Idaho Code § 50-3101 — Idaho Code / Title 50 / Chapter 31 / Section 50-3101
50-3101 PURPOSE, RELATIONSHIP WITH OTHER LAWS AND SHORT TITLE.
Status: in_force

50-3101. Purpose, relationship with other laws and short title. (1) The purpose of this chapter is:

(a) To encourage the funding and construction of regional community infrastructure in advance of actual developmental growth that creates the need for such additional infrastructure;

(b) To provide a means for the advance payment of development impact fees established in chapter 82, title 67, Idaho Code, and the community infrastructure that may be financed thereby; and

(c) To create additional financial tools and financing mechanisms that allow new growth to more expediently pay for itself.

(2) Only community infrastructure to be publicly owned by this state or a political subdivision thereof may be financed pursuant to this chapter.

(3) A community infrastructure district may be formed pursuant to this chapter only by a city in the city's incorporated area, by a county in an area contained within a city's comprehensive plan with the city's consent, or by a county when the district is outside of a city's comprehensive plan.

(4) A community infrastructure district may be formed only after (i) prior review and approval by the governing body of each county or city in which the district is proposed to be located of a petition requesting the formation of the district, and (ii) the necessary approvals for site development under the local land use planning act, sections 67-6501 et seq., Idaho Code, and the planning and zoning ordinances of each county and city in which the district is proposed to be located have been obtained; provided however, that where there will be phased development, approvals obtained for the first phase of site development shall be sufficient for the initial creation and organization of the district. The formation of a district pursuant to this chapter shall not prevent the exercise by a county, city or other political subdivision of any of its powers on the same basis as on all other land within its jurisdiction. Notwithstanding the formation of a district, the development of real property located within the district shall remain subject to the provisions of chapter 65, title 67, Idaho Code, and the applicable planning and zoning ordinances of the counties and cities in which the district is located. The formation of a district pursuant to this chapter shall not prevent the subsequent establishment of other districts or the improvement or assessment of land within the district by a county, city or other political subdivision.

(5) This chapter shall be known and may be cited as the "Community Infrastructure District Act."

History:

[50-3101, added 2008, ch. 410, sec. 1, p. 1140; am. 2026, ch. 300, sec. 1, p. 1233.]
Idaho Code § 50-803 — Idaho Code / Title 50 / Chapter 8 / Section 50-803
50-803 TIME FOR HOLDING SPECIAL ELECTION ON PROPOSITION.
Status: in_force

50-803. Time for holding special election on proposition. Within ten (10) days after the filing of such petition or resolution with the city clerk, the mayor shall, by proclamation, establish a date for holding a special election on the question of adopting the council-manager plan, such date to be determined as follows:

(1) When the petition or resolution is filed with the city clerk during a year when no general city election is to be held, such election shall be held on the date authorized in section 34-106, Idaho Code, that is nearest to but not less than sixty (60) days following filing of such petition or resolution;

(2) When the petition or resolution is filed with the city clerk during a year when a general city election is to be held, such election shall be held on the date for holding general city elections.

History:

[50-803, added 1967, ch. 429, sec. 142, p. 1249; am. 1984, ch. 156, sec. 3, p. 382; am. 2009, ch. 341, sec. 125, p. 1056.]
Idaho Code § 50-2507 — Idaho Code / Title 50 / Chapter 25 / Section 50-2507
50-2507 RESOLUTION DECLARING INTENTION TO CREATE DISTRICT.
Status: in_force

50-2507. Resolution declaring intention to create district. On the filing with the clerk or any governing body of the cost and feasibility report by the public utility, as hereinbefore provided, and after considering the same, the governing body may, at any regular or special meeting, pass a resolution declaring its intention to create a local improvement district. The resolution shall state that the costs and expenses of the district created are, except as otherwise provided for, specifying the contribution of the governing body or others, if any, to be levied and assessed upon the abutting, adjoining, and adjacent lots and land along or upon which improvements are to be made, and upon lots and lands benefited by such improvements and included in the improvement district created; that it is the intention of the governing body to make such improvement which will promote public convenience, necessity and welfare; and shall further state the area and boundaries of the proposed improvement district, the character of the proposed improvement, the estimated total cost of the same, and that the governing body will hold a hearing on the proposed improvements at which time they will consider protests filed with the governing body against the proposed improvements for the creation of the district.

History:

[50-2507, as added by 1971, ch. 212, sec. 1, p. 923.]
Idaho Code § 50-1771 — Idaho Code / Title 50 / Chapter 17 / Section 50-1771
50-1771 RESERVE FUND AUTHORIZED.
Status: in_force

50-1771. Reserve fund authorized. For the purpose of securing the payment of the principal of and interest on an issue of local improvement bonds, notes, warrants, or other short-term obligations, the council or other governing body of a governmental entity may create a reserve fund for each obligation in addition to or in lieu of a guarantee fund. The reserve fund shall be separate and apart from any guarantee fund and in an amount not exceeding ten per cent (10%) of the principal amount of the bonds, notes, or warrants issued. The cost of a reserve fund may be included in the cost and expense of any local improvement for assessment against the property in the local improvement district to pay the cost, or any part thereof. The reserve fund may be funded from the proceeds of the bonds, notes, warrants, or other short-term obligations, from special assessment payments, or from any other money legally available therefor. Reserve fund balances in excess of ten per cent (10%) of the principal amount of the bonds outstanding shall be used to reduce the annual assessments of those participants in the respective local improvement district whose prior assessments have been paid. Whenever the reserve fund is insufficient to meet claims for payment of principal and interest against the reserve fund, the governmental entity may appropriate funds from such other legally available sources as may be determined by the council or governing body of such governmental entity.

History:

[50-1771, added 1988, ch. 326, sec. 1, p. 988.]
Idaho Code § 50-2713 — Idaho Code / Title 50 / Chapter 27 / Section 50-2713
50-2713 TRUST AGREEMENTS.
Status: in_force

50-2713. Trust agreements. Any bonds issued under this chapter may be secured by a trust agreement between the public corporation and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. The trust agreement may evidence a pledge or assignment of the financing documents and lease, sale or loan revenues to be received from a lessee or purchaser of or borrower with respect to an industrial development facility for the payment of principal of and interest on and any premium on the bonds as the same shall become due and payable and may provide for creation and maintenance of reserves for these purposes. A trust agreement or resolution providing for the issuance of the revenue bonds may contain such provisions for protecting and enforcing the rights and remedies of the bond holders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties in relation to the acquisition of property and the construction, improvements, maintenance, use, repair, operation and insurance of the industrial development facility for which the bonds are authorized, and the custody, safeguarding and application of all money. Any bank or trust company incorporated under the laws of the state which may act as depository of the proceeds of revenue bonds or of revenues may furnish such indemnifying bonds or pledge such securities as may be required by the corporation. A trust agreement may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action by bondholders as is customary in trust agreements or trust indentures securing bonds and debentures of private corporations. In addition, a trust agreement may contain such provisions as the public corporation considers reasonable and proper for the security of the bondholders which are not in conflict with this chapter.

History:

[50-2713, added 1982, ch. 119, sec. 1, p. 334.]
Idaho Code § 50-903 — Idaho Code / Title 50 / Chapter 9 / Section 50-903
50-903 GRANT OF POWER.
Status: in_force

50-903. Grant of power. Any city is hereby empowered to revise, codify, and compile from time to time and to publish in book or pamphlet form all ordinances of such city of a general and permanent nature and to make such changes, alterations, modifications, additions and substitutions therein as it may deem best to the end that a complete simplified code of such ordinances then in force shall be presented, but with errors, inconsistencies, repetitions and ambiguities therein eliminated.

History:

[50-903, added 1967, ch. 429, sec. 154, p. 1249.]
Idaho Code § 50-1913 — Idaho Code / Title 50 / Chapter 19 / Section 50-1913
50-1913 RENTALS AND TENANT SELECTION.
Status: in_force

50-1913. Rentals and tenant selection. In the operation or management of housing projects, an authority shall at all times observe the following duties with respect to rentals and tenant selection:

(a) it may rent or lease the dwelling accommodations therein only to persons of low income and at rentals within the financial reach of such persons of low income;

(b) it may rent or lease dwelling accommodations consisting of the number of rooms, but no greater number, which it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof without overcrowding; and

(c) it shall not accept any person as a tenant in any housing project, if the person or persons who would occupy the dwelling accommodations have an annual net income in excess of five (5) times, the annual rental of the quarters to be furnished such person or persons, except that in the case of families with three (3) or more minor dependents, such ratio shall not exceed six (6) to one (1). In computing the rental for the purpose of selecting tenants, there shall be included in the rental the average annual cost, as determined by the authority, to occupants of heat, water, electricity, gas, cooking range and other necessary services or facilities, whether or not the charge for such services and facilities is in fact included in the rental.

Nothing contained in this or the preceding section shall be construed as limiting the power of authority to vest, in an obligee, the right, in the event of a default by the authority, to take possession, during the period of such default, of a housing project or cause the appointment of a receiver thereof, free from all the restrictions imposed by this or the preceding section.

History:

[50-1913, added 1967, ch. 429, sec. 403, p. 1249.]
Idaho Code § 50-1035A — Idaho Code / Title 50 / Chapter 10 / Section 50-1035A
50-1035A ISSUANCE OF REVENUE BONDS AT RATES OF INTEREST IN EXCESS OF ORIGINAL SPECIFICATION.
Status: in_force

50-1035A. Issuance of revenue bonds at rates of interest in excess of original specification. Any city may issue revenue bonds of the city bearing interest at such rate or rates as shall be prescribed by ordinance if:

(a) The principal amount of such revenue bonds does not exceed the then unissued balance of the principal amount of revenue bonds of the same type authorized at an election heretofore held in the city;

(b) The revenue bonds are issued for the same purpose as that for which the unissued bonds were authorized; and

(c) The bonds are issued in accordance with the provisions of the revenue bond act; provided, that an election shall have been held and conducted in the manner provided in section 50-1035, Idaho Code, on the proposition of issuing revenue bonds under the provisions of this section at a rate or rates of interest in excess of the maximum rate of interest specified in the notice of election at which the unissued bonds were authorized and the proposition shall have been approved by the same percentage of the qualified electors of the city voting at the election as was required in section 50-1035, Idaho Code, at the election at which the unissued bonds were authorized.

History:

[50-1035A, added 1981, ch. 300, sec. 3, p. 622.]
Idaho Code § 50-319 — Idaho Code / Title 50 / Chapter 3 / Section 50-319
50-319 ANIMALS AT LARGE — REGULATION.
Status: in_force

50-319. Animals at large — Regulation. The mayor and council of each city shall have authority: to regulate the running at large of domesticated animals; to cause such as may be running at large to be impounded and sold to discharge the penalties and costs of impounding, keeping and sale; to impose a license tax upon the owners and harborers and enforce the same by appropriate penalties; to authorize the destruction or sale of any domesticated animal, the owner or harborer of which shall neglect or refuse to pay such license tax; to provide for the erection of all needful pens and pounds within or without the city limits; and to appoint and compensate keepers thereof, and to establish and enforce rules governing the same.

History:

[50-319, added 1967, ch. 429, sec. 55, p. 1249.]
Idaho Code § 50-1408 — Idaho Code / Title 50 / Chapter 14 / Section 50-1408
50-1408 DISPOSAL OF LAND ACQUIRED BY FORECLOSURE — EXCESS PROCEEDS.
Status: in_force

50-1408. Disposal of land acquired by foreclosure — Excess proceeds. Should the property acquired as the result of a foreclosure of any improvement lien, or where a deed has been made and executed by the owner to the city in consideration of such improvement lien, bring more than is assessed against the same together with costs and expenses, then such excess shall be paid to the owner if his address is known, otherwise, to be placed in the improvement fund for the benefit of which such property was impressed with such lien.

History:

[50-1408, added 1967, ch. 429, sec. 251, p. 1249.]
Idaho Code § 50-306 — Idaho Code / Title 50 / Chapter 3 / Section 50-306
50-306 PUBLIC CARRIERS.
Status: in_force

50-306. Public carriers. Cities shall have authority to regulate by ordinance and prescribe rules relating to levies, crossings, grounds, facilities for storing freight and goods, and the running of trains and public carriers within the limits of said city.

History:

[50-306, added 1967, ch. 429, sec. 30, p. 1249.]
Idaho Code § 50-1608 — Idaho Code / Title 50 / Chapter 16 / Section 50-1608
50-1608 TEMPORARY APPOINTMENTS.
Status: in_force

50-1608. Temporary appointments. The appointing authority of each department under the classified civil service, by and with the advice and consent of the civil service commission, may employ any person for temporary work without making such appointment from the certified list; but under no circumstances shall such temporary employee be appointed to a permanent position unless he shall have been duly certified by the civil service commission as in other cases.

History:

[50-1608, added 1967, ch. 429, sec. 284, p. 1249.]
Idaho Code § 50-1019 — Idaho Code / Title 50 / Chapter 10 / Section 50-1019
50-1019 PURPOSES FOR WHICH BONDS MAY BE ISSUED — LIMITATION ON AMOUNT.
Status: in_force

50-1019. Purposes for which bonds may be issued — Limitation on amount. Every city incorporated under the laws of the territory of Idaho or of the state of Idaho shall have power and authority to issue city coupon bonds not to exceed in aggregate at any time, ten per cent (10%) of the assessed full cash valuation of the real and personal property in said city, according to the assessment of the preceding year, for any or all of the purposes specified as follows:

1. To provide for constructing, laying out, grading, curbing, draining, sidewalking or otherwise improving streets, alleys, intersections, crossings and crosswalks; and to construct, or aid in the construction of bridges across streams within or contiguous to, or within one (1) mile of the exterior limits of, such city.

2. To provide for the funding, refunding, purchase and redemption of the outstanding indebtedness, bonds may be issued under this section for such purposes, without submission of the question of issuance of such bonds to the electors of the city, when the same can be done to the profit and benefit of such city without incurring any additional liability.

3. To provide for the establishment of hospitals and cemeteries, either within or without the corporate limits of such city.

4. To provide for the purchase, improvement and equipment of lands and buildings thereon, for public parks, monuments, recreation facilities and zoos, either within or without the corporate limits of such city.

5. To provide for the purchase, erection, construction and furnishing of city public libraries.

6. To provide for the establishment of a fire department by the purchase of building sites, buildings, and suitable equipment and apparatus necessary to provide fire protection.

7. To provide for the purchase, acquisition, improvement and equipment of aviation facilities either wholly or partly within or without the corporate limits of such city, or wholly or partly within or without the state of Idaho.

8. To provide for flood control by acquisition and purchase of right-of-way and to establish, alter, enlarge, improve, reconstruct and change the channels of watercourses or any stream, river or body of water within or without the corporate limits of the city.

9. To provide for the acquisition, construction, remodeling, improvement or otherwise, of buildings for public use, together with all necessary appurtenant facilities and equipment, including all necessary land for building sites, either within or without the corporate limits of such city.

10. To provide for the purchase, acquisition, erection and construction of off-street parking sites, structures, buildings, facilities, equipment and appurtenances.

11. To provide for the purchase, acquisition, improvement and equipment of transit systems.

All bonds of any municipality which were issued, sold and delivered to the purchasers thereof prior to April 12, 1967, for the purpose of providing for the building, laying, construction, equipment, extension, enlargement, alteration, improvement or maintenance of storm sewers or sanitary sewerage systems, shall be excluded when determining the aggregate amount of bonds of any city issued hereunder which are outstanding for the purpose of computing the debt limitation provided for in the first paragraph of this section.

History:

[50-1019, added 1967, ch. 429, sec. 179, p. 1249; am. 1968 (2nd E.S.), ch. 7, sec. 1, p. 15; am. 1970, ch. 130, sec. 1, p. 305; am. 1976, ch. 163, sec. 1, p. 592; am. 1980, ch. 54, sec. 1, p. 111; am. 1980, ch. 350, sec. 22, p. 906.]
Idaho Code § 50-3113 — Idaho Code / Title 50 / Chapter 31 / Section 50-3113
50-3113 COST OF ADMINISTRATION.
Status: in_force

50-3113. Cost of administration. Each year, prior to the time for the certification required under section 50-3114, Idaho Code, the district board may levy a tax upon all taxable real property within the district of up to one-hundredth of one percent (.01%) of the market value for assessment purposes on all taxable real property within the district, to be used only to reimburse or defray the administrative expenses of the district pursuant to a district development agreement. No election shall be required. The levy shall be made by resolution entered upon the minutes of the district board, and it shall be the duty of the clerk of the district, immediately after entry of the resolution in the minutes, to transmit to the board of county commissioners in each county in which the district is located, the certification required under section 50-3114, Idaho Code. Such tax shall then be collected and accounted for at the time and in the form and manner as other taxes are collected and accounted for under the laws of this state.

History:

[50-3113, added 2008, ch. 410, sec. 1, p. 1157.]
Idaho Code § 50-1827 — Idaho Code / Title 50 / Chapter 18 / Section 50-1827
50-1827 PAYMENT OF STATE AND COUNTY TAXES BY CITY — REPAYMENT UPON REDEMPTION — SALE BY COUNTY FOR TAXES.
Status: in_force

50-1827. Payment of state and county taxes by city — Repayment upon redemption — Sale by county for taxes. Such city may pay state and county taxes on any property where the assessments levied hereunder are delinquent and within the boundaries of the city irrigation system, and may purchase any or such property from the county at tax sale and the amount of the taxes paid by the city or the purchase price at tax sale shall be added to and become a part of city's lien on the property and must be repaid upon payment of delinquent assessments or redemption from tax deed, and when so purchased may be sold by the city in the manner provided for selling property acquired by the city for nonpayment of assessments under this act. When any property has been sold by the county for state and county taxes, the city operating a city irrigation system under this chapter may cancel all or a part of the taxes and assessments levied by it under sections 50-1801 through 50-1835 before such sale by the county and may issue or cause to be issued a redemption certificate or quit claim deed upon a proper resolution by the mayor and council without the necessity of advertising such property for sale.

History:

[50-1827, added 1967, ch. 429, sec. 382, p. 1249.]
Idaho Code § 50-1753 — Idaho Code / Title 50 / Chapter 17 / Section 50-1753
50-1753 DISPOSITION OF FUNDS.
Status: in_force

50-1753. Disposition of funds. All money received by the treasurer on account of the payment of assessments or instalments thereof, the assignment or redemption of delinquency certificates, or for rents, issues and profits, or from the sale of any property, title to which is held by the municipality for the benefit of any local improvement district, less any expenses of securing possession of said property, or for the care and operation and sale of the same, shall be deposited to the credit of the interest fund and bond fund of the local improvement district, in the same proportion as the assessment or instalments for which the property was taken. Any money left in a local improvement district interest or bond fund or any money derived from the rental or sale of any real property acquired by the municipality through the sale for delinquent assessments or instalments shall, after all warrants, bonds and coupons of said district have been paid in full, be credited to the general fund of the municipality.

History:

[50-1753, added 1967, ch. 429, sec. 339, p. 1249.]
Idaho Code § 50-1707 — Idaho Code / Title 50 / Chapter 17 / Section 50-1707
50-1707 RESOLUTION OF INTENTION TO CREATE DISTRICT.
Status: in_force

50-1707. Resolution of intention to create district. Upon the filing of a petition or upon initiation of a district by council action, the council shall at a regular or special meeting adopt a resolution giving notice of its intention to create the district, to make the improvements and to levy assessments to pay all or a part thereof. The notice shall contain:

(a) A description of the boundaries of the district to be created and the property to be assessed, sufficient to inform the owners thereof that their property is to be assessed.

