06-09-75 JUNE 9~ 1975
A regular meeting of the City Council of the City of Delray
Beach, Florida, was held in the Council Chambers at 7:30 P.M., Monday,
June 9, 1975, with Mayor James II. Scheifley presiding, and City ~nagcr
J. Eldon Mariott, City Attorney Roger Saberson, Council members Andrew
M. Gent, Grace S. Krivos, David E. Randolph and Ron I. Sanson, IV,
present.
1. The opening prayer was delivered by Rev. Roy Forward of the
Ch'ristian Missionary and Alliance Church of Delray Beach.
2. The Pledge of Allegiance to the Flag of the'United States of
~America was given.
3. The minutes of the regular meeting of May 27, 1975, and the
special meeting of June 4, 1975, were unanimously approved on motion by
Mrs. Krivos and seconded by .Mr. Gent.
4.a. Mrs. Sanson' requested an update on the Community Development
Program. The City Manager reported he had nothing to report at this
time.
4.b. Mayor Scheifley reported he had received a call from l~s.
Helen Bardelmeir, 5071 Cleveland Road, Country Club Acres, Delray
Beach, telephone 276-8553, who stated she wished to teach English 'to
Vietnamese refugees in the Delray Beach area. She is apparently highly
qualified, speaks fluent Spanish and Mayor Scheifley requested anyone
who could offer her assistance to accomplish this to do so.
5.a. Mr. Frank Ellis, 553 Jaeger Drive, Delray Beach, spoke con-
cerning the parking of boats, trailers, buses, etc. on the property of
the owners. Mayor Scheifley stated there are ordinances on some of
the items, but reporte~ this ~rob]em is un, er consideration by ~he
Planning and Zoning Board to make recommendations to Council as to
whether or not the ~resent ordinances should be modified.
5.b. Mr. John Ross Adams, Attorney, Delray Beach, Chairman of the
Downtown Development Authority~ asked Council if they would consider
hearing a presentation by ~. Dick Outcalt on a ten year plan for the
development of the downtown area of Delray Beach. Mayor Scheifley
stated he understood the plan has been endorsed by the Beautification
Committee, the Downtown Development Authority and the Directors of the
Chamber of Commerce. Council agreed to schedule the item for workshop.
5.c. Mayor Scheifl~y reported he had received a letter from a young
man from the University of Florida who wishes to do a thesis on the
development of downtown Delray Beach.
6.a. The City Manager reported the City has been in negotiation
with the owners of two pieces of property required for the Florida East
Coast Railway crossing on S.E. 1st Street. One of the parcels needed
is owned by Mr. J. D. Tuller located at the corner of S.E. 2nd Avenue
and the railroad right-of-way at S.E. 1st Street. The City needs to
acquire a 10' right-of-way across this east-west lot (54' in length),
being Lot 18, Block 85, City of Delray Beach. It is recommended that
Council authorize the purchase of this property at a cost of $1800
(appraised at $1900) with money to come from the $600,000 Streets and
Sidewalks Bond Issue. Mr. Gent moved that the City proceed with the
purchase of the property, said purchase to be finalized subject to the
approval of the City Attorney and City Manager at a cost of $1800, with
funds to come from the'S600,000 Streets and Sidewalks Bond Issue,
secoDded by Mrs. Krivos, said motion passing unanimously.
6.b. The City' Manager reported Council, at its last workshop
meeting, decided to consider allocation of $3,000 to the South County
Drug Abuse Foundation, Inc. It is recommended that the funds come
from the Federal Revenue Sharing Funds. Mr. Sanson questioned the
legality of using Federal Revenue Sharing Funds for this purpose and
he reported he had contacted Congressman Rogers' office and talked to
Mr. Mica. lte, in turn, contacted the Federal Revenue Sharing Office
in Washington, and informed Mr. Sanson it would be illegal for the
City to use these funds for such a purpose. It was explained to Mr.
Sanson by.Mr. Mica that the Revenue Sharing Funds can be used to supple-
ment this program, but not to match Federal Funds. The City Manager
reported the Finance Department had stated it was legal to use these
funds since they would not be matching Federal Funds as far as city
projects are concerned. He also stated it is illegal to use Federal
Revenue Sharing Funds to match any other Federal Funds the City receives
for city projects. The City Manager suggested, if any question exists;
that the funds be taken from the General Contingency Fund Account and
use the Federal Funds for another project. Further discussion developed
with Mr. Randolph moving that the City approve the allocation of $3,000
for the South County Drug Abuse Foundation, Inc. with funds to come
from the General Fund Contingency Account, seconded by Mr. Gent, said
motion passing unanimously.
7.a. Mayor Scheifley acknowledged receipt of the minutes of ~he
Beautification Committee for its May 7,1975 meeting.
7.b. The City Manager stated it is reco~ended that Council grant
the request of the First Church of Ckrist, Scientist for permission to
install a directional sign at the S.E. corner of the intersection of
East Atlantic Avenue 'and S.E. 7th kvenue ~o replace lhe sign that was
recently destroyed in the construction of a new building on the S.W.
corner of this location. Mrs. Krivos so moved, seconded by Mr. Ran-
dolph, said motion passing unanimously.
7.c. The City Manager reported the City has received, by letter
dated May 19th, a request from the Oliver-Hoffmann Corporation to extend
their site plan approval~for a period of one year from September 9, 1975
to September 9~ 1976 for the development known as Old Harbor, lying in
the southwest quarter
~e
oz The plan has previously
been extended for one year and the applicant is asking for an additional
year. The Planning and Zoning Board is presently studying this site,
consisting of approximately 25 acres, along with other acreage adjacent
to this property, in which they are considering possible reduction in
zoning from ~-20 to a lesser density. It is recommended Council deny
the request. Mr. Sanson moved to deny the site plan extension for Old
Harbor development, seconded by Mr. Gent, said motion passing unani-
mously.
8.a. The City Manager presented Resolution No. 33'75.
A RESOLUTION OF THE CITY COUNCIL OF THE cITY OF
DELRAY BEACH, FLORIDA, COMMENDING EDITOR GARY
GOODER (DELRAY BEACH NEWS JOURNAL).
(Copy of Resolution No. 33-75 is attached to the official
copy of these minutes.)
~. Gent moved for the adoption of Resolution No. 33-75,
seconded by Mr. Randolph. Upon roll call, Council voted as follows:
Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes;
Mayor Scheifley - Yes.
~.b. The City Manager presented Resolution No. 34-75.
A RESOLUTION OF TIlE CITY COUNCIL' OF THE CITY OF
DELRAY BEACH, FLORIDA, REGARDING THE PU~/CHASE OF
A CENTRAL DICTATION SYSTEM FOR USE BY THE POLICE
DEPARTMENT USING 90% FEDERAL FUNDS.
(Copy of Resolution No. 34-75 is attached to the official
copy of these minutes.)
6-9-75.
105,
It is recommended that Resolution No. 34-75 be adopted which
would authorize the filing of a City application for Federal Grant Funds
in the amount of 90% of the cost of installation of a central dictation
system to be used by the ~Police Department, 5% to be funded by State
Funds, leaving the balance (5%) to be funded by the City for a total of
about $'410. Mrs. Krivos moved that ReSolution No. 34-75 ~be adopted
authorizing the filing of an applicatiOn for the Grant Funds in the
amount of $7,790 to be used with the City funds in the amount of $410,
said funds to come from the Police Department's regularly budgeted
funds, seconded by Mr. Gent. Upon roll call, Council voted as follows:
Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes;
Mayor Scheifley - Yes.
8.c. The City Manager presented Ordinance No. 20-75.
AN ORDINANCE PURSUANT TO THE PROVISIONS OF ARTICLE
VIII, SECTION 2(b) OF THE 1968 FLORIDA CONSTITUTION
AND CHAPTER 73-129, LAWS OF FLORIDA, THE MUNICIPAL
HOME RULE POWERS ACT AND SECTION 447.022, FLORIDA
STATUTES, CHAPTER 74-100, LAWS OF FLORIDA; RELATING
TO LABOR, IMPLEMENTING SECTION 6 OF ARTICLE I OF
THE CONSTITUTION OF THE STATE OF FLORIDA; PROVIDING
TO MUNICIPAL EMPLOYEES THE RIGHT TO ORGANIZE AND
BARGAIN COLLECTIVELY AS TO TERMS AND CONDITIONS OF
EMPLOYMENT; PROVIDING METHOD OF BARGAINING PROCEDURE;
CREATING AND PROVIDING ADMINISTRATION BY THE DELRAY
BEACH PUBLIC EMPLOYEES RELATIONS COMMISSION; PRO-
VIDING FOR CITY COUNCIL REVIEW OF CO~f~ISSION RULES;
DEFINING RIGHTS OF PUBLIC EMPLOYEES AND EMPLOYERS;
PROVIDING FOR AND CONDITIONS ON PAYROLL DUES DEDUCTION;
PROVIDING RULES AND PROCEDURES FOR REGISTRATION,
RECOGNITION AND CERTIFICATION OF EMPLOYEE ORGANIZA-
TIONS AND BARGAINING AGENTS; PROVIDING PAYMENT OF
FEES AND EXPENSES IN COLLECTIVE BARGAINING PPOCESS~
PROViDiNG GRIEVANCE ............. ~~T~
FOR RESOLU'PION OF IHPASSE; PROVIDING FACTORS TO BE
CONSIDERED BY THE SPECIAL ~SASTER; PROVIDING FOR COM-
PENSATION ~D RECORDS; ESTABLISHING UNFAIR LABOR
PP~CTICES BY EMPLOYERS AND EMPLOYEE ORGANIZATIONS;
PROVIDING PROCEDURES TO RESOLVE UNLAWFUL ACTIONS AND
PRACTICES; ESTABLISHING PENALTIES AND REMEDIES;
PROVIDING INJUNCTIVE RELIEF; PROVIDING EFFECT ON MERIT
AND CIVIL SERVICE SYSTEMS AND STATE AND LOCAL CONTROL
OF SAME; ADOPTING THE PROVISIONS OF ~447.023, FLORIDA
STATUTES, AS A PART HEREOF; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONTINUED EFFECTIVENESS OF EXISTING
AGREEMENTS; PROVIDING AN EFFECTIVE DATE.
