Idaho Code § 50-907 — Idaho Code / Title 50 / Chapter 9 / Section 50-907
50-907 CLASSIFICATION AND RETENTION OF MUNICIPAL RECORDS.
Status: in_force

50-907. Classification and retention of municipal records. (1) "Permanent records" shall consist of:

(a) Adopted meeting minutes of the city council and city boards and commissions;

(b) Ordinances and resolutions;

(c) Building plans and specifications for commercial projects and government buildings;

(d) Fiscal year-end financial reports;

(e) Records affecting the title to real property or liens thereon;

(f) Cemetery records of lot ownership, headstone inscriptions, interment, exhumation and removal records, and cemetery maps, plot plans and surveys;

(g) Poll books, excluding optional duplicate poll books used to record that the elector has voted, tally books, sample ballots, campaign finance reports, declarations of candidacy, declarations of intent, and notices of election; and

(h) Other documents or records as may be deemed of permanent nature by the city council.

Permanent records shall be retained by the city in perpetuity, or may be transferred to the Idaho state historical society's permanent records repository upon resolution of the city council.

(2) "Semipermanent records" shall consist of:

(a) Claims, canceled checks, warrants, duplicate warrants, purchase orders, vouchers, duplicate receipts, utility and other financial records;

(b) Contracts;

(c) Building applications for commercial projects and government buildings;

(d) License applications;

(e) Departmental reports;

(f) Bonds and coupons; and

(g) Other documents or records as may be deemed of semipermanent nature by the city council.

Semipermanent records shall be kept for not less than five (5) years after the date of issuance or completion of the matter contained within the record.

(3) "Temporary records" shall consist of:

(a) Building applications, plans, and specifications for noncommercial and nongovernment projects after the structure or project receives final inspection and approval;

(b) Cash receipts subject to audit;

(c) Election ballots and duplicate poll books; and

(d) Other documents or records as may be deemed of temporary nature by the city council.

Temporary records shall be retained for not less than two (2) years, but in no event shall financial records be destroyed until completion of the city's financial audit as provided in section 67-450B, Idaho Code.

(4) "Historical records" shall consist of records which, due to age or cultural significance, are themselves artifacts of historical value. Historical records have enduring value based on the administrative, legal, fiscal, evidential or historical information they contain. Historical records shall be retained by the city in perpetuity or may be transferred to the Idaho state historical society's permanent records repository pursuant to subsections 8. and 9. of section 67-4126, Idaho Code, upon resolution of the city council.

(5) Each city council shall adopt by resolution a records retention schedule, listing the various types of city records and the retention period for each type of record.

(6) The city may reproduce, retain and manage records in a photographic, digital or other nonpaper medium. The medium in which a document is retained shall accurately reproduce the record in paper form during the period for which the document must be retained and shall preclude unauthorized alteration of the document.

(a) If the medium chosen for retention is photographic, all film used must meet the quality standards of the American national standards institute (ANSI).

(b) If the medium chosen for retention is digital, the medium must provide for reproduction on paper at a resolution of at least two hundred (200) dots per inch.

(c) A record retained by the city in any form or medium permitted under this section shall be deemed an original public record for all purposes. A reproduction or copy of such record, certified by the city clerk, shall be deemed to be a transcript or certified copy of the original and shall be admissible before any court or administrative hearing.

(d) Once a semipermanent or temporary record is retained in a nonpaper medium as authorized by this section:

(i) The original paper document shall be considered a duplicate of the record, and may be summarily disposed of or returned to the sender; and

(ii) The provisions of this section related to retention and destruction of semipermanent and temporary records shall apply only to the record retained in the nonpaper medium.

(e) Once a permanent record is retained in a nonpaper medium as authorized by this section:

(i) The original paper document shall be considered a copy of the record and may be destroyed after compliance with the provisions of this subparagraph. Prior to destruction of original paper documents, the city clerk shall provide written notice, either by electronic or physical delivery, including a detailed list of the documents proposed for destruction to the Idaho state historical society. The Idaho state historical society shall have thirty (30) days after receipt of the notice to review the list and respond in writing, either by electronic or physical delivery, to the city clerk identifying any documents that will be requested to be transferred from the city to the historical society for retention in the permanent records repository. Any documents that will not be transferred for retention in the permanent records repository may be destroyed. If the city clerk receives no written response within thirty (30) days after the notice was received by the historical society, then the records proposed for destruction may be destroyed.

(ii) The provisions of this section related to retention of permanent records shall only apply to the record retained in the nonpaper medium.

(f) Even if a historic record is retained in a nonpaper medium as authorized by this section, the original paper record shall also be retained by the city in perpetuity, or it may be transferred to the Idaho state historical society's permanent records repository upon resolution of the city council.

(g) Whenever any record is retained in a nonpaper medium, the city clerk shall maintain, throughout the scheduled retention period for such record, suitable equipment for displaying such record at not less than original size and for making copies of the record.

(h) Whenever any record is retained in a nonpaper medium, it shall be made in duplicate and the custodian thereof shall place one (1) copy in a fire-resistant vault or off-site storage facility, and he shall retain the other copy in his office with suitable equipment for displaying such record at not less than original size and for making copies of the record.

(7) Destruction or transfer of records:

(a) Permanent records shall not be destroyed, except for paper originals of permanent records retained in a nonpaper medium as provided in subsection (6)(e) of this section. Permanent records may be transferred to the Idaho state historical society's permanent records repository upon resolution of the city council.

(b) Semipermanent records may be destroyed only by resolution of the city council and upon the advice of the city attorney, except for paper originals of semipermanent records retained in a nonpaper medium as provided in subsection (6)(d) of this section. Such disposition shall be under the direction and supervision of the city clerk. The resolution ordering destruction shall list in detail records to be destroyed.

(c) Temporary records may be destroyed only by resolution of the city council and upon the advice of the city attorney, except for paper originals of temporary records retained in a nonpaper medium as provided in subsection (6)(d) of this section. Such disposition shall be under the direction and supervision of the city clerk. The resolution ordering destruction shall list in detail records to be destroyed.

(d) Historical records may not be destroyed but may be transferred to the Idaho state historical society's permanent records repository upon resolution of the city council.

History:

[50-907, added 2005, ch. 41, sec. 2, p. 164; am. 2016, ch. 226, sec. 1, p. 621.]
Idaho Code § 50-2519 — Idaho Code / Title 50 / Chapter 25 / Section 50-2519
50-2519 REINSTALLATION OF OVERHEAD FACILITIES NOT PERMITTED.
Status: in_force

50-2519. Reinstallation of overhead facilities not permitted. Once removed pursuant to this chapter, no overhead electric or communication facilities as defined herein, shall be installed within the boundaries of the local improvement district for conversion of overhead electric and communication facilities, except as authorized herein.

History:

[50-2519, as added by 1971, ch. 212, sec. 1, p. 923.]
Idaho Code § 50-2002 — Idaho Code / Title 50 / Chapter 20 / Section 50-2002
50-2002 FINDINGS AND DECLARATIONS OF NECESSITY.
Status: in_force

50-2002. Findings and declarations of necessity. It is hereby found and declared that there exist in municipalities of the state deteriorated and deteriorating areas (as herein defined) which constitute a serious and growing menace, injurious to the public health, safety, morals and welfare of the residents of the state; that the existence of such areas contributes substantially and increasingly to the spread of disease and crime, constitutes an economic and social liability imposing onerous municipal burdens which decrease the tax base and reduce tax revenues, substantially impairs or arrests the sound growth of municipalities, retards the provision of housing accommodations, aggravates traffic problems and substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of these conditions is a matter of state policy and state concern in order that the state and its municipalities shall not continue to be endangered by areas which are focal centers of disease, promote juvenile delinquency, and consume an excessive proportion of its revenue because of the extra services required for police, fire, accident, hospitalization and other forms of public protection, services and facilities.

It is further found and declared that certain of such areas, or portions thereof, may require acquisition, clearance, and disposition subject to use restrictions, as provided in this act, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation; that other areas or portions thereof may, through the means provided in this act, be susceptible of conservation or rehabilitation in such a manner that the conditions and evils hereinbefore enumerated may be eliminated, remedied or prevented; and that salvageable areas can be conserved and rehabilitated through appropriate public action as herein authorized, and the cooperation and voluntary action of the owners and tenants of property in such areas.

It is further found and declared that the powers conferred by this act are for public uses and purposes for which public money may be expended as herein provided and the power of eminent domain and police power exercised; and that the necessity in the public interest for the provisions herein enacted is hereby declared as a matter of legislative determination.

History:

[50-2002, added 1965, ch. 246, sec. 2, p. 600.]
Idaho Code § 50-906 — Idaho Code / Title 50 / Chapter 9 / Section 50-906
50-906 PUBLICATION IN BOOK OR PAMPHLET FORM.
Status: in_force

50-906. Publication in book or pamphlet form. Such ordinances when so revised, codified, compiled and published in book or pamphlet form by authority of the city need not be printed or published in any other manner.

History:

[50-906, added 1967, ch. 429, sec. 157, p. 1249.]
Idaho Code § 50-2714 — Idaho Code / Title 50 / Chapter 27 / Section 50-2714
50-2714 COMMINGLING OF BOND PROCEEDS OR REVENUES WITH MUNICIPAL FUNDS PROHIBITED.
Status: in_force

50-2714. Commingling of bond proceeds or revenues with municipal funds prohibited. No part of the proceeds received from the sale of any revenue bonds under this chapter, of any revenues derived from any industrial development facility required or held under this chapter, or of any interest realized on moneys received under this chapter may be commingled by the public corporation with funds of the municipality creating the public corporation.

History:

[50-2714, added 1982, ch. 119, sec. 1, p. 335.]
Idaho Code § 50-332 — Idaho Code / Title 50 / Chapter 3 / Section 50-332
50-332 CONTROL OF SEWERS AND DRAINS.
Status: in_force

50-332. Control of sewers and drains. Cities are authorized to clear, cleanse, alter, straighten, widen, pipe, wall, fill or close any waterway, drain or sewer or any watercourse in such city when not declared, by law, to be navigable and, as provided in section 50-1008, assess the expense thereof in whole or in part to the property specially benefited thereby.

History:

[50-332, added 1967, ch. 429, sec. 58, p. 1249.]
Idaho Code § 50-1016 — Idaho Code / Title 50 / Chapter 10 / Section 50-1016
50-1016 DEDUCTIONS FROM WAGES.
Status: in_force

50-1016. Deductions from wages. Any city may deduct, upon written approval of the individual employee, sums certain from said employee's salary or wages for the purpose of paying said sums for premiums on group life, health, accident, disability, hospital and surgical insurance, or any other purposes approved by the city council. Any city may pay all or any part of such deductions as approved by the council.

Any city may adopt a city retirement and pension plan for the benefit of its employees and for that purpose may deduct, upon written approval of the individual employee, sums certain from said employee's wages as a contribution to said plan and any city may pay all or any part of such premiums as approved by the council and may make such other contributions as may be required to make such plan actuarially sound. Such plan may be administered by the employer or by a third party organization selected through a competitive selection process. Further, the employer may cooperate with other city or county employers for joint administration of the plan.

History:

[50-1016, added 1967, ch. 429, sec. 176, p. 1249; am. 1976, ch. 47, sec. 1, p. 146; am. 1997, ch. 207, sec. 1, p. 624.]
Idaho Code § 50-221 — Idaho Code / Title 50 / Chapter 2 / Section 50-221
50-221 CITIES SITUATED ON NAVIGABLE LAKES AND STREAMS — EXTENSION OF BOUNDARIES INTO WATERS.
Status: in_force

50-221. Cities situated on navigable lakes and streams — Extension of boundaries into waters. Cities situated on navigable lakes and streams, when the corporate boundaries or limits of such cities extend to the shorelines of such lakes or streams, shall have power by ordinance to fix, determine or extend its corporate boundaries or limits over the waters of such lakes or streams for a distance of one fourth (1/4) of a mile from the low-water mark of such navigable lakes, and for a distance of seventy-five (75) feet from the low-water mark of such navigable streams.

History:

[50-221, added 1967, ch. 429, sec. 14, p. 1249.]
Idaho Code § 50-1008 — Idaho Code / Title 50 / Chapter 10 / Section 50-1008
50-1008 COLLECTION OF SPECIAL ASSESSMENTS — CERTIFICATION TO TAX COLLECTOR.
Status: in_force

50-1008. Collection of special assessments — Certification to tax collector. All special assessments levied in any city to which the provisions of this act are made applicable shall be due and payable to the city treasurer and, if not paid within thirty (30) days after mailing of notification of assessment, shall be declared delinquent and be certified to the tax collector of the county by the city clerk not later than the first day of August and shall be by said tax collector placed upon the tax roll and collected in the same manner and subject to the same penalties as other city taxes. All money received on special assessments shall be held by the city treasurer as a special fund to be applied to the payment of the improvement for which the assessment was made, and said money shall be used for no other purpose whatever unless to reimburse such city for money expended for such improvement.

History:

[50-1008, added 1967 ch. 429, sec. 168, p. 1249; am. 1970, ch. 227, sec. 1, p. 637; am. 1973, ch. 289, sec. 1, p. 612; am. 2021, ch. 26, sec. 1, p. 66.]
Idaho Code § 50-1003 — Idaho Code / Title 50 / Chapter 10 / Section 50-1003
50-1003 ANNUAL APPROPRIATIONS BILL — AMENDING APPROPRIATION ORDINANCE — SPECIAL APPROPRIATION UPON PETITION OR ELECTION.
Status: in_force

50-1003. Annual appropriations bill — Amending appropriation ordinance — Special appropriation upon petition or election. (1) The city council of each city shall, prior to the commencement of each fiscal year, pass an ordinance to be termed the annual appropriation ordinance, which in no event shall be greater than the amount of the proposed budget, in which the corporate authorities may appropriate such sum or sums of money as may be deemed necessary to defray all necessary expenses and liabilities of such corporation, not exceeding in the aggregate the amount of tax authorized to be levied during that year in addition to all other anticipated revenues. Provided, the amount appropriated from property tax revenues shall not exceed the amount of property tax revenue advertised pursuant to section 50-1002, Idaho Code.

(2) Such ordinance shall specify the object and purposes for which such appropriations are made and the amount appropriated for each object or purpose.

(3) The city council of any city may, by the same procedure as used in adopting the original appropriation ordinance at any time during the current fiscal year, amend the appropriation ordinance to a greater amount than that adopted, if after the adoption of the appropriation ordinance additional revenue will accrue to the city during the current fiscal year as a result of increase in state or federal grants or allocations, or as a result of an increase in an enterprise fund or funds to finance the operation and maintenance of governmental facilities and services that are entirely or predominantly self-supporting by user charges, or as a result of an increase in revenues from any source other than ad valorem tax revenues. A city whose property tax certification is made for the current fiscal year may amend its budget and annual appropriation ordinance, pursuant to the notice and hearing requirements of section 50-1002, Idaho Code, prior to certification to the county commissioners.

(4) No further appropriation, except as provided in this section, shall be made at any other time within such fiscal year unless the proposition to make each appropriation has been first sanctioned by a majority of the legal voters of such city, either by petition signed by them equal in number to a majority of the number who voted at the last general city election or approved at a special election duly called therefor, and all appropriations shall end with the fiscal year for which they are made.

History:

[50-1003, added 1967, ch. 429, sec. 163, p. 1249; am. 1974, ch. 166, sec. 1, p. 1422; am. 1976, ch. 45, sec. 3, p. 124; am. 1981, ch. 318, sec. 4, p. 665; am. 1982, ch. 276, sec. 1, p. 708; am. 1987, ch. 172, sec. 1, p. 338; am. 1989, ch. 25, sec. 1, p. 29; am. 2021, ch. 337, sec. 1, p. 1027.]
Idaho Code § 50-2110 — Idaho Code / Title 50 / Chapter 21 / Section 50-2110
50-2110 NO PROPERTY TO BE TAXED FOR PRIOR INDEBTEDNESS.
Status: in_force

50-2110. No property to be taxed for prior indebtedness. No property in any of the cities consolidated under the provisions of sections 50-2101 through 50-2114 shall ever be taxed to pay any portion of any indebtedness of any of the other corporations contracted, or incurred prior to or existing at the time of such consolidation. The governing body of such newly consolidated corporation shall provide for the payment of the indebtedness of each of the consolidated cities therein and shall levy against the property obligated therefor at the time of the completion of such consolidation and collect the necessary taxes therefor and cause them to be paid to the persons entitled thereto.

History:

[50-2110, added 1967, ch. 429, sec. 427, p. 1249.]
Idaho Code § 50-808 — Idaho Code / Title 50 / Chapter 8 / Section 50-808
50-808 POWERS — DUTIES OF THE COUNCIL.
Status: in_force

50-808. Powers — Duties of the council. The council shall have all powers delegated under general law, appoint a chief administrative officer to be known as the city manager, and confirm all appointments of department heads made by the city manager.

History:

[50-808, added 1967, ch. 429, sec. 147, p. 1249.]
Idaho Code § 50-702 — Idaho Code / Title 50 / Chapter 7 / Section 50-702
50-702 QUALIFICATION OF COUNCILMEN — TERMS — INSTALLATION.
Status: in_force

50-702. Qualification of councilmen — Terms — Installation. Any person shall be eligible to hold the office of councilman of his city who is a qualified elector at the time his declaration of candidacy or declaration of intent is submitted to the city clerk, and remains a qualified elector under the constitution and laws of the state of Idaho. Each councilman elected at a general city election, except as otherwise specifically provided, shall hold office for a term of four (4) years, and until his successor is elected and qualified. Councilmen elected at each general city election shall be installed at the first meeting in January following election. The manner of conducting that meeting shall be as herein set forth and not otherwise: the incumbents shall meet and conduct such business as may be necessary to conclude the fiscal matters of the preceding year; the newly elected shall then subscribe to the oath of office, be presented certificates of election, assume the duties of their position, and conduct such business as may be necessary, one (1) item of which shall be the election of a member as president of the council.

History:

[50-702, added 1967, ch. 429, sec. 133, p. 1249; am. 2002, ch. 75, sec. 17, p. 172.]
Idaho Code § 50-605 — Idaho Code / Title 50 / Chapter 6 / Section 50-605
50-605 ACCOUNTS AND REPORTS OF OFFICERS.
Status: in_force

50-605. Accounts and reports of officers. The mayor shall have the power, when he deems it necessary, to require any officer of the city to exhibit his accounts or other papers, and to make written reports pertaining to his office to the council.

History:

[50-605, added 1967, ch. 429, sec. 125, p. 1249.]
Idaho Code § 50-1706A — Idaho Code / Title 50 / Chapter 17 / Section 50-1706A
50-1706A FEES.
Status: in_force

50-1706A. Fees. In the case of any local improvement district initiated by petition, the petitioners may authorize the council to charge the petitioners a reasonable fee for the council to retain outside advisors to assist the council in assessing the proposed local improvement district. The council may not charge the petitioners any fee for review of a proposed local improvement district unless the petitioners authorize the fee.

History:

[50-1706A, added 1999, ch. 291, sec. 5, p. 727.]
Idaho Code § 50-612 — Idaho Code / Title 50 / Chapter 6 / Section 50-612
50-612 MAJORITY REQUIRED FOR ELECTION — RUNOFF ELECTION.
Status: in_force

50-612. Majority required for election — Runoff election. A city may, by ordinance, provide that a majority of the votes for any candidate running for the office of mayor shall be required for election to that office. In the event no candidate receives a majority of the votes cast, there shall be a runoff election between the two (2) candidates receiving the highest number of votes cast. Such runoff election shall be conducted by the county clerk as in the general election in a manner consistent with chapter 14, title 34, Idaho Code, and at such time, within thirty (30) days of the general election, as prescribed by the city and shall be exempt from the limitation upon elections provided in sections 34-106 and 50-405, Idaho Code. The ballot shall be prepared by the county clerk not less than twenty-two (22) days preceding the runoff election. The designation of polling places shall be made by the county commissioners not less than twenty (20) days preceding any runoff election and sample ballots shall be printed not less than eighteen (18) days preceding the runoff election.

