The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-02-26
PROPOSED AMENDMENTS.

naent Bonds, District No -, of the City of seat
tle;" shall be payable not more than ten years
alter date and shall be subject annual call by the
city treasurer in such manner and amounts he
may have cash on hand to pay the same in the
respective local improvement fund from which
such bonds are payable, and shall pear interest n
such rate per annum as the city council shall by
ordinance determine; provided that case
shall such bonds bear higher rate of interest than
nine per cent. per annum; said interest shall be
treasurer snch bonds shall be sold after thirty days
public notice thereof given. TO the highest bidder
therefor but In no case shai 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 Improvements district,
rs 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 holders Of such bonds shall look only
to such fund for the payment Of either the princi
pal or the interest of said bonds
Resolved that section l3. ofartcle VIII. OF the
freeholders charter be amended so as to read as
see I3 ANY funds remaining in the treasury
district after the payment of the whole cost and
expense of such Improvement in exces, of the to-
tai sum required TO der ay all the expenditures by
the city account thereof, shall be refunded.
demand to the person or persons who have over
paid the same, 10 the amount of such over pay
ment: and II there shall be such an excess in the
sessnlept of any person who shall not have paid
his assessment rebate shall. on demand, be al
lowed to such person to the amount of such over
assessment: provided such demand herein above
date upon which the assessment for such local inn
provement became due. Any such funds remain
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 (vIII) of the free
holders charter be amended by adding a section
thereto section twent to read follows:
Sec. 2g. Subdivision l.-Bs fore any contract for
the doing of any work or lanor or furnishing any
Skill labor material TO for the city of seattle
shall be valid binding against said city the
tractor shall enter into a joint and several bond
also for the use of all persons who NAV perform or
cause TO be performed any work or labor or fur
nish or cause to q furnished any skill labor or ma
terial in the execution of such contract conditioned
TO perform the contract according to its terms
due all just claims for all work and labor per-
formed. and all skill or labor and material fur
nished in the execution of such contract, and 10
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 cent more than the contract price agreed be
paid for the performance of such contract and shall
more good and sufficient sureties. and after being
approved as herein provided shall be filed in the
office of the city comptroller 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 aud different
sums less than the sum specified In such bond;
provided that the aggTegae OF their justification
the amount of the bond in the manner herein pro-
vided.
subdivision 3. II shall be the duty of the
poralion 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 bofId his approval
Of the form thereof such bond and the sureties
thereon shall be subject TO approval by the mayor
and comptroller, but they shall not approve any
such bond unless the said corporation counscls
prevail of the form thereof be indorsed thereon nor
q
before the mayor and comptroller il required, and
are by them examined touching their fitness and
ability 10 become sureties on such bond: and it
shall be the duty of such mayor and comptroller to
reject any person, notwithstanding his Justification
person of insufficient ability otherwise unfit TO
become a surety on such bono.
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 bond, and no transfer or assignment
the shn IN any wise affect ss eeo bond
any assignment transfer without such
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; aud
the board of public works of said city shall at
proceed to re-iet 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 sure nder, either voluntary
otherwise, of any contract with said city for the
doing of any work labor or the furnishing of any
work labor skill material. nor any change in
any such contract, nor any extension OF time IN
which to complete any such contract shall ever
this act provided for: and such assignment
transfer, abandonment, surrender, change or ex-
tension OF time shall eyer be pleaded as defense
10 any action upon such bond III any court in this
state.
subdivision 5. The board of public works of the
city of Seattle may, whenever in their judgment
more of the sureties on such bonds have
become insolvent, or for any cause are no longer
TT and SUI ctent sureties, require any such con-
tractor to file additional bond within ten
days after notice TO that effect; and therenpon
all work such contract shall cease until such
additional bond shall be fled with the city comp
trolier OF said city, and if any such contractor
file new or additional bond, as aforesaid, his con-
tract shall by that fact alone become fully ended
and void TO further performance thereof by such
contractor. And thereupon said board of public
work shall proceed TO 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 bnndsmeD.
subdivision g. If any such contract shall for
any reason become ended or void and the board Of
public works shall complete the same, in this
section provided, and the costs OF 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 II shall
be the duty of the corporatl IN counsel of the city
of Seattle to at once commence 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 tine the same became ended
Seattle are hereby prohibited from entering into
any contract for the doing Of any work or labor
the furnishing Of any skill 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 com
pleIe 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. II. w. JONES,
President House of Delegates.
Passed board of aldermen this LIST day of Feb
ruary, 1892. A. :. MILLER,
President Board of Aldermen.
Approved by me this LIST day of February, 1892
GEORGE w. HALL Mayor.
Filed by me this LIST day of February, 1892.
II. W. MILLER, City clerk.
Date of first publication February ., 1892.
DRoPoSED AMENDMENT No. Ga PROP
L osition to amend sections 40 and IL of article
TX. of the freehoiders charter. adopted october l.
A. ID. 1890.
M