S-4302.1 _______________________________________________
SENATE BILL 6713
_______________________________________________
State of Washington 55th Legislature 1998 Regular Session
By Senators McCaslin, Haugen, Hale and Winsley
Read first time 01/28/98. Referred to Committee on Law & Justice.
AN ACT Relating to proposed bond issues; amending RCW 7.25.010, 7.25.020, 7.25.030, and 7.25.040; and adding a new section to chapter 7.25 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 7.25.010 and 1983 c 263 s 1 are each amended to read as follows:
Whenever the legislative or governing body of the state or any county, city, school district, other municipal corporation, taxing district, or any agency, instrumentality, or public corporation thereof shall desire to issue bonds of any kind and shall have passed an ordinance or resolution authorizing the same, the validity of such proposed bond issue may be tested and determined in the manner provided in this chapter.
NEW SECTION. Sec. 2. A new section is added to chapter 7.25 RCW to read as follows:
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise:
(1) "Government entity" means the state of Washington, the state finance committee, any county, city, school district, other municipal corporation, taxing district, or any agency, instrumentality, or public corporation thereof.
(2) "Bonds" means one or more bonds, notes, or other evidences of indebtedness.
(3) "Interested parties" means all taxpayers, ratepayers, or any other persons who have any obligations, rights, or other interests in the bonds or issuance thereof, or the project or purpose for which the bonds were issued or are to be issued.
Sec. 3. RCW 7.25.020 and 1983 c 263 s 2 are each amended to read as follows:
A
complaint shall be prepared and filed in the superior court by such ((county,
city, school district, other municipal corporation, taxing district, or agency,
instrumentality, or public corporation thereof)) government entity
setting forth such ordinance or resolution and that it is the purpose of the
plaintiff to issue and sell bonds as stated therein and that it is desired that
the right of the plaintiff to so issue such bonds and sell the same shall be
tested and determined in said action. In said action all ((taxpayers)) interested
parties of such ((taxing district)) government entity shall
be deemed to be defendants ((and shall be named in the title of said action
as defendants with the words "The Taxpayers of
. . . . . . (naming the taxing district),
Defendants.")). The title of the action shall be "In re (name
of bond issue)." Upon the filing of the complaint the court shall,
upon the application of the plaintiff, enter an order naming one or ((more
taxpayers)) interested parties of such ((taxing district)) government
entity upon whom service in said action shall be made as the representative
of all ((taxpayers)) interested parties of said ((district))
government entity, except such as may intervene as herein provided, and
in such case the court shall fix and allow a reasonable attorney's fee in said
action to the attorney who shall represent the representative ((taxpayer or
taxpayers)) interested parties as aforesaid, and such fee and all
taxable costs incurred by such representative ((taxpayer or taxpayers)) interested
parties shall be taxed as costs against the plaintiff: PROVIDED, That if
the ((taxpayer or taxpayers)) interested parties appointed by the
court shall default, the court shall appoint an attorney who shall defend said
action on behalf of all ((taxpayers)) interested parties, and
such attorney shall be allowed a reasonable fee and taxable costs to be taxed
against the plaintiff: PROVIDED FURTHER, That ((any taxpayer)) after
filing the complaint, the plaintiff shall twice place a notice in a newspaper
of general circulation within the boundaries of the government entity, stating
the title of the action, informing the interested parties that the action has
been commenced testing the validity of the bonds, and stating that any
interested parties, as that term is defined herein, may intervene in such
action and be represented therein by his own attorney. Thereupon, any
interested parties who desire to intervene must apply to the court to intervene
within ten days after the second publication of the notice.
Sec. 4. RCW 7.25.030 and 1939 c 153 s 3 are each amended to read as follows:
Trial
court proceedings in all declaratory judgment actions authorized by this
statute shall be in superior court, shall be heard and determined without a
jury, and, both before the trial court and any appellate courts, shall have
preference over all other civil causes except proceedings relating to eminent
domain, proceedings related to confirmation of assessment rolls in local
improvement districts and local utility districts, and actions of forcible
entry and detainer. The court in such action shall enter its judgment
determining whether or not the bonds as proposed will be valid, and if the
court finds that a portion, but not all, of the said bond issue is authorized
by law, the court shall so declare, and find by its judgment what portion of
such bond issue will be valid, and the judgment in said action shall be conclusive
and binding upon all ((taxpayers)) interested persons and upon
all other persons.
Sec. 5. RCW 7.25.040 and 1939 c 153 s 4 are each amended to read as follows:
Except as otherwise herein provided, all the provisions of the laws of Washington relating to declaratory judgments shall apply to the action herein provided for. The remedy and procedure herein provided shall be in addition to other remedies and procedures now provided by law.
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