2005 Idaho Code - 39-1453 — RENTS AND CHARGES

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 14
                              HEALTH FACILITIES
    39-1453.  RENTS AND CHARGES. The authority is authorized to fix, revise,
charge and collect rates, rents, fees and charges for the use of and for the
services furnished or to be furnished by each facility and to contract with
any person, partnership, association or corporation, or other body, public or
private, in respect thereof. Such rates, rents, fees and charges shall be
fixed and adjusted in respect of the aggregate of rates, rents, fees and
charges from such facility so as to provide funds sufficient with other
revenues or moneys available therefor, if any, to pay the cost of maintaining,
repairing and operating the facility and each and every portion thereof, to
the extent that the payment of such cost has not otherwise been adequately
provided for, to pay the principal of and the interest on outstanding bonds or
notes of the authority issued in respect of such facility as the same shall
become due and payable, and to create and maintain reserves required or
provided for in any resolution authorizing, or trust agreement securing, such
bonds or notes of the authority. Such rates, rents, fees and charges shall not
be subject to supervision or regulation by any department, commission, board,
body, bureau or agency of this state other than the authority. A sufficient
amount of the revenues derived in respect of a facility, except such part of
such revenues as may be necessary to pay the cost of maintenance, repair and
operation and to provide reserves and for renewals, replacements, extensions,
enlargements and improvements as may be provided for in the resolution
authorizing the issuance of any bonds or notes of the authority or in the
trust agreement securing the same, shall be set aside at such regular
intervals as may be provided in such resolution or trust agreement in a
sinking or other similar fund which is hereby pledged to, and charged with,
the payment of the principal of and the interest on such bonds or notes as the
same shall become due, and the redemption price or the purchase price of bonds
retired by call or purchase as therein provided. Such pledge shall be valid
and binding from the time when the pledge is made; the rates, rents, fees and
charges and other revenues or other moneys so pledged and thereafter received
by the authority shall immediately be subject to the lien of such pledge
without any physical delivery thereof or further act, and the lien of any such
pledge shall be valid and binding as against all parties having claims of any
kind in tort, contract or otherwise against the authority, irrespective of
whether such parties have notice thereof. Neither the resolution nor any trust
agreement nor any other agreement nor any lease by which a pledge is created
need be filed or recorded except in the records of the authority. The use and
disposition of moneys to the credit of such sinking or other similar fund
shall be subject to the resolution authorizing the issuance of such bonds or
notes or of such trust agreement. Except as may otherwise be provided in such
resolution or such trust agreement, such sinking or other similar fund may be
a fund for all such bonds or notes issued to finance facilities at a
particular health institution without distinction or priority of one over
another, provided the authority in any such resolution or trust agreement may
provide that such sinking or other similar fund shall be the fund for a
particular facility at a health institution and for the bonds issued to
finance a particular facility and may, additionally, permit and provide for
the issuance of bonds having a subordinate lien in respect of the security
herein authorized to other bonds of the authority, and, in such case, the
authority may create separate sinking or other similar funds in respect of
such subordinate lien bonds.