HomeMy WebLinkAbout0147NORD IITAACE Iv O . 147 ( ITS J SERIES)
.i�.N OP.D IN,.NCE E1711 ORC IITG PRE' 1 L+ EEY0 ±, FOR �"t
Ei,1'LOYI MITT OF RESIDENT LAE OREI RS PER OP21ING
Ll BO. UPON PUBLIC STORKS IIt1 THE CITY OF SAN
LUIS OBISPO , AND DEFINING 001M IT IOI ?S UI <!DER
ITCH CONTRACTS FOR SUCH 'IORK SHALL BE AWA -RDED.
BE IT ORD.,IIITED by the Council of the City of San Luis.
Obispo, as follows:
Section 1. For the purpose of this ordinance, the word
"laborer" shall be construed to mean every person in the service of
a contractor or subcontractor under any appointment, or contract of
hire, or apprenticeship, express or implied, oral or written, includ-
ing minors,. whether lawfully or unlawfully employed, and tiilao are .
working under the direction of a superintendent or foreman.
The word "resident" as.used in this ordinance shall be
ar
construed to irean any person who shall have been actually domiciled
in the City of San Luis Obispo for a period of one year next preceding
the date of his engagement to perform labor.
Section 2. Every contractor performing work within the
State of California, at the expense of the City of San Luis Obispo,
whether such work be done directly by or under a contract duly awarded;.
or, indirectly, by or under subcontract, subpartnership, day labor,
station work, piece work, or under any other arrangement whatsoever,
must give preference in the performance of labor under such contract
or other arrangement, to residents of the City of San Luis Obispo,
as follows.
(a) Menever a sufficient number of resident laborers
having the proper skill and qualifications are available to perform
such contract, then in that case, the contractor shall only employ
such resident laborers;
(b) Whenever a sufficient number of resident laborers
having the proper skill and qualifications are not available to per-
form such contract the contractor shall first employ such resident
laborers as are available, and thereafter he may employ such
additional laborers as may be necessary to perform such contract from
resident laborers of the County of San Luis Obispo,
(a) ,.Thenever any contractor, having exhausted the laborers
specified in subdivisions (a) and (b) above, requires additional
laborers to perform such contract, then, and then only, shall he be
permitted to employ such additional laborers without regard to their
place of residence..
Section 3.. In every contract for the performance of labor
on public works, eight hours shall constitute a day's work, and the
contractor and all subcontractors under him shall pay their employees
on said work a salary or wage at least equal to the prevailing salary
or wage for the same quality of service rendered to private persons,
firms or corporations under similar employment in the City of San
Luis Obispo.
Section 4. Every person performing labor under, or in the
execution of, any contract on public works shall be a citizen of the
United States, or shall have declared his or her intention to become
such citizen.
Section 5. It shall be lawful for, and it shall be the
duty of, the City Council of the City of San Luis Obispo, before
making final settlement with any contractor for performing public
work under any contract hereafter entered into, to which the City
of San Luis Obispo i.s a.party, and. under which the costs are paid
by the City of San Luis Obispo, to require said contractor to file
a duly acknowledged affidavit with such City Council,, setting out:
(a,)
The
number
of
laborers
he employed;
(b)
The
number
of
laborers
resident of the City of San Luis
Obispo he employed;
(c) nae number of laborers resident without the City of
San Luis Obispo he employed;
In case said employer has employed any laborers who are not
residents of the City of San Luis Obispo, he shall also include in
his affidavit a complete statement of the reasons therefor.
No final settlement shall be made with.any contractor until
such affidavit is filed in accordance with this section.
Section 6. Every notice or request for bids, specifications
or contracts hereafter given, made or entered into by and on behalf
of the City of San Luis Obispo shall contain a specific reference to
this ordinance by number, title and date of passage.
.Section 7. The filing of a wilfully false affidavit, as
referred to in Section 6 hereof, shall be unlawful.
The wilful failure or refusal of any contractor, subcontract-
or or employer on any public works to comply with the provisions of
this ordinance shall be unlawful.
Section 8., Any person, firm or corporation violating any of
A. provisions of this ordinance shall be deemed guilty of a misde-
meanor, and, upon conviction thereof, shall be punishable by a fine of
not more than $p500.00, or'by imprisonment in the County Jail for a
period of not more than six months or by both such fine and imprison-
ment..
Every such person, firm or corporation shall be deemed
guilty of a separate offense for each day during any portion of which
any violation of any provision of this.ordinance is commlitted, con-
tinued or permitted by such person, firm or corporation, and shall
be punishable therefor as'provided in this ordinance.
Section 9.. If any section, sub - -section, paragraph, sentence,
clause or phrase of this ordinance is, for any reason, held to be
unconstitutional, it shall not affect the validity of the remaining
portion of this ordinance. The City Council. hereby declares that it
would have passed this ordinance, and each section, sub- - section,
paragraph, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, sub — sections, paragraphs, sentences,
clauses or phrases be held unconstitutional.
Section 10.. This ordinance, together with the ayes and noes
shall be published for two days before its final passage in the Daily
Telegram, a daily newspaper printed and circulated in the said City
of San Luis Obispo.
I117TRODUCED tdND PASSED TO PRINT this 24:t� day of November- 1930
by the following vote:
AYES: Chas :,�, orbea, TRr....}c �O:i, John ��`�. �c ?:., Tar�ari ���r.�•i =r., <,•�P;.'e
r
NOES: IToes x
JOSEYT: �. `TrDeso�� set
M;S-7
ATTEST: Mayor.
City Clerk
Finally passed this 12th day of January , 1931,
by the following vote:
AYES: Chas. Forbes, g. E. Cox, John Chapek, Z. P, 5inshoim,er, T T,Def088E
NOBS: None
ABSENT: None
ATTEST:
City Werk
—
mayor
i