(Copy of Ordinance No. 20-75 is attached to the official
copy of these minutes.)
The City Manager read the caption of the ordinance. A
Public Hearing was held, having been legally advertised in compliance
with the laws of the State of Florida and the~Charter of the City of
Delray Beach. There being no objections, the Public Hearing was closed.
Mr. Gent moved for the adoption of Ordinance No. 20-75 on
second and final reading, seconded by Mr.-Sanson. Upon roll call,
· Council voted as follows: ~. Gent - Yes; Mrs. Krivos - No; Mr. Ran-
dolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion
passed witt[ a 4 to 1 vote.
8.d. The City Manager presented Ordinance No. 21-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CItY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY PORTIONS OF LOTS
33 AND 34, DELRAY BEACH SHORES, WHICH LAND IS
6-9-75.
CONTIGUOUS TO EXISTING MUNICIPAL LI~.~ITS OF SAID
CITY; REDEFINING THE BOUNDARIES OF SAiD CITY
TO INCLUDE SAID L~qD; PROVIDING FOR THE RIGHTS
AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR
THE ZONING THEREOF.
(Copy of Ordinance No. 21-75 is attached to the official
copy of these minutes.)
A sketch was shown depicting the property involved for
annexation. A Public Hearing was held, having been legally advertised
in compliance with the laws of the State of Florida and the Charter of
the City of Delray Beach. There being no objections, the Public
Hearing was closed.
Mr. Gent moved for the adoption of Ordinance No. 21-75 on
second and final reading, seconded by Mr. Randolph. Upon roll call,
Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr.
RandOlph - Yes; Mr. Sanson ~ Yes; Mayor Scheifley - Yes.
8.e. The City Manager presented Ordinance No. 24-75.
AN ORDINANCE OF THE CITY COUNCIL OF TILE CITY OF
DELRAY BEACH, FLORIDA, REZONING AND PLACING LOTS
1 THROUGH 10, BLOCK 4, SOUTHRIDGE SUBDIVISION,
AN'AREA LOCATED IN S~CTION 20~,-TO~S~IP 4.6 SOUTH,
RANGE 43 EAST, LYING SOUT~ OF DIXIE BOULEVARD,
NORTH OF COUNTY PROPERTY, AND WEST OF SOUTH SWINTON
AVENUE IN "MI MEDIUM INDUSTRIAL DISTRICT" AND
AMENDING "ZONING ~.~P OF DELRAY BEACH, FLORIDA,
1972".
The City Manager reported the Planning and Zoning Board
unanimously recommended rezoning Lots 1 through 10, Block. 4, Southridge
Subdivision- an area located in Section 20-46-43, iyin9
Boulevard, north of county property, and west of South Swinton Avenue
from R-lA (Single FDmily) to MI (Medium Industrial). A sketch was
shown depicting the location of the property. ~s. Krivos moved for
the passage of Ordinance No. 24-75 on first reading, seconded by b~.
Randolph.
Mr. James Swinford, 217 Southridge Road, Delray Beach, ~poke
against the rezoning of the property, citing the noise and hazards
created by the cranes used in the business on the property. He pointed
out this is the only business on the street. ~s. Gajewski, 301
Southridge Road, Del. ray Beach, complained of the noise, garbage and
nuisance created by this business. Mr. John Ross Adams, representing
Mr. Michael Botos, stated the business has been located on the property
for at least ten years, and Maule Industries is located to the south
of the business. Mr. Adams requested the Public Hearing be held on
the second reading of the ordinance. He pointed out the property has
been zoned commercial for about ten years and when the Land Use Plan
was prepared, the property was zoned residential. Mr. Mark Mann, 405
Southridge Road, Delray Beach, stated there is not room for one of the
cranes and a passenger car to pass on the street. The City Manager
said he would check on the complaints of the speed of the cranes, etc.
Mr. Gent pointed out that Swinton Avenue is one way at this location
and the only way the cranes can exit is through Southridge Road. Upon
roll call, Council voted as follows: Mr. ~ent - Yes; Mrs. Krivos - Yes;
Mr. Randolph - Yes; ~.~. ~anson - Yes; Mayor Scheifley - Yes. On the
advice of the City Attorney, the City Manager read the caption of the
o~dinance and the motion was remade. Mrs. Krivos moved for the adoption
of Ordinance No. 24-75 on first reading, seconded by Mr. Randolph. Upon
roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes;
Mr. kandolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. Mayor
Scheifley announced there will be a formal public hearing on this item
on. July 14, 1975.
6-9-7 5.
9.a. City Manager MarJ. ott reported thc Planning arid Zoning Board
~t---~ meeting held on May 20th recommended by unanimous vote that a
tract of land located in th~ vicJ. nity of S.W. 10th [;ljrc(-~t a~]d Germantown
Road, Owned by Joseph Rocchio, being Lots ]. and 2, ]...Jiu~].c oubdivision,
1014-1022 S.W. 10th Street, De!troy Beach, be rezoned{ from RM-].5 (Multiple
Family) to LI (Light Industrial). A sketch was shorn] depicting the
location of the property. The next item on the agenda (9.b.) is a
request to rezone property adjacen~ to the Rocchio property. A sketch
was shown depicting the second parcel. Mr. Jo]m Roms Adams explained
Council had requested Mr. Rocchio to obtain the approval of the second
parcel's owner, Dallas E. Dailey, to rezone his pro[,erty at the same time
to eliminate spot zoning. The Planning and .Zoning ]~oard has reco~mnendcd
unanimously to rezone this parcel also. The DaJ. ley property is located
J.n the west quarter of Lot 29, Section 20-46-43, 1102-1130 S.W. 10th
Street, Delray Beach. Mr. Dan Kotulla, P].a~ning Director, and Mr.
'i~ore'Wallin, Chairm~n of the Planning and Zoning Board, spoke to the
subject. The City Manager .r.eported the rezoning of these two parcels
d]_~.~.]_icts directly to
would be an addition to existing Light Industrial '
the west of the parcels. ~. Gent moved that City Council di:3ect the .'
City Attorney to prepare an ordinance rezoning the two subject proper~le:~,
seconded by ~. Randolph, said motion passing unanimously. ~.~
9.b. Handled in above item.
9.c. The 'City Manager reported the Planning a.~d Zoning Board
at a meeting held on May 20th reco~ended by unanJ, mou.s vote that Council
approve three conditional uses at the Delray Mall Shopping Center,' Phase
II, the three uses being: 1 - Co~uercial recreation facilities within
an enclosed mall, excluding billiard and pool facilities; 2 - package
liquor store; and 3 - shoe repair shop. Mr. Sanson moved tha~ the
three conditional uses as outlined above be granted for conditional use
approval in Delray Mall Shopping Center, Phase II, seconded by 1'4r. Gent,
said motion passing unanimously. [
Bills for Approval. 5,~s. Krivos moved to ~z, ay the DL:.is v?~'t:~ L_ne c'?~::.,..'.i.-,-
tion of Check No. 10519 under the General Fund, seconded by i.':r. GenL:. J
Discussion ensued af:ong Council members concerning the item in question.
The City Manager stated he had received the addend'~:~ at 5:00 P.~,~. today
which .was a result of the IB~,i computer being out of service. ~,:r. John
Ross Adams stated the Charter Committee had or~g~n~..uly reques~ted $1,000
for the services of ~,:r. G. Robert Fellows; an additional $1,000 was
approved by Council for the completion of the projact. He s~id
Cha:rter Co~ittee had recoi~ended the payment of the bill from
Fellows in the amount of $1,475.00, although neither the Committee.no::
the Council had authorized thst amount. Mr. S~nson moved to
the motion to pay $1,000 maximum. ~-. Gent refused to accept the
~mendment. Upon roll call, Council voted as follows: Mr. ~ent - Yes; '1
Mrs. 'Krivos- Yes; Mr. Randolph ~ No; ~. Sanson- Yes; Mayor Scheiflcy-
No. The ~otion passed with a 3 to 2 vote. Mr. ~ent ~oved thxt ~r. ~.
Robert Fellows be paid $1,000 as contracted for as attorney for the :
Charter Co~uission, seconded by ~. Ssnson. Upon roll c~ll, Counci].
voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - No;
i,~. Sanson - Yes; Mayor Scheifley - No. The motion passed with a 3 to
2 vot. e.
