHORES VILLAGE, AS ARE NOW, OR MAY HEREAFTER BE ESTABLISHED, AND VESTING IN SUCH BOARD JURIS- DICTION OVER THE ARTISTIC, ARCHITECTURAL AND LANDSCAPE DESIGN, PROGRAM AND GENERAL PLAN OF SAID MIAMI SHORES VILLAGE, AND PRO- VIDING FURTHER THAT THE PROVISIONS OF THIS ORDINANCE SHALL NOT i CONFLICT IN ANY WAY WITH THE ZONING ORDINANCE OR LA7JS OF SAID VILLAGE, AND FURTHER VESTING AUTHORITY IN SAID BOARD TO ADOPT A GENERAL PLAN FOR THE ERECTION OR REPAIR OF PRIVATE IISPROVE- MENTS ON PROPERTY LOCATED 71ITHIN THE VILLAGE, DESIGNATING THE DUTIES OF THE BUILDING INSPECTOR WITH RELATION THERETO, AND VESTING IN THE VILLAGE COUNCIL AUTHORITY TO REVERSE THE DE- CISIONS OF SAID BOARD AND PROVIDING FOR THE VILLAGE TO APPRO- PRIATE OR EXPEND MONEY FOR THE NECESSARY EXPENSES OF SAID BOARD, AND FURTHER PROVIDING FOR INTERPRETATION OF ALL ZONING LAMS AND ORDINANCE BY SAID BOARD AND ALL017ING APPEALS THERE- FROM TO THE VILLAGE COUNCIL AND OUTLINING THE PROCEDURE GOVERN- ING SAME, AS AMENDED BY MIAMI SHORES VILLAGE ORDINANCE NO. 44, ENTITLED: "AN ORDINANCE AMENDING SECTION 12 of MIAMI SHORES VILLAGE ORDINANCE NO. 40, ENTITLED: "AN ORDINANCE PROVIDING FOR THE ESTABLISF1,1ENT OF A VILLAGE PUNNING BOARD FOR MIAMI SHORES VILLAGE AND PRESCRIBING THE POWERS AND DUTIES OF SUCH BOARD AND VESTING .IN SUCH BOARD JURISDICTION OVER ALL NEW SUBDIVISIONS OF RE-SUBDIVISIONS OF LAND WITHIN THE CORPORATE LIMITS OF MIAMI SHORES VILLAGE, AS ARE NOW, OR MAY HEREAFTER BE ESTABLISHED, AND VESTING IN SUCH BOARD JURISDICTION OVER THE ARTISTIC , ARCHITECTURAL AND LANDSCAPE DESIGN, PROGRAM AND GENERAL PLAN OF SAID MIAMI SHORES VILLAGE, AND PROVIDING FURTHER THAT THE PROVISIONS OF THIS ORDINANCE SHALL NOT CON- FLICT IN ANY 17AY WITH THE ZONING ORDINANCE OR LAWS OF SAID VILLAGE, AND FURTHER VESTING AUTHORITY IN SAID BOARD TO ADOPT A GENERAL PLAN FOR THE ERECTION OR REPAIR OF PRIVATE IMPROVE- MENTS ON PROPERTY LOCATED WITHIN THE VILLAGE, DESIGNATING THE DUTIES OF THE BUILDING INSPECTOR WITH RELATION THERETO, AND VESTING IN THE VILLAGE COUNCIL AUTHORITY TO REVERSE THE DECISIONS OF SAID BOARD AND PROVIDING FOR THE VILLAGE TO APPROPRIATE OR EXPEND MONEY FOR THE NECESSARY EXPENSES OF SAID BOARD, AND FURTHER PROVIDING FOR INTERPRETATION OF ALL ZONING LAWS AND ORDINANCES BY SAID BOARD AND ALLOI'iING APPEALS THEREFROM TO THE VILLAGE COUNCIL AND OUTLINING THE PROCEDURE GOVERNING SAISE", AND VESTING IN THE PLANNING BOARD FULL AUTHORITY TO ISSUE OR WITHHOLD BUILDING PORMITS AND PROVIDING THAT BUILDING PERMITS FOR THE ERECTION OF ANY STRUCTURE WITHIN THE VILLAGE SHALL NOT BE ISSUED BY THE BUILDING INSPECTOR OR OTHER OFFICIALS OF THE VILLAGE :JITHOUT APPLYING TO THE PLANNING BOARD FOR FULL AUTHORITY SO TO DO OR BY FULLY COMPLYING WITH THE RULES AND REGULATIONS TO BE ADOPTED BY SAID BOARD, AND PROVIDING FOR CERTAIN PROCEDURE TO BE FOLLOWED CONCERNING THE ISSUANCE OR REFUSAL TO ISSUE SUCH BUILDING PERMIT OR PERMITS, AND DECLARING AN EMERGENCY TO EXIST", BY INCREASING THE NUMBER OF THE MEMBERS OF THE PLANNING BOARD FROM THREE TO FIVE MEMBERS, AND PROVIDING FOR THEIR APPOINTMENT AND TERMS OF OFFICE. BB IT ORDAINED BY MIAMI SHORES VILLAGE: SECTION 1. That Section 2 of Miami Shores Village Ordinance No. 40, entitled: "An Ordinance Providing for the Establishment of a Village Planning Board for Miami Shores Village and Prescribing the Powers and Duties of Such Board and esting in Such Board Juris- diction over All New Subdivisions of Re-gubdivisions of Land Within the Corpo -ate Limits of Miami 6hores Village, as are now, or May Hereafter be Established, and Vesting in Such Board Jurisdiction Over the Artistic, Architectural and Landscape Design, Program and General Plan of Said Miami Shores Village, and Providing Further That the erovisions of this Ordinance Shall not Conflict in any Way With the Zoning Ordinance or Laws of Said Village, and Further Vesting Authority in Said Board to Adopt a General Plan for the Erection or Repair of Private Improvements on Property Located Within the Village, Designat- ing the Duties of the Building Inspector With Relation Thereto, and Vesting in the Village Council Authority to Reverse the Decisions of Said Board and Providing for the Village to Appropriate or Expend Money for the Necessary Expenses of said Board, and Further Providing for Interpretation of all Zoning Laws and Ordinances by said Board and Allowing Appeals Therefrom to the Village Council and outlining the