Whenever there shall be paid out of a
guaranty fund any sum on account of principal or interest of a road
improvement district bond or warrant, the county, as trustee for
the fund, shall be subrogated to all the rights of the owner of the
bond or any interest coupon or warrant so paid, and the proceeds
thereof, or of the assessment underlying the same, shall become
part of the guaranty fund. There shall also be paid into each
guaranty fund the interest received from investment of the fund, as
well as any surplus remaining in any local improvement fund
guaranteed hereunder after the payment of all outstanding bonds or
warrants payable primarily out of such road improvement fund. Warrants drawing interest at a rate or rates not to exceed the rate
determined by the county legislative authority shall be issued, as
other warrants are issued by the county, against a guaranty fund to
meet any liability accruing against it, and at the time of making
its annual budget and tax levy the county shall provide from funds
available for road purposes for the deposit in the guaranty fund of
a sum sufficient with other resources of such fund to pay warrants
so issued during the preceding fiscal year. As among the several
issues of bonds or warrants guaranteed by the fund no preference
shall exist, but defaulted bonds, interest payments, and warrants
shall be purchased out of the fund in the order of their
presentation.
Every county establishing a guaranty fund for road improvement
district bonds or warrants shall prescribe by resolution
appropriate rules and regulations for the maintenance and operation
of the guaranty fund not inconsistent herewith. So much of the
money of a guaranty fund as is necessary may be used to purchase
underlying bonds or warrants guaranteed by the fund, or to purchase
certificates of delinquency for general taxes on property subject
to local improvement assessments, or to purchase such property at
tax foreclosures, for the purpose of protecting the guaranty fund. Said fund shall be subrogated to the rights of the county, and the
county, acting on behalf of said fund, may foreclose the lien of
general tax certificates of delinquency and purchase the property
at the foreclosure sale for the account of said fund. Whenever the
legislative authority of any county shall so cause a lien of
general tax certificates of delinquency to be foreclosed and the
property to be so purchased at a foreclosure sale, the court costs
and costs of publication and expenses for clerical work and/or
other expense incidental thereto, shall be chargeable to and
payable from the guaranty fund. After so acquiring title to real
property, a county may lease or sell and convey the same at public
or private sale for such price and on such terms as may be
determined by resolution of the county legislative body, and all
proceeds resulting from such sales shall belong to and be paid into
the guaranty fund.
[1997 c 393 § 8; 1983 c 167 § 96; 1981 c 156 § 12; 1963 c 4 § 36.88.230. Prior: 1951 c 192 § 23.]
NOTES:
Liberal construction -- Severability -- 1983 c 167: See RCW 39.46.010 and note following.