15-R-55 - Adoption of Prevailing Wage Rates for Public Works ConstructionRESOLUTION NO. 15 -R -55
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING THE ADOPTION OF PREVAILING
WAGE RATES FOR PUBLIC WORKS CONSTRUCTION AS
DETERMINED BY THE U.S. DEPARTMENT OF LABOR, AND OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, the City of Schertz (the "City ") is required by Chapter 2258 of the Texas
Government Code to determine the prevailing rate of per diem, and a prevailing rate for legal
holiday and overtime work, in the locality for each craft and type of worker needed to perform a
contract for public works construction; and
WHEREAS, Chapter 2258 allow municipalities to use prevailing wage rates as
determined by the U.S. Department of Labor in accordance with the Davis -Bacon Act (40 U.S.C.
Section 276a, et seq.), and its subsequent amendments, in lieu of conducting wage rate surveys
and compiling wage rate schedules; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby elects to use the prevailing wage rates as
determined by the U.S. Department of Labor in accordance with the Davis -Bacon Act (40 U.S.C.
Section 276a, et seq.), and its subsequent amendments, in lieu of conducting wage rate surveys
and compiling wage rate schedules.
Section 2. If and when the U.S. Department of Labor's wages rate schedules may be
revised, updated, or amended, such revisions, updates and amendments shall automatically apply
for the construction of public works in the City, but shall not be applied or enforced retroactively
to any public works project for which a formal agreement has been executed prior to the
revision, update or amendment.
Section 3. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 4. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 5. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 6. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 7. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 8. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
PASSED AND ADOPTED, this day of �, , 2015.
CITY OF SCHERTZ, TEXAS
Michael R. Carpenter, Mayor
ATTEST:
City Secretary, Brenda Dennis
(CITY SEAL)
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