Washington Code 36.145.090 – Powers
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(1) A community facilities district created in accordance with this chapter is an independently governed, special purpose district, vested with the corporate authority included under Article VII, section 9 of the state Constitution to make local improvements by special assessment in accordance with this chapter. Nothing in this chapter exempts the public improvements and facilities provided by a district from the regulatory and land use permitting requirements of the county, city, or town in which the improvements are to be located.
Terms Used In Washington Code 36.145.090
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Bequest: Property gifted by will.
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Devise: To gift property by will.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Personal property: All property that is not real property.
(2) Subject to the terms and conditions of an approved petition, a community facilities district has the powers necessary to carry out the specific purposes authorized under this chapter in order to carry out the specific objectives, plan, and facilities identified in the approved petition including, but not limited to, the authority to:
(a) Acquire, purchase, hold, lease, finance, manage, occupy, construct, and sell real and personal property, facilities, or any interest therein, either inside or outside of the boundaries of the district, except that any such property, facilities, or interests outside the boundaries of the district must directly serve facilities or benefit properties within the district;
(b) Finance and construct facilities authorized under this chapter;
(c) Enter into and perform any and all contracts;
(d) Levy and enforce the collection of special assessments against the property included within a district;
(e) Enter into lease-purchase agreements with or without an option to purchase;
(f) Enter into executory conditional sales contracts, leases, and installment promissory notes;
(g) Borrow money to the extent and in the manner authorized by this chapter;
(h) Hold in trust property useful to accomplishment of the authority granted under this chapter;
(i) Issue revenue bonds in accordance with chapter 39.46 RCW and assessment bonds in accordance with chapter 35.45 RCW, and the requirements of this chapter, payable from revenue or assessments, respectively, of the district that is legally available to be pledged to secure the bonds;
(j) Contract with any municipal corporation, governmental, or private agencies to carry out the purposes authorized by this chapter;
(k) Sue and be sued;
(l) Accept and receive on behalf of the district any money or property donated, devised, or bequeathed to the district and carry out the terms of the donation, devise, or bequest, if it is within the powers granted by law to community facilities districts or, in the absence of such terms, expend or use the money or property for district purposes as determined by the board of supervisors;
(m) Transfer to any county, city, or other municipal corporation, without compensation, any property or other assets of the district; and
(n) Do any and all lawful acts required and expedient to carry out the express authority provided in this chapter.
[ 2010 c 7 § 401.]