Minutes - 2008 - City Council - 01/22/2008 - Regular
EAGLE CITY COUNCIL
Minutes
January 22, 2008
PRE-COUNCIL AGENDA: 6:30 p.m. -7:30 p.m.
1. Eagle Police Department Monthly Report.
Mayor introduces the issue.
Chief of Police Hippie presents the Monthly Report to Mayor and Council and discusses
the same. General discussion.
2. Presentation by COMPASS on Moving Idaho Forward - Local Options Tax and
proposed resolution supporting local option taxing.
Mayor introduces the issue.
Ken Burgess, representing Compass, provides information in regards to Local Options
Tax and urges the Council to pass a resolution supporting local option taxing. This tax
would fund both roads and transit. Distributes information entitled "Regional
Transportation Act" and provides Council an overview of the Legislation. General
discussion.
Further general discussion with Matt Stoel and Ken Burgess.
Mayor calls a recess at 7:35 p.m.
REGULAR COUNCIL AGENDA: 7:45 p.m.
1. CALL TO ORDER: Mayor Bandy calls the meeting to order at 7:40 p.m.
2. ROLL CALL: GUERBER, SHOUSHTARIAN, HUFFAKER, SEMANKO. All
present. A quorum is present.
3. PLEDGE OF ALLEGIANCE: Matt Stoelleads the Pledge of Allegiance.
4. PUBLIC COMMENT: None
Guerber moves to amend the Agenda as follows: Item # 8.A. The Resolution
regarding the legislation for establishment of a Regional Option Tax to be moved
and become Item #6A and that we amend the Executive Session Item #9 to include
pending or threatened litigation I.C. 67-2345(1) regarding the Lanewood issues and
water rights issues. Seconded by Huffaker. ALL AYES: MOTION
CARRIES... .......... .....
5. CONSENT AGENDA:
. Consent Agenda items are considered to be routine and are acted on with one motion.
There will be no separate discussion on these items unless the Mayor, a Councilmember,
member of City Staff, or a citizen requests an item to be removed from the Consent
Agenda for discussion. Items removed from the Consent Agenda will be placed on the
Regular Agenda in a sequence determined by the City Council.
. Any item on the Consent Agenda which contains written Conditions of Approval from
the City of Eagle City Staff, Planning & Zoning Commission, or Design Review Board
shall be adopted as part of the City Council's Consent Agenda approval motion unless
specifically stated otherwise.
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A. Claims A2ainst the City.
B. DR-I0-03 MOD - Re22ie's Ve22ies Produce Market-Re22ie & Gia States:
Reggie & Gia States, represented by Bill Waite of Design Resources, PLLC, is
requesting design review approval to construct a 783-square foot building addition to the
rear of the existing building and to repaint the entire building. The site is located on the
south side of East State Street approximately 109-feet east of the 2nd Street at 257 East
State Street. (WEV)
C. DR-118-05 MOD - Modification to the Master Si2n Plan For A Two Story
Multi-Tenant Office Buildin2 Includin2 Two Buildin2 Wall Si2ns for Capitol
Business Centres - Capitol Business Centres: Capitol Business Centres, represented
by Jim Rehberg with Idaho Electric Signs, is requesting design review approval of a
modification to a master sign plan for a two story multi tenant office building, including
two building wall signs for Capitol Business Centres. The site is located on the north
side of East Riverside Drive approximately 75-feet east of East Shore Drive at 776 East
Riverside Drive (Lots 10& 11, Block 3, Mixed Use Subdivision No.5). (WEV)
D. Re-appointment to Plannin2 and Zonin2 Commission: Mayor Bandy is
requesting Council confirmation of the re-appointment of Jack Zastrow and Dave
Azipitarte to the Planning and Zoning Commission. The term of office will be for three
years. (PB)
Guerber moves to have the claims against the City pulled as not all of the Council
Members have reviewed the claims. Seconded by Huffaker. ALL AYES:
MOTION CARRIES......
Guerber moves to approve the Consent Agenda as amended. Seconded by
Semanko. Guerber: AYE; Shoushtarian: AYE; Huffaker: AYE; Semanko: AYE:
ALL AYES: MOTION CARRIES..............
6.(8A.) Resolution No. 08-01: A resolution supporting legislation for local governments
to establish a regional transportation authority and seek voter approval of an associated
local option sales tax authority. (PB)
Mayor introduces the issue.
Ken Burgess, Matt Stoel and City Council discuss the Local Option Tax and the Legislation.
Semanko moves to continue Resolution No. 08-0luntil such time that the Mayor is
informed that the Legislation has been introduced and assigned a bill number and
we have copies of the legislation to review at the Council meeting following all of
those things occurring. Seconded by Huffaker. Discussion. TWO AYES: TWO
NAYS: MAYOR: NAY: MOTION FAILS............
Semanko moves to continue this item for one week to give us the opportunity to get
some feed back from the community, to have an opportunity to be briefed on the
plan, to have the opportunity to provide some feed back on the draft legislation
prior to taking a position. Seconded by Huffaker. Discussion. Council Member
Huffaker will create a first draft for Council to review. ALL AYES: MOTION
CARRIES................. ...
General discussion on what is going to be brought back next week.
7(6.) UNFINISHED BUSINESS:
A. Approval of Brookwood Well Payment Request. (ME) This item was continued
from the January 15, 2007 meeting.
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Mayor introduces the issue.
Vern Brewer, Holladay Engineering, provides Council an overview of the request for
payment on the Brookwood Well. There are invoices on the bill that were paid for by
the City. Each party is to pay 50%. We are recommending payment of $205, 147.52.
This well was budgeted for in the Judicial Confirmation and is available for funds from
DEQ under the Judicial Confirmation. General discussion.
Semanko moves to approve the Brookwood Well Payment Request in the amount of
$205,147.52 to be accompanied by the letter suggested by Counsel. Seconded by
Shoushtarian. Guerber: AYE; Shoushtarian: AYE; Huffaker: AYE; Semanko:
AYE: ALL AYES: MOTION CARRIES..............
B. Ordinance No. 588 - Adoptin2 the 2006 International Residential Buildin2
Code: An Ordinance Of The City Of Eagle, Idaho, A Municipal Corporation Of The
State Ofldaho, Repealing Title 7, Chapter 1 Of The Eagle City Code; Adopting The
2006 International Building Code And The 2006 International Residential Code (Parts I
Through Iv And Ix); Amending Or Deleting Certain Sections Of The 2006 International
Building Code; Amending Or Deleting Certain Sections Of The 2006 International
Residential Code; Approving The Summary Of This Ordinance; And Providing An
Effective Date For Adoption. (MM) This item was continued from the January 15, 2007
meeting.
