Idaho State Statutes - Idaho Attorney Directory

In addition to the powers which it may now have, any
city shall have power under and subject to the following provisions:
(a) To acquire by gift or purchase and to construct, reconstruct,
improve, better or extend any works within or without the city, or partially
within or partially without the city, or within any part of the city, and
acquire by gift or purchase lands or rights in lands or water rights in
connection therewith, including easements, rights-of-way, contract rights,
leases, franchises, approaches, dams and reservoirs; to sell excess or surplus
water under such terms as are in compliance with section 42-222, Idaho Code,
and deemed advisable by the city; to lease any portion of the excess or
surplus capacity of any such works to any party located within or without the
city, subject to the following conditions: that such capacity shall be
returned or replaced by the lessee when and as needed by such city for the
purposes set forth in section 50-1028, Idaho Code, as determined by the city;
that the city shall not be made subject to any debt or liability thereby; and
the city shall not pledge any of its faith or credit in aid to such lessee;
(b) To rehabilitate existing electric generating facilities;
(c) To exercise the right of eminent domain for any of the works,
purposes or uses provided by this act, in like manner and to the same extent
as provided in section 7-720, Idaho Code;
(d) To operate and maintain any works or rehabilitated existing
electrical generating facilities within or without the boundaries of the city,
or partially within or without the boundaries of the city, or within any part
of the city;
(e) To issue its revenue bonds hereunder to finance, in whole or in part,
the cost of the acquisition, construction, reconstruction, improvement,
betterment or extension of any works, or to finance, in whole or in part, the
cost of the rehabilitation of existing electrical generating facilities;
(f) To prescribe and collect rates, fees, tolls or charges, including the
levy or assessment of such rates, fees, tolls, or charges against governmental
units, departments or agencies, including the state of Idaho and its
subdivisions, for the services, facilities and commodities furnished by such
works, or by such rehabilitated existing electrical generating facilities, and
to provide methods of collections and penalties, including denial of service
for nonpayment of such rates, fees, tolls or charges;
(g) To pledge an amount of revenue from such works or rehabilitated
existing electrical generating facilities (including improvement, betterment
or extensions thereto, thereafter constructed or acquired) sufficient to pay
said bonds and interest as the same shall become due, and to create and
maintain reasonable reserves therefor. Such amount may consist of all or any
part or portion of such revenues. In determining such cost, there may be
included all costs and estimated costs of the issuance of said bonds; all
engineering, inspection, fiscal and legal expenses and interest which it is
estimated will accrue during the construction period and for six (6) months
thereafter on money borrowed or which it is estimated will be borrowed
pursuant to sections 50-1027 through 50-1042, Idaho Code, and the costs of any
bond reserve funds or working capital deemed necessary in connection with the
bond issue;
(h) In the procurement of off-street parking sites, facilities, equipment
and appurtenances, any city shall have power, in addition to those heretofore
conferred, to pledge the net revenues to be derived from on-street parking
facilities not otherwise pledged, to be combined with the rates, fees, tolls
and charges to be derived from the operation of off-street parking facilities,
after the payment of all operative and maintenance costs, to the payment of
revenue bonds and interest thereon issued under the authority of the revenue
bond act;
(i) To issue bonds for the purpose of refunding any bonds theretofore
issued under authority of the revenue bond act and to pay accrued interest and
applicable redemption premiums on the bonds to be refunded, if the bonds to be
refunded are due, callable or redeemable by their terms on or prior to the
date that the refunding bonds are issued, or will become due, callable or
redeemable by their terms within twelve (12) months thereafter, or if the
bonds to be refunded, even though not becoming due, callable or redeemable
within such period, are voluntarily surrendered by the holders thereof, for
cancellation at the time of the issuance of the refunding bonds. All or part
of any issue may be refunded and all or part of several issues may be refunded
into a single issue of refunding bonds. There may be included with the
refunding bonds, as part of a single issue, or in combination in one or more
series, bonds for any other purpose or purposes for which bonds are authorized
to be issued under the revenue bond act. Refunding bonds shall be issued and
secured in such manner as may be provided in the proceedings authorizing their
issuance and as otherwise provided in the revenue bond act, and such changes
may be made in the security and revenue pledged to the payment of the bonds so
refunded, as provided by the governing body in the proceedings authorizing
such bonds. No election on the issuance of refunding bonds shall be required,
but if by an increase in the amount of bonds or by changes in the security or
pledged revenues, the requirements of the constitution for an election shall
become applicable, or if refunding bonds are combined into a single issue with
bonds authorized for nonrefunding purposes, then such bonds with changes in
security or revenues, or such bonds in excess of the amount of bonds refunded,
as the case may be, must have been approved at an election as otherwise
provided in the revenue bond act and the constitution. Refunding bonds may be
exchanged for not less than a like principal amount of bonds authorized to be
refunded, may be sold, or may be exchanged in part and sold in part. If sold,
the proceeds of the sale, not required for the payment of expenses, and in any
event, in an amount sufficient to assure the retirement of the bonds
refundable, when such bonds become available for retirement, if not applied to
a simultaneous payment and cancellation of the bonds refunded shall be
escrowed with a bank or trust company and may be invested in United States
government obligations or in obligations unconditionally guaranteed by the
United States of America in such manner as may be provided in the authorizing
proceedings.

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