Title 70 — Watercourses and Port Districts

Idaho Code, published by the Idaho Legislative Services Office. Idaho Statutes are updated to the website July 1 following the legislative session.

Chapter 4 Boise River Improvements

§ 70-401 River improvements on Boise River

River improvements, consisting of levees, jetties, dams, or other preventive measures confining the river in its proper channel, shall be constructed on the Boise River in Ada and Canyon Counties, Idaho. The character and extent of said improvement and the distance that the same shall extend up and down said river shall be determined by the commission herein provided for.

[70-401, added 1937, ch. 27, sec. 1, p. 37.]

§ 70-402 Commission created — Members — Compensation

There is hereby created a commission which shall have general supervision and control of the construction of said improvements which shall receive the same when completed and certify the completion thereof to the governor of the state of Idaho, and which shall supervise and control the disbursement of the funds provided and appropriated by this act, or so much thereof as may be necessary. Said commission shall consist of the commissioner of reclamation, and two (2) commissioners to be appointed by the governor of the state of Idaho, one (1) of whom shall be a citizen and resident of Ada County, and one (1) of whom shall be a citizen and resident of Canyon County. For their services as such commissioners, with the exception of the commissioner of reclamation, they shall each receive their actual and necessary expenses, and the sum of five dollars ($5.00) per day for each and every day’s services upon the work or in connection therewith, incurred while actually and necessarily engaged in the discharge of their duties.

Provided, that the two (2) appointive members of said commission shall be chosen immediately upon the passage and approval of this act, and said commission shall forthwith enter upon its duties.

[70-402, added 1937, ch. 27, sec. 2, p. 37.]

§ 70-403 Termination of commission upon completion of improvements

Upon the completion of the construction of the said improvements and issuance of the certificate of completion thereof to the governor of the state of Idaho, the commission provided for in section 70-402 shall cease to exist.

[70-403, added 1937, ch. 27, sec. 3, p. 37.]

§ 70-404 Duties of commissioner of reclamation

The manner, character and extent of said improvement shall be determined by the commissioner of reclamation. The commissioner [director] of reclamation [the department of water resources] shall, under the direction of the commission, assume charge of the engineering features of the work and such expense as may be necessary in connection with said engineering work shall be a charge against the funds herein provided.

[70-404, added 1937, ch. 27, sec. 4, p. 37.]

§ 70-405 Letting work by contract to bidders — Bond

The commission may, in its discretion, let the work herein provided for, by contract to the lowest and best bidder who shall be required to give a good and sufficient bond for the construction and completion of the said work, or the commission may employ such other means of completing and performing the work herein provided for, as in their judgment may be deemed most expedient and in the public interest.

[70-405, added 1937, ch. 27, sec. 5, p. 37.]

§ 70-406 Cost of engineering work a charge against funds

The cost and charges for engineering work for the said improvements and the expenses of the commission, together with payment of their services as provided for in section 70-402, shall be included as a part of the cost of constructing the said improvement and shall be a charge against the funds herein provided for.

[70-406, added 1937, ch. 27, sec. 6, p. 37.]

Chapter 5 Outlet Control Structures

§ 70-501 Outlet control structure for Priest Lake authorized

The state reclamation engineer is hereby authorized to prepare plans and specifications for the construction of an outlet control structure to be located in Priest River which will regulate the level of Priest Lake, located in Bonner County, Idaho, at a level which will preserve for the use of the people the beach, boating and other recreational facilities which are now located on said lake.

[70-501, added 1950 (E.S.), ch. 61, sec. 1, p. 87.]

§ 70-502 Construction commenced on approval of plans and specifications

Upon approval by the board of examiners of the plans and specifications authorized to be prepared by section 70-501, the state reclamation engineer is hereby authorized and directed to commence construction of such outlet control structure. The provisions of section 67-2304, Idaho Code, (as amended,) shall have no application to the provisions of this act.

[70-502, added 1950 (E.S.), ch. 61, sec. 2, p. 87.]

§ 70-503 Acceptance of contributions — Priest Lake outlet control structure construction fund created

The board of examiners is hereby authorized to accept contributions from any person, partnership, corporation or association for the purpose of defraying the cost of construction of such outlet control structure. Such contributions, when accepted, shall be deposited in the Priest Lake outlet control structure construction fund, which is hereby created.

[70-503, added 1950 (E.S.), ch. 61, sec. 3, p. 87.]

§ 70-504 Appropriation to fund

There is hereby appropriated to the Priest Lake outlet control structure construction fund out of any moneys in the treasury not otherwise appropriated the sum of three thousand five hundred dollars ($3,500), or so much thereof as may be necessary.

[70-504, added 1950 (E.S.), ch. 61, sec. 4, p. 87.]

§ 70-505 Moneys in fund appropriated to purposes of act

Any moneys now, or which may hereafter be, in the Priest Lake outlet control structure construction fund are hereby appropriated to the state reclamation engineer for the purposes of this act.

[70-505, added 1950 (E.S.), ch. 61, sec. 5, p. 87.]

§ 70-506 Exemptions — Reversion of fund

The appropriation herein made is expressly exempt from the provisions of section 67-3509, and chapter 36, title 67, Idaho Code, and shall be immediately available; provided however that upon final completion of construction of said structure all moneys in the said Priest Lake outlet control structure construction fund shall revert to the general fund.

[70-506, added 1950 (E.S.), ch. 61, sec. 6, p. 87.]

§ 70-507 Idaho water resource board to have supervision and control — additional release structures prohibited

The Priest Lake outlet control structure shall, when constructed, be under the sole and exclusive supervision and control of the Idaho water resource board, which may enter into contracts for a period of one (1) year or more with persons or corporations deemed qualified by the board to operate and maintain said outlet control structure or any other control structure erected as a replacement thereof; provided however, that under no circumstances shall the water surface level of Priest Lake be maintained or regulated by said board above 3.5 feet on the present United States Geological Survey Priest Lake outlet gage with gage datum of 2,434.64 feet above mean sea level, datum of 1929, supplementary adjustment of 1947, or released below 0.1 feet on said gage; provided further, that the water surface level of Priest Lake shall be maintained at 3.0 feet during the recreation season when the water supply to Priest Lake is plentiful, meaning normal to wet years, and between 3.0 feet and 3.5 feet during the recreation season when the water supply to Priest Lake is lacking, meaning dry and marginally dry years, on the United States Geological Survey Priest Lake outlet gage, from and after the time each year following the runoff of accumulated winter snows, when the surface level of the waters of Priest Lake has receded to such elevation, until the time after the close of the main recreational season, as determined by said board, that said lake waters may be released and the surface level permitted to recede below said elevation of 3.0 feet. The outlet control structure authorized under this section shall be the only structure authorized to release water from the lake. No siphon, gravity bypass, or other bypass device may be constructed to divert or otherwise direct water from Priest Lake to Priest River without prior approval by the Idaho state legislature and the governor.

[70-507, added 1950 (E.S.), ch. 61, sec. 7, p. 87; am. 1957, ch. 128, sec. 1, p. 216; am. 1961, ch. 177, sec. 1, p. 271; am. 2018, ch. 62, sec. 1, p. 153; am. 2023, ch. 95, sec. 1, p. 289.]

Chapter 11 Port Districts — Formation — Annexation — Disincorporation

§ 70-1101 Port districts authorized — Objects and purposes

Port districts are hereby authorized for the acquirement, construction, maintenance, operation, development and regulation of harbor improvements, land and water transfer and terminal facilities, industrial and economic development, and other development, facilities, and services, reasonably incident to a modern, efficient and competitive port, and may be established under this act in any county bordering upon any continuous waterway system, limited to the port area, which will float commercial tug and barge vehicles to ports handling transoceanic traffic, as in this act provided.

[70-1101, added 1969, ch. 55, sec. 1, p. 144; am. 2001, ch. 189, sec. 1, p. 652.]

§ 70-1102 Formation of district — General

At any election which may be called for that purpose, subject to the provisions of section 34-106, Idaho Code, the board of county commissioners of any county in this state which qualified under section 70-1101, Idaho Code, may, or in petition of ten per cent (10%) of the qualified electors of such county, based on the total vote cast in the county in the last general election, shall by resolution, submit to the voters of such county the proposition of creating a port district with boundaries co-extensive with the boundaries of such county. Such county commissioners may also submit to such vote the proposition of creating a port district with boundaries less than county-wide upon their own resolution, or shall submit the same upon petition as provided in section 70-1103, Idaho Code. No port district shall, at the time of its formation, include lands in more than one (1) county.

[70-1102, added 1969, ch. 55, sec. 2, p. 144; am. 1995, ch. 118, sec. 98, p. 508.]

§ 70-1103 Petition and election — District of less than entire county

Any petition for the formation of a port district may describe a district of less area than the county in which such petition is filed, and in such event the county commissioners shall fix a date for hearing on such petition and publish a notice of such hearing once a week for two (2) successive weeks prior thereto in a newspaper of general circulation within such county. After such hearing, the county commissioners may increase or diminish the boundaries of such proposed port district and shall thereafter submit to vote the proposition of the formation of such port district. The same procedure for notice and election shall be followed as is prescribed for the formation of a port district having boundaries co-extensive with the county boundaries, except that the election shall be confined solely to the lesser port district; and provided, that whenever two (2) or more petitions for the formation of a port district shall be filed as herein provided, the petition describing the greater area shall supersede all others and an election shall first be held thereon, and no port districts shall ever be created within the limits, in whole or in part, of any existing port district.

The boundaries of all port districts shall follow county precinct lines, so that such districts shall include only whole voting districts.

[70-1103, added 1969, ch. 55, sec. 3, p. 144.]

§ 70-1104 Petition — Filing and certification

Such petition shall be filed with the clerk of the county within which the district is to be formed, who shall within fifteen (15) days examine the signatures thereon and certify to the sufficiency or insufficiency thereof, and for such purpose the county clerk shall have access to all registration books in the possession of the officials of any municipal corporation in such proposed port district. If such petition be found to be insufficient, it shall be returned to the persons filing the same, who may amend or add names thereto for ten (10) days, when the same shall be returned to the said clerk, who shall have an additional fifteen (15) days to examine the same and attach his certificate thereto. No person having signed such petition shall be allowed to withdraw his name therefrom after the first filing of the same with the said clerk.

[70-1104, added 1969, ch. 55, sec. 4, p. 144.]

§ 70-1105 Petition — Transmission to county commissioners

Whenever such petition shall be certified to as sufficient, the county clerk shall forthwith transmit the same, together with his certificate of sufficiency attached thereto, to the board of county commissioners, who shall submit such proposition at the next election to be held pursuant to the provisions of section 34-106, Idaho Code, following the date of such certificate.

[70-1105, added 1969, ch. 55, sec. 5, p. 144; am. 1995, ch. 118, sec. 99, p. 509.]

§ 70-1106 Election — Notice

The board of county commissioners shall direct its clerk to give notice of such election by publishing notice thereof at least twice, the first of which shall be not less than twelve (12) days prior to the election and the last of which publication shall be not less than five (5) days preceding such election as provided in section 34-1406, Idaho Code. The notice of election shall state the boundaries of the proposed port district and the object of such election.

[70-1106, added 1969, ch. 55, sec. 6, p. 144; am. 1995, ch. 118, sec. 100, p. 509.]

§ 70-1107 Election — Form of ballot

In submitting the said question to the voters for their approval or rejection, the proposition shall be expressed on said ballot substantially in the following terms:

"Port of …. Yes."

"Port of …. No."

(Giving the name of the principal river port city within such proposed port district; or, if there be more than one city of the same class within such district, such name as may be determined by the board of county commissioners.)

[70-1107, added 1969, ch. 55, sec. 7, p. 144.]

§ 70-1108 District formation

Within nine (9) days after such election the board of county commissioners shall canvass the returns; and, if at such election a majority of the voters voting on such proposition shall vote in favor of the formation of such district, the board of county commissioners shall so declare in its canvass of the returns of such election, and such port district shall thereupon be and become a municipal corporation of the state of Idaho and the name of each port district shall be "Port of…." (inserting the name appearing on the ballot).

[70-1108, added 1969, ch. 55, sec. 8, p. 144; am. 2025, ch. 113, sec. 27, p. 613.]

§ 70-1109 Annexation of land to district — Petitions

The boundaries of any port district may be altered and new territory may be annexed thereto as provided in this act. Such enlarged port district may include land in one or more adjacent counties. Such territory to be annexed must be contiguous to the port district and in one (1) continuous tract, and the exterior lines thereof in all cases must follow precinct boundary lines of such county or counties, so that port districts shall include only whole voting precincts; elections to annex two (2) or more separate tracts of territory shall not be held at the same time. Such annexation may be made only upon the petition of at least ten per cent (10%) of the qualified voters of the area proposed to be annexed based upon the whole number of votes cast within the precincts included within said area proposed to be annexed, at the last preceding general election; such petition shall contain the name of the port district proposed to be enlarged, a description of the exterior boundaries of the territory to be annexed, and shall refer to this section of the act, and all persons signing such petition shall, in addition to signing their name thereon, write thereon their residence address. The petition shall be presented to the county clerk of the county or counties wherein the territory to be annexed lies.

[70-1109, added 1969, ch. 55, sec. 9, p. 144.]

§ 70-1110 Annexation — Certification of petition

If the county clerk or clerks shall find the said petition to be in proper form, and to be signed by the proper number of qualified voters of such areas within their county, they shall so certify to the commissioners of their respective counties, and of the county in which the port district exists. The petition shall be certified at least sixty (60) days before the date of the election herein referred to; the procedure if such petition shall be found insufficient and for the amending thereof, shall be the same as herein provided for petitions for the formation of port districts.

[70-1110, added 1969, ch. 55, sec. 10, p. 144.]

§ 70-1111 Annexation — Election

The commissioners of all counties involved, including the existing port district and the area to be annexed, shall submit the proposition to the voters of such area within their respective counties, at the next election held pursuant to section 34-106, Idaho Code. Except as in this section otherwise provided, the procedure for submitting the proposition shall be the same as herein provided for the original formation of a port district. In submitting the question to the voters for their approval or rejection, the proposition shall be expressed on the ballots substantially in the following terms:

"Enlargement of Port of …., Yes." (Giving the name of the port district);

"Enlargement of Port of …., No." (Giving the name of said port district).

The said elections in the counties involved shall be held simultaneously.

[70-1111, added 1969, ch. 55, sec. 11, p. 144; am. 1995, ch. 118, sec. 101, p. 509.]

§ 70-1112 Annexation — Canvass and declaration of election results

At the time provided by law for the canvass of the vote of the election, the board of county commissioners of each county in which either the existing port district, or the area proposed to be annexed, shall lie, shall canvass the returns of the area of its respective county and declare the results of such election in each county. The annexation shall be deemed approved only if a majority of the votes cast in the existing port district were in favor of the proposal and, in addition thereto, a majority of the votes cast in the area proposed to be annexed were in favor of the proposal.

[70-1112, added 1969, ch. 55, sec. 12, p. 144.]

§ 70-1113 Annexation — Entry of order — Liabilities for outstanding indebtedness

If a majority of votes cast in the port district and, in addition thereto, a majority of the votes cast in the area to be annexed, favor such annexation, the board of county commissioners in each county in which any such land shall lie, shall enter an order declaring such port district enlarged so as to embrace within the limits thereof the territory described in the petition for such election, and thereupon the boundaries of said port district shall be so enlarged and the port commissioners thereof shall have jurisdiction over the whole of said district as enlarged to the same extent, and with like power and authority, as though the additional territory had been originally embraced within the boundaries of the existing port district; provided, however, that none of the lands or property embraced within the territory added to and incorporated within such port district shall be liable to assessment for the payment of any outstanding bonds, warrants or other indebtedness of the preexisting port district so enlarged, but such outstanding bonds, warrants or other indebtedness together with interest thereon, shall be paid exclusively from assessments levied and collected on the lands and property embraced within the boundaries of the preexisting port district.

[70-1113, added 1969, ch. 55, sec. 13, p. 144.]