C. Ordinance No. 593 - Adoptin2 the 2006 Ener2V Code: (MM) This item was
continued from the January 15, 2007 meeting. ,
Mayor introduces the issue. We have a request for Mike Mongelli, Building Official, to
continue Item #B and C to the February 12,2008 City Council meeting.
Guerber moves to continue Item #6C and #D as renumbered to the February 12,
2008 City Council meeting. Seconded by Semanko. ALL AYES: MOTION
CARRIES............
D. Discussion of Council liaison positions:) This item was continued from the
January 15, 2007 meeting.
Mayor introduces the issue.
General Council discussion on the assigned Council liaison positions.
Discussion on the establishment of a Community Relations Committee.
Semanko to approve the 2008 liaison assignments labeled #6D under what is now
agenda item #6E. Seconded by Guerber. ALL A YES: MOTION
CARRIES.. ......... .........
General discussion.
8(7.) PUBLIC HEARINGS: None
9(8.) NEW BUSINESS:
A. Resolution No. 08-01: A resolution supporting legislation for local governments to
establish a regional transportation authority and seek voter approval of an associated
local option sales tax authority. (PB)
Moved by Motion.
B. Application for Payment No.6 - East Hills Water Tank: (SKB)
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Mayor introduces the issue.
Vern Brewer, Holladay Engineering, provides Council an overview of the Application
for Payment No.6 and the project.
Guerber moves to approve the Application for Payment No.6 - East Hills Water
Tank to Concrete Placing Company in the amount of $54,342.61. Seconded by
Shoushtarian. Guerber: AYE; Shoushtarian: AYE; Huffaker: AYE; Semanko:
AYE: ALL AYES: MOTION CARRIES..............
C. Chan2er Order No.6 - East Hills 1 Million Gallon Water Reservoir: (SKB)
Mayor introduces the issue.
Guerber moves to approve the Changer Order No.6 - East Hills 1 Million Gallon
Water Reservoir in the amount of $1,719.02 for Concrete Placing Company.
Seconded by Huffaker. Guerber: AYE; Shoushtarian: AYE; Huffaker: AYE;
Semanko: AYE: ALL AYES: MOTION CARRIES..............
Approval of Claims A2ainst the City:
General discussion.
Guerber moves to approve the payment of the Claims Against the City as
presented. Seconded by Semanko. Guerber: AYE; Shoushtarian: AYE; Huffaker:
AYE; Semanko: AYE: ALL AYES: MOTION CARRIES..............
9. EXECUTIVE SESSION:
A. Personnel Matters: I.C. &67-2345(b) and Pendin2 or Threatened Liti2ation: I.e.
67-2345(0.
Mayor introduces the issue.
,; ,
City Attorney Buxton: The litigation items are the on going water rights litigation, the
urban renewal litigation and the lanewood litigation.
Guerber moves to go into Executive Session for the discussion of Personnel
Matters: I.C. ~67-2345(b) and Pending and Threatened Litigation, I.C. 67-2345(f)
regarding water rights, urban renewal, and Lanewood issues. Seconded by
Semanko. Guerber: AYE; Shoushtarian: AYE; Huffaker: AYE; Semanko: AYE:
ALL AYES: MOTION CARRIES..............
Council goes into Executive Session at 9:25 p.m.
Council discusses personnel matters and pending and threatened litigation.
Council leaves Executive Session at 10:35 p.m.
Guerber moves to approve the use of 3 weeks of accrued annual leave for Sharon K.
Bergmann beginning February 6, 2008. Seconded by Huffaker. ALL AYES:
MOTION CARRIES...................
City Attorney Buxton: We request that the Council approve and authorize the
Mayor to sign an Application to Rent Water from the Water Supply Bank for the
point of diversion set forth in Exhibit "A" which is the Legacy and Eaglefield wells.
So moved by Semanko. Seconded by Guerber. ALL AYES: MOTION CARRIES.......
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City Attorney Buxton: With regard to the requested lease that addresses a
Memorandum of Agreement signed wjth the City of Eagle and Eagle Sports
Legends on November 17, 2005 'and addresses the ability of the City to sign a final
plat, we would request that the Council approve and authorize the Mayor to sign an
agreement with the representatives and the successors of interest of Eagle Sports
Legends investment company to enter into such agreement and indemnification of
the City to issue thirteen building permits one of which would go to Westminister
Homes on the original parcel and 12 of which would go to Holmes Homes and for
them to issue building permits for those with the construction to commence while
the final plat is being processed and they would not be granted a final occupancy
permit until the final plat is recorded.
So moved by Huffaker. Seconded by Guerber. Discussion. Semanko: With regard
to this, by doing this we are in no way waiving or lessening the requirements of City
of Eagle Ordinance No. 479 with regard to the need to provide adequate water for
the development and in my view we are providing a band aid through the water
rental to recognize the difficult and very unique circumstances that we have in this
particular situation. City Attorney Buxton: Would the maker of the motion also
agree that the conditions of those agreements are that Eagle Sports Legends and
their successors in interest agree to indemnify and hold the City harmless against
any and all claims and also to maintain the integrity and protections of the
Development Agreement and MOU that they have already entered into with regard
to this matter. So moved by Huffaker~ Seconded by Guerber. Guerber: AYE;
Shoushtarian: AYE; Huffaker: AYE; Semanko: AYE: ALL AYES: MOTION
CARRIES........... ...
City Attorney Buxton: We would request that the City Council direct the staff to
come back with an amendment to the Memorandum of Agreement that was
previously mentioned dated November 17,2005 to specifically address that
obtaining leased water rights would also allow the City to sign the final plat
however not allowing any units to be built or permits to be issued beyond the
volumes leased.
So moved by Semanko. Seconded by Huffaker. Discussion. Semanko: We are
recognizing the unique circumstances here and providing an opportunity to have
this water provided through the lease given the largely unforeseen and obviously
circumstance created by third parties including a governing state agency that is
responsible for approving water rights, so again in no way waiving or lessening the
requirements and intents of Ordinance 479. Guerber: AYE; Shoushtarian: AYE;
Huffaker: AYE; Semanko: AYE: ALL AYES: MOTION CARRIES..............
10. REPORTS:
a. Mayor and Council's Report:
Saturday, February 9th is Customer Appreciation Day. We have a sign-up sheet for
Council to man the booth. General discussion.
Shoushtarian: I would like the Council to reconsider Item #5D. I would like to have
Council consider some of the candidates that were interviewed for the City Council seat.
General discussion,
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Mayor: I have received Jason Pierce's resignation on the Planning and Zoning
Commission and I am going to be contacting one of the individuals that the committee
has recommended.