(b) A general description of the improvements contemplated together with an estimate of the total cost and expenses of the same and a statement of the percentage or other calculation of the total cost and expenses of the improvements which will be paid from a levy of assessments on property benefited and the percentage or calculation of the total costs and expenses which will be paid from the general funds of the municipality or from such other source specified in the notice.

(c) A statement that the costs and expenses of the improvements will be assessed against the lots and lands specially benefited by such improvements, except as provided in section 50-1705, Idaho Code, and included in the district to be created according to a front foot method, or a square foot method, or a combination thereof, or in proportion to the benefits derived to such property by said improvements, or by another method agreed to by all property owners to be assessed, and the council shall state the method so determined in said notice.

(d) A statement that the district is to be a modified district within the meaning of this act, if the same is true, and the boundaries of such modified district shall be given.

(e) A statement of the time within which and the place at which protests shall be filed and of the time and place at which the council will conduct a public hearing to consider such protests.

History:

[50-1707, added 1976, ch. 160, sec. 2, p. 572; am. 1999, ch. 291, sec. 6, p. 727; am. 2007, ch. 58, sec. 1, p. 140.]
Idaho Code § 50-703 — Idaho Code / Title 50 / Chapter 7 / Section 50-703
50-703 CHANGE IN NUMBER OF COUNCILMEN.
Status: in_force

50-703. Change in number of councilmen. (1) Any city may change to the greater or lesser number of councilmen after an election instituted by resolution of the council or by petition as provided for initiative in chapter 18, title 34, Idaho Code. When the proposition submitted to the electors shall receive a favorable vote, officials shall be elected at the succeeding general city election, provided however, that should such election be conducted in a year when no general city election is to be held, such new positions shall be filled by appointment within thirty (30) days.

(a) When the number of councilmen to be elected is to be reduced from six (6) to four (4), there shall be elected one (1) councilman to serve a term of four (4) years. At the next succeeding general city election, there shall be elected two (2) councilmen, each to serve a term of four (4) years, and one (1) councilman to serve a term of two (2) years.

(b) When the number of councilmen to be elected is to be increased from four (4) to six (6), there shall be elected three (3) councilmen, each to serve a term of four (4) years, and one (1) councilman to serve a term of two (2) years.

(2) Any city operating under the city manager form of government may change to the greater or lesser number of councilmen after an election instituted under subsection (1).

(a) When the number of councilmen to be elected is to be reduced from seven (7) to five (5):

(i) If there are four (4) councilmen up for election at the next general city election, there shall be elected two (2) councilmen, each to serve a term of four (4) years.

(ii) If there are three (3) councilmen up for election at the next general city election, there shall be elected one (1) councilman, to serve a term of four (4) years. At the next succeeding general city election, there shall be elected three (3) councilmen, each to serve a term of four (4) years, and one (1) councilman to serve a term of two (2) years.

(b) When the number of councilmen to be elected is to be increased from five (5) to seven (7):

(i) If there are two (2) councilmen up for election at the next general city election, there shall be elected four (4) councilmen, each to serve a term of four (4) years.

(ii) If there are three (3) councilmen up for election at the next general city election, there shall be elected four (4) councilmen, each to serve a term of four (4) years, and one (1) councilman to serve a term of two (2) years.

History:

[50-703, added 1967, ch. 429, sec. 134, p. 1249; am. 1972, ch. 16, sec. 1, p. 21; am. 2018, ch. 169, sec. 17, p. 367.]
Idaho Code § 50-705 — Idaho Code / Title 50 / Chapter 7 / Section 50-705
50-705 MEETINGS OF COUNCIL — QUORUM — DISCIPLINE.
Status: in_force

50-705. Meetings of council — Quorum — Discipline. Regular meetings of the city council shall be held each month at such place and times as the council may establish by ordinance. At all meetings of the council a majority of the full council shall constitute a quorum for the transaction of business; unless otherwise provided by law, a question before the council shall be decided by a majority of the members present.

For the purpose of holding regular or special meetings a number less than a majority may compel the attendance of absent members in such manner and under such penalties as the council may, by ordinance, have previously prescribed. Regular or special meetings of the council may be recessed until further notice.

History:

[50-705, added 1967, ch. 429, sec. 136, p. 1249.]
Idaho Code § 50-1829 — Idaho Code / Title 50 / Chapter 18 / Section 50-1829
50-1829 ACTION TO QUIET TITLE AGAINST OR TEST VALIDITY OF ASSESSMENT — TENDER.
Status: in_force

50-1829. Action to quiet title against or test validity of assessment — Tender. Any suit, action or proceeding which may be commenced for the purpose of determining the validity of the sale of land for assessments, as in this act provided, to quiet title against the same or to remove the cloud thereof or to recover possession from the purchaser in possession of the lands so sold or its or his successor or assign, whether bought by the original owner or his successor in interest, shall be commenced within two (2) years from the date of the expiration of the period of redemption allowed by this act and not otherwise. In every action, suit or proceeding brought for such purposes, whether before or after the issuance of tax deed, the person claiming to be the owner, as against the person claiming under said tax deed, shall tender in the action, suit or proceeding and pay into the court at the time of filing the same amount of the purchase price for which the lands were sold together with all taxes and assessments which have been paid by the purchaser of said land after tax sale together with interest thereon at the rate of eight per cent (8%), per annum from the respective time of payment of such sum or sums up to the time of filing such pleading in the action, suit or proceeding. Said sum or such portion thereof as the courts shall find to be just shall be paid by the purchaser, his heirs or assigns, in case the right of title to the purchaser shall fail in such suit, action or proceeding.

History:

[50-1829, added 1967, ch. 429, sec. 384, p. 1249.]
Idaho Code § 50-1045 — Idaho Code / Title 50 / Chapter 10 / Section 50-1045
50-1045 CITY PROPERTY TAX RELIEF FUND.
Status: in_force

50-1045. City property tax relief fund. Any resort city may establish a city property tax relief fund into which may be placed all or any portion of revenues received from any nonproperty tax levied in accordance with the provisions of this act and such nonproperty tax revenues may be used to replace city property taxes in the ensuing fiscal year by the amount of nonproperty tax revenues placed in the city property tax relief fund if city voters have approved of such use of nonproperty tax revenues in the election authorizing such city nonproperty tax. Any resort city that receives more revenues from any local-option nonproperty tax than such city has budgeted shall establish a city property tax relief fund into which shall be placed all revenues received in excess of the budget amount and such excess revenues shall be used to replace city property taxes in the ensuing fiscal year by the amount of all excess revenues placed in said city property tax relief fund.

History:

[50-1045, added 1978, ch. 261, sec. 3, p. 568.]
Idaho Code § 50-2704 — Idaho Code / Title 50 / Chapter 27 / Section 50-2704
50-2704 BOARD OF DIRECTORS OF A PUBLIC CORPORATION.
Status: in_force

50-2704. Board of directors of a public corporation. The ordinance creating a public corporation shall include provisions establishing a board of directors to govern the affairs of the corporation, what constitutes a quorum of the board of directors, and how the corporation shall conduct its affairs. The board of directors will consist of no less than three (3) members.

History:

[50-2704, added 1982, ch. 119, sec. 1, p. 329.]
Idaho Code § 50-1506 — Idaho Code / Title 50 / Chapter 15 / Section 50-1506
50-1506 APPROPRIATION OF FUND.
Status: in_force

50-1506. Appropriation of fund. All moneys coming into the said fund shall be continuously appropriated for the objects, uses and purposes provided herein by sections 50-1501 through 50-1524 and to pay all or any costs and expenses of administration thereof by the said board of police retirement fund commissioners.

History:

[50-1506, added 1967, ch. 429, sec. 258, p. 1249.]
Idaho Code § 50-325 — Idaho Code / Title 50 / Chapter 3 / Section 50-325
50-325 POWER PLANTS — POWER DISTRIBUTION.
Status: in_force

50-325. Power plants — Power distribution. (1) Cities shall have authority: to acquire, own, maintain and operate electric power plants, purchase electric power, and provide for distribution to the residents of the city, and to sell excess power subject to the provisions of section 50-327, Idaho Code.

(2) Any consumer of a municipal electric system may apply to the district court of the county where the consumer's service entrance is located for a determination that the municipality's charges for electric service to that consumer are fair, just and reasonable and are not discriminatory or preferential. In the event that the court determines that the rate is not fair, just and reasonable or is discriminatory or preferential, the court shall remand the matter to the municipality to alter or amend such rate in conformance with the determination of the court.

History:

[50-325, added 1967, ch. 429, sec. 22, p. 1249; am. 2001, ch. 29, sec. 15, p. 42.]
Idaho Code § 50-1749 — Idaho Code / Title 50 / Chapter 17 / Section 50-1749
50-1749 FEES OF TREASURER.
Status: in_force

50-1749. Fees of treasurer. The treasurer shall receive the following fees, which, when paid, shall be credited to the general fund of the municipality: for issuing any delinquency certificate twenty-five cents (25¢) to be included in the amount of the certificate; for making any deed one dollar ($1.00), to be paid by the person to whom made; for giving notice to a mortgagee or lienholder fifty cents (50¢), to be paid by such person; for giving notice of expiration of period of redemption one dollar ($1.00). In all cases where the property is deeded to the municipality the fees shall be charged to the amount for which the deed is taken and shall be paid upon the sale of the property, or the sale of the delinquency certificate.

History:

[50-1749, added 1967, ch. 429, sec. 335, p. 1249.]
Idaho Code § 50-1717 — Idaho Code / Title 50 / Chapter 17 / Section 50-1717
50-1717 INSTALLMENT DOCKET.
Status: in_force

50-1717. Installment docket. Whenever any improvement bonds or warrants are issued as herein provided, the treasurer shall immediately thereafter mark on the assessment roll of such local improvement district opposite each assessment which has been paid, the word "paid" together with the date of payment, and shall immediately thereafter enter in a docket to be kept for that purpose, known as "local improvement installment docket" under separate heads for each improvement district, all unpaid assessments as shown on such assessment roll, said docket to be made up from the assessment roll, and shall contain in separate columns the number of the assessment, the name of the owner, the description of the property, the amount of the total assessment, the amount and date when due of each annual installment with interest added, and a blank column in which shall be marked the date of payment of each installment. Such docket shall stand thereafter as a lien docket for such assessments so shown until paid.

History:

[50-1717, added 1976, ch. 160, sec. 2, p. 581.]
Idaho Code § 50-238 — Idaho Code / Title 50 / Chapter 2 / Section 50-238
50-238 INVESTIGATIONS AND ACTIONS AGAINST CITY ELECTED OFFICERS — DUTIES OF ATTORNEY GENERAL.
Status: in_force

50-238. investigations and actions against city elected officers — duties of attorney general. (1) Notwithstanding any provision of law to the contrary, the attorney general may conduct an investigation of any allegation of a violation of state criminal law against a city officer occupying an elective office for violation of state criminal law in his official capacity.

(2) Upon completion of the investigation, the attorney general shall:

(a) Issue a finding of no further action necessary;

(b) Suggest training or other nonjudicial remedies; or

(c) Determine that further investigation or prosecution is warranted and retain the matter and act as special prosecutor.

(3) In furtherance of the duty to conduct investigations set forth in the provisions of this section, the attorney general shall have the authority to issue subpoenas for the production of documents or tangible things that may be relevant to such investigations.

(4) For purposes of this section, a city officer shall be deemed to have performed an act in his "official capacity" when such act takes place while the officer is working or claims to be working on behalf of his employer at his workplace or elsewhere, while the officer is at his workplace whether or not he is working at the time, and when such act involves the use of public property or equipment of any kind or involves the expenditure of public funds.

(5) Nothing in this section shall be construed to:

(a) Provide the attorney general with exclusive jurisdiction to conduct an investigation of an allegation of a violation of state criminal law against a city officer occupying an elective office for violation of state criminal law in his official capacity; or

(b) Preclude a county prosecuting attorney from investigating and prosecuting such violation or referring such violation to a neighboring county for investigation and prosecution.

History:

[50-238, added 2025, ch. 296, sec. 2, p. 1231.]
Idaho Code § 50-1713 — Idaho Code / Title 50 / Chapter 17 / Section 50-1713
50-1713 NOTICE OF HEARING ON ASSESSMENT ROLL.
Status: in_force

50-1713. Notice of hearing on assessment roll. After the council fixes the time and place for said hearing on the assessment roll, the clerk of the municipality shall give notice by publication in the official newspaper of such municipality in three (3) successive issues if published in a daily newspaper, or by publication in two (2) issues if published in a weekly newspaper, the first of which publication shall be at least fifteen (15) days before the date fixed for hearing objections to said assessment roll, that such assessment roll is on file in his office. The notice shall further state the date, time and place at which the council will hear and consider objections to the assessment roll by the parties aggrieved by such assessments. The clerk shall, not less than fifteen (15) days before the date fixed for hearing objections to said assessment roll, mail a substantially similar notice to each owner of property if known, or his agent if known, within the limits of the improvement district, addressed to such person at his post office address if known, or if unknown, to the post office in such municipality where the improvement is to be made. The mailed notice shall also state the amount of the individual assessment and that at the specified time and place the council will hold a hearing to hear and determine all objections to the regularity of the proceedings in making such assessment, the correctness of the assessment, and the amount levied on the particular lot or parcel in relation to the benefits accruing thereon and in relation to the proper proportionate share of the total cost of the improvements in the project. It shall further state that each owner of property within the district is given notice that in revising the assessment roll at or after the hearing, the council may increase any assessment or assessments up to twenty per cent (20%) of the original amount thereof without giving further notice and holding a new hearing thereon. The owner or owners of any property which is assessed in such assessment roll, whether named or not in such roll, may, before the date and time fixed for the hearing, file with the clerk his objections in writing to said assessment.

History:

[50-1713, added 1976, ch. 160, sec. 2, p. 577.]
Idaho Code § 50-344 — Idaho Code / Title 50 / Chapter 3 / Section 50-344
50-344 SOLID WASTE DISPOSAL.
Status: in_force

50-344. Solid waste disposal. (1) Cities shall have the power to maintain and operate solid waste collection systems. Such maintenance and operation may, by exclusive or nonexclusive means, be performed by:

(a) Employees, facilities, equipment and supplies engaged or acquired by cities;

(b) Contracts, franchises or otherwise providing maintenance and operation performed by private persons;

(c) Contracts providing for maintenance and operation performed by another unit of government;

(d) Contracts, franchises or otherwise for maintenance and operation that may provide solid waste collection for all or geographic parts of a city;

(e) Any combination of paragraphs (a), (b), (c), and (d) of this subsection.

(2) Notwithstanding any city contract or franchise for solid waste collection to the contrary, any person may contract with a solid waste collection provider of the person's choosing for the use of solid waste collection containers that are temporary and project-specific, as defined by city ordinance.

(3) Upon a finding by the mayor or city manager for public safety or necessary protection of public health and welfare and property, the provisions of chapter 28, title 67, Idaho Code, shall not apply to solid waste collection, as provided herein.

(4) Before entering into such contracts, franchises or otherwise, a city may require such security for the performance thereof as it deems appropriate or may waive such undertaking.

History:

[50-344, added 1986, ch. 19, sec. 1, p. 60; am. 2004, ch. 144, sec. 2, p. 474; am. 2005, ch. 213, sec. 19, p. 654; am. 2025, ch. 238, sec. 1, p. 1073.]
Idaho Code § 50-810 — Idaho Code / Title 50 / Chapter 8 / Section 50-810
50-810 POWERS OF THE MAYOR.
Status: in_force

50-810. Powers of the mayor. The mayor shall preside at the meetings of the council and perform such other duties consistent with his office as may be imposed by the council. He shall be entitled to a vote on all matters coming before the council, but shall possess no veto power. He shall be recognized as the official head of the city for all ceremonial purposes, by the courts of the purposes of serving civil processes, and by the governor for military purpose. He may use the title of mayor in any case in which the execution of contracts or other legal instruments in writing, or other necessity arising from the general laws of this state may so require, but this shall not be construed as conferring upon him administrative powers or functions of a mayor under the general laws of the state.

History:

[50-810, added 1967, ch. 429, sec. 149, p. 1249.]
Idaho Code § 50-1833 — Idaho Code / Title 50 / Chapter 18 / Section 50-1833
50-1833 DIVERSION WORKS FOR CITY IRRIGATION SYSTEM.
Status: in_force

50-1833. Diversion works for city irrigation system. Any city desiring to operate or operating a city irrigation system under the provisions of sections 50-1801 through 50-1835 may contract for the delivery of irrigation water for all or any portion of the city irrigation system and pay therefor on an equalized basis, and may hold such interest as may be necessary and proper in diversion works, canals or ditches jointly with any corporation or irrigation district for the purpose of conveying water to the city irrigation system, either wholly within or partly within and partly without or wholly without the city limits in order to carry such water from its point of diversion to the boundaries of the city irrigation system; and for the purpose may acquire and hold stock in the name of the mayor of a city, in trust for the water users of such city irrigation system, in any private water corporation to the extent necessary to supply water for the city irrigation system, and such stock shall be deemed to be held in trust by the city for the use and benefit of water users of said city irrigation system. The mayor or the chairman of the council of any city in the absence of the mayor may vote at any annual meeting of such corporation on behalf of the city and may be elected on the board of trustees of any such water or irrigation company, the same as though he personally was a stockholder and as such entitled to be on such board of trustees.

History:

[50-1833, added 1967, ch. 429, sec. 388, p. 1249.]
Idaho Code § 50-1814 — Idaho Code / Title 50 / Chapter 18 / Section 50-1814
50-1814 NOTICE OF TIME ASSESSMENTS BECOME DUE — APPORTIONMENT OF ASSESSMENTS.
Status: in_force

50-1814. Notice of time assessments become due — Apportionment of assessments. Upon receipt of such assessment roll the treasurer of the city shall publish a notice in the official newspaper of such city that the said assessments shall be due and payable on or before the 1st day of April of each year, which said notice shall be published twice at intervals of not less than six (6) days. All assessments collected shall, by the city treasurer, be apportioned to the several funds in proportion to the several levies. No irrigation water shall be supplied to any lots, pieces or parcels of land within the boundaries of such irrigation system until such assessments shall have been paid in full.

History:

[50-1814, added 1967, ch. 429, sec. 369, p. 1249.]
Idaho Code § 50-1328 — Idaho Code / Title 50 / Chapter 13 / Section 50-1328
50-1328 RULES FOR THE ADMINISTRATION AND ENFORCEMENT OF SANITARY RESTRICTION.
Status: in_force

50-1328. Rules for the administration and enforcement of sanitary restriction. The state board of environmental quality may adopt rules pursuant to section 39-107(8), Idaho Code, including adoption of sanitary standards necessary for administration and enforcement, pursuant to section 39-108, Idaho Code, of sections 50-1326 through 50-1329, Idaho Code. The rules and standards shall provide the basis for approving subdivision plats for various types of water and sewage facilities, both public and individual, and may be related to size of lots, contour of land, porosity of soil, ground water level, pollution of water, type of construction of water and sewage facilities, and other factors for the protection of the public health or the environment.

History:

[50-1328, as added by 1971, ch. 329, sec. 4, p. 1294; am. 1989, ch. 233, sec. 3, p. 570; am. 2001, ch. 103, sec. 92, p. 332.]
Idaho Code § 50-1830 — Idaho Code / Title 50 / Chapter 18 / Section 50-1830
50-1830 ASSESSMENT OF CITY IRRIGATION SYSTEMS BY IRRIGATION DISTRICT.
Status: in_force

50-1830. Assessment of city irrigation systems by irrigation district. Should any city acquire and operate a city irrigation system under the provisions of sections 50-1801 through 50-1835, which shall be included within the boundaries of one or more irrigation districts, nothing in sections 50-1801 through 50-1835 shall be construed to prevent such irrigation district or irrigation districts from assessing the lands within the boundaries of the city irrigation system for the payment of its just portion of such bonded or other outstanding indebtedness until such bonded or other outstanding indebtedness together with the interest accruing thereon shall have been fully paid and discharged.