§ 70-1114 Disincorporation

(1) A port district may disincorporate after proceedings as required by this section. The port commission shall, upon receiving a petition for disincorporation signed by not less than twenty-five percent (25%) of the number of qualified electors casting votes at the last election of the port commissioners held therein, submit the question of whether such port district shall disincorporate to the electors of the port district. Such election shall be held in accordance with title 34, Idaho Code.

(2) In submitting the said question to the voters for their approval or rejection, the proposition shall be expressed on said ballot substantially in the following terms:

"Disincorporation of Port of …. Yes."

"Disincorporation of Port of …. No."

(Giving the name of the port district.)

(3) The votes shall be canvassed in the same manner as in other elections. If the canvass of votes shows that less than two-thirds (2/3) of the votes cast were in favor of disincorporation, the port commission shall declare the petition for disincorporation denied, in which event no other election shall be held on the question of disincorporating the port district until the expiration of two (2) years from the date of the election so held. If it is found by the canvass of votes that two-thirds (2/3) of all the votes cast were in favor of disincorporation, the port commission shall certify such election results to the boards of commissioners of the county or counties in which the port district is located.

(4) The board or boards of commissioners of the county or counties shall thereupon enter an order that the port district be disincorporated, said order to take effect at the end of the calendar year in which the election was held, but in no event less than thirty (30) days from the date of the holding of the election.

(5) All proceedings following entry of the order of disincorporation shall be conducted to the extent practicable in the same manner as is provided for the disincorporation of municipal corporations under sections 50-2206 through 50-2214, Idaho Code; provided that in no event shall disincorporation be effective until all indebtedness of the port district has been paid or duly provided for; and provided further, that no port district may incur new or additional indebtedness after an order for disincorporation has been entered.

[70-1114, added 2003, ch. 353, sec. 2, p. 946.]

Chapter 12 Port Districts — Election of Port Commissioners

§ 70-1201 Commissioners — Commissioner districts

The powers of the port district shall be exercised through a port commission consisting of three (3) members, one (1) from each of the three (3) county commissioner districts of the county in which the port district is located, when the boundaries of the port district are co-extensive with the boundaries of such county. When the port district comprises only a portion of a county, three (3) commissioner districts, numbered consecutively, having approximately equal population and with boundaries following county precinct lines, shall be described in the petition for the formation of the port district, and one (1) commissioner shall be elected from each of said commissioner districts. Any port district may, after formation, be redistricted in the original county of formation as in this act provided.

[70-1201, added 1969, ch. 55, sec. 14, p. 144.]

§ 70-1202 Commissioners — Qualifications

No person shall be eligible to hold the office of port commissioner unless he is a qualified elector of the state of Idaho and a resident of the district from which he is seeking office.

[70-1202, added 1969, ch. 55, sec. 15, p. 144.]

§ 70-1203 Commissioners — First election

At the same election at which the proposition is submitted to the voters as to whether a port district shall be formed, three (3) commissioners shall be elected to hold office, respectively for the terms of two (2), four (4) and six (6) years. All candidates at the formation election shall be voted upon by the entire port district, and the candidate residing in commissioner district number one (1) receiving the highest number of votes shall hold office for the term of six (6) years; and the candidate residing in commissioner district number two (2) receiving the highest number of votes shall hold office for the term of four (4) years; and the candidate residing in commissioner district number three (3) receiving the highest number of votes shall hold office for the term of two (2) years. In all subsequent elections in the county of original formation, the port commissioners shall likewise be elected at large within that area of such county embracing the port district.

[70-1203, added 1969, ch. 55, sec. 16, p. 144.]

§ 70-1204 Commissioners — Commencement of term

The terms of all commissioners elected under any section of this chapter shall date from the first day in January following the general election at which they were elected, if elected at a general election, or if elected at other than a general election on the date specified in the certificate of election.

[70-1204, added 1969, ch. 55, sec. 17, p. 144; am. 1995, ch. 118, sec. 102, p. 510.]

§ 70-1205 Commissioners for annexed area — Original county

No additional commissioner shall be elected to represent any annexed area of the county in which the port district was formed, but the port district within such county shall, after each such annexation, be redistricted as in this act provided.

[70-1205, added 1969, ch. 55, sec. 18, p. 144.]

§ 70-1206 Commissioners for annexed area of adjacent county

At the same election at which a proposition for annexation of land to an existing district is submitted to vote, if the area to be annexed includes land in a county or counties other than the county in which the original port district exists, one (1) commissioner shall be elected by the voters in such area within the adjacent county or counties to represent such area in case such annexation shall be accomplished as a result of such election. Such commissioner shall hold office for a term of six (6) years and until his successor is elected and qualified. Such commissioner and his successor shall be elected by vote only of the residents of that portion of such county or counties lying within such port district. Such commissioner shall have the same qualifications as herein provided for other commissioners of the district, and shall be a resident of such area. If the annexation shall be accomplished, the port commission shall thereafter consist of the three (3) commissioners of the original port district and the commissioner for such adjacent county or counties. In like manner, in the event of any subsequent annexations, a commissioner having the qualifications herein set forth shall be elected to serve for a six (6) year term as commissioner for such adjacent county or counties, and the port commission shall be expanded to include the commissioner from each such annexed area; provided, that a port commission shall never exceed five (5) commissioners and no commissioner shall be elected to represent any area annexed to any port commission already having, or being authorized by law to have, five (5) commissioners.

[70-1206, added 1969, ch. 55, sec. 19, p. 144.]

§ 70-1207 Subsequent commissioners — Term of office

Commissioners elected subsequent to the formation and/or annexation election shall hold office for a period of six (6) years and until their respective successors are elected and qualified.

[70-1207, added 1969, ch. 55, sec. 20, p. 144.]

§ 70-1208 Commissioners — Elections after formation

A general election for election of a port commissioner or commissioners and for the submission to vote of any propositions or proposals shall be held biennially in conjunction with the general county elections in the county of original formation, and at the appropriate times subject to the provisions of section 34-106, Idaho Code, in all annexed counties.

[70-1208, added 1969, ch. 55, sec. 21, p. 144; am. 1995, ch. 118, sec. 103, p. 510.]

§ 70-1209 Formation or annexation between general elections — Election of subsequent commissioners

If any formation or annexation election be held, subject to the provisions of section 34-106, Idaho Code, at any time other than at the time of a general election, then there shall be no election held on the next subsequent general election following the creation of, or annexation to, such port district, as to the commissioners elected at such formation and/or annexation election.

[70-1209, added 1969, ch. 55, sec. 22, p. 144; am. 1995, ch. 118, sec. 104, p. 510.]

§ 70-1210 Election procedure — Supplies

Such general election shall be conducted by the county clerk according to the provisions of chapter 14, title 34, Idaho Code.

[70-1210, added 1969, ch. 55, sec. 23, p. 144; am. 1995, ch. 118, sec. 105, p. 510; am. 2009, ch. 341, sec. 155, p. 1075.]

§ 70-1211 Elections — Voter qualifications

All electors who are, at the time of any port district election, residents of such district and duly qualified to vote within their respective precincts under the general election laws for state and county officers, shall be deemed qualified electors in said port district, but only as to commissioners representing the port area within the county of their residence, and as to propositions to be voted on within such area within their county of residence.

[70-1211, added 1969, ch. 55, sec. 24, p. 144.]

§ 70-1212 Elections — Nominating petitions

Nominations for port commissioners at the formation election, at any annexation elections, and for all general elections shall be by petition of not less than five (5) qualified electors of the commissioner district of which the candidate is a resident, and shall be filed in the office of the county clerk of the county in which such commissioner district is situate, in accordance with the provisions of section 34-1404, Idaho Code.

In any election for commissioner, if after the deadline for filing a declaration of intent as a write-in candidate, it appears that only one (1) qualified candidate has been nominated for a commissioner position, it shall not be necessary for the candidate to stand for election, and the port commission shall declare such candidate elected as a commissioner, and the secretary of the commission shall immediately make and deliver to such person a certificate of election.

[70-1212, added 1969, ch. 55, sec. 25, p. 144; am. 1995, ch. 118, sec. 106, p. 510.]

§ 70-1213 Primary elections

In the event valid nominating petitions for more than two (2) candidates remain on file for the office of port district commissioner in any commissioner district after the last day for withdrawal of candidacy, the county clerk shall conduct a port district primary at the same time he conducts the county primary election. At all such nominating elections, the nomination of candidates shall be nonpartisan, and the ballot, or portion of ballot, to be used for such nominating election shall be designated "Port District Nominating Ballot, Port of …." (inserting the name of the appropriate port district), and such ballot shall not have upon it any political party designation nor statement of any affiliation whatever of any candidate named thereon. In the event no more than two (2) such nominating petitions remain on file for the office of port district commissioner in any port commissioner district after the last day for withdrawal of candidacy, the county clerk shall not conduct such port district primary, but shall cause the name of such candidates to be printed upon the port district ballot for the general election only. Such general election ballot, or portion of the ballot for use in such port election, shall be designated "Official Ballot, Port of …." (inserting therein the name of such port district), and shall contain no political party designation nor statement of any affiliation whatsoever of any candidate named thereon.

In the event a primary election is conducted for the office of port district commissioner, the name of the person who receives the greatest number of votes and of the person who receives the second greatest number of votes for each commissioner district, shall appear upon the port district general election ballot under the designation for each respective office. Names of candidates printed on the district primary and general election ballots shall be rotated, as nearly as may be, in the same manner as are names of candidates under the election laws of this state relating to the election of county officers.

Any port commissioner may be recalled in accordance with the statutory provisions for the recall of county officers then in effect; provided, however, that only voters residing within and qualified to vote within the port district may vote at any such recall election.

[70-1213, added 1969, ch. 55, sec. 26, p. 144.]

§ 70-1214 General elections — Submission of propositions or proposals

In the event the port commissioners shall determine to submit any propositions or proposals to the voters at any such general election, the president and secretary of such port district, shall, within sixty (60) days prior to said general election, certify to the county clerk of each county in which said port district exists, or in which such proposition or proposal is to be submitted, a statement of the propositions or proposals to be submitted, in the form the same are to be placed upon the port district ballot, and the county clerk shall cause to be placed upon the port district ballot, following the names of the candidates to be voted upon at such election, the statement of the propositions or proposals to be voted upon together with appropriate spaces for voting for or against such propositions or proposals.

[70-1214, added 1969, ch. 55, sec. 27, p. 144.]

§ 70-1215 Additional elections

Additional elections within any port district may be held at such times and for the submission of such propositions or proposals as the port commission may by resolution prescribe, subject to the limitations provided in section 34-106, Idaho Code. Such elections shall be conducted by the county clerk in accordance with the general election laws of the state, including chapter 14, title 34, Idaho Code.

[70-1215, added 1969, ch. 55, sec. 28, p. 144; am. 1995, ch. 118, sec. 107, p. 511; am. 2009, ch. 341, sec. 156, p. 1075.]

§ 70-1217 Additional elections — Polling places

For such additional elections, there shall be not less than one (1) polling place within each port commissioner district. It shall be the duty of the county commissioners at least twenty (20) days before all special elections, to designate by resolution the polling places for such special election, and the county clerk shall appoint election officials for each polling place.

[70-1217, added 1969, ch. 55, sec. 30, p. 144; am. 1995, ch. 118, sec. 108, p. 511; am. 2009, ch. 341, sec. 157, p. 1075.]

§ 70-1218 Additional elections — Registration books

As provided in section 34-1402, Idaho Code, the county clerk of any county in which a port district is located shall maintain the register of electors and make such register available to the election officials of the port district.

[70-1218, added 1969, ch. 55, sec. 31, p. 144; am. 1995, ch. 118, sec. 109, p. 511.]

§ 70-1219 Elections — Canvass of vote

The returns of all port district elections shall be canvassed by the county commissioners, who shall meet and proceed to canvass the same in accordance with the provisions of chapter 12, title 34, Idaho Code, and shall thereupon declare the results.

[70-1219, added 1969, ch. 55, sec. 32, p. 144; am. 2009, ch. 341, sec. 158, p. 1076.]

§ 70-1220 Elections — expenses

All expenses of elections for the formation of a port district and annexations thereto, and any other port district elections, shall be paid by the county or counties holding such election, and such expenditure is hereby declared to be for a county purpose.

[70-1220, added 1969, ch. 55, sec. 33, p. 144; am. 2009, ch. 341, sec. 159, p. 1076.]

Chapter 13 Port Districts — Revision of Commissioner Districts

§ 70-1301 Revision of commissioner districts authorized

The commission by resolution may, and upon petition signed by not less than two hundred fifty (250) electors residing in the area to be redistricted, shall, re-establish the boundaries of the commissioner districts in that portion of the port district which is in the county in which the district was initially formed, so that each such commissioner district shall comprise as nearly as possible one-third (1/3) of the population of so much of the port district as is within such county, provided that no county voting precinct shall be divided by the boundary lines of a commissioner district.

[70-1301, added 1969, ch. 55, sec. 34, p. 144.]

§ 70-1302 Meeting for revision public — Notice

The revision of boundary lines provided for in this act shall be made only at a meeting of the port commission with attendance of all of the members of the commission, which meeting shall be public. The port commission shall give notice of such meeting by publishing the same in a daily newspaper of general circulation within the port district, or if there be no such daily newspaper, then in a weekly newspaper of general circulation within such port district. Such notice shall be published not less than once per week for two (2) consecutive weeks, the date of the first publication to be not more than twenty (20) days prior to the date fixed for such meeting. Such notice shall state the time, place and purpose of the meeting.

[70-1302, added 1969, ch. 55, sec. 35, p. 144.]

§ 70-1303 Change not to affect existing terms of office

Any change of boundary lines provided for in this act shall not affect the terms of commissioners already in office at the time the change is made.

[70-1303, added 1969, ch. 55, sec. 36, p. 144.]

Chapter 14 Port Districts — Commissions in General

§ 70-1401 Commission — Organization

Each port commission shall organize by the election from its own members of a president, vice-president, secretary and treasurer. The office of secretary and treasurer may be combined in one (1) commissioner. The commissioners elected at the formation election shall adopt an official seal. Each commission may, by resolution, adopt rules governing the transaction of its business, which rules shall continue in force and effect until altered, changed, amended or voided by the subsequent action of the commission adopting the same, or any subsequent commission.

[70-1401, added 1969, ch. 55, sec. 37, p. 144.]

§ 70-1402 Record of proceedings

The proceedings of the meetings of the port commission shall be by motion or resolution recorded in the minutes of such meeting, which shall be kept in a minute book and shall be a public record.

[70-1402, added 1969, ch. 55, sec. 38, p. 144.]

§ 70-1403 Quorum

A majority of the persons holding the office of port commissioner at any time shall constitute a quorum of the port commission for the transaction of business, and the concurrence of a majority of the persons holding such office at the time shall be necessary and shall be sufficient for the transaction of any port business, but no business shall be transacted unless there are in office at least a majority of the full number of commissioners fixed by law.

[70-1403, added 1969, ch. 55, sec. 39, p. 144.]

§ 70-1404 Per diem — Reimbursement for expenses

There shall be paid to each of the port commissioners from the funds of the district, not more than fifty dollars ($50.00) per day for each day spent attending meetings, or while engaged in port business authorized by the port commission. In addition, such commissioners and the agents and employees of the district shall be entitled to be reimbursed upon order of the commission, from funds of the district, for all reasonable sums expended by them in furthering the business of the port.

[70-1404, added 1969, ch. 55, sec. 40, p. 144; am. 1984, ch. 128, sec. 1, p. 303.]

§ 70-1405 Mileage

Commissioners, agents and employees of port districts, while using their personal vehicles for travel for port purposes, as authorized by the commission, shall be entitled to receive from port funds, mileage reimbursement at a rate per mile to be fixed from time to time by the port commission, but not exceeding the maximum rate allowed to state officials by other agencies of the state of Idaho. Such reimbursement for mileage shall include the mileage of commissioners, agents and employees in traveling to and from their place of residence for attendance at meetings and for all other authorized port purposes.