General discussion.
Discussion on the Chamber Luncheon on January 2S, 200S with the Legislature.
City Engineer Report: No report
City Clerk/Treasurer Report: No report
Zoning Administrator's Report: No report
City Attorney Report: No report
I I. ADJOURNMENT:
Semanko moves to adjourn. Seconded by Huffaker. ALL AYES: MOTION
CARRIES.............
Hearing no further business, the Council meeting adjourned at 11 :05 p.m.
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PHILLIP J. BANDY
MAYOR
A TRANSCRIBABLE RECORD OF THIS MEETING IS AVAILABLE AT
EAGLE CITY HALL
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City of Eagle
Monthly Crime Brief December 2007
Incidents
Dec 07 Nov (17 Dec 06 % Change
YTD*
Administrative 310 228 223 4.5%
Calls For Service 296 316 308 5.8%
Officer -Initiated 757 761 590 -5.6%
Proactive 212 172 19 469.7%
Total 1575 1477 1140 8.3%
Property Crimes
•
Top Calls For Service
Dec 07 Nov 07
Accident Non -Injury- 25 Burglary Alarm- 30
Burglary Alarm- 22 Accident Non -Injury- 25
Check Reckless Driver- 18 Check Reckless Driver- 19
Traffic Hazard- 12 Traffic I- Lazard- 15
Veh Vandalism Report- 8 Juvenile Problems- 12
Theft Report- 8 Welfare Check- 11
Fraud Report- 8 Ck IPI Solicitors- 11
Suspicious Subject- 10 f l
Fraud Report- 10
Suspicious Vehicle- 9
Theft Report- 9
Loose/Dead/Inj Animal- 8
Calls for Service Priorities & Average Response Times (ART)
Call Dec 07 Nov 07 Dec 06 ART % Change
Priority it ART JI ART # ART YTD*
Low 98 11:01 76 14:02 66 07:18 0.7%
Medium 190 05:35 230 06:11 234 06:11 7.5%
High 8 02:38 10 03:44 8 03:38 2.1%
Total 296 07:18 316 08:00 308 06:21 6.7%
Cases
Dec 07 Nov 07 Dec 06 % Change YTD*
166 164 149 0.9%
Dec 07
Vandalism- 23
Theft- 12
DWP- 10
Burglary- 8
Simple Assault- 6
Liquor Law Violation- 4
Top Offenses
Nov 07
DWP- 17
Theft- 13
Simple Assault- 11
DUI- 9
Vandalism- 6
Domestic Disturbance- 5
Burglary- 5
Felonies
Dec 07 Nov 07 Dec 06
25 19 13
Change
YTD*
I.9%
Property Crimes
YTD Clearance
Rate
32.9%
Dec 07 Nov 07 Dec 06 % Change YTD
YTD* Clearance Rate
Vehicle Burglary 3 1 2 -5.7% 0.0%
Residential Burglary 3 2 0 100.0% 23.8%
Commercial Burglary 1 0 0 -44.4% 0.0%
Construction Burglary I 2 1 -33.3% 14.3%
Theft 12 13 10 20.0% 29.9%
Vandalism/Arson 24 6 3 23.0% 21.1%
Moving Traffic Citations
Dec 07 Nov 07 Dec 06 % Change YTD*
55 70 64 -1.9%
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•
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•
Accidents
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Accidents
Dec 07 Nov 07 Dec 06 % Change
YTD*
Property Damage 16 2(1 17 2.7%
Physical Injury 12 6 8 0.0%
Total 28 26 25 1.7%
Top Accident Times & Locations
Top Days: Top Streets:
Dec 07 Nov 07 Dec 07 Nov 07
Friday- 6 Tuesday- 8 Eagle Rd- 12 Highway 44- 16
Tuesday- 6 Friday- 7 I lighway 44- 7 Eagle Rd- 4
Top Hours: Chindcn Blvd- 3 State St- 3
Dec 07 Nov 07 Park Ln- 2 Floating Feather- 2
15:00- 5 08.00- 4 Floating Feather- 2
17:00-3 10:00-3
18:00- 3 18:00- 3
10:00- 3 13:00- 3
Note. Accidents arc mapped to the nearest intersection
*% Change YTD compared to 2006
■
•
Prepared by ACSO/fagle CAU/th Data obtained from CAD, New World. Legacy AS -500. and W cbCars databases Data queried 1/15/08
REGIONAL TRANSPORTATION ACT
» The act is an entirely new act that replaces the existing Regional Public Transportation
Authority Act.
» The two existing Regional Public Transportation Authorities — Valley Regional
Transit in the Treasure Valley and the Targee Regional Public Transportation Authority
in the Idaho Falls region - would continue as regional transportation authorities
(RTAs) and operate pursuant to the act.
» One or more counties, or portions of contiguous counties, can form an RTA by
action of their respective county commissions. This forms the region of the RTA.
» RTA boards are composed of one county commissioner from each county within the
region; one mayor or council member from each city in the region; one highway
district commissioner representing all of the highway districts within a county, or, in the
case of a county -wide highway district, one commissioner from that district; and one
representative from the Idaho Transportation Department selected by the ITD board.
» The RTA Board has two functions — to develop a 30 -year transportation funding plan
and to implement it if it is approved by the voters within the region.
» The plan lists the "projects" in the region to be funded. "Funding" means the
planning, financing, constructing, operation or maintenance of any city, county,
highway district and state highways in the region and public transportation systems.
The RTA board can decide to fund only highways or only public transportation systems,
or both. "Projects" are all or portions of any highway or public transportation
system. The term of the plan is 30 years.
» Revenues to fund the plan come from a local option sales tax — between 0.10
percent and 1.0 percent of all sales within the region that are already included in the state
sales tax. The rate is initially set by the Board subject to voter approval.
» The Board may call an election at either the May or November election of any year
to seek voter approval of the plan and the imposition of the tax. Two-thirds of voters
in the region who vote must approve the plan and authorize the tax at the level set in the
plan. Once the plan is approved by the voters, it may not be modified without a
subsequent re -authorization by the voters. The tax sunsets in 30 years unless
reauthorized by the voters at a subsequent election and again with the same requirements.
» Either at this election or a subsequent one, bonds may be issued to provide capital
funding for projects again at a 662/3 percent voter approval rate at either the May or
November election. The repayment of the bonds may not exceed 30 years.
