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S1269aa....................................by LOCAL GOVERNMENT AND TAXATION
INTRACITY LIGHT RAIL SYSTEMS - Amends existing law to provide authority to
specified public entities with responsibility for transportation systems
and urban renewal projects to acquire, construct, reconstruct, extend,
maintain or repair intracity light rail systems including, but not limited
to, rights-of-way, rails, cars, and other ancillary improvements owned,
controlled or operated by a public entity.
02/04 Senate intro - 1st rdg - to printing
02/05 Rpt prt - to Loc Gov
02/17 Rpt out - rec d/p - to 2nd rdg
02/18 2nd rdg - to 3rd rdg
02/24 To 14th Ord
03/02 Rpt out amen - to engros
03/03 Rpt engros - 1st rdg - to 2nd rdg as amen
03/04 2nd rdg - to 3rd rdg as amen
03/09 3rd rdg as amen - PASSED - 33-1-1
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes,
Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai,
Marley, McKenzie, McWilliams, Noble, Noh, Pearce, Richardson,
Schroeder, Stegner, Stennett, Werk, Williams
NAYS -- Sweet
Absent and excused -- Sorensen
Floor Sponsors - Ingram & Werk
Title apvd - to House
03/10 House intro - 1st rdg - to Transp
03/17 Rpt out - rec d/p - to 2nd rdg
03/18 2nd rdg - to 3rd rdg
03/19 3rd rdg - PASSED - 52-11-7
AYES -- Andersen, Barraclough, Bayer, Bell, Black, Block, Bolz,
Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Douglas,
Edmunson, Ellsworth, Eskridge, Field(23), Gagner, Garrett, Harwood,
Henbest, Jaquet, Jones, Lake, Langford, Langhorst, Martinez, Meyer,
Miller, Mitchell, Naccarato, Nielsen, Pasley-Stuart, Raybould,
Ridinger, Ring, Ringo, Robison, Rydalch, Sayler, Shepherd, Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wills,
Mr. Speaker
NAYS -- Barrett, Bedke, Denney, Eberle, Kulczyk, McGeachin, McKague,
Roberts, Sali, Schaefer, Wood
Absent and excused -- Bauer, Boe, Bradford, Field(18), Kellogg,
Moyle, Trail
Floor Sponsor - Ridinger
Title apvd - to Senate
03/19 To enrol
03/20 Rpt enrol - Pres signed - Sp signed
03/22 To Governor
04/02 Governor VETOED
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1269
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO INTRACITY LIGHT RAIL SYSTEMS; AMENDING SECTION 40-310, IDAHO CODE,
3 TO AUTHORIZE THE IDAHO TRANSPORTATION BOARD TO ALLOW THE INSTALLATION OF
4 INTRACITY LIGHT RAIL SYSTEMS UPON CERTAIN STATE HIGHWAYS; AMENDING SECTION
5 40-1415, IDAHO CODE, TO PROVIDE ADDITIONAL AUTHORITY TO THE BOARD OF A
6 SINGLE COUNTYWIDE HIGHWAY DISTRICT FOR CERTAIN RESPONSIBILITIES RELATED TO
7 INTRACITY LIGHT RAIL SYSTEMS WITHIN THE LIMITS OF A CITY AND TO MAKE TECH-
8 NICAL CORRECTIONS; AMENDING SECTION 40-2109, IDAHO CODE, TO PROVIDE ADDI-
9 TIONAL POWERS TO A REGIONAL PUBLIC TRANSPORTATION AUTHORITY FOR CERTAIN
10 RESPONSIBILITIES RELATED TO INTRACITY LIGHT RAIL SYSTEMS AND TO CLARIFY
11 THE AUTHORITY OF A MUNICIPALITY, HIGHWAY DISTRICT, URBAN RENEWAL AGENCY
12 AND LOCAL IMPROVEMENT DISTRICT WITH RESPECT TO SUCH SYSTEMS; AMENDING SEC-
13 TION 50-322, IDAHO CODE, TO PROVIDE THAT THE AUTHORITY OF A CITY FOR PRO-
14 CURING TRANSIT SYSTEMS INCLUDES AUTHORITY FOR INTRACITY LIGHT RAIL SYS-
15 TEMS; AMENDING SECTION 50-1703, IDAHO CODE, TO PROVIDE THAT THE GOVERNING
16 BODY OF ANY MUNICIPALITY SHALL HAVE POWER TO EFFECT IMPROVEMENTS RELATING
17 TO INTRACITY LIGHT RAIL SYSTEMS; AMENDING SECTION 50-2018, IDAHO CODE, TO
18 EXPAND THE DEFINITION OF "URBAN RENEWAL PROJECT" TO PROVIDE THAT UNDERTAK-
19 INGS AND ACTIVITIES OF A MUNICIPALITY MAY INCLUDE CERTAIN RESPONSIBILITIES
20 FOR INTRACITY LIGHT RAIL SYSTEMS AND AUTHORITY TO PAY ANY APPLICABLE LOCAL
21 IMPROVEMENT DISTRICT ASSESSMENT; AND AMENDING SECTION 50-2903, IDAHO CODE,
22 TO EXPAND THE DEFINITION OF "PROJECT" OR "URBAN RENEWAL PROJECT" OR
23 "COMPETITIVELY DISADVANTAGED BORDER AREAS" TO PROVIDE THAT UNDERTAKINGS
24 AND ACTIVITIES OF A MUNICIPALITY IN AN URBAN RENEWAL AREA MAY INCLUDE CER-
25 TAIN RESPONSIBILITIES FOR INTRACITY LIGHT RAIL SYSTEMS AND AUTHORITY TO
26 PAY ANY APPLICABLE LOCAL IMPROVEMENT DISTRICT ASSESSMENT.
27 Be It Enacted by the Legislature of the State of Idaho:
28 SECTION 1. That Section 40-310, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 40-310. POWERS AND DUTIES -- STATE HIGHWAY SYSTEM. The board shall:
31 (1) Determine which highways in the state, or sections of highways, shall
32 be designated and accepted for the purpose of this title as a part of the
33 state highway system.
34 (a) In determining which highways or section of highways shall be a part
35 of the state highway system, the board shall consider the relative impor-
36 tance of each highway to cities, existing business, industry and enter-
37 prises and to the development of cities, natural resources, industry and
38 agriculture and be guided by statistics on existing and projected traffic
39 volumes. The board shall also consider the safety and convenience of high-
40 way users, the common welfare of the people of the state, and of the cit-
41 ies within the state and the financial capacity of the state of Idaho to
42 acquire rights-of-way and to construct, reconstruct and maintain state
43 highways. In making a determination, the board must, before it can aban-
2
1 don, relocate, or replace by a new highway, any highway serving or tra-
2 versing any city, or the area in which the city is located, specifically
3 find and determine that the benefits to the state of Idaho are greater
4 than the economic loss and damage to the city affected. No highway serving
5 or traversing any city shall be abandoned, relocated or replaced by a new
6 highway serving the area in which a city is located without the board
7 first holding a public hearing in that city. Written notice setting forth
8 the action proposed to be taken by the board shall be served upon the
9 mayor of any city affected, and upon all property owners from which acqui-
10 sition of right-of-way is necessary and from which that property must be
11 purchased, by certified or registered mail, and shall also be published in
12 at least one (1) issue of a newspaper published and of general circulation
13 in each city affected. If there is no newspaper published in the city,
14 then a notice shall be posted in three (3) of the most public places in
15 the city. The notice shall contain a statement of any action contemplated
16 by the board affecting the city or property owner, and shall specify the
17 time and place of the hearing. At the hearing a property owner from which
18 right-of-way is necessary to be acquired and from which that property must
19 be purchased, and the governing body of any city affected may appear,
20 voice objections to the action proposed to be taken by the board, and may
21 present evidence and call witnesses in support of their objections. The
22 board shall give consideration to the protests and objections and make a
23 written decision determining whether or not the proposed action would be
24 of greater benefit to the state of Idaho than the economic loss and damage
25 resulting to the city. The board shall serve a written decision upon the
26 governing body of any affected city and property owners within ten (10)
27 days following the completion of the hearing, and no action shall be taken
28 by the board prior to the service of the written decision.
29 (b) Within ten (10) days after the written decision has been served, an
30 appeal may be taken from the decision by the person from whom the property
31 must be purchased, the interested city, board of county commissioners, or
32 highway district commissioners to the district court in and for the county
33 in which the city affected by the order is located. The appeal shall be
34 taken and perfected in the following manner:
35 1. The appellant shall file with the clerk of the district court of
36 the proper county, and serve upon the board, notice specifying the
37 grounds of appeal, and a certified copy of the decision of the board
38 appealed from. The district court shall then have jurisdiction of the
39 matter and may make any order or judgment that the equities of the
40 case require. Upon the appeal being perfected, the appeal shall
41 receive a preferential place on the calendar of the district court.
42 2. The appeal shall be heard and determined by the district court in
43 a summary manner as in a suit in equity, and the trial shall be a
44 trial de novo on the issues framed. The court may affirm, reverse, or
45 modify the order appealed from and may issue injunctions whenever it
46 appears necessary for the protection of the interests of any party to
47 the appeal.
48 3. No bond or undertaking shall be required of any party appealing
49 under any of the provisions of this section.
50 4. The filing fees required in the district court shall be the same
51 as is provided for filing cases originally in the court.
52 (c) Any final order or judgment of the district court under this subsec-
53 tion shall be appealable to the supreme court of the state of Idaho within
54 thirty (30) days following the entry of the final order or judgment in the
55 same manner as appeals in civil actions are taken to the supreme court.
3
1 (d) The board shall take no action on any matter affecting any property
2 owner from which right-of-way is necessary to be acquired or any city
3 until either:
4 1. The time has elapsed for an appeal to the district court and no
5 appeal has been filed; or
6 2. If an appeal has been taken to the district court, then until the
7 time for appeal from its final order or judgment to the supreme
8 court has elapsed and no appeal has been taken; or
9 3. If an appeal has been taken to the supreme court, then until the
10 matter has been finally determined by that court.
11 (2) The board shall cause to be prepared and publicly displayed in a con-
12 spicuous place in their offices a complete map of the state highway system in
13 which each section shall be identified by location, length and a control num-
14 ber. The map shall be of a suitable size and scale and contain data and infor-
15 mation as deemed appropriate by the board. Periodically, and not less than
16 once each year, the board shall revise and correct the map to record the
17 changes in the designated state highway system resulting from additions,
18 abandonments and relocations. Hand maps of the state highway system shall be
19 issued periodically for public distribution.
