For the purpose of
financing the cost of any projects, the college board is hereby
authorized to adopt the resolution or resolutions and prepare all
other documents necessary for the issuance, sale, and delivery of
the bonds or any part thereof at such time or times as it shall
deem necessary and advisable. Said bonds:
(1) Shall not constitute:
(a) An obligation, either general or special, of the state;
or
(b) A general obligation of the college or of the college
board;
(2) Shall be:
(a) Either registered or in coupon form; and
(b) Issued in denominations of not less than one hundred
dollars; and
(c) Fully negotiable instruments under the laws of this
state; and
(d) Signed on behalf of the college board with the manual or
facsimile signature of the chair of the board, attested by the
secretary of the board, have the seal of the college board
impressed thereon or a facsimile of such seal printed or
lithographed in the bottom border thereof, and the coupons
attached thereto shall be signed with the facsimile signatures of
such chair and the secretary;
(3) Shall state:
(a) The date of issue; and
(b) The series of the issue and be consecutively numbered
within the series; and
(c) That the bond is payable both principal and interest
solely out of the bond retirement fund created for retirement
thereof;
(4) Each series of bonds shall bear interest, payable either
annually or semiannually, as the board may determine;
(5) Shall be payable both principal and interest out of the
bond retirement fund;
(6) Shall be payable at such times over a period of not to
exceed forty years from date of issuance, at such place or
places, and with such reserved rights of prior redemption, as the
board may prescribe;
(7) Shall be sold in such manner and at such price as the
board may prescribe;
(8) Shall be issued under and subject to such terms,
conditions and covenants providing for the payment of the
principal thereof and interest thereon and such other terms,
conditions, covenants, and protective provisions safeguarding
such payment, not inconsistent with RCW 28B.50.330 through 28B.50.400, and as found to be necessary by the board for the
most advantageous sale thereof, which may include but not be
limited to:
(a) A covenant that a reserve account shall be created in
the bond retirement fund to secure the payment of the principal
of and interest on all bonds issued and a provision made that
certain amounts be set aside and maintained therein;
(b) A covenant that sufficient moneys may be transferred
from the capital projects account of the college board issuing
the bonds to the bond retirement fund of the college board when
ordered by the board in the event there is ever an insufficient
amount of money in the bond retirement fund to pay any
installment of interest or principal and interest coming due on
the bonds or any of them;
(c) A covenant fixing conditions under which bonds on a
parity with any bonds outstanding may be issued.
The proceeds of the sale of all bonds, exclusive of accrued
interest which shall be deposited in the bond retirement fund,
shall be deposited in the state treasury to the credit of the
capital projects account of the college board and shall be used
solely for paying the costs of the projects, the costs of bond
counsel and professional bond consultants incurred in issuing the
bonds, and for the purposes set forth in subsection (8)(b) of
this section;
(9) Shall constitute a prior lien and charge against the
building fees of the community and technical colleges.
[2011 c 336 § 740; 1991 c 238 § 50; 1985 c 390 § 55; 1971 ex.s. c 279 § 19; 1971 c 8 § 2; 1970 ex.s. c 59 § 2; 1970 ex.s. c 56 § 32; 1970 ex.s. c 15 § 19; 1969 ex.s. c 261 § 27; 1969 ex.s. c 232 § 106; 1969 ex.s. c 223 § 28B.50.350. Prior: 1967 ex.s. c 8 § 35.]
NOTES:
Severability -- 1971 ex.s. c 279: See note following RCW 28B.15.005.
Severability -- 1970 ex.s. c 59: See note following RCW 28B.15.520.
Purpose -- 1970 ex.s. c 56: See note following RCW 39.52.020.
Severability -- 1970 ex.s. c 15: See note following RCW 28A.230.160.
Validation -- Saving -- Severability -- 1969 ex.s. c 232: See notes following RCW 39.52.020.