CITY OF EAGLE RESOLUTION
REGIONAL TRANSPORTATION AUTHORITY AND LOCAL OPTION SALES TAX
RESOLUTION NO. 08-01
BY THE CITY OF EAGLE TO SUPPORT LEGISLATION FOR LOCAL GOVERNMENTS
TO ESTABLISH A REGIONAL TRANSPORTATION AUTHORITY AND SEEK VOTER
APPROVAL OF AN ASSOCIATED LOCAL OPTION SALES TAX AUTHORITY
WHEREAS, the population of Ada and Canyon counties is projected to be over one million
by the year 2030; and
WHEREAS, community leaders in the region know that a sustainable transportation system
is critical to sustain and enhance economic development opportunities; and
WHEREAS, rapid growth in the region will continue to increase the number of vehicles on
our roads, resulting in increased traffic congestion and negative impacts to air quality; and
WHEREAS, Communities in Motion, the regional long range transportation plan for Ada and
Canyon counties, projects a funding shortfall of at least $1.7 billion for the construction, operation,
and maintenance of critical transportation systems, inclusive of roadways and transit, by 2030; and
WHEREAS, Idaho is one of four states that does not provide either state funds or local
option taxing authority for local public transportation funding; and
WHEREAS, local governments are not authorized by the Idaho legislature to ask their
citizens at the polls if they are willing to increase the sales tax for transportation projects; and
WHEREAS, on this date, the City of Eagle reviewed the draft legislation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF EAGLE:
Section 1. That the City of Eagle supports legislation allowing local governments to
establish a Regional Transportation Authority and associated authorization to seek voter
approval of a local option sales tax for transportation.
Section 2. That this Resolution shall be in full force and effective immediately upon its
adoption by the City of Eagle and its approval by the Eagle City Council.
ADOPTED by the Eagle City Council, this day of
CITY OF EAGLE
Ada County, Idaho ATTEST:
PHIL BANDY
MAYOR
, 2008.
SHARON K. BERGMANN
CITY CLERK/TREASURER
k:lcouncillresolutionsldraft resolutionslresolution 08-01 local option sales tax.doc
LEGISLATURE OF THE STATE OF IDAHO
Fifty-ninth Legislature Second Regular Session - 2008
1 CHAPTER 21
2 REGIONAL TRANSPORTATION AUTHORITIES
3
4 40-2101. TITLE. This chapter may be known and cited as the "Regional
5 Transportation Authority Act".
6
7 40-2102. DEFINITIONS.
8 (1) "Authority" means a regional transportation authority created pursuant to this
9 chapter.
10 (2) "Board" means the governing body of the authority.
11 (3) "City" means an incorporated city of this state.
12 (4) "Commission" means the board of county commissioners.
13 (5) "County" means a county of this state.
14 (6) "Funding" means the act of providing money pursuant to this chapter to pay
15 the costs of any highway or public transportation systems, which costs may include,
16 without limitation, the costs of planning, financing, construction, operation or
17 maintenance related to any highway or public transportation systems.
18 (7) "Highway" means the same as defined in section 40-109, Idaho Code.
19 (8) "Highway district commission" means the board of commissioners of a single
20 county -wide highway district or in counties with more than one (1) highway district, the
21 board of commissioners of each highway district within the county.
22 (9) "Highway system" means, collectively, a "city highway system" as defined in
23 section 40-104, Idaho Code; a "county highway system" as defined in section 40-104,
24 Idaho Code; a "highway district system" as defined in section 40-109, Idaho Code; and a
25 "state highway system" as defined in section 40-120, Idaho Code.
26 (10) "Plan" means the regional transportation funding plan adopted by the board
27 and approved by the electors of a region for the funding of highway or public
28 transportation systems within a region from local option sales and use tax revenues.
29 (11) "Project" means all or a portion of any highway or public transportation
30 systems to receive funding pursuant to a plan.
31 (12) "Public transportation service" means, without limitation, fixed transit
32 routes; scheduled or unscheduled transit service provided by motor vehicle, bus, rail, van,
33 aerial tramway and other modes of public conveyance; paratransit service for the elderly
34 and disabled; shuttle and commuter service between cities, counties, health care facilities,
35 employment centers, educational institutions or park-and-ride locations; subscription van
36 and carpooling service; and transportation services unique to social service programs.
37 (13) "Public transportation system" means any property, improvement, system or
38 service for public conveyance by any means. The term includes, without limitation, any
39 public transportation service; any financing, construction, operation or maintenance
40 related to any public transportation system; and any real or personal property, or interest
41 therein, that is related to any public transportation system. The term may further include,
42 without limitation, bus systems; railroad, rail or rail corridor systems; trolley circulator
43 systems; aerial tramway systems; other mass transit systems; park-and-ride facilities; fare
44 collection facilities; service areas; administrative or maintenance facilities; and, as related
December 14, 2007
40874.0007.1104634.4
2
1 to any of the foregoing, grounds and landscaping, paving, grading, curbs, gutters,
2 culverts, drainage facilities, sidewalks, bikeways, pathways, bridges, overpasses,
3 underpasses, crossroads, parkways, lighting, transit shelters, bus stops, benches, waste
4 receptacles, kiosks, and any signs, displays, posters or other messages used to advertise a
5 product or service or other message and located on a public transportation system.
6 (14) "Region" means the geographical area encompassed by an authority, which
7 may only be comprised of all of a single county, or all of two or more contiguous
8 counties.
9 (15) "Revenues" means revenues obtained from a tax created pursuant to this
10 chapter, including, without limitation, fares, fees, rates, charges, assessments, taxes
11 (including from a tax created pursuant to this chapter), grants, contributions, or other
12 income and revenues available to the authority.
13 (16) "State highway account" means the account created pursuant to section 40-
14 702, Idaho Code.
15 (17) "Tax" means a local option sales and use tax created pursuant to this
16 chapter.
17
18 40-2103. PURPOSE. The purpose of this chapter is to provide coordinated
19 planning for highway and public transportation systems on a regional basis and to
20 authorize local choice with respect to a tax as an additional source of monies and funding
21 for highway and public transportation systems in Idaho.
22
23 40-2104. ESTABLISHMENT - GOVERNANCE.
24 (1) One or more commissions by resolution may create an authority to carry out
25 the purposes of this chapter. The entire geographical area of at least one (1) county or
26 counties must be included within the region of an authority created pursuant to this
27 chapter. An authority is deemed created when a resolution has been adopted by the
28 commission or commissions.
29 (2) An additional county or counties, or designated parts thereof, contiguous to
30 the region of any previously created authority may be included in the region of such
31 authority (i) by resolution adopted by the commission or commissions of the county or
32 counties seeking to be included, and (ii) by resolution adopted by the existing board.
33 (3) All regional public transportation authorities created pursuant to the
34 predecessor to this chapter and in existence on July 1, 2008, shall remain in existence and
35 continue to operate as regional transportation authorities pursuant to the provisions of this
36 chapter.
