Title 70 — WATERCOURSES AND PORT DISTRICTS

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 an…

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 …

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 …

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 deposi…

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…

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 a…

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…

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 b…

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 plac…

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 …

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 d…

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,…

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 confor…

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…

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 co…

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…

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 acc…

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 …

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 ap…

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 coup…

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 relat…

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, c…

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 …

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 o…

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…

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 suc…

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 ame…

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…

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 deve…

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 …

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…

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.

70-1912. 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 fil…

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 i…

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 wh…

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 distric…

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 corporat…

70-2004. Short title. This act may be cited as the "Port District Law."

70-2101. Short title. This act may be referred to and cited as the "Idaho Port District Economic Development Financing Act."

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 enco…

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, copartners…

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 ma…

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…

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 pr…

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…

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 t…

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 sta…

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 …

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 r…

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 c…