Idaho Code § 50-2011 — Idaho Code / Title 50 / Chapter 20 / Section 50-2011
50-2011 DISPOSAL OF PROPERTY IN URBAN RENEWAL AREA.
Status: in_force

50-2011. Disposal of property in urban renewal area. (a) An urban renewal agency may sell, lease, or otherwise transfer real property or any interest therein acquired by it for an urban renewal project, and may enter into contracts with respect thereto, in an urban renewal area for residential, recreational, commercial, industrial, educational or other uses or for public use, or may retain such property or interest for public use, in accordance with the urban renewal plan, subject to such covenants, conditions and restrictions, including covenants running with the land, as it may deem to be necessary or desirable to assist in preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of this act: Provided, that such sale, lease, other transfer, or retention, and any agreement relating thereto, may be made only after the approval of the urban renewal plan by the local governing body. The purchasers or lessees and their successors and assigns shall be obligated to devote such real property only to the uses specified in the urban renewal plan, and may be obligated to comply with such other requirements as the urban renewal agency may determine to be in the public interest, including the obligation to begin within a reasonable time any improvements on such real property required by the urban renewal plan. Such real property or interest shall be sold, leased, otherwise transferred, or retained at not less than its fair value for uses in accordance with the urban renewal plan except property disposed of by it to the community or any other public body which property must be disposed of pursuant to the provisions of subsection (f) of section 50-2015, Idaho Code, even though such fair value may be less than the cost of acquiring and preparing the property for redevelopment. In determining the fair value of real property for uses in accordance with the urban renewal plan, an urban renewal agency shall take into account and give consideration to the uses provided in such plan; the restrictions upon, and the covenants, conditions and obligations assumed by the purchaser or lessee or by the urban renewal agency retaining the property; and the objectives of such plan for the prevention of the recurrence of slum or blighted areas. The urban renewal agency in any instrument of conveyance to a private purchaser or lessee may provide that such purchaser or lessee shall be without power to sell, lease or otherwise transfer the real property without the prior written consent of the urban renewal agency until he has completed the construction of any or all improvements which he has obligated himself to construct thereon. Real property acquired by an urban renewal agency which, in accordance with the provisions of the urban renewal plan, is to be transferred, shall be transferred as rapidly as feasible in the public interest consistent with the carrying out of the provisions of the urban renewal plan. Any contract for such transfer and the urban renewal plan (or such part or parts of such contract or plan as the urban renewal agency may determine) may be recorded in the land records of the county in such manner as to afford actual or constructive notice thereof.

(b) An urban renewal agency may dispose of real property in an urban renewal area to private persons only under such reasonable competitive bidding procedures as it shall prescribe or as hereinafter provided in this subsection. An urban renewal agency may, by public notice by publication in a newspaper having a general circulation in the community (thirty (30) days prior to the execution of any contract to sell, lease or otherwise transfer real property and prior to the delivery of any instrument of conveyance with respect thereto under the provisions of this section) invite proposals from and make available all pertinent information to private redevelopers or any persons interested in undertaking to redevelop or rehabilitate an urban renewal area, or any part thereof. Such notice shall identify the area, or portion thereof, and shall state that proposals shall be made by those interested within thirty (30) days after the date of publication of said notice, and that such further information as is available may be obtained at such office as shall be designated in said notice. The urban renewal agency shall consider all such redevelopment of rehabilitation proposals and the financial and legal ability of the persons making such proposals to carry them out, and may negotiate with any persons for proposals for the purchase, lease or other transfer of any real property acquired by the agency in the urban renewal area. The urban renewal agency may accept such proposal as it deems to be in the public interest and in furtherance of the purposes of this act. The agency may execute such contract in accordance with the provisions of subsection (a) and deliver deeds, leases and other instruments and take all steps necessary to effectuate such contract.

(c) An urban renewal agency may temporarily operate and maintain real property acquired by it in an urban renewal area for or in connection with an urban renewal project pending the disposition of the property as authorized in this act, without regard to the provisions of subsection (a) above, for such uses and purposes as may be deemed desirable even though not in conformity with the urban renewal plan.

(d) Any real property acquired pursuant to section 50-2007(d) may be disposed of without regard to other provisions of this section if the local governing body has consented to the disposal.

(e) Notwithstanding any other provisions of this act, and notwithstanding subsection (b) of this section, land in an urban renewal project area designated under the urban renewal plan for industrial or commercial uses may be disposed of to any public body or nonprofit corporation for subsequent disposition as promptly as practicable by the public body or corporation for redevelopment in accordance with the urban renewal plan, and only the purchaser from or lessee of the public body or corporation, and their assignees, shall be required to assume the obligation of beginning the building of improvements within a reasonable time. Any disposition of land to a nonprofit corporation under this subsection shall be made at its fair value for uses in accordance with the urban renewal plan. Any disposition of land to a public body under this subsection shall be made pursuant to the provisions of subsection (f) of section 50-2015, Idaho Code.

(f) Property previously acquired or acquired by an agency for rehabilitation and resale shall be offered for disposition within three (3) years after completion of rehabilitation, or an annual report shall be published by the agency in a newspaper of general circulation published in the community listing any rehabilitated property held by the agency in excess of such three (3) year period, stating the reasons such property remains unsold and indicating plans for its disposition.

History:

[50-2011, added 1965, ch. 246, sec. 11, p. 600; am. 1985, ch. 183, sec. 1, p. 468; am. 1987, ch. 259, sec. 2, p. 538.]
Idaho Code § 50-3115 — Idaho Code / Title 50 / Chapter 31 / Section 50-3115
50-3115 DISCLOSURE.
Status: in_force

50-3115. Disclosure. (1) The district board shall record with the county clerk in each county in which the district is located, upon the records of each parcel of real property within the district that will be encumbered with any future general obligation bond or special assessment bond repayment liability, a notice setting forth:

(a) The current obligation of a property owner within the district with respect to any bond repayment liability;

(b) That the obligation to retire the bonds will be the responsibility of any property owner in the district through the payment of real property taxes and special assessments collected by the county treasurer in addition to all other property tax payments;

(c) The estimated maximum tax or special assessment rate upon the parcel for bond repayment;

(d) Whether the tax or special assessment rate is to be maintained at any level by means of any developer agreement with the district; and

(e) That in the event of the failure to maintain the tax rate, the tax rate on a parcel will increase, as needed, to provide for bond repayment.

(2) Such notice may be separately recorded or included in a recorded district development agreement. The governing body, in its resolution approving formation of the district, shall require that a form disclosure, consistent with the foregoing, be signed and acknowledged by any purchaser of land within the district prior to purchase. The form disclosure shall be entitled "CID TAX AND SPECIAL ASSESSMENT DISCLOSURE NOTICE" and shall specifically and conspicuously set forth "YOU ARE PURCHASING REAL PROPERTY THAT IS INCLUDED WITHIN THE BOUNDARIES OF A COMMUNITY INFRASTRUCTURE DISTRICT." Further, the notice shall set forth such other notifications as determined appropriate by the district board that shall fully and fairly disclose the property owner's general obligation bond and special assessment repayment liability with examples provided.

History:

[50-3115, added 2008, ch. 410, sec. 1, p. 1158.]
Idaho Code § 50-901 — Idaho Code / Title 50 / Chapter 9 / Section 50-901
50-901 ORDINANCES — STYLE — PUBLICATION — WHEN EFFECTIVE — IMMEDIATE OPERATION IN EMERGENCIES.
Status: in_force

50-901. Ordinances — Style — Publication — When effective — Immediate operation in emergencies. The style of all ordinances shall be: "Be it ordained by the mayor and council of the city of ………" and all ordinances of a general nature, unless otherwise required by law, shall, before they take effect and within one (1) month after they are passed, be published in full or by summary as provided in section 50-901A, Idaho Code, in at least one (1) issue of the official newspaper of the city, or mailed as provided in section 60-109A, Idaho Code; provided, however, that in cases of riot, infections or contagious disease, or other impending danger requiring immediate enforcement, such ordinances shall take effect upon the proclamation of the mayor or president of the council, posted in at least five (5) public places of the city; provided further, that nationally recognized codes such as, but not limited to, those establishing rules and regulations for the construction, alteration or repair of buildings, the installation of plumbing, the installation of electric wiring, fire prevention, gas piping installations, sanitary regulations, health measures, and statutes of the state of Idaho such as, but not limited to, those relating to the operation of motor vehicles, equipment of motor vehicles, traffic control devices, motor vehicle laws, liquor and beer laws, housing, construction, health and sanitation, may be adopted by a city council without including more than a particular reference to such code, and without publication or posting thereof, if adoption of such code be made in a regularly adopted and published ordinance; provided further, that at least one (1) copy of the supplemental code, duly certified by the city clerk, shall have been filed for use and examination by the public in the office of the clerk of the city prior to the adoption of the ordinance by the city council. Following its adoption by the city, one (1) copy of the supplemental code shall be retained by the city, which shall be filed in the office of the city clerk.