History:

[50-612, added 1985, ch. 209, sec. 1, p. 519; am. 1992, ch. 176, sec. 5, p. 558; am. 2002, ch. 75, sec. 16, p. 172; am. 2006, ch. 105, sec. 12, p. 292; am. 2009, ch. 341, sec. 123, p. 1055.]
Idaho Code § 50-1917 — Idaho Code / Title 50 / Chapter 19 / Section 50-1917
50-1917 FORM AND SALE OF BONDS.
Status: in_force

50-1917. Form and sale of bonds. Bonds of an authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at a rate or rates, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, with or without premium as such resolution, its trust indenture, or the bonds so issued, may provide.

The bonds may be sold at public or private sale at not less than par.

In case any of the commissioners or officers of the authority, whose signatures appear on any bonds or coupons, shall cease to be such commissioners or officers before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such commissioners or officers had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this act shall be fully negotiable.

In any suit, action or proceedings, involving the validity or enforceability of any bond of an authority or the security thereof, any such bond, reciting, in substance, that it has been issued by the authority to aid in financing a housing project to provide dwelling accommodations for persons of low income, shall be conclusively deemed to have been issued for a housing project of such character and said project shall be conclusively deemed to have been planned, located and constructed in accordance with purposes and provisions of this act.

History:

[50-1917, added 1967, ch. 429, sec. 407, p. 1249; am. 1970, ch. 133, sec. 16, p. 309.]
Idaho Code § 50-1505 — Idaho Code / Title 50 / Chapter 15 / Section 50-1505
50-1505 POLICEMAN'S RETIREMENT FUND.
Status: in_force

50-1505. Policeman's retirement fund. There is hereby created a special fund in the treasury of the city to be designated and known as the policeman's retirement fund for the purpose of providing retirement pay and other benefits for paid policemen, as defined herein, becoming aged or disabled while in the public police service of said city and also providing for their dependents. Such fund shall consist of all moneys accruing under the provisions hereof, all appropriations thereto, all contributions to said fund, donations, properties, and securities acquired by investment or otherwise, and interest earned, shall, commencing with the effective date of such fund, become a part thereof.

History:

[50-1505, added 1967, ch. 429, sec. 257, p. 1249.]
Idaho Code § 50-1718 — Idaho Code / Title 50 / Chapter 17 / Section 50-1718
50-1718 APPEAL PROCEDURE — EXCLUSIVE REMEDY.
Status: in_force

50-1718. Appeal procedure — Exclusive remedy. Any person who has filed objections to the assessment roll or any other person who feels aggrieved by the decision of the council in confirming the same shall have the right to appeal to the district court of the county in which the municipality may be situated. Such appeal shall be made within thirty (30) days from the date of publication of the ordinance confirming the assessment roll by filing a written notice of appeal with the clerk of the municipality and with the clerk of the district court aforesaid describing the property and objections of the appellant. The appellant shall also provide a bond to the municipality in a sum to be fixed by the court, but not less than two hundred dollars ($200) with sureties to be approved by the court, conditioned to pay all costs to be awarded to the respondent upon such an appeal. After said thirty (30) day appeal period has run, no one shall have any cause or right of action to contest the legality, formality or regularity of said assessments for any reason whatsoever and, thereafter, said assessments and the liens thereon shall be considered valid and incontestable without limitation.

If an appeal is filed within said period, the case shall be docketed by the clerk of said court in the name of the person taking the appeal against the municipality as "an appeal from assessments." Said cause shall then be at issue and have precedence over all civil cases pending in said court, except proceedings under the act relating to eminent domain by cities and actions of forcible entry and detainer. Such appeal shall be tried in said court as in the case of equitable causes except that no pleadings shall be necessary. The judgment of the court shall be either to confirm, modify or annul the assessment insofar as the same affects the property of the appellant, from which judgment an appeal may be taken to the Supreme Court as provided by law. In case the assessment is confirmed, the fees of the clerk of the municipality for copies of the record shall be taxed against the appellant with other costs.

History:

[50-1718, added 1976, ch. 160, sec. 2, p. 581.]
Idaho Code § 50-602 — Idaho Code / Title 50 / Chapter 6 / Section 50-602
50-602 MAYOR, ADMINISTRATIVE OFFICIAL.
Status: in_force

50-602. Mayor, administrative official. The mayor, except as provided in sections 50-801 through 50-812, shall be the chief administrative official of the city, preside over the meetings of the city council and determine the order of business subject to such rules as the council may prescribe, have a vote only when the council is equally divided, have the superintending control of all the officers and affairs of the city, preserve order, and take care that the ordinances of the city and provisions of this act are complied with and enforced.

History:

[50-602, added 1967, ch. 429, sec. 122, p. 1249.]
Idaho Code § 50-405 — Idaho Code / Title 50 / Chapter 4 / Section 50-405
50-405 GENERAL AND SPECIAL CITY ELECTIONS.
Status: in_force

50-405. General and special city elections. (1) A general election shall be held in each city governed by this title, for officials as in this title provided, on the Tuesday following the first Monday of November in each odd-numbered year. All such officials shall be elected and hold their respective offices for the term specified and until their successors are elected and qualified. All other city elections that may be held under authority of general law shall be known as special city elections.

(2)(a) No city with a population of less than one hundred thousand (100,000) shall hold a city election for an office if, after the deadline for filing a declaration of intent to be a write-in candidate for the office, it appears:

(i) For the office of mayor, only one (1) person has filed a declaration of candidacy or a declaration of intent to be a write-in candidate;

(ii) For the office of city council member in cities that have established designated seats, as provided in section 50-707, Idaho Code, only one (1) person has filed a declaration of candidacy or a declaration of intent to be a write-in candidate for a particular seat up for election for a two (2) year term or a four (4) year term; or

(iii) For the office of city council member in cities that do not have designated council seats as provided in section 50-707, Idaho Code, the number of people who have filed a declaration of candidacy or a declaration of intent to be a write-in candidate is equal to or fewer than the number of council positions up for election for a two (2) year term or a four (4) year term.

(b) If the provisions of paragraph (a) of this subsection have been met, the city clerk shall declare such candidate elected. The candidate shall receive a certificate of election and be installed at the first city council meeting in January following the election.

(3) On and after January 1, 2011, notwithstanding any other provisions of law to the contrary, there shall be no more than two (2) elections conducted in any city in any calendar year, except as provided in this section.

(4) The dates on which elections may be conducted are:

(a) The third Tuesday in May of each year; and

(b) The Tuesday following the first Monday in November of each year.

(c) In addition to the elections specified in paragraphs (a) and (b) of this subsection, an emergency election may be called upon motion of the city council of a city. An emergency exists when there is a great public calamity, such as an extraordinary fire, flood, storm, epidemic or other disaster, or if it is necessary to do emergency work to prepare for a national or local defense, or if it is necessary to do emergency work to safeguard life, health or property.

(5) Pursuant to section 34-1401, Idaho Code, all city elections shall be conducted by the county clerk of the county wherein the city lies, and elections shall be administered in accordance with the provisions of title 34, Idaho Code, except as those provisions are specifically modified by the provisions of this chapter. After an election has been ordered, all expenses associated with conducting city general and special elections shall be paid from the county election fund as provided by section 34-1411, Idaho Code. Expenses associated with conducting runoff elections shall be paid by the city adopting runoff elections pursuant to the provisions of section 50-612 or 50-707B, Idaho Code, or both.

(6) The secretary of state is authorized to provide such assistance as necessary and to prescribe any needed rules or interpretations for the conduct of elections authorized under the provisions of this section.

History:

[(50-405) 50-429, added 1978, ch. 329, sec. 2, p. 835; am. 1993, ch. 379, sec. 2, p. 1393; am. and redesig. 2009, ch. 341, sec. 107, p. 1051; am. 2020, ch. 76, sec. 1, p. 164; am. 2024, ch. 300, sec. 1, p. 1009.]
Idaho Code § 50-2015 — Idaho Code / Title 50 / Chapter 20 / Section 50-2015
50-2015 COOPERATION BY PUBLIC BODIES.
Status: in_force

50-2015. Cooperation by public bodies. (a) For the purpose of aiding in the planning, undertaking or carrying out of an urban renewal project and related activities authorized by this act, any public body may, upon such terms, with or without consideration, as it may determine: (1) dedicate, sell, convey or lease any of its interest in any property or grant easements, licenses or other rights or privileges therein to an urban renewal agency; (2) incur the entire expense of any public improvements made by such public body in exercising the powers granted in this section; (3) do any and all things necessary to aid or cooperate in the planning or carrying out of an urban renewal plan and related activities; (4) grant or contribute funds to an urban renewal agency and borrow money and apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the federal government, the state, county or other public body, or from any other source; (5) enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with the federal government, an urban renewal agency or other public body respecting action to be taken pursuant to any of the powers granted by this act, including the furnishing of funds or other assistance in connection with an urban renewal project and related activities; and (6) cause public buildings and public facilities, including parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities, or any other works which it is otherwise empowered to undertake to be furnished; furnish, dedicate, close, vacate, pave, install, grade, regrade, plan, or replan streets, roads, sidewalks, ways or other places; plan or replan, zone or rezone any part of the public body or make exceptions from building regulations; and cause administrative and other services to be furnished to the urban renewal agency. If at any time title to or possession of any urban renewal project is held by any public body or governmental agency, other than the urban renewal agency, which is authorized by law to engage in the undertaking, carrying out, or administration of urban renewal projects and related activities (including any agency or instrumentality of the United States of America), the provisions of the agreements referred to in this section shall inure to the benefit of and may be enforced by such public body or governmental agency.

(b) Any sale, conveyance, lease or agreement provided for in this section may be made by a public body without appraisal, public notice, advertisement or public bidding.

(c) For the purpose of aiding in the planning, undertaking or carrying out of any urban renewal project and related activities of an urban renewal agency, a municipality may (in addition to its other powers and upon such terms, with or without consideration, as it may determine) do and perform any or all of the actions or things which, by the provisions of subsection (a) of this section, a public body is authorized to do or perform, including the furnishing of financial and other assistance: Provided, that nothing contained in this section shall be construed as authorizing a municipality to give credit or make loans to an urban renewal agency.

(d) For the purposes of this section, a municipality may (in addition to its other powers):

(1) appropriate such funds and make such expenditures as may be necessary to carry out the purposes of this act, and levy taxes and assessments for curbs and gutters, streets and sidewalks; zone or rezone any part of the municipality or make exceptions from building regulations; and enter into agreements with an urban renewal agency (which agreements may extend over any period, notwithstanding any provisions or rule of law to the contrary), respecting action to be taken by such municipality pursuant to any of the powers granted by this act:

(2) close, vacate, plan or replan streets, roads, sidewalks, ways or other places; and plan or replan any part of the municipality;

(3) within its area of operation, organize, coordinate and direct the administration of the provisions of this act as they apply to such municipality in order that the objective of remedying slum and blighted areas and preventing the causes thereof within such municipality may be most effectively promoted and achieved, and establish such new office or offices of the municipality or to reorganize existing offices in order to carry out such purpose most effectively; and

(4) assume the responsibility to bear any loss that may arise as the result of the exercise of authority by the urban renewal agency under subsection (d) of section 50-2007, Idaho Code, in the event that the real property is not made a part of the urban renewal project.

(e) For the purposes of this section, or for the purpose of aiding in the planning, undertaking or carrying out of an urban renewal project and related activities of a municipality, such municipality may issue and sell its general obligation bonds. Any bonds issued by a municipality pursuant to this section shall be issued in the manner and within the limitations prescribed by the applicable laws of this state for the issuance and authorization of general obligation bonds by such municipality. Nothing in this section shall limit or otherwise adversely affect any other section of this act.

(f) Purchase and buy or otherwise acquire land in a project area from an agency for redevelopment in accordance with the plan, with or without consideration as the agency may determine. Any public body which purchases, buys or otherwise acquires land in a project area from an agency for development pursuant to this subsection shall become obligated to:

(1) use the property for the purpose designated in the redevelopment plans;

(2) begin the redevelopment of the project area within a period of time which the agency fixes as reasonable; and

(3) comply with other conditions which the agency deems necessary to carry out the purposes of this act.

History:

[50-2015, added 1965, ch. 246, sec. 15, p. 600; am. 1987, ch. 259, sec. 3, p. 540.]
Idaho Code § 50-609 — Idaho Code / Title 50 / Chapter 6 / Section 50-609
50-609 MAYOR MAY REQUIRE AID IN ENFORCING LAW.
Status: in_force

50-609. Mayor may require aid in enforcing law. The mayor is hereby authorized to call on every resident in the city over twenty-one (21) years of age to aid in enforcing the laws.

History:

[50-609, added 1967, ch. 429, sec. 129, p. 1249; am. 2006, ch. 53, sec. 1, p. 164.]
Idaho Code § 50-2523 — Idaho Code / Title 50 / Chapter 25 / Section 50-2523
50-2523 ABATEMENT OF CONSTRUCTION.
Status: in_force

50-2523. Abatement of construction. If an improvement district is established pursuant to this chapter, the public utility corporations involved shall not be required to commence conversion until the ordinance, the assessment roll and issuance of bonds have become final and no civil action has been filed, or if civil action has been filed, until the decision of the court upon the action has become final and is not subject to further appeal.

History:

[50-2523, as added by 1971, ch. 212, sec. 1, p. 923.]
Idaho Code § 50-2701 — Idaho Code / Title 50 / Chapter 27 / Section 50-2701
50-2701 FINDING AND DECLARATION OF NECESSITY.
Status: in_force

50-2701. Finding and declaration of necessity. The legislature hereby finds and declares that this state urgently needs to promote higher employment; encourage the development of new jobs; maintain and supplement the capital investments in industry that currently exist in this state; encourage future employment by ensuring future capital investment; attract environmentally sound industry to the state; protect and enhance the quality of natural resources and the environment; and promote the products and conservation of energy.

History:

[50-2701, added 1982, ch. 119, sec. 1, p. 326.]
Idaho Code § 50-1301 — Idaho Code / Title 50 / Chapter 13 / Section 50-1301
50-1301 DEFINITIONS.
Status: in_force

50-1301. Definitions. The following definitions shall apply to terms used in this section and sections 50-1302 through 50-1334, Idaho Code.

(1) Basis of bearing: The bearing in degrees, minutes and seconds, or equivalent, of a line between two (2) monuments or two (2) monumented corners that serves as the reference bearing for all other lines on the survey; or a description of the bearing system used to include a complete citation of the datum, epoch, and name of the published projection used must be shown on the survey. If a custom projection is used, the datum, epoch, and defining parameters of the projection sufficient to replicate the bearing system shall also be shown on the survey. For surveys where the bearing system is shown in accordance with this subsection, the convergence angle computed at a minimum of one monument on the survey must be shown.

(2) Easement: A right of use, falling short of ownership, and usually for a certain stated purpose;

(3) Functioning street department: A city department responsible for the maintenance, construction, repair, snow removal, sanding and traffic control of a public highway or public street system which qualifies such department to receive funds from the highway distribution account to local units of government pursuant to section 40-709, Idaho Code;

(4) GLO: The general land office and its successor agency, the United States department of the interior, bureau of land management;

(5) Idaho coordinate system: That system of coordinates established and designated by chapter 17, title 55, Idaho Code;

(6) Land survey: Measuring the field location of corners that:

(a) Determine the boundary or boundaries common to two (2) or more ownerships;

(b) Retrace or establish land boundaries;

(c) Retrace or establish boundary lines of public roads, streets, alleys or trails; or

(d) Plat lands and subdivisions thereof.

(7) Monument: A physical structure or object intended to mark, reference, or witness a line, corner, or position;

(8) Owner: The proprietor of the land (having legal title);

(9) Plat: The drawing, map or plan of a subdivision, cemetery, townsite or other tract of land, or a replatting of such, including certifications, descriptions and approvals;

(10) Private road: A road within a subdivision plat that is not dedicated to the public and not a part of a public highway system;

(11) Public highway agency: The state transportation department, any city, county, highway district or other public agency with jurisdiction over public highway systems and public rights-of-way;

(12) Public land survey corner: Any point actually established and monumented in an original survey or resurvey that determines the boundaries of remaining public lands, or public lands patented, represented on an official plat and in the field notes thereof, accepted and approved under authority delegated by congress to the U.S. general land office and the U.S. department of the interior, bureau of land management; however, this definition shall exclude GLO-surveyed townsite lot corners, except those marking exterior angle points or block corners within the townsite;

(13) Public right-of-way: Any land dedicated and open to the public and under the jurisdiction of a public highway agency, where the public highway agency has no obligation to construct or maintain said right-of-way for vehicular traffic;

(14) Public street: A road, thoroughfare, alley, highway or bridge under the jurisdiction of a public highway agency;

(15) Reference point: A special monumented point that does not occupy the same geographical position as the corner itself and where the spatial relationship to the corner is known and recorded and that serves to locate the corner;

(16) Sanitary restriction: The requirement that no building or shelter, which requires a water supply facility or a sewage disposal facility for people using the premises where such building or shelter is located, shall be erected until written approval is first obtained from the director of the department of environmental quality or his delegate approving plans and specifications either for public water and/or sewage facilities or individual parcel water and/or sewage facilities;

(17) Street: A road, thoroughfare, alley, highway or right-of-way that may be open for public use but is not part of a public highway system or under the jurisdiction of a public highway agency;

(18) Subdivision: A tract of land divided into five (5) or more lots, parcels, or sites for the purpose of sale or building development, whether immediate or future; provided that this definition shall not include a bona fide division or partition of agricultural land for agricultural purposes. A bona fide division or partition of agricultural land for agricultural purposes shall mean the division of land into lots, all of which are five (5) acres or larger and maintained as agricultural lands. Cities or counties may adopt their own definition of subdivision in lieu of this definition;

(19) Witness corner: A monumented point on a lot line or boundary line of a survey, near a corner and established in situations where it is impracticable to occupy or monument the corner.

History:

[50-1301, added 1967, ch. 429, sec. 219, p. 1249; am. 1970, ch. 184, sec. 1, p. 533; am. 1971, ch. 329, sec. 1, p. 1294; am. 1988, ch. 175, sec. 1, p. 306; am. 1990, ch. 170, sec. 1, p. 367; am. 1992, ch. 262, sec. 1, p. 778; am. 1994, ch. 364, sec. 4, p. 1141; am. 1997, ch. 190, sec. 1, p. 518; am. 1998, ch. 220, sec. 1, p. 753; am. 1999, ch. 89, sec. 1, p. 290; am. 2010, ch. 256, sec. 1, p. 649; am. 2011, ch. 136, sec. 6, p. 386; am. 2014, ch. 58, sec. 1, p. 139; am. 2017, ch. 86, sec. 1, p. 232; am. 2022, ch. 43, sec. 2, p. 113; am. 2024, ch. 62, sec. 1, p. 307.]
Idaho Code § 50-1924 — Idaho Code / Title 50 / Chapter 19 / Section 50-1924
50-1924 CONSTRUCTION OF POWERS CONFERRED.
Status: in_force

50-1924. Construction of powers conferred. Nothing in this act or any other law shall be construed as authorizing a housing authority to levy or collect taxes or assessments, to create any indebtedness payable out of taxes or assessments, or in any manner to pledge the credit of the city, the county, the state or any subdivision thereof.

History:

[50-1924, added 1967, ch. 429, sec. 414, p. 1249; am. 1993, ch. 215, sec. 6, p. 587.]
Idaho Code § 50-1921 — Idaho Code / Title 50 / Chapter 19 / Section 50-1921
50-1921 FILING OF MINUTES OF MEETINGS AND REPORTS.
Status: in_force

50-1921. Filing of minutes of meetings and reports. (1) An authority shall file a copy of the minutes of all meetings with the city clerk within ten (10) days after their approval by the authority.

(2) At least once a year, an authority shall file a report with the city clerk of its activities for the preceding year, and shall make recommendations with reference to such additional legislation or other action as it deems necessary in order to carry out the purposes of this act.

(3) An authority shall file with the clerk a copy of the authority's financial reports, any claims and causes of action against the authority, the authority's employee policy handbooks and any changes, modifications, or deletions to the handbooks.

History:

[50-1921, added 1967, ch. 429, sec. 411, p. 1249; am. 1998, ch. 367, sec. 10, p. 1155.]
Idaho Code § 50-1023 — Idaho Code / Title 50 / Chapter 10 / Section 50-1023
50-1023 JOINT SERVICES — AGREEMENT ON APPORTIONMENT.
Status: in_force

50-1023. Joint services — Agreement on apportionment. Whenever two (2) or more cities desire jointly to construct water, power or sewage systems, it shall be necessary for the councils to agree among themselves as to the kind and character of construction of the said plant and system, the amount of service to which each city shall be entitled, the approximate cost of such systems and the proportionate part thereof which shall be borne by each city, which proportionate part shall be as nearly just and equitable as possible, and shall be determined in such manner as may be agreeable to all concerned.

