(1) Counties may issue lake or beach
management district bonds in accordance with this section. Lake
or beach management district bonds may be issued to obtain money
sufficient to cover that portion of the special assessments that
are not paid within the thirty-day period provided in RCW 36.61.190.
Whenever lake or beach management district bonds are
proposed to be issued, the county legislative authority shall
create a special fund or funds for the lake or beach management
district from which all or a portion of the costs of the lake or
beach improvement and maintenance activities shall be paid. Lake
or beach management district bonds shall not be issued in excess
of the costs and expenses of the lake or beach improvement and
maintenance activities and shall not be issued prior to twenty
days after the thirty days allowed for the payment of special
assessments without interest or penalties.
Lake or beach management district bonds shall be exclusively
payable from the special fund or funds and from a guaranty fund
that the county may have created out of a portion of proceeds
from the sale of the lake or beach management district bonds.
(2) Lake or beach management district bonds shall not
constitute a general indebtedness of the county issuing the bond
nor an obligation, general or special, of the state. The owner
of any lake or beach management district bond shall not have any
claim for the payment thereof against the county that issues the
bonds except for payment from the special assessments made for
the lake or beach improvement or maintenance activities for which
the lake or beach management district bond was issued and from a
lake or beach management district guaranty fund that may have
been created. The county shall not be liable to the owner of any
lake or beach management district bond for any loss to the lake
or beach management district guaranty fund occurring in the
lawful operation of the fund. The owner of a lake or beach
management district bond shall not have any claim against the
state arising from the lake or beach management district bond,
special assessments, or guaranty fund. Tax revenues shall not be
used to secure or guarantee the payment of the principal of or
interest on lake or beach management district bonds.
The substance of the limitations included in this subsection
shall be plainly printed, written, engraved, or reproduced on:
(a) Each lake or beach management district bond that is a
physical instrument; (b) the official notice of sale; and (c)
each official statement associated with the lake or beach
management district bonds.
(3) If the county fails to make any principal or interest
payments on any lake or beach management district bond or to
promptly collect any special assessment securing the bonds when
due, the owner of the lake or beach management district bond may
obtain a writ of mandamus from any court of competent
jurisdiction requiring the county to collect the special
assessments, foreclose on the related lien, and make payments out
of the special fund or guaranty fund if one exists. Any number
of owners of lake or beach management districts may join as
plaintiffs.
(4) A county may create a lake or beach management district
bond guaranty fund for each issue of lake or beach management
district bonds. The guaranty fund shall only exist for the life
of the lake or beach management district bonds with which it is
associated. A portion of the bond proceeds may be placed into a
guaranty fund. Unused moneys remaining in the guaranty fund
during the last two years of the installments shall be used to
proportionally reduce the required level of installments and
shall be transferred into the special fund into which installment
payments are placed.
(5) Lake or beach management district bonds shall be issued
and sold in accordance with chapter 39.46 RCW. The authority to
create a special fund or funds shall include the authority to
create accounts within a fund.
[2008 c 301 § 23; 2000 c 184 § 6; 1985 c 398 § 26.]
NOTES:
Effective date -- 2000 c 184: See note following RCW 39.96.010.