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ORDINANCE NO. 899 (19 81 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO AMENDING CHAPTER 6 OF THE MUNICIPAL CODE;
REPEALING SECTIONS 7600., 7600.1, 7600.2, 7600.3,
7600.4, 7600.5, 7600.6 OF THE MUNICIPAL CODE,
ARTICLE VII, CHAPTER 6 AND RENUMBERING SECTION
7600.2 ENTITLED "LABOR ON PUBLIC WORKS CONTRACTS"
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Sections 7600., 7600.1, 7600.2, 7600.3, 7600.4, 7600.5 and
7600.6 of Chapter 6, Article VII of the San Luis Obispo Municipal Code are
hereby repealed as set forth in Exhibit A attached hereto and incorporated
herein by this reference.
SECTION 2. Section 7600.2 shall be renumbered to Section 7600. as
set forth in the attached Exhibit A is.hereby adopted.
SECTION 3. This Ordinance, together with the ayes and noes, shall be
published once in full, at least three (3) days prior to its final passage
in the Telegram- Tribune, a newspaper published and circulated in said City,
and the same shall go into effect at the expiration of thirty (30) days
after its said final passage.
INTRODUCE AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a meeting held on the 18th day of August 1981, on motion of
Councilman Bond , seconded by Councilman Dunin , and on the
following roll call vote:
AYES: Councilmembers Bond, Dunin, Dovey, and Mayor Billig
NOES: None
APPROVED:
David Romero, Director
Public Services
Wayne A. eterson
City En&jkeer
t
1xhibit A
Chapter 6 —LABOR ON PUBLIC WORKS
Sl';,C "1'1ON 7600. Definition. "Laborer", "Resident.
Fo the purpose of this Chal0or the word "laborer" /person every p
son in .he service of a contractor or suhcontractor u app 'nt.•
ment, o contract of hire, or apprenticeship, express ed, al or
written, i chiding minors, whether lawfully or unle loyed,
and who e working under the directiun of a dent or
foreman.
The word "rc_'dent" as used in this Chapter meaerson who
shall have been . tually d(nni!:iled in the City for a f one year
next precedinth date of his engagement to pe bor.
SECTION 7600.1. Prefe nce Given Resident�l
Every contractor perfor ing work within the State of California,
at the expense of the City, whether suggh' work be done directly by
or under a contract duly a,.% riled; or. indirectly, by or under sub-
contract, subpartnership, day abor station work, piece work, or
under any other arrangement soever, must give preference in
the performance of labor tinder h contract or other arrangement,
to residents of the City as follo,.v.
(a) Whenever a sufficie numbe of resident laborers having
the proper skill and qua 'fications ar available to perform such
contract, then in that c , e, the contract shall only employ such
resident laborers;
(b) Whenever a cfficcent number of resid . it laborers having the
proper skill and ualifications are not avail, le to perform such
contract /thhecol tractor shall first employ suc h sident laborers as
are r+vaild thereafter he may employ such a ditional laborers
as hsary to perform such contract from sident laborers
of the Coan Luis Obispo.
(c) \k enever any contractor having exhausted t e laborers
specifyyV'd in subdivisions (a) and (b) above, requires dditional
lab( t'ers to perform such contract, then, and then only, sh 1 he be
pefmitted to employ such additional laborers without regard their
Mace of residence.
SECTION 7600. Sf - M(')Id -TGM2 Same. Prevailing Wage.
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 the work
a salary or wage at least equal to the prevailing salary or wage for
the same quality of service rendered to private persons, under sim-
ilar employment in the City.
CTION 7600.3. Same. Citizenship Required.
IJ ery person performing labor under, or in the execution or, a
contr, t on public works shall be a citizen of the United State,-Z, or
shall WtKe declared his or her intention to become such citizail.
SECTION 760 . Contractor's Affidavit.
It shall be la "ul for, and it shall bXduty , the Council,
before making fina, settlement with an r performing
public work under a contract hereato, to which
the City is a party, and rider which thd by the City
to require the contractor o file a duged affidavit
with the Council, setting out:
(a) The number of laborers he
(b) The number of laborers
(c) The number of laborers / esident
yed;
'it of the City he employed;
wi trout the City he employed.
In case the employer as employed any"Ilaborers who are not
residents of the City, h hall also include in his ffidavit a complete
statement of the real s therefor.
No final settle nt shall be made with any cont,-, for until such
affidavit is filed ' accordance with this section.
SECTI0�600.5. Same. Reference to Chapter.
Ever notice. or request for bids, specifications or contracts h
after // even, made or entered into by and on behalf of the City sh
contain a specific reference to this Chapter.
— 16)
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Exhibit A
SEC74QN 7600.6. Same. False Affidavit.
The fill _ of a wilfully false affidavit, as ref r• �to in Section
7600.4 shall be', lawful.
The wilful failure r refusal o y contractor, subcontractor or
employer on any pub > s to comply with the provisions of
this Chapter shall be awf
— 166
ORDINANCE NO. 899
rim
(1981 Series)
FINALLY PASSED this lst day of September ,
1981, on motion of Councilman Settle , seconded by
Councilman Dunin and on the following roll call
vote:
AYES: Councilmembers Settle and Dunin and Mayor Billig
NOES: None
ABSENT: Councilwoman Dovey and One Vacancy
ie C. Billig
ATTEST:
Ci 4 Clerk Pamela g
09
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