The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-02-24
PROPOSED AMENDMENTS.

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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 as he
respective local improvement fund from which
such bonds are payable and shsil'oear interest al
such q per annum as the city council shall by
ordinance determine; provided, that IN
shall such bonds bear higher rate OF interest
nine per cent. per annum; said interest shall be
payable semi-annualy at the Office of the city
treasurer Such bonds shall be sold amer thirty days
puoic notice thereof given, to 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
wien the mode Of payment by bonds has been
determined upon the improvement shall not be be-
gun until the bonds shall have been negotiated
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 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 Is. ofarticle VIII. Of the
freeholders charter be amended so TO read as
Sec. Is. Any funds remaining In the treasury,
belonging TO the fund OF any local Improvements
district after the payment OF the whole cost and
tai required to defr 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
ment and IL there shall be such excess in the
sessment OF any person who shall not have paid
his assessment a rebate shall. 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.
proyement became que: 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
not been paid.
Resolved That article eight CvIII.) of the free
holders charter be amended by adding section
thereto be section twenty-nne to Cad as follows:
Sec. %. Subdivision LIB fore any contract for
the doing Of any work or labo-, furnishing any
SKILL labor or material TO or for the city Of Seattle
shall be valid or binding against said city the con-
tractor shall enter INTO Joint and several bond
also for the use of all persons who NAV perform
cause to be performed any work labor. or fur
nish or cause to 70 furnished any skill labor
teral in the execution of such contract conditioned
TO perform the contract according to its terms
ditions and stipulations and pay as they become
due all just claims for all work and labor 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 tixed 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
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 suretes 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 sure.ies 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 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 counsels APP
prevail of the form thereof be Endorsed thereon nor
unless the surpttAs such hnn1
before the mayor and comptroller if required, and
ere 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
person of insufficient ability or otherwise unfit to
become surety on such bono.
subdivision a. 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 con-
tractors bond, and no transfer or assignment
thereGi sha In any wise AFFECT such sS 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
signs without any act on the part of said city; and
the board of public works of said city shall at
proceed to re-et 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 surrender, either voluntary or
otherwise OF any contract with said city for the
doing of any work labor the furnishing of any
work or labor, skin material, 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
this act provided for; and no such assignment
transfer. abandonment surrender. change or ex-
tension Of time shall ever be pleaded as q 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 or more of the sureties on such bonds have
become insolvent, or for any cause are no longer
fit and su cient sureties. require any such con-
tractor to file a new additional bond within ten
days after notice to that effect; and thereupon
all work such contract Shall cease until such
additional bond shall be filed with the city comp
troer of said city, and if any such contractor
shall fail for ten days after notice to that effect
file 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 Ieet 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 8. II any such contract shall for
any reason become ended or void and the board Of
public works shall comp etc the same, as 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 endei or void, In such case IL shall
be the duty of the corporate 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 or so completing such
contract and the amount unpaid by. said city upon
such contract at the tine 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
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
pete any such contract except herein author
lied or who shall have failed 10 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 1st 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. 1891.
H. W. MILLER, City Clerk.
Date of first publication February .. 1892.
DROPOsED AMENDMENT NO. GA PROP
il osition to amend sections 20 and Al of article
IN of the heeholGers charter, adopted October !,
a. d. 1890
Resolved, That section 40 of article TX of the
freeholders charter be amended so as 10 read as
follows
ma