The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-02-09
PROPOSED AMENDMENTS.

trict Sncb bonds shall be callef, aIocai Improve
ment Bonds District no. -, OF the City OF seat
after date and shall be subject to annual cali by the
city treasurer, in such manner and amounts as ne
NAV have cash on hand TO pay the same in the
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 case
shsil such bonds bear higher rate of interest than
nine per cent per anna' SAD interest sna III, re
treasurer Such bonds shall be sold ater thirty days
public notice thereof given, 70 the highest bidder
therefor but in 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 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 we'll 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
Ike bossr or holders of such bonds shall LOOK only
TO such fund for the payment Of either the prnci-
pal or the interest of said bonds
Resolved that section h. ofarticie 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 ana
expense of such Improvement In excess of the to-
tai required TO defay all the expenditures by
the city on account thereof shall be refunded, on
demand, to tie person or persons who nave over
paid the same, to the amount of such over pay
ment; and if there shall be such excess in the
sessment 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
provided for be made within two years from the
date upon which the assessment for such local i'm
provement became due. Any such funds remain
Ing In the treasury after ,ne expiration o. twoyers
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 for the work of which has
not been paid.
Resolved That article eight (vITI) of the free
holders charter be amended by adding section
thereto be section twenty-nne to read as follows:
sec. 20. subdivision 1.-Bsfore any contract for
the doing of any work or labor, or furnishing any
skill labor material to or for the city Of Seattle
shall be valid 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 for the use OF all persons who NAV perform or
cause to be performed any work or labor, or fur
nish cause furnished any skill, labor ma
terai In the execution of such contract conditioned
to perform the contract according TO its terms
ditions and stipuatons 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 SO 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 liked by
the board of public works, but not less than fifty
per cent than the contract price agreed to be
paid for the performance of such contract and shall
be duly signed by such contractor and two
more good and sufficient suretes and after being
approved as herein provided. shall be filed in the
Office of the city comptroller OF Seattle.
Subdivision 2. 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
shall be equal to two sureties justifying in double
the amount of the bond in the manner herein pro-
vided.
Subdivision g. 1t shall be the duty of the cor
poration counsel of said city to see that such bond
is fully and properly executed and conforms in all
respects to the provisions of this section: and
thereCpon shall indorse on said bond his approval
of the form thereof such bond and the suretie5
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
proval of the form thereof be Endorsed thereon nor
unless the sureties such bond appear personally
before the mayor and comptroller ii required, aud
are by them examined touching their fitness and
ability TO become sureties on such boBd and it
shall he the duty of such mayor and comptroller TO
reject any person notwithstanding ms Jusuhcatlon
subscribed to the bond If they shall deem such
person of insufficient ability or otherwise unfit to
become a surety on such boD0.
Subdivision 4. No contract with said city for the
doing of any public work shall hereafter be as
signed 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
thereof shall in any wise affect such bond or
the liability of the sureties thereon, and
any assignment or transfer, without such
consent and waiver Endorsed thereon, except
by operation of law, Of any such contract shall
make the null and void, rs to any further
performance thereof by the contractor or his
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, 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 sure nder, either voluntary or
otherwise, of any contract with said city for the
doing of any work labor or the furnishing of any
work or labor skill or material nor any change in
any such contract, nor any extension of time IN
which to complete any such contract shall ever
operate to release the sureties on the bond in
his act provided for; and no such assignment
transfer, abandonment, surrender, change or ex-
tension OF time shall ever he pleaded as a 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 more of the sureiies on such bonds have
become insolvent or for any no longer
fit and surcient sureties. require any such con-
tractor TO file a new or additional bond within ten
days after nosfe 70 that erect and the;T,eupoin
additional bond hall be filed with the city comp
troller of said city. and if any such contractor
shall fail for ten days after notice to that effect TO
file new additional bond. as aforesaid, his con-
tract shall by that fact alone become fully ended
and void 10 further performance thereof by such
contractor And thereupon said board of public
work shall proceed to re-let such contract said
board may in its discretion proceed to complete
the same as the agent and at the expense of such
contractor and his bondsnlen.
subdivision .. If any such contract shall for
any reason become ended or void and the board Of
public works shall compete the same, as 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 necome endel or void, in such case it shall
he the duty of the corporation counsel OF the city
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 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 skill or material with
any person who within two years prior thereto,
shall have made default In the payment of any
lust claim for any work or labor performed or for
any skill or material furnished pursuant 10 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
pete any such contract. except rs 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. Il. W. JONES,
President House of Delegates.
Passed board of aldermen this LIST day Of Feb
ruaTy, 1892. 4. :. MILLER,
President Board of Aldermen.
Approved by me this LIST day of February, 1892
GEORGE W. HALL, Mayor.
Filed by me this 1st day Of February, 1892
II. W. MILLER, CITY Clerk.
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