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53.08.085
Laws Relating to Port Districts
53.08.092
c 157 §1; 1955 c 65 §9. Prior: 1953 c 243 §1; 1943 c 166 §2, part: 1921 c 183 §1, part; 1917 c 25 §1, part; 1913 c 62 §4, part; 1911 c 92 §4, part; Rem. Supp. 1943 §9692, part.]
NOTES:
Lease of
country property for airport purposes: RCW 36.34.180.
municipal property for airport purposes: RCW 14.08.120.
Restrictions on leases of harbor areas: State Constitution Art. 15 §2.

 

53.08.085 Lease of property - Security for rent.
Every lease of all lands, wharves, docks, and real and personal property of a port district for a term of more than one year shall have the rent secured by rental insurance, bond, or other security satisfactory to the port commission, in an amount equal to one-sixth the total rent, but in no case shall such security be less than an amount equal to one year's rent or more than an amount equal to three years' rent. Evidence of the existence of such insurance, bonds, or security shall be on file with the commission at all times during the term of the lease: PROVIDED, That nothing in this section shall prevent the port commission from requiring additional security on leases or provisions thereof, or on other agreements to use port facilities: PROVIDED FURTHER, That any security agreement may provide for termination on the anniversary date of such agreement on not less than one year's written notice to the port if said lease is not in default at the time of said notice: PROVIDED FURTHER, That if the security as required herein is not maintained throughout the full term of the lease, said lease shall be considered in default: PROVIDED, HOWEVER, That the port commission may in its discretion waive the rent security requirement or lower the amount of such requirement on the lease of real and/or personal port property. [1981 c 125 §1; 1977 c 41 §1; 1973 c 87 §2.]

 

53.08.090 Sale of property.
(1) A port commission may, by resolution, authorize the managing official of a port district to sell and convey port district property of ten thousand dollars or less in value. The authority shall be in force for not more than one calendar year from the date of resolution and may be renewed from year to year. Prior to any such sale or conveyance the managing official shall itemize and list the property to be sold and make written certification to the commission that the listed property is no longer needed for district purposes. Any large block of the property having a value in excess of ten thousand dollars shall not be broken down into components of ten thousand dollars or less value and sold in the smaller components unless the smaller components be sold by public competitive bid. A port district may sell and convey any of its real or personal property valued at more than ten thousand dollars when the port commission has, by resolution, declared the property to be no longer needed for district purposes, but no property which is a part of the comprehensive plan of improvement or modification thereof shall be disposed of until the comprehensive plan has been modified to find the property surplus to port needs. The comprehensive plan shall be modified only after public notice and hearing provided by RCW 53.20.010.
Nothing in this section shall be deemed to repeal or modify procedures for property sales within industrial development districts as set forth in chapter 53.25 RCW.
(2) The ten thousand dollar figures in subsection (1) of this section shall be adjusted annually based upon the governmental price index established by the department of revenue under RCW 82.14.200. [1994 c 26 §1; 1981 c 262 §1; 1969 ex.s. c 30 §1; 1965 c 23 §1; 1955 c 65 §10. Prior: 1943 c 166 §2, part: 1921 c 183 §1, part; 1917 c 125 §1, part; 1913 c 62 §4, part; 1911 c 92 §4, part; Rem. Supp. 1943 §9692, part.]
NOTES:
Restriction on sale of harbor rights and property: State Constitution Art. 15 §1 (Amendment 15).

 

53.08.091 Sale of property - Contract sales - Terms and conditions.
Except in cases where the full purchase price is paid at the time of the purchase, every sale of real property or personal property under authority of RCW 53.08.090 or 53.25.110 shall be subject to the following terms and conditions:
(1) The purchaser shall enter into a contract with the district in which the purchaser shall covenant that he will make the payments of principal and interest when due, and that he will pay all taxes and assessments on such property. Upon failure to make payments of principal, interest, assessments or taxes when due all rights of the purchaser wider said contract may, at the election of the district, after notice to said purchaser, be declared to be forfeited. When the rights of the purchaser are declared forfeited, the district shall be released from all obligation to convey land covered by the contract, and in the case of personal property, the district shall have all rights granted to a secured party under chapter 62A.9 RCW;
(2) The district may, as it deems advisable, extend the time for payment of principal and interest due or to become due;
(3) The district shall notify the purchaser in each instance when payment is overdue, and that the purchaser is liable to forfeiture if payment is not made within thirty days from the time the same became due, unless the time be extended by the district;
(4) Not less than four percent of the total purchase price shall be paid on the date of execution of the contract for sale and not less than four percent shall be paid annually thereafter until the full purchase price has been paid, but any purchaser may make full payment at any time. All unpaid deferred payments shall draw interest at a rate not less than six percent per annum.
Nothing in this section shall be deemed to supersede other provisions of law more specifically governing sales of port district property. It is the purpose of this section to provide additional authority and procedures for sale of port district property no longer needed for port purposes. [1982 c 75 §1: 1969 ex.s. c 11 §1; 1965 c 23 §2.]

 

53.08.092 Sale of property - Taxes and assessments against property sold by contract.
A copy of all contract sales of port district property shall be filed with the county assessor within thirty days after the first payment is received by the port. The assessor shall place such

 

(1995 Edition)

 

 

 

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