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HomeMy WebLinkAbout0928• L. ORDINANCE NO. AN ORDINANCE providing for a minimum roe rate for all persons employed by the City of Port Angeles or on local or other improve- ment work done under contract with said city; providing for cer2 tain preferences in the employment on all such work; prescriain e `she duties-of-tile Com:riasioner -.of 8tr.eets,_.and_Rublic Improvements with reference thereto; defining offenses and providing penalties therefor. THE CITY COMMISSION; OF TEE CITY OF PORT ANGELES DOES ORDAIN AS FOLLOWS: 1 Section 1. It shall be unlawful either directly or indirectly, to pay, or cause to be paid, to employees on, or in connection with, any local or other improvement work being done under contract for or with the City of Port Angeles, any wages less than Four (04.00) • Dollars a day for each Eight (8) hour day., Section 2. It shall be unlawful to employ upon, in connection with, any local or other improvement work being done under contract for or with the City of Port -Angeles, any person other,than a resident a of the City of Port Angeles who iscitizen of the United States, or one who shall have legally declared his intention to become such un- der the provisions of the lawsof the 8nited States; Provided, how- ever, that where it becomes necessary for any contractor to employ certain special' - craftsmen or foremen on contract work who are not bona fide residents of said city and said contractor makes a eatis- factory...re.port „to the Commisa,ioner of Streets_& Public_.Improvements that it is necessary for the efficient conduct of such work to employ such persons, then, in such event, said Commissioner may grant to such contractor a permit for such employment; also in the eventtnat it is not possible to secure labor to properly perform such work from amo€ bona fide residents of the CitS of Port Angeles and this fact is set forth on application of the contractor to the satisfaction of the Com- missioner of Streets & Public Improvements, then in such event, the _said Coms:iscioner may issue a permit to the contractor to employ • • outside labor. Permits so issued shall be revolted by the Uommissioner of Streets & Public Improvements :rhenever sufficient persons t_.o are bona fide residents of the City of Port Angeles shall be available for such work. Section 3. Whenever it shall be Trade to appear to the City Com- mission that residents of the City of Port AngelesVhor citizens of the United "States or-persons who 'shall have legally, declared tLeir inten- tion of becomerg such citizens under the provisions of the laws of the United States, competent and willing to perform the work required for or upon such improvement or under such contract, cannot be procured, then apon application therefor said Commission may grant a permit to employ aliens so long, but only so long, as such citizens competent and willing to perform_ such work cannot be procured. Upon each such application or revocation the determination of said City Commission in the premiees shall be final and conclusive. Section 4. No person, firm or corporation doing ;cork under con- tract for or with the City of Port Angeles shall enter into any agree- ment with any person or persons for labor or employment at any 1, ale less than herein specified, nor shall any person mate or permit an assignment or transfer of such contract or any part thereof or any work to be performed thereunder, nor any subletting in any manner by any scheme or device which will permit or secure tr ;e performance of labor upon said work or under said contract at a rate of wage less than herein specified; and every scheme or device by which persons working on said wort or under such contract shall suolet or subcon- tract the same or shall take any transfer or assignment of contract or work under said contract, as a copartnership or association, or by which any person or persons xkx shall take over any special work or piece cork under said contract whereby such person shall receive a fixed sum for a fixad amount of work, shall be deemed a subterfuge, device or scheme to evade the provisions of this ordinance and of the con- tract and shall be null and void. _S- Section 5. In all contracts of the City of Port Angeles for the performance of any local or other improvement work there stall be included in the specifications and made a part of the contract a cove- IIInant on the part of the contractor t..at he will cause to be paid to all employees on work or in connection with such work under said con - tract not less than the minimum,wage of $4.00 per day; that Ale will not, directly or indirectly, enter into any agreement with any person or persons for labor or employment at any less wage, nor make or permit to be made any assignment or transfer of such contract or of any of the work to be performed thereunder nor sublet said rork or any part thereof in any manner or by any scheme, device or subterfuge Mich will permit or secure the performance of labor upon or in connection with such work under such contract at a rate of rages less than that herein • specified; that every scheme or device by which persons employed upon or in connection with such work or under such contract shall sublet or • subcontract the same, or take~ -anlr °transfer- ~or -assignment of-such a con tract or of any work therein provided for as a copartnership or other association