2005 Idaho Code - 67-4912 — GENERAL POWERS OF BOARD

                                  TITLE  67
                      STATE GOVERNMENT AND STATE AFFAIRS
                                  CHAPTER 49
                             AUDITORIUM DISTRICTS
    67-4912.  GENERAL POWERS OF BOARD. For and on behalf of the district the
board shall have the following powers:
    (a)  To have perpetual existence;
    (b)  To have and use a corporate seal;
    (c)  To sue and be sued, and be a party to suits, actions, and
proceedings;
    (d)  Except as otherwise provided in this chapter, to enter into contracts
and agreements, cooperative and otherwise, affecting the affairs of the
district, including contracts with the United States of America and any of its
agencies or instrumentalities, and contracts with corporations, public or
private, municipalities, or governmental subdivisions, and to cooperate with
any one (1) or more of them in building, erecting, marketing or constructing
facilities within the district. Except in cases in which a district will
receive aid from a governmental agency, purchasing shall be accomplished in
accordance with the provisions of chapter 28, title 67, Idaho Code;
    (e)  To borrow money and incur indebtedness and evidence the same by
certificate, notes or debentures, and to issue bonds, in accordance with the
provisions of this chapter;
    (f)  To acquire, dispose of and encumber real and personal property, and
any interest therein, including leases and easements within said district;
    (g)  To refund any bonded indebtedness of the district without any
election; provided, however, that the obligations of the district shall not be
increased by any refund of bonded indebtedness. Otherwise the terms and
conditions of refunding bonds shall be substantially the same as those of an
original issue of bonds;
    (h)  To have the management, control and supervision of all the business
and affairs of the district, and the construction, installation, operation and
maintenance of district facilities therein or therefor;
    (i)  To hire and retain agents, employees, engineers and attorneys;
    (j)  To construct and maintain works and establish and maintain facilities
across or along any public street or highway, and in, upon or over any vacant
public lands, which public lands are now, or may become, the property of the
state of Idaho, and to construct works and establish and maintain facilities
across any stream of water or watercourse; provided, however, that the
district shall promptly restore any such street or highway to its former state
of usefulness as nearly as may be, and shall not use the same in such manner
as to completely or unnecessarily impair the usefulness thereof;
    (k)  To fix and from time to time to increase or decrease rates, tolls or
charges for services or facilities furnished by the district, and to pledge
such revenue for the payment of any indebtedness of the district. The board
shall fix rates, tolls and charges;
    (l)  To petition to enlarge the district by obtaining the consent of not
less than ten percent (10%) of the qualified electors of any area to be so
included, and then to follow the procedure set forth herein for creating said
district;
    (m)  To promote any functions for said district, provided that said board
shall not engage in operations that are inconsistent with the purpose of said
district; and it shall be the policy of the board not to compete with existing
facilities and services in the district, wherever practicable;
    (n)  To adopt and amend bylaws not in conflict with the constitution and
laws of the state for carrying on the business, objects and affairs of the
board and of the districts;
    (o)  To have and exercise all rights and powers necessary or incidental to
or implied from the specific powers granted herein, except that districts
formed prior to January 1, 1987, or districts with twenty-five thousand
(25,000) or more population shall have no power to levy and collect property
taxes. Such specific powers shall not be considered as a limitation upon any
power necessary or appropriate to carry out the purposes and intent of this
chapter.