History:

[50-1023, added 1967, ch. 429, sec. 183, p. 1249.]
Idaho Code § 50-804 — Idaho Code / Title 50 / Chapter 8 / Section 50-804
50-804 PROPOSITION TO BE VOTED.
Status: in_force

50-804. Proposition to be voted. At such election the proposition to be submitted to the electors shall be: "Shall the City of …. adopt the council-manager plan of government, as set forth in sections 50-801 through 50-812, Idaho Code?"

History:

[50-804, added 1967, ch. 429, sec. 143, p. 1249; am. 1984, ch. 156, sec. 4, p. 382.]
Idaho Code § 50-1516 — Idaho Code / Title 50 / Chapter 15 / Section 50-1516
50-1516 RETIREMENT FOR DISABILITY — DEATH BENEFITS — FUNERAL BENEFITS.
Status: in_force

50-1516. Retirement for disability — Death benefits — Funeral benefits. No person shall be retired as provided in the above sections unless the member shall comply with the qualifications set out and provided by this chapter:

(a) Any paid police member incapacitated by injury or by illness as a result of the performance of the member's official duties as a paid member of a police department shall be retired so long as the disability shall continue in a degree which prevents efficient service and during the disability shall be paid from the retirement fund a disability benefit as follows:

(1) For disability attributable wholly to service as a paid police member, a monthly sum equal to one twenty-fourth (1/24) of the amount of the annual salary attached to the rank which the member held in the police department for a period of one (1) year next preceding the date of retirement; provided, however, that the benefits may be reduced by the board of police retirement fund commissioners commensurate to the extent of the disability and the person's income earning capacity;

(2) For disability attributable only in part to service as a paid police member, a monthly disability benefit in an amount to be fixed by the board of police retirement fund commissioners, but commensurate with the extent of proportion the service-connected disability relates to that person's preexisting injury or infirmity, the board may increase or decrease such monthly benefits whenever the impairment in the person's earning capacity warrants an increase or decrease, but in no event shall a monthly benefit paid to the person exceed the benefit provided under subparagraph (1) above;

(3) Provided, however, that if any paid police member is entitled to receive compensation under the Workmen's Compensation Law of the state of Idaho as it now exists, or shall hereafter be amended, the amount payable under this act shall be reduced by the amount to which the paid police member is entitled under the Workmen's Compensation Law;

(4) The board of police retirement fund commissioners shall require medical examinations of all applicants for retirement by reason of disability, and shall, at their discretion, require periodic medical examinations of persons receiving a disability retirement allowance. The board shall prescribe general rules for medical examination required hereunder, and may provide for the discontinuance of any disability retirement allowance and forfeiture of all rights under this act for any person who refuses to submit to such an examination;

(5) The decision of the board as to eligibility allowances or benefits shall be final;

(6) When a disability beneficiary is determined by the board to be not incapacitated in a degree which prevents efficient service, the member's disability retirement allowance shall be canceled forthwith;

(7) Such a person, who for any reason is not reinstated in the service of the member's department, shall receive separation benefits according to the member's entitlement, as provided under section 50-1515, Idaho Code.

(b) In event a paid police member is killed or sustains injury, from which death results, while in the performance of the member's duty or from causes disconnected with the member's official duties but during the period of the member's service, and leaves surviving the member a spouse or a minor child or minor children, or, in the event the member's spouse has predeceased the member, the member's minor child or children, shall be paid from the retirement fund a yearly sum equal to one-half (1/2) of the amount of the salary attached to the rank the member held in the police department of the city for a period of one (1) year next preceding the date of injury or death. In event a surviving spouse of a police member so killed, or whose death so results, shall thereafter die and there shall be at the time of death, a minor child or minor children of the deceased police member under the age of eighteen (18) years, the payments aforesaid shall be paid, for the sole benefit of the minor child or children under and until reaching the age of eighteen (18) years; provided, however, that any sums payable to any surviving spouse or minor child or children of any police member under this act shall be reduced by any sum to which the surviving spouse or minor child or children may be entitled under the provisions of the Workmen's Compensation Law of the state of Idaho.

(c) In event a paid police member, retired on retirement pay, shall die and leave surviving the member a surviving spouse, who was the member's spouse for over five (5) years immediately prior to the member's death, but no minor children, the spouse shall receive an amount equal to three-fourths (3/4) of the retirement or benefit pay of the member prior to the member's death, adjusted in proportion to any cost-of-living adjustments made to the salaries of active employees, but only during the spouse's lifetime.

(d) In event a paid police member, retired on retirement pay, shall die and leave surviving the member a spouse who was the member's spouse for over five (5) years immediately prior to the member's death or a minor child or minor children, the surviving spouse, or, in the event the member's spouse has predeceased the member, the member's minor child or children, shall be paid the retirement pay to which the deceased police member was eligible, and if the member's surviving spouse thereafter dies the full retirement pay shall be paid to the child or children until they reach the age of eighteen (18) years.

(e) In the event any paid police member shall die within three (3) months, from and as a result of injuries received in performance of duty or from causes disconnected with the member's official duties but during the period of the member's service and shall at the time of the member's death be unmarried but shall leave surviving the member a dependent father or mother, the retirement or benefit pay to which the member would have been entitled thereunder shall be paid fifty per cent (50%) to each of the surviving parents during the continuance of his or her natural life.

(f) In addition to the foregoing, at the death of any paid police member from whatever cause, the fund shall pay the sum of one hundred dollars ($100) as funeral expenses.

(g) Any police member, father, mother, surviving spouse, child or children of a police member entitled to compensation under the Workmen's Compensation Law shall draw benefits under provisions of this chapter only to the extent that the benefits under this chapter exceed those to which the member shall be entitled under the Workmen's Compensation Law of the state of Idaho.

(h) When a police member has been disabled and when the period of the member's disability combined with the member's prior service as a police member makes the member eligible for retirement under the provisions of this chapter, the member may upon application to the board be retired at one-half (1/2) the rate of pay applicable for the job classification at the time of disability, or its equivalent, which the member held at the time of disability which pay shall be adjusted in proportion to any cost-of-living adjustments made to the pay of active employees.

History:

[50-1516, added 1967, ch. 429, sec. 268, p. 1249; am. 1970, ch. 157, sec. 2, p. 481; am. 1976, ch. 287, sec. 1, p. 990; am. 1981, ch. 4, sec. 2, p. 10; am. 1992, ch. 41, sec. 1, p. 140.]
Idaho Code § 50-2616 — Idaho Code / Title 50 / Chapter 26 / Section 50-2616
50-2616 BENEFIT ZONES — ESTABLISHMENT, MODIFICATION AND DISESTABLISHMENT OF DISTRICT PROVISIONS AND PROCEDURE TO BE FOLLOWED.
Status: in_force

50-2616. Benefit zones — Establishment, modification and disestablishment of district provisions and procedure to be followed. All provisions of this chapter applicable to establishment or disestablishment of a district also apply to the establishment, modification, or disestablishment of benefit zones pursuant to section 50-2615, Idaho Code. The establishment or the modification of any such zone shall follow the same procedure as provided for the establishment of a business improvement district and the disestablishment shall follow the same procedure as provided for disestablishment of a district.

History:

[50-2616, added 1980, ch. 192, sec. 1, p. 427.]
Idaho Code § 50-2205 — Idaho Code / Title 50 / Chapter 22 / Section 50-2205
50-2205 PROCEEDINGS UPON AFFIRMATIVE VOTE — ORDER OF DISINCORPORATION.
Status: in_force

50-2205. Proceedings upon affirmative vote — Order of disincorporation. In case it shall appear from said canvass that two thirds (2/3) of all the votes cast were in favor of disincorporation, said county commission shall, under their hands make and file in their office, and cause to be entered upon their record or proceedings, an order that the petition for such disincorporation be granted, and declaring that said corporation be disincorporated, said order to take effect thirty (30) days from and after the holding of the election.

History:

[50-2205, added 1967, ch. 429, sec. 436, p. 1249.]
Idaho Code § 50-1607 — Idaho Code / Title 50 / Chapter 16 / Section 50-1607
50-1607 EMPLOYEES OF SIX MONTHS WHEN ORDINANCE BECOMES EFFECTIVE.
Status: in_force

50-1607. Employees of six months when ordinance becomes effective. All persons who are and have been continuously in the employ of the city, for at least six (6) months next prior to the effective date of the civil service ordinance, shall retain their respective employment, subject to removal or suspension in accordance with the rules and regulations of the civil service commission.

History:

[50-1607, added 1967, ch. 429, sec. 283, p. 1249.]
Idaho Code § 50-213 — Idaho Code / Title 50 / Chapter 2 / Section 50-213
50-213 OFFICIAL NEWSPAPER.
Status: in_force

50-213. Official newspaper. The city council of each city shall, by ordinance, designate a newspaper within the provisions of title 60, Idaho Code, to be the official newspaper of that city. Said newspaper shall be one published within said city, or if none there be, then a newspaper published within the county in which said city is situated, or the nearest Idaho newspaper of general circulation within the city.

History:

[50-213, added 1967, ch. 429, sec. 36, p. 1249; am. 1977, ch. 194, sec. 1, p. 528.]
Idaho Code § 50-611 — Idaho Code / Title 50 / Chapter 6 / Section 50-611
50-611 VETO POWER.
Status: in_force

50-611. Veto power. The mayor shall have power to veto or sign any ordinance passed by the city council; provided, that any ordinance vetoed by the mayor may be passed over his veto by a vote of one-half (1/2) plus one (1) of the members of the full council, notwithstanding the veto, and should the mayor neglect or refuse to sign any ordinance, and return the same with his objections, in writing, at the next regular meeting of the council, the same shall become law without his signature.

History:

[50-611, added 1967, ch. 429, sec. 131, p. 1249.]
Idaho Code § 50-1604 — Idaho Code / Title 50 / Chapter 16 / Section 50-1604
50-1604 EXAMINATIONS — QUALIFICATIONS OF APPLICANTS — REHIRES — CAUSES FOR REMOVAL, DISCHARGE OR SUSPENSION OF INCUMBENTS.
Status: in_force

50-1604. Examinations — Qualifications of applicants — Rehires — Causes for removal, discharge or suspension of incumbents. (1) Except as provided in subsection (3) of this section, all applicants for places of employment in the classified civil service shall be subject to examination, which shall be public competitive and free and shall be held at such times and places as the civil service commission shall from time to time determine. Such examinations shall be for the purpose of determining the qualifications of applicants for positions and shall be practical and shall fairly test the fitness of the persons examined to discharge the duties of the position to which they seek appointment.

(2) The governing body of each city, having created a civil service commission, shall provide a job description for each civil service position of the city and shall determine and establish the standards and qualifications therefor to be met by each applicant before appointment.

(3) Any applicant who, while in good standing, voluntarily terminated his or her employment with the agency with whom an appointment is sought may, upon written request to and approval from the appointing officer and in accordance with the written policy of the civil service commission, be rehired without taking an examination, provided:

(a) The applicant is otherwise qualified for the position; and

(b) The written request for rehire is physically delivered, mailed or electronically transferred to the appointing officer within such time as provided by the written policy of the civil service commission.

(4) All incumbents and applicants thereafter appointed shall hold office, place, position or employment only during good behavior, and any such person may be removed, discharged, suspended without pay, demoted, reduced in rank, deprived of vacation privileges or other special privileges for any of the following reasons, subject to the determination of the facts in each case by the commission:

(a) Incompetency, inefficiency or inattention to or dereliction of duty;

(b) Dishonesty, intemperance, immoral conduct, insubordination, discourteous treatment of the public or a fellow employee, or any other act of omission or commission tending to injure the public service; willful failure on the part of the employee to properly conduct himself, or any other willful violation of the civil service rules and regulations;

(c) Mental or physical unfitness for the position which the employee holds;

(d) Dishonest, disgraceful, immoral or prejudicial conduct;

(e) Drunkenness or use of intoxicating liquors, narcotics, or any other habit-forming drug, liquid or preparation to such extent that the use thereof interferes with the efficiency or mental or physical fitness of the employee or which prevents the employee from properly performing the functions and duties of any position under civil service;

(f) Conviction of a crime that is deemed relevant in accordance with section 67-9411(1), Idaho Code;

(g) Any other act or failure to act, which in the judgment of the civil service commissioners is sufficient to show the offender to be an unsuitable and unfit person to be employed in the public service.

History:

[50-1604, added 1967, ch. 429, sec. 280, p. 1249; am. 2002, ch. 51, sec. 1, p. 118; am. 2020, ch. 175, sec. 11, p. 515.]
Idaho Code § 50-1701 — Idaho Code / Title 50 / Chapter 17 / Section 50-1701
50-1701 SHORT TITLE.
Status: in_force

50-1701. Short title. Chapter 17, title 50, Idaho Code, shall be known and cited as the "Local Improvement District Code."

History:

[50-1701, added 1976, ch. 160, sec. 2, p. 568.]
Idaho Code § 50-2007 — Idaho Code / Title 50 / Chapter 20 / Section 50-2007
50-2007 POWERS.
Status: in_force

50-2007. Powers. Every urban renewal agency shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this act, including the following powers in addition to others herein granted:

(a) To undertake and carry out urban renewal projects and related activities within its area of operation; and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this act; and to disseminate slum clearance and urban renewal information;

(b) To provide or to arrange or contract for the furnishing or repair by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities or other facilities for or in connection with an urban renewal project; to install, construct, and reconstruct streets, utilities, parks, playgrounds, off-street parking facilities, public facilities, other buildings or public improvements; and any improvements necessary or incidental to a redevelopment project; and to agree to any conditions that it may deem reasonable and appropriate attached to federal financial assistance and imposed pursuant to federal law relating to the determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of an urban renewal project and related activities, and to include in any contract let in connection with such a project and related activities, provisions to fulfill such of said conditions as it may deem reasonable and appropriate;

(c) Within its area of operation, to acquire by purchase, lease, option, gift, grant, bequest, devise, eminent domain or otherwise, any real property or personal property for its administrative purposes, together with any improvements thereon; to hold, improve, renovate, rehabilitate, clear or prepare for redevelopment any such property or buildings; to mortgage, pledge, hypothecate or otherwise encumber or dispose of any real property; to insure or provide for the insurance of any real or personal property or operations of the municipality against any risks or hazards, including the power to pay premiums on any such insurance; and to enter into any contracts necessary to effectuate the purposes of this act: Provided however, that no statutory provision with respect to the acquisition, clearance or disposition of property by public bodies shall restrict a municipality or other public body exercising powers hereunder in the exercise of such functions with respect to an urban renewal project and related activities, unless the legislature shall specifically so state;

(d) With the approval of the local governing body, (1) prior to approval of an urban renewal plan, or approval of any modifications of the plan, to acquire real property in an urban renewal area, demolish and remove any structures on the property, and pay all costs related to the acquisition, demolition, or removal, including any administrative or relocation expenses; and (2) to assume the responsibility to bear any loss that may arise as the result of the exercise of authority under this subsection in the event that the real property is not made part of the urban renewal project;

(e) To invest any urban renewal funds held in reserves or sinking funds or any such funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control; to redeem such bonds as have been issued pursuant to section 50-2012, Idaho Code, at the redemption price established therein or to purchase such bonds at less than redemption price, all such bonds so redeemed or purchased to be canceled;

(f) To borrow money and to apply for and accept advances, loans, grants, contributions and any other form of financial assistance from the federal government, the state, county, or other public body, or from any sources, public or private, for the purposes of this act, and to give such security as may be required and to enter into and carry out contracts or agreements in connection therewith; and to include in any contract for financial assistance with the federal government for or with respect to an urban renewal project and related activities such conditions imposed pursuant to federal laws as the municipality may deem reasonable and appropriate and which are not inconsistent with the purposes of this act;

(g) Within its area of operation, to make or have made all surveys and plans necessary to the carrying out of the purposes of this act and to contract with any person, public or private, in making and carrying out such plans and to adopt or approve, modify and amend such plans, which plans may include, but are not limited to: (1) plans for carrying out a program of voluntary compulsory repair and rehabilitation of buildings and improvements, (2) plans for the enforcement of state and local laws, codes and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements, and (3) appraisals, title searches, surveys, studies, and other plans and work necessary to prepare for the undertaking of urban renewal projects and related activities; and to develop, test, and report methods and techniques, and carry out demonstrations and other activities, for the prevention and the elimination of slums and urban blight and developing and demonstrating new or improved means of providing housing for families and persons of low income and to apply for, accept and utilize grants of funds from the federal government for such purposes;

(h) To prepare plans for and assist in the relocation of persons, including individuals, families, business concerns, nonprofit organizations and others displaced from an urban renewal area, and notwithstanding any statute of this state to make relocation payments to or with respect to such persons for which reimbursement or compensation is not otherwise made, including the making of such payments financed by the federal government;

(i) To exercise all or any part or combination of powers herein granted;

(j) In addition to its powers under subsection (b) of this section, an agency may construct foundations, platforms, and other like structural forms necessary for the provision or utilization of air rights sites for buildings and to be used for residential, commercial, industrial, and other uses contemplated by the urban renewal plan, and to provide utilities to the development site; and

(k) To use, lend or invest funds obtained from the federal government for the purposes of this act if allowable under federal laws or regulations.

History:

[50-2007, added 1965, ch. 246, sec. 7, p. 600; am. 1972, ch. 156, sec. 1, p. 344; am. 1987, ch. 259, sec. 1, p. 536; am. 2011, ch. 317, sec. 2, p. 912; am. 2013, ch. 63, sec. 1, p. 139.]
Idaho Code § 50-901A — Idaho Code / Title 50 / Chapter 9 / Section 50-901A
50-901A SUMMARIZATION OF ORDINANCES PERMITTED — REQUIREMENTS.
Status: in_force

50-901A. Summarization of ordinances permitted — Requirements. (1) In lieu of publishing the entire ordinance under section 50-901, Idaho Code, the city may publish a summary of the ordinance which summary shall be approved by the governing body and which shall include:

(a) The name of the city;

(b) The formal identification or citation number of the ordinance;

(c) A descriptive title;

(d) A summary of the principal provisions of the ordinance, including penalties provided and the effective date;

(e) Any other information necessary to provide an accurate summary; and

(f) A statement that the full text is available at the city hall.

(2) Subsection (1) of this section notwithstanding, whenever any publication is made under this section and the proposed or adopted ordinance contains legal descriptions, or contains provisions regarding taxation or penalties concerning real property, then the sections containing this matter shall be published in full and shall not be summarized. When a legal description of real property is involved, the notice shall also include the street address or addresses of the property described, if any. In the case of descriptions covering one or more street addresses, the street addresses of the corners of the area described shall meet this requirement. Maps may be substituted for written legal description of property provided they contain sufficient detail to clearly define the area with which the ordinance is concerned.

(3) Before submission of a summary to a newspaper for publication under this section, the legal advisor of the city shall sign a statement, which shall be filed with the ordinance, that the summary is true and complete and provides adequate notice to the public.

(4) The full text of any ordinance which is summarized by publication under this section shall be promptly provided by the city clerk to any citizen on personal request.

History:

[50-901A, added 1979, ch. 19, sec. 2, p. 30; am. 1981, ch. 145, sec. 2, p. 250.]
Idaho Code § 50-308 — Idaho Code / Title 50 / Chapter 3 / Section 50-308
50-308 MAINTENANCE OF PEACE — LICENSING AND REGULATING AMUSEMENTS.
Status: in_force

50-308. Maintenance of peace — Licensing and regulating amusements. Cities shall have power: to prevent and restrain riots, routs, noises, disturbances or disorderly assemblies; to arrest, regulate, punish, fine or set at work on the streets or elsewhere, vagrants or persons found without visible means of support or legitimate business; license and regulate theaters, halls, concerts, dances, theatrics, circuses, carnivals, exhibitions, amusements and other performances, where an admission fee may or may not be charged.

