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HomeMy WebLinkAboutO-1998-023 ORDINANCE NO. 23-98 j AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, ESTABLISHING A NEW CODE SECTION 8-141 IN ORDER TO PROVIDE FOR A MINIMUM WAGE REQUIREMENT ON CERTAIN CONSTRUCTION CONTRACTS; PROVIDING THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT ARE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING A SEVERANCE CLAUSE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, THAT: Section 1. Chapter 8, Buildings, of the Code of Ordinances of the City of Dania Beach, is amended to add Section 8-141, to read as follows: Sec. 8-141. Rate of wages fringe benefits on city construction contracts. u Establishment of Minimum Wages Every construction contract in excess of fifty thousand dollars ($50 000 00) to which Dania Beach is a Party shall include a provision that the rate of wages and fringe benefits or cash equivalent for all laborers mechanics and apprentices and similar iobs (i.e., non office) listed by the Department of Labor Employment Standards Administration Wage and Hour Division and employed by any contractor or subcontractor on the work covered by the contract shall not be less than the prevailing rate of wages and fringe benefit payments or cash equivalent for similar skills or classifications of work as established by the General Wage Determinations Issued Under the Davis-Bacon and Related Acts, U.S. Department of Labor Employment Standards Administration Wage and Hour Division for Broward County Florida. (b) Implementation of the Department of Labor General Wage Determinations The prevailing wage rate and fringe benefit payments to be used in the implementation of this section shall be those last published by the U.S. Department of Labor as noticed in the Federal Register and reported in the General Wage Determinations Issued Under the Davis-Bacon and Related Acts prior to the date of issuance of specifications by Dania Beach in connection with its invitation for bids. fc) Notice Reguirement On the date an employee commences work on a construction contract to which this section applies the contractor shall be required to post a notice in a prominent place at the work site stating the requirements of this section. 1 ORDINANCE NO. 23-98 i 1 u Preemption by Federal Funding. When construction contracts involve federal funding or are otherwise subiect to the provisions of the Davis-Bacon Act (40 U.S.C. 276(a)) this section shall not apply: and the minimum wages to be paid the various classes of laborers, mechanics and apprentices shall be based upon the wages determined by the secretary of labor in accordance with the Davis-Bacon Act (40 U.S.C. 276(a)). (e� Exceptions The provisions of this section shall not apply to any existing contract or construction protect in which a notice for bids or request for proposals has been advertised in the public media prior to the effective date of this section or to any developer agreement whereby Dania Beach is requiring the construction of certain improvements including, but not limited to road construction as condition of the issuance of a development permit or to any construction proiect performed by Dania Beach utilizing its own employees. Section 2. If any section, clause, sentence