Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 2016 NO. 2 > Mar 30 2016

Does a municipality create “indebtedness” within the meaning of article VIII, section 6 of the Washington Constitution, or under applicable statutes, when it enters into a performance-based energy contract pursuant to RCW 39.35A and a related equipment lease purchase agreement that does not obligate the municipality to make payments under the equipment lease purchase agreement if the municipality does not appropriate money for that purpose?