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S1057aaH...................................by LOCAL GOVERNMENT AND TAXATION
REAL PROPERTY - CITIES - Amends, repeals and adds to existing law to
provide a comprehensive scheme to govern the conveyance of real property
owned by a city, the appraisal of the property, terms of sale, disposition
of the proceeds and authority to lease real and personal property.
02/01 Senate intro - 1st rdg - to printing
02/02 Rpt prt - to Loc Gov
02/08 Rpt out - rec d/p - to 2nd rdg
02/09 2nd rdg - to 3rd rdg
02/15 3rd rdg - PASSED - 17-11-7
AYES -- Andreason, Brandt, Bunderson, Cameron, Darrington, Davis,
Deide, Dunklin, Goedde, Ipsen, Lodge, Risch, Sandy, Sorensen,
Stegner, Thorne, Wheeler,
NAYS -- Boatright, Branch(Bartlett), Burtenshaw, Hawkins, Ingram,
Keough, Noh, Schroeder, Sims, Whitworth, Williams
Absent and excused -- Danielson, Frasure, Geddes, King-Barrutia, Lee,
Richardson, Stennett
Floor Sponsor -- Stegner
Title apvd - to House
02/16 House intro - 1st rdg - to Loc Gov
03/23 Rpt out - to Gen Ord
03/28 Rpt out amen - to 1st rdg as amen
03/29 1st rdg - to 2nd rdg as amen
Rls susp - PASSED - 56-10-4
AYES -- Barraclough, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford,
Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy,
Deal, Denney, Ellsworth, Eskridge, Field(13), Field(20), Gagner,
Gould, Hadley, Hansen, Harwood, Henbest(Farley), Higgins, Hornbeck,
Jaquet, Kellogg, Kendell, Kunz, Mader, Marley, Meyer, Montgomery,
Moss, Moyle, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Tilman,
Trail, Young(Young)
NAYS -- Barrett, Hammond, Lake, Langford, Loertscher, McKague,
Mortensen, Pearce, Sali, Wood
Absent and excused -- Ellis, Jones, Wheeler, Mr. Speaker
Floor Sponsor -- Black
Title apvd - to Senate
03/30 Senate concurred in House amens - to engros
Rls susp - PASSED - 34-0-1
AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Davis, Deide, Dunklin, Frasure, Geddes, Goedde,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh,
Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS -- None
Absent and excused -- Darrington
Floor Sponsor -- Stegner
Title apvd - to enrol
03/30 rpt enrol - Pres signed
Sp signed
04/02 To Governor
04/04 Governor signed
Session Law Chapter 331
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1057
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO CONVEYANCE OF CITY OWNED PROPERTY; AMENDING SECTION 50-1401, IDAHO
