• Home
• About
• Archives
• Subscribe
• Contact

City Government

Cities Seek More Authority Without Oversight

 February 13, 2011 ⋅  Post a comment

While at least 7 bills are pending in the Idaho Legislature aimed at limiting Urban Renewal by allowing citizens to vote on board members and creation of districts, Idaho”s cities are pushing for a law allowing “Intermodal Commerce Authorities” with no voter control.

SB 1060 passed the Senate Friday and is headed for the House. The GUARDIAN doesn’t oppose a healthy economy, jobs, or even “intermodal transportation centers.” We just feel these major public projects need to have public approval for the long term debt. Like current urban renewal agencies, these Intermodal Commerce Authorities would be autonomous agencies with authority to take even more property off the tax rolls to benefit a few businesses.

The idea is to create “land ports” that will have authority– like airports just got–to purchase, acquire, build, expand, buy, sell land, facilities, etc. through sale of public bonds. The aim is to construct freight warehouses and other commercial business facilities that will be TAX EXEMPT all under the guise of creating jobs and stimulating the economy.

It really is sad that cities have not only their “bully pulpits” with public releations staffers, but funds for association memberships that lobby, paid lobbyists (Boise has a stable of outside PR contracts and consulting firms doing surveys) to stealthily lay the foundation for pet projects DESIGNED to operate with no citizen oversight. It is wrong, it is sneaky and the legacy media needs to report on this legislation before it passes the house.

Take a look at SB 1060 below. If these projects were worthwhile, private businesses would gladly make the investment.