20 (3) Abandon the maintenance of any highway and remove it from the state
21 highway system, when that action is determined by the unanimous consent of the
22 board to be in the public interest.
23 (4) Locate, design, construct, reconstruct, alter, extend, repair and
24 maintain state highways, and plan, design and develop statewide transportation
25 systems, and allow the installation of intracity light rail systems upon such
26 state highways, when determined by the board to be in the public interest.
27 (5) Establish standards for the location, design, construction, recon-
28 struction, alteration, extension, repair and maintenance of state highways,
29 provided that standards of state highways through local highway jurisdictions
30 shall be coordinated with the standards in use for the systems of the respec-
31 tive local highway jurisdictions. The board shall make agreements with local
32 highway jurisdictions having within their limits state highway sections in the
33 category described in section 40-502, Idaho Code, and provide for an equitable
34 division of the maintenance of those sections. The board may also, in the
35 interest of economy and efficiency, arrange to have any or all of the state
36 highway sections within local highway jurisdictions maintained by those local
37 highway jurisdictions, the cost of the work as limited by section 40-502,
38 Idaho Code, to be reimbursed by the state.
39 (6) Cause to be made and kept, surveys, studies, maps, plans, specifica-
40 tions and estimates for the alteration, extension, repair and maintenance of
41 state highways, and so far as practicable, of all highways in the state, and
42 for that purpose to demand and to receive reports and copies of records from
43 county commissioners, commissioners of highway districts, county engineers and
44 directors of highways and all other highway officials within the state.
45 (7) Approve and determine the final plans, specifications and estimates
46 for state highways and cause contracts for state highway work to be let by
47 contract in the manner provided by law.
48 (8) Expend funds appropriated for construction, maintenance and improve-
49 ment of state highways.
50 (9) Designate state highways, or parts of them, as controlled-access
51 facilities and regulate, restrict or prohibit access to those highways to
52 serve the traffic for which the facility is intended.
53 (10) Close or restrict the use of any state highway whenever the closing
54 or restricting of use is deemed by the board to be necessary for the protec-
55 tion of the public or for the protection of the highway or any section from
4
1 damage.
2 (11) Designate main traveled state highways as through highways. The traf-
3 fic on through highways shall have the right-of-way over the traffic on any
4 other highway intersecting with it, provided, that at the intersection of two
5 (2) through highways the board shall determine which traffic shall have the
6 right-of-way.
7 (12) Furnish, erect and maintain standard signs on side highways directing
8 drivers of vehicles approaching a designated through highway to come to a full
9 stop before entering or crossing the through highway.
10 (13) Provide a right-of-way for and supervise the construction of side
11 paths or sidewalks along regularly designated state highways outside the
12 boundaries of incorporated cities and the expenditures for the construction of
13 them may be made from the highway funds of the county or highway districts.
14 (14) Upon certification and requisition of an appropriate board, commis-
15 sion, governing body, or official head of any state institution and on the
16 approval of the governor, showing the same to be necessary, construct, alter,
17 repair, and maintain the roadways in, through, and about the grounds of state
18 institutions. The construction, alteration, repair and maintenance shall be
19 accomplished and paid for from the state highway account in accordance with
20 the provisions of chapter 7, title 40, Idaho Code. This provision shall not be
21 construed to divest any board, commission, governing body, or official head of
22 an institution their constitutional or statutory powers.
23 SECTION 2. That Section 40-1415, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 40-1415. RESPONSIBILITIES OF SINGLE COUNTY-WIDE COUNTYWIDE HIGHWAY DIS-
26 TRICTS WITHIN CITIES -- FINAL DECISION ON URBAN RENEWAL PROJECTS -- SETTLEMENT
27 OF QUESTIONS. (1) County-wide Countywide highway districts organized under the
28 provisions of this chapter, within the limits of any city shall be responsible
29 for the design, construction, reconstruction and maintenance of city rights-
30 of-way and accompanying curbs, gutters, culverts, sidewalks, paved medians,
31 bulkheads and retaining walls. Within city rights-of-way, design, construc-
32 tion, reconstruction and maintenance shall include:
33 (a) Traffic and safety engineering for both motorist and pedestrian traf-
34 fic;
35 (b) Procurement and installation of highway lighting where it is primar-
36 ily of benefit to the motorist. Energy costs and maintenance of lighting
37 shall subsequently be a function of the city;
38 (c) Procurement, installation, operation and maintenance of traffic con-
39 trol devices where they are needed for traffic control; and
40 (d) Drainage where it is necessary for motorist safety or necessary for
41 right-of-way maintenance; and
42 (e) Acquisition, construction, reconstruction, extension, maintenance or
43 repair of intracity light rail systems including, but not limited to,
44 rights-of-way, rails, cars, and other ancillary improvements owned, con-
45 trolled or operated by a public entity, within the limits of any city.
46 (2) Acquisition and acceptance of rights-of-way shall be the responsibil-
47 ity of the county-wide countywide highway district.
48 (3) In matters of urban renewal projects, the city involved shall make
49 the final decision concerning approval of the project based on the overall
50 plan of the city. Prior to approval of an urban renewal project, the city
51 shall submit the plan to the highway district for review and recommendations
52 in accordance with subsection (1) of this section. The highway district shall
53 submit its written recommendations with respect to the proposed urban renewal
5
1 plan to the city within thirty (30) days after receipt of the plan for review.
2 Upon receipt of the recommendations of the highway district, or if no recom-
3 mendations are received within thirty (30) days, then the city may proceed
4 without recommendations with the hearing on the proposed urban renewal proj-
5 ect, and the highway district shall be responsible, as between the city and
6 the highway district, for funding the district's responsibilities as provided
7 by subsection (1) of this section. Agreements entered into by a city pursuant
8 to an urban renewal project prior to dissolution of the city highway system
9 and organization of the successor highway district shall be binding upon the
10 county-wide countywide highway district.
11 (4) The highway district shall be responsible for planning and location
12 of rights-of-way. In planning for and determining location of rights-of-way,
13 the highway district shall submit to the appropriate planning agency the pro-
14 posed location of the rights-of-way. In locating rights-of-way the highway
15 district shall take into consideration the comprehensive general plan of the
16 appropriate county or city planning agency. In planning for the location of
17 rights-of-way, the highway district shall comply with all appropriate provi-
18 sions of chapter 65, title 67, Idaho Code.
19 (5) The city shall retain jurisdiction and responsibility for outstanding
20 local improvement district bonds or warrants sold or issued by the city prior
21 to dissolution of the city highway system and organization of the successor
22 highway district.
23 (6) All subdivision plats required to be submitted for acceptance and
24 approval to the city and the county under the provisions of chapter 13, title
25 50, Idaho Code, shall be submitted to the highway district for consideration
26 for acceptance and approval as to continuity of highway pattern, widths,
27 drainage provisions, right-of-way construction standards, traffic flow, the
28 traffic volume demand occasioned by the proposed subdivision either within or
29 without the boundaries of the proposed subdivision, and other matters pertain-
30 ing to the function of the highway district.
31 (7) Within the limits of any city, the city may expend city funds for the
32 placement, care and removal of trees, shrubs, grass, and other plants, which
33 are located within the rights-of-way of any highway of the county-wide
34 countywide highway district.
35 (8) A city, after advising the board of highway district commissioners of
36 its intent, shall be responsible for the placement, care and removal of any
37 parking meters within the limits of any city, and for the enforcement of ordi-
38 nances regulating the use of parking meters, which are located within the
39 rights-of-way of any highway of the county-wide countywide highway district.
40 The city shall be entitled to all of the revenues received from parking
41 meters.
42 SECTION 3. That Section 40-2109, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 40-2109. POWERS AND DUTIES OF BOARD. (1) Only one (1) regional public
45 transportation authority shall exist within a county and when established pur-
46 suant to this chapter the authority will have exclusive jurisdiction over all
47 publicly funded or publicly subsidized transportation services and programs
48 except those transportation services and programs under the jurisdiction of
49 public school districts and law enforcement agencies.
50 (2) The authority may provide public transportation services on fixed or
51 unfixed routes; public transportation services on fixed or unfixed schedules;
52 paratransit services for the elderly and people with disabilities as defined
53 in the Americans with disabilities act; special services to accommodate commu-
6
1 nity celebrations, sporting events and entertainment open to the public; pub-
2 lic transportation services between cities, rural areas, park-and-ride facili-
3 ties, employment centers, health care facilities, universities and commercial
4 and shopping areas; commuter services between communities; van or car pool
5 programs. The authority may also acquire, construct, reconstruct, extend,
6 maintain or repair intracity light rail systems including, but not limited to,
7 rights-of-way, rails, cars, and other ancillary improvements owned, controlled
8 or operated by a public entity. Nothing in this chapter, however, shall limit
9 the authority of a municipality, highway district, urban renewal agency, or
10 local improvement district to acquire, construct, reconstruct, extend, main-
11 tain or repair such systems.
12 (3) The authority shall fix by resolution the fares and fees to be
13 charged those who use its public transportation services. Prior to adopting
14 any such resolution, the board shall publish proposed fares and fees in at
15 least one (1) issue of a newspaper having general circulation in the region
16 and shall hold at least one (1) public hearing on the proposed fares and fees.
17 (4) The authority may establish, fund, control and operate the adminis-
18 trative, equipment maintenance, servicing, storage, fueling, and other facili-
19 ties required to support a safe and efficient public transportation system. In
20 carrying out the purposes of this chapter, the authority may employ personnel,
21 contract for services with public and private agencies and retain legal and
22 other professional counsel.
23 (5) The board may adopt resolutions consistent with law, as necessary,
24 for carrying out the purposes of this chapter and discharging all powers and
25 duties conferred to the authority pursuant to this chapter.
26 (6) The authority shall have an annual audit made of the financial
27 affairs of the authority as required in section 67-450B, Idaho Code, by the
28 first day of December following the close of the fiscal year.
29 (7) The authority may enter into cooperative agreements with the state,
30 other authorities, counties, cities and highway districts under the provisions
31 of section 67-2328, Idaho Code.
32 SECTION 4. That Section 50-322, Idaho Code, be, and the same is hereby
33 amended to read as follows:
34 50-322. TRANSIT SYSTEMS. Any city may, in the manner provided for acquir-
35 ing other property, purchase, lease, or otherwise procure transit systems
36 including, but not limited to, rights-of-way, rails, cars, and other ancillary
37 improvements of intracity light rail systems, and provide by general ordinance
38 for rules and regulations governing the maintenance and operation of the same.