General Fund ............. $ 311,987.58
Water and Sewer Fund ..... . .... 1,104,539.27
Utility Tax Fund ........... 30,568.33
Refundable Deposits Fund ....... 11,000.00
Improvement Trust Fund ........ 60,139.86
Beach Restoration Fund ........ 42,230.00
Federal Revenue Sharing Fund ..... 47,622.05
The meeting was adjourned at 8:55 P.M.
APPROVED: ' c,, CitY Cler'~
'~,
6-9-75.
RESOLUTION NO. 33-75
A RESOLUTION OF 'I'tIE CITY COUNCIL OF THE CITY
OF DELRAY BEACH FLORIDA, COM~MEND.LNG EDITOR
GARY GOODER (DELP~AY BEACH NA~S JOU~q~).
~EREAS, GARY GOODER, Editor of the Delray Beach News Journal, has
unselfishly given of his time and ability to serve the co--unity for over
twenty years, and,
~EREAS, GARY GOODER started in the newspaper business with the
Delray Journal in 1953, and said newspaper no longer exists; and, -
WHEREAS, over five years ago, there began a probationary period
for said GARY GOODER as Editor of the Delray Beach News Journal, which
newspaper has survived in spite of him; and,
WHEREAS, to protest the establishment, the same GARY GOODER did
grow a beard several years ago; and,
WHEREAS, the establishment has also survived him, as has the Delray
Beach City Council; and,
WHEREAS,~ his good and patient wife is tired, of hearing that.he is
"going to Council meeting" on Monday nights; and,
WHEREAS, despite the fact that he spent most of his time drinking
coffee at the local dime store, the dime store has also survived; and,
WHEREAS, GARY GOODER, Editor of the Delray Beach News Journal is
leaving the area in favor of Franklin, North Carolina, and a magazine called
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COL~CIL OF THE CITY OF
DEL~Y BEACH, FLORIDAf
Section 1. That GARY GOODER is hereby co--ended for his decision
to leave the area, and thereby promote and upgrade the general welfare of
the city of Delray Beach, Florida.
Section 2. That G~Y GOODER will receive a one-year subscription
to the NF~; Delray Beach News Journal, which, it is hoped, he will some~ay
learn to read.
Section 3. That, after a'll is said and done, GARY GOODER is hereby
truly co--ended for his very outstanding contributions and generous efforts
to maintain and upgrade the general welfare of the City of Delray Beach,
Florida, as Editor of the Delray Beach News Journal.
PASSED ~D ADOPTED unanimously on this 9th day of June, 1975.
r// C~t7 Clerk
10PA
RESOLUTION NO. 34-75.
A RESOLUTION OF THE cITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REGARDING THE PURChaSE
OF A CENTRAL DICTATION SYSTEM FOR usE BY TIlE
POLICE DEPARTmeNT USING 90% FEDERAL FUNDS.
WHEREAS, the City Council of the City of Delray Beach herein called
he "Applicant", after thorough consideration of the problem and available
ara, has hereby dete£mined that the project described below is in the
est interests of the general public: Purchase of a central dictation
~ystem for law enforcement purposes; and,
WHEREAS, under the terms of Public Law 90-351 as amended, the United
States of America has authorized the Law Enforcement Assistance Administra-
tion, through the Florida Governor's Council on Criminal Justice, to make
Federal Grants to assist local governments in the improvement of criminal
justice; and,
WHEREAS, the Applicant has examined and duly considered sUch Act and
the Applicant considers it to be in the .public interest and to its benefit
to file an application under said Act and to authorize other action in
connection therewith,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the project generally described above is in the best
interests of the Applicant
Section 2. That J. Eldon Mariott, City Manager, be hereby authorized
to file in behalf of the Applicant an application in the form prescribed
by the Florida Governor's Council on Criminal Justice in conformity with
said Act, for a grant to be made to the Applicant to assist in defraying
the cost of the project generally described above.
Section 3. That if such grant be made, the Applicant shall provide
or make necessary arrangements to provide such funds and/or in-kind con-
tributions in addition to the grant as may be required by the Act to defray
the cost of the project generally described above.
Section 4. That the Applicant is aware that at least fifty percen, t
(50%) of the minimum required non-federal cost of the project, be appro-
priated cash and that such funds designated as local hard cash' contributions
in all related project budget schedules that are to be provided by the
pplicant are hereby appropriated new funds for Criminal Justice use for
he express purpose of matching the LEAA funds.
Section 5. That the cost of this system will be $8,200 with ninety
~.ercent (90%) or $7,380 to come from Federal Funds; five percent (5%) or
$410 to come from State Funds; and the remaining cost to be paid from the
City's General Revenue Fund.
~ Section 6. That said J. Eldon Mariott, City Manager, is hereby author-
ized to furnish such information and take such other action as may be
necessary to enable the Applicant to qualify for said c~ant.
Section 7. That the Official designated in the preceding paragraph
is hereby designated as the authorized representative of '.he Applicant for
the purpose of furnishing to the Florida Governor's Council on Criminal
Justice such information, data and documents pertaining to the application
for said grant as may be required and otherwise to act as the authorized
representative of the Applicant in connection with this application.
108B
Section 8. That certified copies of 'this resolution be included as
part of the application for said grant to be submitted to the Florida
Governor's Council on Criminal Justice.
Section 9. That if such grant be made~ the Applicant or Official
designated in paragraph 6 above shall maintain such records necessary and
furnish such information, data and documents as required by the Florida
Governor's Council on Criminal Justice to support the 'implementation of
the project generally described above.
Section 10. That this reso].ution shall take effect immediately upon
its adoption.
PASSED AND ADOPTED in regular session on this the 9th day of June,
1975.
'city Clerk
Res. No. 34-75.
108C
ORDINANCE NO. 20-75
An Amendmen~ to Ordinance No. 68-74
AN ORDINANCE
TO BE ENTITLED:
AN ORDINANCE PURSUANT TO THE PROVISIONS OF ARTICLE
VIII, SECTION 2(b) OF THE 1968 FLORIDA CONSTITUTION
AND CHAPTER 73-129, LAWS OF FLORIDA, THE MUNICIPAL
]{OME RULE POWERS ACT AND-SECTION 447.022, FLORIDA.
STATUTES, CHAPTER 74-100~ LAWS OF FLORIDA~ RELATING
TO LABOR, IMPLEMENTING SECTION 6 OF ARTICLE I OF
THE CONSTITUTION OF THE STATE OF FLORIDA; PROVIDING
TO MUNICIPAL EMPLOYEES THE RIGHT TO ORGANIZE AND
BARGAIN COLLECTIVELY AS TO TE~S AND CONDITIONS OF.
EMPLOYMENT; PROVIDING METHOD OF BARGAINING ~PROCEDURE;
CREATING AND PROVIDING ADMINISTRATION BY THE DELRAY
· - BEACH PUBLIC EMPLOYEES RELATIONS CO~AMISSION;
PROVIDING FOR CITY.COUNCIL REVIEW OF COMMISSION
RULES; DEFINING RIGHTS OF PUBLIC EMPLOYEES AND
EMPLOYERS; PROVIDING FOR AND CONDITIONS ON PAYROLL
DUES DEDUCTION; PROVIDING RULES AND PROCEDURES FOR
REGISTRATION, RECOGNITION AND CERTIFICATION OF EMPLOYEE
ORGANIZATIONS AND BARGAINING AGENTS; PROVIDING
PAYMENT OF FEES AND EXPENSES IN COLLECTIVE BARGAINING
PROCESS; PROVIDING GRIEVANCE PROCEDURES; PROVIDING
PROCEDURES FOR RESOLUTION OF IMPASSE; PROVIDING
FACTORS TO BE CONSIDERED BY THE SPECIAL MASTER;
PROVIDING FOR COMPENSATION AND RECORDS; ESTABLISHING
UNFAIR LABOR PRACTICES BY EMPLOYERS AND EMPLOYEE
ORGANIZATIONS; PROVIDING PROCEDURES TO RESOLVE
UNLAWFUL ACTLONS AND PRACTICES; ESTABLISHING
PP:NAI,5~?[I.~:S AND REMEDIES; PROVJlD]NG INJUNCTIVE
RELIEF; PROVIDING EFFECT ON $~RIT AND CIVIL
SERVICE SYSTEMS ~ND STATE AND LOCAL CONTROL OF
· SA$~; ADOPTING THE PROVISIONS OF §447.023, FLORIDA
STATUTES, AS A PART HEREOF; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONTINUED EFFECTIVENESS OF EXISTING
AGREEMENTS; PROVIDING AN EFFECTIVE DATE.
