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94RT HF 1-27-54 W ^ RESOLUTION NO.^V A RESOLUTION of the City of Moses Lake,Washington, providing for the issuance of bonds of Local Improvement District No.4 of the city in the total principal sum of $57,500. WHEREAS,the improvements provided for in Ordinance No.200 in Local Improvement District No.4 have been completed;and WHEREAS,the assessment roll in said district has been con firmed by Ordinance No.211 in the manner required by law;and WHEREAS,the total principal amount of warrants drawn on Local Improvement District No.4 Fund for the purpose of paying the entire cost of said improvements and all expenses incidental thereto was $63,148.40 and the accrued interest from the date of each to February 15,1954 will be $908.87,thus making a total cost of said local improvement district of $64,057.27;and WHEREAS,$4,891.80 of the assessments on said assessment roll was paid during the 30-day period permitted by law for the payment o: assessments without penalty,interest or costs; and WHEREAS, after all costs incidental to the creation of this local improvement district,the construction of the Improvements therein and the issuance of the bonds thereof have been paid, it appears that the sum of $1,665.47 will be left in the Fixed Estimate Fund of the district,which sum shall be transferred to Local Improvement District No.4 Fund and used with said prepaid assessments in redemption of outstanding Local Improvement District No.4 Fund warrants;and WHEREAS, by subtracting the amount of cash in said Fund ($6,557.27)from the principal amount of the outstanding warrants plus accrued Interest thereon to February 15,1954 ($64,057.27),it ^-J o» appears that the city must issue its bonds of this local improvement district in the total principal sum of $57,500 in order to redeem all of said warrants;and WHEREAS,it is now necessary that the date,form,terms and maturity of said bonds be fixed; NOW,THEREFORE,BE IT RESOLVED by the Council of the City of Moses Lake,Washington,as follows: Section 1. That immediately upon the passage of this resolution the sum of $1,665.47 now in the Fixed Estimate Fund of Local Improvement District No.4 of the city shall be transferred to Local Improvement District No.4 Fund,and shall be used with the assessments heretofore paid in said local improvement district for the redemption of warrants drawn on said Fund. After all expenses incidental to this Local Improvement District No.4 have been paid out of the moneys remaining in said Fixed Estimate Fund ($6o6.74),the balance of such money,if any,shall be transferred to Local Improvement District No.4 Fund of the city and shall be used at the first opportunity in the redemption of bonds of said local improvement district. Seetlon 2.That for the purpose of redeeming the outstanding warrants drawn on Local Improvement District No.4 Fund which were issued for the payment of the cost of the improvements constructed and installed in Local Improvement District No.4 and all expenses incidental thereto,the city shall issue bonds of such local improvement district in the total principal sum of $57,500. shall be in denominations of $500 each, Said bonds shall be dated February 15,195^^/shall be numbered from 1 to 115 inclusive,shall bear interest at the rate of 4 3/4$per 2- ^J ^J annum payable annually on the 15th day of February of each year,and shall mature on February 15,1966.Said bonds shall be payable at the office of the City Treasurer in Moses Lake in lawful money of the United States of America.Notice of any intended redemption of any such bonds shall be given by the City Treasurer by one publication thereof in the official city newspaper not more than twenty nor less than ten days prior to said redemption date. Section 3.Said bonds shall be in substantially the following form: UNITED STATES OF AMERICA NO.$500 STATE OF WASHINGTON CITY OF MOSES LAKE LOCAL IMPROVEMENT DISTRICT NO. 4 N.B.Neither the holder nor the owner of any bond or warrant issued under the provisions of this act shall have any claim therefor against the city or town by which the same is issued, except for payment from the special assessments made for the improvement for which said bond or warrant was issued, and except as against the local improvement guaranty fund of such city or town,and the city or town shall not be liable to any holder or owner of such bond or warrant for any loss to the guaranty fund occurring in the lawful operation thereof by the city or town. The remedy of the holder or owner of a bond or warrant in case of nonpayment, shall be confined to the enforcement of the assessment and to the guaranty fund. THE CITY OF MOSES LAKE, a municipal corporation of the State of Washington, hereby promises to pay to bearer the sum of FIVE HUNDRED DOLLARS in lawful money of the United States of America with interest thereon from the date hereof at the rate of 4 3/4J&per annum payable annually,upon presentation and surrender to the City Treasurer of this bond and the annexed interest coupons as they severally become due. 3. ^,^J This bond,both principal and Interest,is payable only out of Local Improvement District No.4 Fund created by Ordinance No.200 and from the Local Improvement Guaranty Fund of the city created by Chapter 209,Session Laws 1927- This bond is one of an issue of bonds aggregating in all the sum of $57,500,is payable on or before February 15, 1966,and is subject to call by the Treasurer of said city on any annual Interest payment date whenever there shall be sufficient money in said Local Improvement District No.4 Fund to pay the same and all unpaid bonds of this issue which are prior in numerical order to this bond over and above an amount sufficient for the payment of the interest next coming due on the unpaid bonds of this local Improvement district. In case this bond is called for payment before its final maturity,each and every interest coupon not accrued at the time of such payment shall be void. Call for payment of this bond shall be made by the City Treasurer by one publication of such call in the official city newspaper not more than twenty nor less than ten days prior to said call date,and when such call is made this bond shall be paid on the day the next interest coupon thereon shall become due after such call. IN WITNESS WHEREOF, the City of Moses Lake,Washington, has caused this bond to be signed by its Mayor and attested by its Clerk with the corporate seal of the city Impressed hereon, and has caused the Interest coupons hereto attached to be executed with the facsimile signatures of said officials this 15th day of February,195^• CITY OF MOSES LAKE,WASHINGTON By Mayor ATTEST: City Clerk The interest coupons to be attached to said bonds shall be in substantially the following form: NO.$23.75 On the 15th day of February,19 ,the City of Moses Lake,Washington,will pay to bearer at the office of the City Treasurer the sum of TWENTY-THREE AND 75/100 DOLLARS in lawful money of the United States of America out of Local Improvement District No.4 Fund,said sum being the v_-_ annual Interest due that date on bond numbered of Local Improvement District No.4 of the city;provided, that this coupon is subject to all the terms and con ditions contained in the bond to which it is attached. CITY OF MOSES LAKE,WASHINGTON By ATTEST: Mayor City Clerk PASSED by the Council of the City of Moses Lake,Washington, and approved by its Mayor at a regular meeting of said Council held on the 9th day of February, 1954. CITY OF MpaS^^AKE.WASHINGTON By /^K^^^^ ATTEST: City Clerk 5. Mayor (f™iZ^rx