[70-1405, added 1969, ch. 55, sec. 41, p. 144.]

§ 70-1406 Vacancy — How caused

A vacancy in the office of port commissioner shall occur by death, resignation, removal from office, conviction of a felony, non-attendance at meetings of the port commission for a period of sixty (60) days unless excused by the port commission, by any statutory disqualification, by the removal of any commissioner of his residence from the port district, or by any permanent disability preventing the proper discharge of his duty.

[70-1406, added 1969, ch. 55, sec. 42, p. 144.]

§ 70-1407 Vacancies — How filled

In the event of any vacancy in the office of port commissioner, such vacancy shall be filled at the next general election, and in the interim the vacancy shall be filled by appointment by a majority vote of the remaining port commissioners, and if said port commissioners shall fail to make such appointment within thirty (30) days after such vacancy occurs, then such appointment shall be made by the county commissioners of the county in which the vacant commissioner district exists.

If there should be at the same time, such number of vacancies that there are not in office a majority of the full number of commissioners fixed by law, the county commissioners of the county of each district in which such vacancy exists shall within thirty (30) days of such vacancy make appointments to fill the vacancies ad interim through the next general election.

[70-1407, added 1969, ch. 55, sec. 43, p. 144.]

§ 70-1408 Employees

The port commission shall have authority to retain legal counsel, and other professional and technically trained persons, on general or special retainer, and to create and fill positions, to fix wages and salaries thereof, to pay costs and assessments involved in securing or arranging to secure employees, and to establish such benefits for employees, including holiday pay, vacations or vacation pay, retirement and pension benefits, medical, surgical or hospital care, life, accident, or health disability insurance, and similar benefits, as commonly established by other employers of similar employees, as the port commission shall provide. The port commission shall have authority to provide or pay such benefits directly, or to provide for such benefits by the purchase of insurance policies or by entering into contracts with and compensating a person, firm, agency or organization furnishing such benefits, or by making contributions to vacation plans or funds, or health and welfare plans and funds, or pension plans or funds, or similar plans or funds, as commonly established by other employers of similar employees and in which the port district is permitted to participate for particular classifications of its employees by the trustee or other persons responsible for the administration of such established plans or funds. The port commission shall have the authority to utilize and compensate agents for the purpose of paying, in the name and by the check of such agent or agents or otherwise, wages, salaries and other benefits to employees, or particular classifications thereof, and for the purpose of withholding payroll taxes and paying over tax moneys so withheld to appropriate governmental agencies, on a combined basis with the wages, salaries, benefits, or taxes of other employers or otherwise; to enter into such contracts and arrangements with and to transfer by check such funds from time to time to any such agent or agents so appointed as are necessary to accomplish such salary, wage, benefit, or tax payments as though the port district were a private employer, notwithstanding any other provision of the law to the contrary. The funds of a port district transferred to such an agent or agents for the payment of wages or salaries of its employees in the name or by the check of such agent or agents shall be subject to garnishments with respect to salaries or wages so paid, notwithstanding any provision of the law relating to municipal corporations to the contrary.

[70-1408, added 1969, ch. 55, sec. 44, p. 144.]

§ 70-1409 Fidelity bonds

The port auditor, the port treasurer and the port manager shall execute and file with the commission fidelity bonds, with a surety company lawfully doing business within the state of Idaho, satisfactory to the commission, in such amount as the commission shall from time to time determine, which amount shall not be less than five thousand dollars ($5,000) as to each such person, which bonds shall be conditioned for the faithful performance by such persons of their official duties as such port officials.

The commission in like manner may require a bond of such other of its officers, agents and employees, as it shall determine, in such amount and upon such conditions as it shall from time to time determine.

[70-1409, added 1969, ch. 55, sec. 45, p. 144.]

§ 70-1410 Interest in contracts prohibited — Exceptions

No port commissioner or employee shall be beneficially interested, directly or indirectly, in any contract which may be made by, through or under the supervision of such commission or employee, in whole or in part, or which may be made for the benefit of his office, or accept, directly or indirectly, any compensation, gratuity or award in connection with such contract from any person beneficially interested therein.

This section shall not apply in the following cases:

(1) The furnishing of electrical, water or other utility services by a municipality or private corporation engaged in the business of furnishing such services at the same rates and on the same terms as are available to the public generally;

(2) The designation of public depositories for municipal funds;

(3) The publication of legal notices required by law to be published by the port commission, upon competitive bidding or at rates not higher than are charged members of the general public;

(4) Any contract in such port district in which the total volume of business represented by such contract or contracts in which a particular commissioner or employee is interested, in the aggregate, as measured by the dollar amount of port’s liability thereunder, shall not exceed two hundred dollars ($200) in any calendar month;

(5) Ownership of any interest in, or any participation in any cooperative warehouse or facility within the port district, for the cooperative storage and/or marketing of farm or other goods or products, provided, that, such exclusion shall not extend to officers, elected officials or paid employees of any such cooperative warehouse or facility;

(6) Any such contract, where the same shall have been approved by order of the judge of the district court of the county in which is located the city for which the district is named, upon the petition of the port commission, or of any party interested in such contract. Notice of hearing on such petition shall be given for such time and in such manner as such court by order directs.

[70-1410, added 1969, ch. 55, sec. 46, p. 144.]

Chapter 15 Port Districts — Powers

§ 70-1501 Acquisition of property and facilities — Operation

A port district may finance, construct, condemn, purchase, acquire, add to, equip, maintain and operate any and all facilities and services reasonably incident to the operation of a modern, efficient and competitive port, together with industrial and economic development facilities of any kind or nature which maintain or increase employment opportunities in a port district. In connection with its operations, a port district may perform all customary services including, but not limited to, the handling, weighing, measuring, reconditioning and storage for hire, processing and/or holding for transshipment of all commodities.

[70-1501, added 1969, ch. 55, sec. 47, p. 144; am. 1994, ch. 114, sec. 1, p. 261; am. 2001, ch. 189, sec. 2, p. 652.]

§ 70-1502 Acquisition of property — Eminent domain — Levy of assessments

A port district may acquire by purchase, for cash or on deferred payments for a period not exceeding ten (10) years, or by condemnation, or by both, all lands, property, property rights, leases or easements necessary for its purposes and may exercise the right of eminent domain in the acquirement or damaging of all such lands, property, and property rights, and may levy and collect assessments upon property for the payment of all damages and compensations in carrying out its purposes. Except as modified or enlarged in this act, the provisions of chapter 7 of title 7, Idaho Code, shall apply to condemnation of estates, interests or rights in lands by port districts.

[70-1502, added 1969, ch. 55, sec. 48, p. 144.]

§ 70-1503 Ownership and operation of property in general

A port district may own and control lands, leases, and all easements and interests in land and all manner of personal property for all lawful port purposes and operate any and all property or facilities in any way acquired or owned by such port district, either within or without the boundaries of said district.

[70-1503, added 1969, ch. 55, sec. 49, p. 144.]

§ 70-1504 Navigation — Waterway improvement

Port districts shall have full power and authority to regulate and control all navigable and non-navigable waters of the United States and of the state of Idaho, so far and to the full extent that this state can grant the same, within and adjacent to the boundaries thereof, when necessary to the efficient development and operation of the port district; and to that end may straighten, widen, deepen, and otherwise improve any and all such waterways, waters, water courses, bays, lakes, streams or other waters, whether navigable or otherwise, and may create or improve new waterways.

[70-1504, added 1969, ch. 55, sec. 50, p. 144.]

§ 70-1505 Rates and charges

A district may fix, without right of appeal therefrom, the rate of wharfage, dockage, warehousing, and all necessary port and terminal charges upon all improvements owned and/or operated by it, and the charges of ferries operated by it. The port commission shall file with the public utilities commission of this state, its schedule of rates and charges so fixed. It may change any rate or charge so filed, by filing with the commission a notice of the proposed change not less than thirty (30) days before the change shall go into effect.

It may fix, subject to state regulation, all such charges upon all docks, wharves, warehouses, quays and piers owned by the state of Idaho, and operated under lease therefrom, and/or by agreement therewith.

[70-1505, added 1969, ch. 55, sec. 51, p. 144.]

§ 70-1506 Foreign trade zones

A port district may apply to the proper authority of the United States under any law now or hereafter in force for the right to establish, operate and maintain foreign trade zones within the limits of the port district and may establish, operate and maintain such foreign trade zones.

[70-1506, added 1969, ch. 55, sec. 52, p. 144.]

§ 70-1507 Industrial development — Improvements

A port district may improve its lands by dredging, filling, bulk-heading, providing waterways, or otherwise developing such lands for sale or lease for industrial and commercial purposes. Such district may cooperate with the U.S. Army Corps of Engineers, or any other applicable governmental agencies or instrumentalities in the management and development of lands acquired by the port and/or acquired by such governmental agencies and/or acquired by the port and such governmental agencies jointly.

[70-1507, added 1969, ch. 55, sec. 53, p. 144.]

§ 70-1508 Joint exercise of powers — Joint acquisition of property — Contracts with other governmental entities

Any two (2) or more port districts shall have the power, by mutual agreement, to exercise jointly all powers granted to each individual district, and in the exercise of such powers shall have the right and power to acquire jointly all lands, property, property rights, leases, or easements necessary for their purposes, either entirely within, or partly within and partly without, or entirely without such districts; provided that any two (2) or more districts so acting jointly, by mutual agreement, shall not acquire any real property or real property rights in any other port district without the consent of such district. A port district may enter into any contract with the United States, or any state, county or municipal corporation, or any agency or instrumentality thereof, for carrying out any powers which each of the contracting parties may by law exercise separately.

[70-1508, added 1969, ch. 55, sec. 54, p. 144.]

§ 70-1509 Cooperation with United States — Federal aid — Sale of bonds — Powers conferred

Every port district shall have power and is hereby authorized to completely and fully cooperate with the United States in all its programs and under all its laws, and to accept and use all available federal aid, and by way of illustration and not of limitation to do any or all of the following:

(1) Accept from the United States or any agency or instrumentality thereof, loans or grants for or in aid of any port development;

(2) Make contracts and execute instruments containing such terms, provisions, and conditions as in the discretion of the port commission may be necessary, proper or advisable for the purpose of obtaining grants or loans, or both, from any such federal agency or instrumentality, under any law of the United States, or the rules or regulations promulgated thereunder; to make all other contracts and to execute all other instruments necessary, proper or advisable in or for the furtherance of any port improvement and to carry out and perform the terms and conditions of all such contracts or instruments;

(3) Subscribe to and comply with the provisions of all the laws of the United States and any rules and regulations made by any such federal agency or instrumentality, with regard to any such grants or loans or both;

(4) Perform any acts authorized under this act through or by means of its own officers, agents and employees, or by contract with corporations, firms, or individuals;

(5) Any contract to be let involving funds secured or to be secured in whole or in part under any such United States laws, rule or regulation, or any part thereof, may be awarded upon any day at least fifteen (15) days after one (1) publication of a notice requesting bids upon such contract in a newspaper of general circulation in the port district; provided, that in any case where publication of notice may be made for a shorter period of time under the provisions of existing statute or charter, such statute or charter shall govern;

(6) To sell bonds at private sale to any agency or instrumentality of the United States or of this state, or to any sister state, or to any municipal corporation of this or any sister state, without any public advertisement;

(7) To issue interim receipts, certificates, warrants, or other temporary obligations, in such form and containing such terms, conditions and provisions as the port commission issuing the same may determine, pending the preparation or execution of bonds for the purpose of financing such projects;

(8) To issue bonds bearing the signatures of officers in office of the date of signing such bonds, notwithstanding that before delivery thereof any or all the persons whose signatures appear thereon shall have ceased to be the officers of the port commission issuing the same;

(9) To include in the cost of any such project which may be financed by the issuance of bonds: (a) engineering, inspection, accounting, fiscal and legal expenses; (b) the cost of issuance of the bonds, including engraving, printing, advertising, and other similar expenses; (c) any interest costs during the period of construction on such project and for six (6) months thereafter on money borrowed or estimated to be borrowed;

(10) To stipulate in any contract for the construction of any such project or part thereof, the maximum hours that any laborer, workman or mechanic shall be permitted or required to work in any one (1) calendar day or calendar week or calendar month, and the minimum wages to be paid to laborers, workmen or mechanics in connection with any such project; provided, that no such stipulation shall provide for hours in excess of, or for wages less than may now or hereafter be required by any other law;

(11) To exercise any power conferred by this act independently or in conjunction with any power or powers conferred by any other law.

[70-1509, added 1969, ch. 55, sec. 55, p. 144.]

§ 70-1510 Federal aid — Preliminary studies

Port districts are hereby authorized to accept from the United States government all loans, advances, grants in aid, or donations which may be made available under any federal act, rule or regulation, for the purpose of financing the cost of architectural, engineering, or economic investigations or of studies, surveys, designs, plans, working drawings, specifications, procedures, and other matters preliminary to the construction of public works.

[70-1510, added 1969, ch. 55, sec. 56, p. 144.]

§ 70-1511 United States surplus property — Acquisition

Port districts may acquire, by gift or for consideration, individually or with other port districts or municipal corporations or instrumentalities of this state, surplus United States property, and/or other property of the United States or any other public body made available for such acquisition, and may hold and use the same for all lawful port purposes, subject to applicable federal laws and regulations appertaining thereto. Such property may be so acquired and used whenever the port commission finds the acquisition and/or use thereof to be to the present or future benefit of the port district, and whether or not the acquisition and/or use thereof is contemplated within the port district’s comprehensive plan of harbor improvement and port development.

[70-1511, added 1969, ch. 55, sec. 57, p. 144.]

§ 70-1512 Federal aid powers supplemental — Construction

The powers conferred by sections 70-1509—70-1512 shall be in addition and supplemental to, and not in diminution of or substitution for any powers now or hereafter conferred upon any port district by this act or any other law. The provisions of such sections are intended to simplify the procedure for the construction and financing of port improvements, and are remedial in nature and the powers thereby granted shall be liberally construed; provided, that such section shall not be construed to authorize the issuance of general obligation bonds by such port, in excess of the limitations contained in this act and any such bonds shall be issued only upon compliance with the provisions of this act concerning the issuance of general obligation bonds.

[70-1512, added 1969, ch. 55, sec. 58, p. 144.]

Chapter 16 Port Districts — Further Powers and Procedures — Harbor Improvement Plans

§ 70-1601 Adoption of harbor improvement and port development plan

It shall be the duty of the port commission of any port district, before creating any improvements hereunder, to adopt a comprehensive plan of harbor improvement and port development for such port district after a public hearing thereon, notice of which shall be given by publication in a daily newspaper of general circulation in such port district by one (1) publication at least ten (10) days prior to the date of hearing, and no expenditure for the carrying on of any harbor improvement or port development shall be made by said commission other than necessary salaries, including engineers, clerical and office expenses of such port district, and the cost of engineering, surveying, preparation and collection of data necessary for the making and adoption of a general plan of harbor improvement and port development for such port district, unless and until such comprehensive plan of harbor improvement and port development has been so officially adopted by the port commission.

Recognizing that it will be necessary that port districts engage in long range planning, and that it will normally be necessary to alter such plan from time to time, such plan need only be in general terms.

[70-1601, added 1969, ch. 55, sec. 59, p. 144.]

§ 70-1602 Improvements to follow plan adopted

When such general plan shall have been adopted as provided in section 70-1601, improvements to be made by the commission shall be made substantially in accordance therewith unless and until such general plan shall have been officially amended, modified or changed by the port commission.

[70-1602, added 1969, ch. 55, sec. 60, p. 144.]

§ 70-1603 Amendment, modification of change of plan

The plan may be amended, modified or changed by the port commission at any time after a public hearing thereon, notice of which shall be published in a newspaper of general circulation in such port district by one (1) publication at least ten (10) days prior to the date of the hearing, and such plan as amended, modified or changed shall be and remain the district’s plan of harbor improvement and port development, until the same shall again be amended, modified or changed by the port commission in the same manner.

[70-1603, added 1969, ch. 55, sec. 61, p. 144.]

