(1) A
sponsoring local government creating a revitalization area and
authorizing the use of local revitalization financing may incur
general indebtedness, including issuing general obligation bonds,
to finance the public improvements and retire the indebtedness in
whole or in part from local revitalization financing it receives,
subject to the following requirements:
(a)(i) The ordinance adopted by the sponsoring local
government creating the revitalization area and authorizing the
use of local revitalization financing indicates an intent to
incur this indebtedness and the maximum amount of this
indebtedness that is contemplated; and
(ii) The sponsoring local government includes this statement
of intent in all notices required by RCW 39.104.040; or
(b) The sponsoring local government adopts a resolution,
after opportunity for public comment, that indicates an intent to
incur this indebtedness and the maximum amount of this
indebtedness that is contemplated.
(2) The general indebtedness incurred under subsection (1)
of this section may be payable from other tax revenues, the full
faith and credit of the sponsoring 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.
(3) In addition to the requirements in subsection (1) of
this section, a sponsoring local government creating a
revitalization area and authorizing the use of local
revitalization financing may require any nonpublic participants
to provide adequate security to protect the public investment in
the public improvement within the revitalization area.
(4) Bonds issued under this section must be authorized by
ordinance of the sponsoring local government and may be issued in
one or more series and must bear a date or dates, be payable upon
demand or mature at a time or times, bear interest at a rate or
rates, be in a denomination or denominations, be in a form either
coupon or registered as provided in RCW 39.46.030, carry
conversion or registration privileges, have a rank or priority,
be executed in a manner, be payable in a medium of payment, at a
place or places, and be subject to terms of redemption with or
without premium, be secured in a manner, and have other
characteristics, as may be provided by an ordinance or trust
indenture or mortgage issued pursuant thereto.
(5) The sponsoring local government may:
(a) Annually pay into a special fund to be established for
the benefit of bonds issued under this section a fixed proportion
or a fixed amount of any local property tax allocation revenues
derived from property within the revitalization area containing
the public improvements funded by the bonds, the payment to
continue until all bonds payable from the fund are paid in full;
(b) Annually pay into the special fund established pursuant
to this section a fixed proportion or a fixed amount of any
revenues derived from taxes imposed under RCW 82.14.510, such
payment to continue until all bonds payable from the fund are
paid in full. Revenues derived from taxes imposed under RCW 82.14.510 are subject to the use restriction in RCW 82.14.515;
and
(c) Issue revenue bonds payable from any or all revenues
deposited in the special fund established pursuant to this
section.
(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 cease to be the officials
before the delivery of the bonds, the signatures must,
nevertheless, be valid and sufficient for all purposes, the same
as if the officials had remained in office until the 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.
[2010 c 164 § 7; 2009 c 270 § 701.]