Procedure Governing Same" as amended by Miami Shores Village Ordinance No. 44, entitled: "An Ordinance Amending Section 12 of Miami Shores Ordinance No. 40, entitled: "An Ordinance Providing for the Establishment of a Village Planning Board for Miami Shores Village and Prescribing the Powers and Duties of Such Board and Vesting in Such Board Jurisdiction Over all new Subdivisions of Re-subdivisions of Land within the Corporate Limits of Miami Shores Village, as are now, or may Hereafter be established, and Vesting in Such Board Jurisdiction over the Artistic, Architectural and Landscape Design, Program and General Plan of said Miami Shores Village, and Providing Further that the Provisions of this Ordinance Shall not Conflict in any ay With the Zoning Ordinance or Laws of said Villa e, and Further Vesting A uthority in said Board to Adopt a General Plan for the Erection or Repair of Private Improvements on Property Located Within the Village, Designating the Duties of 4 the Building Inspector with Relation Thereto, and Vesting in the Village Council Authority to Reverse the Decisions of said Board and Providing for the Village to Appropriate or Expend Money for the Necessary Expenses of said Board, and Further providing for Interpre- tation of all Zoning Laws and Ordinance by said Board and Allowing Appeals Therefrom to the Village Council and Outlining the Procedure Governing Same", and Vesting in the Planning Board Full Authority to Issue or Vithhold Building Permits and Providing that Building Permits for the Erection of any Structure Within the Village Shall not be Issued by the Building Inspector or Other Officials of the Village Without Applying to the Planning Board for Full Authority so to do or by Fuliy Complying with the Rules and Regulations to be Adopted by said Board, and Providing for Certain Procedure to be Followed Concerning the Issuance or Refusal to issue such Building Permit or Permits, and Declaring an Emergency to Egist", be, and the same is hereby amended to be and read as follows: That the Planning Board of Miami Shores Village shall consist of five members to be appointed by the Council. That the terms of the t' ree members of said Board heretofore appointed and now acting shall in no wise be. affected by this Ordinance and each shall continue to serve as a member of said Board until their respective terms expire and until their successors are appointed and qualified. That the terms for the two additional members on said Board hereby created shall expire February 11th, A.D. , 1940, and until their successors areappointed and qualifiedi and thereafter the terms for said members so described shall b6 for a period of three years. That all of the provisions of said Miai Shores Village Ordinance No. 40 as amended, as aforesaid, including all qualifications, duties, responsibilities and authority shall be fully applicable to said additional members hereby created and except as herein specifically repealed, the remaining provisions of said Section 2 of Miami Shores Village Ordinance No. 40 as amernbd, as aforesaid, as well as all other provisions of said Ordinance shall be and remain in full force and effect. SECTION 2. This ordinance shall be effective immediately upon its passage. PASSED AND ADOPTED this 12th day of September, A. D. , 1939. ATTEST: F. SCOTT KITSON C. LAWTON MCCALL Mayor Village Manager and Clerk 1.317 Biscayne Boulevard Miami September 11, 1939 TO: THE MAYOR AND MEMBERS OF THE MIAMI SHORES VILLAGE COUNCIL Gentlemen: Replying to your application for additional funds necessary for the Village to clear up its indebtedness incurred in oonnection with the golf course, totalling approximately $30,000.00, and an additional amount totalling approximately $17,000.00 for the Village to comply with its contract with the W.P.A. , furnish the club house and provide an operating fund to place the course in operation -- This is to advise that Bessemer Properties, Incorporated is now and has always been willing to comply with its agreement made with the former Village Council to assist the Village in its sponsorship of the golf course under--its contract with the W. P. A. , provided that the present Village Council will in turn comply with the agreement made by the former Council with representatives of Bessemer Properties that any and all members of the Golf Course Committee supervising the expenditre of any funds