Creation of dormitory housing commissions.
In each junior college district of the state there is hereby created an independent public body corporate and politic to be known as a dormitory housing commission which shall not be an agency of the junior college district; provided, however, that such commission shall not transact any business or exercise its powers hereunder until or unless the board of trustees of the junior college district, by proper resolution, shall declare at any time hereafter that there is need for a commission to function in such district. The determination as to whether or not there is such need for a commission to function (a) may be made by the governing body on its own motion or (b) shall be made by the governing body upon the filing of a petition signed by twenty-five (25) residents of the district asserting that there is need for a commission to function in such district and requesting that the governing body so declare.
The governing body shall adopt a resolution declaring that there is need for a dormitory or dormitories at the junior college operated by such district, and shall set out in said resolution its finding, setting forth the necessity for such dormitory or dormitories, including such facts as it may find proper supporting such resolution.
In any suit, action or proceeding involving the validity or enforcement of, or relating to any contract of, the commission, the commission shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder, upon proof of the adoption of a resolution by the board of trustees of a junior college district declaring the need for the commission. Such resolution or resolutions shall be deemed sufficient if it declares that there is such need for a commission and finds in substantially the foregoing terms (no further detail being necessary) that such conditions exist in the junior college district. A copy of such resolution, duly certified by the clerk, shall be admissible in evidence in any suit, action or proceeding.
Notes of Decisions
Bd. of Cnty. Commissioners v. Idaho Health Facilities Auth., 531 P.2d 588 (Idaho 1975).
· cites it 4× “I.C. § 33-2118. The commission had the power to sue and be sued, to have a corporate seal, to have perpetual succession, to make, amend and repeal bylaws, rules and regulations, to acquire, lease, operate, construct, improve and alter dormitory housing, and to rent, manage and…”
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