History:

[50-308, added 1967, ch. 429, sec. 32, p. 1249; am. 2013, ch. 223, sec. 1, p. 524.]
Idaho Code § 50-2720 — Idaho Code / Title 50 / Chapter 27 / Section 50-2720
50-2720 TAXATION.
Status: in_force

50-2720. Taxation. During any period that property acquired pursuant to this act is leased by a municipality or public corporation as a lessor, or title thereto is retained by a municipalaity or public corporation under an installment purchase contract, taxes shall be payable to the same extent as if it were owned by such lessee or installment purchaser and such taxes shall be paid by such lessee or installment purchaser.

History:

[50-2720, added 1982, ch. 119, sec. 1, p. 336.]
Idaho Code § 50-706 — Idaho Code / Title 50 / Chapter 7 / Section 50-706
50-706 SPECIAL MEETINGS OF COUNCIL.
Status: in_force

50-706. Special meetings of council. One half (1/2) plus one (1) of the members of the full council 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 of the clerk.

History:

[50-706, added 1967, ch. 429, sec. 137, p. 1249.]
Idaho Code § 50-412 — Idaho Code / Title 50 / Chapter 4 / Section 50-412
50-412 CANVASSING VOTES — DETERMINING RESULTS OF ELECTION.
Status: in_force

50-412. Canvassing votes — Determining results of election. The county commissioners, within ten (10) days following any election, shall meet for the purpose of canvassing the results of the election. Upon receipt of tabulation of votes prepared by the election judges and clerks, and the canvass as herein provided, the results of both shall be entered in the minutes of city council proceedings. Results of election shall be determined as follows: in the case of a single office to be filled, the candidate with the highest number of votes shall be declared elected; in the case where more than one (1) office is to be filled, that number of candidates receiving the highest number of votes, equal to the number of offices to be filled, shall be declared elected.

History:

[(50-412) 50-467, added 1978, ch. 329, sec. 2, p. 846; am. and redesig. 2009, ch. 341, sec. 113, p. 1054; am. 2014, ch. 162, sec. 6, p. 458.]
Idaho Code § 50-2302 — Idaho Code / Title 50 / Chapter 23 / Section 50-2302
50-2302 PETITION FOR ORGANIZATION UNDER GENERAL LAWS — ELECTION.
Status: in_force

50-2302. Petition for organization under general laws — Election. Upon receipt of a petition signed by registered qualified electors equal in number to twenty-five percent (25%) of the total number of voters casting ballots at the last preceding general city election, the governing body shall by resolution issued within ten (10) days after filing of said petition, submit to the qualified electors of the city the question of organizing as a city, under this chapter, and the general laws of the state of Idaho. The election shall be held on the next date authorized by section 50-405, Idaho Code, which is more than forty-five (45) days after adoption of the resolution by the city council.

History:

[50-2302, added 1967, ch. 429, sec. 446, p. 1249; am. 2009, ch. 341, sec. 138, p. 1061.]
Idaho Code § 50-2911 — Idaho Code / Title 50 / Chapter 29 / Section 50-2911
50-2911 LIMITATIONS ON REVIEW.
Status: in_force

50-2911. Limitations on review. (1) No direct or collateral action attacking or otherwise questioning the validity of any urban renewal plan, project or modification thereto (including one containing a revenue allocation provision), or the adoption or approval of such plan, project or modification, or any of the findings or determinations of the agency or the local governing body in connection with such plan, project or modification, shall be brought prior to the effective date of the ordinance adopting or modifying the plan. No direct or collateral action attacking or otherwise questioning the validity of bonds issued pursuant to section 50-2909, Idaho Code, shall be brought prior to the effective date of the resolution or ordinance authorizing such bonds.

(2) For a period of thirty (30) days after the effective date of the ordinance or resolution, any person in interest shall have the right to contest the legality of such ordinance, resolution or proceeding or any bonds which may be authorized thereby. No contest or proceeding to question the validity or legality of any ordinance, resolution or proceeding, or any bonds which may be authorized thereby, passed or adopted under the provisions of this chapter shall be brought in any court by any person for any cause whatsoever, after the expiration of thirty (30) days from the effective date of the ordinance, resolution or proceeding, and after such time the validity, legality and regularity of such ordinance, resolution or proceeding or any bonds authorized thereby shall be conclusively presumed. If the question of the validity of any adopted plan or bonds issued pursuant to this chapter is not raised within thirty (30) days from the effective date of the ordinance, resolution or proceeding issuing said bonds and fixing their terms, the authority of the plan, the authority adopting the plan, or the authority to issue the bonds, and the legality thereof, the same shall be conclusively presumed and no court shall thereafter have authority to inquire into such matters.

History:

[50-2911, added 1988, ch. 210, sec. 11, p. 400; am. 1990, ch. 430, sec. 5, p. 1193.]
Idaho Code § 50-1818 — Idaho Code / Title 50 / Chapter 18 / Section 50-1818
50-1818 CERTIFIED COPY OF DELINQUENCY LIST FILED — FEE.
Status: in_force

50-1818. Certified copy of delinquency list filed — Fee. On or before the fourth Monday of July of the year in which such assessments were levied, the city treasurer shall file a certified copy of the delinquency list, as provided in the preceding section, with the county recorder of the county in which the lands covered by the various delinquent assessments are located which said list shall be kept with the records of said county recorder in a book to be furnished by such city designated "A Record of Delinquent Assessments of the City of ….." Upon receiving such certified list the recorder shall enter the same on his receipt book and shall be entitled to a filing fee of $2.00 therefor.

History:

[50-1818, added 1967, ch. 429, sec. 373, p. 1249.]
Idaho Code § 50-704 — Idaho Code / Title 50 / Chapter 7 / Section 50-704
50-704 VACANCIES — APPOINTMENT.
Status: in_force

50-704. Vacancies — Appointment. (1) A vacancy on the council shall be filled by nomination made by the mayor. If the position of mayor is vacant, the nomination shall be made by the council president. Lacking both a mayor and a council president, the nomination shall be made by the most senior member of the council. For any nomination made pursuant to this subsection, the nominee must be confirmed by the council.

(2) If the number of members of the council is insufficient to establish a quorum, the ranking elected official, in order of the mayor, council president, and senior member of the council, shall nominate a name or names to the governor for appointment sufficient to establish a quorum.

(3) For any appointment made pursuant to this section, the appointee shall serve only until the next general city election, at which such vacancy shall be filled for the balance of the original term.

History:

[50-704, added 1967, ch. 429, sec. 135, p. 1249; am. 2023, ch. 93, sec. 1, p. 288.]
Idaho Code § 50-312 — Idaho Code / Title 50 / Chapter 3 / Section 50-312
50-312 IMPROVEMENT OF STREETS — SPECIAL LEVY.
Status: in_force

50-312. Improvement of streets — Special levy. Cities may levy and collect a special tax upon all of the taxable property within the city limits to establish, lay out, alter, open any streets or alleys and improve, repair, light, grade, sprinkle, flush, gravel, oil, or drain the same and remove any and all obstructions therefrom; establish grades and construct bridges, crosswalks, culverts, drainage systems thereon and repair and maintain the same; cause to be planted, set out and cultivated, shade trees along the lines thereof or therein; extend its street lighting system to a maximum distance of two (2) miles outside its corporate limits, along approaches to its street system, subject to the approval of the agency having legal jurisdiction of the highway, road or street involved; provided, however, that no public utility, city quasi-municipal corporation or cooperative association serving electric energy to such street lighting system outside the corporate limits of such city shall, by so serving such electric energy, acquire any rights to serve any other property or any present or future consumer, by virtue of, or in violation of, any provisions of title 61, chapter 3, Idaho Code.

History:

[50-312, added 1967, ch. 429, sec. 44, p. 1249.]
Idaho Code § 50-1752 — Idaho Code / Title 50 / Chapter 17 / Section 50-1752
50-1752 SALE OF PROPERTY AFTER MATURITY OF BONDS.
Status: in_force

50-1752. Sale of property after maturity of bonds. Within thirty (30) days after the maturity of the last instalment of any issue of bonds of a local improvement district, if any such bonds or interest coupons shall remain unpaid, any property remaining unsold, to which the municipality has taken title by reason of assessment of such improvement district, shall be appraised and immediately after said appraisement such property shall be offered for sale by giving notice of the time and place of sale thereof by publication of such notice in a newspaper published in the municipality for ten (10) consecutive issues if a daily paper, or in two (2) consecutive issues if a weekly paper, or if there be no newspaper published in such municipality then in a newspaper having general circulation therein, the date of sale to be not less than twenty (20) days from the date of the first publication of such notice. At the time and place designated in the notice the treasurer shall offer such property for sale to the highest bidder, but no sale shall be made for less than the appraised value. If no bid be received for a sum equal to or greater than the appraised value, then the sale may be postponed for not to exceed thirty (30) days, and shall be readvertised, and at the time to which such sale was postponed shall again be offered for sale and sold to the highest bidder. Upon the sale of any property and the payment therefor, a deed shall be executed to the purchaser in the same manner, as provided for the execution of deeds in section 50-1751.

History:

[50-1752, added 1967, ch. 429, sec. 338, p. 1249.]
Idaho Code § 50-1308 — Idaho Code / Title 50 / Chapter 13 / Section 50-1308
50-1308 APPROVALS.
Status: in_force

50-1308. Approvals. (1) If a subdivision is not within the corporate limits of a city, the plat thereof shall be submitted, accepted and approved by the board of commissioners of the county in which the tract is located in the same manner and as herein provided. If the city or county has established a planning commission, then all plats must be submitted to said commission in accordance with provisions of chapter 65, title 67, Idaho Code. No plat of a subdivision requiring city approval shall be accepted for record by the county recorder unless said plat shall have first been submitted to the city and has been accepted and approved and shall have written thereon the acceptance and approval of the said city council and bear the signature of the city engineer and city clerk. No plat of a subdivision shall be accepted for record by the county recorder unless said plat has been certified, within thirty (30) days prior to recording, by the county treasurer of the county in which the tract is located. The county treasurer shall not withhold certification for any reason except for county property taxes due, but not paid, upon the property included in the proposed subdivision.

(2) Plats resulting from the exercise of any right granted under the provisions of sections 50-1314 and 63-210(2), Idaho Code, may be accepted for record and recorded by the county recorder without being certified by the county treasurer and the record of any such plat which has previously been recorded without being certified by the county treasurer shall not be invalid or defective because of not having been so certified by the county treasurer.

History:

[50-1308, added 1967, ch. 429, sec. 226, p. 1249; am. 1979, ch. 286, sec. 1, p. 731; am. 1981. ch. 304, sec. 1, p. 626; am. 1981, ch. 317, sec. 1, p. 661; am. 1996, ch. 322, sec. 52, p. 1080; am. 1997, ch. 190, sec. 7, p. 523.]
Idaho Code § 50-322 — Idaho Code / Title 50 / Chapter 3 / Section 50-322
50-322 TRANSIT SYSTEMS.
Status: in_force

50-322. Transit systems. Any city may, in the manner provided for acquiring other property, purchase, lease, or otherwise procure transit systems and provide by general ordinance for rules and regulations governing the maintenance and operation of the same.

History:

[50-322, added 1967, ch. 429, sec. 46, p. 1249.]
Idaho Code § 50-3011 — Idaho Code / Title 50 / Chapter 30 / Section 50-3011
50-3011 APPLICABILITY OF OTHER LAW.
Status: in_force

50-3011. APPLICABILITY OF OTHER LAW. (1) The provisions of this chapter are intended to be construed to be consistent with the federal cable communications policy act of 1984, 47 U.S.C. sections 521 through 573.

(2) Except as otherwise stated herein, nothing in this chapter shall be interpreted to prevent an incumbent cable service provider, a nonincumbent video service provider, a system operator, a local unit of government or a franchising entity from entering into a negotiated franchise agreement with a political subdivision or seeking clarification of its rights and obligations under federal or state law or to exercise any right or authority under federal or state law.

(3) Nothing in this chapter shall be construed to limit, abrogate or supersede the provisions of titles 61 and 62, Idaho Code, regarding telecommunications service within the state of Idaho, nor to require a telephone corporation to obtain a certificate of franchise authority or local authorization pursuant to this chapter for the purpose of permitting or authorizing the telephone corporation to construct, upgrade, operate or maintain its telecommunications system to provide telecommunications service.

(4) No provision of this chapter shall diminish or otherwise limit the authority of this state, highway district or other local unit of government having jurisdiction over the public rights-of-way. Nothing in this chapter shall be construed to limit, abrogate or supersede the provisions of any applicable local ordinance or other regulation governing the use of the public rights-of-way.

History:

[50-3011, added 2012, ch. 207, sec. 1, p. 562.]
Idaho Code § 50-304 — Idaho Code / Title 50 / Chapter 3 / Section 50-304
50-304 PRESERVATION OF PUBLIC HEALTH.
Status: in_force

50-304. Preservation of public health. Cities may establish a board of health and prescribe its powers and duties; pass all ordinances and make all regulations necessary to preserve the public health; prevent the introduction of contagious diseases into the city; and make quarantine laws for that purpose and enforce the same within the city.

History:

[50-304, added 1967, ch. 429, sec. 29, p. 1249; am. 2021, ch. 39, sec. 1, p. 91.]
Idaho Code § 50-2005 — Idaho Code / Title 50 / Chapter 20 / Section 50-2005
50-2005 FINDING OF NECESSITY BY LOCAL GOVERNING BODY.
Status: in_force

50-2005. Finding of necessity by local governing body. No urban renewal agency and no municipality shall exercise the authority hereafter conferred by this act until after the local governing body shall have adopted a resolution finding that: (1) one or more deteriorated or deteriorating areas as defined in this act exist in such municipality; (2) the rehabilitation, conservation, redevelopment, or a combination thereof, of such area or areas is necessary in the interest of the public health, safety, morals or welfare of the residents of such municipality; and (3) there is need for an urban renewal agency to function in the municipality.

History:

[50-2005, added 1965, ch. 246, sec. 5, p. 600.]
Idaho Code § 50-2606 — Idaho Code / Title 50 / Chapter 26 / Section 50-2606
50-2606 HEARINGS.
Status: in_force

50-2606. Hearings. Whenever a hearing is held under this chapter, the legislative authority shall hear all protests and receive evidence for or against the proposed action. The legislative authority may continue the hearing from time to time. Proceedings shall terminate if protest is made by businesses in the proposed district which would pay a majority of the proposed special assessments.

History:

[50-2606, added 1980, ch. 192, sec. 1, p. 425.]
Idaho Code § 50-1504 — Idaho Code / Title 50 / Chapter 15 / Section 50-1504
50-1504 BOARD OF POLICE RETIREMENT FUND COMMISSIONERS — ELECTION — TERM OF OFFICE — DUTIES.
Status: in_force

50-1504. Board of police retirement fund commissioners — Election — Term of office — Duties. The city council of any city, having elected to establish a policeman's retirement fund, together with three (3) members of the police department, shall constitute the board of the police retirement fund commissioners. Each police department member, to be eligible for board membership, must be (a) a participating member of the fund; and (b) either on active duty or retired from the department and drawing benefits from the fund. For the purposes of this section "participating member" means any active member of the police department who contributes to the fund, or any retired member of the police department who receives benefits from the fund. The three (3) members from the police department shall be elected at an election held every two (2) years after the adoption of the provisions of sections 50-1501 through 50-1524, Idaho Code, and in the manner herein provided. In the event that the number of participating members eligible for board membership is limited to two (2) or fewer, a member may hold more than one (1) position on the board simultaneously.

Not more than thirty (30) nor less than fifteen (15) days preceding the date fixed by law for general city elections, written notice of the nomination of any participating member of said police department for membership on said board may be filed with the secretary thereof. Each petition of nomination shall be signed by not less than three (3) participating members of said police department, and nothing herein contained shall prevent any participating member of a police department from signing more than three (3) petitions of nomination. Said election shall be held on a date fixed by the secretary of the board, and shall not be less than five (5) days nor more than ten (10) days before the date fixed by law for the election as aforesaid. Notices of the dates upon which said petitions may be filed and of the date fixed for the election of members to said board shall be given by the secretary by posting written notices thereof in a prominent place in the police headquarters of said city and by mailing written notices to each participating fund member. For the purpose of said election, the secretary shall prepare and furnish by mail printed or typewritten ballots in the usual form, containing the names of all persons regularly nominated for membership. Each participating member of said police department shall be entitled to vote in person or by mail for three (3) persons as members of said board. The chief of police of the department shall appoint two (2) members of the department, one (1) of which may be the secretary of the fund, to act as clerks at the election, which shall open at 8 o'clock A.M., and remain open so long thereafter, not exceeding twelve (12) hours, as will afford an opportunity for each person entitled to vote. The three (3) nominees receiving the highest number of votes in ballots cast in person and by mail in said election shall be declared elected and their terms shall commence on the same date as that of the mayor of said city.

Said board shall provide for the disbursement of such retirement fund and shall designate the beneficiaries thereof as provided in sections 50-1501 through 50-1524, Idaho Code.

History:

[50-1504, added 1967, ch. 429, sec. 256, p. 1249; am. 1987, ch. 73, sec. 1, p. 144.]
Idaho Code § 50-2009 — Idaho Code / Title 50 / Chapter 20 / Section 50-2009
50-2009 NEIGHBORHOOD AND COMMUNITY-WIDE PLANS.
Status: in_force

50-2009. Neighborhood and community-wide plans. (a) An urban renewal agency or any public body authorized to perform planning work may prepare a general neighborhood renewal plan for urban renewal areas which may be of such scope that urban renewal activities may have to be carried out in stages over an estimated period of up to ten (10) years. Such plan may include, but is not limited to, a preliminary plan which (1) outlines the urban renewal activities proposed for the area involved, (2) provides a framework for the preparation of urban renewal plans, and (3) indicates generally the land uses, population density, building coverage, prospective requirements for rehabilitation and improvement of property and portions of the area contemplated for clearance and redevelopment. A general neighborhood renewal plan shall, in the determination of the local governing body, conform to the general plan of the locality as a whole and the workable program of the municipality.

(b) A municipality or any public body authorized to perform planning work may prepare or complete a community-wide plan or program for urban renewal which shall conform to the general plan for the development of the municipality as a whole and may include, but is not limited to, identification of slum, blighted, deteriorated or deteriorating areas, measurement of blight, determination of resources needed and available to renew such areas, identification of potential project areas and types of action contemplated, and scheduling of urban renewal activities.

(c) Authority is hereby vested in every municipality to prepare, to adopt and to revise from time to time, a general plan for the physical development of the municipality as a whole (giving due regard to the environs and metropolitan surroundings), to establish and maintain a planning commission for such purpose and related municipal planning activities, and to make available and to appropriate necessary funds therefor.

History:

[50-2009, added 1965, ch. 246, sec. 9, p. 600.]
Idaho Code § 50-2712 — Idaho Code / Title 50 / Chapter 27 / Section 50-2712
50-2712 REVENUE BONDS — REFUNDING.
Status: in_force

50-2712. Revenue bonds — Refunding. Each public corporation may provide by resolution for the issuance of revenue refunding bonds for the purpose of refunding any revenue bonds issued for an industrial development facility under this chapter, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption or maturity of the revenue bonds and commissions, service fees and other expenses necessary to be paid in connection with the refunding bond issue, and if considered advisable by the public corporation, for the additional purpose of financing improvements, extension or enlargements to the industrial development facility or another industrial development facility. The issuance of the revenue bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the public corporation in respect to the same shall be governed by this chapter insofar as applicable.

Any such refunding may be effected whether the bonds to be refunded shall have matured or shall thereafter mature, either by sale of the refunding bonds and the application of the proceeds thereof for the payment of the bonds to be refunded thereby, or by the exchange of the refunding bonds for the bonds to be refunded thereby with the consent of the holders of the bonds so to be refunded, and regardless of whether or not the bonds to be refunded were issued in connection with the same project or separate projects or for any other purpose hereunder, and regardless of whether or not the revenue bonds proposed to be refunded shall be payable on the same date or different dates or shall be due serially or otherwise.

History:

[50-2712, added 1982, ch. 119, sec. 1, p. 334.]
Idaho Code § 50-2604 — Idaho Code / Title 50 / Chapter 26 / Section 50-2604
50-2604 RESOLUTION OF INTENTION TO ESTABLISH — CONTENTS — HEARING.
Status: in_force

50-2604. Resolution of intention to establish — Contents — Hearing. The legislative authority, after receiving a valid initiation petition, shall adopt a resolution of intention to establish a district. The resolution shall state the time and place of a hearing to be held by the legislative authority to consider establishment of a district and shall restate all the information contained in the initiation petition regarding boundaries, projects and uses, and estimated rates of assessment.