History:

[50-1830, added 1967, ch. 429, sec. 385, p. 1249.]
Idaho Code § 50-1816 — Idaho Code / Title 50 / Chapter 18 / Section 50-1816
50-1816 CERTIFICATE SHOWING AMOUNT OF COLLECTIONS AND DELINQUENCIES.
Status: in_force

50-1816. Certificate showing amount of collections and delinquencies. On or before the third Monday of July of each year in which the assessments were levied, the treasurer of the city shall make his certificate to the clerk of the city showing the amount of such assessments collected before delinquency and the amount of such assessments which have become delinquent.

History:

[50-1816, added 1967, ch. 429, sec. 371, p. 1249.]
Idaho Code § 50-806 — Idaho Code / Title 50 / Chapter 8 / Section 50-806
50-806 ELECTION OF OFFICIALS FOLLOWING ADOPTION — DETERMINING SUCCESSFUL CANDIDATES — DESIGNATION OF SEATS.
Status: in_force

50-806. Election of officials following adoption — Determining successful candidates — Designation of seats. (1) When the proposition is submitted to the electors under section 50-803(1), Idaho Code, officials shall be elected at the same election during which the proposition is submitted to the voters; when the proposition submitted to the electors under subsection (2) of section 50-803, Idaho Code, officials shall be elected at the same general city election. If any proposition submitted to the electors under section 50-803, Idaho Code, fails to receive a favorable vote, the election of officials at the same election shall be declared null and void.

Determination of successful candidates at either a special or general election shall be as herein provided: A. When the council is to consist of five (5) members, the three (3) receiving the largest number of votes shall be declared elected to serve four (4) year terms or so much thereof as remains, and two (2) to serve two (2) year terms or so much thereof as remains; B. When the council is to consist of seven (7) members, the four (4) receiving the largest number of votes shall be declared elected to serve four (4) year terms or so much thereof as remains, and three (3) to serve two (2) year terms or so much thereof as remains. At each general city election thereafter, councilmen shall be elected to fill the unexpired terms.

(2) By ordinance, the city may assign a number to each council seat. In that event candidates will file for a designated seat and the candidate receiving the largest number of votes for the seat he has filed for shall be declared elected.

History:

[50-806, added 1967, ch. 429, sec. 145, p. 1249; am. 1981, ch. 158, sec. 1, p. 270.; am. 2009, ch. 341, sec. 126, p. 1056.]
Idaho Code § 50-811 — Idaho Code / Title 50 / Chapter 8 / Section 50-811
50-811 CITY MANAGER — DUTIES.
Status: in_force

50-811. City manager — Duties. The council shall appoint a city manager to be the administrative head of the city government under the direction and supervision of such council and who shall hold office at the pleasure of the majority of the members thereof. Before entering upon the duties of his office, such city manager shall take the official oath for the support of the government and the faithful performance of his duties, and shall execute a bond in favor of the city in such sum as may be fixed by the council. He shall:

1. Have general supervision over the business of the city.

2. See that the ordinances and policies of the city are complied with and faithfully executed.

3. Attend all meetings of the council at which his attendance is required by that body.

4. Recommend for adoption to the council such measures as he may deem necessary or expedient.

5. Make the appointment of all department heads, subject to such civil service regulations as may relate thereto.

6. Prepare and submit to the council such reports as may be required by that body, or as he may deem advisable.

7. Keep the council fully advised of the financial condition of the city and its future needs.

8. Prepare and submit to the council a tentative budget for the next fiscal year.

9. Perform such other duties as the council may establish by ordinance or resolution.

10. Possess such powers as are vested in the mayor as provided in section 50-606.

History:

[50-811, added 1967, ch. 429, sec. 150, p. 1249.]
Idaho Code § 50-1501 — Idaho Code / Title 50 / Chapter 15 / Section 50-1501
50-1501 PURPOSE STATED.
Status: in_force

50-1501. Purpose stated. Retirement, with continuance of pay for themselves, provision for dependents and pay during temporary disability, and the encouragement of long tenure in police service of paid policemen becoming aged or disabled in the service of the state or any of its cities, is hereby declared to be a public purpose of joint concern to the state and each of its cities in the protection of lives and conservation of property and essential to the maintenance of competent and efficient personnel in police service.

History:

[50-1501, added 1967, ch. 429, sec. 253, p. 1249.]
Idaho Code § 50-2509 — Idaho Code / Title 50 / Chapter 25 / Section 50-2509
50-2509 FILING AND HEARING OF PROTESTS AND REQUESTS FOR INCLUSION.
Status: in_force

50-2509. Filing and hearing of protests and requests for inclusion. At any time within the time specified in the notice, any owner of property liable to be assessed for said work may make written protest against the making of such improvement, or the creation of such district, or the benefits to be derived by the real property in the district, and any property owner desiring to be included in such district may make a written request for inclusion. Such protests or requests must be in writing and be delivered to the clerk of the governing body not later than 5 P.M. of the last day within said period.

At time and place specified in the notice, the governing body shall meet and shall proceed to hear and pass upon all protests and requests so made, and its decisions shall be final and conclusive. Such hearing may be adjourned from time to time to a fixed future time and place. If at any time during the hearing, it shall appear to the governing body that changes in the proposed improvements or the proposed district should be made, which, after consultation with the public utilities concerned, appear to affect either the cost or the feasibility of the improvement, the hearing shall be adjourned to a fixed time and place and a new cost and feasibility report shall be prepared on the basis of the contemplated changes. Notice and an opportunity to protest shall again be given on the basis of such contemplated changes.

If protests against the making of the improvement are received from the owners of more than two-thirds (2/3) of the assessable property within the proposed improvement district, the district and project shall be abandoned.

History:

[50-2509, as added by 1971, ch. 212, sec. 1, p. 923.]
Idaho Code § 50-2801 — Idaho Code / Title 50 / Chapter 28 / Section 50-2801
50-2801 DEFINITIONS.
Status: in_force

50-2801. Definitions. As used in sections 50-2801 through 50-2805, Idaho Code:

(1) "Bond" means any obligation for which an allocation of the volume cap is required by the code.

(2) "Certificates" mean mortgage credit certificates described in section 25 of the code.

(3) "Code" means the Internal Revenue Code of 1986, as amended, and any related treasury regulations.

(4) "Executive order" means the executive order or other administrative action of the governor pursuant to section 50-2804, Idaho Code, and any amendments thereto.

(5) "Governmental unit" means (i) any county, city or port district, (ii) any public corporation created pursuant to section 50-2703, Idaho Code, or other entity acting on behalf of one or more counties, cities, or both, (iii) the state, or (iv) any other entity authorized to issue bonds.

(6) "Project" means the facility or facilities to be financed in whole or in part with the proceeds of the bonds, or a program in which the proceeds of the bonds are used directly or indirectly to finance loans to individuals for educational expenses.

(7) "State" means the state of Idaho, any of its agencies, and any of its institutions of higher education.

(8) "State ceiling" means the ceiling for the state as computed under section 146(d) of the code.

(9) "Volume cap" means the volume cap for the state as computed under section 146 of the code.

(10) "Year" means each calendar year beginning calendar year 1987.

History:

[50-2801, added 1985, ch. 227, sec. 1, p. 543; am. 1988, ch. 303, sec. 1, p. 959.]
Idaho Code § 50-1311 — Idaho Code / Title 50 / Chapter 13 / Section 50-1311
50-1311 INDEXING OF PLAT RECORDS.
Status: in_force

50-1311. Indexing of plat records. The said books of "record of plats" shall be provided in the front part thereof with indices, in which shall be duly entered in alphabetical order all maps, plats and diagrams recorded therein, and when so filed, bound and indexed, shall be the legal record of all such maps, plats, diagrams, dedication and other writings.

History:

[50-1311, added 1967, ch. 429, sec. 229, p. 1249.]
Idaho Code § 50-313 — Idaho Code / Title 50 / Chapter 3 / Section 50-313
50-313 PUBLIC WAYS — SUPERVISION.
Status: in_force

50-313. Public ways — Supervision. The city councils of cities shall have the care, supervision, and control of all public highways and bridges within the corporate limits, and shall cause them to be kept open and in repair and free from nuisances. Where any highway within the corporate limits has been designated a part of the state highway system, the provisions of section 40-502, Idaho Code, shall be applicable.

History:

[50-313, added 1967, ch. 429, sec. 47, p. 1249; am. 1985, ch. 253, sec. 8, p. 702.]
Idaho Code § 50-3005 — Idaho Code / Title 50 / Chapter 30 / Section 50-3005
50-3005 FEES.
Status: in_force

50-3005. fees. (1) In carrying out the provisions of this chapter, the secretary of state shall charge and collect the fees set forth in this section.

(2) The filing fee for accepting an application for a certificate of franchise authority shall be one thousand dollars ($1,000), which fee shall include issuance of a certificate of franchise authority by the secretary of state.

(3) The filing fee for accepting an amendment to a certificate of franchise authority or providing a notice required by this chapter shall be five hundred dollars ($500).

History:

[50-3005, added 2012, ch. 207, sec. 1, p. 556.]
Idaho Code § 50-2805 — Idaho Code / Title 50 / Chapter 28 / Section 50-2805
50-2805 MISCELLANEOUS.
Status: in_force

50-2805. Miscellaneous. (1) No action taken pursuant to this chapter shall be deemed to create an obligation, debt or liability of any governmental unit or be deemed to constitute an approval of any obligations issued or to be issued hereunder.

(2) If any provision of this chapter shall be held to be or shall, in fact, be invalid, inoperative or unconstitutional, the defect of the provision shall not affect any other provision of this chapter or render it invalid, inoperative or unconstitutional. To the extent this chapter shall be held to be or shall, in fact, be invalid, inoperative or unconstitutional, all allocations of the state ceiling previously made under this chapter shall be treated as allocations made by the legislature.

(3) The state pledges and agrees with the holders of any bonds with respect to a project for which an allocation of the state ceiling was applied for by a governmental unit and which has been granted under this chapter that the state will not retroactively alter the allocation of the state ceiling to the governmental unit for such bonds.

History:

[50-2805, added 1985, ch. 227, sec. 1, p. 545.]
Idaho Code § 50-231 — Idaho Code / Title 50 / Chapter 2 / Section 50-231
50-231 SEPARATION OF AGRICULTURAL LANDS — LIABILITY FOR BONDED INDEBTEDNESS.
Status: in_force

50-231. Separation of agricultural lands — Liability for bonded indebtedness. Such separation shall not relieve any such tract of land from its liability on account of any outstanding bonded indebtedness of such city existing at the time of its separation therefrom.

History:

[50-231, added 1967, ch. 429, sec. 102, p. 1429.]
Idaho Code § 50-301 — Idaho Code / Title 50 / Chapter 3 / Section 50-301
50-301 CORPORATE AND LOCAL SELF-GOVERNMENT POWERS.
Status: in_force

50-301. Corporate and local self-government powers. Cities governed by this act shall be bodies corporate and politic; may sue and be sued; contract and be contracted with; accept grants-in-aid and gifts of property, both real and personal, in the name of the city; acquire, hold, lease, and convey property, real and personal; have a common seal, which they may change and alter at pleasure; may erect buildings or structures of any kind, needful for the uses or purposes of the city; and exercise all powers and perform all functions of local self-government in city affairs as are not specifically prohibited by or in conflict with the general laws or the constitution of the state of Idaho.

History:

[50-301, added 1967, ch. 429, sec. 6, p. 1249; am. 1976, ch. 214, sec. 1, p. 784.]
Idaho Code § 50-1403 — Idaho Code / Title 50 / Chapter 14 / Section 50-1403
50-1403 DISPOSITION AFTER HEARING.
Status: in_force

50-1403. Disposition after hearing. After a public hearing has been conducted, the city council may proceed to exchange, convey or offer for sale the real property in question, subject to the restrictions of section 50-1401, Idaho Code. The city council shall be governed by the following provisions:

(1) When the property is offered for sale, the property shall be sold at a public auction to the highest bidder and no bids shall be accepted for less than the minimum declared value previously recorded on the record at a public meeting of the council, provided however, if no bids are received, the city council shall have the authority to sell such property as it deems in the best interest of the city.

(2) When it is determined by the city council to be in the city's best interest that the property be offered for exchange, the council may do all things necessary to exchange any property owned by the city for real property of equal value pursuant to terms which shall be a matter of public record.

(3) When property is purchased, donated or otherwise conveyed to a city and the city has previously used federal funding to acquire the property, with funds specifically designated for the purpose of assisting low- to moderate-income families with decent, safe, affordable housing opportunities, the property may be sold, donated or otherwise conveyed directly to a low- to moderate-income family, so long as the sale or conveyance is consistent with the applicable federal regulations under which the property was obtained initially. In such instances, the city council shall pass an ordinance stating:

(a) That the property was acquired, in whole, with federal funds;

(b) That the property is to be sold or otherwise conveyed to a low- to moderate-income family;

(c) That the sale or conveyance is consistent with all applicable federal, state or local statutes, laws, regulations and policies; and

(d) That the property may be offered for sale, donation or otherwise conveyed immediately upon the passing of the ordinance.

(4) When it is determined by the city council to be in the city's best interest that a transfer or conveyance be made, the city council may, by ordinance duly enacted, authorize the transfer or conveyance of any real property owned by such city to any tax supported governmental unit, with or without consideration.

(5) When it is determined by the city council to be in the city's best interest, the city may transfer property to a trustee for security purposes, or for purposes of accommodating a transaction, or for funding of construction of capital facilities on city owned property.

History:

[50-1403, added 2001, ch. 331, sec. 4, p. 1162.]
Idaho Code § 50-1512 — Idaho Code / Title 50 / Chapter 15 / Section 50-1512
50-1512 TAX LEVY — SALARY DEDUCTIONS.
Status: in_force

50-1512. Tax levy — Salary deductions. Any city having established a policeman's retirement fund may levy a tax of not to exceed eight hundredths per cent (.08%) of market value for assessment purposes of property within the corporate limits of the city, except where pursuant to section 50-1525, Idaho Code, it is found that the levy is not sufficient to meet the fund's future liability, in which case the levy may be increased to provide for the actuarial soundness of the fund. Said taxes shall be placed by the city treasurer in a fund to be known as the "policeman's retirement fund." Sums certain, as determined by the governing body, not to exceed eight per cent (8%) per month, may be deducted from the salary of each police officer and placed in said "policeman's retirement fund" by the treasurer. When all claims against the fund have been satisfied, the authority to levy according to this section shall terminate.

History:

[50-1512, added 1967, ch. 429, sec. 264, p. 1249; am. 1971, ch. 26, sec. 6, p. 68; am. 1985, ch. 223, sec. 1, p. 536; am. 1996, ch. 208, sec. 12, p. 670; am. 1996, ch. 322, sec. 53, p. 1080.]
Idaho Code § 50-2510 — Idaho Code / Title 50 / Chapter 25 / Section 50-2510
50-2510 CHANGES IN PROPOSED IMPROVEMENTS OR IN AREA OF DISTRICT — ORDINANCE CREATING IMPROVEMENT DISTRICT.
Status: in_force

50-2510. Changes in proposed improvements or in area of district — Ordinance creating improvement district. After the hearing has been concluded, and after all the protests and requests have been considered, the governing body may make such changes in the proposed improvements or in the area to be included in the district as it may consider desirable or necessary, providing said changes are not substantial. However, no such changes shall be made without a new costs and feasibility report being prepared, and public hearing held, if the public utilities concerned deem it necessary or such changes are determined to be substantial by the governing body.

The governing body shall, after considering matters brought forth at the hearing, either abandon the district and project or adopt an ordinance establishing the district and authorizing the project. Such ordinance shall be published in the manner provided in subsection (8) of section 50-2509, Idaho Code, but need not be mailed. If an ordinance be adopted establishing the district, such ordinance shall finally and conclusively establish the regular organization of the district against all persons, unless an action attacking the validity of the organization shall be commenced in a court of competent jurisdiction within thirty (30) days after the adoption of such ordinance. Such action shall be subject to the provisions of section 50-2511. Thereafter, any such action shall be perpetually barred and the organization of said district shall not be directly or collaterally questioned in any suit, action, or proceedings.

History:

[50-2510, as added by 1971, ch. 212, sec. 1, p. 923.]
Idaho Code § 50-1005A — Idaho Code / Title 50 / Chapter 10 / Section 50-1005A
50-1005A ACCUMULATION OF FUND BALANCES.
Status: in_force

50-1005A. Accumulation of fund balances. Cities may accumulate fund balances at the end of a fiscal year and carry over such fund balances into the ensuing fiscal year sufficient to achieve or maintain city operations on a cash basis. A fund balance is the excess of the assets of a fund over its liabilities and reserves.

History:

[50-1005A, added 1976, ch. 45, sec. 6, p. 126]
Idaho Code § 50-1808 — Idaho Code / Title 50 / Chapter 18 / Section 50-1808
50-1808 ISSUANCE OF COUPON BONDS.
Status: in_force

50-1808. Issuance of coupon bonds. Every city shall have power and authority to issue coupon bonds in a sufficient amount to acquire by purchase, contract, eminent domain or otherwise, and to construct, improve, enlarge, alter and extend irrigation water, waterworks and an irrigation system for such corporation and an irrigation water supply therefor.

History:

[50-1808, added 1967, ch. 429, sec. 363, p. 1249.]
Idaho Code § 50-2203 — Idaho Code / Title 50 / Chapter 22 / Section 50-2203
50-2203 CANVASS OF VOTE.
Status: in_force

50-2203. Canvass of vote. The vote at such election shall be taken, canvassed and returned in the same manner as in other elections. The county board of canvassers shall meet within ten (10) days of such election and proceed to canvass the votes cast thereat.

History:

[50-2203, added 1967, ch. 429, sec. 434, p. 1249; am. 2009, ch. 341, sec. 136, p. 1060.]
Idaho Code § 50-1014 — Idaho Code / Title 50 / Chapter 10 / Section 50-1014
50-1014 TRANSFER OF FUNDS.
Status: in_force

50-1014. Transfer of funds. The city council of the cities may transfer an unexpended balance in one fund to the credit of another fund.

History:

[50-1014, added 1967, ch. 429, sec. 174, p. 1249.]
Idaho Code § 50-1042 — Idaho Code / Title 50 / Chapter 10 / Section 50-1042
50-1042 PROJECTS AND BONDS EXEMPT FROM TAXATION.
Status: in_force

50-1042. Projects and bonds exempt from taxation. So long as a city shall own any works or rehabilitated existing electrical generating facilities, the property and revenue of such works or rehabilitated existing electrical generating facilities shall be exempt from taxation. Bonds issued under sections 50-1027 through 50-1042, Idaho Code, and the income therefrom shall be exempt from taxation, except transfer and estate taxes.

History:

[50-1042, added 1967, ch. 429, sec. 202, p. 1249; am. 1977, ch. 50, sec. 9, p. 99.]
Idaho Code § 50-219 — Idaho Code / Title 50 / Chapter 2 / Section 50-219
50-219 DAMAGE CLAIMS.
Status: in_force

50-219. Damage claims. All claims for damages against a city must be filed as prescribed by chapter 9, title 6, Idaho Code.

History:

[50-219, added 1967, ch. 429, sec. 12, p. 1249; am. 1983, ch. 93, sec. 1, p. 206.]
Idaho Code § 50-2103 — Idaho Code / Title 50 / Chapter 21 / Section 50-2103
50-2103 PETITION FOR CONSOLIDATION.
Status: in_force

50-2103. Petition for consolidation. The citizens of one or more contiguous cities may institute proceedings for consolidation by petition. Upon receiving a petition for consolidation by either of the cities proposed to be consolidated, which petition shall be signed by registered electors of the city equal in number to twenty percent (20%) of the number of electors registered to vote at the last general city election held in the city for the election of officers, the clerk shall duly record the same and give notice to each of the cities proposed to be consolidated. Within thirty (30) days following the giving of notice, it shall be incumbent on the council(s) to proceed as hereinafter provided.

