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209u CITY OF MOSES LAKE,WASHINGTON RESOLUTION NO.209 A RESOLUTION OF THE CITY OF MOSES LAKE,WASHINGTON PROVIDING FOR THE SALE OF THE NATURAL GAS SUPPLY LINE AND GAS DISTRIBUTION SYSTEM OF THE CITY OF MOSES LAKE,WASHINGTON. WHEREAS,pursuant to Ordinance No. 240 and Ordinance No. 340, passed and approved by the City of Moses Lake on September 28, 1954,and August 15, 1957,respectively,the City of Moses Lake did authorize and provide for the acquisition,construction,and installation of a Natural Gas supply line and Gas distribution system, and did issue gas revenue bonds in the sum of $1,200,000.00 to provide money necessary to acquire, construct, and install such Gas distribution system and supply line to serve such system,and WHEREAS,despite diligent and wholehearted efforts of the City Council and administration,revenues derived from the operation of such system have failed to materialize in an amount sufficient to properly and successfully maintain,operate,and improve such system, and to service and amortize the aforesaid bonds and the interest thereon,and WHEREAS,full and careful investigation has been made of all alternatives relative to the future operation of the said gas line and distribution system, and, in the interest of the City of Moses Lake and in the interest of the citizens and users of such line, the City Council of the City of Moses Lake does hereby deem it advisable to offer for sale its Natural Gas supply line and Gas distribution system in its entirety,under terms insuring that the holders of the aforesaid bonds be fully protected and that the future maintenance and operation of said system be assured. NOW THEREFORE,the City Council of the City of Moses Lake,Wash ington,does hereby resolve that it desires to sell the Natural Gas supply line and Gas distribution system which was acquired, constructed,and installed pursuant to the authority of Ordinance No. 240,passed and approved September 28, 1954,and Ordinance No. 340,passed and approved August 15, 1957,including all portions and appurtenances thereof, and including all rights of way,easements, and including without limitation,all equipment,pipe,meters, vehicles,tools,and other assets held and used in connection with such line and system,and including the right to maintain and operate said line and system perpetually hereafter under the following terms and conditions: By cash payment at the time of actual conveyance,or in the alternative,the price to be paid by deferred,the amount and date of such payment to be at least sufficient and timely to pay the principal and interest of the aforesaid gas revenue bonds. BE IT FURTHER RESOLVED,that the Clerk of the City of Moses Lake shall publish this resolution in its entirety for not less than once a week for four (4)weeks in the Columbia Basin Daily Herald, the official newspaper of the City of Moses Lake,and that the City Clerk shall also publish a notice calling for sealed bids to be filed with the Clerk of the City of Moses Lake,not late than 8;00 P. M.,Tuesday,August 30, 1960,accompanied by a certified check payable to the order of the City of Moses Lake in .the sum of:not less than $24,000,or by deposit of a like sum of money,each bid to affirmatively state that the bidder agrees that if his bid be accepted and he should fail to comply therewith within the time specified by law,such check or deposit shall be forfeited to the RESOLUTION NO.2 09 City of Moses Lake.Each bid shall state the cash price offered and,if on a deferred bases,the date upon which the several amounts comprising such deferred price shall be paid,and the City Council shall reserve the right to reject any and all bids and accept any bid which it deems the best. BE IT FURTHER RESOLVED,that in the event that the City of Moses Lake shall deem it advisable to accept any bid, an ordinance accepting such bid and directing the execution of the conveyance to the successful bidder shall be submitted to and shall be subject to the approval or rejection of the voters of the City of Moses Lake at a special election to be hereafter called for that purpose. Be it further resolved that all steps and proceedings herein shall be taken and done pursuant to the statutes and laws made and provided for the sale of municipal public utility works,plants,and systems. Adopted and approved at a recessed meeting of the City Council of the City of Moses Lake,Washington,this 27th day of July 1960. ATTEST City Clerk APPROVED AS TO FORM: '- City Attorney Mayor