History:

[50-2604, added 1980, ch. 192, sec. 1, p. 424.]
Idaho Code § 50-1911 — Idaho Code / Title 50 / Chapter 19 / Section 50-1911
50-1911 REMOVAL OF COMMISSIONERS.
Status: in_force

50-1911. Removal of commissioners. A commissioner of an authority may be removed by the mayor, with the approval of the city council, at any time, with or without cause. The mayor shall cause to be sent a notice of the removal to the commissioner removed, the authority and the city clerk.

History:

[50-1911, added 1967, ch. 429, sec. 401, p. 1249; am. 1998, ch. 367, sec. 9, p. 1155.]
Idaho Code § 50-2611 — Idaho Code / Title 50 / Chapter 26 / Section 50-2611
50-2611 USE OF REVENUE — CONTRACTS TO ADMINISTER OPERATION OF DISTRICT.
Status: in_force

50-2611. Use of revenue — Contracts to administer operation of district. The legislative authority of each city shall have sole discretion as to how the revenue derived from the special assessments is to be used within the scope of the purposes; however, the legislative authority may appoint existing advisory boards or commissions to make recommendations as to its use, or the legislative authority may create a new advisory board or commission for the purpose.

The legislative authority may contract with a chamber of commerce or other similar business association operating primarily within the boundaries of the legislative authority to administer the operation of a business improvement district, including any funds derived pursuant thereto; provided, that such administration must comply with all applicable provisions of law including this chapter, with all county or city resolutions and ordinances, and with all rules or procedures lawfully imposed by the state controller or other state agencies.

History:

[50-2611, added 1980, ch. 192, sec. 1, p. 426; am. 1994, ch. 180, sec. 94, p. 489; am. 2003, ch. 32, sec. 26, p. 132.]
Idaho Code § 50-1515 — Idaho Code / Title 50 / Chapter 15 / Section 50-1515
50-1515 RESIGNATION OF POLICEMEN — REFUND OF DEDUCTIONS.
Status: in_force

50-1515. Resignation of policemen — Refund of deductions. A policeman who has been employed by a regularly constituted police department for a period of less than five (5) continuous years shall, upon termination of such employment, and upon application to the board of police retirement fund commissioners, be refunded one fourth (1/4) of the moneys deducted from his salary and placed in the police retirement fund. The amount to be refunded upon the application of a policeman who has been employed by said police department for a period of not less than five (5) years continuously shall be one third (1/3) of the moneys deducted from his salary and placed in the police retirement fund; for not less than ten (10) years continuous employment with said police department, one half (1/2) of the moneys deducted from his salary and placed in the police retirement fund shall, upon application, be refunded; and after having completed fifteen (15) years of continuous service with said police department, all moneys deducted from his salary and placed in the police retirement fund shall be refunded upon application of such policeman upon termination.

History:

[50-1515, added 1967, ch. 429, sec. 267, p. 1249.]
Idaho Code § 50-1334 — Idaho Code / Title 50 / Chapter 13 / Section 50-1334
50-1334 REVIEW OF WATER SYSTEMS ENCOMPASSED BY PLATS.
Status: in_force

50-1334. Review of water systems encompassed by plats. Whenever any plat is subject to the terms and requirements of sections 50-1326 through 50-1329, Idaho Code, no person shall offer for recording, or cause to be recorded, a plat unless he or she shall have certified that he or she is in compliance with section 31-3805(2), Idaho Code, and that at least one (1) of the following is the case:

(1) The individual lots described in the plat will not be served by any water system common to one (1) or more of the lots, but will be served by individual wells.

(2) All of the lots in the plat will be eligible to receive water service from an existing water system, be the water system municipal, a water district, a public utility subject to the regulation of the Idaho public utilities commission, or a mutual or nonprofit water company, and the existing water distribution system has agreed in writing to serve all of the lots in the subdivision.

(3) If a new water system will be developed to serve the subdivision, the entity in charge of that system has or will have sufficient contributed capital to allow the water system's wells, springboxes, reservoirs, and mains to be constructed to provide service without further connection charges or fees required to lot owners, except for connection of laterals, meters or other plant exclusively for the lot owner's own use.

Failure to comply with this section is a misdemeanor subject to the provisions of section 50-1329, Idaho Code. The certification must be filed or recorded as part of the plat document preserved for public inspection. Lot owners in the subdivision shall be entitled to the benefits of subsection (3) of this section when that option is chosen.

History:

[50-1334, added 1990, ch. 178, sec. 1, p. 377; am. 2025, ch. 129, sec. 9, p. 669; am. 2026, ch. 2, sec. 4, p. 9.]
Idaho Code § 50-1721A — Idaho Code / Title 50 / Chapter 17 / Section 50-1721A
50-1721A SEGREGATION OF ASSESSMENTS.
Status: in_force

50-1721A. Segregation of assessments. Whenever any land against which there has been levied any special assessment by any municipality shall have been sold in part or subdivided, the council of that municipality shall have the power to order a segregation of the assessment.

Any person desiring to have such a special assessment against a tract of land segregated to apply to smaller parts thereof shall apply to the municipality which levied the assessment. If the council determines that a segregation should be made, it shall by ordinance order the clerk to make segregation on the original assessment roll as directed in the ordinance. The segregation shall be made as nearly as possible on the same basis as the original assessment was levied, and the total of the segregated parts of the assessment shall equal the assessment before segregation. The ordinance shall describe the original tract, the amount and date of the original assessment, and shall define the boundaries of the divided parts and the amount of the assessment chargeable to each part. A certified copy of the ordinance shall be filed with the county recorder. The council may require, as a condition to the order of segregation, that the person seeking it pay the municipality the reasonable engineering and clerical costs incident to making the segregation. No segregation need be made if the council shall find that by such segregation the security of the lien for such assessment will be so jeopardized as to reduce the security for any outstanding local improvement district obligations payable from such assessment.

History:

[50-1721A, added 1987, ch. 126, sec. 1, p. 256.]
Idaho Code § 50-2903A — Idaho Code / Title 50 / Chapter 29 / Section 50-2903A
50-2903A EFFECT OF ORDINANCE TO MODIFY URBAN RENEWAL PLAN — EXCEPTION.
Status: in_force

50-2903A. effect of ordinance to modify urban renewal plan — exception.

(1)(a) On and after July 1, 2016, except as provided in subsection (2) of this section, when an urban renewal plan containing a revenue allocation financing provision is modified through an ordinance of the authorized municipality, the base value for the year immediately following the year in which the modification occurred shall include the current year's equalized assessed value of the taxable property in a revenue allocation area. The urban renewal agency shall be required annually to attest to having or not having modified any of its plans. If no modification has occurred, the urban renewal agency shall attest that fact on an affidavit provided by the state tax commission before the first Monday in June of each year. Modification shall not be deemed to have occurred when:

(i) There is a plan amendment to make technical or ministerial changes to a plan that does not involve an increase in the use of revenues allocated to the agency pursuant to section 50-2908, Idaho Code; or

(ii) There is a plan amendment to accommodate an increase in the revenue allocation area boundary as permitted in section 50-2033, Idaho Code; or

(iii) There is a plan amendment to accommodate a de-annexation in the revenue allocation area boundary; or

(iv) There is a plan amendment to support growth or development of a commercial, manufacturing, or industrial project in an existing revenue allocation area, subject to the provisions of section 50-2905A, Idaho Code.

(b) Notice of any plan modification shall state the nature of the modification and shall be provided to the state tax commission, the county clerk and the county assessor by the first Monday in June of the years following the modification.

(c) Once a modification is deemed to have occurred, the base assessment value shall be reset pursuant to this subsection.

(2) When the urban renewal agency certifies to the county clerk and state tax commission that there is outstanding indebtedness, the base value for the year immediately following the year in which the modification occurred shall be computed and adjusted irrespective of the modification to the plan, but in compliance with all other requirements for adjustment as provided in section 50-2903(4), Idaho Code. To be allowed this exception no later than the first Monday in June each year, beginning the year immediately following the year in which the modification occurred, the urban renewal agency must certify:

(a) That the indebtedness could not be repaid by the agency prior to the termination of the revenue allocation area without the allocation of property tax revenues as provided in section 50-2908, Idaho Code; and

(b) The estimated total budget to be used for paying indebtedness during each year until termination of the revenue allocation area, the amount of nonproperty tax revenue to be used by the agency to pay indebtedness each year, and the estimated amount of revenue to be allocated to the agency for the modified revenue allocation area pursuant to section 50-2908, Idaho Code, to be used for paying indebtedness. For purposes of this section "indebtedness" shall mean any bonds, including refunding bonds, notes, interim certificates, certificates of indebtedness, debentures or other obligations, together with all expenses necessary to comply with all covenants related to the indebtedness.

(3) To the extent the amount of revenue allocated to the modified revenue allocation area pursuant to section 50-2908, Idaho Code, exceeds the amount necessary to pay indebtedness certified in subsection (2)(b) of this section, the excess shall be distributed by the county clerk to each taxing district or unit in the same manner as property taxes, except that each taxing district or unit shall be notified of the amount of any distribution of excess urban renewal allocations included in any distribution. For purposes of the limitation provided by section 63-802, Idaho Code, moneys received by any taxing district or unit pursuant to this subsection shall be treated as property tax revenue.

(4) Within thirty (30) days from the time the state tax commission receives information that an urban renewal plan for a revenue allocation area has been modified, the state tax commission shall notify the urban renewal agency and the county clerk of such receipt and the determination regarding any limits on the maximum amount of property tax revenue that will be allocated to the urban renewal agency from the current year's property taxes.

History:

[50-2903A, added 2016, ch. 349, sec. 4, p. 1021; am. 2025, ch. 300, sec. 3, p. 1260.]
Idaho Code § 50-1806 — Idaho Code / Title 50 / Chapter 18 / Section 50-1806
50-1806 APPORTIONMENT OF COSTS.
Status: in_force

50-1806. Apportionment of costs. To defray the expense of conveying, controlling, distributing and apportioning such irrigation water as herein provided, the city may assess and apportion the cost thereof against the several water user or landowners using the same, according to the length of time each user or landowner may use such water, and collect such money and keep it in a separate fund to be known as the "Irrigation Fund" of such city for the purpose of paying such expense, including the assessment of the canal or irrigation companies who furnish such city with water for upkeep and maintenance thereof, upon the assigned stock held by such city, provided, that such city may pay said expense out of the general fund and provide for such payment through the general levy, if a majority of the city council so determine.

History:

[50-1806, added 1967, ch. 429, sec. 361, p. 1249.]
Idaho Code § 50-1021 — Idaho Code / Title 50 / Chapter 10 / Section 50-1021
50-1021 PREVIOUS ISSUES VALIDATED.
Status: in_force

50-1021. Previous issues validated. All bonds authorized at any city election heretofore held, as provided in said section 50-1026, or acts amendatory thereof, for the purpose of acquiring adequate plants for such city by purchase or otherwise, and by enlarging, extending repairing, altering or improving any existing city water, light and power or sewage systems, shall be deemed to have been authorized for all or any of the purposes for which such bonds may hereafter be issued under this section, and all such bonds which at such election have been heretofore authorized, when issued and sold, are hereby declared to be legal and binding obligations of such city, provided all requirements of law have been fully complied with, and the same are hereby declared to be of like force and effect as if the city, at the time such election was called and held, had possessed all the power herein granted and conferred.

History:

[50-1021, added 1967, ch. 429, sec. 181, p. 1249.]
Idaho Code § 50-1027 — Idaho Code / Title 50 / Chapter 10 / Section 50-1027
50-1027 REVENUE BONDS — SHORT TITLE.
Status: in_force

50-1027. Revenue bonds — Short title. The following fifteen (15) sections may be cited as the Revenue Bond Act.

History:

[50-1027, added 1967, ch. 429, sec. 187, p. 1249.]
Idaho Code § 50-215 — Idaho Code / Title 50 / Chapter 2 / Section 50-215
50-215 PROSECUTIONS AGAINST CORPORATIONS UNDER CITY ORDINANCE.
Status: in_force

50-215. Prosecutions against corporations under city ordinance. In all prosecutions of any corporation for a violation of any city ordinance or any forfeiture or penalty provided by ordinance of such city, it shall be sufficient to make the corporation in its corporate name a defendant and service may be procured by serving of summons upon the president, secretary, or other managing agent of such corporation; and after the return of such service, the court shall be deemed to have acquired jurisdiction of the defendant and may proceed to try said cause; and any judgment imposed by said court shall have the force and effect of a judgment in a civil suit action and execution may issue thereon, and the corporate property, rights and franchises of said defendant may be sold thereunder in satisfaction of the same. The summons herein authorized to be served upon a defendant corporation shall contain a statement that the corporation shall appear forthwith and defend said action, and in case of failure to so appear and defend, a plea of not guilty will be entered by the court and the trial will proceed as if said defendant shall have appeared. A copy of the complaint shall be attached to and served with said summons.

History:

[50-215, added 1967, ch. 429, sec. 8, p. 1249.]
Idaho Code § 50-2307 — Idaho Code / Title 50 / Chapter 23 / Section 50-2307
50-2307 EXISTING RIGHTS NOT AFFECTED.
Status: in_force

50-2307. Existing rights not affected. Any city organized under the provision of section 50-2301 through 50-2308 shall for all purposes be deemed and taken to be, in law, the identical corporation theretofore incorporated and existing under the special charter or general incorporating act; and such reorganization shall in no wise affect or impair the title to any property owned or held by such corporation or in trust therefor, or any debts, demands, liabilities, or obligations existing in favor of or against such corporation, or any proceeding then pending, nor shall the same operate to repeal or affect in any manner any ordinance theretofore passed or adopted and remaining unrepealed, or to discharge any persons from any liability, civil, criminal then existing, for any violations of any such ordinance, but such ordinances, so far as the same are not in conflict with the general laws, shall be and remain in force until repealed or amended by the said city council; provided, that proceedings theretofore commenced shall, after such reorganization, be conducted in the same manner as though the change herein provided had not taken place.

History:

[50-2307, added 1967, ch. 429, sec. 451, p. 1249.]
Idaho Code § 50-805 — Idaho Code / Title 50 / Chapter 8 / Section 50-805
50-805 GOVERNING BODY — SIZE.
Status: in_force

50-805. Governing body — Size. The governing body of any city governed by the provisions of sections 50-801 through 50-812 shall consist of five (5) or seven (7) councilmen. Should the proposition be adopted under section 50-804, the governing body shall consist of a council equal in number to the councilmen plus the mayor under the existing form of government, unless subsequently changed as provided by section 50-703.

History:

[50-805, added 1967, ch. 429, sec. 144, p. 1249.]
Idaho Code § 50-1907 — Idaho Code / Title 50 / Chapter 19 / Section 50-1907
50-1907 COOPERATION IN UNDERTAKING HOUSING PROJECTS.
Status: in_force

50-1907. Cooperation in undertaking housing projects. For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of housing projects located within the area in which it is authorized to act, any state public body may, upon such terms, with or without consideration, as it may determine: (a) Dedicate, sell, convey or lease any of its interest in any property, or grant easements, licenses or any other rights or privileges therein, to a housing authority or the federal government;

(b) Cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities or any other works which it is otherwise empowered to undertake to be furnished adjacent to or in connection with housing projects;

(c) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks or other places which it is otherwise empowered to undertake;

(d) Plan or replan, zone or rezone any part of such state public body;

(e) Cause services to be furnished to the housing authority of the character which such state public body is otherwise empowered to furnish;

(f) Enter into agreements with respect to the exercise by such state public body of its powers relating to the repair, elimination or closing or unsafe, insanitary or unfit dwellings;

(g) Do any and all things, necessary or convenient to aid and cooperate in the planning, undertaking, construction or operation of such housing projects;

(h) Incur the entire expense of any public improvements made by such state public body in exercising the powers granted in this act;

(i) Enter into agreements, which may extend over any period, notwithstanding any provision or rule of law to the contrary, with a housing authority respecting action to be taken by such state public body pursuant to any of the powers granted by this section;

(j) With respect to any housing project which a housing authority has acquired or taken over from the federal government and which the housing authority by resolution has found and declared to have been constructed in a manner that will promote the public interest and afford necessary safety, sanitation and other protection, no state public body shall require any changes to be made in the housing project or the manner of its construction or take any other action relating to such construction.

History:

[50-1907, added 1967, ch. 429, sec. 397, p. 1249.]
Idaho Code § 50-1766 — Idaho Code / Title 50 / Chapter 17 / Section 50-1766
50-1766 REPLENISHMENT OF FUND — WARRANTS — ISSUANCE AGAINST FUND — TAX LEVY.
Status: in_force

50-1766. Replenishment of fund — Warrants — Issuance against fund — Tax levy. Whenever there is not a sufficient amount of cash in said "Local Improvement Guarantee Fund," at any time to pay any and all warrants, together with interest thereon, drawn against said fund, the council may replenish said "Local Improvement Guarantee Fund" by transferring or appropriating to it, moneys from the general fund of the municipality or other available sources, as may be determined by said council, subject, however, to the limitations herein prescribed. Warrants drawing interest, as herein provided, may be issued against said "Local Improvement Guarantee Fund" to meet any financial liability against it; but at the time of making its next annual levy the municipality shall provide for the levy of a sum sufficient with other resources of the guarantee fund to pay warrants so issued and outstanding, the tax for this purpose not to exceed two hundredths percent (.02%) of the market value for assessment purposes on taxable property within the municipal corporation in any one (1) year.

History:

[50-1766, added 1967, ch. 429, sec. 351, p. 1249; am. 1995, ch. 82, sec. 26, p. 235.]
Idaho Code § 50-1407 — Idaho Code / Title 50 / Chapter 14 / Section 50-1407
50-1407 LEASES.
Status: in_force

50-1407. Leases. The mayor and council may, by resolution, authorize the lease of any real or personal property not otherwise needed for city purposes, upon such terms as the city council determines may be just and equitable.

History:

[50-1407, added 2001, ch. 331, sec. 8, p. 1164.]
Idaho Code § 50-1726 — Idaho Code / Title 50 / Chapter 17 / Section 50-1726
50-1726 RIGHTS AGAINST ASSESSMENTS.
Status: in_force

50-1726. Rights against assessments. The said bonds of any local improvement district as herein provided, when sold as hereinbefore provided, shall transfer to the owner or holder of such bonds all the rights and interest of such municipality in and with respect to every such assessment and the lien thereby created against the property of each owner assessed as shall not have availed himself of the provisions of this code, in regard to the redemption of his property as aforesaid, and shall authorize owners and holders of such bonds to receive and have collected the assessment or assessments embraced in any such bonds through any of the methods provided by law for the collection of assessments for local improvements.

Whenever any installment of an assessment or the interest thereon made for the payment of principal, or interest on such bonds so issued, is not paid when due and shall become delinquent, the municipality may by a resolution duly adopted declare all unpaid instalments against any property to pay the cost and expenses of such improvement to be immediately due, payable and delinquent, and may thereupon cause a delinquency certificate to be issued against said property for the whole of the unpaid assessment against it in the manner hereinafter provided for issuance of delinquency certificates upon any instalment of such assessment('s) becoming delinquent, and any such council must pass such resolution upon the written request of the holders of one-half (1/2) of any such bond issue, filed with the clerk.

History:

[50-1726, added 1976, ch. 160, sec. 2, p. 587.]
Idaho Code § 50-237 — Idaho Code / Title 50 / Chapter 2 / Section 50-237
50-237 BORROW MONEY.
Status: in_force

50-237. Borrow money. All cities may borrow money and pledge the credit, revenue and public property of the corporation for the payment thereof, in the manner provided by law, and to evidence the same by issuance of bonds, notes or warrants.

History:

[50-237, added 1967, ch. 429, sec. 38, p. 1249.]
Idaho Code § 50-1503 — Idaho Code / Title 50 / Chapter 15 / Section 50-1503
50-1503 ESTABLISHMENT OF RETIREMENT FUND.
Status: in_force

50-1503. Establishment of retirement fund. The city council of any city in the state of Idaho may, in accordance with sections 50-1501 through 50-1524, establish a "policeman's retirement fund" providing, that when such fund shall have been established, as hereinafter provided, it shall continue to function except that the legislature of the state of Idaho may abolish it.