§ 70-1604 Plans heretofore adopted — Saving clause

All plans adopted by any port commission prior to the effective date of this act are validated and shall be and continue in full force and effect, as though lawfully adopted under the provisions of this act.

[70-1604, added 1969, ch. 55, sec. 62, p. 144.]

§ 70-1605 Ownership of improvements

Except as to lands acquired or improved for industrial development, no improvements shall be acquired or constructed by the port district, unless such improvements shall, when completed, be the property of such port district, or the county in which such improvement is located, the state of Idaho, the United States of America or a sister state of the United States of America or some municipal or public corporation or political subdivision thereof, or shall be jointly owned by any two (2) or more thereof. The funds of such port district may be expended in the acquirement or construction of any harbor or port improvement embraced in such plan adopted as in this act provided, in conjunction with any such entity. In amplification and not in limitation of the foregoing, port districts may, in the exercise of all lawful port district powers, and for all lawful port district purposes, contract with, enter into joint leases and contracts of all types, enter into compacts, joint venture, incur indebtedness jointly, and in all lawful manner deal with other port districts and/or municipal corporations and/or political subdivisions of this state and/or of sister states, and/or of the United States of America. The power hereby granted shall include, but not be limited to the power to jointly own and operate port properties and/or facilities in one or more port districts, whether within or without the state of Idaho.

[70-1605, added 1969, ch. 55, sec. 63, p. 144.]

§ 70-1606 Engineering studies, investigations, and surveys — Promotion of port — Rules and regulations for expenditures — Vouchers

All port districts are authorized and empowered, either alone or jointly with the state of Idaho, sister states, the United States of America, or any municipal or public corporation or political subdivision thereof or with other operators of terminal or transportation facilities, to initiate and carry on the necessary engineering studies, investigations and surveys required for the proper development, improvement and utilization of all port properties, utilities and facilities, and to assemble and analyze the data thus obtained, and to make such expenditures as are necessary for such purpose, and for the proper promotion, advertising, improvement and development of the port. Port district expenditures for industrial development, port promotion, or promotional hosting shall be pursuant to specific and separate budget items as approved by the port commission as a part of its annual budget, as the same may be amended or supplemented under the provisions of this act. The port commission shall adopt written rules and regulations governing the expenditure of port funds for promotional purposes and/or port hosting by port employees and agents. Such rules and regulations shall identify the employees and agents authorized to make such expenditures and shall state the objectives of such expenditures. Port commissioners shall not seek reimbursement for any such expenditures personally made by any such commissioner, unless specific authorization for such expenditure was approved by the port commission in advance of such expenditure. Reimbursement for all such expenditures shall be upon port voucher properly identified and approved by the port commission and audited in the same manner as are other port vouchers.

[70-1606, added 1969, ch. 55, sec. 64, p. 144.]

§ 70-1607 Regulations for use of port properties and facilities — Adoption, amendment, and repeal — Violations may be misdemeanors

A port district may formulate all needful regulations for the use by tenants, agents, servants, licensees, invitees, suppliers, passengers, customers, shippers, business visitors and members of the general public, of any properties or facilities owned or operated by it, and request the adoption, amendment or repeal of such regulations as part of the ordinances of the city in which such properties or facilities are situated, or as a part of the resolutions of the county, if such properties or facilities be situated outside any city. The port commission shall make such request by resolution after holding a public hearing on the proposed regulations, notice of which shall be published in a legal newspaper of general circulation in the port district by one (1) publication at least ten (10) days prior to such hearing. In such notice the proposed regulation may be stated in general terms. Such regulations must conform to and be consistent with federal and state law. As to properties or facilities situated within a city, such regulations must conform to and be consistent with the ordinances of the city. As to properties or facilities situated outside any city, such regulations must conform to and be consistent with county ordinances or resolutions. Upon receiving such request, the governing body of the city or county as the case may be, may adopt such regulations as part of its ordinances or resolutions or amend or repeal such regulations in accordance with the terms of the request. Such regulations may be amended or repealed in the same manner as they are adopted. Such regulations shall be compiled and shall be a matter of public record. When any such regulation shall so specify, any violation thereof shall constitute a misdemeanor which shall be redressed in the same manner as other municipal police regulations, and it shall be the duty of all law enforcement officers to enforce such regulations accordingly.

[70-1607, added 1969, ch. 55, sec. 65, p. 144.]

§ 70-1608 Jurisdiction of other public bodies

No municipal corporation, political subdivision or other public body or agency of this state shall have jurisdiction over port operations, port facilities, port-owned property, port services or other matters under port district regulation or operation. Notwithstanding the above provisions, the general police regulations, building codes, fire codes, health and sanitation regulations, fuel storage regulations, including the inspection and control provisions thereof, and any and all other such regulatory codes that are in force within the limits of any city or county shall, except where the subject matter is subject to state or federal regulations, be applicable to such operations, facilities, property, services or other matters under port district regulation or operation when any such are situated or conducted within the limits of any city or county.

[70-1608, added 1969, ch. 55, sec. 66, p. 144.]

§ 70-1609 Counties — Tax-title lands

Any county acquiring title to any lands within the area encompassed by any port district plan of harbor improvement or port development, and/or in any industrial development district created under this act, after the period of redemption thereof shall have expired, may, in lieu of public auction thereof, upon the request of the port commission, either grant such lands to the port district without remuneration or sell the lands to the port district for the amount of such delinquent taxes, together with any penalties and interest to which the county is entitled under the taxation laws of this state, as the county commissioners shall determine. Nothing in this section shall prevent such county commissioners from granting or selling such lands to any other municipality or public body that may make application therefor.

[70-1609, added 1969, ch. 55, sec. 67, p. 144.]

§ 70-1610 Sale of property no longer needed

A port district may sell and convey any of its property when the port commission has declared the property to be no longer needed for district purposes, but no real property which is a part of a comprehensive plan of harbor improvement of port development, or modification thereof, shall be disposed of without a public hearing upon the question of such disposition, after notice given in the same manner and for the same time as is notice for the adoption of the comprehensive plan.

[70-1610, added 1969, ch. 55, sec. 68, p. 144.]

§ 70-1611 Exchange of property

The port commission may exchange any property owned by the port district, for other property of equivalent value and/or may make such exchange of property and pay or receive any difference in value in cash or upon such terms as the port commission shall approve, and in determining such values may appoint an appraiser or appraisers to appraise such properties involved in any such transaction.

[70-1611, added 1969, ch. 55, sec. 69, p. 144.]

§ 70-1612 Purchasing procedures — Contracts

(1) Except as otherwise provided in this section and in section 70-1613, Idaho Code, procurement by port districts shall comply with the provisions of chapter 28, title 67, Idaho Code. In addition to the standards established thereby, a port district may also call for bids on work or material based upon plans and specifications submitted by the bidder.

(2) Should emergency repairs to, or replacements of any equipment or other property owned or operated by any port district, become necessary in order to keep the port from ceasing operations, the port commission may, upon passing a resolution declaring such emergency, cause such repairs or replacements to be made without the necessity of compliance with subsection (1) of this section.

(3) The provisions of subsection (1) of this section shall not apply to the purchase or acquisition of used personal property.

[70-1612, added 1969, ch. 55, sec. 70, p. 144; am. 1980, ch. 211, sec. 1, p. 481; am. 1986, ch. 118, sec. 1, p. 312; am. 1987, ch. 83, sec. 1, p. 157; am. 2005, ch. 213, sec. 41, p. 683.]

§ 70-1613 Notice — Award of contract — Bond

Upon following the procedural steps established by chapter 28, title 67, Idaho Code, for receipt of bids, as modified by provisions of this title, the port commission shall proceed to canvass the bids, and at the proper time thereafter may let the contract upon the bid which the commission determines to be the best responsible bid, whether or not the same be the lowest bid, upon the plans and specifications on file, or the best responsible bid of a bidder submitting his own plans and specifications. If, in the opinion of the commission, all bids are unsatisfactory, they may reject all of them and readvertise, and in such case all such bid proposal deposits shall be returned to the bidders; but, if the contract is let, then all bid proposal deposits shall be returned to the bidders, except that of the successful bidder, which shall be retained until a contract is entered into for the purchase of such material or doing of such work. A bond shall be given to the port district by the successful bidder for the performance of the contract and otherwise conditioned as required by law, with surety satisfactory to the commission, in an amount to be fixed by the commission, but not in any event less than twenty-five percent (25%) of the contract price. If said bidder fails to enter into the contract in accordance with his bid and furnish such bond within ten (10) days from the date on which he is notified that he is the successful bidder, the check or money order and the amount thereof shall be forfeited to the port district, or the port district shall recover the amount of the surety bid bond. In the alternative, a port district may, by passage of a resolution by the board of commissioners, elect to exclusively follow the provisions of chapter 28, title 67, Idaho Code, concerning procurement.

[70-1613, added 1969, ch. 55, sec. 71, p. 144; am. 2005, ch. 213, sec. 42, p. 683.]

§ 70-1614 Leases and contracts without notice or bond

Port districts may enter into leases and contracts of every kind and nature with the United States of America or any of its departments or instrumentalities, the state of Idaho, or of sister states, or any of their departments or instrumentalities or with any municipal, quasi-municipal or public corporation thereof without notice and without requiring such bodies to provide bond to secure the performance thereof.

[70-1614, added 1969, ch. 55, sec. 72, p. 144.]

§ 70-1615 Gifts — Improvement and use

Port commissioners of any port district are hereby authorized to accept for and on behalf of said port district, gifts of real and personal property, to improve the same, and to use the same for all proper port purposes.

[70-1615, added 1969, ch. 55, sec. 73, p. 144.]

§ 70-1616 Lease of property — Performance bond or other financial guaranty

A port district may lease all real and personal property owned or controlled by it, and/or improvements thereon, upon such terms as the port commission deems proper; provided, that no lease shall be for a period longer than fifty (50) years, and each lease of real property shall be secured by a bond, with surety satisfactory to the port commission, or by such other rental insurance or financial guaranty as may be deemed sufficient by the port commission, conditioned to perform the terms of such lease, including the payment in lieu of taxes provided for in this act; provided further, that where the property is held by the district under lease from the United States government or any agency, instrumentality or political subdivision thereof, the port commission may sublease said property, with option for extensions, up to the total term and extensions thereof permitted by such United States lease, but in any event not to exceed ninety (90) years; provided further, that in a lease, the term of which exceeds five (5) years, and when at the option of the port commission it is so stipulated in the lease, the commission shall accept, with surety satisfactory to it, a bond or other such rental insurance or financial guaranty satisfactory to the port commission, conditioned to perform the terms of the lease for some part of the term, in no event less than five (5) years unless the remainder of the unexpired term is less than five (5) years, in which case for the full remainder and in every such case the commission shall require of the lessee, another or other like bond or other rental insurance or financial guaranty to be delivered within two (2) years, and not less than one (1) year prior to the expiration of the period covered by the existing bond, covering an additional part of the term in accordance with the foregoing provisions in respect to the original bond, and so on until the end of the term so that there will always be in force a bond or other rental insurance or financial guaranty securing the performance of the lease, and the penalty in each bond or other rental insurance or financial guaranty shall be not less than the rental for one-half (1/2) the period covered thereby, but no bond or other rental insurance or financial guaranty shall be construed to secure the furnishing of any other bond or other rental insurance or financial guaranty.

[70-1616, added 1969, ch. 55, sec. 74, p. 144; am. 2001, ch. 165, sec. 1, p. 575.]

§ 70-1617 State-owned lands within port area — Development — Lease

The port commissioners shall have full power and authority to improve, use for all port purposes and/or let lands belonging to the state of Idaho within the area encompassed by the port district’s plan of harbor improvement and port development, and/or its plan for industrial development in the same manner and under the same procedure as herein provided for the improvement, use and/or letting of land belonging to the port district provided that such real property is not then being utilized by the state or any legal subdivision or agency thereof, in which case the said rights shall not accrue to the port district until the said real property becomes surplus to such entity; provided further, in case of such leasing, the port commission shall determine which portion of the resulting rental is allocable to the land belonging to the state, and which is allocable to improvements placed, or to be placed, thereon, and that portion allocable to the land shall be paid by the port, as received, to the state treasurer; provided further, should the state question the allocation as made by the port commission, then the matter shall be determined by appraisal, the state and the port district each choosing disinterested appraisers, and the two (2) so chosen choosing a third; the decision of a majority of the appraisers concerning such allocation of rental shall be determinative of the matter, unless the same be modified or changed by the district court of the judicial district in which is situate the city for which the port is named, after hearing upon petition of either body, and after such notice as such court shall direct; provided further, that all bonds given to secure the payment of rentals, and the performance of any such lease, shall be payable jointly to the port district and the state of Idaho as their interest appears, based upon such allocation. Payment by a lessee of the amount of each periodic rental payment set by the port commission upon such property shall discharge such lessee and/or the lessee’s sureties pro tanto from any further liability as to each such rental payment made, and the allocation thereof between such port district and the state shall impose no liability or obligation upon such lessee and/or surety, nor shall any dispute or litigation as to such allocation in any way cause an increase in or otherwise affect the payment to be made by such lessee during the leasehold period.

[70-1617, added 1969, ch. 55, sec. 75, p. 144.]

§ 70-1618 State-owned lands — Acquisition by port districts

Port districts shall have the right to acquire all state-owned real property, whether now owned or hereafter acquired in any manner, including lands reclaimed from the beds of navigable streams as a result of diking or other public improvements, when such real property is within the area encompassed by the port district’s plan of harbor improvement and port development and/or its plan of industrial development, provided that such real property is not then being utilized by the state or any political subdivision or agency thereof, in which case the rights shall not accrue to the port district until the real property becomes surplus to such entity. A port commission desiring to acquire such real property shall so notify the state board of land commissioners, which shall thereupon, after appraisal thereof if deemed necessary, for adequate and valuable consideration, convey such real property to such port district by negotiated or exchange sale, and the provisions of this act, as to such lands, shall be in lieu of the provisions of title 58, Idaho Code.

Provided that sections 70-1617 and 70-1618 shall not apply to any state lands upriver of any highway bridge not having a lift or draw span.

[70-1618, added 1969, ch. 55, sec. 76, p. 178.]

§ 70-1619 Lease of property — Payment in lieu of taxes

If a port commission shall propose to lease any facility owned by the port which would be subject to ad valorem taxes of this state and/or its political subdivisions, if owned by a nonexempt taxpayer, to any legal entity which is not entitled to such tax exemption under the laws of this state, or if any such nonexempt taxpayer shall, at its expense, construct any facility upon land owned by and leased from any such port district, in either event such port district shall first cause such facility to be valued by the assessor of the county in which the facility is situate. The assessor shall value such facility in the same manner as though it were being valued for the purpose of assessment of ad valorem taxes by the county. The assessor shall certify to the commission the amount of such valuation. The tax collector of such county shall, at the request of the commission, certify the amount of ad valorem taxes which would have been paid by a nonexempt taxpayer upon such valuation in the next preceding tax year, which sum is herein referred to as the "lieu tax."

The commission shall add to any payments to be made by any lessee under such lease, the amount of the lieu tax, to be paid annually to the port in addition to all other sums due under such lease. The amount of the lieu tax payment shall remain the same during the original term of such lease.

The proceeds of the lieu tax payment shall be remitted by the commission, forthwith upon their receipt, to the county tax collector, who shall disburse such proceeds to all taxing bodies and/or agencies receiving general ad valorem tax proceeds in any such year, on the same basis as other ad valorem taxes are disbursed.

Upon any extension of the lease, whether by reason of an option contained in such original lease or otherwise, and upon any re-leasing of such land or facility, the facility shall be again valued and certified by such assessor and the new valuation and lieu tax payment determined by the commission in the same manner, and any such extension or re-leasing shall be subject to the annual payment by the lessee of the new lieu tax figure.

All such leases shall be so written that failure of the lessee to pay all such lieu tax moneys prior to the 20th day of December in each year of such lease shall constitute a breach thereof.

The port district shall not be liable for the payment of any such sums if not made by its lessees.

