Such
taxing district shall have power to consummate the plan of
readjustment, as adopted by the court's decree and approved by it
as aforesaid, and if such plan, as approved by such decree, so
requires, may, for such purpose, exercise any of the following
powers:
(1) Cancel in whole or in part any assessments or any
interest or penalties assessed thereon which may be outstanding
and a lien upon any property in such taxing district, as and when
such assessments are replaced by the readjusted or revised
assessments provided for in the plan of readjustment approved by
such decree.
(2) Issue refunding bonds to refund bonds theretofore issued
by such taxing district. Such refunding bonds shall have such
denominations, rates of interest, and maturities as shall be
provided in such plan of readjustment and shall be payable by
special assessments or by general taxes, according to the nature
of the taxing district, in the manner provided in such plan of
readjustment and decree.
(3) Apportion and levy new assessments or taxes appropriate
in time or times of payment to provide funds for the payment of
principal and interest of such refunding bonds, and of all
expenses incurred by such taxing district in filing the petition
mentioned in RCW 39.64.040, and any and all other expenses
necessary or incidental to the consummation of the plan of
readjustment.
In the case of special assessment districts for the
refunding of whose debts no procedure is provided by existing
laws, such assessments shall be equitably apportioned and levied
upon each lot, tract, or parcel of real property within such
taxing district, due consideration being given to the relative
extent to which the original apportionments upon the various
lots, tracts, or parcels of real property within such taxing
district have already been paid and due consideration also being
given to the capacity of the respective lots, tracts, or parcels
of real property to carry such charges against them. Before
levying or apportioning such assessment such taxing district or
the officer or officers, board, council, or commission mentioned
in RCW 39.64.030 shall hold a hearing with reference thereto,
notice of which hearing shall be published once a week for four
consecutive weeks in the newspaper designated for the publication
of legal notices by the legislative body of the city or town, or
by the board of county commissioners of the county within which
such taxing district or any part thereof is located, or in any
newspaper published in the city, town, or county within which
such taxing district or any part thereof is located and of
general circulation within such taxing district. At such hearing
every owner of real property within such taxing district shall be
given an opportunity to be heard with respect to the
apportionment and levy of such assessment.
(4) In the case of special assessment districts, of cities
or towns, provide that if any of the real property within such
taxing district shall not, on foreclosure of the lien of such new
assessment for delinquent assessments and penalties and interest
thereon, be sold for a sufficient amount to pay such delinquent
assessments, penalties, and interest, or if any real property
assessed was not subject to assessment, or if any assessment or
installment or installments thereof shall have been eliminated by
foreclosure of a tax lien or made void in any other manner, such
taxing district shall cause a supplemental assessment sufficient
in amount to make up such deficiency to be made on the real
property within such taxing district, including real property
upon which any such assessment or any installment or installments
thereof shall have been so eliminated or made void. Such
supplemental assessment shall be apportioned to the various lots,
tracts, and parcels of real property within such taxing district
in proportion to the amounts apportioned thereto in the
assessment originally made under such plan of readjustment.
(5) Provide that refunding bonds may, at the option of the
holders thereof, be converted into warrants of such denominations
and bearing such rate of interest as may be provided in the plan
of readjustment, and that the new assessments mentioned in
subsection (3) of this section and the supplemental assessments
mentioned in subsection (4) of this section may be paid in
refunding bonds or warrants of such taxing district without
regard to the serial numbers thereof, or in money, at the option
of the person paying such assessments, such refunding bonds and
warrants to be received at their par value in payment of such
assessments. In such case such refunding bonds and warrants
shall bear the following legend: "This bond (or warrant) shall
be accepted at its face value in payment of assessments
(including interest and penalties thereon) levied to pay the
principal and interest of the series of bonds and warrants of
which this bond (or warrant) is one without regard to the serial
number appearing upon the face hereof."
(6) Provide that all sums of money already paid to the
treasurer of such taxing district or other authorized officer in
payment, in whole or in part, of any assessment levied by or for
such taxing district or of interest or penalties thereon, shall
be transferred by such treasurer or other authorized officer to a
new account and made applicable to the payment of refunding bonds
and warrants to be issued under such plan of readjustment.
(7) Provide that such treasurer or other authorized officer
shall have authority to use funds in his or her possession not
required for payment of current interest of such bonds and
warrants, to buy such bonds and warrants in the open market
through tenders or by call at the lowest prices obtainable at or
below par and accrued interest, without preference of one bond or
warrant over another because of its serial number, or for any
other cause other than the date and hour of such tender or other
offer and the amount which the owner of such bond or warrant
agrees to accept for it. In such case such refunding bonds and
warrants shall bear the following legend: "This bond (or
warrant) may be retired by tender or by call without regard to
the serial number appearing upon the face hereof."
(8) Provide that if, after the payment of all interest on
refunding bonds and warrants issued under any plan of
readjustment adopted pursuant to this chapter and chapter IX of
the federal bankruptcy act and the retirement of such bonds and
warrants, there shall be remaining in the hands of the treasurer
or other authorized officer of the taxing district which issued
such bonds and warrants money applicable under the provisions of
this chapter to the payment of such interest, bonds, and
warrants, such money shall be applied by such treasurer or other
authorized officer to the maintenance, repair, and replacement of
the improvements originally financed by the bonds readjusted
under this chapter and the federal bankruptcy act.
(9) The above enumeration of powers shall not be deemed to
exclude powers not herein mentioned that may be necessary for or
incidental to the accomplishment of the purposes hereof.
[2011 c 336 § 812; 1935 c 143 § 9; RRS § 5608-9.]