LEGISLATURE OF THE STATE OF IDAHO
Sixty-first Legislature First Regular Session – 2011
IN THE SENATE
SENATE BILL NO. 1060
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO INTERMODAL COMMERCE AUTHORITIES; AMENDING THE HEADING FOR
3 CHAPTER 22, TITLE 70, IDAHO CODE, TO READ “COUNTY-BASED OR CITY-BASED
4 INTERMODAL COMMERCE AUTHORITY”; AMENDING SECTION 70-2201, IDAHO CODE,
5 TO PROVIDE FOR AUTHORITY OF A CITY-BASED INTERMODAL COMMERCE AUTHORITY
6 AND TO PROVIDE THAT AN INTERMODAL AUTHORITY MAY BE ESTABLISHED IN ANY
7 INCORPORATED CITY; AMENDING SECTION 70-2202, IDAHO CODE, TO PROVIDE FOR
8 PURPOSES OF A CITY-BASED INTERMODAL AUTHORITY AND TO REVISE A PROVISION
9 RELATING TO A PURPOSE OF A COUNTY-BASED INTERMODAL COMMERCE AUTHORITY;
10 AMENDING SECTION 70-2203, IDAHO CODE, TO CREATE IN EACH COUNTY AND IN
11 EACH INCORPORATED CITY AN INTERMODAL COMMERCE AUTHORITY, TO PROVIDE
12 THAT NO CITY SHALL EXERCISE CERTAIN AUTHORITY UNTIL AFTER CITY COUNCIL
13 MEMBERS HAVE ADOPTED A RESOLUTION WITH CERTAIN FINDINGS, TO PROVIDE
14 THAT UPON A CITY MAKING SUCH FINDINGS THE INTERMODAL COMMERCE AUTHORITY
15 IS AUTHORIZED TO TRANSACT CERTAIN BUSINESS AND EXERCISE CERTAIN POWERS,
16 TO PROVIDE THAT AN INTERMODAL AUTHORITY MAY BE ABOLISHED AND TO PROVIDE
17 THAT ANY INTERMODAL AUTHORITY EXISTING AS OF A CERTAIN DATE IS VALI18
DATED; AMENDING SECTION 70-2204, IDAHO CODE, TO PROVIDE THAT THE POWERS
19 OF EACH INTERMODAL AUTHORITY ARE VESTED IN COMMISSIONERS, TO PROVIDE
20 THAT EACH INTERMODAL AUTHORITY MUST ELECT A CHAIRMAN AND VICE-CHAIRMAN
21 AND TO REVISE PROVISIONS RELATING TO A CERTAIN FILING; AMENDING SECTION
22 70-2205, IDAHO CODE, TO PROVIDE THAT A CITY FOR WHICH AN INTERMODAL
23 AUTHORITY HAS BEEN CREATED MAY DEDICATE, SELL, CONVEY OR LEASE CERTAIN
24 INTERESTS OR GRANT EASEMENTS, LICENSES OR OTHER RIGHTS OR PRIVILEGES TO
25 THE INTERMODAL AUTHORITY, MAY COOPERATE WITH THE INTERMODAL AUTHORITY
26 IN CERTAIN PLANNING AND MAY ENTER INTO CERTAIN AGREEMENTS WITH THE IN27
TERMODAL AUTHORITY; AMENDING SECTION 70-2206, IDAHO CODE, TO PROVIDE
28 THAT AN INTERMODAL AUTHORITY SHALL HAVE THE POWERS PROVIDED TO IT BY A
29 LOCAL COUNTY OR CITY GOVERNING BODY AND TO REVISE A PROVISION RELATING
30 TO SUCH POWERS; AMENDING SECTION 70-2210, IDAHO CODE, TO PROVIDE THAT A
31 CERTAIN NOTICE BE POSTED IN A CITY AND PUBLISHED IN A NEWSPAPER WITHIN
32 SUCH CITY; AMENDING SECTION 70-2211, IDAHO CODE, TO PROVIDE THAT THE IN33
TERMODAL AUTHORITY MAY EXERCISE CERTAIN POWERS AUTHORIZED BY A CITY FOR
34 THE SECURITY OF CERTAIN BONDS, TO PROVIDE THAT THE INTERMODAL AUTHORITY
35 WITH THE APPROVAL OF THE GOVERNING BODY OF THE CITY THAT CREATED THE AU36
THORITY MAY PLEDGE, LEASE, SELL, MORTGAGE OR GRANT A SECURITY INTEREST
37 IN ALL OR ANY PORTION OF ITS INTERMODAL AUTHORITY; AND AMENDING SECTION
38 70-2213, IDAHO CODE, TO PROVIDE THAT CERTAIN CITY MONEY ACCEPTED BY AN
39 INTERMODAL AUTHORITY MUST BE ACCEPTED AND SPENT BY THE INTERMODAL AU40
THORITY UPON TERMS AND CONDITIONS PRESCRIBED BY THE GOVERNING CITY.
41 Be It Enacted by the Legislature of the State of Idaho:
42 SECTION 1. That the Heading for Chapter 22, Title 70, Idaho Code, be,
43 and the same is hereby amended to read as follows:
2
1 CHAPTER 22
2 COUNTY-BASED OR CITY-BASED INTERMODAL COMMERCE AUTHORITY
3 SECTION 2. That Section 70-2201, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 70-2201. COUNTY-BASED OR CITY-BASED INTERMODAL COMMERCE AUTHORITY
6 AUTHORIZED. The A county-based or city-based intermodal commerce authority,
7 hereinafter referred to as the intermodal authority, is hereby authorized
8 to acquire, construct, maintain, operate, develop and regulate rail, truck,
9 and other on-land transfer and terminal facilities, buildings, warehouses
10 and storage facilities, manufacturing, industrial and economic development
11 facilities and services, reasonably incident to a modern, efficient and com12
petitive land-based port, and may be established according to this chapter
13 in any county or incorporated city.
14 SECTION 3. That Section 70-2202, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 70-2202. PURPOSE — PUBLIC AND GOVERNMENT FUNCTIONS. The purposes of a
17 county-based or city-based intermodal authority are to:
18 (1) Promote, stimulate and advance the commerce, economic development,
19 and prosperity of its jurisdiction and of the state;
20 (2) Endeavor to increase the volume of commerce within the jurisdic21
tion of the county-based intermodal commerce authority or city through plan22
ning, advertising, acquisition, establishment, development, construction,
23 improvement, maintenance, operation, regulation, and protection of trans24
portation, storage, and other facilities that promote economic handling of
25 commerce;
26 (3) Cooperate and act in conjunction with other organizations, either
27 public or private, in the development of commerce, industry, manufacturing,
28 services, natural resources, agriculture, livestock, recreation, and other
29 economic activity in the state; and
30 (4) Support the creation, expansion, modernization, retention, and re31