History:

[50-1503, added 1967, ch. 429, sec. 255, p. 1249.]
Idaho Code § 50-1024 — Idaho Code / Title 50 / Chapter 10 / Section 50-1024
50-1024 JOINT SERVICES — BOND ELECTION IN EACH CITY.
Status: in_force

50-1024. Joint services — Bond election in each city. Whenever the proportionate share of the cost of such construction or purchase to be borne by each city has been determined, an election shall be held in each city as now provided by law in similar cases, for the purpose of determining whether or not coupon bonds shall be issued by such city in an amount equal to its proportionate share of the cost of such construction or purchase.

History:

[50-1024, added 1967, ch. 429, sec. 184, p. 1249.]
Idaho Code § 50-334 — Idaho Code / Title 50 / Chapter 3 / Section 50-334
50-334 ABATEMENT OF NUISANCES.
Status: in_force

50-334. Abatement of nuisances. Cities are empowered to declare what shall be deemed nuisances, to prevent, remove and abate nuisances at the expense of the parties creating, causing, committing or maintaining the same, to levy a special assessment as provided in section 50-1008, Idaho Code, on the land or premises whereon the nuisance is situated to defray the cost or to reimburse the city for the cost of abating the same, and this power shall extend three (3) miles beyond the city limits, provided however, that the expense of declaring, preventing, removing and abating nuisances outside the city limits shall rest with the city when the nuisance comes within the three (3) mile area by reason of expansion of city boundaries.

History:

[50-334, added 1967, ch. 429, sec. 60, p. 1249; am. 1967, ch. 431, sec. 1, p. 1417; am. 2010, ch. 79, sec. 18, p. 146.]
Idaho Code § 50-1763 — Idaho Code / Title 50 / Chapter 17 / Section 50-1763
50-1763 BONDS, WARRANTS AND COUPONS, WHEN PAID OUT OF FUND — NONPAYMENT FOR WANT OF FUNDS — INTEREST.
Status: in_force

50-1763. Bonds, warrants and coupons, when paid out of fund — Nonpayment for want of funds — Interest. Whenever any municipality has established such "Local Improvement Guarantee Fund," any bond, warrant or coupon drawn against any local improvement fund is presented to the municipality for payment and there is not sufficient amount in said local improvement fund against which to draw to pay the same, unless otherwise requested by the holder, payment therefor shall be made by warrant drawn against the "Local Improvement Guarantee Fund." Such warrants when presented to the city treasurer for payment, if not paid, shall be registered and draw interest at a rate as may be fixed by the council. Neither the holder nor the owner of any bond or warrant issued under the provisions of this act shall have any claim therefor, except for payment from the special assessments made for the improvement for which said bond or warrant was issued, and except as against the "Local Improvement Guarantee Fund" herein provided, and the municipality shall not be liable to any holder or owner of such bond or warrant for any loss to the guarantee fund occurring in the lawful operation thereof by the municipality.

History:

[50-1763, added 1967, ch. 429, sec. 348, p. 1249; am. 1980, ch. 61, sec. 10, p. 123.]
Idaho Code § 50-809 — Idaho Code / Title 50 / Chapter 8 / Section 50-809
50-809 MAYOR.
Status: in_force

50-809. Mayor. (1) At the time of installing and swearing in the councilmen following each general city election, or special election called for the purpose of electing officials, the council shall elect one (1) of their members to be designated the mayor. He shall serve for a period of two (2) years unless sooner removed by the council or becomes disqualified.

(2) By ordinance, a city may provide for the direct election of the mayor by the voters. When direct election is permitted, the mayor's position on the ballot shall replace that of one (1) councilman. Prior to the opening of the filing for candidacy for mayor, the term of the direct elected mayor shall be designated, by ordinance, as two (2) years or four (4) years. The direct elected mayor shall have no changes in his powers as defined in section 50-810, Idaho Code.

History:

[50-809, added 1967, ch. 429, sec. 148, p. 1249; am. 1975, ch. 203, sec. 1, p. 564.]
Idaho Code § 50-1523 — Idaho Code / Title 50 / Chapter 15 / Section 50-1523
50-1523 FALSE CLAIMS — PENALTY.
Status: in_force

50-1523. False claims — Penalty. Any person making a false claim for allowance of benefits or payment of money under sections 50-1501 through 50-1524, knowing the same to be false, shall be deemed guilty of presentation of a false claim against the state and shall be punished as provided by law.

History:

[50-1523, added 1967, ch. 429, sec. 275, p. 1249.]
Idaho Code § 50-1905 — Idaho Code / Title 50 / Chapter 19 / Section 50-1905
50-1905 CREATION OF HOUSING AUTHORITIES.
Status: in_force

50-1905. Creation of housing authorities. In any city of the state of Idaho, there may be created an independent public body corporate and politic to be known as a housing authority, which shall not be an agency of the city; provided, however, that such authority shall not transact any business or exercise its powers hereunder until or unless the governing body of the city, by proper resolution, shall declare, at any time hereafter, that there is need for an authority to function in such city. The determination, as to whether or not there is such need for an authority to function (a) may be made by the governing body on its own motion or (b) shall be made by the governing body upon the filing of a petition signed by twenty-five (25) residents of the city, asserting that there is need for an authority to function in such city and requesting that the governing body so declare.

The governing body shall adopt a resolution declaring that there is need for a housing authority in the city if it shall find (a) that insanitary or unsafe inhabited dwelling accommodations exist in such city or (b) that there is a shortage of safe or sanitary dwelling accommodations in such city available to persons of low income or rentals they can afford. In determining whether dwelling accommodations are unsafe or insanitary, said governing body may take into consideration the degree of overcrowding, the percentage of land coverage, the light, air, space and access available to the inhabitants of such dwelling accommodations, the size and arrangement of the rooms, the sanitary facilities and the extent to which conditions exist in such building which endanger life or property by fire or other causes.

Nothing in this act shall prevent governing bodies from jointly creating by resolution an independent public body corporate and politic to carry out and effectuate the purposes and provisions of this act and to serve the best interests of their respective citizenry.

In any suit, action or proceeding, involving the validity or enforcement of or relating to any contract of the authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder upon proof of the adoption of resolution by the governing body declaring the need for the authority. Such resolution or resolutions shall be deemed sufficient if it declares that there is such need for an authority and finds in substantially the foregoing terms, no further detail being necessary, that either or both of the above enumerated conditions exist in the city. A copy of such resolution, duly certified by the clerk, shall be admissible in evidence in any suit, action or proceeding.

History:

[50-1905, added 1967, ch. 429, sec. 395, p. 1249; am. 1998, ch. 367, sec. 7, p. 1153.]
Idaho Code § 50-1022 — Idaho Code / Title 50 / Chapter 10 / Section 50-1022
50-1022 JOINT SERVICES.
Status: in_force

50-1022. Joint services. In addition to the authority contained in the foregoing sections and in sections 67-2326 through and including 67-2333, Idaho Code, it shall be lawful for two (2) or more cities, so situated with reference to each other that it is practicable and convenient to furnish the said inhabitants thereof with water, power or sewerage from a single plant and system, to join in the construction or purchase of such plant or system upon a substantial compliance with the provisions of sections 50-1022 to 50-1025, Idaho Code, and not otherwise.

History:

[50-1022, added 1967, ch. 429, sec. 182, p. 1249; am. 1971, ch. 10, sec. 1, p. 22.]
Idaho Code § 50-1765 — Idaho Code / Title 50 / Chapter 17 / Section 50-1765
50-1765 MAINTENANCE AND OPERATION AND SOURCES OF FUND.
Status: in_force

50-1765. Maintenance and operation and sources of fund. The council shall prescribe rules and regulations for the maintenance and operation of the guarantee fund not inconsistent herewith. After the creation of such fund, all money derived from the assignment of delinquency certificates, redemptions, sale of property under foreclosure for delinquent assessments, or from the rent or sale of property, title to which has been obtained by the municipality pursuant to this code, shall be paid into the "Local Improvement Guarantee Fund," and all delinquency certificates issued and such property acquired shall be held by the municipality for the benefit of such guarantee fund. Money from the guarantee fund may be used to redeem property subject to local improvement assessments from general tax delinquencies, underlying bonds or warrants guaranteed by the fund, or to purchase such property as county tax sales or otherwise, from the county for the purpose of protecting the guarantee fund. After so acquiring title to real property, the municipality may lease or sell and convey the same for such price and on such terms as may be determined by the council, and any provision of law, charter or ordinance to the contrary notwithstanding, and all proceeds resulting therefrom shall belong to and be paid into the guarantee fund, provided, however, that in any event the municipality purchases such property at tax sale or otherwise it shall not be sold for a lesser sum than the city paid therefor.

History:

[50-1765, added 1967, ch. 429, sec. 350, p. 1249.]
Idaho Code § 50-2723 — Idaho Code / Title 50 / Chapter 27 / Section 50-2723
50-2723 CONSTRUCTION — SUPPLEMENTAL NATURE OF CHAPTER.
Status: in_force

50-2723. Construction — Supplemental nature of chapter. This chapter supplements and neither restricts nor limits any powers which a municipality or presently authorized corporation might otherwise have under any laws of this state.

History:

[50-2723, added 1982, ch. 119, sec. 1, p. 337.]
Idaho Code § 50-2014 — Idaho Code / Title 50 / Chapter 20 / Section 50-2014
50-2014 PROPERTY EXEMPT FROM TAXES AND FROM LEVY AND SALE BY VIRTUE OF AN EXECUTION.
Status: in_force

50-2014. Property exempt from taxes and from levy and sale by virtue of an execution. (a) All property of an urban renewal agency, including funds, owned or held by it for the purposes of this act shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall judgment against an agency be a charge or lien upon such property: Provided, however, that the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of and pledge or lien given pursuant to this act by an agency on its rents, fees, grants or revenues from urban renewal projects.

(b) The property of an urban renewal agency, acquired or held for the purposes of this act, is declared to be public property used for essential public and governmental purposes and effective the date an urban renewal agency acquires title to such property it shall be exempt from all taxes of the municipality, the county, the state or any political subdivision thereof: Provided, that such tax exemption shall terminate when the agency sells, leases or otherwise disposes of such property in an urban renewal area for redevelopment to a purchaser or lessee which is not a public body entitled to tax exemption with respect to such property.

History:

[50-2014, added 1965, ch. 246, sec. 14, p. 600; am. 1972, ch. 156, sec. 3, p. 344.]
Idaho Code § 50-1714 — Idaho Code / Title 50 / Chapter 17 / Section 50-1714
50-1714 HEARING OBJECTIONS TO ASSESSMENT ROLL AND CONFIRMATION.
Status: in_force

50-1714. Hearing objections to assessment roll and confirmation. At the time appointed for hearing objections to such assessment roll, the council shall consider the engineer's report and the assessment roll and shall hear and determine all objections which have been filed by any party interested to the regularity of the proceedings in making such assessment, to the correctness of such assessment, to the amount levied on any particular lot or parcel of land, including the benefits accruing thereon and the proper proportionate share of the total cost of the improvements to be borne thereby and to the inclusion of any lot or parcel of land in the proposed district. The council shall have the power (a) to adjourn such hearing from time to time and, in its discretion, to revise, correct, conform or set aside any assessment and to order that such assessment be made de novo, and (b) to exclude any lot or parcel of land from an assessment roll which, in the judgment of the council, it finds will not be benefited by improvements to be made. If any assessments are increased in an amount greater than twenty per cent (20%) of the amount of the assessments as set out in the notice of the hearing, then a new notice of the hearing shall be given and a new hearing held as aforesaid. No new hearing shall be required in the event that any assessments are decreased in any amount or are increased in an amount up to twenty per cent (20%) of the original amount.

History:

[50-1714, added 1976, ch. 160, sec. 2, p. 578.]
Idaho Code § 50-1831 — Idaho Code / Title 50 / Chapter 18 / Section 50-1831
50-1831 ADJUSTMENT AND SETTLEMENT OF ACCOUNTS WITH IRRIGATION SYSTEM IN OPERATION.
Status: in_force

50-1831. Adjustment and settlement of accounts with irrigation system in operation. Any city operating an irrigation system under the provisions of sections 50-1801 through 50-1835 which desires to acquire and operate or acquire or operate a city irrigation system as provided under sections 50-1801 through 50-1835 shall cause the accounts between themselves and any irrigation or canal company or irrigation district, as the case may be, to be adjusted and settled at the time such city shall commence to operate a city irrigation system under the provisions of this act.

History:

[50-1831, added 1967, ch. 429, sec. 386, p. 1249.]
Idaho Code § 50-346 — Idaho Code / Title 50 / Chapter 3 / Section 50-346
50-346 MUNICIPALITY PROHIBITIONS ON UTILITY CONNECTIONS.
Status: in_force

50-346. MUNICIPALITY PROHIBITIONS ON UTILITY CONNECTIONS. No municipality, city, incorporated or unincorporated area, special use district, or any other local government entity of any kind may enact or implement any resolution, policy, or ordinance that:

(1) Prohibits, or has the effect of prohibiting, the authorized connection or reconnection of an electric, natural gas, propane, or other energy utility service provided by a public utility, municipality, or cooperative utility;

(2) Restricts, or has the effect of restricting, the source of the electricity, natural gas, propane, or other energy utility service provided by a public utility, municipality, or cooperative utility; or

(3) Requires residents or businesses within the municipality to use a particular type or generation source of electricity, natural gas, propane, or other fuel.

History:

[50-346, added 2023, ch. 55, sec. 2, p. 207.]
Idaho Code § 50-331 — Idaho Code / Title 50 / Chapter 3 / Section 50-331
50-331 CONTROL OF WATERS.
Status: in_force

50-331. Control of waters. Cities may establish, alter and change the channels of watercourses and wall or cover the same within the boundaries of the city and outside the corporate limits to the extent necessary to preserve the watercourse.

History:

[50-331, added 1967, ch. 429, sec. 52, p. 1249.]
Idaho Code § 50-217 — Idaho Code / Title 50 / Chapter 2 / Section 50-217
50-217 PAYMENT OF JUDGMENTS.
Status: in_force

50-217. Payment of judgments. The city council shall have power to order paid any final judgment against such city, but none of its lands or property of any kind or nature, taxes, revenues, franchises, rates or interest shall be attached, levied upon or sold in or under any process whatsoever.

History:

[50-217, added 1967, ch. 429, sec. 10, p. 1249.]
Idaho Code § 50-2514 — Idaho Code / Title 50 / Chapter 25 / Section 50-2514
50-2514 CIVIL ACTIONS — INCORPORATION OF SECTIONS 50-1725 THROUGH 50-1727, INCLUSIVE — STATUTE OF LIMITATIONS.
Status: in_force

50-2514. Civil actions — Incorporation of sections 50-1725 through 50-1727, inclusive — Statute of limitations. Sections 50-1725 through 50-1727, inclusive, Idaho Code, are incorporated herein by this reference as though set out at length herein. Without changing the intent or effect of the incorporated sections, the following paragraph of this section shall be an additional limitation of any or all actions to test the validity of this chapter.

If an ordinance be adopted establishing the assessment or assessments pursuant to this chapter, such ordinances shall be final and conclusive against all persons, unless an action attacking the validity of any part or all of this law or any or all of the acts or matters contemplated by this law shall be commenced in a court of competent jurisdiction within thirty (30) days after the adoption of the assessment ordinance. Thereafter, any such action shall be perpetually barred and the organization of said district, the assessment levied pursuant thereto, or any other act or matter contemplated by this statute shall not be directly or collaterally questioned in any suit, action, or proceeding. Any such action shall be given preference over all civil cases pending in the courts of the state except proceedings relating to acts of eminent domain by cities and actions of forcible entry and detainer. If such action is unsuccessful, the courts may order the plaintiff to pay the costs thereof, and, in its discretion, may require a bond in a sufficient amount to cover such costs at the commencement of such action. The burden of proof to show that such special assessment or part thereof invalid, inequitable or unjust shall rest upon the party who brings such suit.

History:

[50-2514, as added by 1971, ch. 212, sec. 1, p. 923.]
Idaho Code § 50-1724 — Idaho Code / Title 50 / Chapter 17 / Section 50-1724
50-1724 BOND AND INTEREST FUNDS.
Status: in_force

50-1724. Bond and interest funds. Once bonds are issued as provided herein, any funds paid as instalment payments of assessments pledged to the payment of such bonds shall be kept in a fund known as the "bond fund" of the district and any funds paid as interest on said instalment payments of assessments shall be kept in a fund known as the "interest fund" of the district. The funds shall be deposited in such bank or banks as are designated as depositors of public moneys of such municipalities under the laws of this state, or invested in bonds or warrants of the municipality. Interest received on such funds so deposited or invested shall be placed to the credit of the fund from which it is earned. Maturing bonds shall be paid from the bond fund and the interest on the bonds, when due, shall be paid from the interest fund. If there is sufficient money in the bond fund to pay the principal of one or more bonds, the treasurer may call in and pay such bonds as of the next interest payment date in such manner as may be provided by the council at the time of the issuance of the bonds. The bonds to be called shall be selected by lot and shall, in the event less than all of the outstanding bonds are to be redeemed, insofar as can be done taking into consideration the denominations of the outstanding bonds, represent an equal amount of bonds from each maturity outstanding at the time of the redemption.

History:

[50-1724, added 1976, ch. 160, sec. 2, p. 586.]
Idaho Code § 50-2702 — Idaho Code / Title 50 / Chapter 27 / Section 50-2702
50-2702 DEFINITIONS.
Status: in_force

50-2702. Definitions. As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

(1) "Board of directors" means the board of directors of a public corporation.

(2) "Construction" or "construct" means construction and acquisition, whether by devise, purchase, gift, lease or otherwise.

(3) "Facilities" mean land, rights in land, buildings, structures, machinery, landscaping, extension of utility services, approaches, roadways and parking, handling and storage areas, and similar auxillary facilities.

(4) "Financing document" means a lease, sublease, installment sale agreement, conditional sale agreement, loan agreement, mortgage, deed of trust guaranty agreement or other agreement for the purpose of providing funds to pay or secure, debt service on revenue bonds.

(5) "Improvement" means reconstruction, remodeling, rehabilitation, extension, and enlargement, and "to improve" means to reconstruct, to remodel, to rehabilitate, to extend, and to enlarge.

(6) "Industrial development facilities" mean manufacturing, processing, production, assembly, warehousing, solid waste disposal, recreation and energy facilities, excluding facilities to transmit, distribute or produce electrical energy. Recreation facilities, as used in this chapter, shall be limited to ski areas. However, funds raised pursuant to this chapter for ski areas shall be limited in application to the acquisition and preparation of land, acquisition and construction of ski lifts, lighting of ski slopes, construction of access and interior roadways, parking lots, maintenance facilities and maintenance equipment, administrative facilities, and utilities.

(7) "Municipality" means a city or county of this state.

(8) "Ordinance" means any appropriate method of taking official action or adopting a legislative decision by any municipality, whether known as a resolution, ordinance or otherwise.

(9) "Project costs" mean costs of:

(a) Acquisition, construction and improvement of any facilities included in an industrial development facility;

(b) Architectural, engineering, consulting, accounting, and legal costs related directly to the development, financing, and construction of an industrial development facility, including costs of studies assessing the feasibility of an industrial development facility, and including all administrative costs incurred before the issuance of the bonds;

(c) Finance costs, including discounts, if any, the costs of issuing revenue bonds, and costs incurred in carrying out any trust agreement;

(d) Interest during construction and interest on revenue bonds issued to finance such facility to a date no later than six (6) months subsequent to the estimated date of completion, and capitalized debt service or repair and replacement or other appropriate reserves;

(e) The refunding of any outstanding obligations incurred for any of the costs outlined in this subsection; and

(f) Other costs incidental to any of the costs listed in this section.

(10) "Revenue bond" means a nonrecourse revenue bond, nonrecourse revenue note or other nonrecourse revenue obligation issued for the purpose of financing an industrial development facility on an interim or permanent basis.

(11) "User" means any individual, partnership, copartnership, firm, company, corporation, investor-owned utility, association, joint stock company, trust, estate, or any other legal entity, or their legal representatives, agents, or assigns acting as lessee, purchaser, mortgagor or borrower under a financing document and may include a party who transfers the right of use and occupancy to another party by lease, sublease or otherwise.

