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145^—>w RESOLUTION NO,/VS~ A RESOLUTION of the City of Moses Lake,Washington, providing for the issuance of bonds of Local Im provement District No. 5 in the principal sum of $217,066.79. WHEREAS,the improvements provided by Ordinance No.284,passed and approved August 9, 1955, to be constructed in Local Improvement District No. 5 of the City, have been completed; and WHEREAS,the total cost of said improvements as evidenced by warrants drawn on the Local Improvement District No. 5 Fund,created by said Ordinance No.284 in the amount of $237,777.36 plus accrued interest thereon from the date of each warrant to the respective dates of redemption and proposed redemption thereof in the amount of $7,991.76 is$245,769.32;and WHEREAS,the assessment roll in said District has been confirmed by Ordinance No.310,passed and approved August 15, 1956, in the total amount of $246,414.77,of which $28,702.33 was paid during the thirty- day period permitted by law for the payment of assessments without pen- alty or interest;and WHEREAS,it will be necessary for the City to now issue bonds of said Local Improvement District in the principal sum of $217,066.79 and to deliver said bonds,together with the prepaid assessments on the assessment roll to the holder or holders of the outstanding Local Im provement District No.5 Fund warrants in exchange therefor; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Moses Lake,Washington,as follows: Section 1. That in order to redeem the outstanding warrants which have been drawn upon the Local Improvement District No. 5 Fund ^w of the City and issued for the payment of the cost of the improve ments in said Local Improvement District,the City shall now issue bonds of such Local Improvement District in the principal sum of $217,066.79. Said bonds shall be dated October 20,1956,shall be in de nominations of $1,000.00 each,except Bond No.1 which shall be in the denomination of $66.79 »shall be numbered from 1 to215,inclus ive,shall bear interest at the rate of four percent (4#)per annum payable annually on October 20th of each year, and shall mature October 20,1968. All of said bonds shall be payable in lawful money of the United States of America at the Office of the City Treasurer in Moses Lake, Washington.Said bonds shall be redeemable at par in numerical order on any interest payment date whenever there shall be sufficient money in Local Improvement District No. 5 Fund to pay the same and all unpaid bonds of this Local Improvement District which are prior in numerical order to the last bond to be redeemed over and above an amount suffic ient for the payment of the interest next accruing on all the unpaid bonds of this Local Improvement District.Notice of such intended re demption shall be given by one publication thereof in the official city newspaper not more than twenty nor less than ten days prior to such redemption date. form: Section 2.Said bonds shall be in substantially the following UNITED STATES OP AMERICA NO.$1,000.00 ($66.79) STATE OP WASHINGTON CITY OP MOSES LAKE LOCAL IMPROVEMENT DISTRICT NO. 5 N. B.Neither the holder nor the owner of any bond or warrant Issued under the provisions of this - 2 - ^/<w Act shall have any claim therefor against the City or town by which the same is issued,except for the pay ment from the special assessments made for the improve ment 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 law ful 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 ONE THOUSAND DOLLARS ($66.79)in lawful money of the United States of America, with interest thereon from the date hereof at the rate of four per cent (4$)per annum,payable annually upon pres entation and surrender to the City Treasurer of this bond and the annexed interest coupons as they severally become due* This bond,both principal and interest,is payable only out of Local Improvement District No.5 Fund created by Ordinance No.284 of the City and from the Local Im provement Guaranty Fund of the City created by Chapter 209> Session Laws 1927* This bond is one of an issue aggregating in all the principal sum of $217*066.79 and is payable on or before October 20,1968,and is subject to call by the Treasurer of said City on any annual interest payment date whenever there shall be sufficient money in said Local Improvement District No. 5 Fund to pay the same and all unpaid bonds of this Local Improvement District of which this is one which are prior in numerical order to this bond,over and above an amount sufficient for the payment of the inter est next accruing on the unpaid bonds of this Local Im provement District. In case this bond is called for payment before its final maturity,each and every interest coupon not accrued at the time of such payment shall be void. Call for pay ment of this bond shall be made by the City Treasurer by one publication of such call in the official city newspaper not more than twenty nor less than ten days prior to said call date,and when such call is made this bond shall be paid on the day the next interest coupon thereon shall be come due after such call. IN WITNESS WHEREOF,the City of Moses Lake,Washington, has caused this bond to be signed by its Mayor and attested by its Clerk under the corporate seal of the City, and has caused the interest coupons hereto attached to be executed with the facsimile signatures of said officials this 20th day of October,1956. City of Moses Lake,Washington Attest:By Mayor City Clerk - 3 - -^ The interest coupons to be attached to said bonds shall be in substantially the following form: NO.$ On the 20th day of October,19 , the City of Moses Lake,Washington,will pay to bearer at the Office of the City Treasurer,the sum of DOLLARS in lawful money of the United States or America, said sum being the interest due that date on bond numbered of Local Improvement District No.5 of the City, out of Local Improvement District No. 5 Fund;provided,that this coupon is subject to all the terms and conditions contained in the bond to which it is attached. ATTEST: City Clerk City of Moses Lake,Washington By Mayor Mayor ATTEST: City Clerk PASSED at a regular meeting of the Council of the City of Moses Lake,Washington,and approved by its Mayor on the ^^day of October, 1956. CITY OF MOSES LAKE,WASHINGTON - 4 -