39 SECTION 5. That Section 50-1703, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 50-1703. POWERS CONFERRED. (a) The governing body of any municipality
42 shall have power to make or cause to be made any one (1) or more or combina-
43 tion of the following improvements:
44 (1) To establish grades and lay out, establish, open, extend and widen
45 any local, collector, arterial or other street, sidewalk, alley or off-
46 street parking facility;
47 (2) To purchase, acquire, construct, improve, repair, light, grade, pave,
48 repave, surface, resurface, curb, gutter, sewer, drain, landscape and
49 beautify any street, sidewalk or alley;
50 (3) To purchase, construct, reconstruct, extend, maintain or repair
51 bridges, sidewalks, crosswalks, driveways, culverts, sanitary sewers,
7
1 storm sewers, ditches, drains, conduits, flood barriers and channels for
2 sanitary and drainage purposes, or either or both thereof, with inlets or
3 outlets, manholes, catch basins, flush tanks, treatment systems and all
4 other sewer and drainage appurtenances necessary for the comfort, conve-
5 nience, health and well-being of the inhabitants of the municipality; pro-
6 vided, that any improvements for sanitary sewer facilities shall be con-
7 structed so as to conform with the general rules of the Idaho department
8 of environmental quality;
9 (4) To construct, reconstruct, extend, maintain, or repair lines, facili-
10 ties and equipment (other than generating equipment) for street lighting
11 purposes or for the expansion or improvement of a previously established
12 municipally-owned electrical distribution system, to a district within the
13 boundaries of the municipality;
14 (5) To plant, or cause to be planted, set out, cultivate and maintain
15 lawns, shade trees or other landscaping;
16 (6) To cover, fence, safeguard or enclose reservoirs, canals, ditches and
17 watercourses and to construct, reconstruct, extend, line or reline, main-
18 tain and repair waterworks, reservoirs, canals, ditches, pipes, mains,
19 hydrants, and other water facilities for the purpose of supplying water
20 for domestic, irrigation and fire protection purposes, or any of them;
21 regulating, controlling or distributing the same and regulating and con-
22 trolling water and watercourses leading into the municipality;
23 (7) To acquire, construct, reconstruct, extend, maintain or repair park-
24 ing lots or other facilities for the parking of vehicles on or off
25 streets;
26 (8) To acquire, construct, reconstruct, extend, maintain or repair parks
27 and other recreational facilities;
28 (9) To remove any nonconforming existing facility or structure in the
29 areas to be improved;
30 (10) To construct, reconstruct, extend, maintain or repair optional
31 improvements, and to acquire, construct, reconstruct, extend, maintain or
32 repair intracity light rail systems including, but not limited to, rights-
33 of-way, rails, cars, and other ancillary improvements owned, controlled or
34 operated by a public entity;
35 (11) To acquire by purchase, gift, condemnation, or otherwise any real or
36 personal property within the limits of the municipality as in the judgment
37 of the council may be necessary or convenient in order to make any of such
38 improvements or otherwise to carry out the purposes of this chapter;
39 (12) To make any other improvements now or hereafter authorized by any
40 other law, the cost of which in whole or in part can properly be deter-
41 mined to be of particular benefit to a particular area within the munici-
42 pality;
43 (13) To construct and install all such structures, equipment and other
44 items and to do all such other work and to incur any such costs and
45 expenses as may be necessary or appropriate to complete any of such
46 improvements in a proper manner;
47 (14) To purchase, build, construct, reconstruct or otherwise improve park-
48 ing facilities and all other appurtenances necessary to provide adequate
49 off-street parking, and to that end may acquire real or personal property
50 by purchase, gift, condemnation or otherwise, and may own, possess and
51 maintain such real or personal property within the limits of the munici-
52 pality as in the judgment of the council may be necessary and convenient
53 for such purposes; and
54 (15) To acquire, purchase, build, construct or reconstruct irrigation sys-
55 tems, install underground tiling and cover open irrigation ditches.
8
1 (b) For the purpose of making and paying for all or a part of the cost of
2 any of such improvements (including optional improvements), the governing body
3 of a municipality may create local improvement districts within the municipal-
4 ity, levy assessments on the property within such a district which is bene-
5 fited by the making of the improvements and issue interim or registered war-
6 rants and local improvement bonds as provided in this chapter.
7 SECTION 6. That Section 50-2018, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 50-2018. DEFINITIONS. The following terms wherever used or referred to in
10 this chapter, shall have the following meanings, unless a different meaning is
11 clearly indicated by the context:
12 (a) "Agency" or "urban renewal agency" shall mean a public agency created
13 by section 50-2006, Idaho Code.
14 (b) "Municipality" shall mean any incorporated city or town, or county in
15 the state.
16 (c) "Public body" shall mean the state or any municipality, township,
17 board, commission, authority, district, or any other subdivision or public
18 body of the state.
19 (d) "Local governing body" shall mean the council or other legislative
20 body charged with governing the municipality.
21 (e) "Mayor" shall mean the mayor of a municipality or other officer or
22 body having the duties customarily imposed upon the executive head of a munic-
23 ipality.
24 (f) "Clerk" shall mean the clerk or other official of the municipality
25 who is the custodian of the official records of such municipality.
26 (g) "Federal government" shall include the United States of America or
27 any agency or instrumentality, corporate or otherwise, of the United States of
28 America.
29 (h) "Deteriorated area" shall mean an area in which there is a predomi-
30 nance of buildings or improvements, whether residential or nonresidential,
31 which by reason of dilapidation, deterioration, age or obsolescence, inade-
32 quate provision for ventilation, light, air, sanitation, or open spaces, high
33 density of population and overcrowding, or the existence of conditions which
34 endanger life or property by fire and other causes, or any combination of such
35 factors is conducive to ill health, transmission of disease, infant mortality,
36 juvenile delinquency, or crime, and is detrimental to the public health,
37 safety, morals or welfare.
38 (i) "Deteriorating area" shall mean an area which by reason of the pres-
39 ence of a substantial number of deteriorated or deteriorating structures, pre-
40 dominance of defective or inadequate street layout, faulty lot layout in rela-
41 tion to size, adequacy, accessibility or usefulness, insanitary or unsafe con-
42 ditions, deterioration of site or other improvements, diversity of ownership,
43 tax or special assessment delinquency exceeding the fair value of the land,
44 defective or unusual conditions of title, or the existence of conditions which
45 endanger life or property by fire and other causes, or any combination of such
46 factors, substantially impairs or arrests the sound growth of a municipality,
47 retards the provision of housing accommodations or constitutes an economic or
48 social liability and is a menace to the public health, safety, morals or wel-
49 fare in its present condition and use; provided, that if such deteriorating
50 area consists of open land the conditions contained in the proviso in section
51 50-2008(d), Idaho Code, shall apply; and provided further, that any disaster
52 area referred to in section 50-2008(g), Idaho Code, shall constitute a deteri-
53 orating area.
9
1 (j) "Urban renewal project" may include undertakings and activities of a
2 municipality in an urban renewal area for the elimination of deteriorated or
3 deteriorating areas and for the prevention of the development or spread of
4 slums and blight, and may involve slum clearance and redevelopment in an urban
5 renewal area, or rehabilitation or conservation in an urban renewal area, or
6 any combination or part thereof in accordance with an urban renewal plan. Such
7 undertakings and activities may include:
8 (1) acquisition of a deteriorated area or a deteriorating area or portion
9 thereof;
10 (2) demolition and removal of buildings and improvements;
11 (3) installation, construction, or reconstruction of streets, utilities,
12 parks, playgrounds, off-street parking facilities, public facilities or
13 buildings and other improvements necessary for carrying out in the urban
14 renewal area the urban renewal objectives of this chapter in accordance
15 with the urban renewal plan;
16 (4) disposition of any property acquired in the urban renewal area,
17 including sale, initial leasing or retention by the agency itself, at its
18 fair value for uses in accordance with the urban renewal plan except for
19 disposition of property to another public body;
20 (5) carrying out plans for a program of voluntary or compulsory repair
21 and rehabilitation of buildings or other improvements in accordance with
22 the urban renewal plan;
23 (6) acquisition of real property in the urban renewal area which, under
24 the urban renewal plan, is to be repaired or rehabilitated for dwelling
25 use or related facilities, repair or rehabilitation of the structures for
26 guidance purposes, and resale of the property;
27 (7) acquisition of any other real property in the urban renewal area
28 where necessary to eliminate unhealthful, insanitary or unsafe conditions,
29 lessen density, eliminate obsolete or other uses detrimental to the public
30 welfare, or otherwise to remove or to prevent the spread of blight or
31 deterioration, or to provide land for needed public facilities;
32 (8) lending or investing federal funds; and
33 (9) construction of foundations, platforms and other like structural
34 forms; and
35 (10) acquisition, construction, reconstruction, extension, maintenance or
36 repair of intracity light rail systems including, but not limited to,
37 rights-of-way, rails, cars, and other ancillary improvements owned, con-
38 trolled or operated by a public entity, and payment of any local improve-
39 ment district assessment for said purpose.
40 (k) "Urban renewal area" means a deteriorated area or a deteriorating
41 area or a combination thereof which the local governing body designates as
42 appropriate for an urban renewal project.
43 (l) "Urban renewal plan" means a plan, as it exists from time to time,
44 for an urban renewal project, which plan: (1) shall conform to the general
45 plan for the municipality as a whole except as provided in section 50-2008(g),
46 Idaho Code; and (2) shall be sufficiently complete to indicate such land
47 acquisition, demolition and removal of structures, redevelopment, improve-
48 ments, and rehabilitation as may be proposed to be carried out in the urban
49 renewal area, zoning and planning changes, if any, land uses, maximum densi-
50 ties, building requirements, and any method or methods of financing such plan,
51 which methods may include revenue allocation financing provisions.
52 (m) "Related activities" shall mean: (1) planning work for the prepara-
53 tion or completion of a community-wide plan or program pursuant to section
54 50-2009, Idaho Code; and (2) the functions related to the acquisition and
55 disposal of real property pursuant to section 50-2007(d), Idaho Code.
10
1 (n) "Real property" shall include all lands, including improvements and
2 fixtures thereon, and property of any nature appurtenant thereto, or used in
3 connection therewith, and every estate, interest, right and use, legal or
4 equitable, therein, including terms for years and liens by way of judgment,
5 mortgage or otherwise.