History:

[50-2103, added 1967, ch. 429, sec. 420, p. 1249; am. 1987, ch. 136, sec. 1, p. 270.]
Idaho Code § 50-1307 — Idaho Code / Title 50 / Chapter 13 / Section 50-1307
50-1307 DESIGNATION OF TOWNSITE AND ADDITION — NECESSITY OF DISTINCTIVENESS — LIMITATIONS ON RULE.
Status: in_force

50-1307. Designation of townsite and addition — Necessity of distinctiveness — Limitations on rule. Plats of towns, subdivisions or additions must not bear the name of any other town or addition in the same county, nor can the same word or words similar or pronounced the same, be used in making a name for said town or addition, except the words city, place, court, addition or similar words, unless the same is contiguous and laid out and platted by the same party or parties platting the addition bearing the same name, or a party files and records the written consent of the party or parties who platted the addition bearing the same name. All plats of the same name must continue the block numbers of the plat previously filed.

History:

[50-1307, added 1967, ch. 429, sec. 225, p. 1249.]
Idaho Code § 50-226 — Idaho Code / Title 50 / Chapter 2 / Section 50-226
50-226 SEPARATION OF AGRICULTURAL LANDS — PETITION.
Status: in_force

50-226. Separation of agricultural lands — Petition. The owner or adjoining owners of any platted or unplatted tract or tracts of land containing not less than five (5) acres, included within the corporate limits of any city in this state and used exclusively for agricultural purposes, provided, however, if there is upon or over such tract or tracts of land a railroad or canal right of way, such tract or tracts shall, if no other reason exists, be deemed to be used exclusively for agricultural purposes, within the meaning of this section, may petition the district court of the county in which such tract or tracts of land are situated for a judgment and decree of the court detaching such tract or tracts of land from such city.

History:

[50-226, added 1967, ch. 429, sec. 97, p. 1249.]
Idaho Code § 50-2710 — Idaho Code / Title 50 / Chapter 27 / Section 50-2710
50-2710 REVENUE BONDS — PROVISIONS.
Status: in_force

50-2710. Revenue bonds — Provisions. (1) The principal of and the interest on any revenue bonds issued by a public corporation shall be payable solely from the funds provided for this payment from the revenues of the industrial development facilities funded by the revenue bonds. Each issue of revenue bonds shall be dated, shall bear interest at such rate or rates, including fluctuating or variable rates, and shall mature at such time or times as may be determined by the board of directors, and may be made redeemable before maturity at such price or prices and under such terms and conditions as may be fixed by the board of directors prior to the issuance of the revenue bonds or other revenue obligations.

(2) The board of directors shall determine the form, whether serial bonds or term bonds or any combination of either, the manner of execution of the revenue bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the revenue bonds and the place or places of payment of principal and interest and the duration of the bonds, not to exceed forty (40) years. If any officer whose signature or a facsimile of whose signature appears on any revenue bonds or coupons ceases to be an officer before the delivery of the revenue bonds, such signature shall for all purposes have the same effect as if he had remained in office until delivery. The revenue bonds may be issued in coupon or registered form or both as the board of directors may determine, and provisions may be made for the registration of any coupon revenue bonds as to the principal alone and also as to both principal and interest and for the reconversion into coupon bonds of any bonds registered as to both principal and interest. A public corporation may sell revenue bonds at a public or private sale for such price and bearing interest at such fixed or variable rates as may be determined by the board of directors and with the consent of the user. The bonds may bear interest at any rate or rates per annum without regard to any interest rate limitation appearing in any other law.

(3) The proceeds of the revenue bonds of each issue shall be used solely for the payment of all or part of the project cost or for the making of a sum in the amount of all or part of the project cost of the industrial development facility for which authorized and shall be disbursed in such manner and under such restrictions, if any, provided in the resolution authorizing the issuance of the revenue bonds or in the trust agreement securing the bonds. If the proceeds of the revenue bonds of any series issued with respect to the cost of any industrial development facility exceeds the cost of the industrial development facility for which issued, the surplus shall be deposited to the credit of the debt service fund for the revenue bonds or used to purchase revenue bonds in the open market.

(4) A public corporation may issue interim notes in the manner provided for the issuance of revenue bonds to fund industrial development facilities prior to issuing other revenue bonds to fund such facilities. A public corporation may issue revenue bonds to fund industrial development facilities that are exchangeable for other revenue bonds when the other revenue bonds are executed and available for delivery.

(5) The principal of and interest on any revenue bonds issued by a public corporation shall be secured by a pledge of unexpended bond proceeds and the revenues and receipts received by the public corporation from the industrial development facilities funded by the revenue bonds pursuant to financing documents. The resolution under which the revenue bonds are authorized to be issued and any financing document may contain agreements and provisions respecting the maintenance or use of the industrial development facility covered thereby, the fixing and collection of rents, purchase price payments or loan payments, the creation and maintenance of special funds from such revenues or from revenue bond proceeds, the rights and remedies available in the event of default, and other provisions relating to the security for the bonds, all as the board of directors consider advisable which are not in conflict with this chapter.

(6) The governing body of the municipality under whose auspices the public corporation is created shall approve by resolution any agreement to issue revenue bonds adopted by a public corporation, which agreement and resolution shall set out the amount and purpose of the revenue bonds. Additionally, no issue of revenue bonds, including refunding bonds, may be sold and delivered by a public corporation without a resolution of the governing body of the municipality under whose auspices the public corporation is created, approving the resolution of the public corporation providing for the issuance of the revenue bonds.

(7) All revenue bonds issued under this chapter and all interest coupons applicable thereto are negotiable instruments within the meaning of article 8, title 28, Idaho Code, the uniform commercial code.

History:

[50-2710, added 1982, ch. 119, sec. 1, p. 332.]
Idaho Code § 50-2602 — Idaho Code / Title 50 / Chapter 26 / Section 50-2602
50-2602 DEFINITIONS.
Status: in_force

50-2602. Definitions. As used in this chapter:

(1) "Business" means all types of business, including vacant structures, common areas, and lots within the district, and including professions.

(2) "Legislative authority" means the legislative authority of any city.

History:

[50-2602, added 1980, ch. 192, sec. 1, p. 424; am. 1988, ch. 180, sec. 1, p. 314.]
Idaho Code § 50-1742 — Idaho Code / Title 50 / Chapter 17 / Section 50-1742
50-1742 FORM OF ASSIGNMENT — ASSIGNMENT BY PURCHASER.
Status: in_force

50-1742. Form of assignment — Assignment by purchaser. The assignment prescribed by the preceding section must be substantially in the following form, and indorsed on the certificate:

ASSIGNMENT BY TREASURER

State of Idaho ss.

Municipality ….

For and in consideration of the sum of $…. paid to said municipality, the receipt whereof is hereby acknowledged, I do hereby assign to …. whose post-office address is …. all the right, title and interest of the said municipality in and to the within and foregoing delinquency certificate.

In witness whereof, I have hereunto set my hand at …., Idaho, this …. day of …., …..

Such delinquency certificate may be assigned by the purchaser; provided, that such assignment must be attached to the original delinquency certificate and a duplicate of such assignment must be delivered to the treasurer who must attach the same to the duplicate delinquency certificate in his office.

The assignment of any delinquency certificate by the purchaser thereof or any assignee of such purchaser must be executed in duplicate and acknowledged as provided by law in the conveyance of real property and such assignment must be substantially in the following form, to wit:

"For value received, I hereby assign to …. whose post-office address is …., all my right, title and interest in and to delinquency certificate No. …., issued by the treasurer of …., Idaho, on account of delinquent local improvement district assessments for the year …. on the property described in said certificate.

In witness whereof, I have hereunto set my hand this …. day of …., …..

History:

[50-1742, added 1967, ch. 429, sec. 328, p. 1249; am. 2002, ch. 32, sec. 23, p. 60.]
Idaho Code § 50-1316 — Idaho Code / Title 50 / Chapter 13 / Section 50-1316
50-1316 PENALTY FOR SELLING UNPLATTED LOTS.
Status: in_force

50-1316. Penalty for selling unplatted lots. Any person who shall dispose of or offer for sale any lots in any city or county until the plat thereof has been duly acknowledged and recorded, as provided in sections 50-1301 through 50-1325, shall forfeit and pay one hundred dollars ($100) for each lot and part of a lot sold or disposed of or offered for sale.

History:

[50-1316, added 1967, ch. 429, sec. 234, p. 1249.]
Idaho Code § 50-229 — Idaho Code / Title 50 / Chapter 2 / Section 50-229
50-229 SEPARATION OF AGRICULTURAL LANDS — HEARING.
Status: in_force

50-229. Separation of agricultural lands — Hearing. The hearing herein provided on said petition shall be held within the corporate limits of the city in which said lands sought to be detached are situated. The regular district court reporter shall reduce to writing the testimony and evidence introduced, the same as in trial of civil actions. The judge of such court, either before or after said hearing, may view the lands and premises sought to be detached, as well as other lands or property within the corporate limits of such city, which might in any way be affected by the granting of such petition, and lands on the outside of such city in the same vicinity or locality in which the lands sought to be detached are situated, and may consider such conditions as he finds in connection with the evidence introduced on the hearing, in making and arriving at his final decision and determination of the matter.

No tract or tracts of land shall be detached from any city which by such detachment, would materially mar the symmetry of such city.

History:

[50-229, added 1967, ch. 429, sec. 100, p. 1249.]
Idaho Code § 50-2206 — Idaho Code / Title 50 / Chapter 22 / Section 50-2206
50-2206 DETERMINATION OF INDEBTEDNESS — TRANSMISSION OF MONEY AND FINANCIAL DATA.
Status: in_force

50-2206. Determination of indebtedness — Transmission of money and financial data. Said county clerk shall, forthwith, after ascertaining by said canvass that said disincorporation has been carried, determine the amount of indebtedness of said city, the taxes payable, the amount of money in the treasury, and shall take possession thereof within thirty (30) days from the date of said election, he shall transmit a certified statement of said amounts to the board of county commissioners of the county in which said city is situated, and the county clerk shall, before the expiration of said thirty (30) days, turn over, to the treasurer of said county, all moneys of said corporation and said county treasurer shall place said money in a special fund, to be drawn upon as hereinafter provided.

History:

[50-2206, added 1967, ch. 429, sec. 437, p. 1249.]
Idaho Code § 50-314 — Idaho Code / Title 50 / Chapter 3 / Section 50-314
50-314 STREETS AND PUBLIC PLACES — REGULATIONS.
Status: in_force

50-314. Streets and public places — Regulations. Cities shall have power to: control and limit the traffic on streets, avenues and public places; regulate and control all encroachments upon and into all sidewalks, streets, avenues, and alleys in said city; remove all obstructions from the sidewalks, curbs, gutters and crosswalks at the expense of the person placing them there.

History:

[50-314, added 1967, ch. 429, sec. 49, p. 1249.]
Idaho Code § 50-1319 — Idaho Code / Title 50 / Chapter 13 / Section 50-1319
50-1319 IN PRESENCE OF OPPOSITION — CONTINUANCE OF APPLICATION — HEARING — WHEN PETITION GRANTED.
Status: in_force

50-1319. In presence of opposition — Continuance of application — Hearing — When petition granted. If opposition be made thereto, such application shall be heard by the appropriate board of county commissioners or highway district commissioners at a time fixed by said board, at which time, if the objector shall consent to said vacation, or if the petitioner shall produce to the board of county commissioners the petition of two-thirds (2/3) of the property holders of lawful age in said town, or owning two-thirds (2/3) of the tracts in such platted and subdivided acreage, the said board of county commissioners may proceed to hear and determine upon said application, and may if in their opinion justice requires it, grant the prayer of the petitioner, in whole or in part.

History:

[50-1319, added 1967, ch. 429, sec. 237, p. 1249; am. 1992, ch. 262, sec. 7, p. 782.]
Idaho Code § 50-2722 — Idaho Code / Title 50 / Chapter 27 / Section 50-2722
50-2722 CONVEYANCE OF TITLE TO USER.
Status: in_force

50-2722. Conveyance of title to user. At or prior to the time the principal of, interest and premium, if any, on any revenue bonds issued hereunder to provide a particular project have been fully paid, the public corporation may execute such deeds and conveyances as are necessary and required to convey its rights, title and interest in such project to any user, provided that if such conveyance is made prior to when the revenue bonds are fully paid, the public corporation has determined that adequate provision has been made for the payment of the principal of, interest and premium, if any, on the bonds as they become due.

History:

[50-2722, added 1982, ch. 119, sec. 1, p. 337.]
Idaho Code § 50-1825 — Idaho Code / Title 50 / Chapter 18 / Section 50-1825
50-1825 DEED TO CITY — RECITALS AND FORM.
Status: in_force

50-1825. Deed to city — Recitals and form. Upon the expiration of the period of redemption the city treasurer shall execute to the city a deed to the property described in the delinquency entry; which deed shall recite that it was issued in consideration of the amount of taxes or assessments (specifying the amount) for the year (naming the year) to the city treasurer of the city for the property therein described. Such deed shall be duly acknowledged by the city treasurer and shall be prima facie evidence of full compliance by the city and of all of its officers of every act and thing required to be done as a condition to the issuance of said deed and of the full compliance with the law, prerequisite to the execution of a valid tax deed and that the property has not been redeemed. Any number of descriptions of land held by one (1) person, firm, or corporation within the boundaries of the municipal irrigation system may be included in one (1) deed to the city.

History:

[50-1825, added 1967, ch. 429, sec. 380, p. 1249.]
Idaho Code § 50-1706 — Idaho Code / Title 50 / Chapter 17 / Section 50-1706
50-1706 INITIATION OF ORGANIZATION OF DISTRICT.
Status: in_force

50-1706. Initiation of organization of district. The organization of any local improvement district herein provided for may be initiated upon a petition signed by not less than sixty percent (60%) of the resident owners or two-thirds (2/3) of the owners of property subject to assessment within such proposed improvement district, or by resolution of the council adopted by an affirmative vote of a majority of the members of the full council at a regular or special meeting thereof. The terms of a petition shall include a description of the boundaries of a proposed district, the improvements to be made and the property to be assessed.

History:

[50-1706, added 1976, ch. 160, sec. 2, p. 572; am. 1999, ch. 291, sec. 4, p. 726.]
Idaho Code § 50-1916 — Idaho Code / Title 50 / Chapter 19 / Section 50-1916
50-1916 BONDS.
Status: in_force

50-1916. Bonds. An authority shall have power to issue bonds, from time to time, in its discretion, for any of its corporate purposes. An authority shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. In order to carry out the purposes of sections 50-1901 through 50-1927, Idaho Code, an authority may issue, upon proper resolution, bonds on which the principal and interest are payable: (a) exclusively from the income and revenue of a housing project financed with the proceeds of such bonds, or (b) exclusively from such income and revenues together with grants and contributions from the federal government or other source in aid of such project, or (c) from all or part of its revenues or assets generally. Any such bonds may be additionally secured by a pledge of any income or revenues of the authority, or a mortgage of any housing project, projects or other property of the authority. Any pledge made by the authority shall be valid and binding from the time when the pledge is made and recorded; the revenues, moneys or property so pledged and thereafter received by the authority shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective or whether the parties have notice thereof.

Neither the commissioners of any authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. The bonds and other obligations of an authority shall state on their face that they shall not be a debt of the city, the county, the state nor any political subdivision thereof and neither the city, the county, the state nor any political subdivision thereof shall be liable thereon, nor in any event shall such bonds or obligations be payable out of any funds other than those of said authority. Bonds of an authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from taxes.

History:

[50-1916, added 1967, ch. 429, sec. 406, p. 1249; am. 1993, ch. 215, sec. 4, p. 585.]
Idaho Code § 50-411 — Idaho Code / Title 50 / Chapter 4 / Section 50-411
50-411 NOTICE OF CANDIDATE FILING DEADLINE.
Status: in_force

50-411. Notice of candidate filing deadline. Not more than fourteen (14) nor less than seven (7) days preceding the candidate filing deadline for an election, the city clerk shall cause to be published in the official newspaper a notice of the forthcoming candidate filing deadline. The notice shall state the name of the city, the date of the election, the offices up for election, that declarations of candidacy are available from the city clerk, and the deadline for filing such declarations with the city clerk.

History:

[(50-411) 50-435, added 2006, ch. 105, sec. 5, p. 290; am. and redesig. 2009, ch. 341, sec. 111, p. 1053.]
Idaho Code § 50-1314 — Idaho Code / Title 50 / Chapter 13 / Section 50-1314
50-1314 ENFORCING EXECUTION OF PLAT — ASSESSMENT OF COSTS.
Status: in_force

50-1314. Enforcing execution of plat — Assessment of costs. Whenever the owners of any tract of land have divided and sold or conveyed five (5) or more parts thereof, or invested the public with any right therein, and have failed and neglected to execute and file a plat for record, as provided in sections 50-1301 through 50-1313, Idaho Code, the county recorder, when instructed by the board of county commissioners, shall notify some or all of such owners and proprietors by mail or otherwise, and demand an execution of such plat; if such owners or proprietors, whether notified or not, fail and neglect to execute and file for record said plat within thirty (30) days after the issuance of such notice, the recorder shall cause to be made a plat of such tract and any surveying necessary therefor. Said plat shall be prepared in accordance with requirements in sections 50-1301 through 50-1325, Idaho Code, and in addition, be signed and acknowledged by the recorder, who shall certify that he executed it by reason of the failure of the owners or proprietors named to do so, and filed for record, and, when so filed for record, shall have the same effect for all purposes as if executed, acknowledged and recorded by the owners or proprietors themselves.

A correct statement of the costs and expenses of such plat, surveying and recording, verified by oath, shall be by the recorder laid before the next session of the county board, who shall allow the same and order the same to be paid out of the county treasury, and who shall, at the same time, assess the same amount pro rata upon all several lots or parcels of said subdivided tract; said assessment may be billed to the property owner and, if not paid as requested, shall be collected with, and in like manner as the property taxes, and shall go to the county current expenses fund; or said board may direct suit to be brought in the name of the county before any court having jurisdiction, to recover from the said original owners or proprietors, said cost and expense of preparing and recording said plat.

History:

[50-1314, added 1967, ch. 429, sec. 232, p. 1249; am. 2011, ch. 120, sec. 1, p. 330.]
Idaho Code § 50-2513 — Idaho Code / Title 50 / Chapter 25 / Section 50-2513
50-2513 INCORPORATION OF ASSESSMENT AND BONDING PROVISIONS FROM CHAPTER 17, TITLE 50, IDAHO CODE.
Status: in_force

50-2513. Incorporation of assessment and bonding provisions from chapter 17, title 50, Idaho Code. The following sections of chapter 17, title 50, Idaho Code, are specifically incorporated herein by this reference as though set out here at length, and any amendments to said sections which are compatible with the original intent of this chapter shall be given effect. Said sections incorporated herein are as follows: Sections 50-1718 through 50-1724, inclusive, Idaho Code, and sections 50-1729 through 50-1732, inclusive, Idaho Code.