or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 3. All ordinances or parts of ordinances or resolutions or parts of resolutions in conflict with the provisions of this ordinance are hereby repealed. Section 4. This ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED on first reading on November 24, 1998. PASSED AND ADOPTED on second reading on December 8, 1998. MAYOR— COMMISSIONER A EST: J ROLL CALL: �� MAYOR CALI - YES CITY CLEW-AUDITOR VICE-MAYOR ETLING - YES COMMISSIONER BERTINO-YES COMMISSIONER MIKES - NO APPROVED AS TO FORM COMMISSIONER HYDE - YES AND CORRECTNESS: � n By: / THOM J. A SBRO CITY ATTORNEY 2 ORDINANCE NO. 23-98 I I S U N — S E N T I N E L PUBLISHED DAILY FORT LAUDERDALE, BROWARD COUNTY, FLORIDA BOCA RATON, PALM BEACH COUNTY, FLORIDA NOTICE OF HEARING MIAMI, DADE COUNTY, FLORIDA BEFORE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA,REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES: NOTICE IS HEREBY GIVEN that the City Commission of ;ATE OF FLORIDA the City of Dania Beach,Florida,on December 8, 1998 at 7:30 PM or as soon thereafter as the matter maybe heard, COUNTY OF BROWARD/PALM BEACH/DADS will conduct appublic hearingm the City Commission room of the Dania City Hall, 100 West Dania Beach Boulevard, Dania to consider the proposed adoption of the ( BE/REE E . I GNED. AUTHORITY PERSONALLY APPE Dania,FloridaFl Ordinances entitled: -AN ORDINANCE OF THE CITY OF DANIA BEACH,FLORI- . W H 0 O N OATH S AY S T H A CDODE OF ORDINADING NCES.ROVI IV OF DINGPIN SECTITER 18 ONT18E A DULY•AUTHORIZED REPRESENTATIVE OF THEN�FITeir"ENPERCENTHPROVIDINGNUM SECTIONIST 42 21IB AN INCREASE IN 1'HE MONTHLY RETIREMENT SSIFIED DEPARTMENT OF THE SUN—SENTINEL, DAILY BIIN FIT FOR MEMBERS RETIRING ON OR AFTER 1/1/99 BY ONE PERCENT FOR THE 16TH THROUGH NEWSPAPER PUBLISHED IN BROWARD/PALM BEACH/DADE C 025TH YEARS OF SERVICE AND INCREASING THE MA%I- NG IN SEC. FLORIDA THAT THE ATTACHED COPY OF ADVERTISEMENT, MUM BENEFIT FORBY FUTEN ERCENT; PROVIDIERVEAD TION 18.42(9) FOR FUTURE BENEFIT RESERVE AND HEALTH SPECIFIC PRO IDINGPARTICIPATION IPATIO IN 18-43 B SPECIFIC LIMITATIONS IO PARTICIPATION IN THE EMPLOYEE PROVIDING IN SECTION 18-441MMA THAT NOTICE EMPLOYED CONTRIBUTIONS PICKED FOR CALCULAT- ING TH E CITY SHALL BE CONSIDERED AS EARNING FOR VIDING AVERAGE MONTHLY EARNINGS PROVIDING IN SECTION 18-44f1NE L INCREASE IN T-PROVIDING AG- IN THE MATTER OF FOR A SAVRUED INGSS CLAUSE.PROVIDING PERCENT- A REPEAL- ER; AND PROVIDING FOi AN EFFECTIVE DATE.- AMENDING ARTICLE IV 'AN ORDINANCE OF THE CITY OF DANIA BEACH FLORI- DA,AMENDING SECTION I8-292(bN11,18-29.%a 11 AND 18-29.WaN41 OF ARTICLE III OF CHHAPTER 19 F THE CODE DINANCES PROVIDING FOR AN INCREASE IN THE CIRCUIT COURT, WAS PUBLISHED IN SAID NEW SP INHE AMOUNT FITS FOR GENERAL EMPLOYEES' PROVIDINGTFORA THE ISSUES OF CHANGE IN THE AMOUNT OF MEMBER CONTRIBU- TIONS REQUIRED TO FUND SUCH INCREASE;PROVID- C , 1 1 /27, 1 X ING FOR THE CITY'S'PICK UP'OF A PERCENTAGE OF MEMBER CONTRIBUTIONS;PROVIDING FORA REPEAL- ER-PROVIDING FOR A SAVINGS CLAUSE-PROVIDING FOR CODIFICATION; AND PROVIDING FOA AN EFFEC- AFFIANT FURTHER SAYS THAT THE SAID SUN—SENTINEL TIVEDATE.