Be it known that:
WHEREAS an implementation of Section 6, Article i of
the C~nstitution of the State of Florida is necessary to
promote harmonious and cooperative relationships between
government and its employees, and to protect the public by
assuring at all times the orderly and uninterrupted operations
and functions of government; and
WHEREAS the encouragement or discouragement, in any
way, of a public employee organization will interfere with a
public employee's right to 5elong to such an organization or
refrain.from so doing; and
WHEREAS public employee strikes and other improper
actions by public employees interfere with the proper rendering
'of public service and lead to turmoil and disruption in
governmental functions and services, and the lack of statutory
precautions, such as the failure to exclude'managerial
employees and supervisory employees from an employee organization
render a public employer extremely vulnerable to an illegal
strike; and
10SD
WHEREAS the first duty of a public employer is not
profit but reliable and continuous service to the citizens
which established it~ and
~EREAS the public employer's duty of service includes,
as an economic consideration, maintaining a proper level of
taxation and other financial assessments; and
WHEREAS the harm caused by ah illegal strike against a
public service or facility has a pervasive effect on the
lives of every citizen because of its disruption of basic
governmental functions; and '
WHEREAS a local commission established by a political
subdivision is best suited to assess the economic and other
factors that influence the alternatives available to a
public employer and its 'employees; and
WHEREAS Section 447.~22 of the Public Employment Relations
Act, a part of Chapter 74-100, Laws of. Florida provides for
the adoption of a .local ordinance, resolution, or charter
amendment, in lieu of the state Public Employment Relations
Act; and
WHEREAS the provisions of Article VIII, Section 2(b),
of the 1968 Florida Constitution and Chapter 73-129, Laws of
Florida,'the Municipal Home Rule Powers Act, authorize the
adoption of local ordinances of this nature;
NOW, THEREFORE, in the interest of the betterment of
relations between the City of Delray Beach and its employees.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY
1.001 Statement of policy. -- It is declared that the
public policy of the City of'Delray Beach and the purpose of
this ordinance is to provide implementation of Section 6,
Article I of the Constitution of the State of Florida,
pursuant to the provisions of Article VIII, Section 2(b) of
the 1968 Florida Constitution and Chapter 73-129, Laws of
Florida, the Municipal Home Rule Powers Act and Section
· 447.022, Florida Statutes, and to promote harmonious and
cooperative relationships between government and its employees,
both collectively and individually, and to protect the
public by assuring, at all times, the orderly and uninterrupted
operations and functions of government. It is the intent of
the City Council that nothing herein shall be construed to
either encourage or discourage'organization of public employees.
These policies are best effectuated by:
(1) Granting to public employees the right of organiza-
tion and representation;
(2)- Requiring the City of Delray Beach to negotiate
with bargaining agents duly certified to represent public
employees;
(3) Creating a public employees reiations commission
to assist in resolving'disputes between public employees.and
the City; and
(4) Recognizing the constitutional prohibition against
strikes by public employees'and providing remedies for
vio~ati.ons of such Prohibition.
~'108E
1.002 -- Definitions - As used in this ordinance:
(I) "Commission" means the public employees relations
commission created by 'Section 1.003 of this ordinance.
· (2) "Public employer" or "employer" means the City of
Delray Beach and any subdivision or agency thereof which the
commission determines has sufficient legal distinctiveness
to properly carry out the functions of a public employer.
(3) "Public employee" means any person employed by the
City of Delray Beach and any subdivision or agency thereof.
except (a) those persons elected by the people,, agency
heads, members of boards and commissions, (b) individuals
acting as negotiating representatives for employer authorities,
(c) persons who are designated as managerial or confidential
employees pursuant to criteria contained'herein upon application
of the public employer to the public employees relations
commission.
(4) "Managerial~employees" are those employees generally
having authority in the interest of the public employer who
(a) formulate policy which is applicable throughout the .
bargaining unit, or (b) may reasonably be required on behalf
of the employer to assist directly in the preparation for
and conduct .of collective bargaining negotiations or to have
a major role in the administration of agreements resulting
therefrom, or (c) have a significant role J.n personne1
administration or in employee relations, and in the preparation
and administration of budgets for any public agency or
institution or subdivision thereof, provided, that said
roles are not of a routine, clerical or ministerial nature
and require the exercise of independent judgment. In determining
whether an individual,is a managerial employee, the com~mission
shall consider the historic relationship of the emp].oyee to
the public employer and to co-employees.
(5) "Confidential employees" are persons who. act'in a
confidential capacity to assist, or aid managerial employees
as defined in 1.002(4) of this ordinance.
(6) "Strike" means the concerted failure to report for
duty, the concerted absence of employees from their positions,
the concerted stoppage of work, the concerted submission of
resignations, the concerted abstinence in whole or in part
.by any group of employees from the full and faithful performance
· of the duties of employment with a public employer, for the
purpose of inducing, influencing, condoning or coercing a
change in the terms and conditions of employment or the
rights, privileges, or obligations of public employment or
· participating in a deliberate and concerted course of
conduct which adversely affects the services of the public
employer, the concerted failure to report for work after the
expiration of a collective bargaining agreement and picketing
in furtherance of a work stoppage.
(7) "Bargaining unit" means either that unit determined
by the commission, or that unit determined by the public
employer and the public employee organization and approved
by the commission to be appropriate for the Purposes of.
collective bargaining, provided however that no bargaining
unit shall be defined as appropriate which includes employees
of two employers that are not departments or divisions of
the City or subdivision or agency thereof.
(8) "Chief executive officer" for the public employer
'shall mean the person whether elected or appointed who is
responsible to the legislative body of the public employer
for the administration of the governmental affairs of the
public employer..
,' 108F
(9) "Legislative body" means the governing body of '~he
public employer unless the public employees relations commission
· de~ermines that a unit or subdivision thereof havixUg authority
~o appropriate funds and estab].ish policy governing the
terms and conditions of employment and which, as the case
may be, is the appropriate legislative body for the bargaining
unit.
(10) "Employee organization" or "organization" means
any labor organization, union, association, fraternal order,
occupational or professional society, or.group, however
organized or constituted, which represents or seeks to
represent any public employee or group, of public employees
· concerning any matters relating to their employment relationShip
with a public employer.
(11) "Bargaining agent" means the employee organization
which has been certified by the commission as representing
the employees in the bargaining unit as provided in Section
1.009, or its representative.
(12) "Budget submission date" means the date by' which,
under law or practice, a public employer's budget, or a
budget containing proposed expenditures applicable to such
public employer, is submitted to or is considered by the
legislative body or other similar body of government for
final action, or in the absence of any annual budget,· the
date upon which an annual appropriation ordinance, resolution,
or law, for the ensuing fiscal year is required to be introduced
before such legislative body, for final action.
(13) "Professional employee" means:
(~) Any emp.loyee'engaged in works in any two o~ more"
~f the fol!o~ing categories:
1. Predominantly intellectual and varied in character
as opposed to routine mental, manual, mechanical or physical
work;
2. Involving the consistent exercise of discretion
and judgment in its performance;
3. Of such a character that the output produced or
the result accomplished cannot be standardized in relation
to a given period of time; and
4. Requiring'advanced knowledge'in a field of science
or.learning customarily acquired by a prolonged course of
specialized intellectual instruction and study in an institution
of higher learning or a hospital, as distinguished from a
general academic education, an apprenticeship or training in
the performance of routine ~ental or physical processes; or
(b) Any employee who:
1. Has completed the course of specialized intellectual
instruction and study described in subparagraph 4 of paragraph
(a) , and
2 Is performing related work under supervision of a
professional person to qualify himself to become a professional
employee as defined in paragraph (a).
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108G
~14) "Collective bargaining" means the performance of the
mutual obligations of the public employer and the bargaining agent
of the employee organization to meet at reasonable times, to nego-
tiate in good faith and to execute a written contract with respect
to agreements reached concerning the terms and conditions of
employment, except that neither party shall be compelled to agree
%o a proposal or be required to make a concession unless otherwise
provided in this ordinance.
(15) "Membership dues deduction'' means the practice of a
public employer of deducting dues and uniform assessments from the
salary or wages of a public employee upon the presentation to the
public employer of cards authorizing the deduction of dues, s~gned
by such individual public employee. Such term also means the practice
of a public employer of transmitting the sums so deducted to such
employee organization.
(16) "Civil Service" means any career, civil or merit system
used by any public employer.
'1.003 -- Public employees relations commission --
(1) There is hereby created and established a public employees
relations commission, hereinafter referred to as the "commission".
The commission shall be composed of three (3) members to be appointed
by. the City Council, from persons representative of the public,
known for their'objective and independent judgment, and who shall
not be employed by or hold any commission with any governmental
unit in the state or any employee organization as defined in this
ordinance. The City Council shall designate one (1) member as
chairman. Members shall serve for a .term of four (4) years, except
that beginning on the passage hereof, one ~1) member shall be
appointed for a term of two (2) years, one (1) member for ·~hree (3)
years, and one (1) member for four (4) years. A vacancy for the
u~p~rea term of a membe~ sh~!! be filled in thc same manner as
herein provided for an original appoin~cr~ent. The presence of'two
(2) members shall constitute a quorum of any called meeting of the
commission. The con~ission in the performance of its duties and
powers under this Ordinance shall not be subject to the control,
supervision, or direction by the City Manager or City Council.
(2) The chairman and the remaining members of the commission
shall devote such time as is necessary to the performance of their
duties hereunder, and shall be compensated as established by resolu-
tions adopted by the City Council from time to time. The chairman
and other members shall also be reimbursed for reasonable expenses
under this ordinance as provided for in Section 112.061, Florida
Statutes. The chairman shall be responsible for the administrative
functions of the commission and shall have the authority to employ
such personnel as may be necessary to carry out the .provisions of
this ordinance. Until such time as the commission has submitted a
budget which is funded by the City Council, the con~ission shall,
upon request of the chairman to the City Manager, have its fiscal
needs provided for by appropriations from the unappropriated surplus.
