(1) A public
facilities district may issue revenue bonds to fund revenue
generating facilities, or portions of facilities, which it is
authorized to provide or operate. Whenever revenue bonds are to be
issued, the board of directors of the district shall create or have
created a special fund or funds from which, along with any reserves
created pursuant to RCW 39.44.140, the principal and interest on
such revenue bonds shall exclusively be payable. The board may
obligate the district to set aside and pay into the special fund or
funds a fixed proportion or a fixed amount of the revenues from the
public improvements, projects, or facilities, and all related
additions, that are funded by the revenue bonds. This amount or
proportion shall be a lien and charge against these revenues,
subject only to operating and maintenance expenses. The board
shall have due regard for the cost of operation and maintenance of
the public improvements, projects, or facilities, or additions,
that are funded by the revenue bonds, and shall not set aside into
the special fund or funds a greater amount or proportion of the
revenues that in its judgment will be available over and above the
cost of maintenance and operation and the amount or proportion, if
any, of the revenue so previously pledged. The board may also
provide that revenue bonds payable out of the same source or
sources of revenue may later be issued on a parity with any revenue
bonds being issued and sold.
(2) Revenue bonds issued pursuant to this section shall not be
an indebtedness of the district issuing the bonds, and the interest
and principal on the bonds shall only be payable from the revenues
lawfully pledged to meet the principal and interest requirements
and any reserves created pursuant to RCW 39.44.140. The owner or
bearer of a revenue bond or any interest coupon issued pursuant to
this section shall not have any claim against the district arising
from the bond or coupon except for payment from the revenues
lawfully pledged to meet the principal and interest requirements
and any reserves created pursuant to RCW 39.44.140. The substance
of the limitations included in this subsection shall be plainly
printed, written, or engraved on each bond issued pursuant to this
section.
(3) Revenue bonds with a maturity in excess of thirty years
shall not be issued. The board of directors of the district shall
by resolution determine for each revenue bond issue the amount,
date, form, terms, conditions, denominations, maximum fixed or
variable interest rate or rates, maturity or maturities, redemption
rights, registration privileges, manner of execution, manner of
sale, callable provisions, if any, and covenants including the
refunding of existing revenue bonds. Facsimile signatures may be
used on the bonds and any coupons. Refunding revenue bonds may be
issued in the same manner as revenue bonds are issued.
[1995 c 396 § 17.]
NOTES:
Severability -- 1995 c 396: See note following RCW 36.100.010.
Alternative authority to issue revenue bonds: RCW 39.46.150, 39.46.160.
Funds for reserve purposes may be included in issue amount: RCW 39.44.140.