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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) No municipality may give or lend any money or property in aid of an authority. The municipality that creates an authority must annually review any financial statements of the authority and at all times must have access to the books and records of the authority. No authority may issue revenue obligations under this chapter except upon the approval of both the municipality under the auspices of which it was created and the county, city, or town within whose planning jurisdiction the economic development activity to be financed lies. Upon receiving approval from these jurisdictions, an authority must, before bonds may be issued, obtain one of the following:
(a) A letter of credit supporting the creditworthiness of the borrower from a bank with an investment grade credit rating;
(b) Confirmation that the borrower has arranged for private placement of the bonds with an institutional investor; or
(c) Confirmation that the borrower has an investment grade credit rating of their own.
(2) An authority established under the terms of this chapter constitutes an authority and an instrumentality (within the meaning of those terms in the regulations of the United States treasury and the rulings of the internal revenue service prescribed pursuant to 26 U.S.C. Sec. 103 of the federal internal revenue code of 1986, as amended) may act on behalf of the municipality under whose auspices it is created for the specific public purposes authorized by this chapter. The authority is not a municipal corporation within the meaning of the state Constitution and the laws of the state, or a political subdivision within the meaning of the state Constitution and the laws of the state, including without limitation, Article VIII, section 7 of the Washington state Constitution. A municipality may not delegate to an authority any of the municipality's attributes of sovereignty including, without limitation, the power to tax, the power of eminent domain, and the police power.
Cite this article: FindLaw.com - Washington Revised Code Title 39. Public Contracts and Indebtedness § 39.110.030. Lending to authority--Issuance of revenue obligations--Delegation of authority - last updated January 01, 2025 | https://codes.findlaw.com/wa/title-39-public-contracts-and-indebtedness/wa-rev-code-39-110-030/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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