History:

[50-2513, as added by 1971, ch. 212, sec. 1, p. 923.]
Idaho Code § 50-2515 — Idaho Code / Title 50 / Chapter 25 / Section 50-2515
50-2515 COSTS.
Status: in_force

50-2515. Costs. In determining costs for an extension or conversion included in the cost and feasibility report required by section 50-2506, Idaho Code, the public utility shall be entitled to amounts included in applicable tariffs, rules or regulations filed with or promulgated by the Idaho public utilities commission or federal communications commission or federal energy regulatory commission. In the event tariffs, rules and regulations do not apply, the public utility shall be entitled to amounts sufficient to repay them for the following, computed according to the uniform system of accounts approved by the Idaho public utilities commission or other appropriate regulating agency, and in the event the public utility is not subject to regulation by governmental agencies, by the utility corporation's system of accounts then in use and in accordance with the accounting procedures of said public utility:

(1) Any and all costs including, without limitation, reasonable acquisition costs associated with obtaining new or expanded easements reasonably necessary to construct the extension or conversion. This shall include new or expanded easements to replace existing easements in those instances where technical considerations or the new facilities require new or expanded easements;

(2) If the estimated cost of constructing a conversion exceeds the recorded original cost of constructing the facilities being replaced, then the cost difference between the two (2);

(3) For extensions, the full cost of the facilities required less depreciation taken as of the date of installation;

(4) For removals, the estimated cost of removing the facilities being replaced less the salvage value of the facilities removed.

History:

[50-2515, as added by 1971, ch. 212, sec. 1, p. 923; am. 1991, ch. 301, sec. 7, p. 794.]
Idaho Code § 50-1610 — Idaho Code / Title 50 / Chapter 16 / Section 50-1610
50-1610 REMOVALS DUE TO REDUCTION OF FORCE.
Status: in_force

50-1610. Removals due to reduction of force. Nothing in sections 50-1601 through 50-1610 shall prohibit the city council from reducing the force employed, but such reduction shall be effected in inverse order of seniority of employment, and any employee who is removed on this account shall be placed at the head of the eligible list.

History:

[50-1610, added 1967, ch. 429, sec. 286, p. 1249.]
Idaho Code § 50-3008 — Idaho Code / Title 50 / Chapter 30 / Section 50-3008
50-3008 DISCRIMINATION AMONG POTENTIAL RESIDENTIAL SUBSCRIBERS PROHIBITED — VIOLATIONS.
Status: in_force

50-3008. DISCRIMINATION AMONG POTENTIAL RESIDENTIAL SUBSCRIBERS PROHIBITED — Violations. (1) A system operator shall not deny access to video service to any group of potential residential subscribers because of the income of the residents in the local area in which such group resides.

(2) For purposes of determining whether a system operator has violated the provisions of this section, cost, density, distance and technological or commercial limitations shall be taken into account. An alleged violation shall only be considered within the description of the service area set forth in a certificate of franchise authority. The inability to serve an end user because a holder of such certificate is prohibited from placing its own facilities in a building or property shall not be found to be a violation of the provisions of this section. The requirements of this subsection shall not be construed as authorizing any build-out requirements on a system operator.

(3) Any potential residential subscriber or group of residential subscribers who believes it is being denied access to services in violation of the provisions of this section may file a complaint with the governing authority of the political subdivision within the service area of the system operator in which the subscribers or potential subscribers reside. The complaint shall provide a clear statement of the facts and information upon which it bases the complaint. Upon receipt of any such complaint, the governing authority shall serve a copy of the complaint and supporting materials upon the subject system operator, and shall require the system operator to submit a written answer and other relevant information in response to the complaint within thirty (30) days from service of the complaint on the system operator. If the governing authority, after examination of the complaint and answer thereto, is not successful in informally resolving the dispute, the governing authority may require the system operator and the complainants to enter into mediation. Alternatively, either party may seek judicial determination of the issues. If a court finds that the holder of a certificate of franchise authority is denying access to video service to any group of potential residential subscribers because of the income level of the residents in the local area in which such group resides, the holder of a certificate of franchise authority shall provide access to video service to the affected group of potential subscribers within a reasonable period of time, as specified by the court, to cure such noncompliance.

History:

[50-3008, added 2012, ch. 207, sec. 1, p. 559.]
Idaho Code § 50-1738 — Idaho Code / Title 50 / Chapter 17 / Section 50-1738
50-1738 DELINQUENT INSTALMENTS.
Status: in_force

50-1738. Delinquent instalments. If any instalment or payment is not made as provided hereinbefore and in default, it shall then become delinquent.

History:

[50-1738, added 1967, ch. 429, sec. 324, p. 1249.]
Idaho Code § 50-2033 — Idaho Code / Title 50 / Chapter 20 / Section 50-2033
50-2033 AMENDMENTS.
Status: in_force

50-2033. amendments. Except for consolidation of revenue allocation areas, a revenue allocation area may only be amended to extend its boundaries as set forth herein. An amendment to an urban renewal plan that does not seek to increase the geographic area of the plan, or does not seek to extend the years of the plan beyond the maximum term allowed under chapter 29, title 50, Idaho Code, is not a prohibited amendment, but may be subject to the limitations set forth in section 50-2903A, Idaho Code. No plan amendment shall be interpreted to or shall cause an extension of the limitations established for the existing revenue allocation area as set forth in section 50-2904, Idaho Code. Subject to the limitations in this section and section 50-2903A, Idaho Code, an urban renewal plan that includes a revenue allocation area may be extended only one (1) time to extend the boundary of the revenue allocation so long as the total area to be added is not greater than ten percent (10%) of the existing revenue allocation area and the area to be added is contiguous to the existing revenue allocation area but such contiguity cannot be established solely by a shoestring or strip of land which comprises a railroad or public right-of-way.

History:

[50-2033, added 2011, ch. 317, sec. 5, p. 918; am. 2016, ch. 349, sec. 2, p. 1016.]
Idaho Code § 50-1522 — Idaho Code / Title 50 / Chapter 15 / Section 50-1522
50-1522 SEPARABILITY.
Status: in_force

50-1522. Separability. If any clause, section or provision of sections 50-1501 through 50-1524 be found to be unconstitutional, the remainder of sections 50-1501 through 50-1524 shall remain in full force and effect, notwithstanding such invalidity.

History:

[50-1522, added 1967, ch. 429, sec. 274, p. 1249.]
Idaho Code § 50-2615 — Idaho Code / Title 50 / Chapter 26 / Section 50-2615
50-2615 BENEFIT ZONES — AUTHORIZED — RATES.
Status: in_force

50-2615. Benefit zones — Authorized — Rates. The legislative authority may, for each of the purposes set out in section 50-2601, Idaho Code, establish and modify one or more separate benefit zones based upon the degree of benefit derived from the purpose and may impose a different rate of special assessment within each such benefit zone.

History:

[50-2615, added 1980, ch. 192, sec. 1, p. 426.]
Idaho Code § 50-1743 — Idaho Code / Title 50 / Chapter 17 / Section 50-1743
50-1743 REDEMPTION.
Status: in_force

50-1743. Redemption. At any time within two (2) years from the date of any delinquency certificate, the owner of the property described therein, or any one on his behalf, may redeem such property by paying to the treasurer the amount stated in such certificate together with interest thereon at the date of ten per cent (10%) per annum, from date thereof to the last day of the month in which such redemption is made. Thereupon the treasurer shall issue to the redemptioner a certificate of redemption which shall state the name of the redemptioner, the date of redemption, the number of the certificate so redeemed, the description of the property contained therein, and the name of the district for which said certificate was issued. In case said certificate has not been assigned, the treasurer shall note such upon the original and duplicate delinquency certificate; if assigned upon the duplicate certificate the fact that the same has been redeemed, the date of redemption and shall note the same upon the "Local Improvement Delinquency Certificate Register" and the "Local Improvement Instalment Docket"; provided, that no redemption of any such certificate shall be allowed unless all assessments which have become due subsequent to the one for which said delinquency certificate shall have been issued with penalties, and interest at the rate of ten per cent (10%) per annum from date of said delinquency to the end of the month in which the same is redeemed, shall be paid, which fact together with the amount paid shall be stated upon the redemption certificate. The money received from the redemption of any property described in a certificate which has been assigned shall be deposited by the treasurer to the credit of the person named in the last assignment of such certificate. The treasurer shall thereupon give notice to such person at the address shown by the record of such deposit, and such person shall thereafter be paid the same by the treasurer upon surrender of such certificate to the treasurer who shall mark the same "Paid" and hold it as a voucher.

History:

[50-1743, added 1967, ch. 429, sec. 329, p. 1249.]
Idaho Code § 50-1754 — Idaho Code / Title 50 / Chapter 17 / Section 50-1754
50-1754 DELINQUENT CERTIFICATE NOT ASSIGNABLE DURING PENDENCY OF ACTION.
Status: in_force

50-1754. Delinquent certificate not assignable during pendency of action. No certificate of delinquency as hereinbefore provided, shall be assigned, or any property sold, to which the municipality has taken a deed, on account of any assessment, or instalment thereof, during the pendency of any proceeding in court affecting the validity of such assessment.

History:

[50-1754, added 1967, ch. 429, sec. 340, p. 1249.]
Idaho Code § 50-1822 — Idaho Code / Title 50 / Chapter 18 / Section 50-1822
50-1822 AFFIDAVIT OF COMPLIANCE BY TREASURER.
Status: in_force

50-1822. Affidavit of compliance by treasurer. The city treasurer shall, before the city shall be entitled to a deed, make an affidavit of his having complied with the conditions thereof, stating particularly the facts relied on as constitute such compliance, which affidavit shall be delivered to the city clerk to be by such officer entered on the records of his office and preserved in the files of his office. The city treasurer shall also cause to be filed with the city clerk an affidavit by the publisher, owner or editor of the official newspaper of the city in which notice of time of taking deed was printed and published, which said printed notice and affidavit of publication shall be filed and preserved among the files of the city clerk. The affidavit of the city treasurer as herein provided and of the publisher, owner or editor of such official newspaper shall be prima facie evidence in all courts that such notice has been given and published as therein stated. Any person swearing falsely to such affidavit shall be deemed guilty of perjury and punished accordingly.

History:

[50-1822, added 1967, ch. 429, sec. 377, p. 1249.]
Idaho Code § 50-1038 — Idaho Code / Title 50 / Chapter 10 / Section 50-1038
50-1038 VALIDITY OF BONDS.
Status: in_force

50-1038. Validity of bonds. Any ordinance authorizing said bonds may provide that the bonds shall contain a recital that they are issued pursuant to section 50-1027 through 50-1042, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.

History:

[50-1038, added 1967, ch. 429, sec. 198, p. 1249.]
Idaho Code § 50-2802 — Idaho Code / Title 50 / Chapter 28 / Section 50-2802
50-2802 FINDING AND DECLARATION OF NECESSITY.
Status: in_force

50-2802. Finding and declaration of necessity. The legislature hereby finds and declares that the Tax Reform Act of 1986 imposes an annual state ceiling on the amount of bonds or certificates that may be issued, the interest on which is excludable from gross income for purposes of federal income taxation; that section 146(e)(1) of the code provides that the legislature may enact a different formula for allocating the state ceiling among the governmental units different from the formula contained in the code; and that a different formula is necessary to allocate the state ceiling by the least complicated method possible and to insure an efficient use of the state ceiling.

History:

[50-2802, added 1985, ch. 227, sec. 1, p. 544; am. 1988, ch. 303, sec. 2, p. 959.]
Idaho Code § 50-1015A — Idaho Code / Title 50 / Chapter 10 / Section 50-1015A
50-1015A DISPOSITION OF PARKING FEES AND FINES.
Status: in_force

50-1015A. Disposition of parking fees and fines. All moneys collected for the regulation of parking on city streets, whether collected through city parking meters or by the city clerk, shall not be subject to disposition in the same manner as moneys collected for violations of city ordinances, but shall be placed in the general fund of the city.

History:

[50-1015A, added 1969, ch. 120, sec. 1, p. 380.]
Idaho Code § 50-3106 — Idaho Code / Title 50 / Chapter 31 / Section 50-3106
50-3106 CHANGE IN DISTRICT BOUNDARIES — AMEND GENERAL PLAN.
Status: in_force

50-3106. Change in district boundaries — Amend general plan. (1) After district formation, an area may be deleted from the district only following notice and hearing in the manner prescribed for the formation hearing, adoption of a resolution of intention to do so by the district board, and by voter approval by the qualified electors as provided in section 50-3112, Idaho Code. Lands within the district that are subject to the lien of property taxes, special assessments or other charges imposed pursuant to this chapter shall not be deleted from the district while there are bonds outstanding that are payable by such taxes, assessments or charges.

(2) After district formation, an area may be added to the district upon adoption of a resolution of intention to do so by the district board and the approvals of all the owners of the lands to be added and the governing body of each county or city within which such lands are located, subject to notice, hearing and adoption of a resolution in the manner as required for the formation of a district.

(3) If an area is deleted or added under subsection (1) or (2) of this section, the district board shall attend to the recording and filing requirements set forth in section 63-215, Idaho Code, and shall also cause a copy of the applicable resolution to be delivered to the county assessor of each county in which the district is located, cause a copy of the applicable resolution to be recorded with the county clerk in each county in which the district is located, and cause a copy of the applicable resolution to be filed with the state tax commission.

(4) The district board, following notice and hearing in the manner prescribed for the formation hearing, may amend the general plan in any manner that it determines will not substantially reduce the benefits to be received by any land within the district from the community infrastructure upon completion of the work to be performed under the general plan. No election shall be required for the purposes of this subsection.

History:

[50-3106, added 2008, ch. 410, sec. 1, p. 1147.]
Idaho Code § 50-2305 — Idaho Code / Title 50 / Chapter 23 / Section 50-2305
50-2305 EFFECT OF ELECTION — OFFICIALS.
Status: in_force

50-2305. Effect of election — Officials. Immediately upon the proclamation by the governor the authority of the governing body under the special charter or general incorporating act shall cease, and said officials shall have such powers and duties as are provided under this act, and the general laws of the state of Idaho.

History:

[50-2305, added 1967, ch. 429, sec. 449, p. 1249.]
Idaho Code § 50-2912 — Idaho Code / Title 50 / Chapter 29 / Section 50-2912
50-2912 SEVERABILITY.
Status: in_force

50-2912. Severability. The provisions of this act are hereby declared to be severable and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act.

History:

[50-2912, added 1988, ch. 210, sec. 12, p. 401.]
Idaho Code § 50-2004 — Idaho Code / Title 50 / Chapter 20 / Section 50-2004
50-2004 WORKABLE PROGRAM.
Status: in_force

50-2004. Workable program. A municipality for the purposes of this act may formulate for the municipality a workable program for utilizing appropriate private and public resources to eliminate, and prevent the development or spread of, slums and urban blight, to encourage needed urban rehabilitation, or to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include, without limitation, provision for: the prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning and occupancy controls and standards; the rehabilitation or conservation of slum and blighted areas or portions thereof by replanning, removing congestion, providing parks, playgrounds and other public improvements, by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or deteriorating structures; and to cooperate with an urban renewal agency for the clearance and redevelopment of deteriorated or deteriorating areas or portions thereof.

History:

[50-2004, added 1965, ch. 246, sec. 4, p. 600.]
Idaho Code § 50-1805 — Idaho Code / Title 50 / Chapter 18 / Section 50-1805
50-1805 CONTRACTS FOR DISTRIBUTION OF WATER, COLLECTION AND REMISSION OF IRRIGATION DISTRICT ASSESSMENTS.
Status: in_force

50-1805. Contracts for distribution of water, collection and remission of irrigation district assessments. Every city incorporated under the laws of the state of Idaho shall have the power to enter into a contract in writing with an irrigation district organized or hereafter organized under the laws of the state of Idaho, or with any person, association or corporation where water has been purchased or is being furnished or used for lands within said irrigation district and within the boundaries of any such city, whereby such city shall assume the duty of the distribution of such water to the persons within such city having the right to the use thereof, and to receive such water at such place as shall be provided for in such contract. Such city may enter into a contract with any irrigation district to act as the agent of the irrigation district and be empowered to collect any or all assessments or charges which such irrigation district shall be authorized by law to levy upon all or any part of the lands within such city. Such assessments shall be entered upon the assessment roll as herein provided under an appropriate column to be known as "………….. Irrigation District Assessments" and shall remit to such irrigation district, annually or at more frequent intervals as the contract may provide all moneys collected on account of such levy for the previous year or other remittance period provided by the contract, less the commission contracted to be paid for such collection. If the assessments become delinquent and the property is redeemed from such delinquency, the city shall remit the proportionate part of the amount collected on such delinquency, as the amount due for bonds and interest on such parcels of property shall bear to the other assessments contained in the original tax levy. If a tax deed is taken by the city and thereafter the property so taken is sold as provided in sections 50-1801 through 50-1835, Idaho Code, the irrigation district shall likewise receive its proportionate part of the sale price of such property so sold. Such city shall be entitled to compensation, for collecting assessments and making payments to the irrigation district, in an amount equal to the actual cost which the city incurred in collecting and making such payments. The city shall certify to the district annually, not less than three (3) weeks before the date set for making the annual assessment by the district, the amount set by the city as the cost of collecting and making such payments to the district, and that amount shall be included by the district in its assessments or charges for that year against the lands for which the city collects and makes payments to the district as provided by the contract. Nothing in sections 50-1801 through 50-1835, Idaho Code, shall be construed to make said city primarily liable for any such irrigation district assessments to be collected or obligations, except for the faithful remittance of the funds collected; provided, however, that under contracts where water rights are pooled for delivery and a uniform method of allocating the assessments and charges of the district has been adopted as authorized by section 50-1805A, Idaho Code, the city shall be primarily liable for all such irrigation district assessments to be collected, including operation, maintenance, and principal and interest on bonded or contract indebtedness.

History:

[50-1805, added 1967, ch. 429, sec. 360, p. 1249; am. 1981, ch. 31, sec. 1, p. 49.]
Idaho Code § 50-1507 — Idaho Code / Title 50 / Chapter 15 / Section 50-1507
50-1507 ADMINISTRATION OF FUND.
Status: in_force

50-1507. Administration of fund. The policeman's retirement fund shall be administered by the chairman of the board of police retirement fund commissioners.

History:

[50-1507, added 1967, ch. 429, sec. 259, p. 1249.]
Idaho Code § 50-2003 — Idaho Code / Title 50 / Chapter 20 / Section 50-2003
50-2003 ENCOURAGEMENT OF PRIVATE ENTERPRISE.
Status: in_force

50-2003. Encouragement of private enterprise. An urban renewal agency, to the greatest extent it determines to be feasible in carrying out the provisions of this act, shall afford maximum opportunity, consistent with the sound needs of the municipality as a whole, to the rehabilitation or redevelopment of the urban renewal area by private enterprise. A municipality shall also give consideration to this objective in exercising its powers under this act, including the formulation of a workable program, the approval of urban renewal plans, community-wide plans or programs for urban renewal, and general neighborhood renewal plans (consistent with the general plan of the municipality), the exercise of its zoning powers, the enforcement of other laws, codes and regulations relating to the use of land and the use and occupancy of buildings and improvements, and the provision of necessary public improvements.

History:

[50-2003, added 1965, ch. 246, sec. 3, p. 600.]
Idaho Code § 50-2902 — Idaho Code / Title 50 / Chapter 29 / Section 50-2902
50-2902 FINDINGS AND PURPOSE.
Status: in_force

50-2902. Findings and purpose. It is hereby found and declared that there exists in municipalities a need to raise revenue to finance the economic growth and development of urban renewal areas and competitively disadvantaged border community areas. The purpose of this act is to provide for the allocation of a portion of the property taxes levied against taxable property located in a revenue allocation area for a limited period of time to assist in the financing of urban renewal plans, to encourage private development in urban renewal areas and competitively disadvantaged border community areas, to prevent or arrest the decay of urban areas due to the inability of existing financing methods to promote needed public improvements, to encourage taxing districts to cooperate in the allocation of future tax revenues arising in urban areas and competitively disadvantaged border community areas in order to facilitate the long-term growth of their common tax base, and to encourage private investment within urban areas and competitively disadvantaged border community areas. The foregoing purposes are hereby declared to be valid public purposes for municipalities.

