The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-03-07
PROPOSED AMENDMENTS.

tle:" shall be payable not more thai ten wears
alter date and shall De subject 10 annual call by the
city treasurer. in such manner and amounts as he
may 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 rate per aanum as the city council shall By
ordinance determine; provided, that In no case
shall such bonds bear higher rate of interest than
nine per cent per annuni; said interest 81 ali be
payable seml-snnually 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 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,
well funds borrowed therefor. shall be paid
into fund for such district to be called Local In
proverent Fund District No. - of Seattle" and
the holder holders of such bonds shall look only
to such fund fer the payment Of either the princi-
pal or the interest of said bonds
Resolved that section -. Of article VIII. Of the
freeholders charter be amended so as to read as
sec i3. Any funds remaining in the treasury.
belonging to the fand Of any local Improvement
expense of such Enforcement in excess OF the to-
tai required TO defr ay 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, to the amount OF such over pay
nent and if there shall be such excess in the
ssssment of any person who shall not have paid
bis assessment a rebate shall. on demand, be al
lowed to such person to the amount of such over
assessment; provided, such demand herein ebove
provided for be made within two years from the
provement became due Any such funds remain
ing in the treasury after the expiration of two years
from the date aforesaid, Tor which no demand
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
not been paid.
r-soIved. That article eight (vIII.) Of the free
aoiders charter be amended By adding q section
thereto be section read as follows:
sec -. Subdivision Ii, fore any contract for
the doing of any work or Labor or furnishing any
SKILL labor material TO 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 OF ali persons who may perform or
nish or cause to &c furnished any skin, labor
terial in the execution OF such contract conditioned
to perform the contract according its terms con-
ditions and stipulations and to pay they become
due all just claims for all work and labor so per-
formed and ell skill or labor and material SO fur
nished in the execution of such contract, and to
comply with ell the requirements OF the charter
and ordinances of said city and the amendments
thereto which bond shall be in an ameunp fixed by
the board of public works, but not less than fifty
per cent more 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
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 2 The sureties on such bond shall
each justify as bail upon arrest
More than two sureties may he 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 surees justifying in double
the amount Of the bond In the manner herein pro-
vided.
Subdivision 3. It shall be the duty of the cor
poraion 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
thereupon shall indorse on said bond his Approval
Of the form thereof such bond and the sureties
thereon shalt be subject to approval by the mayor
and comptroller but they shall not approve auy
such bond unless .he said corporation coGnsel's APP
provsl of the form thereof be Endorsed thereon nor
unless the sureties on such bond appear personally
fLp -urRd MR.
ere by them examined touching their fitness and
ability TO become sureties on such bond; and il
reject any person, Notwithstanding his justification
person of insufficient ability or otherwise unfit to
become surety on such bono.
subdivision 4. No contract with said city for the
eS or ay ~ssx sna ee as
having Endorsed thereon the consent of the board
Of public works and OF the snreties on the con-
tractors bond. and no transfer or assignment
thereof shall in any wise affect such bond Or
the liability Of the suretes thereon, and
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
signs without any act on the part Of said CITY, and
the board of public works of SAID city shall at once
proceed to relet such contract, said board may,
In its discretion, proceed to complete the same
and his bondsmen. No assignment transfer.
abandonment or surrender either voluntary or
Of aerwise, OF any contract with said city for the
work or labor. skill OF material nor any change in
any such contract, nor any extension OF tiE:e in
which to complete any such contract shah ever
operate to release the sureties the bond In
this act provided for; and such assignment
tension OF time shall ever be pleaded as defense
to any action upon such bond in any court In this
state
subdivision s. The board of public works Of the
city of Seattle may, whenever in their judgment
more of the sureties such bonds have
become insolvent, or for any cause are no longer
III and su cienf sureties: require any such con-
days after notice TO that effect; and thereupon
all work on such contract shall cease until such
additional bond shall be filed with the city comp
troller OF said city, and II any such contractor
shall fail for days after notice TO that effect to
file new or additional bond 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 bondsmen.
Subdivision d. 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
be the duty of the corporation counsel Of the city
of seattle to at once commence an action in the
name Of said city against such contractor and his
bonlsnen for the recovery Of the difference in
amount between the cost Of completing such
contract ana the amount unpaid by said city upon
such contract at the time the same became ended
or void. This board OF public works OF tho city OF
Seattle are hereby PROMPTED rom entering into
any contract for the doing OF any or LABOR or
the furnishing of any skill material with
any person who. within two years prior thereto,
fhall have made default in the payment of any
Just claim for any work or labor performed or for
any skill 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 failed 10 COM
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. r. W JONES,
President House of Delesates-
Passed board of aldermen this LIST day OF Feb
ruaEy 1892. A. S. MILLER,
President Board of Aldermen.
Approved by this LIST day of february, 1892
GEORGE w. HALL. Mayor.
Filed by this LIST day of February 1892
II. W. MILLER, City Clerk.
Date OF first publication February ., 1882.
DRUPOSED AMENDMENT NO. GA PROP
osition 10 amend sections 40 aud II OF article
IN. Of the ffeeholders charter. adopted October l.
A. D. 1890.
Resolved That section 40 OF article TX of the
fEeshuiders charter be amended SO as to read as
follows:
SECTION 40 There Is hereby created an auditing
connittec which shall consist OF the mayor pres
ident Of the board OF aldermen, president OF the
house OF delegates ard comptroller Tho MAYOR
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