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A. Purpose and Findings. The purpose of this Section 3.37.200 is to ensure that the City of Visalia remains eligible to receive funding for various projects from the State of California while preserving the city's ability to control the manner in which it contracts for municipal projects. The city council of the City of Visalia finds that S.B. 7, adopted by the Legislature of the State of California in 2013, unconstitutionally conditions the ability of the City of Visalia to receive funding from the State of California on the city's compliance with the state prevailing wage law for all local projects, even those that do not utilize state funding. The city council finds that such requirement will cause local projects, which do not involve any state funding and must therefore be paid for entirely from local funds, to increase in cost significantly, thereby constituting a detriment to the residents of the City of Visalia whose tax dollars are utilized for local projects. The city council further finds that S.B. 7 has been challenged by other cities on constitutional grounds, and such litigation is still pending as of the adoption of this Ordinance. The city council finds that, as long as S.B. 7 (Section 1782 of the California Labor Code) remains valid law, the city intends to comply with S.B. 7's conditions regarding local projects in order to continue to receive state funding on non-local projects, but if S.B. 7 (Section 1782 of the California Labor Code) is held to be invalid and inapplicable to Charter Cities, then the City of Visalia should no longer apply the state prevailing wage law to local projects. In furtherance of these findings, it is intended that the provisions of this Section 3.37.200 cease to be applicable in the event that S.B. 7 (Section 1782 of the California Labor Code) is found by a court of law in the State of California to be invalid or its enforcement and effect is staid pending appellate review.
B. Compliance with State Prevailing Wage Laws. Subject to subparagraph C. below, all city contracts for public works advertised for bid after December 31, 2014, shall require payment of the prevailing wage schedule and shall comply with Article 2 of Chapter 1, Part 7, Division 2 of the California Labor Code, and with California Administrative Code provisions enacted pursuant to those Articles.
C. Repeal or Suspension of Section in Event of Invalidity of State Law or Stay of Enforcement.
1. This section shall no longer be of any force or effect upon the entry into the official records of the City of Visalia of a final judgment invalidating Labor Code Section 1782 (Senate Bill Number 7 (2013)) entered in the matter of City of El Centra et. al. v. Lanier et. al. (San Diego Superior Court Case Number 37-2014-00003824-CU-WM-CTL, filed February 20, 2014) or any other action challenging said section. A statutory invalidation, for the purposes of this ordinance, includes a judgment finding that Senate Bill Number 7 (2013) (California Labor Code Section 1782), and any amendments thereto, is not a matter of statewide concern and/or does not apply to the municipal affairs of any Charter City.
2. This section shall not be given effect during the period of time that a judicial order staying the enforcement of S.B. 7 (2013) (California Labor Code Section 1782) pending judicial review remains in effect, provided the order implementing such a stay is entered into the official records of the City of Visalia. (Ord. 2014-13 § 2, 2014)