3 CODE, TO PROVIDE A STATEMENT OF THE GENERAL AUTHORITY OF THE CITY TO MAN-
4 AGE REAL PROPERTY; AMENDING SECTION 50-1402, IDAHO CODE, TO GOVERN PROCE-
5 DURES FOR DETERMINATION OF VALUE OF PROPERTY; REPEALING SECTIONS 50-1403,
6 50-1404, 50-1405, 50-1406 AND 50-1407, IDAHO CODE; AMENDING CHAPTER 14,
7 TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 50-1403, IDAHO
8 CODE, TO GOVERN DISPOSITION OF REAL PROPERTY AFTER A PUBLIC HEARING;
9 AMENDING CHAPTER 14, TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
10 TION 50-1404, IDAHO CODE, TO SPECIFY TERMS OF SALE TO GOVERN CONTRACTS FOR
11 CONVEYANCE OF CITY PROPERTY; AMENDING CHAPTER 14, TITLE 50, IDAHO CODE, BY
12 THE ADDITION OF A NEW SECTION 50-1405, IDAHO CODE, TO GOVERN THE DISPOSI-
13 TION OF PROCEEDS OF A SALE; AMENDING CHAPTER 14, TITLE 50, IDAHO CODE, BY
14 THE ADDITION OF A NEW SECTION 50-1406, IDAHO CODE, TO GOVERN THE DISPOSI-
15 TION OF EXCESS PROCEEDS UPON DISPOSAL OF LAND ACQUIRED BY FORECLOSURE;
16 AMENDING CHAPTER 14, TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
17 TION 50-1407, IDAHO CODE, TO GOVERN THE POWER OF CITIES TO LEASE ANY REAL
18 OR PERSONAL PROPERTY OF THE CITY; AMENDING SECTION 50-305, IDAHO CODE, TO
19 STRIKE REFERENCE TO OBSOLETE PROVISIONS GOVERNING SALE OF CITY OWNED HOS-
20 PITAL; AND AMENDING SECTION 33-2101A, IDAHO CODE, TO STRIKE REFERENCE TO
21 OBSOLETE PROVISIONS.
22 Be It Enacted by the Legislature of the State of Idaho:
23 SECTION 1. That Section 50-1401, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 50-1401. REALTY REAL PROPERTY OWNED BY CITIES -- METHOD OF SALE CONVEY-
26 ANCE OR EXCHANGE. In all cases where It is the intent of this chapter that
27 cities of the state of Idaho shall have general authority to manage real prop-
28 erty is owned by the city, in ways which the judgment of the city council of
29 each city deems to be in the public interest. Tthe city council shall have the
30 power to sell, exchange or convey, by good and sufficient deed or other appro-
31 priate instrument in writing, any real property owned by the city which is
32 underutilized or which is not used for public purposes, or which has ceased to
33 be used for such purposes.
34 SECTION 2. That Section 50-1402, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 50-1402. APPRAISAL DECLARATION OF VALUE OF PROPERTY. Said property shall
37 first be Whenever the city council proposes to convey, exchange or offer for
38 sale any real property, it shall first declare the value or minimum price, if
39 any, it intends to receive as a result of such conveyance or exchange. The
40 city council may contract for or provide that the property be appraised under
41 such terms and conditions as may be provided deemed appropriate by the city
2
1 council. The declaration, either in the form of a minimum dollar value, or an
2 explanation of an intended exchange or conveyance for other than monetary con-
3 sideration shall be made on the record at a public meeting of the council. The
4 city council may also declare that the subject property will be offered for
5 sale without establishing a minimum price.
6 Following a declaration of intent to sell or exchange real property, the
7 clerk of the city shall publish a summary of the action taken by the city
8 council in the official newspaper of the city and provide notice of a public
9 hearing before the city council. Notice of the public hearing concerning the
10 proposed exchange or conveyance shall be published in the official newspaper
11 of the city at least fourteen (14) days prior to the date of the hearing.
12 SECTION 3. That Sections 50-1403, 50-1404, 50-1405, 50-1406 and 50-1407,
13 Idaho Code, be, and the same are hereby repealed.
14 SECTION 4. That Chapter 14, Title 50, Idaho Code, be, and the same is
15 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
16 ignated as Section 50-1403, Idaho Code, and to read as follows:
17 50-1403. DISPOSITION AFTER HEARING. After a public hearing has been con-
18 ducted, the city council may proceed to exchange, convey or offer for sale the
19 real property in question as it deems appropriate in the public interest. The
20 subject property may be sold or conveyed to a private party or a public entity
21 by negotiated contract, the terms of which shall be a public record, by public
22 auction, oral or written, to the highest bidder, by exchange with a private
23 party or public entity pursuant to terms which shall be a matter of public
24 record, or may be conveyed on such other terms as the city council deems
25 appropriate.
26 SECTION 5. That Chapter 14, Title 50, Idaho Code, be, and the same is
27 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
28 ignated as Section 50-1404, Idaho Code, and to read as follows:
29 50-1404. TERMS OF SALE. Real property may be sold for cash or on contract
30 for a period not exceeding ten (10) years, with a rate of interest on all
31 deferred payments as determined by the city council. The title to all property
32 sold on contract shall be retained in the name of the city until full payment
33 has been made by the purchaser. Any property sold by the city council under
34 the provisions of this section either for cash or on contract, shall be
35 assessed by the county assessor in the same manner and upon the same basis of
36 valuation as though the purchaser held a record title to the property so sold.
37 The city council shall have authority to cancel any contract of sale pursuant
38 to law, and retain all payments paid thereon, if the purchaser shall fail to
39 comply with any of the terms of the contract. The city council may, by agree-
40 ment with the purchaser, modify or extend any of the terms of any contract of
41 sale, but the total period shall not exceed ten (10) years.