History:

[50-901, added 1967, ch. 429, sec. 152, p. 1249; am. 1971, ch. 9, sec. 1, p. 20; am. 1979, ch. 19, sec. 1, p. 29; am. 1981, ch. 145, sec. 1, p. 250; am. 1982, ch. 66, sec. 1, p. 130; am. 2001, ch. 156, sec. 1, p. 563.]
Idaho Code § 50-3009 — Idaho Code / Title 50 / Chapter 30 / Section 50-3009
50-3009 CUSTOMER SERVICE STANDARDS.
Status: in_force

50-3009. CUSTOMER SERVICE STANDARDS. A system operator shall comply with the customer service requirements as set forth in 47 CFR 76.309(c), as amended from time to time, and shall maintain a local or toll-free telephone number for customer service contact. A political subdivision may provide such assistance to subscribers as the political subdivision may deem appropriate to enforce the provisions of this section.

History:

[50-3009, added 2012, ch. 207, sec. 1, p. 560.]
Idaho Code § 50-1041 — Idaho Code / Title 50 / Chapter 10 / Section 50-1041
50-1041 TAX LEVY TO PAY BONDS PROHIBITED.
Status: in_force

50-1041. Tax levy to pay bonds prohibited. The provisions of 57-203, Idaho Code, relating to the levy of taxes for the payment of bonds, shall not be applicable to bonds issued by a city under the Revenue Bond Act, and the principal or interest thereof shall not be charged upon the city issuing the same. The holder or holders of any bonds issued under the Revenue Bond Act shall not have the right to compel any exercise of the taxing power of the city to pay said bonds or the interest thereon.

History:

[50-1041, added 1967, ch. 429, sec. 201, p. 1249.]
Idaho Code § 50-1747 — Idaho Code / Title 50 / Chapter 17 / Section 50-1747
50-1747 EFFECT OF DEED AS EVIDENCE.
Status: in_force

50-1747. Effect of deed as evidence. The matters recited in the delinquency certificate must be recited in the deed and such deed duly acknowledged or proved shall be prima facie evidence: (1) that the improvement district was created, the assessment made and the work and improvement done in the manner provided by law; (2) that all notices were given, all hearings were had, orders made and resolutions and ordinances passed and adopted required by law, and that all the proceedings up to the execution and delivery of such deed were had and done in the manner required by law; (3) that the assessments were not paid, the delinquency entries were properly made and delinquency certificate properly issued, as prescribed by law, and by the proper officer; (4) that the property was not redeemed, that the notice required to be given before deed was taken was properly given as required by law, and that the person who executed the deed was the proper officer.

History:

[50-1747, added 1967, ch. 429, sec. 333, p. 1249.]
Idaho Code § 50-1335 — Idaho Code / Title 50 / Chapter 13 / Section 50-1335
50-1335 DIVISION OF LAND — ADMINISTRATIVE PROCESS.
Status: in_force

50-1335. division of land — administrative process. (1) Notwithstanding any other provision of this chapter to the contrary, cities or counties may establish an administrative process for land division, which shall not be subject to subdivision platting requirements, for the purpose of facilitating a mortgage or financing division of land that contains an existing or approved accessory dwelling unit or secondary residential structure. The need for a mortgage or financing division of land shall be evidenced by a letter from a lender or mortgage underwriter demonstrating that parcel separation is required for financing. Such process may be used if:

(a) The division is solely for mortgage or financing purposes and does not create additional residential entitlements or increase allowable density beyond what is permitted by applicable zoning regulations;

(b) The division does not authorize additional dwelling units or further land divisions on either parcel created by the division and the division attaches to the original parcel and runs with the land; and

(c) Each resulting parcel has adequate legal access and utility service in accordance with applicable local standards.

(2) Nothing in this section shall be construed to permit serial or recursive division through conveyance, reconfiguration, or recombination and re-split methods.

(3) Divisions made pursuant to the process provided in this section shall be recorded with the county recorder and shall include a declaration restricting further division or development inconsistent with this section.

(4) Nothing in this section shall be construed to alter or supersede agricultural protections provided for bona fide divisions of agricultural land under this chapter or to authorize the creation of new building lots in violation of local zoning or density standards.

History:

[50-1335, added 2026, ch. 170, sec. 2, p. 798.]
Idaho Code § 50-1909 — Idaho Code / Title 50 / Chapter 19 / Section 50-1909
50-1909 DONATIONS TO HOUSING AUTHORITY.
Status: in_force

50-1909. Donations to housing authority. Any city or county, in which a housing authority has been created, shall have the power, from time to time, to lend or donate money to such authority or to agree to take such action; provided, however, that when a housing authority has the money available therefore it shall make reimbursement for all such loans made of it.

History:

[50-1909, added 1967, ch. 429, sec. 399, p. 1249; am. 1993, ch. 215, sec. 3, p. 585.]
Idaho Code § 50-406 — Idaho Code / Title 50 / Chapter 4 / Section 50-406
50-406 METHOD OF NOMINATION — CLERK TO FURNISH PRINTED FORMS.
Status: in_force

50-406. Method of nomination — Clerk to furnish printed forms. Candidates for elective city offices shall be nominated by declaration. The declaration shall contain the name and address of the person and the office and the term for which he is being nominated. There shall be no mention relating to party or principal of the nominee. The completed declaration of candidacy shall be accompanied by: (1) a petition of candidacy signed by not less than five (5) registered qualified electors; or (2) a nonrefundable filing fee of forty dollars ($40.00) which shall be deposited in the city treasury.

It shall be the duty of the city clerk to furnish upon application a reasonable number of regular printed forms, as herein set forth, to any person or persons applying therefor. The forms shall be of uniform size as determined by the clerk.

History:

[(50-406) 50-430, added 1978, ch. 329, sec. 2, p. 835; am. 2002, ch. 75, sec. 8, p. 167; am. and redesig. 2009, ch. 341, sec. 108, p. 1052.]
Idaho Code § 50-2202 — Idaho Code / Title 50 / Chapter 22 / Section 50-2202
50-2202 ELECTION TO DETERMINE QUESTION.
Status: in_force

50-2202. Election to determine question. The question of disincorporation shall be submitted at an election on the next date authorized by section 50-405, Idaho Code, which is more than forty-five (45) days after the election called by the city council or board of county commissioners. Notice of the election shall be published pursuant to the requirements of section 34-1406, Idaho Code, along with two (2) additional notices published weekly.

History:

[50-2202, added 1967, ch. 429, sec. 433, p. 1249; am. 2009, ch. 341, sec. 135, p. 1060.]
Idaho Code § 50-2010 — Idaho Code / Title 50 / Chapter 20 / Section 50-2010
50-2010 ACQUISITION OF PROPERTY.
Status: in_force

50-2010. Acquisition of property. (a) An urban renewal agency shall have the right to acquire by negotiation or condemnation any interest in real property, including a fee simple title thereto, which it may deem necessary for or in connection with an urban renewal project and related activities under this chapter. An urban renewal agency may exercise the power of eminent domain in the manner now or which may be hereafter provided by any other statutory provisions for the exercise of the power of eminent domain. Any board of commissioners for an urban renewal agency whose members are comprised entirely of officials elected pursuant to section 50-2006(b)(3) and (5), Idaho Code, may exercise the right of eminent domain. However, if a board of commissioners for an urban renewal agency includes one (1) or more commissioners who are appointed to the board of commissioners, that board may act only in an advisory capacity to the local governing body with regard to eminent domain decisions, and any final decision on the use of eminent domain shall be made by the local governing body that created the urban renewal agency. Property already devoted to a public use may be acquired in like manner: Provided, that no real property belonging to the United States, the state, or any political subdivision of the state may be acquired without its consent.

(b) In any proceeding to fix or assess compensation for damages for the taking or damaging of property, or any interest therein, through the exercise of the power of eminent domain or condemnation, evidence or testimony bearing upon the following matters shall be admissible and shall be considered in fixing such compensation or damages, in addition to evidence or testimony otherwise admissible:

(1) Any use, condition, occupancy, or operation of such property that is unlawful or violative of, or subject to elimination, abatement, prohibition, or correction under, any law or any ordinance or regulatory measure of the state, county, municipality, other political subdivision, or any agency thereof, in which such property is located, as being unsafe, substandard, insanitary or otherwise contrary to the public health, safety, or welfare;

(2) The effect on the value of such property, of any such use, condition, occupancy, or operation, or of the elimination, abatement, prohibition, or correction of any such use, condition, occupancy, or operation.

(c) The foregoing testimony and evidence shall be admissible notwithstanding that no action has been taken by any public body or public officer toward the abatement, prohibition, elimination or correction of any such use, condition, occupancy, or operation. Testimony or evidence that any public body or public officer charged with the duty or authority so to do has rendered, made or issued any judgment, decree, determination or order for the abatement, prohibition, elimination or correction of any such use, condition, occupancy, or operation shall be admissible and shall be prima facie evidence of the existence and character of such use, condition or operation.

