BILL REQ. #: S-4988.1
State of Washington | 59th Legislature | 2006 Regular Session |
READ FIRST TIME 02/03/06.
AN ACT Relating to the dissolution of joint housing authorities; and adding a new section to chapter 35.82 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 35.82 RCW
to read as follows:
(1) A joint housing authority may be dissolved pursuant to
substantially identical resolutions or ordinances of the legislative
authority of each of the counties or cities that previously authorized
that joint housing authority. These resolutions or ordinances may
authorize the execution of an agreement among the counties, cities, and
the joint housing authority that provides for the timing, distribution
of assets, obligations and liabilities, and other matters deemed
necessary or appropriate by the contracting entities.
(2) Each resolution or ordinance dissolving a joint housing
authority shall provide for the following:
(a) Activation or reactivation of a housing authority or joint
housing authority by each of the cities and counties that previously
authorized the joint housing authority and any additional cities or
counties that are then to be added. This activation or reactivation
takes effect upon the dissolution of the joint housing authority or at
an earlier time provided in the resolutions or ordinances dissolving
the joint housing authority; and
(b) Distribution of all assets, obligations, and liabilities of the
joint housing authority to the housing authorities activated or
reactivated under (a) of this subsection. Distribution of assets,
obligations, and liabilities may be based on:
(i) The population within the boundaries of each of the housing
authorities activated or reactivated under (a) of this subsection;
(ii) The number of housing units owned by the joint housing
authority within the boundaries of each of the housing authorities
activated or reactivated under (a) of this subsection;
(iii) The number of low-income residents within the boundaries of
each of the housing authorities activated or reactivated under (a) of
this subsection;
(iv) The effect of the proposed distribution on the viability of
the housing authorities activated or reactivated under (a) of this
subsection; or
(v) Any other reasonable criteria to determine the distribution of
assets, obligations, and liabilities.
(3) Each activated or reactivated housing authority shall be
responsible for debt service on bonds or other obligations issued or
incurred to finance the acquisition, construction, or improvement of
the projects, properties, and other assets that have been distributed
to them under the dissolution. However, if an outstanding bond issue
is secured whole or in part by the general revenues of the housing
authority being dissolved, each housing authority activated or
reactivated under subsection (2)(a) of this section shall remain
jointly and severally liable for repayment of those outstanding bonds
and other obligations of the joint housing authority until paid or
defeased, from general revenues of each of the activated or reactivated
housing authorities, and from any other revenues and accounts that had
been expressly pledged by the joint housing authority to the payment of
those bonds or other obligations. As used in this subsection, "general
revenues" means all revenues of a housing authority from any source,
but only to the extent that those revenues are available to pay debt
service on bonds or other obligations and are not then or thereafter
pledged or restricted by law, regulation, contract, covenant,
resolution, deed of trust, or otherwise, solely to another particular
purpose.