Title 70, WATERCOURSES AND PORT DISTRICTS

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…

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 i…

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…

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 …

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…

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 po…

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 easement…

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 …

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 …

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 commis…

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 …

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. A…

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 …

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 al…

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 c…

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 U…

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…

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…

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…

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) publicatio…

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.

70-1605. 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 w…

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 …

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, custome…

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 regula…

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 ther…

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 …

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 s…

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, …

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 thereafte…

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…

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.

70-1616. 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…

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…

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 …

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 whi…

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 grave…

70-1701. FISCAL YEAR. The fiscal year of all port districts shall begin on the first day of July in each year.

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 int…

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.

70-1704. 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 shal…

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.

70-1706. 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 indebtedn…

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 o…

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 …

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…