6 (o) "Bonds" shall mean any bonds, including refunding bonds, notes,
7 interim certificates, certificates of indebtedness, debentures or other obli-
8 gations.
9 (p) "Obligee" shall include any bondholder, agents or trustees for any
10 bondholders, or lessor demising to the municipality property used in connec-
11 tion with urban renewal, or any assignee or assignees of such lessor's inter-
12 est or any part thereof, and the federal government when it is a party to any
13 contract with the municipality.
14 (q) "Person" shall mean any individual, firm, partnership, corporation,
15 company, association, joint stock association, or body politic; and shall
16 include any trustee, receiver, assignee, or other person acting in a similar
17 representative capacity.
18 (r) "Area of operation" shall mean the area within the corporate limits
19 of the municipality and the area within five (5) miles of such limits, except
20 that it shall not include any area which lies within the territorial bound-
21 aries of another incorporated city or town or within the unincorporated area
22 of the county unless a resolution shall have been adopted by the governing
23 body of such other city, town or county declaring a need therefor.
24 (s) "Board" or "commission" shall mean a board, commission, department,
25 division, office, body or other unit of the municipality.
26 (t) "Public officer" shall mean any officer who is in charge of any
27 department or branch of the government of the municipality relating to health,
28 fire, building regulations, or to other activities concerning dwellings in the
29 municipality.
30 SECTION 7. That Section 50-2903, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 50-2903. DEFINITIONS. The following terms used in this chapter shall have
33 the following meanings, unless the context otherwise requires:
34 (1) "Act" or "this act" means this revenue allocation act.
35 (2) "Agency" or "urban renewal agency" means a public body created pursu-
36 ant to section 50-2006, Idaho Code.
37 (3) "Authorized municipality" or "municipality" means any county or
38 incorporated city which has established an urban renewal agency, or by ordi-
39 nance has identified and created a competitively disadvantaged border commu-
40 nity.
41 (4) "Base assessment roll" means the equalized assessment rolls, for all
42 classes of taxable property, on January 1 of the year in which the local gov-
43 erning body of an authorized municipality passes an ordinance adopting or mod-
44 ifying an urban renewal plan containing a revenue allocation financing provi-
45 sion, except that the base assessment roll shall be adjusted as follows: the
46 equalized assessment valuation of the taxable property in a revenue allocation
47 area as shown upon the base assessment roll shall be reduced by the amount by
48 which the equalized assessed valuation as shown on the base assessment roll
49 exceeds the current equalized assessed valuation of any taxable property
50 located in the revenue allocation area, and by the equalized assessed valua-
51 tion of taxable property in such revenue allocation area that becomes exempt
52 from taxation subsequent to the date of the base assessment roll. The equal-
53 ized assessed valuation of the taxable property in a revenue allocation area
11
1 as shown on the base assessment roll shall be increased by the equalized
2 assessed valuation, as of the date of the base assessment roll, of taxable
3 property in such revenue allocation area that becomes taxable after the date
4 of the base assessment roll.
5 (5) "Budget" means an annual estimate of revenues and expenses for the
6 following fiscal year of the agency. An agency shall, by September 1 of each
7 calendar year, adopt and publish, as described in section 50-1002, Idaho Code,
8 a budget for the next fiscal year. An agency may amend its adopted budget
9 using the same procedures as used for adoption of the budget. For the fiscal
10 year that immediately predates the termination date for an urban renewal plan
11 involving a revenue allocation area or will include the termination date, the
12 agency shall adopt and publish a budget specifically for the projected reve-
13 nues and expenses of the plan and make a determination as to whether the reve-
14 nue allocation area can be terminated before the January 1 of the termination
15 year pursuant to the terms of section 50-2909(4), Idaho Code. In the event
16 that the agency determines that current tax year revenues are sufficient to
17 cover all estimated expenses for the current year and all future years, by
18 September 1 the agency shall adopt a resolution advising and notifying the
19 local governing body, the county auditor, and the state tax commission and
20 recommending the adoption of an ordinance for termination of the revenue allo-
21 cation area by December 31 of the current year and declaring a surplus to be
22 distributed as described in section 50-2909, Idaho Code, should a surplus be
23 determined to exist. The agency shall cause the ordinance to be filed with the
24 office of the county recorder and the Idaho state tax commission as provided
25 in section 63-215, Idaho Code. Upon notification of revenues sufficient to
26 cover expenses as provided herein, the increment value of that revenue alloca-
27 tion area shall be included in the net taxable value of the appropriate taxing
28 districts when calculating the subsequent property tax levies pursuant to sec-
29 tion 63-803, Idaho Code. The increment value shall also be included in subse-
30 quent notification of taxable value for each taxing district pursuant to sec-
31 tion 63-1312, Idaho Code, and subsequent certification of actual and adjusted
32 market values for each school district pursuant to section 63-315, Idaho Code.
33 (6) "Clerk" means the clerk of the municipality.
34 (7) "Competitively disadvantaged border community area" means a parcel of
35 land consisting of at least forty (40) acres which is situated within the
36 jurisdiction of a county or an incorporated city and within twenty-five (25)
37 miles of a state or international border, which the governing body of such
38 county or incorporated city has determined by ordinance is disadvantaged in
39 its ability to attract business, private investment, or commercial develop-
40 ment, as a result of a competitive advantage in the adjacent state or nation
41 resulting from inequities or disparities in comparative sales taxes, income
42 taxes, property taxes, population or unique geographic features.
43 (8) "Deteriorated area" means:
44 (a) Any area, including a slum area, in which there is a predominance of
45 buildings or improvements, whether residential or nonresidential, which by
46 reason of dilapidation, deterioration, age or obsolescence, inadequate
47 provision for ventilation, light, air, sanitation, or open spaces, high
48 density of population and overcrowding, or the existence of conditions
49 which endanger life or property by fire and other causes, or any combina-
50 tion of such factors, is conducive to ill health, transmission of disease,
51 infant mortality, juvenile delinquency, or crime, and is detrimental to
52 the public health, safety, morals or welfare.
53 (b) Any area which by reason of the presence of a substantial number of
54 deteriorated or deteriorating structures, predominance of defective or
55 inadequate street layout, faulty lot layout in relation to size, adequacy,
12
1 accessibility or usefulness, insanitary or unsafe conditions, deteriora-
2 tion of site or other improvements, diversity of ownership, tax or special
3 assessment delinquency exceeding the fair value of the land, defective or
4 unusual conditions of title, or the existence of conditions which endanger
5 life or property by fire and other causes, or any combination of such fac-
6 tors, results in economic underdevelopment of the area, substantially
7 impairs or arrests the sound growth of a municipality, retards the provi-
8 sion of housing accommodations or constitutes an economic or social lia-
9 bility and is a menace to the public health, safety, morals or welfare in
10 its present condition and use.
11 (c) Any area which is predominately open and which because of obsolete
12 platting, diversity of ownership, deterioration of structures or improve-
13 ments, or otherwise, results in economic underdevelopment of the area or
14 substantially impairs or arrests the sound growth of a municipality. The
15 provisions of section 50-2008(d), Idaho Code, shall apply to open areas.
16 (d) Any area which the local governing body certifies is in need of rede-
17 velopment or rehabilitation as a result of a flood, storm, earthquake, or
18 other natural disaster or catastrophe respecting which the governor of the
19 state has certified the need for disaster assistance under any federal
20 law.
21 (e) Any area which by reason of its proximity to the border of an adja-
22 cent state is competitively disadvantaged in its ability to attract pri-
23 vate investment, business or commercial development which would promote
24 the purposes of this chapter.
25 (9) "Facilities" means land, rights in land, buildings, structures,
26 machinery, landscaping, extension of utility services, approaches, roadways
27 and parking, handling and storage areas, and similar auxiliary and related
28 facilities.
29 (10) "Increment value" means the total value calculated by summing the
30 differences between the current equalized value of each taxable property in
31 the revenue allocation area and that property's current base value on the base
32 assessment roll, provided such difference is a positive value.
33 (11) "Local governing body" means the city council or board of county com-
34 missioners of a municipality.
35 (12) "Plan" or "urban renewal plan" means a plan, as it exists or may from
36 time to time be amended, prepared and approved pursuant to section 50-2008,
37 Idaho Code, and any method or methods of financing such plan, which methods
38 may include revenue allocation financing provisions.
39 (13) "Project" or "urban renewal project" or "competitively disadvantaged
40 border areas" may include undertakings and activities of a municipality in an
41 urban renewal area for the elimination of deteriorated or deteriorating areas
42 and for the prevention of the development or spread of slums and blight, and
43 may involve slum clearance and redevelopment in an urban renewal area, or
44 rehabilitation or conservation in an urban renewal area, or any combination or
45 part thereof in accordance with an urban renewal plan. Such undertakings and
46 activities may include:
47 (a) Acquisition of a deteriorated area or a deteriorating area or portion
48 thereof;
49 (b) Demolition and removal of buildings and improvement;
50 (c) Installation, construction, or reconstruction of streets, utilities,
51 parks, playgrounds, open space, off-street parking facilities, public
52 facilities, public recreation and entertainment facilities or buildings
53 and other improvements necessary for carrying out, in the urban renewal
54 area or competitively disadvantaged border community area, the urban
55 renewal objectives of this act in accordance with the urban renewal plan
13
1 or the competitively disadvantaged border community area ordinance.
2 (d) Disposition of any property acquired in the urban renewal area or the
3 competitively disadvantaged border community area (including sale, initial
4 leasing or retention by the agency itself) or the municipality creating
5 the competitively disadvantaged border community area at its fair value
6 for uses in accordance with the urban renewal plan except for disposition
7 of property to another public body;
8 (e) Carrying out plans for a program of voluntary or compulsory repair
9 and rehabilitation of buildings or other improvements in accordance with
10 the urban renewal plan;
11 (f) Acquisition of real property in the urban renewal area or the compet-
12 itively disadvantaged border community area which, under the urban renewal
13 plan, is to be repaired or rehabilitated for dwelling use or related
14 facilities, repair or rehabilitation of the structures for guidance pur-
15 poses, and resale of the property;
16 (g) Acquisition of any other real property in the urban renewal area or
17 competitively disadvantaged border community area where necessary to elim-
18 inate unhealthful, insanitary or unsafe conditions, lessen density, elimi-
19 nate obsolete or other uses detrimental to the public welfare, or other-
20 wise to remove or to prevent the spread of blight or deterioration, or to
21 provide land for needed public facilities or where necessary to accomplish
22 the purposes for which a competitively disadvantaged border community area
23 was created by ordinance;
24 (h) Lending or investing federal funds; and
25 (i) Construction of foundations, platforms and other like structural
26 forms; and
27 (j) Acquisition, construction, reconstruction, extension, maintenance or
28 repair of intracity light rail systems including, but not limited to,
29 rights-of-way, rails, cars, and other ancillary improvements owned, con-
30 trolled or operated by a public entity, and payment of any local improve-
31 ment district assessment for said purpose.