History:

[50-2702, added 1982, ch. 119, sec. 1, p. 327.]
Idaho Code § 50-1025 — Idaho Code / Title 50 / Chapter 10 / Section 50-1025
50-1025 JOINT SERVICES — COMMITTEE FOR CONSTRUCTION OR PURCHASE.
Status: in_force

50-1025. Joint services — Committee for construction or purchase. If, in each of said cities the question of issuing bonds for the construction or purchase of such systems, plants and equipment shall have been favorably decided by the electors of such city, said bonds shall be issued as now provided by law, and the city councils of the cities in question shall meet, and organize and appoint a committee to be composed of their own members, upon which each of said cities shall have equal representation, for the purpose of constructing such plants and systems or for purchasing the same if such is available. The said committee shall have all necessary power to make contracts for the construction or purchase of such plants and systems and to bind the said cities as herein contemplated.

History:

[50-1025, added 1967, ch. 429, sec. 185, p. 1249.]
Idaho Code § 50-1745 — Idaho Code / Title 50 / Chapter 17 / Section 50-1745
50-1745 NOTICE OF EXPIRATION OF TIME OF REDEMPTION.
Status: in_force

50-1745. Notice of expiration of time of redemption. The treasurer shall, at least one (1) month and not more than three (3) months before the expiration of the time of redemption of any property, serve or cause to be served, a written or printed, or partly written and partly printed notice on the person or persons in the actual possession or occupancy of such land or lots, and shall also, within the same time, serve upon or mail to, the person in whose name the same stands upon the assessment records in the county assessor's office, a copy of said notice; which notice shall state when the delinquency certificate was made, in whose name the property was assessed, the description of the land or lots, the name of the local improvement district for which assessed, the amount of the assessment or instalment, and when the time of redemption will expire. The treasurer shall at the same time send a similar notice, by mail, to each mortgagee or other holder of a recorded lien against such land, in each case where such mortgagee or lienholder has previously filed in the office of the treasurer a written request for such notice and paid the fee therefor, which request shall include the name and address of the mortgagee, the name of the reputed owner of the land, a description of the land and the date of the expiration of the mortgage or lien; no notice need be sent after the date of expiration, unless a further request therefor be duly filed. If the mortgagee or lienholder shall furnish a duplicate form of request for that purpose the treasurer shall certify thereon to the filing of the request and deliver the same to the party filing it. If there is no person in actual possession or occupancy of such land or lot and if the persons in whose name it stands, upon diligent inquiry cannot be found in the state, then the treasurer shall, within the same time, post or have posted, a copy of said notice in a conspicuous place upon said land or lots and in a substantial manner.

Whenever any notice is mailed, as herein required, the fact that the addressee does not receive it, shall not in any manner invalidate or affect the proceedings herein provided.

History:

[50-1745, added 1967, ch. 429, sec. 331, p. 1249.]
Idaho Code § 50-220 — Idaho Code / Title 50 / Chapter 2 / Section 50-220
50-220 ACQUISITION AND CONTROL OF LANDS OUTSIDE CORPORATE LIMITS — PURPOSE.
Status: in_force

50-220. Acquisition and control of lands outside corporate limits — Purpose. Cities are hereby authorized to acquire by purchase, lease or otherwise, lands outside of their respective corporate limits and to own, control, regulate and administer lands so acquired, either directly by said corporations or through any governmental agency or other agency.

History:

[50-220, added 1967, ch. 429, sec. 13, p. 1249.]
Idaho Code § 50-208A — Idaho Code / Title 50 / Chapter 2 / Section 50-208A
50-208A DUTIES OF CITY ATTORNEY.
Status: in_force

50-208A. Duties of city attorney. (1) The city attorney shall be the legal advisor of the municipal corporation, may represent the city in all suits or proceedings in which the city is interested, and shall perform such other duties as may be prescribed by ordinances and resolutions duly passed. Nothing herein, however, shall preclude any city from employing alternative additional counsel when deemed advisable.

(2) The city attorney, his deputies, or contract counsel shall prosecute those violations of county or city ordinances, state traffic infractions, and state misdemeanors committed within the municipal limits. In so doing, the city attorney, his deputies, or contract counsel shall exercise the same powers as the county prosecutor including, but not limited to, granting immunity to witnesses.

History:

[50-208A, added 1989, ch. 292, sec. 2, p. 720.]
Idaho Code § 50-1320 — Idaho Code / Title 50 / Chapter 13 / Section 50-1320
50-1320 VESTING OF TITLE ON VACATION.
Status: in_force

50-1320. Vesting of title on vacation. The part so vacated, if it be a lot or tract, shall vest in the rightful owner, who may have the title thereof according to law; or if a public square or common, the property may vest in the proper county, or if in a city, the property shall vest in the council for the use of such city, and the proper authorities may sell the same, and make a title to the purchaser thereof, and appropriate the proceeds thereof for the benefit of said corporation or county, as the case may be; or if the same be a street, all right and title thereto shall be distributed in accordance with section 50-311.

History:

[50-1320, added 1967, ch. 429, sec. 238, p. 1249.]
Idaho Code § 50-1007 — Idaho Code / Title 50 / Chapter 10 / Section 50-1007
50-1007 CERTIFICATION AND COLLECTION OF CITY TAXES.
Status: in_force

50-1007. Certification and collection of city taxes. The council of each city not later than the second Monday in September, as provided in section 63-803(3), Idaho Code, shall certify to the county commissioners of the county, the total amount required from a property tax upon property within the city to raise the amount of money fixed by their budget as previously approved which shall include all special taxes assessed as provided by law. The amount which may be so certified, assessed and collected shall not exceed the maximum levy provided by section 50-235, Idaho Code, to defray its general expenses for either the current or the ensuing fiscal year, together with any special taxes, authorized under the provisions of this act, and such tax as may be authorized by law to be levied for the payment of outstanding bonds and debts. In all sales for delinquent city taxes, if there be other delinquent taxes from the same person, or lien upon the same property, the sale shall be for all the delinquent taxes; and such sales and all sales made under and by virtue of this section or the provisions of law herein referred to shall be of the same validity, and in all respects be deemed and treated as though sales had been made for delinquent state and county taxes exclusively.

History:

[50-1007, added 1967, ch. 429, sec. 167, p. 1249; am. 1972, ch. 14, sec. 1, p. 18; am. 1976, ch. 45, sec. 7, p. 126; am. 1977, ch. 184, sec. 1, p. 514; am. 1996, ch. 322, sec. 51, p. 1079.]
Idaho Code § 50-1520 — Idaho Code / Title 50 / Chapter 15 / Section 50-1520
50-1520 INSURANCE OF RISKS.
Status: in_force

50-1520. Insurance of risks. In event the board of police retirement fund commissioners shall determine that there are risks arising under the terms of sections 50-1501 through 50-1524 which may be made the subject of insurance against loss to the fund created herein, said commission is hereby authorized at its discretion, to insure such risks. In event of such insurance, the premiums therefor shall be paid from the fund created hereby as other claims are paid; provided, that such insurance shall not in any event be insurance of any individual but exclusively insurance of the fund itself against loss.

History:

[50-1520, added 1967, ch. 429, sec. 272, p. 1249.]
Idaho Code § 50-2201 — Idaho Code / Title 50 / Chapter 22 / Section 50-2201
50-2201 PETITION FOR DISINCORPORATION.
Status: in_force

50-2201. Petition for disincorporation. A city existing under the laws of this state may disincorporate after proceedings had as required by sections 50-2201 through 50-2213, Idaho Code. The council shall, upon receiving a petition therefor, signed by not less than one-half (1/2) of the qualified electors thereof as shown by the vote cast at the last general city election held therein, submit the question of whether such city shall disincorporate to the electors of such corporation. In case such council shall cease to exist or fail to function for a period of two (2) years or more, the petition for said disincorporation of such city signed by a majority of the residents living within said city, shall be filed with the board of county commissioners of the county in which said city is situated. Upon the filing of such petition, showing that the council has failed to function for at least two (2) years prior thereto or has ceased to exist, such board of county commissioners shall have full power and authority to take all proceedings therein as it is authorized by sections 50-2201 through 50-2213, Idaho Code, to disincorporate said city.

History:

[50-2201, added 1967, ch. 429, sec. 432, p. 1249; am. 2009, ch. 341, sec. 134, p. 1059.]
Idaho Code § 50-1727 — Idaho Code / Title 50 / Chapter 17 / Section 50-1727
50-1727 PUBLICATION AND CONCLUSIVENESS OF PROCEEDINGS.
Status: in_force

50-1727. Publication and conclusiveness of proceedings. The council may provide for the publication of any ordinance, resolution or other proceeding adopted by it pursuant to this code in the official newspaper of the municipality. For a period of thirty (30) days after such publication any person in interest shall have the right to contest the legality of such ordinance, resolution or proceeding or any bonds which may be authorized thereby. No contest or proceeding to question the validity or legality of any ordinance, resolution or proceeding, or any bonds which may be authorized thereby, passed or adopted under the provisions of this code shall be brought in any court by any person for any cause whatsoever, after the expiration of thirty (30) days from the date when the ordinance, resolution or proceeding was published, and after such time the validity, legality and regularity of such ordinance, resolution or proceeding or any bonds authorized thereby shall be conclusively presumed. If the question of validity of any bonds issued pursuant to this code is not raised within thirty (30) days from the date of publication of the ordinance, resolution or proceeding issuing said bonds and fixing their terms, the authority to issue the bonds, the legality thereof and of the assessments necessary to pay the same shall be conclusively presumed and no court shall thereafter have authority to inquire into such matters.

History:

[50-1727, added 1976, ch. 160, sec. 2, p. 587.]
Idaho Code § 50-404 — Idaho Code / Title 50 / Chapter 4 / Section 50-404
50-404 REGISTRATION OF ELECTORS.
Status: in_force

50-404. Registration of electors. All electors must register before being able to vote at any municipal election. The county clerk shall be the registrar for all city elections and shall conduct voter registration for each city pursuant to the provisions of chapter 4, title 34, Idaho Code. To be eligible to register to vote in city elections, a person shall be at least eighteen (18) years of age, a citizen of the United States and a resident of the city for at least thirty (30) days next preceding the election at which he desires to vote, or a resident of an area annexed by a city pursuant to the provisions of chapter 2, title 50, Idaho Code.

History:

[(50-404) 50-414, added 1993, ch. 379, sec. 4, p. 1394; am. and redesig. 2009, ch. 341, sec. 105, p. 1051.]
Idaho Code § 50-2027 — Idaho Code / Title 50 / Chapter 20 / Section 50-2027
50-2027 LIMITATIONS ON REVIEW OF ADOPTION OR MODIFICATION OF PLAN, AND ISSUANCE OF BONDS.
Status: in_force

50-2027. Limitations on review of adoption or modification of plan, and issuance of bonds. (1) No direct or collateral action attacking or otherwise questioning the validity of any urban renewal plan, project or modification thereto (including one containing a revenue allocation provision), or the adoption or approval of such plan, project or modification, or any of the findings or determinations of the agency or the local governing body in connection with such plan, project or modification, shall be brought prior to the effective date of the ordinance adopting or modifying the plan. No direct or collateral action attacking or otherwise questioning the validity of bonds issued pursuant to section 50-2012, Idaho Code, or section 50-2026(a), Idaho Code, shall be brought prior to the effective date of the resolution or ordinance authorizing such bonds.

(2) For a period of thirty (30) days after the effective date of the ordinance or resolution, any person in interest shall have the right to contest the legality of such ordinance, resolution or proceeding or any bonds which may be authorized thereby. No contest or proceeding to question the validity or legality of any ordinance, resolution or proceeding, or any bonds which may be authorized thereby, passed or adopted under the provisions of this chapter shall be brought in any court by any person for any cause whatsoever, after the expiration of thirty (30) days from the effective date of the ordinance, resolution or proceeding, and after such time the validity, legality and regularity of such ordinance, resolution or proceeding or any bonds authorized thereby shall be conclusively presumed. If the question of the validity of any adopted plan or bonds issued pursuant to this chapter is not raised within thirty (30) days from the effective date of the ordinance, resolution or proceeding issuing said bonds and fixing their terms, the authority of the plan, the authority adopting the plan, or the authority to issue the bonds, and the legality thereof, the same shall be conclusively presumed and no court shall thereafter have authority to inquire into such matters.

History:

[50-2027, added 1987, ch. 258, sec. 10, p. 533; am. 1990, ch. 430, sec. 6, p. 1194.]
Idaho Code § 50-224 — Idaho Code / Title 50 / Chapter 2 / Section 50-224
50-224 EFFECT OF ANNEXATION — CEMETERY DISTRICTS EXEMPTED.
Status: in_force

50-224. Effect of annexation — Cemetery districts exempted. Upon compliance with the provisions of section 63-215, Idaho Code, all the property situated within the said annexed territory shall be subject to taxation as other property and persons within the corporate limits of such city, as though said annexed portion had been a part of the said city from the date of its incorporation.

When the annexed area or any part thereof is situated in any district, organized under the laws of this state, and said district is supported in whole or in part by taxes levied upon the annexed territory or any part thereof, and said district provides the same or similar services as that provided by the annexing city, the annexed area shall, upon the filing of the certified copy of said ordinance, be relieved of all liability for levies, taxes and assessments made by said district after the calendar year in which said annexation occurred. The purpose of this section is to prevent duplicate taxation of said annexed area for the same or similar services by such district and the annexing city.

The filing of the certified copy of said ordinance shall constitute a withdrawal of said annexed territory from the district, offering the same or similar services to the annexed territory as the annexing city, which withdrawal shall be effective as of December 31 of the calendar year of annexation, such withdrawal shall have the same effect as if the withdrawal had been made by the statutory procedure for withdrawing from such district.

However, this section shall not apply to public cemetery districts created prior to the date of the annexation ordinance, and that the annexing city may not levy taxes for cemetery maintenance within the bounds of an existing cemetery district. Cities which have heretofore levied taxes for cemetery maintenance on property within an existing cemetery district shall discontinue that practice from and after the date this act becomes effective.

History:

[50-224, added 1967, ch. 429, sec. 17, p. 1249; am. 1967, ch. 432, sec. 1, p. 1418; am. 1970, ch. 47, sec. 1, p. 97; am. 1996, ch. 322, sec. 48, p. 1077.]
Idaho Code § 50-2505 — Idaho Code / Title 50 / Chapter 25 / Section 50-2505
50-2505 RESOLUTION FOR COST AND FEASIBILITY STUDY.
Status: in_force

50-2505. Resolution for cost and feasibility study. Any governing body may on its own initiative, or upon a petition signed by at least sixty per cent (60%) of the resident owners of property subject to assessment within such proposed improvement district requesting the creation of an improvement district as provided for in this chapter, pass a resolution by the affirmative vote of three-fourths (3/4) of all members of the governing body at any regular or special meeting declaring that it finds that the improvement district is in the public interest. It must be determined that the formation of the local improvement district for a purpose set out in this chapter will promote the public convenience, necessity, and welfare. The resolution must state that costs and expenses will be levied and assessed upon the property benefited and further request that the appropriate public utility serving such area by overhead electric or communication facilities shall, within one hundred twenty (120) days after the receipt of the resolution, make a study of the cost of extension or conversion of its facilities. The resolution shall provide for payment of the public utility's costs and expenses associated with preparing the costs and feasibility report in the event the improvement district is not created. The report of said study shall be provided to the governing body and made available in its office to all owners of land within the proposed improvement district. The resolution of the governing body shall require that the public utility be provided with the name and address of the owner of each parcel or lot within the proposed improvement district, if known, and if not known, the description of the property and such other matters as may be required by the public utility in order to perform the work involved in the cost study. The study shall further list each lot or parcel within the proposed improvement impact area. The appropriate public utility serving such improvement district area shall, within one hundred twenty (120) days after receipt of the resolution, make a study of the costs of extension or of conversion, and shall provide the governing body and make available at its office a joint report of the results of the study.

History:

[50-2505, as added by 1971, ch. 212, sec. 1, p. 923; am. 1991, ch. 301, sec. 4, p. 792.]
Idaho Code § 50-2106 — Idaho Code / Title 50 / Chapter 21 / Section 50-2106
50-2106 RESULTS OF ELECTION CERTIFIED TO SECRETARY OF STATE.
Status: in_force

50-2106. Results of election certified to secretary of state. If a majority of the qualified electors of each city vote in favor of consolidation, the county clerk shall certify the results of the election to the board of county commissioners. The county clerk shall transmit the original abstract of the results of the election to the board of county commissioners. The county clerk shall thereupon transmit the original abstract of the results of the election to the office of the secretary of state. Upon receipt of the original abstract, the secretary of state shall transmit to the county clerk a certificate indicating that the original abstract has been received and filed in his office.

History:

[50-2106, added 1967, ch. 429, sec. 423, p. 1249; am. 2009, ch. 341, sec. 131, p. 1059.]
Idaho Code § 50-1032 — Idaho Code / Title 50 / Chapter 10 / Section 50-1032
50-1032 PROJECTS TO BE SELF-SUPPORTING.
Status: in_force

50-1032. Projects to be self-supporting. The council of a city issuing bonds pursuant to this act shall prescribe and collect reasonable rates, fees, tolls or charges for the services, facilities and commodities furnished by such works or rehabilitated existing electrical generating facilities, and shall revise such rates, fees, tolls or charges from time to time, to provide that all such works or rehabilitated existing electrical generating facilities shall be and always remain self-supporting. The rates, fees, tolls or charges prescribed shall be such as will produce revenue at least sufficient, (a) to pay when due all bonds and interest thereon for the payment of which such revenue is or shall have been pledged, charged or otherwise encumbered including reserves therefor, and (b) to provide for all expenses of operation and maintenance of such works or rehabilitated existing electrical generating facilities, including reserves therefor.

History:

[50-1032, added 1967, ch. 429, sec. 192, p. 1249; am. 1977, ch. 50, sec. 4, p. 95.]
Idaho Code § 50-2207 — Idaho Code / Title 50 / Chapter 22 / Section 50-2207
50-2207 DISPOSITION OF RECORDS.
Status: in_force

50-2207. Disposition of records. Upon the disincorporation of said city, every public officer of said city shall immediately turn over, to the board of county commissioners of the county in which said corporation is situated, all public property of every nature and description in their possession.

History:

[50-2207, added 1967, ch. 429, sec. 438, p. 1249; am. 2010, ch. 35, sec. 3, p. 65.]
Idaho Code § 50-2208 — Idaho Code / Title 50 / Chapter 22 / Section 50-2208
50-2208 PAYMENT OF INDEBTEDNESS.
Status: in_force

50-2208. Payment of indebtedness. Nothing contained in sections 50-2201 through 50-2213 shall relieve said city or the territory included in it, from any liability for any debt contracted by such city prior to its disincorporation. All warrants for said indebtedness shall be drawn, by the board of county commissioners of the county in which said corporation is situated, on the fund herein above provided in the county treasury.

History:

[50-2208, added 1967, ch. 429, sec. 439, p. 1249.]
Idaho Code § 50-1306 — Idaho Code / Title 50 / Chapter 13 / Section 50-1306
50-1306 EXTRATERRITORIAL EFFECTS OF SUBDIVISION — PROPERTY WITHIN THE AREA OF CITY IMPACT — RIGHTS OF CITY TO COMMENT.
Status: in_force

50-1306. Extraterritorial effects of subdivision — Property within the area of city impact — Rights of city to comment. All plats situate within an officially designated area of city impact as provided for in section 67-6526, Idaho Code, shall be administered in accordance with the provisions set forth in the adopted city or county zoning and subdivision ordinances having jurisdiction. In the situation where no area of city impact has been officially adopted, the county with jurisdiction shall transmit all proposed plats situate within one (1) mile outside the limits of any incorporated city which has adopted a comprehensive plan or subdivision ordinance to said city for review and comment at least fourteen (14) days before the first official decision regarding the subdivision is to be made by the county. Items which may be considered by the city include, but are not limited to, continuity of street pattern, street widths, integrity and continuity of utility systems and drainage provisions. The city's subdivision ordinance and/or comprehensive plan shall be used as guidelines for making the comments hereby authorized. The county shall consider all comments submitted by the city. Where the one (1) mile area of impact perimeter of two (2) cities overlaps, both cities shall be notified and allowed to submit comments.

