The superior court,
upon the filing of such petition, shall set such petition for
hearing not less than one hundred twenty days and not more than
one hundred eighty days after the date of filing said petition.
Further, the court shall order the clerk of said court to give
notice of the time and place fixed for the hearing by publication
of notice in a newspaper of general circulation within such
district, such publication to be once each week for three
consecutive weeks, the date of first publication to be not less
than thirty nor more than seventy days prior to the date fixed
for the hearing upon such petition. Said notice shall further
provide that all creditors of said district, including holders of
revenue or general obligation bonds issued by said district, if
any, shall present their claims to the clerk of said court within
ninety days from the date of first publication of said notice,
and that upon failure to do so all such claims will be forever
barred. The clerk shall also mail a copy by ordinary mail of
such notice to all creditors of said district, including holders
of revenue or general obligation bonds issued by said district,
if any, such mailing to be mailed not later than thirty days
after the hearing date has been set. No other or further notices
shall be required at any stage of the proceedings for dissolution
of an inactive port district pursuant to this chapter.
The clerk, ten days prior to the date set for the hearing,
shall deliver to the court the following:
(1) A list of the liabilities of the port district in detail
with the names and addresses of creditors as then known; and
(2) A list of the assets of the port district in detail as
then known.
The court upon hearing the petition shall fix and determine
all such claims subject to proof being properly filed as provided
in this section; shall fix and determine the financial condition
of the district as to its assets and liabilities, and if it finds
the port district to be inactive in respect of any standard of
inactivity set forth by this chapter, shall order the port
district to be dissolved upon the following terms and conditions:
(1) If there be no outstanding debts, or if the debts be
less than the existing assets, the court shall appoint the
auditor of the county in which the port district is located to be
trustee of the port's assets and shall empower such person to
wind up and liquidate the affairs of such district in such manner
as the court shall provide and to file his or her accounting with
the court within ninety days from the date of his or her
appointment. Upon the filing of such account, the court shall
fix a date for hearing upon the same and upon approval thereof,
if such accounting be the final accounting, shall enter its order
approving the same and declaring the port district dissolved.
At the request of the trustee the county sheriff may sell,
at public auction, all real and personal property of the port
district. The county sheriff shall cause a notice of such sale
fixing the time and place thereof which shall be at a suitable
place, which will be noted in the advertisement for sale. Such
notice shall contain a description of the property to be sold and
shall be signed by the sheriff or his or her deputy. Such notice
shall be published at least once in an official newspaper in said
county at least ten days prior to the date fixed for said sale.
The sheriff or his or her deputy shall conduct said sale and sell
the property described in the notice at public auction to the
highest and best bidder for cash, and upon payment of the amount
of such bid shall deliver the said property to such bidder. The
moneys arising from such sale shall be turned over to the county
auditor acting as trustee: PROVIDED, HOWEVER, That the sheriff
shall first deduct the costs and expenses of the sale from the
moneys and shall apply such moneys to pay said costs and
expenses.
The court order shall provide that the assets remaining in
the hands of the trustee shall be transferred to any school
district, districts, or portions of districts, lying within the
dissolved port district boundaries. The transfer of assets shall
be prorated to the districts based on the assessed valuation of
said districts.
(2) If the debts exceed the assets of the port district,
then the court shall appoint the auditor of the county in which a
port district is located to be trustee of the port's assets for
the purpose of conserving the same and of paying liability of the
port district as funds become available therefor. The trustee
shall be empowered to generally manage, wind up, and liquidate
the affairs of such district in such manner as the court shall
provide and to file his or her accounting with the court within
ninety days from the date of his or her appointment and as often
thereafter as the court shall provide. The board of county
commissioners, acting as pro tempore port district commissioners
under the authority of RCW 53.36.020 shall levy an annual tax not
exceeding forty-five cents per thousand dollars of assessed value
or such lesser amount as may previously have been voted by the
taxpayers within said district, together with an amount deemed
necessary for payment of the costs and expenses attendant upon
the dissolution of said district, upon all the taxable property
within said district, the amount of such levy to be determined
from time to time by the court. When, as shown by the final
accounting of the trustee, all of the indebtedness of the
district shall have been satisfied, the cost and expense of the
proceeding paid or provided for, and the affairs of the district
wound up, the court shall declare the district dissolved:
PROVIDED, That if the indebtedness be composed in whole or in
part of bonded debt for which a regular program of retirement has
been provided, then the board of county commissioners shall be
directed by the court to continue to make such annual levies as
are required for the purpose of debt service upon said bonded
debt.
[2010 c 8 § 16018; 1973 1st ex.s. c 195 § 59; 1971 ex.s. c 162 § 4.]
NOTES:
Severability -- Effective dates and termination dates -- Construction -- 1973 1st ex.s. c 195: See notes following RCW 84.52.043.