History:

[50-2010, added 1965, ch. 246, sec. 10, p. 600; am. 2021, ch. 87, sec. 3, p. 294.]
Idaho Code § 50-311 — Idaho Code / Title 50 / Chapter 3 / Section 50-311
50-311 CREATION — VACATION OF STREETS — EMINENT DOMAIN — REVERSION OF VACATED STREETS.
Status: in_force

50-311. Creation — Vacation of streets — Eminent domain — Reversion of vacated streets. Cities are empowered to: create, open, widen or extend any street, avenue, alley or lane, annul, vacate or discontinue the same whenever deemed expedient for the public good; to take private property for such purposes when deemed necessary, or for the purpose of giving right of way or other privileges to railroad companies, or for the purpose of erecting malls or commons; provided, however, that in all cases the city shall make adequate compensation therefor to the person or persons whose property shall be taken or injured thereby. The taking of property shall be as provided in title 7, chapter 7, Idaho Code. The amount of damages resulting from the vacation of any street, avenue, alley or lane shall be determined, under such terms and conditions as may be provided by the city council. Provided further that whenever any street, avenue, alley or lane shall be vacated, the same shall revert to the owner of the adjacent real estate, one-half (1/2) on each side thereof, or as the city council deems in the best interests of the adjoining properties, but the right of way, easements and franchise rights of any lot owner or public utility shall not be impaired thereby. In cities of fifty thousand (50,000) population or more in which a dedicated alley has not been used as an alley for a period of fifty (50) years shall revert to the owner of the adjacent real estate, one-half (1/2) on each side thereof, by operation of the law, but the existing rights of way, easements and franchise rights of any lot owner or public utility shall not be impaired thereby.

History:

[50-311, added 1967, ch. 429, sec. 42, p. 1249; am. 1973, ch. 268, sec. 1, p. 563.]
Idaho Code § 50-1908 — Idaho Code / Title 50 / Chapter 19 / Section 50-1908
50-1908 TAX EXEMPTIONS AND PAYMENTS IN LIEU OF TAXES.
Status: in_force

50-1908. Tax exemptions and payments in lieu of taxes. The property of an authority is declared to be public property used for essential public purposes and such property and an authority shall be exempt from all taxes and special assessments of the city, the county, the state or any political subdivision thereof; provided, however, that in lieu of such taxes, an authority may agree to make payments to the city for improvements, services and facilities furnished by such city for the benefit of a housing project, or in lieu of such taxes, an authority may agree to make payments to a school district or school districts, which district or districts include within its boundaries all or a portion of the real property of an authority, for school services and facilities furnished by said school district or districts, for the benefit of the residents of a housing project.

History:

[50-1908, added 1967, ch. 429, sec. 398, p. 1249.]
Idaho Code § 50-1711 — Idaho Code / Title 50 / Chapter 17 / Section 50-1711
50-1711 LIMITATION ON ASSESSMENTS AGAINST PROPERTY.
Status: in_force

50-1711. Limitation on assessments against property. No municipality shall order any improvement to be paid for by local assessment where the estimated costs of such improvement, if such costs are to be assessed to the property in the district, or that portion of the estimated costs to be assessed, if a portion only of said total costs are to be assessed, when added to all other outstanding and unpaid local improvement assessments against the property included in the district, excluding penalties and interest, shall exceed the actual value of the real property, including the value of the improvements thereon.

The council shall provide, by ordinance, the method of determining the actual value of the real property including the improvements thereon in the district and when the valuation is so determined, such valuation shall be final and conclusive in the absence of fraud or gross mistake.

History:

[50-1711, added 1976, ch. 160, sec. 2, p. 576.]
Idaho Code § 50-1601 — Idaho Code / Title 50 / Chapter 16 / Section 50-1601
50-1601 CIVIL SERVICE COMMISSION — APPOINTMENT — QUALIFICATIONS — MANNER OF ABOLISHING COMMISSION.
Status: in_force

50-1601. Civil service commission — Appointment — Qualifications — Manner of abolishing commission. To provide a means whereby employees of the cities of the state of Idaho may be selected, retained and promoted on the basis of merit and performance of duties, thus affecting economy and efficiency in the administration of city government, the city council of any city may, by ordinance, provide for the creation of a civil service system under the provisions herein set forth.

(A) To create such system, the mayor with the advice and consent of the council shall appoint three (3) persons from among the qualified electors of the city to be designated the civil service commission.

(B) One member of said civil service commission shall serve a two (2) year term, another member shall serve a four (4) year term, and a third member shall serve a six (6) year term. Each second year thereafter, one (1) member shall in like manner be appointed for a term of six (6) years, to take the place of the member whose term next expires. If a vacancy occurs in the civil service commission, such vacancy for the balance of the unexpired term shall be filled as in the first instance.

Any city having created a civil service system shall not thereafter abolish such system except as herein provided: notice of date, time and place of first reading of the proposed ordinance to abolish such system shall be published in one (1) issue of the official newspaper of the city not less than ten (10) days immediately preceding the first reading of the proposed ordinance; and, such ordinance shall not be passed unless the same is read at length on three (3) different days at least seven (7) days apart.

History:

[50-1601, added 1967, ch. 429, sec. 277, p. 1249.]
Idaho Code § 50-904 — Idaho Code / Title 50 / Chapter 9 / Section 50-904
50-904 ARRANGEMENT OF ORDINANCES.
Status: in_force

50-904. Arrangement of ordinances. The ordinances in such revision, codification and compilation shall be arranged in appropriate chapters, articles and sections, excluding the titles, enacting clauses, signatures of the mayor, attestations and other formal parts.

History:

[50-904, added 1967, ch. 429, sec. 155, p. 1249.]
Idaho Code § 50-1821 — Idaho Code / Title 50 / Chapter 18 / Section 50-1821
50-1821 NOTICE OF PENDING TAX DEED.
Status: in_force

50-1821. Notice of pending tax deed. The city treasurer shall publish a notice in the official newspaper of the city to the effect that he will take deed to all of the property upon the delinquency list for the year of delinquency (stating the year of delinquency) for which the city is entitled to take title to the property, but such notice need not give the names or the description of the property mentioned in the delinquency list. Said notice shall be inserted three (3) times at intervals of not less than one (1) week and the first insertion be not more than five (5) months and at the last insertion not less than three (3) months from the time of redemption period expired and the city treasurer shall thereupon, not less than three (3) months nor more than five (5) months before the expiration of the time of redemption, mail a notice of pending tax deed to the person or persons in whose name the land, lots, pieces or parcels of property stands in the recorder's office of the county in which said land, lot, piece or parcel of property is situated at such owner's last known place of residence. Said notice shall state when the delinquency entry was made, in whose name the property was assessed, the description of the lands, lots or pieces of real estate for which such delinquency was made, for what year assessed and when the term of redemption will expire. Any mortgagee or holder of a recorded lien upon such real estate or any holder of a bond of any local improvement district within the city may file a request in the office of the city treasurer for a notice similar to the one provided for the person in whose name the title of the real estate stands which said request shall include the name and address of the mortgagee, recorded lienholder or bondholder, the name of the reputed owner of the land, piece or parcel of real estate, the description of the same, the date of the expiration of mortgage or other lien or the maturity of such bonds, and such notice need not be sent after the date of expiration unless a further request therefor be duly filed. If the said mortgagee, lienholder or bondholder shall furnish a duplicate form of request, the treasurer of the city shall certify thereon to the filing of the request and deliver or mail the same to the party filing it. A notation of all such requests shall be inserted in a book by the city treasurer provided for that purpose, and notation of the name of the person and the description of the property and the date of the expiration of the lien shall be inserted in appropriate columns. As a part of the affidavit hereinafter provided, the city treasurer shall insert a certificate of the mailing of such notice, provided, that personal service of any of the notices provided in this section may be had upon the record owner of the property, mortgagee, recorded lienholder or bondholder in lieu of mailing such notice.

History:

[50-1821, added 1967, ch. 429, sec. 376, p. 1249.]
Idaho Code § 50-2502 — Idaho Code / Title 50 / Chapter 25 / Section 50-2502
50-2502 DEFINITIONS.
Status: in_force

50-2502. Definitions. As used in this chapter, the following words and phrases and any variations thereof shall have the following meaning:

(1) "Communication service" means the transmission of intelligence by electrical means, including, but not limited to telephone, telegraph, messenger-call, clock, police, fire alarm and traffic control circuits or the transmission of standard television or radio signals.

(2) "Convert" or "conversion" means the removal of all or any part of any existing overhead electric or communications facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations.

(3) "Electric or communication facilities" mean any works or improvements used or useful in providing electric or communication service, including, but not limited to, poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cut-outs, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. "Communication facilities" shall not include facilities used for the transmission of intelligence by microwave or radio, apparatus cabinets or outdoor public telephones.

(4) "Extension" or "extending" means any continuation, either overhead or underground, of existing distribution or transmission facilities or the construction of new electric or communication facilities which are reasonably required by prudent electrical or communication practices.

