Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 2008 NO. 2 > Jan 30 2008

1.      RCW 79.64.110(3) allows a school district to transfer surplus state forest land revenue in its debt service fund to a district capital projects fund, to the extent that such funds have not been pledged or are not otherwise necessary to satisfy the district’s bond obligations.  2.      For purposes of applying RCW 79.64.110, the Department of Natural Resources and the State Treasurer may be a source of records sufficient to determine how much forest land revenue has been credited to each school district in a given period of time.

AGLO 1980 NO. 2 > Jan 11 1980

The failure of a newly elected county clerk to execute and furnish an official bond pursuant to RCW 36.16.050 does not cause a vacancy in the office to exist pursuant to RCW 42.12.010; instead, such omission merely bars the newly elected clerk from qualifying and, thus, continues the term of his or her predecessor who, however, may, by resigning or refusing to serve, cause a vacancy to come into existence.

AGLO 1981 NO. 3 > Feb 10 1981

In the absence of a statute, charter provision, ordinance or bond covenant to the contrary, interest earned on the investment of state or municipal bond proceeds is to be credited to the building or other project fund into which those bond proceeds themselves were placed and not to the bond redemption fund.

AGO 2012 NO. 5 > May 28 2012

1. The word “instrument” in RCW 28A.310.200 is sufficiently broad to authorize educational service districts to issue bonds within the borrowing authority granted by that statute. 2. Educational service districts must pledge as collateral property acquired through the issuance of the bonds authorized by RCW 28A.310.200. 3. RCW 39.46 applies to educational service districts that choose to exercise the authority granted under it. 4. Educational service districts that use the provisions of RCW 39.46 must also comply with compatible educational service district-specific requirements in RCW 28A.310.200. 5. Statutory and constitutional debt limitations do not apply to educational service districts.

AGO 2013 NO. 5 > Nov 14 2013

   

  1. A local taxing district other than a school district may use
    timber tax revenues distributed under RCW 84.33.081(2) only to pay debt
    services related to capital bonds authorized under RCW 84.52.056. 
  2. RCW 84.33.081(2) does not specify the manner in which a taxing district applies timber tax revenues to the debt service. 
  3. In the year in which a taxing district fully pays off its capital
    bonds issued pursuant to RCW 84.52.056, its use of timber tax revenue
    distributed pursuant to RCW 84.33.081(2) is not restricted to any
    particular purpose.
AGO 1955 NO. 5 > Jan 12 1955

Blanket Bonds for non-elective county employees are not restricted by statute to annual basis.

AGO 1994 NO. 6 > Apr 19 1994

1.  RCW 28A.530.010 authorizes school districts to issue bonds for certain capital projects.  The acquisition of school buses is not a capital project.  Therefore, the proceeds of bonds issued pursuant to RCW 28A.530.010 cannot be used to acquire school buses. 2.  RCW 28A.530.080 authorizes school districts, under certain circumstances, to issue bonds without a vote of the people.  Proceeds of bonds issued pursuant to RCW 28A.530.080 may be deposited in the transportation vehicle fund.  One purpose of this fund is to acquire school buses. 3.  If the proceeds of bonds issued, without a vote of the people, pursuant to RCW 28A.530.080 are deposited in the transportation vehicle fund, the proceeds may be used to acquire replacement school buses.

AGLO 1982 NO. 7 > Apr 14 1982

(1) RCW 54.24.018 does not apply to PUD contractual obligations not involving issuance, by the district, of its own bonds.(2) If a PUD issues bonds in order to fund a prior contractual liability, the provisions of Wash. Const., Article VIII, § 6 (but not Article VII, § 2 or Article VIII, § 7) would be applicable.

AGLO 1978 NO. 7 > Mar 13 1978

(1) In view of the amendment to chapter 128, Laws of 1972, 1st Ex. Sess. (Referendum 26) which is contained in chapter 242, Laws of 1972, 1st Ex. Sess., the proceeds of bonds issued pursuant thereto may not be made available to counties or other public bodies for the acquisition of trucks or other vehicles to be used in the transporting of garbage from its source in residential, commercial and industrial areas either to drop-box or transfer stations or directly to landfills and recovery facilities.

(2) The foregoing bond proceeds may, however, continue to be used for the acquisition of land and equipment for use in relation to the operation of sanitary landfills, resource recovery facilities, drop-box and transfer stations, and equipment for the transfer of solid waste from such stations to landfills and recovery facilities.

AGO 2005 NO. 9 > Jul 28 2005

When a school district board of directors adopts a resolution pursuant to RCW 28A.530.020, it must identify the maximum amount of indebtedness and maximum term of any bonds to be issued.  In addition, the resolution must identify the specific buildings to be affected and must contain such other information as will fairly inform voters of the general nature and extent of the project(s) to be funded.

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