1.004 -- Commission; powers and duties --
(1) After public hearing, the commission shall adopt, promulgate,
amend, 'or rescind such rules and regulations.'as it deems necessary and
administratively feasible {o carry out the provisions of this ordi-
nance, in accordance with Chapter 120, Florida Statutes.
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i08H
(2) To accomplish the objecti?es and %o carzy out the
duties prescribed by this ordinance, the commission may
subpoena witnesses, may issue subpoenas to requir~
production of books, papers, records, and documents which
may be needed as evidence.of any matter under inquiry, and
may administer oaths and affirmations.
(3) In cases of neglect"or refusal to obey a subpoena
issued to any person, the circuit court of the county in
which the investigstions or the public hearings are taking'
place, and upon application by the commission, may issue an
order requiring such person to appear before the commission
and produce evidence about the matter under investigation.
A failUre 'to obey such order may be punished by the court as
a contempt.
(4) Any subpoena, notice of hearing or other process
or notice of the commission issued under.the provisions of
this ordinance shall be served personally or by certified
mail. A return made and verified by the individual making
such service and setting forth the manner of such service is :
proof of service and a returned post office .receipt, when
certified mail is used, is proof of service. All process of
~any court to which application may be made under the pro-
visions of this ordinance shall be serve~ in the county
wherein the persons required to be served reside or may be
found.
(5) The co~nission shall adopt rules as to 'the quali-'
fications of persons who may serve as mediators and special
masters, shall maintain lists of such qualified persons who
are not employees of the commission and shall initiate
dispute resolution procedures by special masters pursuant to
the provisions of this ordinance.
(6) Pursuant to its ~stablished procedures, the
commission shall resolve questions and controversies concerning
claims for recognition as the bargaining agent for a bargaining
unit, determine or approve units appropriate, for purposes of
collective bargaining and investigate charges of engagement.
in prohibited practices, and charges of striking by public
employees.
1.005 -- Public employer's-rights ~- It is the right of
the public employer to determine unilaterally the purpose of
each of its constituent agencies, set standards of services
.. to be offered to the public, and exercise control and discretion
over its organization and operations. It is also the right
of the public employer to direct its employees, take. disciplinar~
action for proper cause, and relieve its employees from duty
..because of lack of work or for other legitimate reasons,
.. provided, however, that the exercise of such rights shall
not preclude employees or their representatives from raising
grievanceS, should decisions on the above matters have the
practical consequences of violating the terms and conditions
of any collective bargaining agreement in force, or civil or
career service regulation.
1.006 -- Public employees' rights; organization and
'representation ---
(1) Public employees shall have the right ~o form,
join, and participate in, or to refrain'from fo~ming, joining,
or participating in any emPloyee organization of their own
choosing.
108I
(2) Public employees shall have the right to be repre-
sented by any employee organization of their own choosing,
~.o negotiate collectively through a certified bargaining
· agent with their public employer in the determination of the
terms and conditions of their employment, and to be represented in the determination of grievances arising thereunder.
Public employees shall have the right to refrain from exercising
the right to be represented.
(3) Nothing in this ordinance shall be construed to
'prevent any public'employee from presenting, at any time,
his own grievances,, in person or by legal counsel, to his
public employer, and having such grievanc.es adjusted.without
the intervention of the bargaining agent, if the adjustment
is not inconsistent with the terms of the collective bargaining
agreement then in effect and if the bargaining agent has
~een given reasonable oppOrtunity to be present at any
meeting called for the r.esolution of such grievances.
1.007 -- Dues; deduction and collection -- Any employee
organization which has been certified as a bargaining agent
shall, upon request, have its dues and uniform assessments
deducted and collected by the employer from the salaries of
those employees who authorize the deduction of said dues and
uniform assessments; provided that such ~uthorization is
revocable at the employee's will upon.thirty (30) days
written notice to the employer and employee organization;
provided that reasonable costs to the employer of such
deductions shall be a proper subject of collective bargaining.
Such deduction shall be in force during the term of the
collective bargaining agreement. The public employer is
expressly prohibited from any involvement in the collection
of fines, penalties or special assessments.
1.008 -- Registration of employee organization -r
......... ~ .... ~ ..... '~'- ~±or to requestin9
recognition by a public employer or prior to submitting a
petition to the commission for purposes of requesting a
representation election, shall adopt a constitution and by-
laws and shall register with the commission by filing a copy
thereof, together with an annual report in a form prescribed
by the commission, and an amended report whenever changes
are made, which shall include:
(a) The name and address of the organization and o~
any parent organization or organization with which it is
affiliated;
(b) 'The names and addres§es of the principal officers
and. all representatives of the organization;
(c) The amount, of the initiation fee and of the monthly
dues which members must pay;
(d) The current annual financial statement of the
organization;
(e) The name of its local agent for service of process
and the address where such person can be reached; and
(f) A pledge, in a form prescribed by the commission,
that the employee organization will conform to the laws of :
the City and state and that it will accept members without
regard to age, race, sex, r~ligion, or national origin.
10'8J
(2) Every employee organization shall file annually
with the commission a financial report: signed by its president
and treasurer or corresponding principal officers containing
the'following information in such detail as may be necessary
accurately to disclose its financial condition and operation
for its preceding fiscal year;
(a) assets and liabilities at t]~e begJ.Dning add end of
the fiscal year;
(b) receipts of any kind and the sources thereof;
(c) salary, allowances, and other direct or 'indirect
disbursements (including reimbursed expenses) to each officer
and also to each employee who, during such fiscal year,
received more tkan $10,000 in the aggregate from such employee
organization and any other employee organization affiliated
with it or with which it is affiliated, or which is affiliated
with the same national o~ international employee organization;
(d) direct and indirect loans made to any officer,
employee, or member, which aggregated more than $250 during
the fiscal year, together with a statement of the purpose,
sec'urity; if any, and arrangements for repayment; and
(e) direct and indirect loans to any. business enterprise,
together with a statement of the purpose, security, if any,
and arrangements for repayment;
all in such categories as the commission may prescribe.
(3) A registration fee shall accompany the initial
report filed with the commission. Such money shall be used.
to de~ray the c~s~ .of.registration and investigation of the
general revenue fund. The amount charged for registration
shall not exceed fifteen dollars ($15).
(4) Every employee organization shall keep accurate
accounts of its income and expenses which accounts shall be~
open for inspection by any ~nember of the organization or by
the commission at all reasonable times.
(5) A copy of the current constitution and by-laws of
the state and national groups with which the employee organization
is affiliated or associated shall accompany each annual
· report.
(6) An employee organization which is not registered
as provided in this section, is prohibited from requesting
.recognition by a public employer or submitting a petition
requesting a representation election. This prohibition
shall be enforced by injunction upon petition of the commission
to the appropriate circuit court.
1.009 -- Certification of'employee organization --
(1) Any employee organization which is designated or
selected by a majority, of public employees in an appropriate
unit as their representative for purposes of collective
bargaining shall request recognition by the p~biic employer.
?he public employer shall, if satisfied as to the majority ':~-
status of the employee organization and the appropriateness
.of the proposed un~t, recognize the employee organization as
thu collective bargaining representative of employees in the
.designated unit. Upon recognition by a public employer, the
employee organization shall immediately petition the commission
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108K
for certification. The commission shall review only the
appropriateness of the unit proposed by the employee organization.
If the unit.is appropriate according to the criteria used in
this ordinance, the commission shall i~nediately certify the
employee organization as the exclusive representative of all
employees in the unit.
(2) If the public employer refuses to recognize the
employee organization the employee organization may file a
petition with the commission for certification as the
bargaining agent for a proposed bargaining unit. The
petition shall be accompanied by dated statements signed by
at least thirty (30) percent of the employees in ~he proposed
unit indicating that such employees desire to be represented
for purposes of collective bargaining by the petitioning
employee organization. Provided that any employee, employers
or employee organization having sufficient reason to believe
any of the employee signatures were obtained by collusion, .
coercion, intimidation or misrepresentation or are otherwise
invalid, shall be given a reasonable opportunity to verify
and challenge the signatures appearing on the petition.
(3) (a) The commission or one of its designated
agents shall investigate the petition..to de%ermine its
sufficiency; if it has reasonable cause to believe that the
petition is sufficient, the commission shall provide for an
appropriate hearing upon due notice. Such a hearing may be
conducted by an agent of the commission, who shall not make
any recommendations with respect thereto. If the commission
finds upon the record of the hearing that the petition is
sufficient, it shall immediately:
(1) Define the proposed bargaining unit and determine
which public employee~ shall be qualified and entitled to
vote at any ...................
(2) Identify the public employer or employers for ..
purposes of collective bargaining with the bargaining agent;
(3) Order an election by secret ballot.
(b) Where an employee organization.is selected by.a
majority of the employees voting in an election, the commission
shall certify the employee organization as the exclusive
collective bargaining representative of all employees in the
unit;
(c) In any election in which none of the choices on
the ballot receives the vote of a majority of the employees
voting, a run-off election shall be held according to rules
promulgated by the commission.