32 (14) "Project costs" includes, but is not limited to:
33 (a) Capital costs, including the actual costs of the construction of pub-
34 lic works or improvements, facilities, buildings, structures, and perma-
35 nent fixtures; the demolition, alteration, remodeling, repair or recon-
36 struction of existing buildings, structures, and permanent fixtures; the
37 acquisition of equipment; and the clearing and grading of land;
38 (b) Financing costs, including interest during construction and capital-
39 ized debt service or repair and replacement or other appropriate reserves;
40 (c) Real property assembly costs, meaning any deficit incurred from the
41 sale or lease by a municipality of real or personal property within a rev-
42 enue allocation district;
43 (d) Professional service costs, including those costs incurred for archi-
44 tectural, planning, engineering, and legal advice and services;
45 (e) Direct administrative costs, including reasonable charges for the
46 time spent by municipal employees in connection with the implementation of
47 a project plan;
48 (f) Relocation costs;
49 (g) Other costs incidental to any of the foregoing costs.
50 (15) "Revenue allocation area" means that portion of an urban renewal area
51 or competitively disadvantaged border community area the equalized assessed
52 valuation (as shown by the taxable property assessment rolls) of which the
53 local governing body has determined, on and as a part of an urban renewal
54 plan, is likely to increase as a result of the initiation of an urban renewal
55 project or competitively disadvantaged border community area. The base assess-
14
1 ment roll or rolls of revenue allocation area or areas shall not exceed at any
2 time ten percent (10%) of the current assessed valuation of all taxable prop-
3 erty within the municipality.
4 (16) "State" means the state of Idaho.
5 (17) "Tax" or "taxes" means all property tax levies upon taxable property.
6 (18) "Taxable property" means taxable real property, personal property,
7 operating property, or any other tangible or intangible property included on
8 the equalized assessment rolls.
9 (19) "Taxing district" means a taxing district as defined in section
10 63-201, Idaho Code, as that section now exists or may hereafter be amended.
11 (20) "Termination date" means a specific date no later than twenty-four
12 (24) years from the effective date of an urban renewal plan or as described in
13 section 50-2904, Idaho Code, on which date the plan shall terminate. Every
14 urban renewal plan shall have a termination date that can be modified or
15 extended subject to the twenty-four (24) year maximum limitation. Provided
16 however, the duration of a revenue allocation financing provision may be
17 extended as provided in section 50-2904, Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
Moved by Ingram
Seconded by Werk
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1269
1 AMENDMENTS TO BILL
2 On page 4 of the printed bill, delete lines 23 through 53; and on page 5,
3 delete lines 1 through 41;
4 and also on page 5, in line 42, delete "SECTION 3" and insert: "SECTION 2"; on
5 page 6, in line 32, delete "SECTION 4" and insert: "SECTION 3"; and in line
6 39, delete "SECTION 5" and insert: "SECTION 4"; on page 8, in line 7, delete
7 "SECTION 6" and insert: "SECTION 5"; and on page 10, in line 30, delete
8 "SECTION 7" and insert: "SECTION 6".
9 CORRECTION TO TITLE
10 On page 1, in line 4, delete "AMENDING SECTION"; delete lines 5, 6 and 7;
11 and in line 8, delete "NICAL CORRECTIONS;".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1269, As Amended
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO INTRACITY LIGHT RAIL SYSTEMS; AMENDING SECTION 40-310, IDAHO CODE,
3 TO AUTHORIZE THE IDAHO TRANSPORTATION BOARD TO ALLOW THE INSTALLATION OF
4 INTRACITY LIGHT RAIL SYSTEMS UPON CERTAIN STATE HIGHWAYS; AMENDING SECTION
5 40-2109, IDAHO CODE, TO PROVIDE ADDITIONAL POWERS TO A REGIONAL PUBLIC
6 TRANSPORTATION AUTHORITY FOR CERTAIN RESPONSIBILITIES RELATED TO INTRACITY
7 LIGHT RAIL SYSTEMS AND TO CLARIFY THE AUTHORITY OF A MUNICIPALITY, HIGHWAY
8 DISTRICT, URBAN RENEWAL AGENCY AND LOCAL IMPROVEMENT DISTRICT WITH RESPECT
9 TO SUCH SYSTEMS; AMENDING SECTION 50-322, IDAHO CODE, TO PROVIDE THAT THE
10 AUTHORITY OF A CITY FOR PROCURING TRANSIT SYSTEMS INCLUDES AUTHORITY FOR
11 INTRACITY LIGHT RAIL SYSTEMS; AMENDING SECTION 50-1703, IDAHO CODE, TO
12 PROVIDE THAT THE GOVERNING BODY OF ANY MUNICIPALITY SHALL HAVE POWER TO
13 EFFECT IMPROVEMENTS RELATING TO INTRACITY LIGHT RAIL SYSTEMS; AMENDING
14 SECTION 50-2018, IDAHO CODE, TO EXPAND THE DEFINITION OF "URBAN RENEWAL
15 PROJECT" TO PROVIDE THAT UNDERTAKINGS AND ACTIVITIES OF A MUNICIPALITY MAY
16 INCLUDE CERTAIN RESPONSIBILITIES FOR INTRACITY LIGHT RAIL SYSTEMS AND
17 AUTHORITY TO PAY ANY APPLICABLE LOCAL IMPROVEMENT DISTRICT ASSESSMENT; AND
18 AMENDING SECTION 50-2903, IDAHO CODE, TO EXPAND THE DEFINITION OF
19 "PROJECT" OR "URBAN RENEWAL PROJECT" OR "COMPETITIVELY DISADVANTAGED BOR-
20 DER AREAS" TO PROVIDE THAT UNDERTAKINGS AND ACTIVITIES OF A MUNICIPALITY
21 IN AN URBAN RENEWAL AREA MAY INCLUDE CERTAIN RESPONSIBILITIES FOR
22 INTRACITY LIGHT RAIL SYSTEMS AND AUTHORITY TO PAY ANY APPLICABLE LOCAL
23 IMPROVEMENT DISTRICT ASSESSMENT.
24 Be It Enacted by the Legislature of the State of Idaho:
25 SECTION 1. That Section 40-310, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 40-310. POWERS AND DUTIES -- STATE HIGHWAY SYSTEM. The board shall:
28 (1) Determine which highways in the state, or sections of highways, shall
29 be designated and accepted for the purpose of this title as a part of the
30 state highway system.
31 (a) In determining which highways or section of highways shall be a part
32 of the state highway system, the board shall consider the relative impor-
33 tance of each highway to cities, existing business, industry and enter-
34 prises and to the development of cities, natural resources, industry and
35 agriculture and be guided by statistics on existing and projected traffic
36 volumes. The board shall also consider the safety and convenience of high-
37 way users, the common welfare of the people of the state, and of the cit-
38 ies within the state and the financial capacity of the state of Idaho to
39 acquire rights-of-way and to construct, reconstruct and maintain state
40 highways. In making a determination, the board must, before it can aban-
41 don, relocate, or replace by a new highway, any highway serving or tra-
42 versing any city, or the area in which the city is located, specifically
43 find and determine that the benefits to the state of Idaho are greater
2
1 than the economic loss and damage to the city affected. No highway serving
2 or traversing any city shall be abandoned, relocated or replaced by a new
3 highway serving the area in which a city is located without the board
4 first holding a public hearing in that city. Written notice setting forth
5 the action proposed to be taken by the board shall be served upon the
6 mayor of any city affected, and upon all property owners from which acqui-
7 sition of right-of-way is necessary and from which that property must be
8 purchased, by certified or registered mail, and shall also be published in
9 at least one (1) issue of a newspaper published and of general circulation
10 in each city affected. If there is no newspaper published in the city,
11 then a notice shall be posted in three (3) of the most public places in
12 the city. The notice shall contain a statement of any action contemplated
13 by the board affecting the city or property owner, and shall specify the
14 time and place of the hearing. At the hearing a property owner from which
15 right-of-way is necessary to be acquired and from which that property must
16 be purchased, and the governing body of any city affected may appear,
17 voice objections to the action proposed to be taken by the board, and may
18 present evidence and call witnesses in support of their objections. The
19 board shall give consideration to the protests and objections and make a
20 written decision determining whether or not the proposed action would be
21 of greater benefit to the state of Idaho than the economic loss and damage
22 resulting to the city. The board shall serve a written decision upon the
23 governing body of any affected city and property owners within ten (10)
24 days following the completion of the hearing, and no action shall be taken
25 by the board prior to the service of the written decision.
26 (b) Within ten (10) days after the written decision has been served, an
27 appeal may be taken from the decision by the person from whom the property
28 must be purchased, the interested city, board of county commissioners, or
29 highway district commissioners to the district court in and for the county
30 in which the city affected by the order is located. The appeal shall be
31 taken and perfected in the following manner:
32 1. The appellant shall file with the clerk of the district court of
33 the proper county, and serve upon the board, notice specifying the
34 grounds of appeal, and a certified copy of the decision of the board
35 appealed from. The district court shall then have jurisdiction of the
36 matter and may make any order or judgment that the equities of the
37 case require. Upon the appeal being perfected, the appeal shall
38 receive a preferential place on the calendar of the district court.
39 2. The appeal shall be heard and determined by the district court in
40 a summary manner as in a suit in equity, and the trial shall be a
41 trial de novo on the issues framed. The court may affirm, reverse, or
42 modify the order appealed from and may issue injunctions whenever it
43 appears necessary for the protection of the interests of any party to
44 the appeal.
45 3. No bond or undertaking shall be required of any party appealing
46 under any of the provisions of this section.
47 4. The filing fees required in the district court shall be the same
48 as is provided for filing cases originally in the court.
49 (c) Any final order or judgment of the district court under this subsec-
50 tion shall be appealable to the supreme court of the state of Idaho within
51 thirty (30) days following the entry of the final order or judgment in the
52 same manner as appeals in civil actions are taken to the supreme court.