The provisions of this section shall not apply to the letting, leasing or rental by port districts of any structures upon port-owned property, for the purpose of use as a dwelling unit or dwelling units, or for casual or interim use not related to the port district plan of harbor improvement and port development and/or its plan for industrial development, nor to any lease for a term of one (1) year or less.

[70-1619, added 1969, ch. 55, sec. 77, p. 144; am. 1974, ch. 121, sec. 1, p. 1296.]

§ 70-1620 By-product and waste material disposition

If the conduct of any port district function shall result in the production of any fill, waste, or by-product material which would otherwise have belonged to this state, specifically including, but not limited to, sand and gravel from the beds of navigable bodies of water and/or non-navigable bodies of water belonging to this state, the port district may use or sell the same, without regard to any other or conflicting provision of law relating to the ownership, regulation or disposition thereof, and for its lawful purposes, port districts shall have the right to remove sand, gravel and other material and by-products from the beds of navigable bodies of water belonging to the state and/or of non-navigable bodies of water belonging to the state whether now or hereafter submerged or dried up, without the necessity of paying compensation therefor.

[70-1620, added 1969, ch. 55, sec. 78, p. 144.]

Chapter 17 Port Districts — Budget and Fiscal Matters

§ 70-1701 Fiscal year

The fiscal year of all port districts shall begin on the first day of July in each year.

[70-1701, added 1969, ch. 55, sec. 79, p. 144.]

§ 70-1702 Tax levy

The port commission shall, prior to the 13th day of June in each year, determine the tax levy for the next ensuing fiscal year as provided in section 63-803, Idaho Code, which levy for any such year, for all purposes, except the payment of the principal and interest of the general bonded indebtedness of the port, shall not exceed one-tenth percent (.1%) of the market value for assessment purposes on all taxable property in such port district.

[70-1702, added 1969, ch. 55, sec. 80, p. 144; am. 1995, ch. 82, sec. 32, p. 238; am. 1996, ch. 322, sec. 72, p. 1100.]

§ 70-1703 Budget — Hearing

Prior to certifying to the boards of county commissioners as hereinafter provided, the levies made by the port commission, said port commission shall adopt a budget and shall cause to be called and held a public hearing upon such budget.

[70-1703, added 1969, ch. 55, sec. 81, p. 144.]

§ 70-1704 Budget hearing — Notice

Notice of the budget hearing meeting shall be posted at least ten (10) full days prior to the date of said meeting in at least one (1) conspicuous place in each commissioner district to be determined by the commission, a copy of such notice shall also be published in a daily or weekly newspaper published within such district, in one (1) issue thereof, during such ten-day period. The place, hour and day of such hearing shall be specified in said notice, as well as the place where such budget may be examined prior to such hearing. A full and complete copy of such proposed budget shall be published with and as a part of the publication of such notice of hearing.

[70-1704, added 1969, ch. 55, sec. 82, p. 144.]

§ 70-1705 Budget — Inspection

Such budget shall be available for public inspection from and after the date of the posting of notices of hearing as in this act provided, at such place and during such business hours as the commission may direct.

[70-1705, added 1969, ch. 55, sec. 83, p. 144.]

§ 70-1706 Hearing — Petition — Additional election

A quorum of the port commission shall attend such hearing and shall explain the port budget and hear any objections thereto.

In the event the port district levy, excluding any sums levied in connection with any bonded indebtedness of the district, is in excess of three (3) mills, or six hundredths of one per cent (.06%) of market value for assessment purposes, for such fiscal year, and in the further event at such hearing that ten per cent (10%) of the number of electors voting in the area embraced by the port district in the most recent general election shall sign a petition calling for an election on the question of the tax levy which the port commission shall be authorized to make, then, in those events, the commission shall call and hold an election, subject to the provisions of section 34-106, Idaho Code, upon the question of the making of such levy provided that, in no case shall the authority of the port commission to determine and certify such general levy be limited below three (3) mills, or six hundredths of one per cent (.06%) of market value for assessment purposes, in any fiscal year, and such election shall be solely upon the question of any such levy in excess of three (3) mills, or six hundredths of one per cent (.06%) of market value for assessment purposes. At the election the majority of qualified electors voting in the whole port district shall determine whether or not the levy of the port commission in excess of said three (3) mills, or six hundredths of one per cent (.06%) of market value for assessment purposes, shall be certified to said county commissioners. Such levy shall in no event exceed the maximum levy provided in this chapter.

[70-1706, added 1969, ch. 55, sec. 84, p. 144; am. 1995, ch. 118, sec. 110, p. 512.]

§ 70-1707 Tax levy — Certification

When the amount of the levy has been determined, the port commission shall certify the amount of the levy, the date thereof, the year for which the levy has been made or is to be made, which shall be the ensuing port fiscal year, and the name of the port district, to the clerk of the board of county commissioners of each county in which the district exists. Such board of county commissioners shall at the time of making the annual county levies, make a levy upon all of the taxable property in said port district, within its boundaries, not exempt from taxation, which levy shall be the same as determined by the port commission, and shall thereafter certify the same to the county auditor.

[70-1707, added 1969, ch. 55, sec. 85, p. 144; am. 1995, ch. 82, sec. 33, p. 238.]

§ 70-1708 Supplemental and amended budgets

A port commission may adopt by resolution one or more supplemental or amended budgets at any time during the fiscal year. Such supplemental or amended budgets shall be adopted only after public hearing. Notice of such hearing, including a full and complete copy of such proposed amended or supplemental budget, shall be given by a single publication of a notice containing the date, place and hour of the hearing, in a newspaper published in the district. Such publication shall be at least ten (10) days prior to the hearing date.

[70-1708, added 1969, ch. 55, sec. 86, p. 144.]

§ 70-1709 Loans and warrants in anticipation of revenues

Any port commission is hereby authorized after making and certifying any such levy and prior to the receipt of taxes to be raised by levy in any fiscal year, to borrow money or issue warrants of the district in anticipation of the revenues to be derived by such district, and such indebtedness shall be paid and such warrants shall be redeemed from the first moneys available from such taxes when collected.

[70-1709, added 1969, ch. 55, sec. 87, p. 144.]

§ 70-1710 Port funds — Deposit

The port treasurer shall create such funds as the port commissioners shall direct, into which he shall place all receipts of the port district, in such manner and amounts as the port commission shall direct. Any interest which may be collected on any port funds shall belong to such port district and shall be deposited to its credit in the proper funds.

[70-1710, added 1969, ch. 55, sec. 88, p. 144.]

§ 70-1711 Port funds — Investments

The port commission shall have the authority to direct the port treasurer to invest the moneys in any sinking funds or any capital acquisition or improvement funds of the district, as well as any other funds which the commission shall determine to be in excess of its current cash requirements, for the operation and maintanance of the district, in negotiable, general obligation bonds or other evidence of indebtedness of the United States or of this state or any municipal corporation or political subdivision thereof, or in time certificates of deposit from any banking institution of this state, chartered under the laws of the United States of America or of this state, or as provided in section 70-1802. Such investments shall be in lieu of depositing said moneys in the designated depositories as provided by the public depository law. The port treasurer shall likewise reduce such bonds, evidence of indebtedness or certificates of deposit to cash, or substitute other of such securities therefor, as when said port commission may direct.

[70-1711, added 1969, ch. 55, sec. 89, p. 144.]

§ 70-1712 Sinking, capital acquisition, and improvement funds

Each board of port commissioners may provide such sinking fund or sinking funds as may be necessary to give effect to the provisions of this act, and may further provide capital acquisition funds and improvement funds for future capital acquisitions and improvements.

[70-1712, added 1969, ch. 55, sec. 90, p. 144.]

§ 70-1713 Incidental expense fund

Each board of port commissioners may create an incidental expense fund in such amount as the port commission may direct. Such incidental expense fund may be kept and maintained in a bank or banks designated by the commission, and each such depository shall be required to give bonds or securities to the port district for the protection of such incidental expense fund, in the amount of the fund authorized by the commission, if not otherwise secured by Federal Deposit Insurance Corporation insurance coverage. Vouchers may be drawn to reimburse said incidental expense fund and such vouchers shall be approved by the port commission. Incidental expenses of the port district may be paid from said incidental expense fund, without prior approval of the port commission, and all such disbursements therefrom shall be made by check signed by the port manager or other such person as the port commission shall direct. All expenditures from said incidental expense fund shall be itemized in writing to the port commission, at least once per month at a meeting of the commission. The person disbursing said funds shall be required to give bond to the port district in the full authorized amount of said incidental expense fund for the faithful performance of his duties in connection with the disbursement of moneys therefrom.

[70-1713, added 1969, ch. 55, sec. 91, p. 144.]

§ 70-1714 Port funds — Disbursements

Except for the incidental expense fund provided for in this act, funds of the district shall be disbursed only upon order of or voucher approved by the port commission. Such approval may be by approval of a settlement sheet, listing any number of such vouchers and showing the date thereof, the person making claim for disbursement, the purpose of the disbursement in general terms and the amount of the disbursement. Such disbursement shall be by check or draft signed by any two (2) of the following named entities, to-wit: the port district manager or any duly elected, qualified and acting member of the port commission. The signature of one (1) of the port commissioners signing any such check or draft may be by facsimile.

[70-1714, added 1969, ch. 55, sec. 92, p. 144; am. 1971, ch. 58, sec. 1, p. 133.]

§ 70-1715 Port auditor

The port commission shall appoint a port auditor who shall be a certified public accountant of the state of Idaho. The originals of all port vouchers, all canceled checks and drafts, all bank statements and other documents which in the opinion of the port auditor reasonably relate to the financial and fiscal affairs of the district shall be delivered to and held by the port auditor who shall prepare and maintain the books of account of the port district. All such vouchers, checks, drafts, instruments, books of account and records shall be public records and, upon the termination of the appointment of any port auditor, shall be forthwith delivered by such auditor to the port commission. The port auditor shall prepare such financial statements as the port commission shall direct, and not less than once each quarter shall furnish to the port commission a written statement of the receipts and disbursements of the port district for the preceding quarter year, and of all port district funds and accounts, which quarterly statements shall be certified by the port auditor. In addition thereto, the port auditor shall prepare an annual audited financial statement. The port district shall file one (1) copy of each completed audited financial statement with the legislative services office, as provided in section 67-450B, Idaho Code, within nine (9) months after the end of its fiscal year. Within thirty (30) days of the acceptance by the port commission of the annual audited financial statement, the port district shall publish a notice that the audited financial statement is available for review by the public. Such publication shall include a statement that the original of such audited financial statement is on file and may be examined at the office of the port district.

[70-1715, added 1969, ch. 55, sec. 93, p. 144; am. 2015, ch. 57, sec. 1, p. 150.]

§ 70-1716 General obligation bonds — Elections

Each port district may, with the assent of two-thirds (2/3) of the qualified voters of the district voting thereon at a port election called for that purpose, and held subject to the provisions of section 34-106, Idaho Code, contract indebtedness or borrow money for district purposes and may issue general obligation bonds therefor, provided that total indebtedness of the district at any such time, excluding that indebtedness evidenced by revenue bonds, shall not exceed one percent (1%) of the market value for assessment purposes of the taxable property in the district to be ascertained by the last assessment for state and county purposes previous to incurring the indebtedness.

The district may issue general district bonds evidencing any such indebtedness, payable at any time not exceeding thirty (30) years from the date of the bonds.

[70-1716, added 1969, ch. 55, sec. 94, p. 144; am. 1971, ch. 25, sec. 8, p. 61; am. 1980, ch. 350, sec. 27, p. 910; am. 1995, ch. 118, sec. 111, p. 512.]

§ 70-1717 General obligation bonds — Proposition to voters

The proposition submitted to the voters for the authorization of general obligation bonds shall state generally the purposes for which said bonds are to be issued, the maximum effective interest rate to be borne by such bonds, and the maximum number of years within which such bonds shall mature.

[70-1717, added 1969, ch. 55, sec. 95, p. 144; am. 1970, ch. 176, sec. 4, p. 508.]

§ 70-1718 General obligation bonds — Form and terms

Such general obligation bonds shall be in such form, bear such date or dates, mature at such time or times, be in such denominations, bear interest at such rate or rates, be payable at such time or times, be payable at such place or places, be in such form, either coupon or registered or both, carry such registration privileges and be subject to such terms of redemption as the port commission shall by resolution determine. Such bonds shall be executed in the name of the port district by the manual or facsimile signature of the president of the port commission and shall have the seal of the port district impressed, imprinted or reproduced thereon, and attested by the manual or facsimile signature of the secretary of the port commission. One (1) of such signatures must be manual. The coupons appertaining to such bonds shall bear the facsimile signatures of such officials.

[70-1718, added 1969, ch. 55, sec. 96, p. 144; am. 1970, ch. 176, sec. 5, p. 508.]

§ 70-1719 General obligation bonds — Sale

Such general obligation bonds shall be sold in such manner as the port commission shall by resolution direct, either at public or private sale and at a price of not less than par plus accrued interest to date of delivery and payment. The maximum effective interest rate may not exceed the maximum interest rate specified in the proposition authorizing the bonds.

[70-1719, added 1969, ch. 55, sec. 97, p. 144.]

§ 70-1720 General obligation bonds — Refunding

The port commission of any port district may by resolution, without submitting the proposition to the voters, provide for the issuance of general obligation refunding bonds, to refund any outstanding general obligation bonds of the district at or prior to maturity or the first optional redemption date. Such refunding bonds may be issued to refund parts or all of various issues or series of outstanding bonds. The principal amount of the refunding bonds may not exceed the principal amount of the bonds to be refunded. The provisions of this act relating to the form, terms, conditions, covenants, issuance and sale of general obligation bonds shall be applicable to such general obligation refunding bonds.

[70-1720, added 1969, ch. 55, sec. 98, p. 144.]

§ 70-1721 General obligation bonds and refunding bonds — Taxes for payment

The port commission shall cause to be levied annually at the time and in the manner general port district taxes are levied upon all the taxable property within the district, in addition to all other taxes, a tax sufficient with other available funds to enable the district to pay the principal of and interest on such bonds as the same become due. Such taxes shall be levied, assessed, certified, extended and collected by the proper officers and at the times and in the manner other port district taxes are levied, assessed, certified, extended and collected until the principal of and interest on all such bonds shall have been fully paid. All of such taxes so collected shall be credited to a separate port district fund and shall be used solely to pay the principal of and interest on such bonds.

[70-1721, added 1969, ch. 55, sec. 99, p. 144.]

Chapter 18 Port Districts — Revenue Bonds and Warrants

§ 70-1801 Revenue bonds authorized

The port commission of any port district is authorized, for the purpose of carrying out the lawful powers granted port districts by the laws of the state, to contract indebtedness and to issue revenue bonds evidencing such indebtedness in conformity with this act.

[70-1801, added 1969, ch. 55, sec. 100, p. 144.]

§ 70-1802 Revenue bonds — Purposes

All such revenue bonds authorized under the terms of this act may be issued and sold by the port district from time to time and in such amounts as is deemed necessary by the port commission to provide sufficient funds for the carrying out of all port district powers and, without limiting the generality thereof, shall include the following: acquisition, construction, reconstruction, maintenance, repair and operation of industrial and economic development facilities and port properties and facilities, including the cost thereof, engineering, inspection, accounting, fiscal and legal expenses, the cost of issuance of bonds, including printing, engraving and advertising and other similar expenses, the establishment of bond reserves, and the payment of interest on bonds issued for any project during the period of actual construction and for not exceeding twelve (12) months after the completion thereof.

[70-1802, added 1969, ch. 55, sec. 101, p. 144; am. 2001, ch. 189, sec. 3, p. 653.]

§ 70-1803 Revenue bonds — Terms — Interest rate

Such revenue bonds shall bear such date or dates, mature at such time or times, be in such denominations, bear interest at a rate or rates, payable at such time or times, be payable at such place or places, be in such form either coupon or registered or both, carry such registration privileges and be subject to such terms of redemption as the port commission shall by resolution determine.