37 (4) Nothing in this chapter shall infer or be interpreted as creating in an authority
38 any power or duty to own, operate, maintain or construct any highway system.
39
40 40-2105. COMPOSITION OF BOARD.
41 (1) Each authority shall have a board composed of the following voting
42 members: one (1) member who is a commissioner representing the commission of each
43 county in the region; one (1) member who is a mayor or city council member
44 representing each city in the region; one (1) member who is a highway district
December 14, 2007
40874.0007.1104634.4
3
1 commissioner of any county -wide highway district in the region; one (1) member who is
2 a highway district commissioner representing all highway district commissions in any
3 county in the region that has more than a single highway district; and one (1) member
4 who is from the Idaho transportation department and is appointed by the Idaho
5 transportation board.
6 (2) Board members shall be appointed by resolution of the appointing agency and
7 shall serve at the pleasure of the appointing agency.
8 (3) The board shall appoint a chairman and a vice-chairman from among its
9 voting membership.
10 (4) A majority of the voting members shall constitute a quorum for the
11 transaction of business.
12 (5) Decisions of the board shall require a quorum and shall be in accordance with
13 voting procedures established by the board.
14 (6) Ex officio members may be appointed to the board by the board and shall
15 serve at the pleasure of the board. Ex officio members shall not be entitled to vote.
16 (7) Board members not otherwise compensated by their appointing agency for
17 service on the board may be compensated by the authority for the actual performance of
18 duties as a board member. Actual expenses incurred by a board member for service as a
19 board member may be paid by the authority or by the appointing agency of the board
20 member.
21 (8) The authority shall be liable and responsible for the actions of the board
22 members and employees of the authority when the board members and employees are
23 performing their duties on behalf of the authority.
24
25 40-2106. DUTIES OF THE BOARD. The board shall have the following
26 duties:
27 (1) To adopt a plan for the region following a public hearing thereon.
28 (2) To exercise the powers contained in this chapter to implement the adopted
29 plan approved by the electors in the region.
30 (3) When designated by the governor of this state, to serve as the metropolitan
31 planning organization for a region. Upon such designation, the board shall then carry out
32 the duties prescribed by federal law for a metropolitan planning organization.
33
34 40-2107. REGIONAL TRANSPORTATION FUNDING PLANS.
35 (1) A plan shall include, at a minimum, the following:
36 (a) The proposed use of revenues derived from the tax to be used for funding
37 projects.
38 (b) The allocation of tax revenues between highway and public transportation
39 systems as determined by the board; provided, however, that a plan need not provide for
40 the funding of both types of systems.
41 (2) No tax imposed under a plan shall have a term in excess of thirty (30) years
42 after the plan's approval by the electors of the region.
43 (3) In adopting a plan, a board shall consider:
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1 (a) Demand for transportation services over at least the next thirty (30) years,
2 focusing at the systems level, including, without limitation, roadways, transit,
3 non -motorized transportation and intermodal connections;
4 (b) Regional land use, development, housing and employment;
5 (c) The costs for funding any highway and public transportation systems and all
6 reasonably available financial sources for financing, constructing, operating and
7 maintaining such systems, including the available capital investment for such systems;
8 and
9 (d) Ways to preserve existing highway and public transportation systems and to
10 make efficient use of such existing systems.
11 (4) Prior to its adoption by the board, the board shall hold a public hearing on the
12 proposed plan. Notice of the hearing shall be posted at least ten (10) days prior to the
13 hearing at a conspicuous place with each county in the region. A copy of the notice shall
14 also be published pursuant to the provisions of section 40-206, Idaho Code. The place,
15 hour and date of the hearing shall be specified in the notice, as well as the place where
16 the draft plan may be examined prior to the hearing. A summary of the plan shall be
17 published with and as a part of the notice of publication of the notice of hearing.
18 (5) A summary of the plan adopted by the board following the public hearing
19 shall be included with the ballot question presented to qualified electors of a region in
20 any election authorizing a tax held pursuant to this chapter. A vote by qualified electors
21 to authorize the creation of tax pursuant to this chapter shall be deemed to be approval of
22 the plan by the electors. A plan approved by electors shall not be modified during the
23 term of the plan.
24
25 40-2108. GENERAL POWERS OF THE BOARD. The board has power:
26 (1) To sue and be sued;
27 (2) To raise and expend funds and revenues as provided in this chapter;
28 (3) To issue bonds as provided in this chapter;
29 (4) To adopt and use an official seal;
30 (5) To levy a tax as provided for in this chapter;
31 (6) To collect and distribute revenues to implement a plan;
32 (7) To invest any funds not needed for immediate use or disbursement, including
33 any funds held in reserve, in: (a) securities or investments in which the state treasurer
34 may invest funds in the state treasury pursuant to sections 67-1210 and 67-1210A, Idaho
35 Code; and (b) such other investments as may be specified in a bond resolution or trust
36 indenture securing bonds of the authority, if such funds represent bond proceeds or
37 amounts pledged to the payment of bonds;
38 (8) To enter into contracts and agreements affecting the affairs of the authority;
39 (9) To pledge all or any portion of the revenues to the payment of bonds of the
40 authority;
41 (10) To employ personnel, contract for services with public and private agencies
42 and retain legal and other professional counsel;
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1 (11) To adopt resolutions consistent with law, as necessary, for carrying out the
2 purposes of this chapter and discharging all powers and duties conferred to the authority
3 pursuant to this chapter; and
4 (12) To require an annual audit made of the financial affairs of the authority as
5 required in section 67-450B, Idaho Code, within one hundred eighty (180) days after the
6 end of the fiscal year.
