2017 Idaho Statutes
Title 21 - AERONAUTICS
Chapter 8 - REGIONAL AIRPORTS
Section 21-814 - DISSOLUTION OF AUTHORITY.

Universal Citation: ID Code § 21-814 (2017)

21-814. Dissolution of authority. A regional airport authority shall be, or may be, dissolved in accordance with the provisions herein provided:
(a) If following the withdrawal pursuant to the provisions of section 21-805B, Idaho Code, of any county from a previously organized regional airport authority there shall remain in such authority less than three (3) counties, such regional airport authority shall be dissolved in accordance with the provisions herein set forth in subsection (b) of this section in the same manner as though the election for dissolution therein specified had been held and approved.
(b) The board of trustees of any regional airport authority may, at any regularly scheduled meeting, approve by majority vote, the calling of an election within the counties comprising the authority, to determine whether or not the regional airport authority should be dissolved, upon a finding by a majority of the board that there no longer exists any worthwhile reason for the regional airport authority’s continuing in existence.
(1) Upon the determination by majority vote that it desires to call an election to determine whether or not the regional airport authority should be dissolved, the board of trustees of such authority shall further determine the percentage that the assessed valuation of each county within the authority bears to the total assessed valuation of all counties within the authority, based upon the assessed valuation used in the authority’s last certification of dollar amounts to the counties for ad valorem tax purposes, and shall forward to the Idaho transportation department the boards of trustees’ certification that such dissolution election has been called for and the board’s computation of the percentage that the assessed valuation of each county within the authority bears to the total assessed valuation of all counties within the authority.
(2) Upon receiving such certification from the board of trustees of the regional airport authority, the Idaho transportation department shall within ten (10) days from receipt thereof enter an order directing the county commissioners of each of the counties within such regional airport authority to hold an election upon the date of the next election held pursuant to section 34-106, Idaho Code, following such order for the purpose of determining whether or not the regional airport authority should be dissolved. Such order shall specify the percentage that the assessment valuation of each county within the authority bears to the total assessed valuation of all counties within the authority, as determined by the board of trustees, and shall direct that the notice of election and questions to be submitted to the voters shall indicate that if dissolution be approved, each of the counties shall remain liable for such counties’ respective percentage of all bonded, warrant, and other indebtedness existing at the time of dissolution, or thereafter incurred for the purposes of winding up the affairs of the authority.
(3) Upon receipt of such order from the Idaho transportation department, the county commissioners of each county within the regional airport authority shall enter an order directing that an election shall be held within such county on the date specified in such order to determine whether or not the regional airport authority shall be dissolved. Such election shall be conducted in the manner set forth in subsections (6) and (7), section 21-805B, Idaho Code, except that the notice of election and the question submitted to the voters shall specify that the question to be determined is whether or not the regional airport authority should be dissolved, rather than whether or not a specified county should withdraw from the authority.
(4) At the next regularly scheduled meeting following such election, the boards of county commissioners of the respective counties, having held such elections shall canvass and certify the results thereof to the Idaho transportation department and the regional airport authority.
(5) If a majority of all of the voters voting at such elections in all of the counties within the regional airport authority shall vote in the affirmative for the dissolution of the regional airport authority, the board of trustees of the regional airport authority at their next regular meeting following receipt of certification of such election results to them by the respective boards of county commissioners shall determine the total amount of all bonded, warrant, and other indebtedness of the authority existing as of the date of such election, and shall certify the amounts of all such indebtednesses and to whom owed to the Idaho transportation department within ten (10) days following such meeting. If the certification from the county commissioners shall indicate that a majority of the voters in all of the counties voting at such election have voted in the negative on the question of whether the authority should be dissolved, the board of trustees need not make such determination or certification to the Idaho transportation department.
(6) If the Idaho transportation department receives a certification from the county commissioners of each of the respective counties that such election has been held, and the votes thereof canvassed, and it appears from such certifications that a majority of all of the persons voting at such elections within all such counties have voted in the affirmative to have the regional airport authority dissolved, the Idaho transportation department shall upon receipt of certification from the board of trustees of the regional airport authority of the amount of bonded, warrant, and other indebtedness of the authority existing as of the date of such election, enter and deliver to the respective county commissioners of each county within such authority an order that a majority having voted for dissolution of the regional airport authority it is dissolved. Such order shall further itemize the total bonded, warrant, and other indebtedness of the regional airport authority existing as of the date of such dissolution, and shall order that each county within the authority, including any that may still owe a portion of the liability after having previously withdrawn, shall remain liable for the percentage of such indebtedness previously determined by the order of the transportation department and each such county shall thereafter remain liable to the regional airport authority for the amount determined by applying the percentages so determined to the existing indebtedness so determined together with any other necessary expenses which may thereafter be incurred for the purpose of winding up the business of the regional airport authority.
(7) After the entry of such order of dissolution by the Idaho transportation department, the board of trustees of the regional airport authority shall have no right or authority to incur any additional expenses in conducting and carrying on the business of the authority except those necessary to wind up the affairs of the authority. In winding up the affairs of the authority, the board of trustees shall continue to exercise all of the rights and powers granted to them by law to the extent necessary to wind up the authority’s affairs including the right to determine and certify annually to the respective boards of county commissioners of the counties obligated to pay therefor under the order of the Idaho transportation department the dollar amounts necessary to be raised by ad valorem taxes on all property within such counties to pay such counties’ share of all bonded, warrant, and other indebtednesses existing as of the date of the dissolution of such authority, and all necessary expenses incurred thereafter in winding up the affairs of the authority. The county commissioners of each such county shall thereafter compute the amount of ad valorem tax necessary to raise the amount so certified and shall levy and collect such taxes in the same manner as other ad valorem taxes levied by the county.
(8) When all bonded, warrant, and other indebtednesses of the regional airport authority existing as of the date of the dissolution of election have been paid, together with all necessary expenses incurred in winding up the affairs thereof, the board of trustees of the regional airport authority shall refund to the counties having constituted such authority each county’s pro rata share of any money or other assets of the authority which have not been disbursed; such pro rata share to be based upon the same percentage that the counties were required to pay upon the indebtednesses of the regional airport authority in winding up its affairs.
(9) Upon completion of the winding up of the affairs of the regional airport authority, the board of trustees thereof shall certify such fact to the Idaho transportation department; and upon receipt of such certification the Idaho transportation department shall enter and forward to the counties its order that the affairs of the regional airport authority have been wound up; that the board of trustees of the regional airport authority is dissolved; and that all powers of the board of trustees are terminated as of the date of such order.
(10) All dollar certification amounts previously certified to the counties included within the regional airport authority prior to its dissolution which remain uncollected or undisbursed to the regional airport authority at the time of the entry of the order by the Idaho transportation department winding up the affairs of the regional airport authority and terminating its board of trustees shall be retained by such counties and placed in their general fund.
(11) Nothing in this act shall be construed as impairing the validity of any bonds or warrants of the regional airport authority outstanding at the time of the entry of the order of dissolution of the authority by the Idaho transportation department pursuant to the provisions of this section; nor shall the dissolution of the regional airport authority pursuant to the provisions of this section in any way affect the rights of holders of general obligation bonds issued by the regional airport authority prior to the time of the entry of such order of dissolution.

History:
[21-814, added 1979, ch. 128, sec. 1, p. 396; am. 1995, ch. 118, sec. 6, p. 425.]

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