History:

[50-2902, added 1988, ch. 210, sec. 2, p. 393; am. 1990, ch. 430, sec. 3, p. 1190; am. 1994, ch. 381, sec. 1, p. 1223.]
Idaho Code § 50-1704 — Idaho Code / Title 50 / Chapter 17 / Section 50-1704
50-1704 IMPROVEMENTS ON RAILROAD TRACKS OR ON ONE SIDE OF A STREET.
Status: in_force

50-1704. Improvements on railroad tracks or on one side of a street. (a) Whenever any improvement shall be made upon any street occupied by the tracks of any railroad, the council is authorized and it shall be its duty to assess against such railroad situated within the improvement district its just proportion of the cost and expenses of making such improvement, which proportion shall be estimated on a basis of charging to said railroad not less than the cost and expenses of improving the space between the rails of said tracks, and for a distance of two (2) feet on each side of said rails. Said assessment shall be made on the rolls of said improvement district against the railway or railroad, the same as against other property, and said assessment shall be a lien upon said portion of said railroad from the time of the levy of the assessment by the council, and shall be collected in the same manner as other local improvement district assessments.

(b) When any work or improvement herein authorized is done or made on only one (1) side of the center line of any street, assessments to cover the cost and expenses of such work or improvement may be levied on the lots and lands on that side only or on both sides, in amounts on each side as the council shall determine based on the benefits resulting to the property on each side.

History:

[50-1704, added 1976, ch. 160, sec. 2, p. 571.]
Idaho Code § 50-1026 — Idaho Code / Title 50 / Chapter 10 / Section 50-1026
50-1026 CITY BONDS — ORDINANCE — ELECTION.
Status: in_force

50-1026. City bonds — Ordinance — Election. Whenever the city council of a city shall deem it advisable to issue the coupon bonds of such city, the mayor and council shall provide therefor by ordinance, which shall specify and set forth all the purposes, objects, matters and things required by section 57-203, Idaho Code, and make provision for the collection of an annual tax sufficient to pay the interest on such proposed bonds as it falls due, and also to constitute a sinking fund for the payment of the principal thereof within thirty (30) years from the time of contracting the same as required by the constitution and laws of the state of Idaho.

The ordinance shall also provide the date for holding an election that is in accordance with the dates authorized in section 50-405, Idaho Code, which falls more than forty-five (45) days after the clerk of the political subdivision orders that such election shall be held. Notice shall be given in the official newspaper of the city by the county clerk in accordance with election law in title 34, Idaho Code. Such election shall be conducted as other city elections. The voting at such elections must be by ballot, and the ballot used shall be substantially as follows: "In favor of issuing bonds to the amount of…. dollars for the purpose stated in Ordinance No…..," and "Against issuing bonds to the amount of…. dollars for the purpose stated in Ordinance No……" If at such election, held as provided in this chapter, two-thirds (2/3) of the qualified electors voting at such election assent to the issuing of such bonds and the incurring of the indebtedness thereby created for the purpose aforesaid, such bonds shall be issued in the manner provided by the laws of the state of Idaho.

History:

[50-1026, added 1967, ch. 429, sec. 186, p. 1249; am. 1971, ch. 25, sec. 7, p. 61; am. 2009, ch. 341, sec. 127, p. 1057; am. 2011, ch. 11, sec. 25, p. 37.]
Idaho Code § 50-2521 — Idaho Code / Title 50 / Chapter 25 / Section 50-2521
50-2521 REASSESSMENT OF BENEFITS.
Status: in_force

50-2521. Reassessment of benefits. In all cases of assessments for improvements under this chapter against any property, persons or corporations whatsoever, wherein said assessments have failed to be valid in whole or in part for want of form or sufficiency, informality, irregularity or nonconformance with the chapter provisions, or laws governing such assessments, the governing body shall be, and they are hereby, authorized to reassess such special taxes or assessments and to enforce their collection, in accordance with the provisions of law existing at the time the reassessment is made. But no mistake, in description of the property, or the name of the owner, shall be held to affect any assessment or any lien created thereby under the provisions of this chapter, or any law of this state, unless such mistake or error renders it impossible to identify the property so assessed.

When for any cause, mistake or inadvertence, the amount assessed shall not be sufficient to pay the cost and expenses of the improvement made and enjoyed by owners of property in any local improvement district where the same is made, it shall be lawful, and the governing body is hereby directed and authorized to make reassessments on all property in said local improvement district sufficient to pay for such improvements, such reassessment to be made and collected in accordance with the provisions of the law existing at the time of its levy.

History:

[50-2521, as added by 1971, ch. 212, sec. 1, p. 923.]
Idaho Code § 50-1049 — Idaho Code / Title 50 / Chapter 10 / Section 50-1049
50-1049 COLLECTION AND ADMINISTRATION OF LOCAL-OPTION NONPROPERTY TAXES BY STATE TAX COMMISSION — DISTRIBUTION.
Status: in_force

50-1049. Collection and administration of local-option nonproperty taxes by state tax commission — Distribution. (a) A city which has levied a tax pursuant to section 50-1044, Idaho Code, may contract with the state tax commission for the collection and administration of such taxes in like manner and under the definitions, rules and regulations of the tax commission for the collection and administration of the state sales tax under chapter 36, title 63, Idaho Code. A city which levies such tax shall have the right to review and audit the records of collection thereof maintained by the commission and the returns of taxpayers relating to such tax. Alternatively, such city shall have authority to administer and collect such tax.

(b) All revenues collected by the tax commission pursuant to section 50-1044, Idaho Code, shall be distributed as follows:

(1) An amount of money shall be distributed to the state refund account sufficient to pay current refund claims. All refunds authorized by the commission to be paid shall be paid through the state refund account and those moneys are continuously appropriated;

(2) An amount of money equal to such fee as may be agreed upon between the commission and such city for the actual cost of the collection and administration of the tax. The amount retained by the commission shall not exceed the amount authorized to be expended by appropriation by the legislature. Any unencumbered balance in excess of the actual cost at the end of each fiscal year shall be distributed as provided in paragraph (3) of this subsection;

(3) All remaining moneys received pursuant to this chapter shall be placed in an account designated by the state controller and remitted monthly to the city levying such tax.

History:

[50-1049, added 1979, ch. 221, sec. 2, p. 616; am. 1986, ch. 73, sec. 7, p. 207; am. 1994, ch. 180, sec. 93, p. 488.]
Idaho Code § 50-208 — Idaho Code / Title 50 / Chapter 2 / Section 50-208
50-208 DUTIES OF TREASURER — RECORD OF OUTSTANDING BONDS.
Status: in_force

50-208. Duties of treasurer — Record of outstanding bonds. (1) The treasurer of each city shall be the custodian of all moneys belonging to the city. He shall account for each fund or appropriation made in its annual budget appropriation or otherwise directed by the city council. Such accounting shall track the debits and credits relating thereto. The treasurer shall on a monthly basis, and no more than sixty (60) days after the conclusion of each month at a regular meeting of the city council, render an accounting to the city council showing the financial condition of the treasury at the date of such accounting. The report shall state the balances of accounts maintained in the city's treasury. The treasurer shall also make available credit and debit details of all such accounts when required by the mayor or by action of the governing board. Making the quarterly treasurer's report available for public review on the city's website within thirty (30) days of the conclusion of each quarter shall satisfy publication requirements established by section 50-1011, Idaho Code.

(2) The treasurer shall also keep a record of all outstanding bonds against the city showing the number, amount of each, and to whom said bonds were issued and when any bonds are purchased, paid, or canceled. In his annual report, the treasurer shall describe particularly the bonds issued and sold during the year and the fiscal terms of the sale including the expenses related thereto.

(3) Upon notification by the state controller, the treasurer shall comply with the accounting and fiscal reporting requirements set forth in the uniform accounting manual for local governmental entities authorized under section 67-1075, Idaho Code.

History:

[50-208, added 1967, ch. 429, sec. 72, p. 1249; am. 1976, ch. 49, sec. 2, p. 148; am. 2017, ch. 129, sec. 1, p. 303; am. 2021, ch. 89, sec. 15, p. 309.]
Idaho Code § 50-1326 — Idaho Code / Title 50 / Chapter 13 / Section 50-1326
50-1326 ALL PLATS TO BEAR A SANITARY RESTRICTION — SUBMISSION OF PLANS AND SPECIFICATIONS OF WATER AND SEWAGE SYSTEMS TO STATE DEPARTMENT OF ENVIRONMENTAL QUALITY — REMOVAL OR REIMPOSITION OF SANITARY RESTRICTION.
Status: in_force

50-1326. All plats to bear a sanitary restriction — Submission of plans and specifications of water and sewage systems to state department of environmental quality — Removal or reimposition of sanitary restriction. For the purposes of sections 50-1326 through 50-1329, Idaho Code, any plat of a subdivision filed in accordance with chapter 13, title 50, Idaho Code, or in accordance with county ordinances adopted pursuant to chapter 38, title 31, Idaho Code, shall be subject to the sanitary restriction. There shall be placed upon the face of every plat prior to it being recorded by the county clerk and recorder, the sanitary restriction, except such sanitary restriction may be omitted from the plat, or if it appears on the plat, may be indorsed by the county clerk and recorder as sanitary restriction satisfied, when there is recorded at the time of the filing of the plat, or at any time subsequent thereto, a duly acknowledged certificate of approval issued by the director of the department of environmental quality, for either public water and/or public sewer facilities, or individual water and/or sewage facilities for the particular land. The owner shall have the obligation of submitting to the director all information necessary concerning the proposed facilities referred to. Such certificate of approval may be issued for the subdivision or any portion thereof. Until the sanitary restrictions have been satisfied by the filing of said certificate of approval, no owner shall construct any building or shelter on said premises which necessitates the supplying of water or sewage facilities for persons using such premises. The sanitary restrictions shall be reimposed on the plat upon the issuance of a certificate of disapproval after notice to the responsible party and an opportunity to appeal, if construction is not in compliance with approved plans and specifications, or the facilities do not substantially comply with regulatory standards in effect at the time of facility construction.

History:

[50-1326, as added by 1971, ch. 329, sec. 2, p. 1294; am. 1989, ch. 233, sec. 1, p. 569; am. 2001, ch. 103, sec. 90, p. 331.]
Idaho Code § 50-232 — Idaho Code / Title 50 / Chapter 2 / Section 50-232
50-232 SEPARATION OF AGRICULTURAL LANDS — STREETS NOT AFFECTED BY SEPARATION.
Status: in_force

50-232. Separation of agricultural lands — Streets not affected by separation. The detaching of any lands from the corporate limits of any city under the provisions of this chapter shall not affect or change the status of any public streets or highways as the same are laid out, constructed or dedicated at the time of such detachment, but any public streets or highways included within the territory detached shall cease to be a part of such city.

History:

[50-232, added 1967, ch. 429, sec. 103, p. 1429.]
Idaho Code § 50-1755 — Idaho Code / Title 50 / Chapter 17 / Section 50-1755
50-1755 DUTIES OF OFFICERS.
Status: in_force

50-1755. Duties of officers. When the council shall decide that it is to the best interest of the municipality that the duties in this code designated to be performed by the treasurer should be done and performed by the clerk of such municipality, they may at their option, by resolution, duly presented and approved by such council assign such duties to the clerk of such municipality; provided, that the duty of receiving any funds collected by the clerk and the depositing and disbursing of such funds by order of the council shall always be and remain the duty and responsibility of the treasurer; the council shall, in said resolution, devise a proper system or plan whereby the clerk may pay to the treasurer all moneys collected by him and take receipts therefor.

History:

[50-1755, added 1967, ch. 429, sec. 341, p. 1249.]
Idaho Code § 50-1321 — Idaho Code / Title 50 / Chapter 13 / Section 50-1321
50-1321 NECESSITY FOR CONSENT OF ADJOINING OWNERS — ACKNOWLEDGMENT AND FILING OF CONSENT — LIMITATION ON RULE — PREREQUISITES TO ORDER OF VACATION.
Status: in_force

50-1321. Necessity for consent of adjoining owners — Acknowledgment and filing of consent — Limitation on rule — Prerequisites to order of vacation. No vacation of a public street, public right-of-way or any part thereof having been duly accepted and recorded as part of a plat or subdivided tract shall take place unless the consent of the adjoining owners be obtained in writing and delivered to the public highway agency having jurisdiction over said public street or public right-of-way. Such public street or public right-of-way may, nevertheless, be vacated without such consent of the owners of the property abutting upon such public street or public right of way when such public street or public right-of-way has not been opened or used by the public for a period of five (5) years and when such nonconsenting owner or owners have access to the property from some other public street, public right-of-way or private road. However, before such order of vacation can be entered, it must appear to the satisfaction of the public highway agency that the owner or owners of the property abutting said public street or public right-of-way have been served with notice of the proposed abandonment in the same manner and for the same time as is now or may hereafter be provided for the service of the summons in an action at law. Any vacation of lands within one (1) mile of a city shall require written notification to the city by regular mail at least thirty (30) days prior to the vacation.

History:

[50-1321, added 1967, ch. 429, sec. 239, p. 1249; am. 1992, ch. 262, sec. 8, p. 782; am. 2014, ch. 21, sec. 2, p. 28; am. 2015, ch. 244, sec. 31, p. 1024.]
Idaho Code § 50-1912 — Idaho Code / Title 50 / Chapter 19 / Section 50-1912
50-1912 OPERATION NOT FOR PROFIT.
Status: in_force

50-1912. Operation not for profit. It is hereby declared to be the policy of this state that each housing authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with providing adequate, safe and sanitary accommodations, and no housing authority shall construct or operate any such project for profit or as a source of revenue to the city. An authority shall fix the rentals for dwellings in its projects at no higher rates than it shall find to be necessary in order to produce revenue which, together with all other available moneys, revenues, income and receipts of the authority from whatever sources derived, will be sufficient (a) to pay, as the same become due, the principal and interest on the bonds of the authority; (b) to meet the cost of, and to provide for, maintaining and operating the projects, including the cost of any insurance, and the administrative expenses of the authority; and (c) to create, during not less than the six (6) years immediately succeeding its issuance of any bonds, a reserve sufficient to meet the largest principal and interest payments which will be due on such bonds in any one (1) year thereafter and to maintain such reserve.

History:

[50-1912, added 1967, ch. 429, sec. 402, p. 1249.]
Idaho Code § 50-604 — Idaho Code / Title 50 / Chapter 6 / Section 50-604
50-604 SPECIAL MEETINGS OF COUNCIL.
Status: in_force

50-604. Special meetings of council. The mayor shall have the power to call special meetings of the city council, the object of which shall be submitted to the council in writing; the call and object, as well as the disposition thereof, shall be entered upon the journal by the clerk.

History:

[50-604, added 1967, ch. 429, sec. 124, p. 1249.]
Idaho Code § 50-2623 — Idaho Code / Title 50 / Chapter 26 / Section 50-2623
50-2623 DISCLOSURE REQUIREMENT PRIOR TO LEASE OR SALE OF PROPERTY.
Status: in_force

50-2623. Disclosure requirement prior to lease or sale of property. Prior to leasing or selling property located within a business improvement district, property owners are required to provide written disclosure to prospective lessees or purchasers that the subject property is located within a business improvement district and that the lessee or purchaser may be responsible for the payment of special assessments to the legislative authority. The written disclosure shall be a statement by the property owner and shall not be construed to be a statement made by any agent representing the property owner. No agent of the property owner shall be authorized to make such a disclosure as provided in this chapter or to verify the same.

History:

[50-2623, added 2003, ch. 204, sec. 2, p. 545.]
Idaho Code § 50-2707 — Idaho Code / Title 50 / Chapter 27 / Section 50-2707
50-2707 PUBLIC CORPORATIONS — AUDIT BY STATE.
Status: in_force

50-2707. Public corporations — Audit by state. The finances of any public corporation are subject to examination by the legislative council.

History:

[50-2707, added 1982, ch. 119, sec. 1, p. 330; am. 1993, ch. 327, sec. 24, p. 1217.]
Idaho Code § 50-1318 — Idaho Code / Title 50 / Chapter 13 / Section 50-1318
50-1318 IN ABSENCE OF OPPOSITION — GRANT OF PETITION — RESTRICTIONS.
Status: in_force

50-1318. In absence of opposition — Grant of petition — Restrictions. If no opposition be made to such petition or application within the said thirty (30) day period, the board of county commissioners shall vacate the same, with such restrictions as they may deem reasonable and for the public good.

History:

[50-1318, added 1967, ch. 429, sec. 236, p. 1249.]
Idaho Code § 50-302A — Idaho Code / Title 50 / Chapter 3 / Section 50-302A
50-302A CONFINEMENT IN CITY OR COUNTY JAIL FOR VIOLATING ORDINANCE.
Status: in_force

50-302A. Confinement in city or county jail for violating ordinance. Any person charged with or convicted of violation of a city ordinance and subject to imprisonment shall be confined in the city jail; provided, however, that any city shall have the right to use the jail of the county for the confinement of such persons but it shall be liable to the county for the cost of keeping such prisoners.

History:

[50-302A, added 1970, ch. 30, sec. 1, p. 60.]
Idaho Code § 50-1762 — Idaho Code / Title 50 / Chapter 17 / Section 50-1762
50-1762 LOCAL IMPROVEMENT GUARANTEE FUND — CREATION OF FUND.
Status: in_force

50-1762. Local improvement guarantee fund — Creation of fund. Any municipal corporation, including chartered municipal corporations, may by general ordinance of appropriation or by levy of a tax of not to exceed two hundredths percent (.02%) of the market value for assessment purposes on all taxable property within the municipal corporation in any one (1) year, or by appropriation from such other sources as may be determined by the council, create a fund for the purpose of guaranteeing to the extent of such fund, the payment of bonds or warrants and interest thereon, hereafter issued against any local improvements therein; provided, that such sum so levied or appropriated in any year shall be more than sufficient to pay the outstanding warrants of said fund and to establish therein a balance, which combined levy and appropriation in any one (1) year shall not exceed five percent (5%) of the outstanding obligations thereby guaranteed; provided, further, that the council shall not levy any tax as herein provided when the amount of moneys in the "Local Improvement Guarantee Fund" equals ten percent (10%) of the total outstanding obligations thereby guaranteed. The tax levies herein authorized and directed shall be additional to and, if need be, in excess of any and all statutory and charter limitations. The fund so created shall be designated "Local Improvement Guarantee Fund."

History:

[50-1762, added 1967, ch. 429, sec. 347, p. 1249; am. 1995, ch. 82, sec. 25, p. 235.]
Idaho Code § 50-2909 — Idaho Code / Title 50 / Chapter 29 / Section 50-2909
50-2909 ISSUANCE OF BONDS — BOND PROVISIONS.
Status: in_force

50-2909. Issuance of bonds — Bond provisions. (1) If the local governing body of an authorized municipality has enacted an ordinance adopting a revenue allocation financing provision as part of an urban renewal plan, the urban renewal agency established by such municipality is hereby authorized and empowered:

(a) To apply the revenues allocated to it pursuant to section 50-2908, Idaho Code, for payment of the projected costs of any urban renewal project located in the revenue allocation area;

(b) To borrow money, incur indebtedness and issue one (1) or more series of bonds to finance or refinance, in whole or in part, the urban renewal projects authorized pursuant to such plan within the limits established by paragraph (c) of this subsection; and

(c) To pledge irrevocably to the payment of principal of and interest on such moneys borrowed, indebtedness incurred or bonds issued by the agency the revenues allocated to it pursuant to section 50-2908, Idaho Code.