location of new and existing businesses and industries, and assist in and
32 support the growth of all kinds of economic activity that will tend to pro33
mote commerce and business development, maintain the economic stability and
34 prosperity of its jurisdiction and of the state.
35 SECTION 4. That Section 70-2203, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 70-2203. ESTABLISHMENT AND ABOLISHMENT. (1) There is hereby created
38 in each county and incorporated city an independent public body, corporate
39 and politic, to be known as an local county-based intermodal commerce au40
thority.
41 (2) No intermodal commerce authority and no county or city shall ex42
ercise the authority hereafter conferred by this chapter until after the
43 county commissioners or city council members, after a public hearing, have
44 adopted a resolution finding that:
3
1 (a) There are conditions in the county or city which will be benefited
2 by the intermodal commerce authority to further the purposes set forth
3 in section 70-2202, Idaho Code; and
4 (b) The county commissioners or city council members have reason to be5
lieve that the citizens of the county or city are supportive of the in6
termodal commerce authority.
7 (3) Upon the county or city making the findings set forth in subsec8
tion (2) of this section, the intermodal commerce authority is authorized to
9 transact the business and exercise the powers hereunder by a board of commis10
sioners to be appointed or designated as provided in section 70-2204, Idaho
11 Code.
12 (4) After the establishment of an intermodal authority, any county or
13 city may by resolution or ordinance, after a public hearing, abolish the
14 county-based intermodal commerce authority provided that the payment of
15 any bonds or other obligations of the intermodal authority shall not be ad16
versely affected by such action.
17 (5) Notwithstanding any other provision of this section to the con18
trary, any county-based intermodal authority existing as of July 1, 2006, is
19 hereby validated.
20 SECTION 5. That Section 70-2204, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 70-2204. COMMISSIONERS. (1) The powers of each intermodal authority
23 are vested in the commissioners thereof. The resolution or ordinance set24
ting forth the findings as provided in section 70-2203(2), Idaho Code, shall
25 create the authority and shall include provisions for appointing a board of
26 not fewer than three (3) commissioners for the authority to staggered terms
27 and requiring bylaws for governance of the authority. A majority of the com28
missioners of an authority constitutes a quorum for the purpose of conduct29
ing business of the authority and exercising its powers for all other pur30
poses. Action may be taken by the intermodal authority upon a vote of not
31 less than a majority of the commissioners present for a meeting of the au32
thority.
33 (2) Each local county-based intermodal commerce authority must elect
34 a chairman and vice-chairman from among the commissioners at a time and for
35 terms as set out in the respective resolution or ordinance.
36 (3) An intermodal authority may employ such other officers, agents, and
37 employees, permanent or temporary, as it may require. Commissioners shall
38 determine necessary qualifications, duties and compensation for officers,
39 agents and employees. An intermodal authority may delegate to one (1) or
40 more of its agents or employees such powers or duties as it considers proper.
41 (4) A commissioner of an intermodal authority is entitled to receive
42 reimbursement for expenses for travel and the discharge of his or her duties
43 according to the policies of the governing body.
44 (5) For inefficiency or neglect of duty or misconduct in office, a com45
missioner may be removed only after a hearing and after such commissioner has
46 been given a copy of the charges at least ten (10) days prior to such hearing
47 and has had the opportunity to be heard in person or by counsel.
48 (6) Each commissioner shall hold office until his successor has been
49 appointed and has qualified. A certificate of the appointment or reappoint4
1 ment of any commissioner shall be filed with the clerk of the county or the
2 city clerk, as appropriate, and such certificate shall be conclusive evi3
dence of the due and proper appointment of such commissioner.
4 SECTION 6. That Section 70-2205, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 70-2205. COOPERATION OF COUNTY OR CITY. (1) For the purpose of cooper7
ating in the planning, establishment, construction or operation of an inter8
modal authority or any of its facilities, any governing body of the respec9
tive county or city for which an intermodal authority has been created may,
10 upon such terms, with or without consideration, as it may determine:
11 (a) Dedicate, sell, convey or lease any of its interest in any property
12 or facility or grant easements, licenses, or any other rights or privi13
leges therein to the intermodal authority;
14 (b) Cooperate with the intermodal authority in the planning of an in15