42 SECTION 6. That Chapter 14, Title 50, Idaho Code, be, and the same is
43 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
44 ignated as Section 50-1405, Idaho Code, and to read as follows:
45 50-1405. CONVEYANCE -- DISPOSITION OF PROCEEDS. The proceeds received
46 from the sale or exchange of property shall be utilized in a manner consistent
47 with provisions of law regarding revenues received by the city.
3
1 SECTION 7. That Chapter 14, Title 50, Idaho Code, be, and the same is
2 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
3 ignated as Section 50-1406, Idaho Code, and to read as follows:
4 50-1406. DISPOSAL OF LAND ACQUIRED BY FORECLOSURE -- EXCESS PROCEEDS.
5 Should real property be acquired as the result of a foreclosure of any
6 improvement lien, or where a deed has been made and executed by the owner to
7 the city in satisfaction of an improvement lien, and thereafter bring more
8 than is assessed against the same, together with costs and expenses, then the
9 proceeds shall be paid to the owner if his address is known, otherwise, to be
10 placed in the improvement fund for the benefit of which the property was
11 impressed with the lien.
12 SECTION 8. That Chapter 14, Title 50, Idaho Code, be, and the same is
13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
14 ignated as Section 50-1407, Idaho Code, and to read as follows:
15 50-1407. LEASES. The mayor and council may, by resolution, authorize the
16 lease of any real or personal property not otherwise needed for city purposes,
17 upon such terms as the city council determines may be just and equitable.
18 SECTION 9. That Section 50-305, Idaho Code, be, and the same is hereby
19 amended to read as follows:
20 50-305. HOSPITALS -- MAINTENANCE. (1) Any city may acquire, in the manner
21 provided for acquiring other property, by purchase or otherwise, hospital
22 grounds, buildings and equipment, and clinics or other health care facilities,
23 and maintain and operate the same and to provide by general ordinance, rules
24 and regulations for governing the same. Cities acting through their respective
25 city councils may convey or lease city hospitals, and the equipment therein,
26 subject to the following conditions:
27 (a) The entity to which the hospital is to be transferred shall be a non-
28 profit corporation;
29 (b) No lease term shall exceed ninety-nine (99) years;
30 (c) The governing body of the nonprofit corporation must be composed ini-
31 tially of the incumbent members of the board of hospital trustees, as
32 individuals. The articles of incorporation must provide for a membership
33 of the corporation which is:
34 (i) Broadly representative of the public and includes residents of
35 the city; or
36 (ii) A single nonprofit corporate member having articles of incorpo-
37 ration which provide for a membership of that corporation which is
38 broadly representative of the public and includes residents of the
39 city.
40 The articles must further provide for the selection of the governing body
41 by the membership of the corporation, or exclusively by a parent corpora-
42 tion which is the corporate member, with voting power, and not by the gov-
43 erning body itself, except to fill a vacancy for the unexpired term. The
44 articles must further provide that no member of the governing body shall
45 serve more than two (2) consecutive three (3) year terms.
46 (d) The nonprofit corporation must provide care for indigent patients,
47 and receive any person falling sick or maimed within the county.
48 (e) The transfer agreement must provide for the transfer of patients,
49 staff and employees, and for the continuing administration of any trusts
50 or bequests or maintenance of records pertaining to the existing public
4
1 hospital.
2 (f) The transfer or lease agreement shall provide for a transfer or lease
3 price which shall be either of the following:
4 (i) The acceptance of all assets and assumption of all liabilities;
5 or
6 (ii) Such other price as the city council and the nonprofit corpora-
7 tion may agree.
8 (2) If any hospital which has been conveyed pursuant to this section
9 ceases to be used as a nonprofit hospital, unless the premises so conveyed are
10 sold and the proceeds used to erect or enlarge another nonprofit hospital for
11 the city, the hospital so conveyed reverts to the ownership of the city. If
12 any hospital which has been leased pursuant to this section ceases to be used
13 as a nonprofit hospital, the lease shall terminate.
14 (3) The provisions of section 50-1403, Idaho Code, shall apply to trans-
15 actions covered by this section, but all other provisions of chapter 14, title
16 50, Idaho Code, with respect to the sale, lease and disposition of real prop-
17 erty owned by the city, shall not apply to transactions covered by this sec-
18 tion.