All bonds issued under this section shall be issued in accordance with section 50-2012, Idaho Code, except that such bonds shall be payable solely from the special fund or funds established pursuant to section 50-2908, Idaho Code. On and after July 1, 2011, bonds may be issued for a maximum period of twenty (20) years.

(2) The agency shall be obligated and bound to pay such borrowed moneys, indebtedness, and bonds as the same shall become due, but only to the extent that the moneys are available in a special fund or funds established under section 50-2908, Idaho Code; and the agency is authorized to maintain an adequate reserve therefor from any moneys deposited in such a special fund or funds.

(3) Nothing in this chapter shall in any way impair any powers an urban renewal agency may have under subsection (a) of section 50-2012, Idaho Code.

(4) When the revenue allocation area plan budget described in section 50-2903(5), Idaho Code, estimates that all financial obligations have been provided for, the principal of and interest on such moneys, indebtedness and bonds have been paid in full, or when deposits in the special fund or funds created under this chapter are sufficient to pay such principal and interest as they come due, and to fund reserves, if any, or any other obligations of the agency funded through revenue allocation proceeds shall be satisfied and the agency has determined no additional project costs need be funded through revenue allocation financing, the allocation of revenues under section 50-2908, Idaho Code, shall thereupon cease; any moneys in such fund or funds in excess of the amount necessary to pay such principal and interest shall be distributed to the affected taxing districts in which the revenue allocation area is located in the same manner and proportion as the most recent distribution to the affected taxing districts of the taxes on the taxable property located within the revenue allocation area; and the powers granted to the urban renewal agency under section 50-2909, Idaho Code, shall thereupon terminate.

History:

[50-2909, added 1988, ch. 210, sec. 9, p. 399; am. 2002, ch. 143, sec. 5, p. 401; am. 2011, ch. 317, sec. 9, p. 924.]
Idaho Code § 50-2516 — Idaho Code / Title 50 / Chapter 25 / Section 50-2516
50-2516 CONSTRUCTION OF AND TITLE TO EXTENDED OR CONVERTED FACILITIES.
Status: in_force

50-2516. Construction of and title to extended or converted facilities. The public utility concerned shall be responsible for all construction work and may contract out such of the construction work as it deems desirable. Title to the extended or converted facilities shall be at all times solely and exclusively in the public utility involved.

History:

[50-2516, as added by 1971, ch. 212, sec. 1, p. 923; am. 1991, ch. 301, sec. 8, p. 795.]
Idaho Code § 50-1026A — Idaho Code / Title 50 / Chapter 10 / Section 50-1026A
50-1026A CITY BONDS — PLEDGE OF REVENUES.
Status: in_force

50-1026A. City bonds — Pledge of revenues. (a) In the ordinance required in section 50-1026, Idaho Code, providing for the issuance of bonds of a city to be issued to acquire, improve, construct or extend a revenue producing system or facility to be owned and operated by the city, the city council may pledge, as an additional source of payment of such bonds, all or any part of the revenues derived or to be derived from rates, fees, tolls, or charges imposed for the services, facilities, or commodities furnished by the revenue producing system or facility to be so acquired, improved or extended.

(b) The notice of the election on bonds provided for in section 50-1026, Idaho Code, shall describe any pledge of revenues made pursuant to this section. The proposition appearing on the ballot provided for in section 50-1026, Idaho Code, shall indicate that the bonds are to be additionally secured by a pledge of revenues of designated revenue producing systems or facilities owned and operated by the city.

(c) The city council of a city may, in the ordinance required in section 50-1026, Idaho Code, providing for the issuance of bonds to which revenues have been pledged as provided in this section, covenant to prescribe and collect reasonable rates, fees, tolls or charges for the services, facilities, or commodities furnished by any revenue producing system or facility owned and operated by the city, all or a portion of the revenues of which have been pledged to bonds of the city as provided in this section, and may covenant to prescribe and collect such rates, fees, tolls or charges as will produce revenues sufficient, in addition to any other requirements of law, to pay all or a portion of the maturing principal of an interest on the bonds to which such revenues have been pledged.

(d) The provisions of section 57-214, Idaho Code, to the contrary notwithstanding, bonds of a city to which revenues have been pledged as provided in this section, if issued to provide electric improvements or facilities, may be sold in such manner and at such price as the city council may in its discretion determine advisable, provided that such bonds may not be issued to acquire generation, transmission, or distribution facilities owned by other utilities without the consent of the utility owning the improvement or facility. Bonds of a city to which revenues have been pledged as provided in this section may be issued in coupon or registered form. The city council may provide for the use of a portion of the proceeds of sale of bonds to which revenues have been pledged as provided in this section to pay interest on the bonds during the period to be covered by the construction of the facility or improvement for which the bonds are to be issued and to establish such reserves as the city council shall deem to be necessary.

(e) The provisions of section 50-1041, Idaho Code, shall not apply to bonds of a city to which revenues have been pledged as provided in this section. Such bonds shall be deemed not to have been issued under the revenue bond act.

History:

[50-1026A, added 1981, ch. 218, sec. 1, p. 406; am. 1982, ch. 366, sec. 1, p. 917.]
Idaho Code § 50-1722 — Idaho Code / Title 50 / Chapter 17 / Section 50-1722
50-1722 BONDS — REGISTERED WARRANTS — INTERIM WARRANTS.
Status: in_force

50-1722. Bonds — Registered warrants — Interim warrants. If the council determines to make assessments payable in instalments as is provided in section 50-1715, Idaho Code, it shall be ordinance issued in the name of the municipality improvement bonds of the improvement district payable from assessments levied against the property within the district. Such bonds shall be payable each year from and after the date of the bonds and shall be of such denomination and bear interest, payable annually, at such rate as is determined by the council, but in no event shall such rate of interest be greater than the rate of interest borne by the unpaid assessments.

The bonds shall be in such form and denomination as may be provided by the council and they shall mature serially over a period not exceeding thirty (30) years. The council may reserve the right to redeem any of the bonds at its option on any interest payment at such price or prices as determined by the council. The bonds shall be signed by the mayor of the city, the chairman of the board of county commissioners, the president of the highway district, or the chairman of the board of directors of a water and/or sewer district, as the case may be, and shall be countersigned by the treasurer and attested by the clerk of the municipality. No bond or coupon shall be invalid because an officer whose manual or facsimile signature thereon has ceased to hold office at the time of the delivery of the bonds so long as he held the office at the time such signature was placed on the bond or coupon. The coupons attached thereto shall bear the facsimile signatures of said officers and each bond shall have the seal of the municipality affixed thereto. Each bond shall provide that the principal thereof and the interest thereon are payable solely from the principal of an interest on the unpaid assessments levied in the district to pay the total cost and expenses of the project concerned.

In lieu of bonds, registered warrants may be issued under the same circumstances and in the same manner as bonds, such warrants to be issued in payment of any or all costs or expenses of the improvements to the amount said costs or expenses were set out in the engineer's report. The warrants shall be redeemable in numerical order and further shall be subject to all provisions of this code relating to local improvement bonds so far as the same may be applicable, including, but not limited to, the provisions of sections 50-1762 to 50-1769, Idaho Code.

If the council shall determine to issue and sell bonds, it may for the purpose of meeting any cost and expenses of making the improvements, as the same are installed prior to the sale of the bonds, issue interim warrants of the district payable to the contractor, other proper person, upon estimates of the engineer, bearing interest at a rate provided by the council, which interim warrants together with the interest due thereon at the date of the issue of the bonds, shall be redeemed and retired from the proceeds of the sale of the bonds or prepayment of assessments.

Bonds issued hereunder shall have all the requisites of negotiable paper under the Uniform Commercial Code, and shall not be invalid for irregularity or defect in the proceedings for their issuance, sale or delivery, and shall be incontestable in the hands of bona fide purchasers or holders for value thereof. Nothing herein contained shall prohibit any municipality from issuing bonds or warrants in the denomination of one hundred dollars ($100), or an even multiple thereof, except that bond number 1 of any issue may be of a denomination other than one hundred dollars ($100).

History:

[50-1722, added 1976, ch. 160, sec. 2, p. 584.]
Idaho Code § 50-3001 — Idaho Code / Title 50 / Chapter 30 / Section 50-3001
50-3001 SHORT TITLE.
Status: in_force

50-3001. short title. This chapter shall be known and may be cited as the "Idaho Video Service Act."

History:

[50-3001, added 2012, ch. 207, sec. 1, p. 552.]
Idaho Code § 50-902 — Idaho Code / Title 50 / Chapter 9 / Section 50-902
50-902 PASSAGE OF ORDINANCES.
Status: in_force

50-902. Passage of ordinances. The passage or adoption of every ordinance, and every resolution or order to enter a contract shall be by roll call of the council with the yea or nay of each being recorded, and to pass or adopt any ordinance or any such resolution or order, a majority of the council shall be required.

Ordinances shall be read on three (3) different days, two (2) readings of which may be by title only and one (1) reading of which shall be in full, unless one half (1/2) plus one (1) of the members of the full council shall dispense with the rule. In preparation, passage and publication, ordinances shall contain no subject which shall not be clearly expressed in the title, and no ordinance or section thereof shall be revised or amended unless all ordinances, which are intended to amend existing ordinances, shall have the words which are added to such ordinance underlined; when the amendment is to strike out or repeal any part of an existing ordinance, the letter, figure, word or words stricken or repealed shall be printed with a line through such letter, figure, word or words in the printed bill to indicate the part stricken or repealed. Provided, however, that when an ordinance includes or consists of the repeal of an entire section or chapter, it shall not be necessary to print such repealed section or chapter.

All ordinances may be proved by a certificate of the clerk under the seal of the city and when printed or published individually in book or pamphlet form by authority of the city, shall be read and received in evidence in all courts and places without further proof.

History:

[50-902, added 1967, ch. 429, sec. 153, p. 1249; am. 1972, ch. 18, sec. 1, p. 24.]
Idaho Code § 50-2113 — Idaho Code / Title 50 / Chapter 21 / Section 50-2113
50-2113 BOOKS OF SMALLER CITY(IES) PROPERTY OF NEW CITY.
Status: in_force

50-2113. Books of smaller city(ies) property of new city. All records, papers and documents of the smaller city or cities, in the hands of the clerk of such city or cities, shall be transmitted to the clerk of the newly consolidated city and the treasurer of such smaller city or cities shall on demand turn over all money, books, papers or records in his hands belonging to such smaller city or cities to the treasurer of the new corporation.

History:

[50-2113, added 1967, ch. 429, sec. 430, p. 1249.]
Idaho Code § 50-1033 — Idaho Code / Title 50 / Chapter 10 / Section 50-1033
50-1033 USE OF PROJECTS — REVENUE.
Status: in_force

50-1033. Use of projects — Revenue. Any city issuing bonds under sections 50-1027 through 50-1042, Idaho Code, for the acquisition, construction, reconstruction, improvement, betterment or extension of any works or to rehabilitate existing electrical generating facilities, shall have the right to appropriate, apply or expend the revenue of such works or rehabilitated existing electrical generating facilities for the following purposes: (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; (b) to provide for all expenses of operation, maintenance, replacement and depreciation of such works or rehabilitated existing electrical generating facilities, including reserves therefor; (c) to pay and discharge notes, bonds or other obligations and interest thereon, not issued under this act for the payment of which the revenue of such works or rehabilitated existing electrical generating facilities may have been pledged, charged or encumbered; (d) to pay and discharge notes, bonds or other obligations and interest thereon which do not constitute a lien, charge or encumbrance on the revenue of such works or rehabilitated existing electrical generating facilities, which may have been issued for the purpose of financing the acquisition, construction, reconstruction, improvement, betterment or extension of such works or to rehabilitate existing electrical generating facilities; and (e) provide a reserve for improvements to such works or rehabilitated existing electrical generating facilities. Unless and until full and adequate provision has been made for the foregoing purposes, no city shall have the right to transfer the revenue of such works or rehabilitated existing electrical generating facilities to its general fund.

History:

[50-1033, added 1967, ch. 429, sec. 193, p. 1249; am. 1977, ch. 50, sec. 5, p. 96.]
Idaho Code § 50-1804 — Idaho Code / Title 50 / Chapter 18 / Section 50-1804
50-1804 CITY WATER CERTIFICATE.
Status: in_force

50-1804. City water certificate. In lieu of such stock so assigned to such city, it shall issue to such assignors a city water certificate, showing such assignor to be entitled to all the water to which he was originally entitled under the certificates shall be signed by the mayor and clerk of the city, with the corporate seal thereof affixed, guaranteeing to the owner or holder thereof his full property rights concerning the use and benefit to be derived from the water he originally enjoyed under such assigned certificate. Such city water certificate issued in accordance herewith and city ordinances passed in pursuance hereof, shall be prima facie evidence in all courts of law and equity, of the right of the owner and holder thereof to the ownership, use and benefit of the water guaranteed thereby, subject only to the power of the city in which the same is used to convey, control, distribute and apportion the same in accordance with the provisions of this chapter.

History:

[50-1804, added 1967, ch. 429, sec. 359, p. 1249.]
Idaho Code § 50-2622 — Idaho Code / Title 50 / Chapter 26 / Section 50-2622
50-2622 EXISTING LAWS NOT AFFECTED — CHAPTER SUPPLEMENTAL — PURPOSES MAY BE ACCOMPLISHED IN CONJUNCTION WITH OTHER METHODS.
Status: in_force

50-2622. Existing laws not affected — Chapter supplemental — Purposes may be accomplished in conjunction with other methods. This chapter providing for business improvement districts shall not be deemed or construed to affect any existing act, or any part thereof, relating to special assessments or other powers of counties, and cities, but shall be supplemental thereto and concurrent therewith.

The purposes and functions of business improvement districts as set forth by the provisions of this chapter may be accomplished in part by the establishment of a district pursuant to this chapter and in part by any other method otherwise provided by law, including provisions for local improvements.

History:

[50-2622, added 1980, ch. 192, sec. 1, p. 428.]
Idaho Code § 50-1805A — Idaho Code / Title 50 / Chapter 18 / Section 50-1805A
50-1805A POOLING OF WATER RIGHTS FOR DELIVERY — UNIFORM METHOD OF ALLOCATION OF ASSESSMENTS AND CHARGES — ALLOCATION AND ACCOUNTING FOR BONDED OR CONTRACT INDEBTEDNESS.
Status: in_force

50-1805A. Pooling of water rights for delivery — Uniform method of allocation of assessments and charges — Allocation and accounting for bonded or contract indebtedness. Except where a landowner makes a timely written demand for delivery of water in accordance with the water right or water rights allocated and made appurtenant to his lands, water rights may be pooled for delivery purposes, but such pooling shall not be deemed a change in place of use and shall not require compliance with sections 42-108 or 42-222, Idaho Code. Failure of a landowner to make written demand for delivery of water in accordance with the water rights allocated and made appurtenant to his land, on or before March 1 of the applicable year, shall be deemed consent by that landowner to the pooling of water rights for delivery purposes as provided in this section. When water rights are pooled for delivery, the city shall adopt a uniform method of allocating the assessments and charges of the irrigation district against all lands for which water rights are thus pooled. The city shall furnish the district a certified list or map showing all lands for which water rights have been pooled and shall indicate that a uniform method of allocating assessments and charges has been established; and subsequent assessments and charges of the district against those lands shall be levied or made as if all such lands constituted a single parcel, but the assessments and charges of the district shall be allocated by the city proportionately and separately for each actual parcel of such lands, according to the list and apportionment of benefits made by the district for the applicable assessment or charge, and no lien shall attach to any parcel except for assessments or charges properly allocated to that parcel.

History:

[50-1805A, added 1981, ch. 31, sec. 2, p. 50.]
Idaho Code § 50-403 — Idaho Code / Title 50 / Chapter 4 / Section 50-403
50-403 SUPERVISION OF ADMINISTRATION OF ELECTION LAWS BY COUNTY CLERK.
Status: in_force

50-403. Supervision of administration of election laws by county clerk. (1) For each city, the county clerk of the county is the chief elections officer and shall exercise general supervision of the administration of the election laws in the city for the purpose of achieving and maintaining a maximum degree of correctness, impartiality, efficiency and uniformity. The county clerk shall meet with and issue instructions to election judges and clerks prior to the opening of the polls to ensure uniformity in the application, operation and interpretation of the election laws during the election.

(2) Elections in a city located in more than one (1) county shall be conducted jointly by the clerks of the respective counties, as provided in section 34-1401, Idaho Code.

History:

[50-403, added 1978, ch. 329, sec. 2, p. 828; am. 2007, ch. 202, sec. 11, p. 624; am. 2009, ch. 341, sec. 103, p. 1050; am. 2021, ch. 325, sec. 13, p. 1000.]
Idaho Code § 50-2910 — Idaho Code / Title 50 / Chapter 29 / Section 50-2910
50-2910 BONDS NOT GENERAL OBLIGATION OF AGENCY OR MUNICIPALITY.
Status: in_force

50-2910. Bonds not general obligation of agency or municipality. Except to the extent of moneys deposited in a special fund or funds under this act and pledged to the payment of the principal of and interest on bonds or other obligations, the agency shall not be liable on any such bonds or other obligations. The bonds issued and other obligations incurred by any agency under this chapter shall not constitute a general obligation or debt of any municipality, the state or any of its political subdivisions. In no event shall such bonds or other obligations give rise to general obligation or liability of the agency, the municipality, the state, or any of its political subdivisions, or give rise to a charge against their general credit or taxing powers, or be payable out of any funds or properties other than the special fund or funds of the agency pledged therefor; and such bonds and other obligations shall so state on their face. Such bonds and other obligations shall not constitute an indebtedness or the pledging of faith and credit within the meaning of any constitutional or statutory debt limitation or restriction.

History:

[50-2910, added 1988, ch. 210, sec. 10, p. 400.]
Idaho Code § 50-1305 — Idaho Code / Title 50 / Chapter 13 / Section 50-1305
50-1305 VERIFICATION.
Status: in_force

50-1305. Verification. The county shall choose and require an Idaho professional land surveyor to check the plat and computations thereon to determine that the requirements herein are met, and said professional land surveyor shall certify such compliance on the plat. Such certification shall not relieve the professional land surveyor who prepared the plat from responsibility for the plat. For performing such service the county shall collect from the subdivider a fee as provided by local ordinance reasonably related to the cost of providing such service.

History:

[50-1305, added 1967, ch. 429, sec. 223, p. 1249; am. 1979, ch. 88, sec. 1, p. 214; am. 1989, ch. 102, sec. 1, p. 235; am. 1997, ch. 190, sec. 5, p. 521.]
Idaho Code § 50-1809 — Idaho Code / Title 50 / Chapter 18 / Section 50-1809
50-1809 CONTROL OF DITCHES.
Status: in_force

50-1809. Control of ditches. To fully carry into effect the purposes of sections 50-1801 through 50-1835 every city shall have power to construct, enlarge, diminish, alter or change all irrigation ditches, aqueducts, pipelines, flumes, canals or laterals within its corporate limits that may be necessary to convey, control, distribute, apportion and regulate such irrigation water to the inhabitants thereof in accordance herewith.

History:

[50-1809, added 1967, ch. 429, sec. 364, p. 1249.]
Idaho Code § 50-1524 — Idaho Code / Title 50 / Chapter 15 / Section 50-1524
50-1524 AUTHORITY TO CREATE POLICEMAN'S RETIREMENT FUND TERMINATED.
Status: in_force

50-1524. Authority to create policeman's retirement fund terminated. From and after the effective date of this act, no city shall establish a policeman's retirement fund: provided, however, that any policeman's retirement fund, established under the provisions of sections 50-1501 through 50-1524 and which is now in effect, shall not be invalidated. Provided, further, except as in this section hereinafter otherwise provided, that no person, who shall be hereafter employed as a paid policeman in a city which has a policeman's retirement fund at the effective date of this act, shall participate in the policeman's retirement fund. Any person hereafter employed by a police department shall be eligible to participate in the public employee's retirement system except as in this section hereinafter otherwise provided. Any city having an existing policeman's retirement fund may require, by ordinance, that all of its paid policemen shall participate in its policeman's retirement fund. No paid policeman employed in a city which has elected by ordinance to require all its paid policemen to participate in its policeman's retirement fund shall be eligible to participate in the public employee's retirement system.