- 'ANTHION OF NEWSPAPER PUBLISHED IN SAID BROWARD/PALM BEACH/DACITYOOFDIDANAE BEACH•FLIORIDA TY MMI ESTABLSHINGHA COUNTY, FLORIDA, AND THAT THE SAID NEWSPAPER HAS .A MINIMUM SWAGE REQUIREMENT ONCERTAINCON- BEEN CONTINUOUSLY PUBLISHED IN SAID BROWARD/PALM . OR RUCTION PARTS OF ORDINANCES AND ALL THAT LESORDI- NANCES - `UNTY, FLORIDA, EACH DAY, AND HAS BEEN ENTERED AAREI REPEALEPARTS TO THE EX OF TENT OFOSUCH CNS IN ONFLICT US ASS MATTER AT THE POST OFFICE IN FORT LAUDER DALVIDING PROVIDING FOR ANEEFFECTIVECLA DATE E; FURTMER, PRU- dROWARD COUNTY, FLORIDA, FOR A PERIOD OF ONE Y E A RDA AN RDINANCE OF AMENDING ARTICLETY OF OF DANIA CHAP EACH,FORi- RBOFTHE PRECEDING THE FIRST PUBLICATION OF THE ATTACHED CSYSTEMS'ORINANCGFORtAREG 'PRIVAY SYSTEM ADVERTISEMENT: AND AFFIANT FURTHER SAYS THAT HE/SFOR THENES PRIVATE ALARM ENT SYSTEMS; PROVIFEES,DING NEITHER PAID NOR PROMISED ANY PERSON, FIRM OR C ORT EA FOR VIOLATIONS RIONSA SYTEOFADMTRATIONNDA OCE FORH ON ANY DISCOUNT, REBATE, COMMISSION OR REFUND FOR THOR DENIAL OF 25 FPEMITS-REPEALINGEXIISTINGDING THAT CORE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION INDIN HEREWR PARTS OFOREDIN TOCEE.CONFLICT OF NEWSPAPER. SUCH CONFLICT;AND PROVIDING FOR AN EFFECTIVE DATE.' 'AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH,FLORIDA,PERTAINING TO NO- TICE IN CONNECTION WITH ZONING AND LAND USE . . REGULATIONS CHANGES OR AMENDMENTS-REPEAL- ING SECTION 11.10,ENTITLED'AMENOMENTA TO ZON- • GNATURE OF•AFf IANT) ING CODE AND/OF LAND USE PLAN'OF ARTICLE II. AMENDMENTS-,OF CHAPTER 28 -ZONING' OF TH9 ENTICITYRETY;AMEND NG SECTION 1 e 0 1 ENTITSED,PE SWORN TO AND SUBSCRIBED BEFORE ME TITIONER-APPLICANT REQUIREMENTS' OF ARTICLE 'AMENDMENTS- PPL CHAPTER Z THIS 27 DAY OF NOVEMBER CLAR F AICATONEQUIREMENTSPERTAINING TO PROPERTY OWNERS'REOUESTS FORCHANGES TO A.D. 1 9 B ZONING AND LAND USE REGULATIONS; FURTHER �1 . . .. . ...... .. . PROVIDING A CONFLICTS CLAUSE A SEVE Rle in the CLAUSE;AND PROVIDING FOR AN trFECTIVE DATE.- A copy of these fork, City Hall.Ordi 1 0 are oil file a the . .... .. .. a.. . Boule a the City Clerk,City Mall, 100 West Dania Beach Boulevard, Dania, and may be Inspected by the (SIGNATURE l+8 public during normalal working hours. fV(C.• 't.� Interested Games may appear at the proposed. An meeting +R 'Y• MYCOMAfWONe�A.sh;. who be hears with respect to the Proposed. Any person ?•i F'� who decides to appeal any any matter mane by the City EXPIIES;OCNOk 29, Commission with respect to any rocer considered at such & IOI�YA Tin Wzy Pitt*{1ld wne.. hearing will need a record of the pa verbatim end for such purpose may need made,ensure that a verbatim recordtest cl Nil pnd evi encngs Is up which the record ealuIs to testimony ... . ...... ... . . end accordance upon which the appeal h i be based. �� � � �� �� � �� �� � �� � � In accordance with the American with Disabilities Act, (NAME OF NOTARY TYPED, PR I,Yf ED OR STAMPED ) persons needing assistance to participate in any of the proceedings should contact Marie Jabalee,City.,Clerk 100 West Dania Beach Boulevard,Dania,Flonda 33004,(954) 921-8700 ex1.202 at least 72 hours prior to me meeting. -RSONALLY KNOWN . .... . .. ... . ... . ..... OR /a/ Charlene Saltelain is Deputy C,y Clerk November A. 1998 , RODUCED IDENTIFICATION . ... . .. . . . . .. . .. . i _J LASON SYSTEM'S INC;., :11) -E. 6954 N.W. 12 STREET, MIAMI. FLORIDA 33126 305-477-9149 • 800-287-4799 • FAX 305-477-7526 e a photocopy in poor con d Iml ion FC 017 i I I