(5) "Governing body" means the board of county commissioners or mayor and council or board of directors as may be appropriate depending on whether the improvement district is located in a county or within a city.

(6) "Ordinance" shall be construed to mean resolution where the governing body properly acts by resolution and vice versa.

(7) "Overhead electric or communication facilities" mean electric or communication facilities located, in whole or in part, above the surface of the ground.

(8) "Public utility" means any one or more, public or private persons or corporations that provide electric or communication service to the public by means of electric or communication facilities and shall include any city, special district, or public corporation that provides electric or communication service to the public by means of electric or communication facilities.

(9) "Underground electric or communication facilities" mean electric or communication facilities located, in whole or in part, beneath the surface of the ground.

(10) A "lot" or "parcel" of land means a single tract or parcel of land containing five (5) acres or less. No single tract or parcel of property containing more than five (5) acres may be included in any district organized under this chapter, unless located within an incorporated city, without the consent of the owner or owners thereof.

Definitions in section 50-1702, Idaho Code, shall be applicable to any sections of chapter 17, title 50, Idaho Code, incorporated in this chapter by reference.

History:

[50-2502, as added by 1971, ch. 212, sec. 1, p. 923; am. 1991, ch. 301, sec. 1, p. 789.]
Idaho Code § 50-3003 — Idaho Code / Title 50 / Chapter 30 / Section 50-3003
50-3003 FRANCHISING AUTHORITY — APPLICATION FOR CERTIFICATE OF FRANCHISE AUTHORITY — MODIFICATION OF SERVICE AREAS — TERM OF CERTIFICATE OF FRANCHISE AUTHORITY AND TERMINATION THEREOF.
Status: in_force

50-3003. FRANCHISING AUTHORITY — application for certificate of franchise authority — MODIFICATION OF service areas — term of certificate of franchise authority and termination thereof. (1) On and after July 1, 2012, no person shall act as a video service provider or operate a video service network within the state of Idaho unless such person:

(a) Is an incumbent cable service provider providing cable service within an existing franchise area by permission of, or pursuant to, a franchise from a political subdivision in effect on the effective date of this chapter or a subsequent renewal thereof; or

(b) Is a nonincumbent cable service provider who:

(i) Elects to negotiate a franchise agreement in accordance with title VI of the communications act of 1934, as amended, 47 U.S.C. section 521 et seq., with a political subdivision, which agreement establishes the terms and conditions applicable to that person to provide cable or video service within the jurisdictional boundaries of such political subdivision and has been issued a franchise from the political subdivision for such purpose; or

(ii) Elects to adopt the terms and conditions of an existing franchise issued by a political subdivision to an incumbent cable service provider providing video service within the same service area and who has been issued a franchise from the political subdivision authorizing the video service provider to provide video services within the political subdivision pursuant to the same terms and conditions as the franchise issued to the incumbent cable service provider in the political subdivision; or

(c) Has been granted a certificate of franchise authority to do business in the state of Idaho as a system operator by the Idaho secretary of state, as authorized in this chapter.

(2) (a) Nothing in this chapter shall be construed to prohibit a person from holding a franchise issued by a political subdivision and holding a certificate of franchise authority issued by the Idaho secretary of state for a different service area. Provided however, a video service provider shall not hold a franchise issued by a political subdivision and a certificate of franchise authority issued by the secretary of state for the same service area, except as permitted pursuant to paragraph (b) of this subsection.

(b) An incumbent cable service provider may submit an application for a certificate of franchise authority for a service area in which the incumbent cable service provider has an existing franchise from a political subdivision for such service area and, upon the granting of a certificate of franchise authority to the incumbent cable service provider, the incumbent cable service provider's franchise from the political subdivision shall no longer be of any force or effect.

(c) It shall be in an incumbent cable operator's sole discretion to determine, in each service area wherein it provides cable service, whether or not to apply for a certificate of franchise authority or continue to provide service under an existing franchise issued by a political subdivision.

(3) Any person seeking a certificate of franchise authority shall submit an application to the Idaho secretary of state that is in accordance with the requirements of this chapter and sets forth the following information:

(a) The name of the applicant and the address of its principal place of business within the state of Idaho and the names of the applicant's principal executive officers and its primary Idaho representative;

(b) A specific identification of the political subdivision(s) constituting the service area wherein the applicant intends to provide video service;

(c) The date on which the applicant intends to begin providing video service in the service area described in the application;

(d) Verification signed by an officer or general partner of the applicant that:

(i) The applicant has filed with the federal communications commission all forms required by that agency in advance of offering video service in this state; and

(ii) The applicant is legally, financially and technically qualified to provide video service; provided however, that a cable operator that was providing cable service in Idaho pursuant to a franchise in effect on the day before the effective date of this section shall be deemed to be legally, financially and technically qualified to provide service; and

(e) Verification that the applicant has procured and will maintain comprehensive general liability insurance coverage and automobile liability insurance coverage underwritten by one (1) or more companies licensed to do business in the state of Idaho requiring that the insurance carrier pay on behalf of the applicant, to a limit of not less than five hundred thousand dollars ($500,000) for bodily or personal injury, death, or property damage or loss as a result of any one (1) occurrence or accident, regardless of the number of persons injured or the number of claimants, arising out of the negligent or otherwise wrongful act or omission of the applicant or applicant's employees or agents. Verification that a certificate of self-insurance has been issued to the applicant and maintained in accordance with the provisions of section 49-1224, Idaho Code, shall be deemed to satisfy the requirements of this subsection.

(4) The application shall be accompanied by a filing fee as set forth in section 50-3005, Idaho Code. Within thirty (30) days after filing of the application, or within thirty (30) days after the filing of supplemental information necessary to make the application complete, the secretary of state shall determine the completeness of an application or, if applicable, shall notify the applicant of a determination that the application or the application as supplemented by additional information is incomplete, state the basis for that determination, and inform the applicant that the applicant may resubmit a correct application. The secretary of state shall issue a certificate of franchise authority within fifteen (15) days after the secretary of state's determination that the filed application is complete and in compliance with the requirements of this chapter. Upon issuance of a certificate of franchise authority, the secretary of state shall, within fifteen (15) days from the date of such issuance, provide written notice of such issuance, provide written notice of such issuance to the governing body of each political subdivision and of each local unit of government located within the service area designated in the application for a certificate of franchise authority.

(5) A holder of a certificate of franchise authority may modify the boundaries of an existing service area authorized under the certificate by filing written notice of the modification with the secretary of state accompanied by the fee required by section 50-3005, Idaho Code. The holder of the certificate may make the modification on the date on which it files the written notice with the secretary of state.

(6) A certificate of franchise authority may be transferred to any successor of the system operator to which the certificate of franchise authority was initially issued upon the successor filing an application containing the same information as required in subsection (3) of this section. A successor may only undertake operation and maintenance of video facilities pursuant to an approved certificate of franchise authority upon providing notice to the local unit of government with jurisdiction concerning the public rights-of-way to be used. A successor shall be responsible to conform to approved plans and permits to coordinate installation and maintenance as required by the local unit of government.

(7) A certificate of franchise authority may be terminated by the system operator submitting a written notice to the secretary of state and any affected local unit of government. No approval of the termination of the certificate of franchise authority shall be required by the secretary of state or by any affected local unit of government. Termination of a certificate of franchise authority shall not relieve a system operator of any obligation to mitigate the effects of abandoned physical facilities remaining in any public rights-of-way.

(8) A certificate of franchise authority shall be nonexclusive and shall be for an initial term of ten (10) years, subject to changes in federal law. A certificate of franchise authority may be renewed for additional ten (10) year periods for system operators in compliance with the requirements of subsection (3) of this section.

(9) To the extent required for the purposes of 47 U.S.C. sections 521 through 561, the state of Idaho shall constitute the franchising authority for system operators in the state of Idaho.

(10) The duties of the secretary of state pursuant to this chapter are ministerial.

History:

[50-3003, added 2012, ch. 207, sec. 1, p. 553.]
Idaho Code § 50-1040 — Idaho Code / Title 50 / Chapter 10 / Section 50-1040
50-1040 CITY NOT LIABLE ON BONDS.
Status: in_force

50-1040. City not liable on bonds. Bonds issued pursuant to sections 50-1027 through 50-1042 shall not be a debt of the city and the city shall not be liable thereon, nor shall they be payable out of any funds other than the revenue pledged to the payment thereof. Each bond issued under the Revenue Bond Act shall recite, in substance, that said bond, including interest thereon, is payable solely from the revenue pledge to the payment thereof. Bonds may be issued under sections 50-1027 through 50-1042 notwithstanding and without regard to any limitation or restriction on the amount or percentage of indebtedness, or of outstanding obligations of a city.

History:

[50-1040, added 1967, ch. 429, sec. 200, p. 1249.]
Idaho Code § 50-2605 — Idaho Code / Title 50 / Chapter 26 / Section 50-2605
50-2605 NOTICE OF HEARING.
Status: in_force

50-2605. Notice of hearing. Notice of a hearing held under the provisions of this chapter shall be given by:

(1) One (1) publication of the resolution of intention in a newspaper of general circulation in the city; and

(2) Mailing a complete copy of the resolution of intention to each business in the proposed, or established district. Publication and mailing shall be completed at least ten (10) days prior to the time of the hearing.