termodal authority and its facilities; and
16 (c) Enter into agreements with the intermodal authority respecting ac17
tion to be taken by the county or city pursuant to the provisions of this
18 section.
19 (2) After a public hearing, any sale, conveyance, lease or agreement
20 provided for in this section may be made by a public body.
21 SECTION 7. That Section 70-2206, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 70-2206. GENERAL POWERS OF A COUNTY-BASED OR CITY-BASED INTERMODAL
24 COMMERCE AUTHORITY. An intermodal authority shall have the powers provided
25 to it by a local county or city governing body including:
26 (1) Have perpetual succession unless abolished as provided in this
27 chapter;
28 (2) Sue and be sued;
29 (3) Have a seal;
30 (4) Execute contracts and other instruments and take other action that
31 may be necessary or convenient to carry out the purposes of this chapter;
32 (5) Plan, establish, acquire, develop, construct, purchase, enlarge,
33 improve, modify, maintain, equip, operate, regulate and protect transporta34
tion, storage, or other facilities or other personal property necessary or
35 convenient to carry out the purposes of this chapter;
36 (6) Acquire any land or interest in land. All land and other property
37 and privileges acquired and used by or on behalf of any intermodal authority
38 must be used for intermodal authority purposes. The property of an inter39
modal authority acquired or held for the purposes of this chapter is declared
40 to be public property used for essential public and governmental purposes
41 and, effective the date an intermodal authority acquires title to such prop42
erty, it shall be exempt from all taxes of the municipality, the county, the
43 state or any political subdivision thereof; provided, that such tax exemp44
tion shall terminate when the authority sells or otherwise disposes of such
45 property for development to a purchaser that is not a public body entitled to
46 tax exemption with respect to such property. As specified in this chapter, a
5
1 port authority may pledge, lease, sell, or mortgage all or any part of its fa2
cilities to secure bonds or for other financing purposes;
3 (7) Recommend to the county or city that created it, comprehensive
4 county-based or city intermodal commerce authority zoning regulations in
5 accordance with the laws of this state and the county or city governing body;
6 and
7 (8) Provide financial and other support to corporations or other busi8
ness entities or organizations under the provisions of Idaho law, whose pur9
pose is to promote, stimulate, develop and advance the economic development
10 and prosperity of its jurisdiction and of the state and its citizens by stim11
ulating, assisting in, and supporting the growth of all kinds of economic
12 activity, including the creation, expansion, modernization, retention, and
13 relocation of new and existing businesses and industry in the state, all of
14 which will tend to promote business development, maintain the economic sta15
bility and prosperity of the state, and thus provide maximum opportunities
16 for employment and improvement in the standards of living of citizens of the
17 state.
18 SECTION 8. That Section 70-2210, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 70-2210. PROPERTY — DISPOSAL. (1) Except as may be limited by the
21 terms and conditions of any grant, loan or agreement entered into by the
22 intermodal authority, notwithstanding the provisions in title 31, Idaho
23 Code, an intermodal authority may, after a public hearing, sell, lease with
24 a provision containing the right to transfer title or otherwise dispose of
25 any transportation, storage or other facility or other property or portion
26 of or interest in the intermodal authority’s facility or property acquired
27 pursuant to this chapter.
28 (2) Notice of the public hearing shall be posted at least fourteen (14)
29 days prior to the date of the hearing in at least one (1) conspicuous place
30 in the county or city to be determined by the commissioners of the authority.
31 A copy of such notice shall also be published in a daily or weekly newspaper
32 published within such county or city in one (1) issue thereof at least four33
teen (14) days prior to the date of the hearing. The place, hour and day of
34 such hearing shall be specified in the notice.
35 SECTION 9. That Section 70-2211, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 70-2211. BONDS AND OBLIGATIONS. (1) An intermodal authority may bor38
row money for any of its lawful purposes and shall have the power to issue
39 bonds from time to time in its discretion to finance the undertaking of any
40 project or purpose under this chapter. Bonds shall be payable out of any rev41
enue of the intermodal authority, including revenue derived from:
42 (a) Any transportation, storage or other facility;
43 (b) Grants or appropriations from federal, state or local governments;
44 or
45 (c) Other sources.
46 (2) The bonds may be issued by resolution of the intermodal authority