(d) No new election may be conducted in any appropriate
bargaining unit to determine the exclusive representative if
a representative election has been conducted within the
preceding twelve month period·
(4) In defining a proposed bargaining unit, the commission
' . shall take into consideration:
(a)' The principles of efficient administration of
government;
· (b) The number of employee organizations with which
the employer might have to negotiate;
(e) The compatibility of the unit with the joint
responsibilities of the public employer and public employees
to represent the public;
108L
(d) The power of the officials of government at the
level of the unit to agree or make effective recommendations
to other administrative authority or l~.gJ.~,].~tlve body with
respect to matters of employmel!t upon which the employee
desires to negotiate;
.(e) The organizational structure of the public employer;
(f) 'Community of interest among the employees -ko be
included in the unit, considering:
1. The manner in which wages and Other terms of
employment are determined;
2. The method by which jobs and salary classifications
are determined;
3. Interdependence of jobs and interchange of employees;
4. Desires of the employees;
5. The history of employee relations within the
.organization of the public employer concerning
organization and negotiation;
(g) The statutory authority of the public employer to
administer a classification and pay plan;
(h) Such other factors and policies as the commission
may prescribe by regulations or by its decisicns; provided
that no unit shall be established or approved for purposes
of collective bargaining which includes both professional
and non-professional employees unless a majority of each
group votes for inclusion in such unit.
(1) After an employee ~rganization has been certified
pursuant to the provisions of this ordinance, the bargaining
agent for the organization, and the chief e~ecutive officer
of the appropriate public employer or employers jointly
shall bargain collectively in the determination of the
wages, hours and terms and conditions of employment of the
public employees within the bargaining unit. The chief
executive officer, or his representative, and the bargaining
agent, or its representative shall meet at reasonable times
and bargain in good faith. In conducting negotiations with
'the bargaining agent, the chief executive officer or his
representative shall consult with, and attempt to represent
the views of the legislative body of the public employer.
Any collective bargaining agreement reached by the negotiators
shall be reduced to writing and such agreement shall be
signed by the chief executive officer and the bargaining
agent. Any agreement signed by the chief executive officer
and the bargaining agent shall not be binding on the public
employer until such agreement has been ratified at a regularly
scheduled meeting of the public employer and by public
employees who are members of the bargaining unit, subject to
the provisions of subsections (2) and (3) of this section.
(2) Upon execution of the collective bargaining agreement,
the chief executive shall, in his annual budget request or
~y other appropriate means, request the legislative body to
appropriate such amounts as shall be sufficent to fund the
provisions of the collective bargaining agreement. If less
the~ the requested amount is appropriated, the collective
bargaining agreement shall be administered by the chief
executive officer on the basis of the amounts appropriated
by the legislative body. The failure of the legislative
body to appropriate funds sufficient to fund the collective
bargaining agreement shall not constitute nor be evidence of
any unfair labor practice.
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(3) If any provision of a collective bargaining agreement
is in conflict with any law,. ordinance, rule, or regulation
over which the chief executive officer has no amendatory
· power, the chief executive officer shall submit to the
appropriate governmental body having amendatory power a
proposed amendment to such law, ordinance, rule or regulation.
Unless and until such amendment is enacted or adopted and
· becomes effective, the conflicting provision of the collective
bargaining agreement shall not become effective.
(4) If the agreement is not ratified by the public
employer or is not approved by a majority vote of employees
voting in the unit, in accordance with procedures adopted by
the commission, the agreement shall be returned to the chief
executive officer and the employee organization for further
negotiations.
(5) Any collective bargaining agreement shall not
.provide for a term of existence of more than three (3)
years, and shall contain all of the terms and conditions of
employment of the employees in the bargaining unit during
such term,, except 'those terms and conditions provided for in
applicable merit and civil service rules and regulations.
1.01i -- Grievance procedures -- Each public employer
and bargaining agent shall negotiate a grievance procedure
to be used for the settlement of disputes between employer
and employee, or group of employees, involving the interpretation
or application of a collective bargaining agreement. Such
grievance procedure shall have as its terminal step a final
and binding-disposition by an impartial neutral, mutally
selected by the parties; provided, however, that an arbitrator
.or other neutral shall not have the power to add to, subtract
from, modify or alter ~he terms of a collective bargaining
bargaining agent of a unit, the grievance procedure then in
existence may be to subject of collective bargaining and any
'agreement which is reached shall supersede the previously
existing procedure. All public employees shall have the
right to a fair and equitable grievance procedure, administered
without regard to membership or nonmembership in any organization.
A'career service employee shall have the option of utilizing
the civil service appeal procedure or a grievance procedure
established under this section, but such employee cannot use
both a civil service appeal and a grievance procedure.
1.012 -- Resolution of impasses --
(1) If, after a'reasonable PeriOd of negotiation
concerning the terms and conditions of employment to be
incorporated in a collective bargaining agreement,' a dispute
exists between a public employer and a bargaining agent, or
if no agreement is reached within sixty (60) days after the
commencement of collective bargaining or at least seventy
(70) days prior to the budget submission date of the public
employer, an impasse shall be deemed to have occurred.
Where an impasse occurs, the public employer, or the bargaining
agent or both parties acting jointly may .appoint or secure
the appointment of a mediator to assist in the resolution of
the impasse.
(2) If no mediator Js appointed, or if the.impasse is
not resolved within sixty (60) calendar days prior to the
budget submission date of the public employer, the commission
shal±:
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t08N
{a) Appoint a special master and submit ali. unresolved
issues to a special master acceptable to both parties. If
the parties are unable to agree on the appointment of a
special master, the commission shall appoint, in its discretion,
a qualified special master. Provided that nothing in this
· section shall preclude the p~rties from using the services
of a mediator at any time during the conduct of collective
bargaining.
(b) The special master or ~asters shall hold hearings
in order to define the area or areas of dispute, to determine
facts relating to the dispute and to render a decision on
any and all unresolved contract issues.. The hearings shall
be held at times, dates, and places to be established by the
special master or masters in accordance with rules promulgated
by the commission. The special master or masters shall be
empowered to administer oaths and issue subpoenas on behalf
of the parties to the dispute or on their own behalf.
Within twenty (20) calendar days after final hearings,, the
commission shall transmit the recommended decision of the
special master or masters to the representatives of both
parties, which decision shall be discussed further by the
parties in negotiations and shall be deemed approved by both
parties unless either party, by formal action, rejects the
decision within fifteen (15) calendar days of the transmission
of the decision to the parties.
(c) In the event that either the public employer or
the employee organization does not accept in whole or in
part the recommendations of the special master or masters,
(i) the chief executive officer of the government involved
shall, within ten (10) days after'receipt of the findings of
fact and recommendations of the special master or masters,
submit to the legislative body of the government involved
a.copy of the findin9~ of fact and recommendations of the
~pec~a! master or masters~ .together wit~ 'their recom~.endat±ons
for settling the dispute; (ii) the employee organization may
submit to such legislative body its recon~endations for
settling the dispute; (iii) the legislative body or a duly
authorized committee thereof shall forthwith conduct a
public hearing at. which the parties shall be required to
explain their positions with respect to the report of the
fact-finding board; and (iv) thereafter, the legislative
body shall take such action as it deems to be'in the public
interest, including the interest of the public employees
involved.
1.013 -- FaCtors to be considered by the special master --~
The speCial master shall conduct the hearings and render his
decision with the objective of achieving a prompt, peaceful
and just settlement of disputes between the public employee
organizations and the public employer. The factors, among
others, to be given weight by the special master in arriving
at a decision shall include':
(1) Comparison of the annual income of employment of
the public employees in question with the annual income of
employment maintained for the same or similar work of employees
exhibiting like or si~ilar skills under the same or similar
working conditions in the local operating area involved.
(2) Comparison of tl.e annual income of employment of
the public employees in question with the annual income of
employment of Public employees in similar public employee
governmental bodies of compaq'able size within the State of
Florida.
(3) Interest and welfare of ~he public.
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108-0
(4) Comparison of peculiarities of employment in
regard to other trades or professions,' specificallY:
(a) Hazards. of employment;
(b) Physical qualifications;
'(c) Educational qualifications;
(d) Intellectual qualifications;
(e) Job training and skills;
(f) Retirement plans;
(g) Sick leave;
(h) Job security; 'and
(i) Availability of funds.
1.014 -- The.compensation, if any, of the mediator,
shall be borne by the party or parties requesting or securing
his appointment. The compensation, if any, of the special
master shall be borne equally by the parties. All stenographic
and other expenses will be divided equally between the
parties.
1.015 -- Records -- All records which are relevant to
or have bearing upon any issue or issues raised by the
proceedings.conducted by the special master shall be made
available to the special master by the request in writing of
any of the parties to the fact-finding.
1.016 -- Unfair l'abor practiceS --
(1) Public employers or their agents or representatives
are prohibited f~om:
(a) Interfering w~th, restraining, or coercing public
employees in the exercise of any rights guaranteed them
under this ordinance, and under Section 447.03, Florida
Statutes;
(b) Encouraging or discouraging membership in any
employee organization by discrimination in regard to hiring,
~tenure, or other conditions of employment;
(c) Refusing to bargain collectively or failing to
bargain collectively in good faith, or refusing to sign a
final agreement agreed upon with the certified bargaining
· agent for the public employees in the bargaining unit;
(d) Discharging or discriminating against a public
employee because he has filed charges or given testimony
under this Ordinance;
(e) Dominating, interfering with, or assisting in the
formation, existence, or administration of any employee
organization, or contributing financial support to such an
organization;
(f) Refusing to discuss grievances in good' faith,
pursuant to the terms of the collective bargaining agreement
wit]~ either the certified bargaining agent for the public
employee or employees involved.