[70-1803, added 1969, ch. 55, sec. 102, p. 144; am. 1970, ch. 133, sec. 22, p. 309.]

§ 70-1804 Revenue bonds — Sources of payment — Sinking funds — Negotiable instruments

Bonds issued under the provisions of this act shall be payable solely out of revenues of the port district other than those revenues derived from ad valorem taxes. Such bonds shall be authorized by resolution of the port commission, which resolution shall create a special fund or funds into which the port commission shall obligate and bind the port district to set aside and pay any part or parts of, or all of, or a fixed proportion of, or a fixed amount of the gross revenue of the port district sufficient to pay the principal of and interest on such bonds as the same shall become due and, if deemed necessary, to maintain adequate reserves therefor. Such fund or funds shall be drawn upon for the sole purpose of paying the principal of and interest on bonds issued pursuant to this act.

The bonds shall be negotiable instruments within the provisions and intent of the laws of this state even though they shall be payable solely from such special fund or funds, and the ad valorem tax revenue of the port district may not be used to pay, secure or guarantee the payment of the principal of an interest on such bonds. The bonds and any coupons attached thereto shall state upon their face that they are payable solely from such special fund or funds. If the port commission fails to set aside and pay into such fund or funds the payment provided for in such resolution, the holder of any such bonds may bring suit to compel compliance with the provisions of the resolution.

[70-1804, added 1969, ch. 55, sec. 103, p. 144.]

§ 70-1805 Revenue bonds — Covenants and conditions — Trustees

The port commission may provide such covenants as it may deem necessary to secure and guarantee the payment of the principal of and interest on such bonds, including, but not limited to, covenants to create reserve accounts and to authorize the deposit of certain moneys therein for the purpose of securing and guaranteeing the payment of such principal and interest, to establish, maintain and collect tariffs, rates, charges, fees, rentals and sales prices sufficient to pay and guarantee the payment of such principal and interest and to maintain an adequate coverage over annual debt service, to appoint a state or national bank or trust company as trustee for the bondholders to hold, invest and disburse moneys set aside and pledged to pay and guarantee the payment of such bonds and/or as trustee for the safeguarding and disbursing of the proceeds of the sale of such bonds, to fix such powers and duties of such trustee or trustees as may be found necessary to carry out the purposes of this act, and to make any and all other covenants not inconsistent with the provisions of this act which in the judgment of the port commission will increase the marketability of such bonds. The port commission may also provide that revenue bonds payable out of the same source or sources may be later issued on a parity with any revenue bonds being issued and sold. The provisions of this act and any resolution or resolutions providing for the authorization, issuance and sale of such bonds, shall constitute a contract with the holders of such bonds and the provisions thereof shall be enforceable by any owner or holder of such bonds by mandamus or any appropriate suit, action or proceeding at law and equity in any court of competent jurisdiction.

[70-1805, added 1969, ch. 55, sec. 104, p. 144.]

§ 70-1806 Revenue bonds — Signing and sealing — Interest coupons — Sale

Such bonds shall be signed on behalf of the port district by the president of the port commission and shall be attested by the secretary of the port commission, one (1) of which signatures may be a facsimile signature, and shall have the seal or facsimile seal of the port district impressed thereon. All interest coupons attached thereto shall be signed with the facsimile signatures of said officials. Such bonds shall be sold in the manner and at such price as the port district shall deem advisable, either at public or private sale.

[70-1806, added 1969, ch. 55, sec. 105, p. 144.]

§ 70-1807 Revenue warrants — Terms and covenants

Port districts may also issue revenue warrants for the same purposes for which they may issue revenue bonds and the provisions of this act relating to the terms, conditions, covenants, issuance and sale of revenue bonds shall be applicable to such revenue warrants.

[70-1807, added 1969, ch. 55, sec. 106, p. 144.]

§ 70-1808 Funding or refunding bonds

The port commission of any port district may by resolution, from time to time provide for the issuance of funding or refunding revenue bonds to fund or refund any outstanding revenue or other warrants, bonds, and any premiums thereon, and coupons evidencing interest upon any such bonds at or before the maturity or first optional redemption date of such coupons, warrants or bonds, and may combine various outstanding revenue warrants and parts or all of various series and issues of outstanding revenue bonds and matured coupons in the amount thereof to be funded or refunded.

The port commission shall create a special fund for the sole purpose of paying the principal of and interest on such funding or refunding revenue bonds, into which fund the commission shall obligate and bind the port district to set aside and pay any part or parts of, or all of, or a fixed proportion of, or a fixed amount of the gross revenue of the port district sufficient to pay such principal and interest as the same shall become due, and if deemed necessary to maintain adequate reserves therefor.

Such funding or refunding bonds shall be negotiable instruments within the provisions and intent of the laws of this state, and the tax revenue of the port district may not be used to pay, secure, or guarantee the payment of the principal of and interest on such bonds.

The port district may exchange such funding or refunding bonds for the warrants, bonds, and coupons being funded or refunded, or it may sell such funding or refunding bonds in the manner and at such price as the port commission shall deem to be for the best interest of the district and its inhabitants, either at public or private sale.

The provisions of this act relating to the terms, conditions, covenants, issuance, and sale of revenue bonds shall be applicable to such funding or refunding bonds except as may be otherwise specifically provided in this section.

[70-1808, added 1969, ch. 55, sec. 107, p. 144; am. 2001, ch. 164, sec. 1, p. 574.]

§ 70-1809 Construction of revenue bond and warrant provisions

This act shall be complete authority for the issuance of the revenue bonds and warrants hereby authorized, and shall be liberally construed to accomplish its purposes. Any restrictions, limitations or regulations relative to the issuance of such bonds or warrants contained in any other act shall not apply to the revenue bonds or warrants issued under this act. Any laws inconsistent herewith shall be deemed modified to conform with the provisions of this act for the purpose of this act only.

[70-1809, added 1969, ch. 55, sec. 108, p. 144.]

Chapter 19 Industrial Development Districts in Port Districts

§ 70-1901 Industrial development districts authorized — Notice — Hearing

A port commission may, after a public hearing thereon, notice of which shall be published in a daily newspaper of general circulation in the port district at least once a week for two (2) successive weeks, create industrial development districts within the port district and define the boundaries thereof, if it finds that the creation of such industrial development district is proper and desirable in furthering industrial development in such port district, and/or for urban renewal therein.

[70-1901, added 1969, ch. 55, sec. 109, p. 144.]

§ 70-1902 Tax-title lands conveyed to port district

Any lands in an industrial development district acquired by the county as a result of delinquent taxes may, at the request of the port commission, be conveyed by the county commissioners to the port district either gratuitously or for the amount of the delinquent taxes, penalties and interest accrued against said land, as the county commissioners shall determine. From and after such conveyance, title to said property shall repose in the port district, its successors or assigns. Nothing in this section shall prevent such county commissioners from granting or selling such lands to any other municipality or public body which may make application therefor.

[70-1902, added 1969, ch. 55, sec. 110, p. 144.]

§ 70-1903 Private lands

Port districts may acquire privately owned property within such industrial development district and, if necessary, exercise the right of eminent domain in securing the same, in the same manner as in this act provided for the acquisition by port districts of other properties by eminent domain, provided, however, that such right of eminent domain for such industrial development district purposes shall not be exercised as to lands lying further than three-quarters (3/4) of one (1) mile from the water edge of the slack water pool within such port district, created by any downriver dam; provided, further, that notwithstanding any other provisions of the port district law, neither a port district nor an industrial development district shall have power to acquire by eminent domain any existing and operating railroad facilities, without first securing from the public utilities commission a certificate that such acquisition is necessary for the public convenience and necessity.

[70-1903, added 1969, ch. 55, sec. 111, p. 144; am. 1970, ch. 3, sec. 1, p. 4.]

§ 70-1904 Adoption of plan

No expenditure for acquisition or improvement of property in an industrial development district shall be made by a port district until a comprehensive plan for such industrial development shall have been adopted by the port commission in the same manner, and upon the same notice as provided in this act for the adoption of a comprehensive plan of harbor improvement and port development; provided that, moneys may be expended prior to the adoption of such plan for studies, preliminary engineering, and the planning of such industrial development district, either separately, or in connection with other studies and engineering of the district, and either by the district alone or in connection with other federal or state agencies or instrumentalities.

Recognizing that it will be necessary that port districts engage in long-range planning, and that it will normally be necessary to alter such plan from time to time, such plan need only be in general terms.

[70-1904, added 1969, ch. 55, sec. 112, p. 144.]

§ 70-1905 Improvements to follow plan adopted

When such general plan shall have been adopted as provided in section 70-1904, improvements to by made by such commission in such industrial development district shall be made substantially in accordance therewith unless and until such general plan shall have been officially amended, modified or changed by the port commission.

[70-1905, added 1969, ch. 55, sec. 113, p. 144.]

§ 70-1906 Amendment, modification or change of plan

Such plan may be amended, modified or changed by the port commission at any time, after a public hearing thereon, notice of which shall be given in the same manner as is notice for the adoption of such plan, and such plan as amended, modified or changed shall be and remain the district’s plan for such industrial development district, until the same shall again be amended, modified or changed by the port commission in the same manner.

[70-1906, added 1969, ch. 55, sec. 114, p. 144.]

§ 70-1907 Industrial development districts — Powers

All port districts wherein industrial development districts have been established are authorized and empowered to acquire by purchase or condemnation or both, all lands, property and property rights necessary for the development and improvement of such industrial development district; to exercise the right of eminent domain, subject to the provisions of section 70-1903, in the acquirement or damaging of all lands, property and property rights; to levy and collect assessments upon property and to expend its funds for the payment of all damages and compensation in acquiring such property and/or in carrying out the plan for which said industrial development district has been created; to develop and improve the lands within such industrial development district to make the same suitable and available for industrial uses and purposes; to dredge, bulkhead, fill, grade, and protect such property; to provide for water, light, power and fire protection facilities and services, streets, roads, bridges, highways, waterways, tracks and rail and water improvements; to execute leases of such land or property or any part thereof; and generally to exercise with respect to and within such industrial development districts all the power now or hereafter conferred by law upon port districts.

[70-1907, added 1969, ch. 55, sec. 115, p. 144.]

§ 70-1908 Industrial development districts — Sale or exchange of property

When a port commission deems it for the best interests of the district and the people thereof and in furtherance of its general plan of harbor improvement and port development or its plan of industrial development, or both, it may, sell, convey or exchange with or without additional consideration, any property, or part thereof, owned by it within an industrial development district. This section shall not be limited by any other or inconsistent provisions of this act.

[70-1908, added 1969, ch. 55, sec. 116, p. 144.]

§ 70-1909 Sale — Notice — Hearing

Prior to any such sale, or to any such exchange, the port commission shall hold a hearing thereon, for the purpose of hearing any objections thereto, and shall give notice of such hearing by publication in a newspaper within the port district at least once a week for two (2) successive weeks prior to such hearing.

The notice shall describe the property to be sold or exchanged, and state generally the terms of sale or exchange, and shall state the time and place of hearing thereon.

[70-1909, added 1969, ch. 55, sec. 117, p. 144.]

§ 70-1910 Determination concerning sale or exchange

Within three (3) days after the hearing the commission shall make its findings and determination on the advisability of making the sale or exchange, and enter its determination in its records, which determination, in the absence of a showing of fraudulent, capricious or arbitrary action, or of bad faith on the part of the commission, shall be conclusive.

[70-1910, added 1969, ch. 55, sec. 118, p. 144.]

§ 70-1911 Sale — Contract or bid

Any such sale may be by private agreement between the port district and the prospective purchaser or upon bid upon such terms as the port commission may direct.

[70-1911, added 1969, ch. 55, sec. 119, p. 144.]

§ 70-1912 Sale — Plans for development

Prior to the conveyance of such land, the port commission shall require the purchaser to file with the commission a plan, stating in detail the use such purchaser intends to make of such land. The commission may require such purchaser to file additional information as to such intended use and may require of him security as assurance that the property will be used for that purpose.

[70-1912, added 1969, ch. 55, sec. 120, p. 144.]

§ 70-1913 Covenants as to use — Forfeiture

The commission may, in securing any such bids, or in selling, exchanging or conveying any such property, specify conditions to be placed in the commission’s instrument of conveyance of such property, and thereafter place such condition in such instrument, as covenants running with the land. Any violation of such covenants may result in a right by the port commission to cancel said conveyance and retake said property free and clear of any claim of the purchaser, when such instrument so provides.

[70-1913, added 1969, ch. 55, sec. 121, p. 144.]

Chapter 20 Port Districts — Miscellaneous Provisions

§ 70-2001 Liberal construction

The rules of strict construction shall have no application to the provisions of this act concerning port districts, but the same shall be liberally construed in all respects in order to fully and effectively carry out the purposes and objects for which port districts are authorized.

[70-2001, added 1969, ch. 55, sec. 122, p. 144.]

§ 70-2002 Actions under previous laws ratified

The acts and proceedings of all port districts under the laws in effect prior to the effective date of this act are hereby ratified and approved, and shall remain in full force and effect until the further action of such port district.

[70-2002, added 1969, ch. 55, sec. 123, p. 144.]

§ 70-2003 Port-owned property not subject to taxation

All property acquired by port districts for any purpose shall forthwith, upon such acquisition, be removed by the county assessor from the tax rolls of the county, and shall not be subject to taxation by any municipal corporation, political subdivision or instrumentality of this state.

[70-2003, added 1969, ch. 55, sec. 124, p. 144.]

§ 70-2004 Short title

This act may be cited as the "Port District Law."

[70-2004, added 1969, ch. 55, sec. 127, p. 144.]

Chapter 21 Idaho Port District Economic Development Financing Act

§ 70-2101 Short title

This act may be referred to and cited as the "Idaho Port District Economic Development Financing Act."

[70-2101, added 1981, ch. 228, sec. 1, p. 458.]

§ 70-2102 Declaration of necessity and purpose — Liberal construction

(1) The legislature of the state of Idaho hereby finds:

(a) That lack of sufficient employment opportunities in port districts seriously endangers the public health and welfare;

(b) That there is a need to encourage the acquisition, construction, installation or equipping of economic development facilities which will increase or maintain employment opportunities in port districts;

(c) That it is desirable to provide methods of financing the costs of acquiring, constructing, installing and equipping of economic development facilities which will increase or maintain employment opportunities in port districts; and

(d) That the method of financing provided in this act is therefore in the public interest and serves a public purpose in protecting and promoting the health and welfare of the citizens of this state by encouraging the acquisition, construction, installation or equipping of economic development facilities to increase or maintain employment opportunities in port districts.

(2) It is the purpose of this act to authorize port districts to finance, acquire, construct, install, equip, own, lease and sell economic development facilities located in port districts to be financed for, or to be sold, leased or otherwise disposed of to persons other than municipal corporations or other political subdivisions, to the end that port districts may be able to promote the health and welfare of the people of this state; it is not intended by this act that any port district shall itself be authorized to operate any industrial or commercial enterprise or any such economic development facilities.

(3) This act shall be liberally construed to accomplish the intentions expressed herein.

[70-2102, added 1981, ch. 228, sec. 1, p. 458.]

§ 70-2103 Definitions

In this act, unless the context otherwise clearly requires, the terms used herein shall have the meanings ascribed to them as follows:

(1) "Commission" means the port commission of any port district.

(2) "Person" means any individual, partnership, copartnership, firm, company, corporation (including public utilities), association, joint stock company, trust, estate, or any other legal entity, or their legal representatives, agents or assigns, other than municipal corporations or other political subdivisions.

(3) "Port district" means any port district of the state of Idaho.

(4) "Finance" or "financing" means the issuing of revenue bonds pursuant to authority herein contained by a port district for the purpose of using substantially all of the proceeds to pay all or any part of project costs or to reimburse any person for all or any part of project costs; provided, that title to or in any project so financed may at all times remain in a person other than the port district and in such case the revenue bonds of the port district shall be secured by a pledge of one or more notes, debentures, bonds or other obligations of such person.