7
8 40-2109. ADDITIONAL POWERS OF THE BOARD RELATED TO
9 PUBLIC TRANSPORTATION SYSTEMS. For any authority that chooses to operate
10 public transportation systems within a region, the board shall have the following
11 additional power and exclusive jurisdiction:
12 (1) To finance, construct, operate or maintain public transportation systems
13 within the boundaries of the region;
14 (2) To operate all publicly funded or publicly subsidized public transportation
15 services and programs within the region except those public transportation services and
16 programs under the jurisdiction of public school districts and law enforcement agencies;
17 (3) To provide as appropriate public transportation services on fixed or unfixed
18 routes; public transportation services on fixed or unfixed schedules; paratransit services
19 for the elderly and people with disabilities as defined in the Americans with disabilities
20 act; special services to accommodate community celebrations, sporting events and
21 entertainment open to the public; public transportation services between cities, rural
22 areas, park-and-ride facilities, employment centers, health care facilities, universities and
23 colleges, and commercial and shopping areas; commuter services between communities;
24 and van or carpool programs;
25 (4) To fix by resolution the fares and fees to be charged those who use its public
26 transportation services; provided, however, that prior to adopting any such resolution, the
27 board shall publish proposed fares and fees in at least one (1) issue of a newspaper having
28 general circulation in the region and shall hold at least one (1) public hearing on the
29 proposed fares and fees;
30 (5) To establish, fund, control and operate the administrative, equipment
31 maintenance, servicing, storage, fueling, and other facilities required to support a safe and
32 efficient public transportation system;
33 (6) To purchase and hold lands, make contracts, purchase and hold personal
34 property as may be necessary or convenient for the purposes of this chapter, and to sell
35 and exchange real and personal property; provided, however, that the board shall first
36 adopt a resolution finding that the property to be sold or exchanged is no longer needed
37 by or useful to the authority; and that a public hearing is to be held, of which hearing
38 notice shall be published in accordance with the provisions of section 40-206, Idaho
39 Code;
40 (7) In accordance with the provisions on eminent domain set forth in chapter 7,
41 title 7, Idaho Code, to exercise the power of eminent domain in the manner provided by
42 law for the condemnation of private property for public use to take any property within
43 the region necessary to the exercise of the powers herein granted as related to a public
44 transportation system; and
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1 (8) To enter into cooperative agreements with the state, other authorities, counties,
2 cities and highway districts under the provisions of section 67-2328, Idaho Code,
3 including, without limitation, cooperative agreements for the providing of a public
4 transportation service by such other governmental entity.
5
6 40-2110. BUDGET.
7 (1) The board shall annually adopt a budget and cause a public hearing to be held
8 upon the budget.
9 (2) Notice of the budget hearing shall be posted at least ten (10) days prior to the
10 date of the meeting in at least one (1) conspicuous place in each county within the
11 boundaries of the authority and at the administrative offices of the authority. A copy of
12 the notice shall also be published in accordance with the provisions of section 40-206,
13 Idaho Code. The place, hour and day of the hearing shall be specified in the notice, as
14 well as the place where the budget may be examined prior to the hearing. A full and
15 complete copy of the proposed budget shall be published with and as a part of the
16 publication of the notice of hearing.
17 (3) The budget shall be available for public inspection from and after the date of
18 the posting of notice of hearing at a place and during business hours as the board may
19 direct.
20 (4) A quorum of the board shall attend the hearing and explain the proposed
21 budget and hear any and all objections to it.
22 (5) The budget shall be completed and finalized not later than the Tuesday
23 following the first Monday in September for the ensuing fiscal year.
24 (6) The fiscal year of the authority shall commence on the first day of October of
25 each year.
26
27 40-2111. LOCAL OPTION SALES AND USE TAX. The qualified
28 electors of a region shall have the legal authority to authorize the board to implement the
29 plan by adopting, implementing, and causing to be collected a tax upon all sales and use
30 received or delivered within the region that are subject to taxation under chapter 36,
31 title 63, Idaho Code. In accordance with applicable destination -based sourcing rules
32 adopted by the state tax commission, the board shall have the power and authority to
33 adopt, implement and collect a tax if approved by two-thirds (2/3) of all votes cast by the
34 qualified electors of the region voting in an election conducted for the purpose, and if
35 such election is held on the consolidated election dates (as provided in section 34-106,
36 Idaho Code), in May or November of any year.
37
38 40-2112. ELECTION TO AUTHORIZE TAX.
39 (1) In an election, the question presented to the qualified electors of the region shall:
40 (a) Provide a description and general explanation of the tax to be approved;
41 (b) State that the rate of the tax to be assessed shall be set by the authority as set forth in
42 the plan, but that the rate shall be at least one-tenth of one percent (0.10%) but not more than one
43 percent (1%) of the sales price of an item subject to taxation;
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1 (c) State that the revenues derived from the tax shall be used only for purposes specified
2 in the plan;
3 (d) State the estimated term of the tax; and
4 (e) Include a summary of the plan adopted by the board with respect to the tax in
5 question.
6 (2) Upon voter approval of the tax, the board shall provide by resolution the methods for
7 reporting and collecting the taxes due. Such resolution shall also state the rate to be assessed,
8 established as follows:
9 (a) The board, pursuant to an estimate based upon the budget adopted, the plan and
10 anticipated reserve or other monetary requirements, shall impose a tax of at least one-tenth of
11 one percent (0.10%) but not more than one percent (1%) of the sales price of an item subject to
12 taxation.
13 The board shall comply with the filing and recording requirements of section 63-215,
14 Idaho Code, and shall cause a copy of any resolution, or amendment thereto, to be forwarded to
15 the state treasurer, the chairman of the state tax commission and the chairman of the state board
16 of tax appeals.
17 (3) Taxes collected shall constitute revenue of the authority available for purposes of
18 implementing the plan. Tax collection shall commence on a date set forth in the resolution, but
19 not earlier than the next quarter that commences at least sixty (60) days after the date of the
20 election.
21 (4) The term of the tax then in effect may be extended, but only if approved by
22 two-thirds (2/3) of all votes cast by the qualified electors voting in a reauthorization election
23 conducted for such purpose. A reauthorization election may be held in any year prior to the
24 expiration of the term of the tax then in effect. Any such election shall only be held in any year
25 at the May or November election dates pursuant to section 34-106, Idaho Code. A summary of
26 the plan adopted by the board with respect to the extension of the term of the tax in question
27 shall be included. If the extension of the term of the tax is reauthorized, a copy of the board
28 resolution authorizing an extension of the term of the tax shall be provided to the state treasurer,
29 the chairman of the state tax commission, the chairman of the state board of tax appeals and each
30 county tax collector in all counties in which the region is located.
31
32 40-2113. TERM OF TAX. Except as reauthorized pursuant to an election by the
33 qualified electors of the region as provided in section 40-2112, Idaho Code, no tax assessed by
34 the authority shall have a term exceeding thirty (30) years.
35
36 40-2114. COLLECTION AND ADMINISTRATION OF TAX BY THE
37 STATE TAX COMMISSION - DISTRIBUTION. (1) Any authority which has levied a tax
38 pursuant to this chapter shall contract with the state tax commission for the collection and
39 administration of the tax in like manner and under definitions and rules of the state tax
40 commission for the collection and administration of the state sales and use tax under chapter 36,
41 title 63, Idaho Code. The state tax commission is authorized to adopt additional rules as may be
42 necessary for efficient and effective tax collection and administration under this chapter,
43 including, without limitation, destination -based sourcing rules as are compatible with chapter 36,
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1 Title 63, Idaho Code, and use tax credit rules as are compatible with section 1. of article V of
2 section 63-3701, Idaho Code.