(2) A public employee organization or anyone acting in
its behalf, its officers, representatives, agents or members
are prohibited from:
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'108P
(a) Interfering with, restraining, or coercing public
employees in the exercise 9f any rights guaranteed them ,
under this ordinance, and under Section 447.03, Florida
· Statute; or from interfering with, restraining or coercing
-managerial employees by reason of their performance of job
duties or other activities undertaken in the interests of
the public employer.
(b) Causing or attempting to cause a public employer
to discriminate against an employee because of the employee's
membership .or nonmembership in an employee organization or
to-attempt to cause the public employer'.to violate any of
the provisions of this ordinance;
(c) Refusing to bargain collectively or failing to
bargain collectively in good faith with a public employer;
(d) Discriminating against an employee because~he has
signed or filed an affidavit, petition, or complaint, or
given any information or testimony in any proceedings provided
for in this ordinance;
(e) Participating in a strike against the public
employer by instigating or supporting, in any positive
manner,~ a'.strike. Any violation of this section shall
subject the violator to the penalities provided in this
ordinance.
(f) Instigating or advocating support, in any positive
manner, for an employee organization's activities from high
school or grade school students, or institutions of higher
learning.
(3) Notwithstan~ing~the provisions of subsections (1)
infringed upon and the expression o~ any argument or opinions
shall not constitute or be evidence of an unfair employment
practice or of any other violation of this ordinance, if
such expression contains no promise of benefits, nor threat
of. reprisal or force.
1.017 -.- Charges of unfair labor practices -- Violations
of the provisions of Section 1.016, shall be remedied by the
commission in the following manner:
(1) Whenever it is charged by an employer or an employee
organization that any person has engaged in or is engaging
in any unfair labor practice, the commission, or any agent
designated by the conm]ission.for such purpose, shall conduct
a'preliminary investigation to determine if there is substantial
'evidence indicating a prima facie violation of the applicable
unfair labor practice provision.
(2) If, upon a preliminary investigation, it is determined
that there is not substantial evidence indicating a prima
facie violation of the applicable unfair labor practice
provision, the designated agent of the commission shall
dismiss the charge.
(3) A charging party whose charge is thus dismissed,
may appeal to the chairman and one other member of the
commission, and if they flnd substantia-1 evidence of a
meritorious charge, that charge shall be reinstated and
served pursuant to the procedures of paragraph (a) of this
section.
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108Q
(a) If the commission or its agent determines that
there is substantial evidence indicating a prima facie
violation, the commission~or such agent'shall issue and
'cause to be served upon the person, a copy of the charges
and a notice of hearing before the commission or a member
thereof, or before a designated agent, at a place therein
fixed, to be held not less than ten (10) days after service
of a copy of the charges by the commission. Any charge may
be amended by the charging party, at any time prior to the
issuance of an order based thereon, provided that the charged
party is not unfairly prejudiced thereby. The person upon
whom the charge is served may file an answer to the charge..
The charging party and the respondent shall have the right
to appear in person or otherwise and give testimony at. the
place and time'fixed in the notice of hearing. In the
discretion of the member or agent conducting the hearing, or
the commission, any other person may be allowed to intervene
in the proceeding and to present testimony. In any hearing
the commission shall not be bound by the judicial rules of
evidence.
(b) Whenever a charging party alleges that a person
has engaged in unfair labor practices and that he will
suffer substantial and irreparable injury if he is not
granted temporary relief, the commission may petition the
circuit court for appropriate injunctive relief, pending the
final a~judication by the commission with respect to such
matter. Upon the filing of any such petition, the court
shall cause notice thereof to be served upon the parties,
and thereupon shall have jurisdiction to grant such temporary
relief or restraining order as it 'deems .just and proper.
(4) The testimony taken by the member, agent, or the
commission shall be reduced to writing and filed with the
take further testimony or hear argument.
(a) If, upon consideration of all evidence taken,, the
commission finds substantial evidence that an unfair labor
practice has been committed, then it shall state its findings
of fact and shall issue and cause to be served an order
requiring the respondent party to cease and desist from the
unfair labor practice, and to take such positive action,
including reinstatement of employees with or without back
pay, as will effectuate the policies of this ordinance. 'The
order may further require the person to make reports from
time to time showing the extent to which he has complied
with the order.
(b) If, upon consideration of' the evidence taken, the
con~ission finds that the person or entity named in the
charge has not engaged in and is not engaging in the unfair
labor praCtice, the commission shall state its findings of
fact and shall issue an order dismissing the charge.
(c) No notice of hearing shall be issued based upon
any unfair labor practice occurring more than six (6) months
prior to the filing of the charge with the commission,
unless the person aggrieved thereby was prevented from
filing the charge by reason of service in the armed forces,
in which event, the six (6) month period shall be computed
from the day of his discharge.
(d) No order of the commission shall require the
reinstatement of any individual as an employee who has been
suspended or discharged, or the payment to him of any back
pay, if the individual was suspended or discharged for
cause.
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108R
(5) The district courts of appeal are empowered upon
· %he filing of an appropriate petition, to review final
orders 6f the commission. Until thc record in a case has
been filed, in the appropriate district court oF appeal, the
commission at any time, upon reasonable notice and in such
manner as it deems proper, may modify or set aside, in whole
or in part, any findings or order made or issued by itl
(6) (a) The commission ~ay petition for enforcement
of the order and for appropriate injunctive relief, and
shall file the record of the proceedings before the co]remission
in the district court of appeal.
(b) Upon the filing of the petition, the appropriate
district court of appeal shall cause notice thereof to be
served upon the respondent, and thereupon shall have jurisdiction
of the proceeding and shall grant such temporary or permanent
relief or restraining order as it deems just and proper,
enforcing, modifying, or setting aside in whole or in'part'
the order of the commission. No objection that has not been
urged before the commission, its members or agent, shall be
considered by the district court of appeal, unless the
failure or neglect to urge the objection is excused because
of extraordinary circumstances. The findings of the commission,
with respect to questions of fact, if supported by substantial
evidence on the record considered as a whole, shall be
conclusive.
(c) If either party applies to the court for leave to
present additional evidence and shows to the satisfaction of
the court that the additional evidence is material and that
there were reasonable grounds for the failure to present it
in the hearing before the commission, its members or agent,
the court may order the additional evidence to be taken
before the commission,~ its members or agent, and to be made
as to the facts, or make new findings, by reason of additional
evidence so taken and filed, and it shall file the modifying
or new findings, which findings, with respect to questions
of fact if supported by substantial evidence on the record
considered as a whole shall be conclusive, and shall file
its recoEnendations, if any, for the modification or setting
aside of its original order.
(d) Upon the filing of the record, the jurisdiction of
the court shall be exclusive and its judgment and decree
shall be final, except that the same shall be subject to
.. review in accordance with the rules of appellate procedure.
An appropriate district court of appeal may enforce its
rulings by contempt proceedings, if necessary.
(7) Any person aggrieved by a final order of the
'commission granting or denying in whole or in part the
relief sought, may obtain a review of such order by filing
in the appropriate district court of appeal a petition
praying that the order of the commission be modified or set
aside. A copy of the petition shall be filed with the
commission. Thereupon, the aggrieved party shall file in
the court the record in the proceeding certified by the
· conunission. Upon the filing of the petition, the court
shall proceed in the same manner as under subsection (5) and
sha].l grant to the commission such temporary relief or
restraining order as it deems just and proper, enforcing,
modifying or setting aside, in whole or in part, the order
of the commission. The findings of the commission w~th
respect to questions of fact, if supported by substantial
evidence on the record considered as a whole, shall be
conclusive.
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108S
(8) The' comm6ncement of proceedings under subsection
(5)'or (6) shall not, unless specifically ordered by the~
'district court of appeal, operate as a. stay of the ~commission's
6rder.
(9) Petitions filed under this ordinance shall be'
heard expeditiously by the district court of appeal to which
presented, and shall take precedence over all other civil
matters except prior matters of the same character.
1.018 -~ Strikes prohibited -- No public employee or
employee organization may participate in a strike against a
public employer by instigating or supporting, in any manner,
a strike. Any violation of this section shall subject the
violator to the penalties provided for herein.
1.019 -- Violation of strike prohibit'ion; penalties --
(1) Circuit courts having jurisdiction of the parties
are vested with the authority to hear and determine all
actions alleging violations of Section 1.018 of this ordinance.
Suits to enjoin violations of Section 1.0].8 of this ordinance
will have priority over all matters on the court's docket
except other emergency matters.
(2) If a public employee, a group of employees, an
employee organization, or any officer, agent, or representative
of any employee organization, engages in a strike in violation
of Section 1.018 'of this ordinance, the commission or any
public.employer whose employees are involved or whose employees
may be affected by the strike, may file suit to enjoin the
strike in the circuit court having proper jurisdiction and
Proper venue of such actions under the Florida Rules of
shall conduct a hearing, with notice to ali interested
parties at the earliest practicable time. If the plaintiff
makes a prima facie showing that a violation of Section 1.018
of this ordinance is in progress or that there is a clear,
re~l and present danger that such a strike is about to
commence, the circuit court shall issue a temporary injunction
enjoining the strike. Upon final hearJ_ng, the circuit court
shall either make the injunction permanent or dissolve it.