History:

[50-2605, added 1980, ch. 192, sec. 1, p. 424.]
Idaho Code § 50-1725 — Idaho Code / Title 50 / Chapter 17 / Section 50-1725
50-1725 REISSUE OF BONDS.
Status: in_force

50-1725. Reissue of bonds. Where any bonds issued under this code are declared invalid or void by order or decree of court, which may be legally reissued, the council of such municipality shall, by ordinance, provide for the reissuance thereof at the same rate of interest and in such amount as will cover the principal and interest due on said bonds, and the ordinance providing for such reissue shall provide for the surrender and cancellation of such bonds upon which there has been a default or which have been declared invalid or void and the lien created by the levy of such assessment or assessments as herein provided shall not be deemed to have been lost or waived by such reissue but shall remain in full force and effect.

History:

[50-1725, added 1976, ch. 160, sec. 2, p. 586.]
Idaho Code § 50-2706 — Idaho Code / Title 50 / Chapter 27 / Section 50-2706
50-2706 PUBLIC CORPORATIONS — LIMITATIONS.
Status: in_force

50-2706. Public corporations — Limitations. No municipality may give or lend any money or property in aid of a public corporation chartered under the provisions of this chapter; provided, however, that a municipality may accept grants from the United States government or any agency thereof and apply grants in connection with industrial development facilities. The municipality that creates a public corporation shall annually review any financial statements of the public corporation and at all times shall have access to the books and records of the public corporation. No public corporation may issue revenue obligations under this chapter except upon the approval of both the municipality under the auspices of which it was created and the county or city within whose planning jurisdiction the proposed industrial development facility lies. No revenue bonds may be issued pursuant to this chapter unless the issuer makes a finding that in its opinion the interest paid on the bonds will be exempt from income taxation by the federal government. Revenue bonds issued by a corporation under this chapter shall not be considered to constitute a debt of the state, of the municipality or of any other municipal corporation, quasi-municipal corporation, subdivision or agency of this state or to pledge any or all of the faith and credit of any of these entities. The revenue bonds shall be payable solely from both the revenues derived as a result of the industrial development facilities funded by the revenue bonds, including, without limitation, amounts received under the terms of any financing document or by reason of any additional security furnished by the user of the industrial development facility in connection with the financing thereof, any money and other property received from private sources. Each revenue bond shall contain on its face statements to the effect that:

(a) Neither the state, the municipality or any other municipal corporation, quasi-municipal corporation, subdivision or agency of the state is obligated to pay the principal or the interest thereon;

(b) No tax funds or governmental revenue may be used to pay the principal or interest thereon; and

(c) Neither any or all of the faith and credit nor the taxing power of the state, the municipality or any other municipal corporation, quasi-municipal corporation, subdivision or agency thereof is pledged to the payment of the principal of or the interest on the revenue bond.

A public corporation may incur only those financial obligations which will be paid from revenues received pursuant to financing documents, from fees or charges paid by users or prospective users of the industrial development facilities funded by the revenue bonds or from the proceeds of revenue bonds. A public corporation established under the terms of this chapter constitutes an authority and an instrumentality of the municipality which creates it (within the meaning of those terms in the regulations of the United States treasury and the rulings of the Internal Revenue Services prescribed pursuant to section 103 of the Internal Revenue Code of 1954, as amended) and may act on behalf of the municipality under whose auspices it is created for the specific public purposes authorized by this chapter. The public corporation is not a municipal corporation within the meaning of the state constitution and the laws of the state or a political subdivision within the meaning of the state constitution and the laws of the state, including without limitation article VIII, section 4, of the Idaho constitution. A municipality shall not delegate to a public corporation any of the municipality's attributes of sovereignty, including, without limitation, the power to tax, the power of eminent domain and the police power.

History:

[50-2706, added 1982, ch. 119, sec. 1, p. 329.]
Idaho Code § 50-1036 — Idaho Code / Title 50 / Chapter 10 / Section 50-1036
50-1036 BONDS — FORM — CONDITIONS — BOND ANTICIPATION NOTES.
Status: in_force

50-1036. Bonds — Form — Conditions — Bond anticipation notes. (a) All revenue bonds issued under authority of this act shall be sold, executed and delivered in the same manner as provided by the municipal bond law for the sale of general obligation negotiable coupon bonds, except that issues of revenue bonds may, in the discretion of the governing body, be sold at a private sale without advertising the same at competitive bidding and at a price above, at, or below par. The ordinance authorizing the issuance of said bonds shall prescribe the form of bonds. Said bonds shall bear interest at a rate or rates, payable annually, or at such lesser intervals as may be prescribed by ordinance; may be in one (1) or more series, bear such date or dates, mature at such time or times, and be redeemable before maturity at the option of the city; may be payable in such medium of payment, at such place or places, may carry such registration privileges, may be subject to such terms of redemption, may contain such terms, covenants and conditions, and may be in such form, either coupon or registered, as such ordinance may provide. Pending preparation of the bonds, interim certificates, in such form and with such provisions as the council may determine, may be issued. Said bonds and interim certificates shall be fully negotiable within the meaning of and for all the purposes of the negotiable instruments law.

Notwithstanding the provisions of the municipal bond law, the governing body in any proceedings authorizing bonds under this act may:

(1) provide for the initial issuance of one (1) or more bonds, in this act called "bond," aggregating the amount of the entire issue;

(2) make such provision for instalment payments of the principal amount of any such bond as it may consider desirable;

(3) provide for the making of any such bond payable to bearer or otherwise, registrable as to principal or as to both principal and interest, and where interest accruing thereon is not represented by interest coupons, for the indorsing of payments of interest on such bonds; and

(4) further make provision in any such proceedings for the manner and circumstances in and under which any such bond may in the future, at the request of the holder thereof, be converted into bonds of smaller denominations, which bonds of smaller denominations may in turn be either coupon bonds or bonds registrable as to principal, or principal and interest, or both.

(b) Whenever the governing body considers it advisable and in the interests of the city to anticipate the issuance of revenue bonds to be issued under this act, the governing body may from time to time and pursuant to appropriate resolution issue bond anticipation notes. Each resolution authorizing the issuance of bond anticipation notes shall:

(1) describe the revenue bonds in anticipation of which the notes are to be issued; and

(2) shall specify the principal amount of the notes, the rate of interest and maturity date of the notes, which maturity date shall be not to exceed five (5) years from the date of issue of such notes; but the time of payment of any such notes may be extended for a period of not exceeding three (3) years from their maturity date.

Bond anticipation notes shall be issued and sold from time to time in such manner and at such price as the governing body shall by resolution determine. Bond anticipation notes shall be in bearer form, except that the governing body may provide for the registration of the notes in the name of the owner either as to principal alone, or as to principal and interest, and on such terms and conditions as the governing body may determine in the authorizing resolution. Interest on bond anticipation notes may be made payable semiannually, annually, or at maturity. Bond anticipation notes may be made redeemable prior to maturity at the option of the governing body in the manner and upon the terms fixed by the resolution authorizing their issuance. Bond anticipation notes shall be executed and shall be in such form and have such details and terms as shall be provided in the authorizing resolution.

Contemporaneously with the issuance of the revenue bonds in anticipation of which bond anticipation notes are issued, all bond anticipation notes so issued, even though they may not then have matured, shall be paid, both as to principal and interest, to date of payment; and all such notes shall be surrendered and canceled.

Bond anticipation notes and the interest on them shall be secured by a pledge of the income and revenues derived by the city from the project to be undertaken with the proceeds of the bond anticipation notes and shall also be made payable from funds derived from the sale of the revenue bonds in anticipation of which the notes are issued.

Bond anticipation notes may be refunded by the issuance of other bond anticipation notes maturing within not more than eight (8) years from the date of the issuance of the initial issue of bond anticipation notes for which this refunding is to be effected.

History:

[50-1036, added 1967, ch. 429, sec. 196, p. 1249; am. 1970, ch. 133, sec. 13, p. 23; am. 1970, ch. 219, sec. 1, p. 619; am. 1971, ch. 330, sec. 1, p. 1297; am. 1978, ch. 176, sec. 2, p. 403; am. 1981, ch. 300, sec. 1, p. 620.]
Idaho Code § 50-2914 — Idaho Code / Title 50 / Chapter 29 / Section 50-2914
50-2914 TERMINATION OF AN URBAN RENEWAL PLAN AND REVENUE ALLOCATION FINANCING PROVISION.
Status: in_force

50-2914. Termination of an Urban Renewal Plan and Revenue Allocation financing provision. (1) An urban renewal agency may terminate an urban renewal plan containing a revenue allocation financing provision on or before the termination date in accordance with the provisions of sections 50-2903(5) and 50-2909(4), Idaho Code. The urban renewal agency shall consider its ability to receive revenue in the year following the termination date when determining the timing of termination and the termination date.