3 (2) The authority shall contract with the state tax commission for registration, collection
4 and return and money processing services. Additional services, such as audit, appeals,
5 compliance or legal representation, may be contracted with the state tax commission as
6 determined appropriate by the board. The costs of any such contracted services shall be paid
7 from the tax receipts, subject to subsection (3) (b) of this section.
8 (3) All revenues collected by the state tax commission pursuant to section 40-2112,
9 Idaho Code, shall be distributed as follows:
10 (a) An amount of money shall be distributed to the state refund fund sufficient to pay
11 current refund claims. All refunds authorized by the state tax commission to be paid shall be
12 paid through the state refund fund and those moneys are continuously appropriated.
13 (b) An amount of money shall be distributed to the state tax commission equal to such
14 fee as may be agreed upon between the state tax commission and such authority for the actual
15 cost of the collection and administration of the tax. The amount retained by the state tax
16 commission shall not exceed the amount authorized to be expended by appropriation by the
17 legislature. Any unencumbered balance in excess of the actual cost at the end of each fiscal year
18 shall be distributed as provided in subsection (3) (c) of this section.
19 (c) All remaining moneys shall be placed in the regional transportation authorities fund
20 established in section 40-2114, Idaho Code, and distributed as provided in that section to the
21 appropriate board of the authority levying such tax.
22
23 40-2115. REGIONAL TRANSPORTATION AUTHORITIES FUND
24 ESTABLISHED - DISTRIBUTION OF MONEYS.
25 (1) There is hereby established in the state treasury a fund known as the "Regional
26 Transportation Authorities Fund," which shall be referred to as the RTA fund, to which shall be
27 credited moneys as provided by section 40-2113(3) (c), Idaho Code.
28 (2) Interest earned on the investment of idle moneys in the RTA fund shall be paid to the
29 RTA fund.
30 (3) Distributions from the fund shall be made to the appropriate board, upon demand of
31 the board, to be spent, pledged or accumulated for any purpose in furtherance of each element of
32 the plan.
33
34 40-2116. BOND ISSUES.
35 (1) An authority shall have power to issue bonds, from time to time, in its discretion, in
36 the exercise of any of its powers. An authority shall also have power to issue refunding bonds
37 for the purpose of paying or retiring bonds previously issued by it. In order to carry out the
38 purposes of this chapter, an authority may issue, upon proper resolution, bonds on which the
39 principal and interest are payable solely out of all or a specified portion of the revenues
40 designated by the board.
41 (2) Any such bonds may be additionally secured by a pledge of any revenues, moneys or
42 property of the authority. Any pledge made by the authority shall be valid and binding from the
43 time when the pledge is made and recorded; the revenues, moneys or property so pledged and
44 thereafter received by the authority shall immediately be subject to the lien of the pledge without
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1 any physical delivery thereof or further act, and the lien of any such pledge shall be valid and
2 binding as against all parties having claims of any kind in tort, contract or otherwise against the
3 authority, irrespective of whether the parties have notice thereof.
4 (3) Neither the board of any authority nor any person executing the bonds shall be liable
5 personally on the bonds by reason of the issuance thereof. The bonds and other obligations of an
6 authority shall state on their face that:
7 (a) They shall not be a debt of the county, the state or any political subdivision thereof;
8 (b) None of the county, the state or any political subdivision thereof shall be liable
9 thereon; and
10 (c) In no event shall such bonds or obligations be payable out of any funds other than
11 those of the authority. Bonds of an authority are declared to be issued for an essential public and
12 governmental purpose and to be public instrumentalities and, together with interest thereon and
13 income there from, shall be exempt from taxation.
14
15 40-2117. ISSUANCE OF BONDS - TERMS - NEGOTIABLE ACTIONS TO
16 TEST VALIDITY - CONCLUSIVE PRESUMPTIONS.
17 (1) Bonds of an authority shall be authorized by resolution of its board and may be
18 issued in one (1) or more series and shall bear such date or dates, mature at such time or times
19 not exceeding the term of the tax imposed under this chapter for repayment of the bonds, bear
20 interest at such rate or rates as the board shall approve, be in such denomination or
21 denominations, be in such form, either coupon or registered, carry such conversion or
22 registration privileges, have such rank or priority, be executed in such manner, be payable in
23 such medium of payment, at such place or places, and be subject to such terms of redemption,
24 with or without premium as such resolution, its trust indenture, or the bonds so issued, may
25 provide.
26 (2) The bonds may be sold at public or private sale at such price or prices, in such
27 manner, and at such times as determined by the board, and the board may pay all fees, expenses,
28 and commissions that it deems necessary or advantageous in connection with the sale of the
29 bonds.
30 (3) In case any of the board members or officers of the authority whose signatures appear
31 on any bonds or coupons shall cease to be a board member or officer before the delivery of such
32 bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if
33 such board member or officer had remained in office until such delivery. Any provision of any
34 law to the contrary notwithstanding, any bonds issued pursuant to this chapter shall be fully
35 negotiable.
36 (4) In any suit, action or proceeding involving the validity or enforceability of any bond
37 of an authority or the security thereof, any such bond, reciting, in substance, that it has been
38 issued by the authority for purposes of financing the region's public transportation system, shall
39 be conclusively deemed to have been issued for such purposes in accordance with the provisions
40 of this chapter.
41
42 40-2118. ELECTION TO AUTHORIZE BONDS.
43 (1) Whenever the board shall deem it advisable to issue the bonds of the authority, the
44 board shall provide for the same by resolution, which shall specify and set forth all the purposes
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1 and objects of such bonds. The resolution shall also provide for holding an election at a time
2 specified in section 34-106, Idaho Code, for which thirty (30) days' notice shall be given in the
3 official newspaper of each county within the boundaries of the region. The voting at such
4 elections shall be by ballot, and the ballot used shall be substantially as follows: "In favor of
5 issuing bonds to the amount of ..... dollars for the purpose stated in resolution no......," and
6 "Against issuing bonds to the amount of ..... dollars for the purpose stated in resolution no......".
7 The election may be held in connection with any election to authorize or re -authorize a sales and
8 use tax pursuant to this chapter.
9 (2) If two-thirds (2/3) of the qualified electors voting at such election assent to the
10 issuing of such bonds and the incurring of the indebtedness thereby created for the purpose
11 aforesaid, such bonds shall be issued in the manner provided in this chapter.
12
13 40-2119. POWERS TO SECURE PAYMENT OF BONDS. In connection with
14 the issuance of bonds or the incurring of obligations under leases in order to secure the payment
15 of such bonds or obligations, an authority, in addition to its other powers, shall have power to:
16 (1) Pledge all or any part of its revenues to which its right then exists, or may thereafter
17 come into existence.