19 SECTION 10. That Section 33-2101A, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 33-2101A. JUNIOR COLLEGE SHALL MEAN COMMUNITY COLLEGE. Notwithstanding
22 any other provision of law, in sections 21-805, 21-806, 21-809, 23-404,
23 31-808, 33-101, 33-107, 33-107B, 33-601, 33-1252, 33-2101, 33-2102, 33-2103,
24 33-2104, 33-2105, 33-2106, 33-2107, 33-2107A, 33-2107B, 33-2107C, 33-2108,
25 33-2109A, 33-2110, 33-2110A, 33-2110B, 33-2111, 33-2112, 33-2113, 33-2114,
26 33-2115, 33-2116, 33-2117, 33-2118, 33-2119, 33-2121, 33-2122, 33-2123,
27 33-2124, 33-2125, 33-2126, 33-2130, 33-2135, 33-2137, 33-2138, 33-2139,
28 33-2141, 33-2142, 33-2143, 33-2144, 33-2211, 33-3716, 33-3717, 33-4001,
29 33-4003, 33-4004, 33-4006, 33-4201, 33-4306, 33-4315, 46-314, 50-1405,
30 50-1721, 57-1105A, 59-1324, 59-1371, 59-1374, 67-2320, 67-2322, 67-5309C and
31 67-5332, Idaho Code, the term "junior college" shall mean and shall be denoted
32 as "community college."
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Black
Seconded by Higgins
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO S.B. NO. 1057
1 AMENDMENTS TO SECTION 4
2 On page 2 of the printed bill, in line 19, following "question" delete the
3 remainder of the line; delete all of lines 20 through 25, and insert: ", sub-
4 ject to the restrictions of section 50-1401, Idaho Code. The city council
5 shall be governed by the following provisions:
6 (1) When the property is offered for sale, the property shall be sold at
7 a public auction to the highest bidder and no bids shall be accepted for less
8 than the minimum declared value previously recorded on the record at a public
9 meeting of the council, provided however, if no bids are received, the city
10 council shall have the authority to sell such property as it deems in the best
11 interest of the city.
12 (2) When it is determined by the city council to be in the city's best
13 interest that the property be offered for exchange, the council may do all
14 things necessary to exchange any property owned by the city for real property
15 of equal value pursuant to terms which shall be a matter of public record.
16 (3) When property is purchased, donated or otherwise conveyed to a city
17 and the city has previously used federal funding to acquire the property, with
18 funds specifically designated for the purpose of assisting low- to moderate-
19 income families with decent, safe, affordable housing opportunities, the prop-
20 erty may be sold, donated or otherwise conveyed directly to a low- to
21 moderate-income family, so long as the sale or conveyance is consistent with
22 the applicable federal regulations under which the property was obtained ini-
23 tially. In such instances, the city council shall pass an ordinance stating:
24 (a) That the property was acquired, in whole, with federal funds;
25 (b) That the property is to be sold or otherwise conveyed to a low- to
26 moderate-income family;
27 (c) That the sale or conveyance is consistent with all applicable fed-
28 eral, state or local statutes, laws, regulations and policies; and
29 (d) That the property may be offered for sale, donation or otherwise con-
30 veyed immediately upon the passing of the ordinance.
31 (4) When it is determined by the city council to be in the city's best
32 interest that a transfer or conveyance be made, the city council may, by ordi-
33 nance duly enacted, authorize the transfer or conveyance of any real property
34 owned by such city to any tax supported governmental unit, with or without
35 consideration.