(2) The local governing body of the municipality may initiate termination of an urban renewal plan containing a revenue allocation financing provision before the termination date as follows:

(a) The local governing body may adopt a resolution that directs the urban renewal agency to provide a termination plan for the termination of a specified urban renewal plan containing a revenue allocation financing provision to the local governing body within sixty (60) days of the agency's receipt of the local governing body's resolution, or such longer period as may be agreed to by the local governing body. Upon the adoption of the resolution, the urban renewal agency governing the urban renewal plan identified in the resolution shall no longer have the authority to enter into any financial obligations secured by the funding from any urban renewal financing provision of any urban renewal plan specified in the resolution, other than such obligations as are necessary to facilitate the termination of the urban renewal plan.

(b) The termination plan submitted by the urban renewal agency shall include a detailed summary of all agency obligations under such urban renewal plan and anticipated future obligations to implement the plan through the duration of the plan, including information on the use of revenues collected to fund specific projects and any capital improvement project plans. The termination plan shall also include a proposed termination timeline.

(c) The local governing body may then enact an ordinance terminating the urban renewal plan and any revenue allocation financing provisions included in such plan. The ordinance shall be recorded in the real property records of the county in which the agency operated. The local governing body shall transmit a copy of the recorded termination ordinance to the county clerk, any affected taxing districts, and the state tax commission within ten (10) business days of the recording date.

History:

[50-2914, added 2025, ch. 300, sec. 8, p. 1267.]
Idaho Code § 50-345 — Idaho Code / Title 50 / Chapter 3 / Section 50-345
50-345 COMPUTERIZED MAPPING SYSTEM FEES.
Status: in_force

50-345. Computerized mapping system fees. (1) As used in this section, "computerized mapping system" or "system" means the digital storage, processing and retrieval of cadastral information derived from local government records and related information such as land use, topography, water, streets and geographic features.

(2) In a city which develops a computerized mapping system, the city council may impose and collect fees from the users of this system for the development, maintenance and dissemination of digital forms of the system. These fees shall not exceed the actual costs of development, annual maintenance and dissemination of the computerized mapping system. These fees shall not apply to official paper maps produced from the computerized mapping system.

History:

[50-345, added 1995, ch. 129, sec. 1, p. 562.]
Idaho Code § 50-1926 — Idaho Code / Title 50 / Chapter 19 / Section 50-1926
50-1926 SEPARABILITY.
Status: in_force

50-1926. Separability. Notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent, that if any provision of sections 50-1901 through 50-1927, or the application thereof to any person or circumstance, is held invalid, the remainder sections 50-1901 through 50-1927 and the application of such provisions to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

History:

[50-1926, added 1967, ch. 429, sec. 416, p. 1249.]
Idaho Code § 50-2612 — Idaho Code / Title 50 / Chapter 26 / Section 50-2612
50-2612 USE OF ASSESSMENT PROCEEDS RESTRICTED.
Status: in_force

50-2612. Use of assessment proceeds restricted. The special assessments levied hereunder must be for the purposes specified in the ordinances and the proceeds shall not be used for any other purpose.

History:

[50-2612, added 1980, ch. 192, sec. 1, p. 426.]
Idaho Code § 50-218 — Idaho Code / Title 50 / Chapter 2 / Section 50-218
50-218 PROHIBITION AGAINST RECOGNITION OF INVALID OR STALE CLAIMS.
Status: in_force

50-218. Prohibition against recognition of invalid or stale claims. The city council of any city shall never allow, make valid, or in any manner recognize any demand against the city, which was not at the time of its creation a valid claim against the same; nor shall it authorize to be paid any demand which, without such action, would be invalid or which shall then be barred by any statute of limitation or for which the city was never liable, and any such action shall be void.

History:

[50-218, added 1967, ch. 429, sec. 11, p. 1249.]
Idaho Code § 50-2804 — Idaho Code / Title 50 / Chapter 28 / Section 50-2804
50-2804 AUTHORITY OF THE GOVERNOR.
Status: in_force

50-2804. Authority of the governor. The governor is authorized and directed to provide for the implementation and administration of the allocation formula established in section 50-2803, Idaho Code, by executive order. The executive order shall: (i) establish rules and procedures for the form, contents, submission, processing, priorities and approval of applications for allocations of the state ceiling; (ii) designate an agency for receipt, verification and approval of applications and for authorization of allocations; (iii) provide for the carry-forward of an allocation under section 146(f) of the code; (iv) provide for the issuance to governmental units of certificates evidencing an allocation of the state ceiling; (v) establish a period of time within which allocations must be used; (vi) provide for a means of reallocating portions of the state ceiling with respect to allocations for bonds or certificates that are not actually issued or are issued in a lesser amount than that portion of the state ceiling which was allocated to the bonds; and (vii) provide for, through the establishment of rules and procedures or otherwise, any other matters necessary or desirable to implement and administer the allocation formula and to provide for an efficient use of the state ceiling.

History:

[50-2804, added 1985, ch. 227, sec. 1, p. 544; am. 1988, ch. 303, sec. 4, p. 960; am. 2000, ch. 432, sec. 2, p. 1389.]
Idaho Code § 50-2717 — Idaho Code / Title 50 / Chapter 27 / Section 50-2717
50-2717 PROCEEDINGS IN THE EVENT OF DEFAULT.
Status: in_force

50-2717. Proceedings in the event of default. The proceedings authorizing any revenue bonds under this chapter or any financing document securing the revenue bonds may provide that if there is a default in the payment of the principal of or the interest on the bonds or in the performance of any agreement contained in the proceedings or financing document, the payment and performance may be enforced by mandamus or by the appointment of a receiver in equity with power to charge and collect rents, purchase price payments and loan repayments, and to apply the revenues from the industrial development facility in accordance with the proceedings or provisions of the financing document. Any financing document entered into under this chapter to secure revenue bonds issued under this chapter may also provide that if there is a default in the payment thereof or a violation of any agreement contained in the financing document, the industrial development facility may be foreclosed and sold under proceedings in equity or in any other manner now or hereafter permitted by law. Any financing document may also provide that any trustee under the financing document or the holder of any revenue bonds secured thereby may become the purchaser at any foreclosure sale if it is the highest bidder.

History:

[50-2717, added 1982, ch. 119, sec. 1, p. 335.]
Idaho Code § 50-1405 — Idaho Code / Title 50 / Chapter 14 / Section 50-1405
50-1405 CONVEYANCE — DISPOSITION OF PROCEEDS.
Status: in_force

50-1405. Conveyance — Disposition of proceeds. The proceeds received from the sale or exchange of property shall be utilized in a manner consistent with provisions of law regarding revenues received by the city.

History:

[50-1405, added 2001, ch. 331, sec. 6, p. 1163.]
Idaho Code § 50-3010 — Idaho Code / Title 50 / Chapter 30 / Section 50-3010
50-3010 DESIGNATION AND USE OF CHANNEL CAPACITY FOR PUBLIC, EDUCATIONAL OR GOVERNMENTAL USE.
Status: in_force

50-3010. DESIGNATION AND USE OF CHANNEL CAPACITY FOR PUBLIC, EDUCATIONAL OR GOVERNMENTAL USE. (1) On, or within a reasonable period of time after, the date on which a system operator first provides video service to a subscriber within the service area of a political subdivision, a system operator shall designate a sufficient amount of capacity on its video service network to allow the provision of public, educational and governmental access channels or their functional equivalents, hereinafter referred to in this section as PEG channels, for noncommercial programming, as follows:

(a) Designate a sufficient amount of capacity on its network to allow the provision of PEG channels equal in number to those that have been activated by an incumbent cable service provider on the date on which the system operator first provides video service to a subscriber within such political subdivision.

(b) If there is no incumbent cable service provider or no PEG channels have been activated within the jurisdictional limits of the political subdivision located within the system operator's service area on the date on which the system operator first provides video service to a subscriber within such service area, the system operator shall, upon request, provide a maximum of two (2), in total, PEG channels for a political subdivision with a population of at least fifty thousand (50,000), and one (1), in total, PEG channel for a political subdivision with a population of less than fifty thousand (50,000). Provided however, a request by a political subdivision for the provision of PEG channels by a system operator, or a waiver of the requirement to provide PEG channels, shall be uniformly applied to all system operators providing video service within the political subdivision.

(c) The number of PEG channels set forth in paragraphs (a) and (b) of this subsection shall constitute the total number of PEG channels that a system operator may be required to designate on any single head-end or hub office, or on all commonly owned video service networks that share a common head-end or hub office, regardless of the number of political subdivisions served from such head-end or hub office. If more than one (1) political subdivision is served by a single or common head-end or hub office, the populations within the jurisdictions of all those political subdivisions shall be aggregated to determine the total number of PEG channels under paragraphs (a) and (b) of this subsection.

(d) PEG channels provided by a system operator may be located by the system operator on any service tier subscribed to by more than fifty percent (50%) of a system operator's subscribers. PEG channels shall be of similar quality and functionality to that offered by commercial channels on such tier of service unless the signal is provided to the system operator at a lower quality or with less functionality.