connected with the construction,maintenance and operation of the Golf Course are satisfactory to Bessemer Properties, and that the present Council will show the same spirit of cooperation with representatives of Bessemer Properties in connection with the golf course as evidenced by the former Council. On August 8th, 1939, the Village Council elected to the Golf C ourse Committee a representative not satisfactory to Bessemer Properties and, in the opinion of the attorneys representing Bessemer Properties, contrary to the agreement entered into between Bessemer Properties, Miami Shores Village and the VV. P. A. , dated March 25th, 1939. Provided that all controversial matters in connection with the legal appointment and personnel of the Golf Course Committee are approved by the representatives of the W. P. A. and Bessemer Properties, this is to advise that Bessemer Properties will advance to the Village funds necessary to clear up the Village' s present indebtednesses incurred in connection with the golf course, totalling approximately $30,000.00, and will advance the additional funds necessary for the Village to complete its contract with the d. P. A. , and further, advance the funds necessary to furnish and equip the club house and provide a fund to place it in operation, the total of all of these advances to be approximately X482000.00; for which Bessemer Properties is willing to accept a second mortgage on the golf course and club house and equip- ment, payable in equal installments over a period of fifteen years, with interest at the rate of 5% per annum, payable semi-annually, which mortgage evidencing and securing this indebtedness is to be payable solely from the revenue of the golf course and club and not in any way impair the credit or taxing power of the Village -- which is the same agreement now existing in connection wit�i the first mortgage totalling $134,518.00. This offer is made as further evidence of Bessemer Propertiest willingness to cooperate with the Village Council and not to be construed in any way as admitting any liability for the debts incurred by the Village, and is made without prejudice to its rights under its existing mortgage and its agreement made with the Village and the W. P. A. , dated March 25th, 1939. For the further information of the Mayor and members of the Village Council and citizens of the Village, Bessemer Properties is not interested in owning the golf course or the foreclosure of its mortgage, except to protect its investment, which is best evidenced by its voluntarily agreeing with the former Village Council and representatives of the W.P.A. to forbear foreclosure sale under its mortgage for a period of ten years under certain circumstances, even though the payments under the mortgage are in default; and this agreement provides for a Committee which has been approved by the till. P.A. , Miami Shores Village and Bessemer Properties to operate the course during this period. This agreement was entered into, .however, with the specific understanding that from its date, March 25th, 1939, Miami Shores Village and the W.P.A. would proceed immediately to complete the golf course without further interruption, and that it would be operated and maintained continuously thereafter by a Committee satisfactory to Besscmer Properties. We wish to call to your attention that provided the golf course is completed as originally planned by the former members of the Village Council, who sponsored the project, upon its completion the W.P .A. will have expended approximately $158,000.00, none of which the Village or anyone else is obligated to repay; and that Bessemer Properties will have furnished all of the money necessary to supplement that furnished by the W.P.A. , totalling approximately $122,000.00, plus land valued at $60,000.00, and made an outright donation of trees, shrubbery and landscapin services valued at at 1 ast $12,000.00, none of which (except the sum of 10,000.00 payable over a period of ten years) is the Village under any obligation to repay from its current funds or receipts from taxes, and not in any way impairing the credit or taxing power of the Village, but payable solely from the receipts of the golf course and club, the successful operation of which can only be obtained by the cooperation of all interested parties. Yours very truly, BESSEMER PROPEkTIES, INCORPORATED By: Roy H. Hawkins RHH:do