The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-02-08
PROPOSED AmEsDwEsrs.

| trict Such bonds shall be called Local Improve
ment Bonds, District \ o. -, of the City OF seat
tie" shall be payable not more than ten years
date and shall be subject annual cali by the
city treasurer in such manner aud amounts as he
may have cash on hand 10 pay the same in the
| respective local improvement fund from which
SUCH bonds payable. and shall bear interest at
such rate per annum as the city council shall by
ordinance determine. provided. that Ia no case
shall such bonds bear higher rate of interest than
| nine per cent per snnun; said interest shall be
/ payable serniannnally 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 he sold for
less than par and the proceeds shall be applied in
payment of such improvement; provided, that
when the mode of payment by. bends has been
determined upon fhe 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, 10 be called Local I'm
provement Fund District No. of Seattle and
the holder OF holders OF such bonds shall look only
70 such tund for the ment OF either The prinoi
pal or the interest Of said bonds
Resolved that section j. 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 impr yvement in excess of the
tai required TO defray all the expenditures by
| the city on account thereof. shall be- refunded
demand. to the person or persons who have over
paid the same, 10 the amount of such pay
ment and if there shall be such excess in the as
sessnient of any person who shall not have paid
| his assessment a rebate shall. demand be al
| lowed TO such person 20 the amount of such over
| 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 the expiration OF two 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 10 the fund OF the earliest
formed district the cost for the work Of which has
| not been paid.
Resolved That article eight (vIII) Of the free
holders charter be amended by adding section
thereto TO be section twenty-nine to read follows:
Sec. 20. Subdivision LIB. fore any contract for
the doing OF any work or labor, 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 VINO NAV perform
nish or cause TO furnished any skill lshor or ma
teriai in the execution OF such contract conditioned
to perform the contract according To its terms con-
ditions and stipuIatioDs and TO pay they become
due all just claims for all work and labor per-
formed and ali skill or labor and material so fur
nlshed 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
oe duly signed by sucn 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 bail upon arrest.
More than two sureties may he accepted on such
bond, and they justify in separate aud different
sums less than the sum specified in such bond;
provided, that the aggregate of their Justification
shall be equal to two suretes ustifying in double
the amount of the bond in the manner herein pro-
vided.
Subdivision g. 1t shall he 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 shall be subject to approval by the mayor
and comptroller, but they shall not approve any
such bond unless the said corporation counsel's APP
q thereof nNr
unless the Sureties 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 il
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 otherwise unit to
become surety on such bona.
subdivision 4. 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
OF public works and of the sureties on the
thereof shall in any wise affect such bond
the liability of the snretieS thereon, and
consent and waiver Endorsed thereon, except
by operation of law, of any such contract shall
make the same null and void, 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
proceed 10 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. No assignment, transfer
abandonment nder, either voluntary or
otherwise, of any contract with said city for he
doing of any work or labor or the furnishing OF auv
work or labor skill or material, any change in
any such contract, nor any extension OF tine in
which to complete any such contract shall ever
operate TO release the sureteS the bond in
this act provided for: and no such assignment
transfer. abandonment, surrender, change ex-
tension of time shall ever be pleaded a defense
toany action upon such bond IN any court in this
state.
city OF Seattle may, whenever in their Judgment
one or more of the sureties on such bonds have
become insoivent, or for any cause are no longer
ht and su cient sureties, require any such con-
tractor to file new or additional bond within ten
days after notice 10 that effect; and thereupon
all work 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 ten 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 as 10 further performance thereof by such
contractor And thereupon said board of public
work shall proceed TO reeC 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 q. If any such contract shall for
any reason become ended or void and the board of
public works shall compete the same in this
such contract shall exceed the amount unpaid by
said city upon such contract at the time the same
shall necome endei or void. in such case 1t shall
be the duly of the corporate counsel of the city
OF Seattle % at once commence an action In the
name of said city against such contractor and his
bondsmen Tor the recovery of the difference in
amount between the cost of completing such
contract and the amount unpaid by said city upon
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 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 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 failed 10 COM
plete any such contract, except as herein author
Red. 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. X. W JONES
President House of Delegates.
Passed board of aldermen this LIST day of Feb
Tuary 1892. \. : 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, 1897
II. W. MILLER. City Clerk
Date of first publication February ., 1892
DROPOSED AMENDMENT NO. Ga PROP
Il ostion to amend sections 30 aud Al OF article
IX. of the freeholders charter, adopted October l.