18 (2) Mortgage all or any part of its real or personal property then owned or thereafter
19 acquired.
20 (3) Covenant against pledging all or any part of its revenues or property; to covenant
21 with respect to limitations on its right to sell, lease or otherwise dispose of any project or any
22 part thereof; and to covenant as to what other, or additional debts or obligations may be incurred
23 by it.
24 (4) Covenant as to the bonds to be issued and as to the issuance of such bonds in escrow
25 or otherwise, and as to the use and disposition of the proceeds thereof; to provide for the
26 replacement of lost, destroyed or mutilated bonds; to covenant against extending the time for the
27 payment of its bonds or interest thereon; and to redeem the bonds, and to covenant for the
28 redemption and to provide the terms and conditions thereof.
29 (5) Covenant, subject to the limitations contained in this chapter, as to the revenues to be
30 received by the authority and as to the use and disposition to be made thereof; to create or to
31 authorize the creation of special funds for moneys held for construction or operating costs, debt
32 service, reserves or other purposes; and to covenant as to the use and disposition of the moneys
33 held in such funds.
34 (6) Prescribe the procedure, if any, by which the terms of any contract with bondholders
35 may be amended or abrogated, the amount of bonds the holders of which must consent thereto
36 and the manner in which such consent may be given.
37 (7) Covenant as to the use of any or all of its real or personal property; and to covenant
38 as to the maintenance of its real and personal property, the replacement thereof, the insurance to
39 be carried thereon and the use and disposition of insurance moneys.
40 (8) Covenant as to the rights, liabilities, powers and duties arising upon the breach by it
41 of any covenant, condition or obligation; and to covenant and prescribe as to default and terms
42 and conditions upon which any or all of its bonds or obligations shall become or may be declared
43 due before maturity, and to the terms and conditions upon which such declaration and its
44 consequences may be waived.
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1 (9) Vest, in trustee or trustees or the holders of bonds or any portion of them, the right to
2 enforce the payment of the bonds or any covenants securing or relating to the bonds; to vest in a
3 trustee or trustees the right, in the event of a default by said authority, to take possession of any
4 project or part thereof, and so long as said authority shall continue in default, to retain such
5 possession and use, to operate and manage said project, and to collect the rents and revenues
6 rising there from and to dispose of such moneys in accordance with the agreement of the
7 authority with said trustee, to provide for the powers and duties of a trustee or trustees and to
8 limit the liabilities thereof; and to provide the terms and conditions upon which the trustee or
9 trustees or the holders of bonds or any portion of them, may enforce any covenant or rights
10 securing or relating to the bonds.
11 (10) Exercise all or any part or combination of the powers herein granted; to make
12 covenants other than and in addition to the covenants herein expressly authorized, of like or
13 different character; to make such covenants as will tend to make the bonds more marketable,
14 notwithstanding that such covenants, acts or things may not be enumerated herein.
15
16 40-2120. LIMITATION ON AMOUNT OF BONDS AND REVENUES
17 PLEDGED. Notwithstanding the provisions of sections 40-2115 through 40-2118, Idaho Code,
18 no authority shall have outstanding at any time an amount of bonds that requires more than
19 twenty percent (20%) of the authority's revenues in such year to pay the highest amount of
20 principal and interest on the bonds coming due in any year thereafter to and including the
21 maturity date of the bonds.
22
23 40-2121. RIGHTS OF OBLIGEES - MANDAMUS - INJUNCTION. An
24 obligee of an authority shall have the right, in addition to all other rights which may be conferred
25 on such obligee, subject only to any contractual restrictions binding upon such obligee:
26 (1) By mandamus, suit, action or proceedings at law or in equity, to compel said
27 authority and the board, officers, agents or employees thereof to perform each and every term,
28 provision and covenant contained in any contract of said authority, with or for the benefit of such
29 obligee, and to require the carrying out of any or all such covenants and agreements of said
30 authority and the fulfillment of all duties imposed upon said authority by this chapter.
31 (2) By suit, action or proceeding in equity, to enjoin any acts which may be unlawful, or
32 the violation of any of the rights of such obligee of said authority.
33
34 40-2122. SWAPS. In connection with, or incidental to, the issuance or carrying of
35 bonds, but only for the purpose of reducing the amount or duration of payment, interest rate,
36 spread or similar risk, or to result in a lower cost of borrowing, and not for the purposes of
37 investment or speculation, the authority may enter into contracts, which the authority determines
38 to be necessary or appropriate, to hedge such risk or to place the obligation of the bonds, in
39 whole or in part, on the interest rate, cash flow, or other basis desired by the authority, including
40 without limitation, contracts commonly known as interest rate swap agreements, interest rate
41 caps or floors, forward payment conversion agreements, futures or hedge contracts.
42
43 40-2123. ELECTIONS.
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1 (1) With respect to the contest of any tax or bond election held pursuant to this chapter,
2 the provisions of section 34-2001A, Idaho Code, shall be applicable to the same effect as if the
3 election were a bond election conducted by a county and a contest of same were being pursued in
4 accordance with the provisions of section 34-2001A, Idaho Code.
5 (2) The costs of all elections provided for pursuant to this chapter shall be paid equally
6 as between cities, counties and highway districts within the region of any authority, with pro rata
7 allocation within the cities, counties and highway districts as they may determine amongst
8 themselves.
9
10 40-2124. EXEMPTION FROM TAXATION. The state of Idaho declares that
11 authorities shall be required to pay no taxes or assessments upon any of the property acquired by
12 them or under their respective jurisdiction, control, possession, or supervision or upon the
13 activities of authorities in the operation and maintenance of projects and services, or upon any
14 revenues received by authorities, or upon special fuels used in motor vehicles owned or leased
15 and operated by authorities, and that the bonds of authorities and the income there from shall at
16 all times be exempt from taxation. Authorities created pursuant to this chapter shall be exempt
17 from the sales and use tax imposed under the provisions of 63-3621, Idaho Code, and shall be
18 entitled to such credits and refunds as other political subdivisions of the state of Idaho are
19 entitled under section 63-2423, Idaho Code.
20
21 40-2125. ALLOCATION FROM STATE HIGHWAY ACCOUNT NOT
22 AFFECTED. Moneys allocable to any city, county or highway district from the state highway
23 account shall not be increased or decreased as a result of the creation of a tax under this chapter.
24
25 40-2126. SEVERABILITY. The provisions of this chapter are hereby declared to
26 be severable and if any provision of this chapter or the application of such provision to any
27 person or circumstance is declared invalid for any reason, such declaration shall not affect the
28 validity of the remaining portions of this chapter.
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