The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-11-20
CITY NOTICES.

public notice thereof given. TO the highest bidder
thereof but IN shall such bonds be sold for
less than par, and the proceeds shall be applied in
payment OF such Improvement: provided that
when the mode Of payment by bonds has been
determined upon the Improvement shall not be be-
gun until the bonds shall have been negotiated
and all funds raised in each improvement district
as well as funds borrowed therefor shall be paid
into fund for such district TO be called Local i'm
provement fund district No. of Seattle and
the holder or holders Of such bonds shall look only
70 such fHnd fer the payment of either the prnci-
pal or the interest Of said bonds
Resolved that section ID. ofarticie VIII OF the
follows:
sec. l3. Any funds remaining In the treasury.
belonging To the fund of anr local imprnvemaoot
district, AFTER the payment of the whole cost and
expense or such Improvement, in excess of the To-
iai sum required 10 defray all the expenditures by
the city on account thereof shall be refunded on
demand, TO the person or persons who have over
paid the same, 10 the amount Of such over pay
ineht; ana there shall be such In the as
s.ssment OF any person who shall not have paid
MS assessment rebate shall. demand be al
assessment; provided. such de- and herein above
pioyided for be male within year from the
cate upon which the assessment for such local inn
pfoyenleht became que. Any such funds remait,-
ing In the treasury after the expiration of one year
from the daie aforesaid, for which no demand
mas been made as herein provided belonging 20
any local Improvement district after the payment
OF the whole cost and expense of such improve
neDt shall be transferred t. the fund of the erlies,
formed district the cost for the work of which has
Resolved That article eight (vIII) of the free
holders charter he amended by adding a section
n
:. &c. -. SUBDIVISION l.-B fore any contract for
the doing of any work or lab0, or furnishing any
sSlll labor or material TO for the city of Seattle
shalI De valid or binding against said city the con-
tractor shall enter into joint and several bond
with the city of Seattle for the of SAID city and
also Tor the use OF all persons who may perform
cause to be performed any work or lab r or fur
nlsh or cause 10 furnished any skill labor or ma
terai IN the execution OF such Contract conditioned
To perform The contract according TO its con-
ofti0ns and stpulatioBs and TO pay they become
due all just claims for all work aud labor 80 per
formed. and al skin or labor and material so fur
hished In the execution Of such contract and 10
comply with al the requirements OF The charter
ard ordinances of said city and the arnenFments
thereto, which bond shan be in amount fixed bv
the board of public works but NOT les than no
contract price agreed to be paid for the performance
OF such contract and shall oe duly signed by such
sureties. and after being approved as herein pro-
vided snail be fled in the office of the city comp
troller OF Seattle.
Subdivision :. The sureties on such bond shall
each justify AS bail upon arrest.
More than two sureties may be accepted on such
bond and they may justify in separate and different
sums less than the sum specified in such bond:
provided, that the aggregate of their Justification
snail De equal to two sureties justifying in double
the amount OF the bond in the manner herein pro-
vided -
poration counsel Of said city that such bond
Is fully and properly executed and conforms in all
respects TO the provisions of this section; and
thereupon snail ndorse said bond his approval
OF the form thereof such bond and the sIlretle,
thereon shall be subject TO approval by the MAYOR
and comptroller, but they shall not approve any
such bond unless the said corporation counsels APP
pFDNal OF the form thereof be Endorsed thereon
unless the suretes on such bond appear personally
before the mayor and comptroller If required. aad
are by them examined touching their fitness and
ability to become sureties such bond: and il
shall be the duty of such mayor and comptroller TO
reject any person Notwithstanding his justification
subscribed 10 the bond, If they shall deem such
person Of insufficient ability otherwise unfit to
become surety on such bond.
subdivision 4. No contract with said city for the
doing OF any public work shall hereafter be
signed or transferred in any manner without first
having Endorsed thereon the consent of the board
of public works and of the sureties on the con-
tractors bono, and no transfer assignment
thereof shall In any wise affect such bond or
the liability of the suretes thereof and
any assig ment or transfer, without such
consent and waiver Endorsed thereon. EXCEPT
by operation OF law, of any such contract shall
make the same null and void, any further
performance thereof by the contractor his as
signs without any act on the part OF said city; and
the board OF public works of said city shall at once
proceed 70 re-let such contract or said board may
In its discretion, proceed TO complete the same as
the agent and al the expense of such contractor
and his bondsmen. No assignment transfer
abandonment surrender. either voluntary or
Otherwise of any contract with said city tor the
doing of any work or labor or the furnishing of any
labor skill or material nor any change In any such
contract, nor anv extension of time in which to
complete any such contract shall ever Operate to
release the snretes on the bond in this act pro-
vlded for; and no such assignment, transfer aban-
donnent surrender change or extension Of time
shall ever be pleaded defense TO any action
upon such bond In any court in this state.
Subdivision 5 The board of public works Of the
city OF Seattle may, whenever in their Judgment
one or more of the sureties on such bond have
becom insolvent, or for cause longer
~
tractor 10 file new additional bond within ten
days after notice to that effect; and thereupon
ali work on such contract shall cease until such
additional bond shall he filed with the city comp
troiler OF said city, and If any such contractor
shall fail for ten days after notice to that effect to
file additional bond. rs aforesaid, his
contract shall by that fact alone become fully
ended and void as 10 further performance thereof
by such contractor. And thereupon said board OF
public works shall proceed TO re-let such contract.
or said board may, in its ctscretion, proceed to
complete The same the agent and at the expense
OF such contractor or his bondsmeD.
Subdivision o. If any such contract shall for
any reason become ended or void and the board of
section provided. and the costs of 50 completing
such contract shall exceed the amount unpaid By
said city upon such contract at the time the same
shall become ended void In such il shall
De the duty OF the corporation counsel of the city
of seattle 10 at once commence an action in the
name of said city against such contractor and his
b0Bdsmen for the recovery of the difference in
amount between the cost of so completing such
contract and the amount unpaid by said city upon
such contract at the time the same became ended
or void. The board of public works of the city of
Seattle are hereby prohibited from entering into
any contract for the doing Of any work or labor or
the furnishing of any Skin material with
any person who within two years prior thereto.
shall have male default in the payment OF any
just claim for any work or labor performed or for
any skill or material furnished pursuant 10 any
sich contract with said city, with any person
VINO. within two years prior thereto. shall have
assigned abandoned, surrendered or tailed to COM
pete any such contract, except herein author
ized, or who shall have failed to comply with any
OF the provisions of this section
II. W. MILLER.
Clerk of the City of seattle.
Date OF first publication, November Il, 1891.
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