53 (d) The board shall take no action on any matter affecting any property
54 owner from which right-of-way is necessary to be acquired or any city
55 until either:
3
1 1. The time has elapsed for an appeal to the district court and no
2 appeal has been filed; or
3 2. If an appeal has been taken to the district court, then until the
4 time for appeal from its final order or judgment to the supreme
5 court has elapsed and no appeal has been taken; or
6 3. If an appeal has been taken to the supreme court, then until the
7 matter has been finally determined by that court.
8 (2) The board shall cause to be prepared and publicly displayed in a con-
9 spicuous place in their offices a complete map of the state highway system in
10 which each section shall be identified by location, length and a control num-
11 ber. The map shall be of a suitable size and scale and contain data and infor-
12 mation as deemed appropriate by the board. Periodically, and not less than
13 once each year, the board shall revise and correct the map to record the
14 changes in the designated state highway system resulting from additions,
15 abandonments and relocations. Hand maps of the state highway system shall be
16 issued periodically for public distribution.
17 (3) Abandon the maintenance of any highway and remove it from the state
18 highway system, when that action is determined by the unanimous consent of the
19 board to be in the public interest.
20 (4) Locate, design, construct, reconstruct, alter, extend, repair and
21 maintain state highways, and plan, design and develop statewide transportation
22 systems, and allow the installation of intracity light rail systems upon such
23 state highways, when determined by the board to be in the public interest.
24 (5) Establish standards for the location, design, construction, recon-
25 struction, alteration, extension, repair and maintenance of state highways,
26 provided that standards of state highways through local highway jurisdictions
27 shall be coordinated with the standards in use for the systems of the respec-
28 tive local highway jurisdictions. The board shall make agreements with local
29 highway jurisdictions having within their limits state highway sections in the
30 category described in section 40-502, Idaho Code, and provide for an equitable
31 division of the maintenance of those sections. The board may also, in the
32 interest of economy and efficiency, arrange to have any or all of the state
33 highway sections within local highway jurisdictions maintained by those local
34 highway jurisdictions, the cost of the work as limited by section 40-502,
35 Idaho Code, to be reimbursed by the state.
36 (6) Cause to be made and kept, surveys, studies, maps, plans, specifica-
37 tions and estimates for the alteration, extension, repair and maintenance of
38 state highways, and so far as practicable, of all highways in the state, and
39 for that purpose to demand and to receive reports and copies of records from
40 county commissioners, commissioners of highway districts, county engineers and
41 directors of highways and all other highway officials within the state.
42 (7) Approve and determine the final plans, specifications and estimates
43 for state highways and cause contracts for state highway work to be let by
44 contract in the manner provided by law.
45 (8) Expend funds appropriated for construction, maintenance and improve-
46 ment of state highways.
47 (9) Designate state highways, or parts of them, as controlled-access
48 facilities and regulate, restrict or prohibit access to those highways to
49 serve the traffic for which the facility is intended.
50 (10) Close or restrict the use of any state highway whenever the closing
51 or restricting of use is deemed by the board to be necessary for the protec-
52 tion of the public or for the protection of the highway or any section from
53 damage.
54 (11) Designate main traveled state highways as through highways. The traf-
55 fic on through highways shall have the right-of-way over the traffic on any
4
1 other highway intersecting with it, provided, that at the intersection of two
2 (2) through highways the board shall determine which traffic shall have the
3 right-of-way.
4 (12) Furnish, erect and maintain standard signs on side highways directing
5 drivers of vehicles approaching a designated through highway to come to a full
6 stop before entering or crossing the through highway.
7 (13) Provide a right-of-way for and supervise the construction of side
8 paths or sidewalks along regularly designated state highways outside the
9 boundaries of incorporated cities and the expenditures for the construction of
10 them may be made from the highway funds of the county or highway districts.
11 (14) Upon certification and requisition of an appropriate board, commis-
12 sion, governing body, or official head of any state institution and on the
13 approval of the governor, showing the same to be necessary, construct, alter,
14 repair, and maintain the roadways in, through, and about the grounds of state
15 institutions. The construction, alteration, repair and maintenance shall be
16 accomplished and paid for from the state highway account in accordance with
17 the provisions of chapter 7, title 40, Idaho Code. This provision shall not be
18 construed to divest any board, commission, governing body, or official head of
19 an institution their constitutional or statutory powers.
20 SECTION 2. That Section 40-2109, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 40-2109. POWERS AND DUTIES OF BOARD. (1) Only one (1) regional public
23 transportation authority shall exist within a county and when established pur-
24 suant to this chapter the authority will have exclusive jurisdiction over all
25 publicly funded or publicly subsidized transportation services and programs
26 except those transportation services and programs under the jurisdiction of
27 public school districts and law enforcement agencies.
28 (2) The authority may provide public transportation services on fixed or
29 unfixed routes; public transportation services on fixed or unfixed schedules;
30 paratransit services for the elderly and people with disabilities as defined
31 in the Americans with disabilities act; special services to accommodate commu-
32 nity celebrations, sporting events and entertainment open to the public; pub-
33 lic transportation services between cities, rural areas, park-and-ride facili-
34 ties, employment centers, health care facilities, universities and commercial
35 and shopping areas; commuter services between communities; van or car pool
36 programs. The authority may also acquire, construct, reconstruct, extend,
37 maintain or repair intracity light rail systems including, but not limited to,
38 rights-of-way, rails, cars, and other ancillary improvements owned, controlled
39 or operated by a public entity. Nothing in this chapter, however, shall limit
40 the authority of a municipality, highway district, urban renewal agency, or
41 local improvement district to acquire, construct, reconstruct, extend, main-
42 tain or repair such systems.
43 (3) The authority shall fix by resolution the fares and fees to be
44 charged those who use its public transportation services. Prior to adopting
45 any such resolution, the board shall publish proposed fares and fees in at
46 least one (1) issue of a newspaper having general circulation in the region
47 and shall hold at least one (1) public hearing on the proposed fares and fees.
48 (4) The authority may establish, fund, control and operate the adminis-
49 trative, equipment maintenance, servicing, storage, fueling, and other facili-
50 ties required to support a safe and efficient public transportation system. In
51 carrying out the purposes of this chapter, the authority may employ personnel,
52 contract for services with public and private agencies and retain legal and
53 other professional counsel.
5
1 (5) The board may adopt resolutions consistent with law, as necessary,
2 for carrying out the purposes of this chapter and discharging all powers and
3 duties conferred to the authority pursuant to this chapter.
4 (6) The authority shall have an annual audit made of the financial
5 affairs of the authority as required in section 67-450B, Idaho Code, by the
6 first day of December following the close of the fiscal year.
7 (7) The authority may enter into cooperative agreements with the state,
8 other authorities, counties, cities and highway districts under the provisions
9 of section 67-2328, Idaho Code.
10 SECTION 3. That Section 50-322, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 50-322. TRANSIT SYSTEMS. Any city may, in the manner provided for acquir-
13 ing other property, purchase, lease, or otherwise procure transit systems
14 including, but not limited to, rights-of-way, rails, cars, and other ancillary
15 improvements of intracity light rail systems, and provide by general ordinance
16 for rules and regulations governing the maintenance and operation of the same.
17 SECTION 4. That Section 50-1703, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 50-1703. POWERS CONFERRED. (a) The governing body of any municipality
20 shall have power to make or cause to be made any one (1) or more or combina-
21 tion of the following improvements:
22 (1) To establish grades and lay out, establish, open, extend and widen
23 any local, collector, arterial or other street, sidewalk, alley or off-
24 street parking facility;
25 (2) To purchase, acquire, construct, improve, repair, light, grade, pave,
26 repave, surface, resurface, curb, gutter, sewer, drain, landscape and
27 beautify any street, sidewalk or alley;
28 (3) To purchase, construct, reconstruct, extend, maintain or repair
29 bridges, sidewalks, crosswalks, driveways, culverts, sanitary sewers,
30 storm sewers, ditches, drains, conduits, flood barriers and channels for
31 sanitary and drainage purposes, or either or both thereof, with inlets or
32 outlets, manholes, catch basins, flush tanks, treatment systems and all
33 other sewer and drainage appurtenances necessary for the comfort, conve-
34 nience, health and well-being of the inhabitants of the municipality; pro-
35 vided, that any improvements for sanitary sewer facilities shall be con-
36 structed so as to conform with the general rules of the Idaho department
37 of environmental quality;
38 (4) To construct, reconstruct, extend, maintain, or repair lines, facili-
39 ties and equipment (other than generating equipment) for street lighting
40 purposes or for the expansion or improvement of a previously established
41 municipally-owned electrical distribution system, to a district within the
42 boundaries of the municipality;
43 (5) To plant, or cause to be planted, set out, cultivate and maintain
44 lawns, shade trees or other landscaping;
45 (6) To cover, fence, safeguard or enclose reservoirs, canals, ditches and
46 watercourses and to construct, reconstruct, extend, line or reline, main-
47 tain and repair waterworks, reservoirs, canals, ditches, pipes, mains,
48 hydrants, and other water facilities for the purpose of supplying water
49 for domestic, irrigation and fire protection purposes, or any of them;
50 regulating, controlling or distributing the same and regulating and con-
51 trolling water and watercourses leading into the municipality;
6
1 (7) To acquire, construct, reconstruct, extend, maintain or repair park-
2 ing lots or other facilities for the parking of vehicles on or off
3 streets;
4 (8) To acquire, construct, reconstruct, extend, maintain or repair parks
5 and other recreational facilities;
6 (9) To remove any nonconforming existing facility or structure in the
7 areas to be improved;
8 (10) To construct, reconstruct, extend, maintain or repair optional
9 improvements, and to acquire, construct, reconstruct, extend, maintain or
10 repair intracity light rail systems including, but not limited to, rights-
11 of-way, rails, cars, and other ancillary improvements owned, controlled or
12 operated by a public entity;
13 (11) To acquire by purchase, gift, condemnation, or otherwise any real or
14 personal property within the limits of the municipality as in the judgment
15 of the council may be necessary or convenient in order to make any of such
16 improvements or otherwise to carry out the purposes of this chapter;
17 (12) To make any other improvements now or hereafter authorized by any
18 other law, the cost of which in whole or in part can properly be deter-
19 mined to be of particular benefit to a particular area within the munici-
20 pality;
21 (13) To construct and install all such structures, equipment and other
22 items and to do all such other work and to incur any such costs and
23 expenses as may be necessary or appropriate to complete any of such
24 improvements in a proper manner;
25 (14) To purchase, build, construct, reconstruct or otherwise improve park-
26 ing facilities and all other appurtenances necessary to provide adequate
27 off-street parking, and to that end may acquire real or personal property
28 by purchase, gift, condemnation or otherwise, and may own, possess and
29 maintain such real or personal property within the limits of the munici-
30 pality as in the judgment of the council may be necessary and convenient
31 for such purposes; and
32 (15) To acquire, purchase, build, construct or reconstruct irrigation sys-
33 tems, install underground tiling and cover open irrigation ditches.
