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 of
such taxing district)) interested parties 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 of such taxing district)) interested
parties upon whom service in said action shall be made as the
representative of all ((taxpayers of said district)) interested
parties, 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:
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 parties 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.