History:

[50-1306, added 1967, ch. 429, sec. 224, p. 1249; am. 1979, ch. 88, sec. 2, p. 215; am. 1999, ch. 391, sec. 1, p. 1088.]
Idaho Code § 50-2016 — Idaho Code / Title 50 / Chapter 20 / Section 50-2016
50-2016 TITLE OF PURCHASER.
Status: in_force

50-2016. Title of purchaser. Any instrument executed by an urban renewal agency and purporting to convey any right, title or interest in any property under this act shall be conclusively presumed to have been executed in compliance with the provisions of this act insofar as title or other interest of any bona fide purchasers, lessees or transferees of such property is concerned.

History:

[50-2016, added 1965, ch. 246, sec. 16, p. 600.]
Idaho Code § 50-1834 — Idaho Code / Title 50 / Chapter 18 / Section 50-1834
50-1834 MANNER OF ACQUIRING OR ESTABLISHING CITY IRRIGATION SYSTEM — POWER OF CITIES.
Status: in_force

50-1834. Manner of acquiring or establishing city irrigation system — Power of cities. Cities within this state are hereby authorized to adopt and use any one or all of the methods in this act provided for acquiring or establishing a city irrigation system, and cities and irrigation districts and corporations of this state are by sections 50-1801 through 50-1835 authorized to make, execute and deliver any and all contracts, indentures, deeds and instruments necessary and proper to put sections 50-1801 through 50-1835 into effect and to carry out the provisions hereof and to do any and all things necessary to put into effect and carry out the provisions of sections 50-1801 through 50-1835.

History:

[50-1834, added 1967, ch. 429, sec. 389, p. 1249.]
Idaho Code § 50-1034 — Idaho Code / Title 50 / Chapter 10 / Section 50-1034
50-1034 PRELIMINARY EXPENSES.
Status: in_force

50-1034. Preliminary expenses. The city may provide for the payment of all necessary preliminary expenses actually incurred in the making of surveys, estimates of costs and revenues, employment of engineers and other employees, making of notices, taking of options, legal and clerical help and all other expenses necessary to be made and paid prior to the authorization for the issuance of such revenue bonds, provided, that no such expenditures shall be made or paid unless an appropriation has been made therefor in the same manner as is required by law for city funds. Any funds so expended by the city shall be fully reimbursed and repaid to the city out of the sale of such revenue bonds before any other disbursements are made therefrom, and the amount so advanced by the city to pay such preliminary expenses shall be a first charge against the proceeds resulting from the sale of such revenue bonds until the same has been repaid as herein provided.

History:

[50-1034, added 1967, ch. 429, sec. 194, p. 1249.]
Idaho Code § 50-214 — Idaho Code / Title 50 / Chapter 2 / Section 50-214
50-214 CENSUS AUTHORIZED.
Status: in_force

50-214. Census authorized. Any city council may provide, by resolution, for taking census or enumeration of the inhabitants thereof, and in such resolution shall provide for engaging the services of the bureau of census, U.S. department of commerce, to take said census or enumeration. Whenever it shall have been duly ascertained by any census or enumeration taken as hereinbefore provided, such fact shall thereupon by the clerk of said city, be certified to the secretary of state and to the county clerk wherein said city is situated. Provided further, that the population of any city determined by a special census shall thereafter be used in apportionment of state revenues in which the city may share.

History:

[50-214, added 1967, ch. 429, sec. 7, p. 1249; am. 1973, ch. 21, sec. 1, p. 42.]
Idaho Code § 50-2610 — Idaho Code / Title 50 / Chapter 26 / Section 50-2610
50-2610 ORDINANCE TO ESTABLISH — ADOPTION — CONTENTS.
Status: in_force

50-2610. Ordinance to establish — Adoption — Contents. If the legislative authority, following the hearing, decides to establish the proposed district, it shall adopt an ordinance to that effect. This ordinance shall contain the following information:

(1) The number, date and title of the resolution of intention pursuant to which it was adopted;

(2) The time and place the hearing was held concerning the formation of such district;

(3) The description of the boundaries of such district;

(4) A statement that the businesses in the district established by the ordinance shall be subject to the provisions of the special assessments authorized by section 50-2601, Idaho Code;

(5) The initial or additional rate or levy of special assessment to be imposed with a breakdown by classification of business, if such classification is used;

(6) A statement that a business improvement district has been established; and

(7) The uses to which the special assessment revenue shall be put; provided, however, that such use shall conform to the use as declared in the initiation petition presented pursuant to section 50-2603, Idaho Code.

History:

[50-2610, added 1980, ch. 192, sec. 1, p. 425.]
Idaho Code § 50-2104 — Idaho Code / Title 50 / Chapter 21 / Section 50-2104
50-2104 JOINT SESSION — RESOLUTION SPECIFYING TIME OF ELECTION.
Status: in_force

50-2104. Joint session — Resolution specifying time of election. When a majority of the governing bodies of each of the cities desires consolidation, or petitions signed by the requisite number of qualified electors in each city have been duly received and recorded by each city, a joint resolution signed by the respective mayors, shall set a time for a special election to be held in each of the cities desiring consolidation. The election shall be held on the next date authorized by section 50-405, Idaho Code, which is more than forty-five (45) days after final adoption, of the joint resolution.

History:

[50-2104, added 1967, ch. 429, sec. 421, p. 1249; am. 2009, ch. 341, sec. 129, p. 1058.]
Idaho Code § 50-3119 — Idaho Code / Title 50 / Chapter 31 / Section 50-3119
50-3119 APPEAL — EXCLUSIVE REMEDY — CONCLUSIVENESS.
Status: in_force

50-3119. Appeal — Exclusive remedy — Conclusiveness. Any person in interest who feels aggrieved by the final decision of a governing body or a district board in the formation or governing of a district, including, with respect to any tax levy, special assessment or bond, may, within sixty (60) days after such final decision, seek judicial review by filing a written notice of appeal with the clerk of the district and with the clerk of the district court for the judicial district in which a majority of the land area of the district is located. After said sixty (60) day period has run, no one shall have any cause or right of action to contest the legality, formality or regularity of said decision for any reason whatsoever and, thereafter, said decision shall be considered valid and uncontestable and the validity, legality and regularity of any such decision shall be conclusively presumed. With regard to the foregoing, if the question of validity of any bonds issued pursuant to this chapter is not raised on appeal as aforesaid, the authority to issue the bonds, the legality thereof and of the levies or assessments necessary to pay the same shall be conclusively presumed and no court shall thereafter have authority to inquire into such matters.

History:

[50-3119, added 2008, ch. 410, sec. 1, p. 1160; am. 2012, ch. 324, sec. 6, p. 893.]
Idaho Code § 50-1310 — Idaho Code / Title 50 / Chapter 13 / Section 50-1310
50-1310 FILING AND RECORDING — RECORD OF PLATS — FILING OF COPY.
Status: in_force

50-1310. Filing and recording — Record of plats — Filing of copy. (1) All approved plats of subdivisions shall, upon the payment of the required fees, be filed by the county clerk or county recorder, and such filing with the date thereof shall be endorsed thereon. The plat or opaque copy thereof shall then be bound or filed with other plats of like character in a proper book or file designated as "Records of Plats."

(2) At the time of filing such plat, the owner or his representative shall also file with the county clerk or county recorder one (1) copy thereof. The plat media and copy process shall be as provided in section 50-1304, Idaho Code. The original plat shall be stored for safekeeping in a reproducible condition by the county. It shall be proper for the recorder to maintain for public reference a set of counter maps that are prints of the original maps. The original maps shall be produced for comparison upon demand. Full scale copies thereof shall be made available to the public, at the cost allowed in section 31-3205, Idaho Code, by the county recorder.

History:

[50-1310, added 1967, ch. 429, sec. 228, p. 1249, am. 1978, ch. 106, sec. 2, p. 219; am. 1993, ch. 343, sec. 1, p. 1282; am. 1997, ch. 190, sec. 9, p. 523; am. 2013, ch. 263, sec. 1, p. 648; am. 2015, ch. 48, sec. 2, p. 102.]
Idaho Code § 50-101 — Idaho Code / Title 50 / Chapter 1 / Section 50-101
50-101 INCORPORATION.
Status: in_force

50-101. Incorporation. The residents of any unincorporated contiguous area (village) containing not less than 125 qualified electors may present a petition signed by a majority of the said electors to the board of commissioners of the county in which said petitioners reside, praying that they be incorporated as a city, designating the name they wish to assume and the metes and bounds of the proposed city.

Upon the petition to incorporate filed as herein provided, the board of county commissioners petitioned shall have no jurisdiction to take any action thereon or enter an order of incorporation, regardless of the number of petitioners thereon, where the boundaries of the proposed new city approach any point within one (1) mile of the boundary limits of any existing city of less than five thousand (5,000) population, within two (2) miles of the boundary limits of any existing city of five thousand (5,000) but less than ten thousand (10,000) population, within three (3) miles of the boundary limits of any existing city of ten thousand (10,000) but less than twenty thousand (20,000) population, or within four (4) miles of the boundary limits of any existing city of twenty thousand (20,000) or more population, all populations as determined by the last official or special United States census, unless there is first furnished said board of county commissioners either (a) a certified copy of a resolution of the city council of any existing city within the above applicable distances of the proposed city approving said petition for incorporation, or (b) appropriate evidence that the city council of any existing city within the above applicable distances of the proposed city, if contiguous or adjacent, has rejected and refused to annex the area of the proposed city to the existing city upon the petition made as hereinafter set out. Where the proposed new city area lies within the applicable distance of one or more cities, all cities must approve the petition of incorporation. An existing city shall be deemed to have rejected and refused to annex the contiguous or adjacent area when a petition for annexation is filed prior to 90 days before the end of any fiscal year, and the city council, within 60 days after receipt of said petition has not by appropriate action, declared that such area will be a part of such existing city, effective not later than the last day of the fiscal year in which said petition was filed. Such petition shall be signed by a majority of the inhabitants paying real estate taxes within said area requesting annexation, contain a certain metes and bounds description of the area set out in the petition and certify that the area so described falls within the distance limits herein set forth. The existing city, the petitioners, as herein provided, or the board of county commissioners is granted the power to petition the district court for a declaration of the right on any disputes arising between any of the parties so named hereunder.

History:

[50-101, added 1967, ch. 429, sec. 1, p. 1249.]
Idaho Code § 50-328 — Idaho Code / Title 50 / Chapter 3 / Section 50-328
50-328 UTILITY TRANSMISSION SYSTEMS — REGULATIONS.
Status: in_force

50-328. Utility transmission systems — Regulations. All cities shall have power to permit, authorize, provide for and regulate the erection, maintenance and removal of utility transmission systems, and the laying and use of underground conduits or subways for the same in, under, upon or over the streets, alleys, public parks and public places of said city; and in, under, over and upon any lands owned or under the control of such city, whether they may be within or without the city limits.

History:

[50-328, added 1967, ch. 429, sec. 50, p. 1249.]
Idaho Code § 50-1750 — Idaho Code / Title 50 / Chapter 17 / Section 50-1750
50-1750 SUIT TO QUIET TITLE.
Status: in_force

50-1750. Suit to quiet title. Whenever the necessary costs and attorney's fees have been advanced by the holders of the bonds of the district or any prospective purchaser or other person, it shall be the duty of the council of such municipality to cause the attorney to commence suit to quiet title to the property described in said deed in the name of the municipality and to secure the possession of the property; provided, that the property described in any number of tax deeds so made to the municipality and against any number of owners of property may be included in the same suit.

History:

[50-1750, added 1967, ch. 429, sec. 336, p. 1249.]
Idaho Code § 50-1746 — Idaho Code / Title 50 / Chapter 17 / Section 50-1746
50-1746 PROOF OF NOTICE.
Status: in_force

50-1746. Proof of notice. The treasurer shall, before issuing any deed to the municipality, make and file his affidavit showing a full compliance with the requirements of the preceding section as to giving notice of the expiration of the period of redemption; before issuing a deed to the holder of any delinquency certificate, the treasurer shall require that affidavits be filed showing a complete compliance with the provisions of the previous section as to giving such notice. Such proof shall be filed in the office of the treasurer and remain a permanent record in such office. Any person making a false affidavit as to any fact required herein shall be guilty of perjury.

History:

[50-1746, added 1967, ch. 429, sec. 332, p. 1249.]
Idaho Code § 50-204 — Idaho Code / Title 50 / Chapter 2 / Section 50-204
50-204 APPOINTMENT OF OFFICERS — OATH — BOND.
Status: in_force

50-204. Appointment of officers — Oath — Bond. The mayor, except as otherwise provided in sections 50-801 through 50-812, with the consent of the council shall appoint a city clerk, a city treasurer, a city attorney and such other officers as may be deemed necessary for the efficient operation of the city. The city clerk, city treasurer, and such other officers as are designated by the council shall, before entering upon the duties thereof, execute a bond to the city in such penal sum as the city council may by ordinance determine, conditioned on the faithful performance of his duties. All official bonds shall be approved by the city council and when so approved shall be filed with the city clerk, except the bond of the city clerk, which shall be filed with the mayor.

History:

[50-204, added 1967, ch. 429, sec. 68, p. 1249.]
Idaho Code § 50-1748 — Idaho Code / Title 50 / Chapter 17 / Section 50-1748
50-1748 DELINQUENCY CERTIFICATE FOR SUBSEQUENT INSTALMENTS.
Status: in_force

50-1748. Delinquency certificate for subsequent instalments. Whenever any delinquency certificate has been assigned, as hereinbefore provided, and the time for redemption has expired and there are outstanding against the property covered by said certificate, any delinquent instalments subsequent in time to the instalment for which the property was sold, then the treasurer shall issue to the municipality a delinquency certificate for such past due instalments in the same manner, as hereinbefore provided, and shall cancel the previous delinquency certificate and the same shall be of no further force and effect. Such delinquency certificate for subsequent instalments may be assigned in the same manner, as hereinbefore provided, and have the same force and effect.

History:

[50-1748, added 1967, ch. 429, sec. 334, p. 1249.]
Idaho Code § 50-2017 — Idaho Code / Title 50 / Chapter 20 / Section 50-2017
50-2017 INTERESTED PUBLIC OFFICIALS, COMMISSIONERS OR EMPLOYEES.
Status: in_force

50-2017. Interested public officials, commissioners or employees. No public official or employee of a municipality (or board or commission thereof), and no commissioner or employee of an urban renewal agency shall voluntarily acquire any personal interest, direct or indirect, in any urban renewal project, or in any property included or planned to be included in any urban renewal project in such municipality or in any contract or proposed contract in connection with such urban renewal project. Where such acquisition is not voluntary, the interest acquired shall be immediately disclosed in writing to the agency and such disclosure shall be entered upon the minutes of the agency. If any such official, commissioner or employee presently owns or controls, or owned or controlled within the preceding two (2) years, any interest, direct or indirect, in any property which he knows is included or planned to be included in an urban renewal project, he shall immediately disclose this fact in writing to the agency, and such disclosure shall be entered upon the minutes of the agency, and any such official, commissioner or employee shall not participate in any action by the municipality (or board or commission thereof), or urban renewal agency affecting such property. Any violation of the provisions of this section shall constitute misconduct in office.

History:

[50-2017, added 1965, ch. 246, sec. 17, p. 600; am. 1986, ch. 9, sec. 2, p. 51.]
Idaho Code § 50-303 — Idaho Code / Title 50 / Chapter 3 / Section 50-303
50-303 RECREATION AND CULTURE.
Status: in_force

50-303. Recreation and culture. Cities are hereby empowered to create, purchase, operate and maintain recreation and cultural facilities and activities within or without the city limits and regulate the same, and to levy a special tax not to exceed six hundredths percent (.06%) of the market value for assessment purposes on all taxable property within the limits of the city for recreational programs.

History:

[50-303, added 1967, ch. 429, sec. 28, p. 1249; am. 1995, ch. 82, sec. 22, p. 233.]
Idaho Code § 50-1020 — Idaho Code / Title 50 / Chapter 10 / Section 50-1020
50-1020 WATERWORKS — LIGHT AND POWER PLANTS — SEWERAGE SYSTEMS.
Status: in_force

50-1020. Waterworks — Light and power plants — Sewerage systems. 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 in a sufficient amount to acquire, by purchase or otherwise, waterworks plants and water supply, light and power plants, storm sewers and sanitary sewerage systems, and to construct, enlarge, extend, repair, alter and improve such plants or systems notwithstanding the percentage limitation of the previous section. "Waterworks plants and water supply" include by way of example but not by way of limitation, a public water system providing water at any temperature for space heating or cooling, culinary, sanitary, recreational or therapeutic uses.

The amount for which bonds may be issued for purposes as in this section provided shall be determined by the council and stated in the ordinance therefor, and shall be authorized in such amount as the city council shall deem necessary by one or more bond elections, called as provided in section 50-1026, Idaho Code, or amendatory act.

History:

[50-1020, added 1967, ch. 429, sec. 180, p. 1249; am. 1970, ch. 130, sec. 2, p. 305; am. 1979, ch. 304, sec. 2, p. 825.]
Idaho Code § 50-607 — Idaho Code / Title 50 / Chapter 6 / Section 50-607
50-607 GENERAL POWERS.
Status: in_force

50-607. General powers. The mayor shall have and exercise such powers, prerogatives and authority as is conferred by the laws of the state of Idaho or as may be conferred upon him by the city council, and shall have the power to administer oaths, and shall sign all contracts and conveyances in the name of and on behalf of the city.

History:

[50-607, added 1967, ch. 429, sec. 127, p. 1249.]
Idaho Code § 50-2102 — Idaho Code / Title 50 / Chapter 21 / Section 50-2102
50-2102 RESOLUTION FOR JOINT SESSION OF GOVERNING BODIES.
Status: in_force

50-2102. Resolution for joint session of governing bodies. The mayor and council of any city, desiring consolidation with the adjacent city or cities, may institute proceedings for consolidating by passing a resolution wherein it shall be stated that such city desires to be consolidated with the adjacent city or cities and shall also request the governing body or bodies of such adjacent city or cities to fix a time and place for a joint session of the governing bodies of the cities to consider consolidation.

History:

[50-2102, added 1967, ch. 429, sec. 419, p. 1249.]
Idaho Code § 50-707B — Idaho Code / Title 50 / Chapter 7 / Section 50-707B
50-707B MAJORITY MAY BE REQUIRED FOR ELECTION — RUNOFF ELECTION.
Status: in_force

50-707B. Majority may be required for election — Runoff election. A city may, by ordinance, provide that a majority of the votes for any candidate running for a council seat adopted by a city in accordance with section 50-707 or 50-707A, Idaho Code, shall be required for election to that office. In the event no candidate receives a majority of the votes cast, there shall be a runoff election between the two (2) candidates receiving the highest number of votes cast. Such runoff election shall be conducted by the county clerk as in the general election in a manner consistent with chapter 14, title 34, Idaho Code, and at such time within thirty (30) days of the general election, as prescribed by the city and shall be exempt from the limitation upon elections provided in sections 34-106 and 50-405, Idaho Code. The ballot shall be prepared by the county clerk not less than twenty-two (22) days preceding the runoff election. The designation of polling places shall be made by the county commissioners not less than twenty (20) days preceding any runoff election, and sample ballots shall be printed not less than eighteen (18) days preceding the runoff election.

History:

[50-707B, added 1984, ch. 108, sec. 3, p. 251; am. 2002, ch. 75, sec. 18, p. 173; am. 2006, ch. 105, sec. 13, p. 293; am. 2009, ch. 341, sec. 124, p. 1056.]
Idaho Code § 50-3120 — Idaho Code / Title 50 / Chapter 31 / Section 50-3120
50-3120 CONSISTENCY WITH STATE LAW.
Status: in_force

50-3120. Consistency with state law. (1) A community infrastructure district shall develop community infrastructure consistent with the general plan and in compliance with the requirements of chapter 13, title 50, Idaho Code, and chapter 65, title 67, Idaho Code.

(2) A community infrastructure district shall be deemed to be of the same nature and afforded the same treatment as a local improvement district for purposes of application of section 58-336, Idaho Code, relating to lands benefitting by such district; section 67-8209, Idaho Code, authorizing development impact fee credits; and section 67-8214, Idaho Code, providing that other powers and rights of governmental entities are not affected.

History:

[50-3120, added 2008, ch. 410, sec. 1, p. 1160.]