Projects to be self-supporting.
The council of a city issuing bonds pursuant to this act shall prescribe and collect reasonable rates, fees, tolls or charges for the services, facilities and commodities furnished by such works or rehabilitated existing electrical generating facilities, and shall revise such rates, fees, tolls or charges from time to time, to provide that all such works or rehabilitated existing electrical generating facilities shall be and always remain self-supporting. The rates, fees, tolls or charges prescribed shall be such as will produce revenue at least sufficient, (a) to pay when due all bonds and interest thereon for the payment of which such revenue is or shall have been pledged, charged or otherwise encumbered including reserves therefor, and (b) to provide for all expenses of operation and maintenance of such works or rehabilitated existing electrical generating facilities, including reserves therefor.
Notes of Decisions
N. Idaho Bldg. Contractors Ass'n v. City of Hayden, 432 P.3d 976 (Idaho 2018).
· cites it 4× “" I.C. § 50-1032. Idaho Code § 50-1033 specifically allows a municipality to use revenues collected from users of the system to "provide for all expenses of operation, maintenance, replacement and depreciation of such works .”
Hill-Vu Mobile Home Park v. City of Pocatello, 402 P.3d 1041 (Idaho 2017).
· cites it 2× “” I.C. § 50-1032. Those fees had to be sufficient to pay when due all bonds and interest as required by Idaho Code section 504032(a) and “to provide for all expenses of operation and maintenance of such works .”
Loomis v. City of Hailey, 807 P.2d 1272 (Idaho 1991).
· cites it 2× “Idaho Code § 50-1033 specifically allows a municipality to use revenues collected from users of the system to “provide for all expenses of operation, maintenance, replacement and depreciation of such works .”
Manwaring Investments, L.C. v. City of Blackfoot, 405 P.3d 22 (Idaho 2017).
· cites it 2× “No city shall operate any works primarily as a source of revenue to the city, but shall operate all such works for the use and benefit of those served by such works and for the promotion of the welfare and for the improvement of the health, safety, comfort and convenience of the…”
Bradbury v. City of Lewiston, 533 P.3d 606 (Idaho 2023).
· cites it 2× “Likewise, we do not agree that the mere existence of an unexpended balance, or a lawful transfer under Idaho Code section 50-1014, establishes an inherent violation of section 63-1311.”
No ID Bldg Cont Assoc v. City of Hayden (Idaho 2018).
· cites it 2× “” In addition, I.C. § 50-1032 requires the system to be “self-supporting” and allows reserves to be accumulated for maintenance and rehabilitation of the system.”
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