47 without any limitation of amount, except that bonds may not be issued at any
6
1 time if the total amount of principal and interest to become due in any year
2 on the bonds and on any then outstanding bonds for which revenue from the same
3 source is pledged exceeds the amount of revenue to be received in that year,
4 as estimated in the intermodal authority order authorizing the issuance of
5 the bonds. The intermodal authority shall take all action necessary and pos6
sible to impose, maintain, and collect rates, charges and rentals sufficient
7 to make the revenue from the pledged source in such year at least equal to the
8 amount of principal and interest due in that year.
9 (3) The bonds may be sold at public or private sale and shall bear inter10
est at such rate or rates as the issuing intermodal authority respectively
11 shall determine. Except as otherwise provided in this chapter, any bonds is12
sued pursuant to this chapter by an intermodal authority shall be payable as
13 to principal and interest solely from revenue of the intermodal authority or
14 from particular transportation, storage or other facilities of the inter15
modal authority. The bonds must state on their face the applicable limita16
tions or restrictions regarding the source from which principal and interest
17 are payable. In no circumstance shall the bonds be payable with a property
18 tax.
19 (4) Bonds issued by an intermodal authority pursuant to the provisions
20 of this chapter are declared to be issued for an essential public and gov21
ernmental purpose and together with interest thereon and income therefrom,
22 shall be exempted from all state and local taxes.
23 (5) For the security of bonds, the intermodal authority may by reso24
lution make and enter into any covenant, agreement or indenture and may ex25
ercise any additional powers authorized by a county or city. The sums re26
quired from time to time to pay principal and interest and to create and main27
tain a reserve for the bonds may be paid from any revenue referred to in this
28 chapter, prior to the payment of current costs of operation and maintenance
29 of the facilities. As further security for the bonds, the intermodal au30
thority, with the approval of the governing body of the county or city that
31 created the authority, may pledge, lease, sell, mortgage, or grant a secu32
rity interest in all or any portion of its land-based port intermodal author33
ity, transportation, storage or other facilities, whether or not the facili34
ties are financed by the bonds. The instrument effecting the pledge, lease,
35 sale, mortgage, or security interest may contain any agreements and provi36
sions customarily contained in instruments securing bonds, as the commis37
sioners of the intermodal authority consider advisable. The provisions must
38 be consistent with this chapter and are subject to and must be in accordance
39 with the laws of this state governing mortgages, trust indentures, security
40 agreements, or instruments. The instrument may provide that in the event of
41 a default in the payment of principal or interest on the bonds or in the per42
formance of any agreement contained in the proceedings authorizing the bonds
43 or instrument, the payment or performance may be enforced by the appoint44
ment of a receiver in equity. The receiver may collect charges, rents or fees
45 and may apply the revenue from the mortgaged property or collateral in accor46
dance with the provisions of the instrument.
47 (6) Nothing in this section may be construed to limit the use of inter48
modal authority revenue, including federal, state and local money to make
49 grants and loans or to otherwise provide financial and other support to a
50 private intermodal authority, including corporations and business entities
7
1 operating under the provisions of Idaho law. The credit of the state, county
2 or municipal governments or their agencies or authorities may not be pledged
3 to provide financial support to the intermodal authority.
4 SECTION 10. That Section 70-2213, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 70-2213. FEDERAL, STATE AND LOCAL MONEY. An intermodal authority may
7 accept, receive, receipt for, and spend federal, state and local money and
8 other public or private money made available by grant, loan or appropriation
9 to accomplish any of the purposes of this chapter and according to condi10
tions of the grant, loan or appropriation. All federal money accepted under
11 this section must be accepted and spent by the authority upon terms and con12
ditions prescribed by the United States and consistent with state law. All
13 state money accepted under this section must be accepted and spent by the in14
termodal authority upon terms and conditions prescribed by the state. All
15 county or city money accepted under this section must be accepted and spent
16 by the intermodal authority upon terms and conditions prescribed by the gov17
erning county or city.

To insure more advertising-free Boise Guardian news, please consider financial support.