History:

[50-1524, added 1967, ch. 429, sec. 276, p. 1249; am. 1969, ch. 307, sec. 1, p. 944; am. 1970, ch. 24, sec. 1, p. 51.]
Idaho Code § 50-1915 — Idaho Code / Title 50 / Chapter 19 / Section 50-1915
50-1915 PLANNING, ZONING AND BUILDING LAWS.
Status: in_force

50-1915. Planning, zoning and building laws. All housing projects of an authority shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality of any housing project and an authority shall take into consideration the relationship of the project to any larger plan or long-range program for the development of the area in which the housing authority functions.

History:

[50-1915, added 1967, ch. 429, sec. 405, p. 1249.]
Idaho Code § 50-1739 — Idaho Code / Title 50 / Chapter 17 / Section 50-1739
50-1739 DELINQUENT CERTIFICATES.
Status: in_force

50-1739. Delinquent certificates. As soon as any assessment or instalment thereof, of any local improvement district shall become delinquent, the treasurer shall, if such assessment be collected in one (1) payment, mark the same delinquent on the assessment roll, or if for an instalment of an assessment, on the "Local Improvement Instalment Docket," and shall add to the amount shown on said assessment roll, or instalment docket, a penalty of two per cent (2%) thereon. Within ten (10) days thereafter the treasurer shall prepare and issue to the municipality, in which such local improvement district is located, a delinquency certificate to the property included in each such delinquent assessment or instalment, which certificate shall have the force and effect of a sale of said property to the municipality for the amount thereof, said certificate shall bear date as of the time such assessment or instalment became delinquent and shall be for the amount thereof plus the penalty charged thereon. Such certificate shall contain, besides the description of the property to be sold, the name of the person assessed, if known, or if unknown, that fact, the amount of the assessment of instalment, plus penalty thereon; the number of the assessment and the name of the improvement district in which assessed; the date when such certificate will go to deed and shall bear interest from date thereof at the rate of ten per cent (10%) per annum. Such certificates shall be made in duplicate, bound together in books in numerical order and filed in the office of the treasurer; provided, that after one (1) such certificate has been issued no further delinquency certificate shall be issued for subsequent instalments of the same assessment, except as hereinafter provided, and whenever any subsequent instalment shall thereafter become delinquent the treasurer shall so mark the same in the instalment docket and add the penalty thereto, as hereinbefore provided, and the same shall draw interest at the rate of ten per cent (10%) per annum from date of delinquency until the end of the month in which it is paid.

History:

[50-1739, added 1967, ch. 429, sec. 325, p. 1249.]
Idaho Code § 50-1006 — Idaho Code / Title 50 / Chapter 10 / Section 50-1006
50-1006 EXPENDITURES NOT TO EXCEED APPROPRIATION — EXCEPTIONS.
Status: in_force

50-1006. Expenditures not to exceed appropriation — Exceptions. The mayor and council shall have no power to appropriate, issue or draw on the treasurer for money unless the same has been appropriated or ordered by ordinance, or the claim for the payment of which such order or warrant is issued has been allowed according to the provisions of sections 50-1001 through 50-1042, Idaho Code, and appropriations for the class or object out of which such claim is payable has been made as provided in sections 50-1001 through 50-1042, Idaho Code. Neither the city council nor any department or officer of the corporation shall add to the corporation expenditures in any year anything over and above the amount provided in the annual appropriation bill for the year, except as herein otherwise specially provided; and no expenditures for any improvement to be paid shall exceed in any year the amount allocated for such improvement in the annual appropriation bill, provided, however, that nothing herein contained shall prevent one-half (1/2) plus one (1) of the members of the full council from declaring an emergency, the necessity for which was caused by casualty, accident, or act of nature after such annual appropriation is made. In the event of a declared emergency caused by casualty, accident, or act of nature, the city council may order the mayor and finance committee to borrow a sufficient sum to provide for the expense incurred in abating the emergency or the making of any repairs or restoration of improvements, for a space of time not exceeding the close of the next fiscal year, which sum and interest shall be added to the amount authorized to be raised in the next general tax levy and embraced therein.

Should any judgment be obtained against the corporation, the mayor and finance committee, under the sanction of the city council, may borrow for a space of time not exceeding the close of the next fiscal year, a sufficient amount to pay the same, which sum and interest shall in like manner be added to the amount authorized to be raised in the general tax levy of the next year and embraced therein.

History:

[50-1006, added 1967, ch. 429, sec. 166, p. 1249; am. 1980, ch. 136, sec. 6, p. 300; am. 1987, ch. 171, sec. 1, p. 337; am. 1996, ch. 322, sec. 50, p. 1079.]
Idaho Code § 50-1331 — Idaho Code / Title 50 / Chapter 13 / Section 50-1331
50-1331 SETTING OF INTERIOR MONUMENTS FOR A SUBDIVISION.
Status: in_force

50-1331. Setting of interior monuments for a subdivision. Interior monuments for a subdivision need not be set prior to the recording of the plat of the subdivision if the land surveyor performing the survey work certifies that the interior monuments will be set on or before a specified date as provided in subsection (1) of section 50-1333, Idaho Code, and if the person subdividing the land furnishes to the governing body of the county or city which approved the subdivision, a bond or cash deposit guaranteeing the payment of the cost of setting the interior monuments for the subdivision, as provided in section 50-1332, Idaho Code.

History:

[50-1331, added 1987, ch. 227, sec. 1, p. 482.]
Idaho Code § 50-1721 — Idaho Code / Title 50 / Chapter 17 / Section 50-1721
50-1721 LIEN OF ASSESSMENT — FORECLOSURE.
Status: in_force

50-1721. Lien of assessment — Foreclosure. (1) Assessments levied to pay the cost and expense of any improvement authorized by the provisions of this code, or any law of this state, shall constitute a lien upon and against the property upon which such assessment or assessments are made and levied from and after the date upon which the ordinance levying such assessment or assessments is passed, which lien shall be superior to the lien of any mortgage or other encumbrance, whether prior in time or not, and shall constitute such lien until paid, and until paid, such lien shall not, except as otherwise provided in this section, be subject to extinguishment, including but not limited to extinguishment by reason of the sale of the property assessed on account of the nonpayment of general taxes or the conveyance of such property by any means to the United States of America, or any agency thereof, the state of Idaho, or any county, city, school district, community college district, or other public body, agency or taxing unit in said state. When bonds have not been issued and said assessments made payable in installments as herein provided, such assessments shall be collected, or the property therein shall be foreclosed and sold for such assessments and costs, in a suit for that purpose by the municipality. Delinquent assessments certified to the tax collector for collection as provided in section 50-1715, Idaho Code, shall be governed by the provisions of chapter 10, title 63, Idaho Code. All provisions of chapter 10, title 63, Idaho Code, specifically including those governing collection, satisfaction, and extinguishment of delinquent amounts, shall apply to certified delinquent assessments in the same manner and to the same effect as delinquent property taxes.

(2) Such suit shall be in the name of the municipality as plaintiff and against any one (1) or more owners of property failing to pay such assessment or assessments as defendants. In any such proceedings where the court trying the same shall be satisfied that the improvements have been made or have been contracted for, which according to the true intent of this code would be properly chargeable to such property, a recovery shall be permitted and the lien enforced to the extent of the cost and expenses of the improvement which would be chargeable on such property notwithstanding any informality, irregularity or defect in any of the proceedings of such municipality or any of its officers, and such property shall be ordered sold for the payment of the assessment or assessments against it and the costs and expenses of such suit, including reasonable attorney's fees, to be fixed by the court and prorated to each separate piece of property.

History:

[50-1721, added 1976, ch. 160, sec. 2, p. 583.; am. 2020, ch. 273, sec. 3, p. 807.]
Idaho Code § 50-802 — Idaho Code / Title 50 / Chapter 8 / Section 50-802
50-802 INSTITUTING ELECTION, PETITION — RESOLUTION.
Status: in_force

50-802. Instituting election, petition — Resolution. Procedure for instituting a special election on adoption of the council-manager plans shall be by petition of electors as provided for initiative in section 34-1801B, Idaho Code, or by resolution passed by one-half (1/2) plus one (1) of the members of the full council.

History:

[50-802, added 1967, ch. 429, sec. 141, p. 1249; am. 1984, ch. 156, sec. 2, p. 381; am. 2015, ch. 285, sec. 4, p. 1158.]
Idaho Code § 50-1010 — Idaho Code / Title 50 / Chapter 10 / Section 50-1010
50-1010 AUDIT OF CITY FINANCES — AUDIT TO BE FILED.
Status: in_force

50-1010. Audit of city finances — Audit to be filed. It shall be the duty of the council in every city to cause to be made a full and complete audit of the financial statements of such city as required in section 67-450B, Idaho Code.

The council shall be required to include all necessary expenses for carrying out the provisions of this section in its annual budget.

History:

[50-1010, added 1967, ch. 429, sec. 170, p. 1249; am. 1977, ch. 71, sec. 5, p. 139; am. 1982, ch. 42, sec. 1, p. 68; am. 1987, ch. 13, sec. 1, p. 18; am. 1993, ch. 327, sec. 23, p. 1217; am. 1993, ch. 387, sec. 15, p. 1434.]
Idaho Code § 50-1605 — Idaho Code / Title 50 / Chapter 16 / Section 50-1605
50-1605 APPOINTMENT TO POSITIONS — CERTIFICATE OF ELIGIBLES — REEXAMINATION.
Status: in_force

50-1605. Appointment to positions — Certificate of eligibles — Reexamination. When a position in the classified civil service is to be filled, the appointing authority shall notify the civil service commissioner and the commission shall, as soon as possible, certify the names of three (3) or so many as there be if less than three (3) on the eligible list, to the appointing officer, provided, the said commission shall always certify the persons having the highest standing in the eligible list for the position to be filled, and each position shall be filled by one (1) of the persons certified by the said commission. All appointments shall be probationary for such periods as may be prescribed by the civil service commission. All persons not appointed shall be restored to their relative positions on the eligible list.

All persons, having been on the eligible list for two (2) years without appointment, shall be removed therefrom and can only be returned thereto upon regular examination.

History:

[50-1605, added 1967, ch. 429, sec. 281, p. 1249.]
Idaho Code § 50-228 — Idaho Code / Title 50 / Chapter 2 / Section 50-228
50-228 SEPARATION OF AGRICULTURAL LANDS — REPLY TO PROTESTS — VERIFICATION.
Status: in_force

50-228. Separation of agricultural lands — Reply to protests — Verification. The petitioner or petitioners may, after any such petitions or objections are filed with the clerk at any time before the hour of the hearing on said petition, in their discretion, file with the judge or clerk replies in writing to said protests or objections. Neither said petition nor objections, protests nor reply need be verified.

History:

[50-228, added 1967, ch. 429, sec. 99, p. 1249.]
Idaho Code § 50-1519 — Idaho Code / Title 50 / Chapter 15 / Section 50-1519
50-1519 ROTARY EXPENSE FUND.
Status: in_force

50-1519. Rotary expense fund. The provisions of sections 67-2018, 67-2019, 67-2020 and 67-2021, Idaho Code, are hereby expressly declared applicable to the provisions of sections 50-1501 through 50-1524.

History:

[50-1519, added 1967, ch. 429, sec. 271, p. 1249.]
Idaho Code § 50-2112 — Idaho Code / Title 50 / Chapter 21 / Section 50-2112
50-2112 EFFECT OF ORDINANCES OF CONSOLIDATED CITIES.
Status: in_force

50-2112. Effect of ordinances of consolidated cities. All ordinances of any city or cities consolidated under the provisions of sections 50-2101 through 50-2114, except those of the one having the greater or greatest population and those not in conflict therewith, shall be deemed repealed and of no further force and effect; provided, however, that such repeal shall not operate to discharge any person from any liability, civil or criminal, then existing, nor to affect any prosecution then pending for any violation of any such ordinances; and all cases then pending in any justices' court, police court or court of record, except of the one having the greater or greatest population, shall upon such consolidation being effected be deemed ipso facto to be transferred to justices' court, police court, or court of record, of the greater or greatest population having jurisdiction of proceedings or of other actions, civil or criminal, of the character so transferred; provided, further, that such repeal shall not apply to ordinances under which vested rights have accrued, or to ordinances relating to proceedings for street or other public improvements or to proceedings for opening, extending, widening or straightening streets or other public places or to proceedings for changing the grade thereof, all of which proceedings shall be continued and conducted by and under the authority of the newly consolidated corporation, with the same force and effect as if continued and conducted by and under the authority of the corporation by which they were commenced. Except as hereinbefore provided, all ordinances of the corporation having the greater or greatest population shall, upon the completion of such consolidation, ipso facto have full force and effect in and throughout the newly consolidated corporation.

History:

[50-2112, added 1967, ch. 429, sec. 429, p. 1249.]
Idaho Code § 50-1723 — Idaho Code / Title 50 / Chapter 17 / Section 50-1723
50-1723 LIABILITY OF MUNICIPALITY.
Status: in_force

50-1723. Liability of municipality. The holder of any bond, issued under the authority of this code, shall have no claim therefor against the municipality by which the same is issued, except to the extent of the funds created and received by assessments against the property within any local improvement district as herein provided and to the extent of the local improvement guarantee fund which may be established by any such municipality under the provisions of this code, but the municipality shall be held responsible for the lawful levy of all special taxes or assessments herein provided and for the faithful accounting of settlements and payments of the special taxes and assessments levied for the payment of the bonds as herein provided. The owners and holders of such bonds shall be entitled to complete enforcement of all assessments made for the payment of such bonds. A copy of this section shall be plainly written, printed or engraved on the face of each bond so issued.

History:

[50-1723, added 1976, ch. 160, sec. 2, p. 585.]
Idaho Code § 50-1317 — Idaho Code / Title 50 / Chapter 13 / Section 50-1317
50-1317 VACATION PROCEDURE IN UNINCORPORATED AREAS AND IN CITIES NOT EXERCISING THEIR CORPORATE FUNCTIONS — FILING OF PETITION — NOTICE OF HEARING.
Status: in_force

50-1317. Vacation procedure in unincorporated areas and in cities not exercising their corporate functions — Filing of petition — Notice of hearing. Whenever any person, persons, firm, association or corporation interested in any city which if incorporated is not exercising its corporate functions may desire to vacate any lot, tract, private road, common, plot or any part thereof in any such city, it shall be lawful to petition the board of county commissioners of the county where such property is located, setting forth the particular circumstances of the case, and giving a distinct description of the property to be vacated and the names of the persons to be particularly affected thereby; which petition shall be filed with the appropriate county or highway district clerk and notice of the pendency of said petition shall be given for a period of thirty (30) days by written notice thereof, containing a description of the property to be vacated, posted in three (3) public or conspicuous places in said city, and also within the limits of said platted acreage, or in the event such property is located within a county in which there is published a newspaper, as defined by law, such notice shall also be published in such newspaper, once a week for two (2) successive weeks. Provided however, when a public street or public right-of-way is located within the boundary of a highway district or is under the jurisdiction of a county, the respective commissioners of the highway district or board of county commissioners shall assume the authority to vacate said public street or public right-of-way pursuant to section 40-203, Idaho Code. Land exclusive of public right-of-way that has been subdivided and platted in accordance with this chapter need not be vacated in order to be replatted.

History:

[50-1317, added 1967, ch. 429, sec. 235, p. 1249; am. 1992, ch. 262, sec. 6, p. 781; am. 1997, ch. 190, sec. 10, p. 524; am. 1998, ch. 220, sec. 4, p. 756; am. 2014, ch. 137, sec. 3, p. 375.]
Idaho Code § 50-335 — Idaho Code / Title 50 / Chapter 3 / Section 50-335
50-335 DESTRUCTION OF BUILDINGS INIMICAL TO SAFETY AND HEALTH.
Status: in_force

50-335. Destruction of buildings inimical to safety and health. All cities in the state of Idaho shall have power to declare any building or structure to be a nuisance which, in the opinion of the city council, is so dilapidated or is in such condition as to menace the public health or the safety of persons or property on account of increased fire hazard or otherwise; and any council may cause the destruction or removal of any such building or structure at the expense of the person or persons, associations, corporations or copartnerships holding, owning or maintaining the same, and to levy a special assessment as provided in section 50-1008, on the land or premises whereon the nuisance is situated, to defray the cost or to reimburse the city for the cost of destruction or removal of said building or structure so declared to be a nuisance.

History:

[50-335, added 1967, ch. 429, sec. 61, p. 1249.]
Idaho Code § 50-1525 — Idaho Code / Title 50 / Chapter 15 / Section 50-1525
50-1525 MANDATORY ACTUARIAL STUDY.
Status: in_force

50-1525. Mandatory actuarial study. Any city establishing and maintaining a policeman's retirement fund pursuant to the provisions of this chapter shall, at its own expense, conduct an actuarial study for the purpose of determining the actuarial soundness of such fund. Commencing January 1, 1991, actuarial studies required hereunder shall be conducted within four (4) years of the last actuarial study and each four (4) years thereafter. Copies of such studies shall be submitted to the secretary of state for the state of Idaho and to the secretary of the local police retirement fund board.

History:

[50-1525, as added by 1971, ch. 26, sec. 7, p. 68; am. 1990, ch. 128, sec. 1, p. 298.]
Idaho Code § 50-103 — Idaho Code / Title 50 / Chapter 1 / Section 50-103
50-103 CENSUS.
Status: in_force

50-103. Census. Within 30 days following the proclamation of incorporation, the city council shall request that an official enumeration of the inhabitants of the newly incorporated city be taken by the bureau of census, U.S. department of commerce, for the purpose of ascertaining the population of said city, the results of which shall be certified to the offices of the county clerk and the secretary of state, and which shall then become the official census and be used for the purpose of apportioning any and all state collected moneys to said city until the next regular or subsequent census be taken.

History:

[50-103, added 1967, ch. 429, sec. 3, p. 1249.]
Idaho Code § 50-1925 — Idaho Code / Title 50 / Chapter 19 / Section 50-1925
50-1925 ADDITIONAL REMEDIES CONFERRABLE BY AUTHORITY.
Status: in_force

50-1925. Additional remedies conferrable by authority. A housing authority shall have power, by its resolution, trust indenture, lease or contract, to confer upon any obligee holding or representing a specified amount in bonds or holding a lease the right, in addition to all rights that may otherwise be conferred, upon the happening of an event of default as defined in such resolution or instrument by suit, action or proceeding in any court of competent jurisdiction:

(a) To cause possession of any housing project or any part thereof to be surrendered to any such obligee, which possession may be retained by such bondholder or trustee so long as said authority shall continue in default;

(b) To obtain the appointment of a receiver of any housing project of said authority or any part thereof and of the rents and profits therefrom. If such receiver be appointed, he may enter and take possession of such housing project or any part thereof and, so long as said authority shall continue to be in default operate and maintain the same and collect and receive all fees, rents, revenues or other charges thereafter arising therefrom, and shall keep such moneys in a separate account or accounts and apply the same in accordance with the obligations of said authority as the court shall direct.

(c) To require said authority and the commissioners thereof to account as if it and they were the trustees of an express trust.

History:

[50-1925, added 1967, ch. 429, sec. 415, p. 1249.]