34 (b) For the purpose of making and paying for all or a part of the cost of
35 any of such improvements (including optional improvements), the governing body
36 of a municipality may create local improvement districts within the municipal-
37 ity, levy assessments on the property within such a district which is bene-
38 fited by the making of the improvements and issue interim or registered war-
39 rants and local improvement bonds as provided in this chapter.
40 SECTION 5. That Section 50-2018, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 50-2018. DEFINITIONS. The following terms wherever used or referred to in
43 this chapter, shall have the following meanings, unless a different meaning is
44 clearly indicated by the context:
45 (a) "Agency" or "urban renewal agency" shall mean a public agency created
46 by section 50-2006, Idaho Code.
47 (b) "Municipality" shall mean any incorporated city or town, or county in
48 the state.
49 (c) "Public body" shall mean the state or any municipality, township,
50 board, commission, authority, district, or any other subdivision or public
51 body of the state.
52 (d) "Local governing body" shall mean the council or other legislative
53 body charged with governing the municipality.
7
1 (e) "Mayor" shall mean the mayor of a municipality or other officer or
2 body having the duties customarily imposed upon the executive head of a munic-
3 ipality.
4 (f) "Clerk" shall mean the clerk or other official of the municipality
5 who is the custodian of the official records of such municipality.
6 (g) "Federal government" shall include the United States of America or
7 any agency or instrumentality, corporate or otherwise, of the United States of
8 America.
9 (h) "Deteriorated area" shall mean an area in which there is a predomi-
10 nance of buildings or improvements, whether residential or nonresidential,
11 which by reason of dilapidation, deterioration, age or obsolescence, inade-
12 quate provision for ventilation, light, air, sanitation, or open spaces, high
13 density of population and overcrowding, or the existence of conditions which
14 endanger life or property by fire and other causes, or any combination of such
15 factors is conducive to ill health, transmission of disease, infant mortality,
16 juvenile delinquency, or crime, and is detrimental to the public health,
17 safety, morals or welfare.
18 (i) "Deteriorating area" shall mean an area which by reason of the pres-
19 ence of a substantial number of deteriorated or deteriorating structures, pre-
20 dominance of defective or inadequate street layout, faulty lot layout in rela-
21 tion to size, adequacy, accessibility or usefulness, insanitary or unsafe con-
22 ditions, deterioration of site or other improvements, diversity of ownership,
23 tax or special assessment delinquency exceeding the fair value of the land,
24 defective or unusual conditions of title, or the existence of conditions which
25 endanger life or property by fire and other causes, or any combination of such
26 factors, substantially impairs or arrests the sound growth of a municipality,
27 retards the provision of housing accommodations or constitutes an economic or
28 social liability and is a menace to the public health, safety, morals or wel-
29 fare in its present condition and use; provided, that if such deteriorating
30 area consists of open land the conditions contained in the proviso in section
31 50-2008(d), Idaho Code, shall apply; and provided further, that any disaster
32 area referred to in section 50-2008(g), Idaho Code, shall constitute a deteri-
33 orating area.
34 (j) "Urban renewal project" may include undertakings and activities of a
35 municipality in an urban renewal area for the elimination of deteriorated or
36 deteriorating areas and for the prevention of the development or spread of
37 slums and blight, and may involve slum clearance and redevelopment in an urban
38 renewal area, or rehabilitation or conservation in an urban renewal area, or
39 any combination or part thereof in accordance with an urban renewal plan. Such
40 undertakings and activities may include:
41 (1) acquisition of a deteriorated area or a deteriorating area or portion
42 thereof;
43 (2) demolition and removal of buildings and improvements;
44 (3) installation, construction, or reconstruction of streets, utilities,
45 parks, playgrounds, off-street parking facilities, public facilities or
46 buildings and other improvements necessary for carrying out in the urban
47 renewal area the urban renewal objectives of this chapter in accordance
48 with the urban renewal plan;
49 (4) disposition of any property acquired in the urban renewal area,
50 including sale, initial leasing or retention by the agency itself, at its
51 fair value for uses in accordance with the urban renewal plan except for
52 disposition of property to another public body;
53 (5) carrying out plans for a program of voluntary or compulsory repair
54 and rehabilitation of buildings or other improvements in accordance with
55 the urban renewal plan;
8
1 (6) acquisition of real property in the urban renewal area which, under
2 the urban renewal plan, is to be repaired or rehabilitated for dwelling
3 use or related facilities, repair or rehabilitation of the structures for
4 guidance purposes, and resale of the property;
5 (7) acquisition of any other real property in the urban renewal area
6 where necessary to eliminate unhealthful, insanitary or unsafe conditions,
7 lessen density, eliminate obsolete or other uses detrimental to the public
8 welfare, or otherwise to remove or to prevent the spread of blight or
9 deterioration, or to provide land for needed public facilities;
10 (8) lending or investing federal funds; and
11 (9) construction of foundations, platforms and other like structural
12 forms; and
13 (10) acquisition, construction, reconstruction, extension, maintenance or
14 repair of intracity light rail systems including, but not limited to,
15 rights-of-way, rails, cars, and other ancillary improvements owned, con-
16 trolled or operated by a public entity, and payment of any local improve-
17 ment district assessment for said purpose.
18 (k) "Urban renewal area" means a deteriorated area or a deteriorating
19 area or a combination thereof which the local governing body designates as
20 appropriate for an urban renewal project.
21 (l) "Urban renewal plan" means a plan, as it exists from time to time,
22 for an urban renewal project, which plan: (1) shall conform to the general
23 plan for the municipality as a whole except as provided in section 50-2008(g),
24 Idaho Code; and (2) shall be sufficiently complete to indicate such land
25 acquisition, demolition and removal of structures, redevelopment, improve-
26 ments, and rehabilitation as may be proposed to be carried out in the urban
27 renewal area, zoning and planning changes, if any, land uses, maximum densi-
28 ties, building requirements, and any method or methods of financing such plan,
29 which methods may include revenue allocation financing provisions.
30 (m) "Related activities" shall mean: (1) planning work for the prepara-
31 tion or completion of a community-wide plan or program pursuant to section
32 50-2009, Idaho Code; and (2) the functions related to the acquisition and
33 disposal of real property pursuant to section 50-2007(d), Idaho Code.
34 (n) "Real property" shall include all lands, including improvements and
35 fixtures thereon, and property of any nature appurtenant thereto, or used in
36 connection therewith, and every estate, interest, right and use, legal or
37 equitable, therein, including terms for years and liens by way of judgment,
38 mortgage or otherwise.
39 (o) "Bonds" shall mean any bonds, including refunding bonds, notes,
40 interim certificates, certificates of indebtedness, debentures or other obli-
41 gations.
42 (p) "Obligee" shall include any bondholder, agents or trustees for any
43 bondholders, or lessor demising to the municipality property used in connec-
44 tion with urban renewal, or any assignee or assignees of such lessor's inter-
45 est or any part thereof, and the federal government when it is a party to any
46 contract with the municipality.
47 (q) "Person" shall mean any individual, firm, partnership, corporation,
48 company, association, joint stock association, or body politic; and shall
49 include any trustee, receiver, assignee, or other person acting in a similar
50 representative capacity.
51 (r) "Area of operation" shall mean the area within the corporate limits
52 of the municipality and the area within five (5) miles of such limits, except
53 that it shall not include any area which lies within the territorial bound-
54 aries of another incorporated city or town or within the unincorporated area
55 of the county unless a resolution shall have been adopted by the governing
9
1 body of such other city, town or county declaring a need therefor.
2 (s) "Board" or "commission" shall mean a board, commission, department,
3 division, office, body or other unit of the municipality.
4 (t) "Public officer" shall mean any officer who is in charge of any
5 department or branch of the government of the municipality relating to health,
6 fire, building regulations, or to other activities concerning dwellings in the
7 municipality.
8 SECTION 6. That Section 50-2903, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 50-2903. DEFINITIONS. The following terms used in this chapter shall have
11 the following meanings, unless the context otherwise requires:
12 (1) "Act" or "this act" means this revenue allocation act.
13 (2) "Agency" or "urban renewal agency" means a public body created pursu-
14 ant to section 50-2006, Idaho Code.
15 (3) "Authorized municipality" or "municipality" means any county or
16 incorporated city which has established an urban renewal agency, or by ordi-
17 nance has identified and created a competitively disadvantaged border commu-
18 nity.
19 (4) "Base assessment roll" means the equalized assessment rolls, for all
20 classes of taxable property, on January 1 of the year in which the local gov-
21 erning body of an authorized municipality passes an ordinance adopting or mod-
22 ifying an urban renewal plan containing a revenue allocation financing provi-
23 sion, except that the base assessment roll shall be adjusted as follows: the
24 equalized assessment valuation of the taxable property in a revenue allocation
25 area as shown upon the base assessment roll shall be reduced by the amount by
26 which the equalized assessed valuation as shown on the base assessment roll
27 exceeds the current equalized assessed valuation of any taxable property
28 located in the revenue allocation area, and by the equalized assessed valua-
29 tion of taxable property in such revenue allocation area that becomes exempt
30 from taxation subsequent to the date of the base assessment roll. The equal-
31 ized assessed valuation of the taxable property in a revenue allocation area
32 as shown on the base assessment roll shall be increased by the equalized
33 assessed valuation, as of the date of the base assessment roll, of taxable
34 property in such revenue allocation area that becomes taxable after the date
35 of the base assessment roll.