(3) If an injunction issued pursuant to this section
to enjoin a strike is not promptly complied with, on the
.application of the plaintiff, the circuit'cOurt shall imm~diate!y
initiate contempt proceedings against those who appear to be
in violation. An employee organization found to be in
contempt of court for violating an injunction against a
strike shall be fined an amount deemed appropriate by the
6ourt. In determining the appropriate fine, the court shall
objectively consider the extent of lost services and the
particular nature and position of the employee group in
violation. In no event shall the fine exceed five thousand
dollars ($5,000). Each officer~, agent or representative of
an employee organization found to be in contempt of court
for violating an injunction against a strike, shall be fined
not less than fifty dollars ($50) nor more than one hundred
dollars (~100) for each calendar day that the violation is
in progress.
(4) An employee organization shall be liable for any
damages which might be suffered by a public employer as a
result of a violation of the provisions of Section 447.018,
Florida Statutes, by the employee organization or its representatives,
Officers and agents. The circuit court having jurisdiction
over such actions is empowered to enforce judgments against
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108T
employee organizations, as defined in this ordinance, by
attachment or garnishment of union initJ, ation fees or dues
which are to be deducted or checked off by public employers.
No action shall be maintained pursuant to this subsection
until all proceedings which were pending before the commission
at the time of the strike or which were initiated within
thirty (30) days of the strike have been finally adjudicated
or otherwise dispose~ of. In determining the amount of
'damages, if any, to be awarded '~o the public employer, the
trier of fact shalt~°~.,~.ke into considcration any action or
inaction by the public employer or its agents ~that provoked
or tended to provoke the strike by the pu. blic employees.
The trier of fact shall also take into consideration any
damages that might have been recovered by the public employer
under subsection 6(a) 4 of this Section.
(5) If the commission after a hearing on notice conducted
according to rules promulgated by the commission de%ermines
an employee has violated Section 1.018 of this ordinance,
it may order the terminatfon of his employment by the public
employer. Notwithstanding any other provision of law, a
person knowingly violating the provision of such section
may, subsequent to such violation be appointed or reappointed,
employed or reemployed, as a public employee, but only upon
the following conditions:
(a) . Such person shall be on probation for a period of
six (6) months following his appointment or reappointment,
emplolrment or reemployment, during which period he shall
serve without tenure. During this period, the person may be
.discharged only upon a showing of just cause;
(b) His compensation may in no event exceed that
received by him immediajtely prior to the time of the .violation;
(c) Thc " .... b~. increased
~.~:~,_ .... ~- the person m~- ~,~ .~
until after the expiration of one (1) year from such appointment
or reappointment, employment or reemployment.
(6) (a) If the commission determines an employee
organization has violated Section 1.018 of this ordinance,
it may:
1. Issue cease and desist orders as necessary to
insure compliance with its order.
2. Suspend or revoke the certification of the employee
organization as the bargaining agent of such employee unit.
3. Revoke the privilege of check-off of dues deduction
and collection previously granted to the employee organization.
4. Fine the organization up. to twenty thousand dollars
($20,000) for each calendar day of such violation or determine
the approximate cost to the public due to each calender day
of the strike and fine the organization an amount equal to
such cost, notwithstanding the fact that the fine may exceed
twen. ty thousand dollars ($20,000) for each such calendar
day. The fiues so collected shall imm~ediately accrue to the
public employer and shall be used by it to replace those
services denied the public as a result of the strike. In
determining the amount of ~amages, if any, to be awarded to
the public employer, the conm]ission shall take into consideration
any action or inaction by the public employer or its agents
that pro. voked or tended to provoke the strike by the public
employees.
. t08u
(b) An organization de'termined to be in violation of
Section 1.018 of this ordinance, shall not be certified
until one (1) year from the date of final payment of any
fine against it.
(7) Orders of the commission pursuant to this section
are reviewable in the district court of appeal and may be
.enforced by such court.
1.020 -- Other unlawful act~ --
(1) E~ployee organizations, their 'members, agents,
representatives, or any person acting on their behalf are
hereby prohibited from:
(a) Soliciting public employees during working hours
of any employee who is'involved in the solicitation,
(b) Distributing literature during working hours in
areas where the actual work of public employees is performed,
such as offices, warehouses, police stations, fire stations
and any similar public installations. This section shall
not be construed to prohibit the distribution of literature
during the employee's lunch hour or in such areas not specifically
devoted to' the performance of the employee's official duties.
(2) No'employee organization shall directly or indirectly.
pay any fines or penalties assessed against individuals
pursuant to the provisions of this ordinance.
(3) The circuit courts of this state shall have jurisdiction
to enforce the provisions of this section by injunction and
contempt proceedings, if necessary. A public employee who
is convicted of a violatJ, on of any provision of this ~section
e~:~p~o~, nut~z~oEandmng further provisions of law, and
notwithstanding the provisions of any collective bargaining
agreement.
1.021 -- Merit or civil service system; applicability --
The provisions of this ordinance shall not be construed
to repeal, amend, or modify the provisions of any law or
ordinance establishing a merit or civil service system for
public employees or the rules and regulations adopted pursuant
thereto; or to prohibit or hinder the establishment of other
such personnel systems unless the provisions of such merit
or civil service system laws, ordinances or rules and regulations
adopted pursuant thereto are in conflict with the provisions
of.this ordinance in which event such laws, ordinances, or
rules and regulations shall not apply, except as provided in
~1.006 (3).
1.022 -- Existing agreements -- All public employee
agreements now in existence shall remain in effect until
their expiration.
1.023 -- Government in the sunshine -- The provisions
of ~447.023, Florida Statutes are adopted'as a part of this
ordinance.
1.024 -- Severability -- It is declared to be the
legislative intent that the provisions of this ordinance are
severable. If 'any section, 'subsection, sentence, clause or
provfsion is found to be unconstitutional or invalid for any
reason, ~he same shall not affect the remaining provisions
of this ordinance.
108V
1.025 -- Conflicting 'ordinances re.pealed --
.. All ordinances (including Ordinance No. 68-74) and
all parts of ordinances in conflict herewith are repealed
to the extent of such conflict on the date this Ordinance
becomes effective.
1.026 -- Effective date -'-.This Ordinance shall take
effect upon review and approval of this Ordinance by the
Florida Public Employees Relations Com~nission pursuant
to Section '447.022, Florida Statutes and upon the approval
of such Rules and Regulations as may be adopted pursuant
to this Ordinance.
PASSED AND ADOPTED in regular session on second and
final reading on this 9th day of June , 1975.
ATTEST:
City~lerk
First Reading: May 12, 1975
Second Reading: junu 9, 1975
Legal in form
~Ji ' J 108W
ORDINANCE NO. 21-75.
AN ORDINANCE OF THE CITY CO~qCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF
DELRAY BEACH CERTAIN LAND, NAMELY PORTIONS OF LOTS
33 AND 34, DELRAY BEACH SHORES, WHICH LAND IS CON-
TIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY;
REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE
SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS
OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF.
WHEREAS, PHILIP S. CAMPBELL and FRANCES M. CAMPBELL, his wife, are
the fee simple owners of the property hereinafter described; and,
WHEREAS, PHILIP S. CAMPBELL and FRANCES M. CAMPBELL, his wife, by
their petition, have consented and given permission for the annexation of
said property by the City of Delray Beach; and,
WHEREAS, the City of Delray Beach has heretofore been authorized to
annex lands in accordance with Section 185.1 of the City Charter of said
City granted to it by the State of Florida,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the City Council of the City of Delray Beach,
Palm Beach County, Florida, hereby annexes to said City the following
described tract of land located in Palm Beach County, Florida, which lies'
contiguous to said City, to-wit:
Lot 34, Delray Beach Shores, according to the Plat
thereof recorded in Plat Book 23, Page 167, of the
Public Records of Palm Beach County, Florida.
.SECTION 2. That the boundaries of the City of Delray Beach, Florida,
are hereby redefined so as to include therein, the above described tract
of land and said land is hereby declared to be within the corporate
limits of the City of Delray Beach, Florida.
SECTION 3. That the tract of land hereinabove described is hereby
declared to be in Zoning District R-1AA, as defined by existing ordinances
of the City of Delray Beach, Florida.
SECTION 4. That the land hereinabove described shall immediately
become subject to all of the franchises, privileges, immunities, debts,
obligations, liabilities, ordinances and laws to which lands in the City
of Delray Beach are now or may be subjected and persons residing thereon
shall be deemed citizens of the City of Delray Beach.
SECTION 5. That if any word, phrase, clause, sentence or part of
this ordinance shall be declared illegal by a Court of competent juris-
diction, such record of illegality shall in no way affect the remaining
portion.
PASSED AND ADOPTED in regular session on the second and final
reading on the 9th day of June , 1975.
ATTEST:
/ CitY Clerk
F~rs~ Readmng May ] 9 ] 975
Second Reading June 9, 1975.