RCW 39.102.150
Issuance of general obligation bonds.
(Expires June 30, 2039.)
(1) A sponsoring local government that
has designated a revenue development area and been authorized the
use of local infrastructure financing may incur general
indebtedness, and issue general obligation bonds, to finance the
public improvements and retire the indebtedness in whole or in
part from local excise tax allocation revenues, local property
tax allocation revenues, and sales and use taxes imposed under
the authority of RCW 82.14.475 that it receives, subject to the
following requirements:
(a) The ordinance adopted by the sponsoring local government
and authorizing the use of local infrastructure financing
indicates an intent to incur this indebtedness and the maximum
amount of this indebtedness that is contemplated; and
(b) The sponsoring local government includes this statement
of the intent in all notices required by RCW 39.102.100.
(2)(a) Except as provided in (b) of this subsection, the
general indebtedness incurred under subsection (1) of this
section may be payable from other tax revenues, the full faith
and credit of the local government, and nontax income, revenues,
fees, and rents from the public improvements, as well as
contributions, grants, and nontax money available to the local
government for payment of costs of the public improvements or
associated debt service on the general indebtedness.
(b) A sponsoring local government that issues bonds under
this section shall not pledge any money received from the state
of Washington for the payment of such bonds, other than the local
sales and use taxes imposed under the authority of RCW 82.14.475
and collected by the department.
(3) In addition to the requirements in subsection (1) of
this section, a sponsoring local government designating a revenue
development area and authorizing the use of local infrastructure
financing may require the nonpublic participant to provide
adequate security to protect the public investment in the public
improvement within the revenue development area.
(4) Bonds issued under this section shall be authorized by
ordinance of the governing body of the sponsoring local
government and may be issued in one or more series and shall bear
such date or dates, be payable upon demand or mature at such time
or times, bear interest at such rate or rates, be in such
denomination or denominations, be in such form either coupon or
registered as provided in RCW 39.46.030, carry such conversion or
registration privileges, have such rank or priority, be executed
in such manner, be payable in such medium of payment, at such
place or places, and be subject to such terms of redemption with
or without premium, be secured in such manner, and have such
other characteristics, as may be provided by such ordinance or
trust indenture or mortgage issued pursuant thereto.
(5) The sponsoring local government may annually pay into a
fund to be established for the benefit of bonds issued under this
section a fixed proportion or a fixed amount of any local excise
tax allocation revenues and local property tax allocation
revenues derived from property or business activity within the
revenue development area containing the public improvements
funded by the bonds, such payment to continue until all bonds
payable from the fund are paid in full. The local government may
also annually pay into the fund established in this section a
fixed proportion or a fixed amount of any revenues derived from
taxes imposed under RCW 82.14.475, such payment to continue until
all bonds payable from the fund are paid in full. Revenues
derived from taxes imposed under RCW 82.14.475 are subject to the
use restriction in RCW 39.102.130.
(6) In case any of the public officials of the sponsoring
local government whose signatures appear on any bonds or any
coupons issued under this chapter shall cease to be such
officials before the delivery of such bonds, such signatures
shall, nevertheless, be valid and sufficient for all purposes,
the same as if such officials had remained in office until such
delivery. Any provision of any law to the contrary
notwithstanding, any bonds issued under this chapter are fully
negotiable.
(7) Notwithstanding subsections (4) through (6) of this
section, bonds issued under this section may be issued and sold
in accordance with chapter 39.46 RCW.
[2007 c 229 § 10; 2006 c 181 § 501.]
NOTES:
Application -- Severability -- Expiration date -- 2007 c 229: See notes following RCW 39.102.020.