36 (5) When it is determined by the city council to be in the city's best
37 interest, the city may transfer property to a trustee for security purposes,
38 or for purposes of accommodating a transaction, or for funding of construction
39 of capital facilities on city owned property.".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1057, As Amended in the House
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO CONVEYANCE OF CITY OWNED PROPERTY; AMENDING SECTION 50-1401, IDAHO
3 CODE, TO PROVIDE A STATEMENT OF THE GENERAL AUTHORITY OF THE CITY TO MAN-
4 AGE REAL PROPERTY; AMENDING SECTION 50-1402, IDAHO CODE, TO GOVERN PROCE-
5 DURES FOR DETERMINATION OF VALUE OF PROPERTY; REPEALING SECTIONS 50-1403,
6 50-1404, 50-1405, 50-1406 AND 50-1407, IDAHO CODE; AMENDING CHAPTER 14,
7 TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 50-1403, IDAHO
8 CODE, TO GOVERN DISPOSITION OF REAL PROPERTY AFTER A PUBLIC HEARING;
9 AMENDING CHAPTER 14, TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
10 TION 50-1404, IDAHO CODE, TO SPECIFY TERMS OF SALE TO GOVERN CONTRACTS FOR
11 CONVEYANCE OF CITY PROPERTY; AMENDING CHAPTER 14, TITLE 50, IDAHO CODE, BY
12 THE ADDITION OF A NEW SECTION 50-1405, IDAHO CODE, TO GOVERN THE DISPOSI-
13 TION OF PROCEEDS OF A SALE; AMENDING CHAPTER 14, TITLE 50, IDAHO CODE, BY
14 THE ADDITION OF A NEW SECTION 50-1406, IDAHO CODE, TO GOVERN THE DISPOSI-
15 TION OF EXCESS PROCEEDS UPON DISPOSAL OF LAND ACQUIRED BY FORECLOSURE;
16 AMENDING CHAPTER 14, TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
17 TION 50-1407, IDAHO CODE, TO GOVERN THE POWER OF CITIES TO LEASE ANY REAL
18 OR PERSONAL PROPERTY OF THE CITY; AMENDING SECTION 50-305, IDAHO CODE, TO
19 STRIKE REFERENCE TO OBSOLETE PROVISIONS GOVERNING SALE OF CITY OWNED HOS-
20 PITAL; AND AMENDING SECTION 33-2101A, IDAHO CODE, TO STRIKE REFERENCE TO
21 OBSOLETE PROVISIONS.
22 Be It Enacted by the Legislature of the State of Idaho:
23 SECTION 1. That Section 50-1401, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 50-1401. REALTY REAL PROPERTY OWNED BY CITIES -- METHOD OF SALE CONVEY-
26 ANCE OR EXCHANGE. In all cases where It is the intent of this chapter that
27 cities of the state of Idaho shall have general authority to manage real prop-
28 erty is owned by the city, in ways which the judgment of the city council of
29 each city deems to be in the public interest. Tthe city council shall have the
30 power to sell, exchange or convey, by good and sufficient deed or other appro-
31 priate instrument in writing, any real property owned by the city which is
32 underutilized or which is not used for public purposes, or which has ceased to
33 be used for such purposes.
34 SECTION 2. That Section 50-1402, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 50-1402. APPRAISAL DECLARATION OF VALUE OF PROPERTY. Said property shall
37 first be Whenever the city council proposes to convey, exchange or offer for
38 sale any real property, it shall first declare the value or minimum price, if
39 any, it intends to receive as a result of such conveyance or exchange. The
40 city council may contract for or provide that the property be appraised under
41 such terms and conditions as may be provided deemed appropriate by the city
2
1 council. The declaration, either in the form of a minimum dollar value, or an
2 explanation of an intended exchange or conveyance for other than monetary con-
3 sideration shall be made on the record at a public meeting of the council. The
4 city council may also declare that the subject property will be offered for
5 sale without establishing a minimum price.
6 Following a declaration of intent to sell or exchange real property, the
7 clerk of the city shall publish a summary of the action taken by the city
8 council in the official newspaper of the city and provide notice of a public
9 hearing before the city council. Notice of the public hearing concerning the
10 proposed exchange or conveyance shall be published in the official newspaper
11 of the city at least fourteen (14) days prior to the date of the hearing.
12 SECTION 3. That Sections 50-1403, 50-1404, 50-1405, 50-1406 and 50-1407,
13 Idaho Code, be, and the same are hereby repealed.
14 SECTION 4. That Chapter 14, Title 50, Idaho Code, be, and the same is
15 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
16 ignated as Section 50-1403, Idaho Code, and to read as follows:
17 50-1403. DISPOSITION AFTER HEARING. After a public hearing has been con-
18 ducted, the city council may proceed to exchange, convey or offer for sale the
19 real property in question, subject to the restrictions of section 50-1401,
20 Idaho Code. The city council shall be governed by the following provisions:
21 (1) When the property is offered for sale, the property shall be sold at
22 a public auction to the highest bidder and no bids shall be accepted for less
23 than the minimum declared value previously recorded on the record at a public
24 meeting of the council, provided however, if no bids are received, the city
25 council shall have the authority to sell such property as it deems in the best
26 interest of the city.
27 (2) When it is determined by the city council to be in the city's best
28 interest that the property be offered for exchange, the council may do all
29 things necessary to exchange any property owned by the city for real property
30 of equal value pursuant to terms which shall be a matter of public record.