(e) A system operator shall not change a channel location assigned to any PEG channel without written notice to the affected political subdivision at least sixty (60) days before the date on which the change is to become effective.

(f) The PEG agency producing the PEG programming and transmitting it to the system operator shall ensure that all transmissions, content or programming to be transmitted to the system operator are provided or submitted in a manner or form that is capable of being accepted and transmitted by the system operator over its video service network without alteration or change in the content or transmission signal and is compatible with the technology or protocol utilized by the system operator to deliver its video service. If the PEG agency cannot produce or maintain PEG programming in that manner or form, the agency shall do so in a manner that conforms to the then existing industry standards. If a change by the PEG agency in the manner or form of the content or programming is required, and such change conforms to the then existing industry standards, the system operator shall accept such programming for transmission over its video service network in the manner that is most economical to the system operator.

(2) The production and content of any programming aired on any channel provided for PEG use shall be solely the responsibility of the public, educational and governmental agencies receiving the benefit of such capacity. The system operator shall bear the responsibility for the transmission of such content only to the extent that such content complies with the requirements of subsection (1)(f) of this section.

(3) Governmental entities utilizing channels for PEG use shall make the programming available to all video service providers providing service within such governmental entity's jurisdiction in a nondiscriminatory manner. Each system operator shall be responsible for providing one (1) point of connectivity to the governmental entity's PEG channel distribution point within the jurisdiction to be served. The governmental entity providing programming for use on a channel designated for PEG use may request a change of the point of connectivity but shall pay the system operator for all costs associated with the change of the point of connectivity.

(4) No franchising entity may require a video service provider to provide any institutional network or equivalent capacity on its video service network.

(5) Where technically feasible, a system operator shall use reasonable efforts to interconnect its video network for the purposes of sharing PEG programming with other video service providers. Interconnection may be accomplished by direct cable, microwave link, satellite or other reasonable method of connection. System operators shall negotiate in good faith to provide interconnection of PEG channels. The video service provider requesting interconnection shall pay all costs for such interconnection.

(6) The operation of any PEG channel provided pursuant to this section and the production of any programming that appears on each such channel shall be the sole responsibility of the governmental entity receiving the benefit of such channel, and the system operator shall bear only the responsibility for the transmission of the programming on each such channel to subscribers and the initial cost of connecting to existing and obligated PEG access channels.

History:

[50-3010, added 2012, ch. 207, sec. 1, p. 560.]
Idaho Code § 50-2703 — Idaho Code / Title 50 / Chapter 27 / Section 50-2703
50-2703 PUBLIC CORPORATIONS — CREATION, DISSOLUTION.
Status: in_force

50-2703. Public corporations — Creation, dissolution. (1) For the purpose of facilitating economic development and employment opportunities in the state of Idaho through the financing of the project costs of industrial development facilities, a municipality may enact an ordinance creating a public corporation for the purposes authorized in this chapter. The ordinance creating the public corporation shall approve a charter for the public corporation containing such provisions as are authorized by and not in conflict with this chapter. Any charter issued under this chapter shall contain in substance the limitations set forth in section 50-2706, Idaho Code. In any suit, action or proceeding involving the validity or enforcement of or relating to any contract of the public corporation and for all other purposes, the public corporation shall be conclusively presumed to have been duly created and authorized to transact business and exercise its powers under this chapter upon proof of the adoption of the ordinance creating the public corporation by the governing body. A copy of the ordinance duly certified by the clerk of the governing body of the municipality shall be admissible in evidence in any suit, action or proceeding.

(2) A public corporation created by a municipality pursuant to this chapter may be dissolved by the municipality if the public corporation:

(a) Has no property to administer other than funds or property, if any, to be paid or transferred to the municipality by which it was established; and

(b) All its outstanding obligations have been satisfied.

Such a dissolution shall be accomplished by the governing body of the municipality adopting an ordinance providing for the dissolution.

(3) The creating municipality may, at its discretion and at any time, alter or change the structure, organizational programs or activities of a public corporation, including termination of the public corporation if contracts entered into by the public corporation are not impaired. Any net earnings of a public corporation, beyond those necessary for retirement of indebtedness incurred by it, shall not inure to the benefit of any person other than the granting municipality. Upon dissolution of a public corporation, title to all property owned by the public corporation shall vest in the municipality.

History:

[50-2703, added 1982, ch. 119, sec. 1, p. 328.]
Idaho Code § 50-2618 — Idaho Code / Title 50 / Chapter 26 / Section 50-2618
50-2618 DISESTABLISHMENT OF DISTRICT — HEARING.
Status: in_force

50-2618. Disestablishment of district — Hearing. (1) The legislative authority may disestablish a district by ordinance after a hearing before the legislative authority. The legislative authority shall adopt a resolution of intention to disestablish the district at least fifteen (15) days prior to the hearing required by this section. The resolution shall give the time and place of the hearing.

(2) The legislative authority shall disestablish a district if the businesses in the district which pay a majority of the assessments, petition in writing for such disestablishment.

History:

[50-2618, added 1980, ch. 192, sec. 1, p. 427.]
Idaho Code § 50-2109 — Idaho Code / Title 50 / Chapter 21 / Section 50-2109
50-2109 NEW CORPORATE SUCCESSOR TO FORMER CORPORATIONS.
Status: in_force

50-2109. New corporate successor to former corporations. Any city, created by the consolidation of two (2) or more cities under the provisions of section 50-2101 through 50-2114, shall for all purposes be deemed and taken to be the successor of the several corporations so consolidated therein; and the title to any property owned or held by any such corporations, in trust or otherwise for public use, shall, upon such consolidation being completed as hereinbefore provided, ipso facto be vested in such new corporation, or any officer of board thereof which has the power to hold or control such property under the law under which the greater or greatest in population of the cities so consolidated was theretofore governed. The governing body of such newly consolidated corporation shall provide for the payment of the indebtedness of each of the cities consolidated 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, and for that purpose and for all other purposes, such new consolidated city and its officers shall be deemed the successor and successors of such cities so consolidated and their respective offices, and succeed to both the property and liabilities of such corporation, not otherwise provided for under sections 50-2101 through 50-2114.

History:

[50-2109, added 1967, ch. 429, sec. 426, p. 1249.]
Idaho Code § 50-1901 — Idaho Code / Title 50 / Chapter 19 / Section 50-1901
50-1901 SHORT TITLE.
Status: in_force

50-1901. Short title. The provisions of sections 50-1901 through 50-1927 may be referred to as the "Housing Authorities and Cooperation Law."

History:

[50-1901, added 1967, ch. 429, sec. 391, p. 1249.]
Idaho Code § 50-401 — Idaho Code / Title 50 / Chapter 4 / Section 50-401
50-401 SHORT TITLE.
Status: in_force

50-401. Short title. This chapter shall be known and cited as the "Idaho Municipal Election Laws."

History:

[50-401, added 1978, ch. 329, sec. 2, p. 826.]
Idaho Code § 50-701 — Idaho Code / Title 50 / Chapter 7 / Section 50-701
50-701 COMPOSITION — POWERS.
Status: in_force

50-701. Composition — Powers. The legislative authority of each city in the state of Idaho, except those operating under the provisions of section 50-801 through 50-812 shall be vested in a council consisting of either four (4) or six (6) members, one half (1/2) of whom shall be elected at each general city election. Councils shall have such powers and duties as are now or may hereafter be provided under the general laws of the state of Idaho.

History:

[50-701, added 1967, ch. 429, sec. 132, p. 1249.]
Idaho Code § 50-3112 — Idaho Code / Title 50 / Chapter 31 / Section 50-3112
50-3112 NOTICE AND CONDUCT OF ELECTION.
Status: in_force

50-3112. Notice and conduct of election. (1) Any election pursuant to this chapter shall be a nonpartisan election, and in regard to election dates, shall be held in compliance with section 34-106, Idaho Code, or section 50-405, Idaho Code. Except as otherwise specifically set forth in this section, the district board shall cause the election to be held and conducted in the same manner prescribed by law for the holding of general elections in this state, including chapter 14, title 34, Idaho Code, and shall call the election by posting notices in three (3) public places within the boundaries of the district not less than thirty (30) days before the election. Notice shall also be published twice, the first time not less than twelve (12) days prior to the election and the second time not less than five (5) days prior to the election, in a newspaper of general circulation in each county or city in which the proposed district is located. A copy of such notice shall also be mailed to each district resident and each owner of real property in the district if known or such owner's agent if known, addressed to such person at his or her post office address if known or, if unknown, to a post office in the county or city where the district is located. Ownership of real property shall be determined as of the date of the adoption of the resolution ordering the hearing. The notice shall state:

(a) The place of holding the election;

(b) Subject to section 34-1409, Idaho Code, the hours during the day in which the polls will be open;

(c) If the election is a bond election, whether the bonds are general obligation bonds or revenue bonds, the total principal amount of bonds to be authorized, whether the bonds will be issued in series, the maximum rate of interest to be paid on the bonds and the maximum term of the bonds, not exceeding thirty (30) years;

(d) If the election is an election to change or eliminate an existing tax, the maximum tax amount to be imposed as a result of the change or elimination;

(e) The purposes for which property taxes levied and revenues raised will be used, including a description of the community infrastructure to be financed with tax revenues, district revenues or bond proceeds;

(f) That the imposition of property taxes will result in a lien for the payment thereof on real property within the district; and

(g) That a general plan is on file with the county clerk of each county in which the district is located.