36 (5) "Budget" means an annual estimate of revenues and expenses for the
37 following fiscal year of the agency. An agency shall, by September 1 of each
38 calendar year, adopt and publish, as described in section 50-1002, Idaho Code,
39 a budget for the next fiscal year. An agency may amend its adopted budget
40 using the same procedures as used for adoption of the budget. For the fiscal
41 year that immediately predates the termination date for an urban renewal plan
42 involving a revenue allocation area or will include the termination date, the
43 agency shall adopt and publish a budget specifically for the projected reve-
44 nues and expenses of the plan and make a determination as to whether the reve-
45 nue allocation area can be terminated before the January 1 of the termination
46 year pursuant to the terms of section 50-2909(4), Idaho Code. In the event
47 that the agency determines that current tax year revenues are sufficient to
48 cover all estimated expenses for the current year and all future years, by
49 September 1 the agency shall adopt a resolution advising and notifying the
50 local governing body, the county auditor, and the state tax commission and
51 recommending the adoption of an ordinance for termination of the revenue allo-
52 cation area by December 31 of the current year and declaring a surplus to be
53 distributed as described in section 50-2909, Idaho Code, should a surplus be
10
1 determined to exist. The agency shall cause the ordinance to be filed with the
2 office of the county recorder and the Idaho state tax commission as provided
3 in section 63-215, Idaho Code. Upon notification of revenues sufficient to
4 cover expenses as provided herein, the increment value of that revenue alloca-
5 tion area shall be included in the net taxable value of the appropriate taxing
6 districts when calculating the subsequent property tax levies pursuant to sec-
7 tion 63-803, Idaho Code. The increment value shall also be included in subse-
8 quent notification of taxable value for each taxing district pursuant to sec-
9 tion 63-1312, Idaho Code, and subsequent certification of actual and adjusted
10 market values for each school district pursuant to section 63-315, Idaho Code.
11 (6) "Clerk" means the clerk of the municipality.
12 (7) "Competitively disadvantaged border community area" means a parcel of
13 land consisting of at least forty (40) acres which is situated within the
14 jurisdiction of a county or an incorporated city and within twenty-five (25)
15 miles of a state or international border, which the governing body of such
16 county or incorporated city has determined by ordinance is disadvantaged in
17 its ability to attract business, private investment, or commercial develop-
18 ment, as a result of a competitive advantage in the adjacent state or nation
19 resulting from inequities or disparities in comparative sales taxes, income
20 taxes, property taxes, population or unique geographic features.
21 (8) "Deteriorated area" means:
22 (a) Any area, including a slum area, in which there is a predominance of
23 buildings or improvements, whether residential or nonresidential, which by
24 reason of dilapidation, deterioration, age or obsolescence, inadequate
25 provision for ventilation, light, air, sanitation, or open spaces, high
26 density of population and overcrowding, or the existence of conditions
27 which endanger life or property by fire and other causes, or any combina-
28 tion of such factors, is conducive to ill health, transmission of disease,
29 infant mortality, juvenile delinquency, or crime, and is detrimental to
30 the public health, safety, morals or welfare.
31 (b) Any area which by reason of the presence of a substantial number of
32 deteriorated or deteriorating structures, predominance of defective or
33 inadequate street layout, faulty lot layout in relation to size, adequacy,
34 accessibility or usefulness, insanitary or unsafe conditions, deteriora-
35 tion of site or other improvements, diversity of ownership, tax or special
36 assessment delinquency exceeding the fair value of the land, defective or
37 unusual conditions of title, or the existence of conditions which endanger
38 life or property by fire and other causes, or any combination of such fac-
39 tors, results in economic underdevelopment of the area, substantially
40 impairs or arrests the sound growth of a municipality, retards the provi-
41 sion of housing accommodations or constitutes an economic or social lia-
42 bility and is a menace to the public health, safety, morals or welfare in
43 its present condition and use.
44 (c) Any area which is predominately open and which because of obsolete
45 platting, diversity of ownership, deterioration of structures or improve-
46 ments, or otherwise, results in economic underdevelopment of the area or
47 substantially impairs or arrests the sound growth of a municipality. The
48 provisions of section 50-2008(d), Idaho Code, shall apply to open areas.
49 (d) Any area which the local governing body certifies is in need of rede-
50 velopment or rehabilitation as a result of a flood, storm, earthquake, or
51 other natural disaster or catastrophe respecting which the governor of the
52 state has certified the need for disaster assistance under any federal
53 law.
54 (e) Any area which by reason of its proximity to the border of an adja-
55 cent state is competitively disadvantaged in its ability to attract pri-
11
1 vate investment, business or commercial development which would promote
2 the purposes of this chapter.
3 (9) "Facilities" means land, rights in land, buildings, structures,
4 machinery, landscaping, extension of utility services, approaches, roadways
5 and parking, handling and storage areas, and similar auxiliary and related
6 facilities.
7 (10) "Increment value" means the total value calculated by summing the
8 differences between the current equalized value of each taxable property in
9 the revenue allocation area and that property's current base value on the base
10 assessment roll, provided such difference is a positive value.
11 (11) "Local governing body" means the city council or board of county com-
12 missioners of a municipality.
13 (12) "Plan" or "urban renewal plan" means a plan, as it exists or may from
14 time to time be amended, prepared and approved pursuant to section 50-2008,
15 Idaho Code, and any method or methods of financing such plan, which methods
16 may include revenue allocation financing provisions.
17 (13) "Project" or "urban renewal project" or "competitively disadvantaged
18 border areas" may include undertakings and activities of a municipality in an
19 urban renewal area for the elimination of deteriorated or deteriorating areas
20 and for the prevention of the development or spread of slums and blight, and
21 may involve slum clearance and redevelopment in an urban renewal area, or
22 rehabilitation or conservation in an urban renewal area, or any combination or
23 part thereof in accordance with an urban renewal plan. Such undertakings and
24 activities may include:
25 (a) Acquisition of a deteriorated area or a deteriorating area or portion
26 thereof;
27 (b) Demolition and removal of buildings and improvement;
28 (c) Installation, construction, or reconstruction of streets, utilities,
29 parks, playgrounds, open space, off-street parking facilities, public
30 facilities, public recreation and entertainment facilities or buildings
31 and other improvements necessary for carrying out, in the urban renewal
32 area or competitively disadvantaged border community area, the urban
33 renewal objectives of this act in accordance with the urban renewal plan
34 or the competitively disadvantaged border community area ordinance.
35 (d) Disposition of any property acquired in the urban renewal area or the
36 competitively disadvantaged border community area (including sale, initial
37 leasing or retention by the agency itself) or the municipality creating
38 the competitively disadvantaged border community area at its fair value
39 for uses in accordance with the urban renewal plan except for disposition
40 of property to another public body;
41 (e) Carrying out plans for a program of voluntary or compulsory repair
42 and rehabilitation of buildings or other improvements in accordance with
43 the urban renewal plan;
44 (f) Acquisition of real property in the urban renewal area or the compet-
45 itively disadvantaged border community area which, under the urban renewal
46 plan, is to be repaired or rehabilitated for dwelling use or related
47 facilities, repair or rehabilitation of the structures for guidance pur-
48 poses, and resale of the property;
49 (g) Acquisition of any other real property in the urban renewal area or
50 competitively disadvantaged border community area where necessary to elim-
51 inate unhealthful, insanitary or unsafe conditions, lessen density, elimi-
52 nate obsolete or other uses detrimental to the public welfare, or other-
53 wise to remove or to prevent the spread of blight or deterioration, or to
54 provide land for needed public facilities or where necessary to accomplish
55 the purposes for which a competitively disadvantaged border community area
12
1 was created by ordinance;
2 (h) Lending or investing federal funds; and
3 (i) Construction of foundations, platforms and other like structural
4 forms; and
5 (j) Acquisition, construction, reconstruction, extension, maintenance or
6 repair of intracity light rail systems including, but not limited to,
7 rights-of-way, rails, cars, and other ancillary improvements owned, con-
8 trolled or operated by a public entity, and payment of any local improve-
9 ment district assessment for said purpose.
10 (14) "Project costs" includes, but is not limited to:
11 (a) Capital costs, including the actual costs of the construction of pub-
12 lic works or improvements, facilities, buildings, structures, and perma-
13 nent fixtures; the demolition, alteration, remodeling, repair or recon-
14 struction of existing buildings, structures, and permanent fixtures; the
15 acquisition of equipment; and the clearing and grading of land;
16 (b) Financing costs, including interest during construction and capital-
17 ized debt service or repair and replacement or other appropriate reserves;
18 (c) Real property assembly costs, meaning any deficit incurred from the
19 sale or lease by a municipality of real or personal property within a rev-
20 enue allocation district;
21 (d) Professional service costs, including those costs incurred for archi-
22 tectural, planning, engineering, and legal advice and services;
23 (e) Direct administrative costs, including reasonable charges for the
24 time spent by municipal employees in connection with the implementation of
25 a project plan;
26 (f) Relocation costs;
27 (g) Other costs incidental to any of the foregoing costs.
28 (15) "Revenue allocation area" means that portion of an urban renewal area
29 or competitively disadvantaged border community area the equalized assessed
30 valuation (as shown by the taxable property assessment rolls) of which the
31 local governing body has determined, on and as a part of an urban renewal
32 plan, is likely to increase as a result of the initiation of an urban renewal
33 project or competitively disadvantaged border community area. The base assess-
34 ment roll or rolls of revenue allocation area or areas shall not exceed at any
35 time ten percent (10%) of the current assessed valuation of all taxable prop-
36 erty within the municipality.
37 (16) "State" means the state of Idaho.
38 (17) "Tax" or "taxes" means all property tax levies upon taxable property.
39 (18) "Taxable property" means taxable real property, personal property,
40 operating property, or any other tangible or intangible property included on
41 the equalized assessment rolls.
42 (19) "Taxing district" means a taxing district as defined in section
43 63-201, Idaho Code, as that section now exists or may hereafter be amended.
44 (20) "Termination date" means a specific date no later than twenty-four
45 (24) years from the effective date of an urban renewal plan or as described in
46 section 50-2904, Idaho Code, on which date the plan shall terminate. Every
47 urban renewal plan shall have a termination date that can be modified or
48 extended subject to the twenty-four (24) year maximum limitation. Provided
49 however, the duration of a revenue allocation financing provision may be
50 extended as provided in section 50-2904, Idaho Code.
STATEMENT OF PURPOSE
RS 13806
The purpose of this legislation is to clarify existing law
allowing local governments to use currently available funding
sources to acquire, construct, maintain and operate intra-city
rail systems.
FISCAL IMPACT
There is no fiscal impact to the state general account.
Contact
Name: Senator Cecil Ingram
Phone: 336-1316
Russ Westerberg
STATEMENT OF PURPOSE/FISCAL NOTE S 1269