31 (3) When property is purchased, donated or otherwise conveyed to a city
32 and the city has previously used federal funding to acquire the property, with
33 funds specifically designated for the purpose of assisting low- to moderate-
34 income families with decent, safe, affordable housing opportunities, the prop-
35 erty may be sold, donated or otherwise conveyed directly to a low- to
36 moderate-income family, so long as the sale or conveyance is consistent with
37 the applicable federal regulations under which the property was obtained ini-
38 tially. In such instances, the city council shall pass an ordinance stating:
39 (a) That the property was acquired, in whole, with federal funds;
40 (b) That the property is to be sold or otherwise conveyed to a low- to
41 moderate-income family;
42 (c) That the sale or conveyance is consistent with all applicable fed-
43 eral, state or local statutes, laws, regulations and policies; and
44 (d) That the property may be offered for sale, donation or otherwise con-
45 veyed immediately upon the passing of the ordinance.
46 (4) When it is determined by the city council to be in the city's best
47 interest that a transfer or conveyance be made, the city council may, by ordi-
48 nance duly enacted, authorize the transfer or conveyance of any real property
49 owned by such city to any tax supported governmental unit, with or without
50 consideration.
51 (5) When it is determined by the city council to be in the city's best
52 interest, the city may transfer property to a trustee for security purposes,
3
1 or for purposes of accommodating a transaction, or for funding of construction
2 of capital facilities on city owned property.
3 SECTION 5. That Chapter 14, Title 50, Idaho Code, be, and the same is
4 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
5 ignated as Section 50-1404, Idaho Code, and to read as follows:
6 50-1404. TERMS OF SALE. Real property may be sold for cash or on contract
7 for a period not exceeding ten (10) years, with a rate of interest on all
8 deferred payments as determined by the city council. The title to all property
9 sold on contract shall be retained in the name of the city until full payment
10 has been made by the purchaser. Any property sold by the city council under
11 the provisions of this section either for cash or on contract, shall be
12 assessed by the county assessor in the same manner and upon the same basis of
13 valuation as though the purchaser held a record title to the property so sold.
14 The city council shall have authority to cancel any contract of sale pursuant
15 to law, and retain all payments paid thereon, if the purchaser shall fail to
16 comply with any of the terms of the contract. The city council may, by agree-
17 ment with the purchaser, modify or extend any of the terms of any contract of
18 sale, but the total period shall not exceed ten (10) years.
19 SECTION 6. That Chapter 14, Title 50, Idaho Code, be, and the same is
20 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
21 ignated as Section 50-1405, Idaho Code, and to read as follows:
22 50-1405. CONVEYANCE -- DISPOSITION OF PROCEEDS. The proceeds received
23 from the sale or exchange of property shall be utilized in a manner consistent
24 with provisions of law regarding revenues received by the city.
25 SECTION 7. That Chapter 14, Title 50, Idaho Code, be, and the same is
26 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
27 ignated as Section 50-1406, Idaho Code, and to read as follows:
28 50-1406. DISPOSAL OF LAND ACQUIRED BY FORECLOSURE -- EXCESS PROCEEDS.
29 Should real property be acquired as the result of a foreclosure of any
30 improvement lien, or where a deed has been made and executed by the owner to
31 the city in satisfaction of an improvement lien, and thereafter bring more
32 than is assessed against the same, together with costs and expenses, then the
33 proceeds shall be paid to the owner if his address is known, otherwise, to be
34 placed in the improvement fund for the benefit of which the property was
35 impressed with the lien.
36 SECTION 8. That Chapter 14, Title 50, Idaho Code, be, and the same is
37 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
38 ignated as Section 50-1407, Idaho Code, and to read as follows:
39 50-1407. LEASES. The mayor and council may, by resolution, authorize the
40 lease of any real or personal property not otherwise needed for city purposes,
41 upon such terms as the city council determines may be just and equitable.