(5) "Project" includes economic development facilities consisting of any properties, real or personal including, without limitation, any land, interest in land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment or any combination thereof, and all real and personal property deemed necessary therewith, located within the port district, used or useful in connection with a revenue-producing enterprise, having to do with or the end purpose of which is increasing or maintaining employment in the port district, and compatible with the purposes for which the port district was established.

(6) "Project costs" as applied to any project financed under the provisions of this act mean and include all or any part of the sum total of all reasonable or necessary costs incidental to the acquisition, construction, installation and equipping of such project including, without limitation, the cost of studies and surveys; plans, specifications, architectural and engineering services; legal, organization, marketing or other special services; financing, acquisition, demolition, construction, equipment and site development of new and rehabilitated buildings; rehabilitation, reconstruction, repair or remodeling of existing buildings and all other necessary and incidental expenses including an initial principal and interest reserve together with interest on revenue bonds issued to finance such project to a date six (6) months subsequent to the estimated date of completion.

[70-2103, added 1981, ch. 228, sec. 1, p. 458.]

§ 70-2104 Powers

Each port district shall have the following powers together with all powers incidental thereto or necessary for the performance thereof:

(1) To determine the location of any project, whether upon real estate owned by the port district or by any person, and the manner of construction of any project to be financed under the provisions of this act, and to acquire, construct, install, equip, own, finance, lease, sell, mortgage and dispose of the same, to enter into contracts for any and all of such purposes, to designate a person as its agent to determine the location and manner of construction of a project undertaken by such person under the provisions of this act and as agent of the port district, to acquire, construct, install, equip, own, lease, sell, mortgage and dispose of the same and to enter into contracts for any and all of such purposes;

(2) To lease or sell a project to any person upon such terms and conditions as the commission shall deem proper, and to charge and collect rent or other payments therefor and to terminate any such lease or sales agreement upon the failure of the lessee or other contracting party to comply with any of the obligations thereof; and to include in any such lease, if desired, provisions that the lessee thereof shall have options to renew the term of the lease for such period or periods and at such rent as shall be determined by the commission and/or to purchase such project for a nominal amount or otherwise or that at or prior to the payment of all of the revenue bonds issued by the port district for the financing of such project the port district may convey all or any portion of such project to the lessee or lessees thereof with or without consideration;

(3) To issue revenue bonds to finance the acquisition, construction, installation and equipping of a project and to refund such bonds, all as provided for in this act;

(4) Generally to fix and revise from time to time and charge and collect rates, rents, fees and charges for the use of and services furnished or to be furnished by any project or any portion thereof and to contract with any person or other body public or private in respect thereof;

(5) To employ consulting engineers, architects, attorneys, accountants, construction and financial experts, superintendents, managers and such other employees and agents as may be necessary in its judgment and to fix their compensation;

(6) To refund outstanding obligations incurred by any person to finance the cost of a project including obligations incurred for projects undertaken and completed prior to or after the enactment of this act when the commission finds that such financing is in the public interest;

(7) To receive and to pledge as security for the payment of any bonds issued hereunder, any lease, purchase agreement, financing agreement, note, debenture, bond or other obligation by or on behalf of any person, and any revenues and receipts payable to the port district thereunder;

(8) To make loans to any person for the purpose of paying or reimbursing project costs in accordance with an agreement between the port district and such person; and

(9) To do all things necessary and convenient to carry out the purposes of this act.

No port district shall have power under the provisions of this act to operate any project as a business other than as a lessor or vendor.

[70-2104, added 1981, ch. 228, sec. 1, p. 459.]

§ 70-2105 Conflict of interest

In the event a member of a commission is the person or is an officer, partner, employee, stockholder or beneficiary, in the case of a trust, of the person with whom the port district proposes to contract under the provisions of this act with respect to the acquisition and financing of a project and the issuance of revenue bonds, such member shall disclose such status and interest to the commission at a public meeting and shall abstain from voting on all matters before the commission related thereto.

[70-2105, added 1981, ch. 228, sec. 1, p. 460.]

§ 70-2106 Bonds

All revenue bonds authorized to be issued hereunder may be issued as serial bonds or as term bonds or a combination of both types. All revenue bonds so issued shall be payable solely out of the revenues and receipts derived by the port district from the project provided with the proceeds thereof as may be designated in the proceedings of the commission under which the revenue bonds shall be authorized to be issued, provided that such revenue bonds shall not be secured by the full faith and credit or the taxing power of the state of Idaho, any port district or any other political subdivision of the state of Idaho, and such limitation shall be plainly printed on the face of each such revenue bond. Such revenue bonds may be executed and delivered by the port district at any time and from time to time in such amounts, may be in such form and denominations and of such terms and maturities, may be in fully registered form or in bearer form registrable either as to principal or interest or both, may bear such conversion privileges and be payable in such installments and at such time or times not exceeding forty (40) years from the date thereof, may be payable at such time or times and at such place or places whether within or without the state of Idaho and evidenced in such manner, may bear interest at such rate or rates per annum without regard to any interest rate limitation appearing in any other law, may be executed by the manual or facsimile signatures of such officers of the port district, and may contain such provisions not inconsistent herewith, all as shall be provided in the proceedings of the commission under which the revenue bonds shall be authorized to be issued. If deemed advisable by the commission there may be retained in the proceedings under which any such revenue bonds are authorized to be issued an option to redeem all or any part thereof as may be specified in such proceedings, at such price or prices and after such notice or notices and on such terms and conditions as may be set forth in such proceedings, but nothing herein contained shall be construed to confer on any port district the right or option to redeem any such revenue bonds except as may be provided in the proceedings under which they shall be issued. Any revenue bonds issued hereunder may be sold at public or private sale for such price and in such manner and from time to time as may be determined by the commission, and the port district may pay, but solely and only from the proceeds of any such revenue bonds, all expenses, premiums, and commissions which the commission may deem necessary or advantageous in connection with the issuance thereof. Issuance by any port district of one or more series of revenue bonds for one or more purposes under this act shall not preclude it from issuing other revenue bonds in connection with the same project or any other project or for any other purpose hereunder, but the proceedings whereunder any subsequent bonds may be issued shall recognize and protect any prior pledge made for any prior issue of revenue bonds. Any revenue bonds issued hereunder at any time outstanding may at any time and from time to time be refunded by the issuance of refunding bonds in such amount as the commission may deem necessary but not exceeding an amount sufficient to refund the principal of the bonds so to be refunded, together with any unpaid interest thereon and any premiums, commissions, service fees and other expenses necessary to be paid in connection therewith. Any such refunding may be effected whether the bonds to be refunded shall have matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof for the payment of the bonds to be refunded thereby, or by the exchange of the refunding bonds for the bonds to be refunded thereby with the consent of the holders of the bonds so to be refunded, and regardless of whether or not the bonds to be refunded were issued in connection with the same project or separate projects or for any other purpose hereunder, and regardless of whether or not the revenue bonds proposed to be refunded shall be payable on the same date or different dates or shall be due serially or otherwise. All such revenue bonds and the interest coupons applicable thereto, if any, are hereby made and shall be construed to be negotiable instruments.

[70-2106, added 1981, ch. 228, sec. 1, p. 460.]

§ 70-2107 Publication of proceedings — Contest period

The resolution authorizing the issuance of any revenue bonds hereunder and the execution of an indenture as security therefor shall be published one (1) time in a newspaper of general circulation in the port district. Any such indenture, or other instrument authorized in such resolution to be executed, may be incorporated as an exhibit to such resolution but need not be published as part of the resolution. For a period of thirty (30) days from the date of such publication any person in interest may file suit in any court of competent jurisdiction to contest the regularity, formality or legality of the proceedings authorizing the revenue bonds, or the legality of such resolution and its provisions or of the revenue bonds to be issued pursuant thereto and the provisions securing the revenue bonds. After the expiration of such thirty (30) day period no one shall have any right of action to contest the validity of the revenue bonds or of such proceedings or of such resolution or the validity of the pledges and covenants made in such proceedings and resolution and the revenue bonds and the provisions for their payment shall be conclusively presumed to be legal and no court shall thereafter have authority to inquire into such matters.

[70-2107, added 1981, ch. 228, sec. 1, p. 462.]

§ 70-2108 Security for revenue bonds

The principal, interest and premium, if any, on any revenue bonds issued hereunder shall be secured by a pledge of the revenues and receipts out of which the same shall be made payable and may also be payable out of proceeds from the sale of the project acquired with proceeds of such revenue bonds, but shall not be secured by the full faith and credit or the taxing power of the state of Idaho, any port district or any other political subdivision of the state of Idaho. The resolution under which the revenue bonds are authorized to be issued and any indenture executed as security for the revenue bonds may contain any agreements and provisions respecting the maintenance of the properties covered thereby, the fixing and collection of rents for any portions thereof leased by the port district to others, the creation and maintenance of special funds, and the rights and remedies available in the event of default, including the designation of a trustee, which may be a bank or trust company, the principal place of business of which may be within or without the state of Idaho, all as the commission shall deem advisable and not in conflict with the provisions hereof. The pledge of the revenues and receipts to pay the principal, interest and premium, if any, on revenue bonds issued hereunder shall be valid and binding from the time when the agreement or the proceedings creating such pledge became binding upon the port district. The revenues and receipts so pledged and thereafter received by the port district shall immediately be subject to the lien of such pledge without any physical delivery of any lease, purchase agreement, financing agreement, note, debenture, bond or other obligation pursuant to which such revenues and receipts are payable to the port district, or any other act except that the proceedings or agreement by which such pledge is created shall be recorded in the records of the port district. The proceedings or agreement by which such pledge is created or a financing statement need not be filed or recorded under the uniform commercial code, or otherwise, except in the records of the port district as provided above. The lien of any such pledge shall be valid and binding and shall have priority as against all parties having claims of any kind in tort, contract or otherwise against the port district, irrespective of whether such parties have notice thereof. Each pledge and agreement made for the benefit or security of any of the revenue bonds issued hereunder shall continue effective until the principal, interest and premium, if any, on the revenue bonds for the benefit of which the same were made shall have been fully paid or provision for such payment duly made. In the event of default in such payment or in any agreement of the port district made as a part of the contract under which the revenue bonds were issued, whether contained in the proceedings authorizing the revenue bonds or in any indenture executed as security therefor, said payment or agreement may be enforced by suit, mandamus or the appointment of a receiver in equity, or any one or more of said remedies.

[70-2108, added 1981, ch. 228, sec. 1, p. 462.]

§ 70-2109 Payment of revenue bonds — Nonliability of state and political subdivisions

Revenue bonds passed under the provisions of this act shall not be deemed to constitute a debt or liability of the state of Idaho, any port district or any other political subdivision of the state of Idaho, but shall be payable solely from the funds herein provided therefor. The issuance of revenue bonds under the provisions of this act shall not, directly or indirectly or contingently, obligate the state of Idaho, any port district or any other political subdivision of the state of Idaho to levy any form of taxation therefor or to make any appropriation for their payment. Nothing in this act shall be construed to authorize the creation of a debt of the state of Idaho or of the port district authorizing the issuance of such revenue bonds within the meaning of the constitution or statutes of the state of Idaho. All revenue bonds issued pursuant to the provisions of this act are payable and shall state that they are payable solely from the funds pledged for their payment in accordance with the resolution authorizing their issuance or in any indenture executed as security therefor, and that such revenue bonds are not secured by the full faith and credit or the taxing power of the state of Idaho, any port district or any other political subdivision of the state of Idaho. Neither the state nor the port district authorizing the issuance thereof shall in any event be liable for the payment of the principal, interest or premium, if any, on any such revenue bonds. No breach of any such pledge, obligation or agreement may impose any pecuniary liability upon the state or the port district authorizing the issuance thereof or any charge upon their general credit or against their taxing power.

[70-2109, added 1981, ch. 228, sec. 1, p. 463.]

§ 70-2110 Taxation

To the extent permitted by the constitution, the property acquired by any port district pursuant to this act is exempt from taxation, except that during any period that such property is leased by a port district under a lease, or title thereto is retained by a port district under an installment purchase contract, taxes shall be payable to the same extent as if it were owned by such lessee or installment purchaser and such taxes shall be paid by such lessee or installment purchaser.

[70-2110, added 1981, ch. 228, sec. 1, p. 464.]

§ 70-2111 Conveyance of title to lessee

At or prior to the time the principal, interest and premium, if any, on any revenue bonds issued hereunder to provide a particular project have been fully paid, the port district may execute such deeds and conveyances as are necessary and required to convey its right, title and interest in such project to any person, provided that if such conveyance is made prior to when the revenue bonds are fully paid, the port district has determined that adequate provision has been made for the payment of the principal, interest and premium, if any, on the bonds as they become due.

[70-2111, added 1981, ch. 228, sec. 1, p. 464.]

§ 70-2112 Powers not restricted — Law complete in itself

Neither this act nor anything herein contained shall be construed as a restriction or limitation upon any powers which any port district might otherwise have under any laws of the state of Idaho, but shall be construed as cumulative of any such powers. No proceedings, notice or approval shall be required for the issuance of any revenue bonds or any instrument as security therefor, except that no revenue bonds shall be issued hereunder until the commission shall by resolution adopted by a majority of the commission determine that the project to be financed with the proceeds of said revenue bonds will increase or maintain employment opportunities in the port district issuing said revenue bonds. The resolution containing the declaration of public interest or necessity herein required, shall recite the objects and purposes for which the revenue bonds are proposed to be issued, the amount of principal of the revenue bonds, and the source of revenues pledged to the payment of said bonds.

[70-2112. added 1981, ch. 228, sec. 1, p. 464.]

§ 70-2113 Investment of funds

Each port district issuing revenue bonds hereunder may invest any funds received in connection therewith in bonds, notes, certificates of indebtedness, treasury bills or other securities constituting direct obligations of the United States of America; in certificates of deposit or time deposits constituting direct obligations of any bank as defined by the Idaho bank act, provided, however, that investments may be made only in those certificates of deposit or time deposits in banks which are insured by the federal deposit insurance corporation, if then in existence; or in short term discount obligations of the federal national mortgage association. Any such securities may be purchased at the offering or market price thereof at the time of such purchase.

[70-2113, added 1981, ch. 228, sec. 1, p. 464.]

§ 70-2114 Bonds eligible for investment

The state of Idaho and all counties, cities, port districts and other municipal corporations, political subdivisions and public bodies, and public officers of any thereof, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, insurance companies and associations, and all executors, administrators, guardians, trustees and other fiduciaries may legally invest any sinking funds, moneys or other funds belonging to them or within their control in any revenue bonds issued pursuant to this act.

[70-2114, added 1981, ch. 228, sec. 1, p. 464.]

§ 70-2115 Exemption from public buildings construction and bidding requirements

A project is not subject to any requirements relating to public buildings, structures, grounds, works, or improvements imposed by the Idaho Code, or any other similar requirements which may be lawfully waived by this section, and any requirement of competitive bidding or other restriction imposed on the procedure for award of contracts for such purpose or the lease, sale, or other disposition of property of any port district is not applicable to any action taken under authority of this act.

[70-2115, added 1981, ch. 228, sec. 1, p. 465.]

§ 70-2116 Tax exemption

Any bonds issued under the provisions of this act, their transfer, and income therefrom, including any interest paid or payable thereon and profit made on the sale thereof, shall be exempt at all times from all taxation in the state of Idaho.

[70-2116, added 1981, ch. 228, sec. 1, p. 465.]

§ 70-2117 Severability

If any one or more sections or provisions of this act, or the application thereof to any person (including municipal corporations and political subdivisions) or circumstance, shall ever be held by any court of competent jurisdiction to be invalid, the remaining provisions of this act and the application thereof to persons (including municipal corporations and political subdivisions) or circumstances other than those to which it is held to be invalid shall not be affected thereby, it being the intention of the legislature to enact the remaining provisions of this act notwithstanding such invalidity.

[70-2117, added 1981, ch. 228, sec. 1, p. 465.]