whereby, in lieu of receiving the minimum rate of wages herein specified, such person or persons shall receive a less sum in cash and become sharers in profits or losses under such contract, shall be deemed a subterfuge, device or scheme to evade the provisions of such contract and snall be null and void. It shall also be recited and stipulated. therein that such covenant is made for the benefit of the individual employees of said contractor, and t.iat any employee performing work or labor under said contract shall have a cause of action against the contractor for the difference between the wages therein specified and the amount actually paid to such employee. It shall be further recited and stipulated therein that the contractor shall keep complete and accurate payrolls, upon which shall be en- tered the names, citizenship and addresses ,of all employees employed upon, or in connection with, such work or under such contract, the rate of wage paid to such employee, and the number of hours of employment per day of each employee, which pay -roll shall at all times be accessible to, and open for inspection by, or under the direction of, the Commissioner of Streets & Public Improvements and shall be exhioited, or a copy thereof furnisted, to or for, said Commis- 411 sioner at any time upon request. It shall be further recited and stip- ulated therein that preference in employment upon the work contemplated therein, or done thereunder, will at all tines be given to residents of the City of Port Angeles who are citizens of the United States, or who have declared their intention of becoming citizens of the United, States, and that no alien will be employed thereon, or.in connection therewith, without a valid and subsisting permit from thm City Commission therefor. . It shall be further re- cited and stipulated therein that in the event of a violation of said covenant, or any provision thereof, payments due from the City of Port . Angeles on any such work or under any such contract may be withheld un- til full compliance therewith, or at tie discretion of said Commissioner of Streets & Public Improvements, with the consent of the City Commis- sion, such contract may be cancelled and forfeited. Section 6. The City Commission may, at its discretion, forfeit and cancel the contract of any person who shall violate any of the provisions of this ordinance, or any of those herein required to be incorporated in any contract for local or other improvement work; and in the event of such forfeiture and cancellation, said City Commission shall not again accept the bid of, or enter into any contracts with, any person for local or other improvement work IIIwhose contract shall have been so forfeited and cancelled until after the expiration of two years from and after the date of such forfeiture and cancellation. Section 7. It shall be, and it is hereby made, the special duty of the Commissioner of Streets & Public Improvements to investigate all alleged violations of any of the provisions of this ordinance, and in *,._e event said Commissioner shall find that any person has violated any of such provisions, he shall cause a complaint to be sworn to before the -4- police judge, and furnish the city attorney rith all evidence in its possession relative to such violation; Provided, however, the foregoing shall not preclude any other person having knowledge of a violation of any provision of this ordinance from swearing to such complaint before said police judge. - section 8. Every person concerned in the commission of a mis- demeanor in violation of this ordinance, whether he directly com- mits the act or omits to do the thing constituting the offense, or aids or abets the same, and whether present or absent; and every person who directly or indirectly counsels, encourages, hires, com- mands, induces or otherwise procures another to commit such mis- demeanor is and shall be a principal under the terms of this or- dinance and shell be proceeded against and prosecuted as such. Section 9. "Person" shall mean and include natural persons, firms, co- partnerships and corporations, and other associations of natural persons, whether acting by themselves or by servants, agents or employees. Section 10. Any person violating any of the provisions of this ordinance or failing to comply with the terms and requirements thereof, stall be deemed guilty of a misdemeanor, and upon cDnvic -- tion t.aereo' shall be fined in any sum not exceeding One hundred N100.00) Dollars, or imprisoned in the city jail for a peridd not exceeding thirty (30) days. Section 11. If any part, provision or section of this ordinance si.all be i.eld to be void or unconstitutional, all other parts, pro- , _ • visions and sections of the ordinance not expressly so held to be void or unconstit:tional, shall continue in full force and effect. section 12. This ordinance shah take effect and be in force t::irt ;(3C) days from and after its Final passage, approval and -5.- • • • w Jarful puclication. Passed first readinb by the City Commission the llth day of February, 1931. Passed second reading by the City Commission the lith day of February, 1931. Passed third reading and finally adopted by the City Commission the 18th day of February, 1931. - Approved and signed b! the Mayor this 19th day of February, 1931. Attest: CityOlerk. Approved as to form: City Attorney. PuJlished: / - Mayor. r \*: ( "rT\ 4 "••• -ca.) • • • r`A