42 SECTION 9. That Section 50-305, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 50-305. HOSPITALS -- MAINTENANCE. (1) Any city may acquire, in the manner
45 provided for acquiring other property, by purchase or otherwise, hospital
4
1 grounds, buildings and equipment, and clinics or other health care facilities,
2 and maintain and operate the same and to provide by general ordinance, rules
3 and regulations for governing the same. Cities acting through their respective
4 city councils may convey or lease city hospitals, and the equipment therein,
5 subject to the following conditions:
6 (a) The entity to which the hospital is to be transferred shall be a non-
7 profit corporation;
8 (b) No lease term shall exceed ninety-nine (99) years;
9 (c) The governing body of the nonprofit corporation must be composed ini-
10 tially of the incumbent members of the board of hospital trustees, as
11 individuals. The articles of incorporation must provide for a membership
12 of the corporation which is:
13 (i) Broadly representative of the public and includes residents of
14 the city; or
15 (ii) A single nonprofit corporate member having articles of incorpo-
16 ration which provide for a membership of that corporation which is
17 broadly representative of the public and includes residents of the
18 city.
19 The articles must further provide for the selection of the governing body
20 by the membership of the corporation, or exclusively by a parent corpora-
21 tion which is the corporate member, with voting power, and not by the gov-
22 erning body itself, except to fill a vacancy for the unexpired term. The
23 articles must further provide that no member of the governing body shall
24 serve more than two (2) consecutive three (3) year terms.
25 (d) The nonprofit corporation must provide care for indigent patients,
26 and receive any person falling sick or maimed within the county.
27 (e) The transfer agreement must provide for the transfer of patients,
28 staff and employees, and for the continuing administration of any trusts
29 or bequests or maintenance of records pertaining to the existing public
30 hospital.
31 (f) The transfer or lease agreement shall provide for a transfer or lease
32 price which shall be either of the following:
33 (i) The acceptance of all assets and assumption of all liabilities;
34 or
35 (ii) Such other price as the city council and the nonprofit corpora-
36 tion may agree.
37 (2) If any hospital which has been conveyed pursuant to this section
38 ceases to be used as a nonprofit hospital, unless the premises so conveyed are
39 sold and the proceeds used to erect or enlarge another nonprofit hospital for
40 the city, the hospital so conveyed reverts to the ownership of the city. If
41 any hospital which has been leased pursuant to this section ceases to be used
42 as a nonprofit hospital, the lease shall terminate.
43 (3) The provisions of section 50-1403, Idaho Code, shall apply to trans-
44 actions covered by this section, but all other provisions of chapter 14, title
45 50, Idaho Code, with respect to the sale, lease and disposition of real prop-
46 erty owned by the city, shall not apply to transactions covered by this sec-
47 tion.
48 SECTION 10. That Section 33-2101A, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 33-2101A. JUNIOR COLLEGE SHALL MEAN COMMUNITY COLLEGE. Notwithstanding
51 any other provision of law, in sections 21-805, 21-806, 21-809, 23-404,
52 31-808, 33-101, 33-107, 33-107B, 33-601, 33-1252, 33-2101, 33-2102, 33-2103,
53 33-2104, 33-2105, 33-2106, 33-2107, 33-2107A, 33-2107B, 33-2107C, 33-2108,
5
1 33-2109A, 33-2110, 33-2110A, 33-2110B, 33-2111, 33-2112, 33-2113, 33-2114,
2 33-2115, 33-2116, 33-2117, 33-2118, 33-2119, 33-2121, 33-2122, 33-2123,
3 33-2124, 33-2125, 33-2126, 33-2130, 33-2135, 33-2137, 33-2138, 33-2139,
4 33-2141, 33-2142, 33-2143, 33-2144, 33-2211, 33-3716, 33-3717, 33-4001,
5 33-4003, 33-4004, 33-4006, 33-4201, 33-4306, 33-4315, 46-314, 50-1405,
6 50-1721, 57-1105A, 59-1324, 59-1371, 59-1374, 67-2320, 67-2322, 67-5309C and
7 67-5332, Idaho Code, the term "junior college" shall mean and shall be denoted
8 as "community college."
STATEMENT OF PURPOSE
RS 10841
These general revisions to Idaho Code will simplify the process
by which cities sell or trade their real property holdings. The
purpose of the bill is to streamline the process while remaining
publicly accountable.
Private interests have found it difficult or impossible to deal
with the law that cities must follow to sell a piece of land,
often a small sliver unneeded by a city.
FISCAL IMPACT
There would be no fiscal impact to the state general fund. There
could be modest savings to cities by following a more streamlined
process
Contact
Name: Ken Harward, Association of Idaho Cities
Phone: 208 344 8594
STATEMENT OF PURPOSE/FISCAL NOTE S 1057