40-2105. CREATION OF AUTHORITY — VOTER APPROVAL — NAME. Authorities may be established in one (1) of the following ways:

(1) (a) County-wide authorities. A city or commission by resolution may call for an election to establish a regional public transportation authority in the county to carry out the purposes of this chapter. The entire geographical area of the county must be included within the jurisdiction of an authority created pursuant to this subsection.

(b) The ballot question shall seek voter approval of the establishment of the authority.

(2) (a) Regional authorities. A city or commission may adopt a resolution proposing to establish an authority which contains contiguous parts of one (1) or more counties. The resolutions shall include a legal description of a contiguous region encompassed by the proposed authority and specifically name each city and county wholly or partially included therein. Boundaries of the proposed authority shall conform insofar as possible to existing boundaries dividing voting precincts.

(b) A certified copy of the resolution shall be transmitted by registered mail to the chief elected official of each city and county wholly or partially included in the proposed region.

(c) Each city and county shall, by resolution, either approve without alteration or reject the resolution proposing the establishment of an authority and transmit a certified copy to the clerk or recorder of the initiating city or commission. If a city or county fails to act upon the resolution proposing the establishment of an authority within sixty (60) days after receipt of the certified copy, the city or county is deemed to have rejected the resolution.

(d) If the city councils and county commissions of all cities and counties wholly or partially included in the proposed region approve the resolution proposing the establishment of an authority, the question shall be submitted for voter approval. The ballot question shall generally describe the area which is proposed to be included in the authority, identify each city and county which will be located either wholly or partially within the authority and shall seek voter approval of the establishment of the authority.

(3) Authorization to establish a regional public transportation authority may be made only by the registered voters of the region at an election held at least sixty (60) days after the final resolution is adopted and in conformity with section 34-106, Idaho Code. A simple majority of votes cast on the question shall be necessary to establish the authority.

(4) An authority created pursuant to this act shall be named the "……. (name of authority) REGIONAL PUBLIC TRANSPORTATION AUTHORITY." In the event two (2) or more authorities should by cooperative agreement merge their services the name may be appropriately changed by a majority vote of the board of each authority.

History:

[40-2105, added 1994, ch. 327, sec. 1, p. 1054; am. 1996, ch. 353, sec. 3, p. 1178.]