Chapter 22 County-Based or City-Based Intermodal Commerce Authority

§ 70-2201 County-based or city-based intermodal commerce authority authorized

A county-based or city-based intermodal commerce authority, hereinafter referred to as the intermodal authority, is hereby authorized to acquire, construct, maintain, operate, develop and regulate rail, truck, and other on-land transfer and terminal facilities, buildings, warehouses and storage facilities, utility services facilities, manufacturing, industrial and economic development facilities and services, reasonably incident to a modern, efficient and competitive land-based port, and may be established according to this chapter in any county or incorporated city.

[70-2201, added 2004, ch. 353, sec. 1, p. 1053; am. 2011, ch. 37, sec. 2, p. 87; am. 2025, ch. 217, sec. 1, p. 1025.]

§ 70-2202 Purpose — Public and government functions

The purposes of a county-based or city-based intermodal authority are to:

(1) Promote, stimulate and advance the commerce, economic development, and prosperity of its jurisdiction and of the state;

(2) Endeavor to increase the volume of commerce within the jurisdiction of the county or city through planning, advertising, acquisition, establishment, development, construction, improvement, maintenance, operation, regulation, and protection of transportation, storage, and other facilities that promote economic handling of commerce;

(3) Cooperate and act in conjunction with other organizations, either public or private, in the development of commerce, industry, manufacturing, services, natural resources, agriculture, livestock, recreation, and other economic activity in the state; and

(4) Support the creation, expansion, modernization, retention, and relocation of new and existing businesses and industries, and assist in and support the growth of all kinds of economic activity that will tend to promote commerce and business development, maintain the economic stability and prosperity of its jurisdiction and of the state.

[70-2202, added 2004, ch. 353, sec. 1, p. 1053; am. 2011, ch. 37, sec. 3, p. 88.]

§ 70-2203 Establishment and abolishment

(1) There is hereby created in each county and incorporated city an independent public body, corporate and politic, to be known as an intermodal commerce authority.

(2) No intermodal commerce authority and no county or city shall exercise the authority hereafter conferred by this chapter until after the county commissioners or city council members, after a public hearing, have adopted a resolution finding that:

(a) There are conditions in the county or city which will be benefited by the intermodal commerce authority to further the purposes set forth in section 70-2202, Idaho Code; and

(b) The county commissioners or city council members have reason to believe that the citizens of the county or city are supportive of the intermodal commerce authority.

(3) Upon the county or city making the findings set forth in subsection (2) of this section, the intermodal commerce authority is authorized to transact the business and exercise the powers hereunder by a board of commissioners to be appointed or designated as provided in section 70-2204, Idaho Code.

(4) After the establishment of an intermodal authority, any county or city may by resolution or ordinance, after a public hearing, abolish the intermodal authority provided that the payment of any bonds or other obligations of the intermodal authority shall not be adversely affected by such action.

(5) Notwithstanding any other provision of this section to the contrary, any intermodal authority existing as of July 1, 2006, is hereby validated.

[70-2203, added 2004, ch. 353, sec. 1, p. 1054; am. 2005, ch. 364, sec. 1, p. 1152; am. 2006, ch. 75, sec. 1, p. 229; am. 2011, ch. 37, sec. 4, p. 88.]

§ 70-2204 Commissioners

(1) The powers of each intermodal authority are vested in the commissioners thereof. The resolution or ordinance setting forth the findings as provided in section 70-2203(2), Idaho Code, shall create the authority and shall include provisions for appointing a board of not fewer than three (3) commissioners for the authority to staggered terms and requiring bylaws for governance of the authority. A majority of the commissioners of an authority constitutes a quorum for the purpose of conducting business of the authority and exercising its powers for all other purposes. Action may be taken by the intermodal authority upon a vote of not less than a majority of the commissioners present for a meeting of the authority.

(2) Each intermodal authority must elect a chairman and vice-chairman from among the commissioners at a time and for terms as set out in the respective resolution or ordinance.

(3) An intermodal authority may employ such other officers, agents, and employees, permanent or temporary, as it may require. Commissioners shall determine necessary qualifications, duties and compensation for officers, agents and employees. An intermodal authority may delegate to one (1) or more of its agents or employees such powers or duties as it considers proper.

(4) A commissioner of an intermodal authority is entitled to receive reimbursement for expenses for travel and the discharge of his or her duties according to the policies of the governing body.

(5) For inefficiency or neglect of duty or misconduct in office, a commissioner may be removed only after a hearing and after such commissioner has been given a copy of the charges at least ten (10) days prior to such hearing and has had the opportunity to be heard in person or by counsel.

(6) Each commissioner shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk of the county or the city clerk, as appropriate, and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner.

[70-2204, added 2004, ch. 353, sec. 1, p. 1054; am. 2006, ch. 75, sec. 2, p. 229; am. 2011, ch. 37, sec. 5, p. 88.]

§ 70-2205 Cooperation of county or city

(1) For the purpose of cooperating in the planning, establishment, construction or operation of an intermodal authority or any of its facilities, any governing body of the respective county or city for which an intermodal authority has been created may, upon such terms, with or without consideration, as it may determine:

(a) Dedicate, sell, convey or lease any of its interest in any property or facility or grant easements, licenses, or any other rights or privileges therein to the intermodal authority;

(b) Cooperate with the intermodal authority in the planning of an intermodal authority and its facilities; and

(c) Enter into agreements with the intermodal authority respecting action to be taken by the county or city pursuant to the provisions of this section.

(2) After a public hearing, any sale, conveyance, lease or agreement provided for in this section may be made by a public body.

[70-2205, added 2004, ch. 353, sec. 1, p. 1054; am. 2006, ch. 75, sec. 3, p. 230; am. 2011, ch. 37, sec. 6, p. 89.]

§ 70-2206 General powers of a county-based or city-based intermodal commerce authority

An intermodal authority shall have the powers provided to it by a local county or city governing body including:

(1) Have perpetual succession unless abolished as provided in this chapter;

(2) Sue and be sued;

(3) Have a seal;

(4) Execute contracts and other instruments and take other action that may be necessary or convenient to carry out the purposes of this chapter;

(5) Plan, establish, acquire, develop, construct, purchase, enlarge, improve, modify, maintain, equip, operate, regulate, and protect transportation, storage, or other facilities or other personal property necessary or convenient to carry out the purposes of this chapter. Other facilities may encompass utility services, including water and sewer facilities, but not including facilities to transmit, distribute, or produce electrical energy or broadband services;

(6) Acquire any land or interest in land. All land and other property and privileges acquired and used by or on behalf of any intermodal authority must be used for intermodal authority purposes. The property of an intermodal authority acquired or held for the purposes of this chapter is declared to be public property used for essential public and governmental purposes and, effective the date an intermodal authority acquires title to such property, it shall be exempt from all taxes of the municipality, the county, the state or any political subdivision thereof; provided, that such tax exemption shall terminate when the authority sells or otherwise disposes of such property for development to a purchaser that is not a public body entitled to tax exemption with respect to such property. As specified in this chapter, a port authority may pledge, lease, sell, or mortgage all or any part of its facilities to secure bonds or for other financing purposes;

(7) Recommend to the county or city that created it, comprehensive county or city intermodal commerce authority zoning regulations in accordance with the laws of this state and the county or city governing body; and

(8) Provide financial and other support to corporations or other business entities or organizations under the provisions of Idaho law, whose purpose is to promote, stimulate, develop and advance the economic development and prosperity of its jurisdiction and of the state and its citizens by stimulating, assisting in, and supporting the growth of all kinds of economic activity, including the creation, expansion, modernization, retention, and relocation of new and existing businesses and industry in the state, all of which will tend to promote business development, maintain the economic stability and prosperity of the state, and thus provide maximum opportunities for employment and improvement in the standards of living of citizens of the state.

[70-2206, added 2004, ch. 353, sec. 1, p. 1054; am. 2006, ch. 75, sec. 4, p. 230; am. 2011, ch. 37, sec. 7, p. 89; am. 2025, ch. 217, sec. 2, p. 1025.]

§ 70-2207 Rules, policies and orders

An intermodal authority may adopt, amend, and repeal such reasonable rules, policies and orders as it considers necessary for its own administration, management, and governance as well as for the management, governance, and use of any transportation, storage, or other facility owned by it or under its control. No rule, policy, order or standard prescribed by the intermodal authority may be inconsistent with or contrary to any act of the congress of the United States or any law, rule, ordinance or resolution of the state of Idaho or the local governing body creating the intermodal authority. The intermodal authority shall keep on file at the principal office of the intermodal authority a copy of all its rules, policies and orders for public inspection.

[70-2207, added 2004, ch. 353, sec. 1, p. 1055.]

§ 70-2208 Supplementary powers

In addition to the general and special powers conferred by this chapter, each intermodal authority may exercise all powers delegated to it by the governing body creating it and powers incidental to the exercise of such general and special powers contained herein.

[70-2208, added 2004, ch. 353, sec. 1, p. 1055.]

§ 70-2209 Granting of operation and use privileges

In connection with the operation of transportation, storage, or other facilities owned or controlled by an intermodal authority, the intermodal authority may:

(1) Enter into contracts, leases, and other arrangements for terms not to exceed thirty (30) years:

(a) Granting the privilege of using or improving the intermodal authority facility or any portion or facility thereof or space therein for commercial purposes;

(b) Conferring the privilege of supplying goods, commodities, services or facilities at the intermodal authority facility; and

(c) Making available services to be furnished by the intermodal authority or its agents at the transportation, storage or other facility; and

(2) Establish the terms and conditions and fix the charges, rentals or fees for the privileges or services, which must be reasonable and uniform for the same class of privilege or service and must be established with due regard to the property and improvements used and the expenses of operation to the authority.

[70-2209, added 2004, ch. 353, sec. 1, p. 1055.]

§ 70-2210 Property — Disposal

(1) Except as may be limited by the terms and conditions of any grant, loan or agreement entered into by the intermodal authority, notwithstanding the provisions in title 31, Idaho Code, an intermodal authority may, after a public hearing, sell, lease with a provision containing the right to transfer title or otherwise dispose of any transportation, storage or other facility or other property or portion of or interest in the intermodal authority’s facility or property acquired pursuant to this chapter.

(2) Notice of the public hearing shall be posted at least fourteen (14) days prior to the date of the hearing in at least one (1) conspicuous place in the county or city to be determined by the commissioners of the authority. A copy of such notice shall also be published in a daily or weekly newspaper published within such county or city in one (1) issue thereof at least fourteen (14) days prior to the date of the hearing. The place, hour and day of such hearing shall be specified in the notice.

[70-2210, added 2004, ch. 353, sec. 1, p. 1056; am. 2006, ch. 75, sec. 5, p. 231; am. 2011, ch. 37, sec. 8, p. 90.]

§ 70-2211 Bonds and obligations

(1) An intermodal authority may borrow money for any of its lawful purposes and shall have the power to issue bonds from time to time in its discretion to finance the undertaking of any project or purpose under this chapter. Bonds shall be payable out of any revenue of the intermodal authority, including revenue derived from:

(a) Any transportation, storage or other facility;

(b) Grants or appropriations from federal, state or local governments; or

(c) Other sources.

(2) The bonds may be issued by resolution of the intermodal authority without any limitation of amount, except that bonds may not be issued at any time if the total amount of principal and interest to become due in any year on the bonds and on any then outstanding bonds for which revenue from the same source is pledged exceeds the amount of revenue to be received in that year, as estimated in the intermodal authority order authorizing the issuance of the bonds. The intermodal authority shall take all action necessary and possible to impose, maintain, and collect rates, charges and rentals sufficient to make the revenue from the pledged source in such year at least equal to the amount of principal and interest due in that year.

(3) The bonds may be sold at public or private sale and shall bear interest at such rate or rates as the issuing intermodal authority respectively shall determine. Except as otherwise provided in this chapter, any bonds issued pursuant to this chapter by an intermodal authority shall be payable as to principal and interest solely from revenue of the intermodal authority or from particular transportation, storage or other facilities of the intermodal authority. The bonds must state on their face the applicable limitations or restrictions regarding the source from which principal and interest are payable. In no circumstance shall the bonds be payable with a property tax.

(4) Bonds issued by an intermodal authority pursuant to the provisions of this chapter are declared to be issued for an essential public and governmental purpose and together with interest thereon and income therefrom, shall be exempted from all state and local taxes.

(5) For the security of bonds, the intermodal authority may by resolution make and enter into any covenant, agreement or indenture and may exercise any additional powers authorized by a county or city. The sums required from time to time to pay principal and interest and to create and maintain a reserve for the bonds may be paid from any revenue referred to in this chapter, prior to the payment of current costs of operation and maintenance of the facilities. As further security for the bonds, the intermodal authority, with the approval of the governing body of the county or city that created the authority, may pledge, lease, sell, mortgage, or grant a security interest in all or any portion of its intermodal authority, transportation, storage or other facilities, whether or not the facilities are financed by the bonds. The instrument effecting the pledge, lease, sale, mortgage, or security interest may contain any agreements and provisions customarily contained in instruments securing bonds, as the commissioners of the intermodal authority consider advisable. The provisions must be consistent with this chapter and are subject to and must be in accordance with the laws of this state governing mortgages, trust indentures, security agreements, or instruments. The instrument may provide that in the event of a default in the payment of principal or interest on the bonds or in the performance of any agreement contained in the proceedings authorizing the bonds or instrument, the payment or performance may be enforced by the appointment of a receiver in equity. The receiver may collect charges, rents or fees and may apply the revenue from the mortgaged property or collateral in accordance with the provisions of the instrument.

(6) Nothing in this section may be construed to limit the use of intermodal authority revenue, including federal, state and local money to make grants and loans or to otherwise provide financial and other support to a private intermodal authority, including corporations and business entities operating under the provisions of Idaho law. The credit of the state, county or municipal governments or their agencies or authorities may not be pledged to provide financial support to the intermodal authority.

[70-2211, added 2004, ch. 353, sec. 1, p. 1056; am. 2006, ch. 75, sec. 6, p. 232; am. 2011, ch. 37, sec. 9, p. 90.]

§ 70-2212 Debt service fund

An intermodal authority may create a debt service fund and accumulate therein a sum determined by the governing body, together with interest thereon, for the use, repairs, maintenance, and capital outlays of a county-based intermodal commerce authority.

[70-2212, added 2004, ch. 353, sec. 1, p. 1057.]

§ 70-2213 Federal, state and local money

An intermodal authority may accept, receive, receipt for, and spend federal, state and local money and other public or private money made available by grant, loan or appropriation to accomplish any of the purposes of this chapter and according to conditions of the grant, loan or appropriation. All federal money accepted under this section must be accepted and spent by the authority upon terms and conditions prescribed by the United States and consistent with state law. All state money accepted under this section must be accepted and spent by the intermodal authority upon terms and conditions prescribed by the state. All county or city money accepted under this section must be accepted and spent by the intermodal authority upon terms and conditions prescribed by the governing county or city.

[70-2213, added 2004, ch. 353, sec. 1, p. 1058; am. 2011, ch. 37, sec. 10, p. 92.]

§ 70-2214 Publication of Proceedings – Contest Period

(1) A resolution authorizing the issuance of any revenue bonds and the execution of an indenture as security pursuant to section 70-2211, Idaho Code, shall be published one (1) time in a newspaper of general circulation in the municipality. Any such indenture, or other instrument authorized in such resolution to be executed, may be incorporated as an exhibit to such resolution but need not be published as part of the resolution.

(2) For a period of thirty (30) days from the date of such publication any person in interest may file suit in any court of competent jurisdiction to contest the regularity, formality, or legality of the proceedings authorizing the revenue bonds, the legality of such resolution and its provisions, or the legality of the revenue bonds to be issued pursuant thereto and the provisions securing the revenue bonds. After the expiration of the thirty (30) day period provided for in this section, no one shall have any right of action to contest the validity of the revenue bonds, such proceedings, or such resolution or to contest the validity of the pledges and covenants made in such proceedings and resolution, and the revenue bonds and the provisions for their payment shall be conclusively presumed to be legal and no court shall thereafter have authority to inquire into such matters.

[70-2214, added 2025, ch. 217, sec. 3, p. 1026.]