The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-02-10
pRoposED AMEyDmEsrs.

trirt Such bonds shall be called Local Improve
msnt Bonds District No. -, of the City OF seat
tie shall ee @ subject o ,,s cs III ~ he
city treasurer. in SUCH manner and amounts as he
may have cash on hand 70 pay The same IN me
respective local improvement fund from which
such bonds are payable. and shall bear interest at
such a rate per annum as the city council shall by
ordinance determine. provided, that IN no case
shall such bonds higher rate OF interest than
nine per cent. per annum; said interest shall be
PAYABLE mi-ennuaiiy at the office of the city
treasurer such bonds shall be sold after thirty days
public notice thereof given, 10 the highest bidder
therefor but in no case 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 oy bonds mas 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 sach bonds shall look only
TO such fund for the payment of either the princ-
pal or the interest OF said bonds
Resolved that section 10. ofarticle VIII. OF the
freeholders charter be amended SO as to read as
follows:
belonging to the fund Of any local Improvement
district, after the payment of the whole cost and
expense of such Improvement In excess OF the To-
the city on account thereof, shall be refunded on
demand, to the person or persons who have over
paid the same, to the amount OF such over pay
ment. and II there shall be such in the
sessrnent OF any person who shall not have paid
MS assessment a rebate shall. on demand, be al
lowed TO such person to the amount of such over
assessment; provided, such demand herein above
provided for be made within two years from the
date upon which the assessment for such local inn
provement became due. Any such funds remain
ing in the treasury after the expiration OF years
from the date aforesaid, for which no demand
has been made as herein provided, belonging to
any local Improvement district. after the payment
of the whole cost and expense of such improve
ment shall be transferred to the fund of the earliest
formed district the cost for the work Of which has
Resolved That article eight (yIII) of the free
holders charter be amended by adding a section
thereto be section twenty-nne. to read as foows
Sec 30 subdivision 1.-Bsfore any contract for
the doing of any work or labor, or furnishing any
skill labor or material TO or ior the city OF seattle
tractor shall enter into joint and several bond
with the city OF Seattle for the use of said city and
also for the of all persons who may perform or
cause he performed any work or labor. or fur
nish or cause 10 furnished any skill, labor
teral In the execution OF such contract conditioned
to perform the contract according to its terms
ditions and stpulatops and TO pay as they become
due all Just claims for all work and labor so per-
formed. and all skill or labor and material fur
nished in the execution of such contract, and to
comply with all the requirements of the charter
and ordinances of said city and the amendments
thereto. which bond shall be In an amount fixed by
the board of public works. but not less than fifty
per than the contract price agreed to be
paid for the performance of such contract and shall
be duly signed by such contractor and two or
approved as herein provided shall be filed in the
office OF the city comptroller OF Seattle.
Subd vision 2. The suretes on such bond shall
each justify as bail upon arrest.
More than two sureties may be accepted on such
bond and they Justify IN separate and different
sums less than the sum specified In such bond;
provided, that the aggregate OF their justification
shall be equal TO two suretles Justltying III douole
the amount of the bond in the manner herein pro-
yided-
subdivision 3. 1t shall be the duty of the cor
poration counsel of said city to that such bond
Is fully and properly executed and conforms in all
respects to the provisions of this section; and
thereupon shall indorse on said bond his approval
of the form thereof Such bond and the suretie3
thereon shall be subject to approval by the mayor
and comptroller but they shall not approve any
the D.
prevail the form thereof be Endorsed thereon,
unless the suretes on such bond appear personally
before the mayor and comptroller if required, and
are by them examined touching their fitness and
ability to become sureties on such bond; and it
shall be the duty of such mayor and comptroller TO
reject any person. notwithstanding his justification
subscribed to the bond, If they shall deem such
person of insufficient ability or otherwise unfit to
become surety on such bona.
subdivision 1. No contract with said city for the
doing of any public work shall hereafter be as
signed or transferred in any manner without first
having Endorsed thereon the consent of the board
tractors bond. and no transfer or assignment
thereof shall in any wise affect such bond or
the liability OF the snretles thereon, and
consent and waiver indorsed thereon, except
by operation of law. of any such contract shall
make the same null and void. as to any further
performance thereof by the contractor or his as
signs without any act on the part of said CITY, and
the board of public works of said city shall at
proceed TO relet such contract, or said board may,
in its discretion, proceed to complete the same as
the agent and at the expense OF such contractor
and his bondsmen No assignment, transfer,
abandonment or surrender, either voluntary or
otherwise, of any contract with said city Tor the
doing of any work labor or the furnishing of any
work or labor skill o. material, nor any change in
any such contract, nor any extension OF time IN
which to complete any sech contract shall ever
operate to release the sureties the bond in
this act provided for; and no such assignment.
transfer, abandonment, surrender, change or exi
tension Of time shall ever be pleaded a defense
10 any action upon such bond in any court in this
state.
city of Seattle may, whenever III their judgment
one or more of the sureties on such bonds have
become insolvent or for any cause are no longer
mt and cient sureties. require any such con-
tractor to file new additional bond within ten
days after notice 10 that erect; ana thereupon
ali work on such contract shall cease until such
additional bond shall be filed with the city comp
troller of said city, and If any such contractor
shall fail for days after notice TO that effect TO
file Il new or additional bond, aforesaid his
tract shall by that fact alone become fully ended
and void as further performance thereof by such
contractor. And thereupon said board of public
work shall proceed 20 re-leT such contract, or said
board may, in its discretion proceed to complete
the same as the agent and at the expense of such
contractor and his bondsmen.
subdivision g. If any such contract shall for
any reason become ended or void and the board OF
public works shall compete the same. in this
section provided, and the costs of so completing
such contract shall exceed the amount unpaid by
said city upon such contract at the time the same
shall become ende or void, In such case it shall
be the duty of the corporate IN counsel of the city
of Seattle TO at once commence an action in the
name of said city against such contractor and his
bondsmen 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 tire the same became ended
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
the furnishing OF any skill or material with
any person who. within two years prior thereto,
shall have made default in the payment Of any
Just claim for any work or labor performed or for
any skill or material furnished pursuant to any
such contract with such party, or with any person
who within two years prior thereto shall have
assigned abandoned, surrendered or failed to
plete any such contract. except as herein author
lied or who shall have failed to comply with any
Of the provisions of this section.
Passed house of delegates this LIST day OF Feb
ruary, 1892. H. W JONES.
President House of Delegates.
Passed board of aldermen this LIST day of Feb
ruary, 1892. A. ;. MILLER
President Board of Aldermen.
Apnrovei BY me this LIST day of February, 1892
GEORGE w. HALL, Mayor.
Flied by me this LIST day Of February 1892
II. W. MILLER, City Clerk.
Date OF first publication February 2, 1892.
DROPoSED AMENDMENT NO. GA PROP
Il osition to amend sections 40 and al of article
IN of the ffeeholders charter, adopted october l,
a. u. 1890.