(2) The district board shall determine the date of the election and the polling place or places for the election. The district board may establish, change, and consolidate election precincts within the district, as it deems necessary and appropriate, and shall define precinct boundaries.

(3) Subject to section 50-3102(10) and (13), Idaho Code, the current property rolls for the district and current voter lists in effect at the time that the election has begun shall be used to determine the qualified electors. If the district includes land lying partly in and partly out of any precinct, the voter lists may contain the names of all electors in the precinct, and the precinct boards at those precincts shall require that a prospective elector execute an affidavit stating that the elector is also a qualified elector.

(4) If the district is to be located within two (2) or more counties and/or cities, the election shall be held on the same day in each jurisdiction.

(5) The ballot material provided to each voter shall include:

(a) For an election concerning the issuance of bonds, an impartial description of the bonds to be issued and an impartial description of the property taxes to be imposed; the method of apportionment, collection and enforcement and other details sufficient to enable each qualified elector to reasonably estimate the amount of tax he or she will be obligated to pay; and a statement that the issuance of the bonds and the imposition of property taxes is for the provision of certain, but not necessarily all, community infrastructure that may be needed or desirable within the district, and that other taxes or assessments by other governmental entities may be presented for approval by qualified electors; and

(b) For an election to change an existing maximum tax or eliminate an existing tax, an impartial description of the change or elimination.

(6) Within ten (10) days after an election, the district board shall meet and canvass the returns, and declare the results thereof. At least a two-thirds (2/3) majority of the votes cast at the election shall be required for issuing bonds or changing an existing tax. The canvass may be continued for an additional period not to exceed thirty (30) days at the election of the district board for the purpose of completing the canvass. Failure of a required majority to vote in favor of the matter submitted shall not prejudice the submission of the same or similar matters at a later election. The canvass of any general obligation bond election shall be filed and recorded in each county in which the district is located.

(7) In any election held pursuant to this chapter, every voter may vote at any election held pursuant to this chapter, but shall be entitled to cast votes, as follows: (i) each resident qualified elector shall be entitled to one (1) vote; and (ii) each owner qualified elector shall be entitled to one (1) vote. An owner qualified elector shall not be entitled to an additional vote as a result of also being a resident of the district. When record title is held in more than one (1) name, the owners shall file with the clerk of the district at or prior to the election a designation in writing, of which one of the owners shall be deemed the owner for purposes of voting.

(8) In conducting an election, the polling official may require evidence of ownership of property and designation of the power to exercise the vote of any owner consistent with the provisions of this section and section 50-3102(10), Idaho Code.

History:

[50-3112, added 2008, ch. 410, sec. 1, p. 1155; am. 2019, ch. 161, sec. 9, p. 538.]
Idaho Code § 50-2013 — Idaho Code / Title 50 / Chapter 20 / Section 50-2013
50-2013 BONDS AS LEGAL INVESTMENTS.
Status: in_force

50-2013. Bonds as legal investments. All banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking or investment business, all insurance companies, insurance associations, and other persons carrying on an insurance business; and all executors, administrators, curators, trustees, and other fiduciaries, may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds or other obligations issued by an urban renewal agency pursuant to this act: Provided that such bonds and other obligations shall be secured by an agreement between the issuer and the federal government in which the issuer agrees to borrow from the federal government and the federal government agrees to lend to the issuer, prior to the maturity of such bonds or other obligations, moneys in an amount which (together with any other moneys irrevocably committed to the payment of principal and interest on such bonds or other obligations) will suffice to pay the principal of such bonds or other obligations with interest to maturity thereon, which moneys under the terms of said agreement are required to be used for the purpose of paying the principal of and the interest on such bonds or other obligations at their maturity. Such bonds and other obligations shall be authorized security for all public deposits. It is the purpose of this section to authorize any persons, political subdivisions and officers, public or private, to use any funds owned or controlled by them for the purchase of any such bonds or other obligations. Nothing contained in this section with regard to legal investments shall be construed as relieving any person of any duty of exercising reasonable care in selecting securities.

History:

[50-2013, added 1965, ch. 246, sec. 13, p. 600.]
Idaho Code § 50-1740 — Idaho Code / Title 50 / Chapter 17 / Section 50-1740
50-1740 DELINQUENT CERTIFICATE REGISTER.
Status: in_force

50-1740. Delinquent certificate register. Within twenty (20) days after preparing and issuing any delinquency certificate the treasurer shall enter the same in a book to be kept by said treasurer known as "Local Improvement District Delinquency Certificate Register," which register shall contain in proper columns, the number of the assessment, the name of the district in which assessed, name of the person to whom assessed, if known, description of the property sold, corresponding with the description in the certificate and the assessment roll, amount of assessment, penalty, and the treasurer must regularly number each entry in said register on the margin of said book and put a corresponding number on each original and duplicate delinquency certificate. Such register must contain blank spaces following each entry of a delinquency certificate therein, in which may be entered the name of an assignee thereof, the date of such assignment and the amount paid the assignee, the name of a redemptioner thereof, the date of such redemption and the amount paid by such redemptioner. Such book or register shall be retained by the treasurer and become a part of the records of his office. From and after entry in such register and until two (2) years from its date, any such certificate, unless redeemed, may be purchased from the treasurer in the manner hereinafter provided.

History:

[50-1740, added 1967, ch. 429, sec. 326, p. 1249.]
Idaho Code § 50-2209 — Idaho Code / Title 50 / Chapter 22 / Section 50-2209
50-2209 COLLECTION AND DISPOSITION OF CURRENT TAX LEVIES.
Status: in_force

50-2209. Collection and disposition of current tax levies. If at the time of such disincorporation, a tax shall have been levied by said city and remains uncollected, it shall be the duty of the tax collector of the county in which said corporation is situated to collect said tax when due and pay the same into the county treasury. All property upon which any city tax has been levied and the same has become delinquent, either before or after the date of such disincorporation, and all property, sold for any tax levy by said corporation, may be redeemed by any party interested within the time provided by law by the payment to the county treasurer upon the estimates of the auditor, of the money that would have been necessary to redeem said property, had such city not disincorporated. All moneys paid into the county treasury under the provisions of sections 50-2201 through 50-2213 shall be placed to the credit of the special fund hereinbefore provided.

History:

[50-2209, added 1967, ch. 429, sec. 440, p. 1249.]
Idaho Code § 50-2609 — Idaho Code / Title 50 / Chapter 26 / Section 50-2609
50-2609 SPECIAL ASSESSMENTS — SAME BASIS OR RATE FOR CLASSES NOT REQUIRED — FACTORS AS TO PARKING FACILITIES.
Status: in_force

50-2609. Special assessments — Same basis or rate for classes not required — Factors as to parking facilities. The special assessments need not be imposed on different classes of business, as determined pursuant to section 50-2608, Idaho Code, on the same basis or the same rate: Provided, however, that the special assessments imposed for the purpose of the acquisition, construction or maintenance of parking facilities for the benefit of the district shall be imposed on the basis of benefit determined by the legislative authority after giving consideration to the total cost to be recovered from the businesses upon which the special assessment is to be imposed, the total area within the boundaries of the business improvement district, the assessed value of the land and improvements within the district, the total business volume generated within the district and within each business, and such other factors as the legislative authority may find and determine to be a reasonable measure of such benefit.

History:

[50-2609, added 1980, ch. 192, sec. 1, p. 425.]
Idaho Code § 50-227 — Idaho Code / Title 50 / Chapter 2 / Section 50-227
50-227 SEPARATION OF AGRICULTURAL LANDS — NOTICE OF PETITION AND HEARING THEREON.
Status: in_force

50-227. Separation of agricultural lands — Notice of petition and hearing thereon. Upon the filing of such petition with the clerk of such court and paying a fee of ten dollars ($10.00), which fee shall be in full for all clerk's fees except the regular fees provided by law on the appeals, the said court shall fix a time for the hearing thereupon, which shall not be less than thirty (30) days from the filing of such petition, and the petitioners shall serve or cause to be served a notice of such hearing upon the mayor or clerk of such city at least twenty (20) days before the time fixed for such hearing.

The said petitioner or petitioners shall also cause to be published once a week in two (2) consecutive weekly issues in some newspaper published in said city where the land sought to be detached is situated, or, in case no newspaper is published in said city, cause notices to be posted in at least three (3) conspicuous places in said city, said notice stating the time and place of such hearing and that any person desiring to protest or object to the granting of the prayer of said petition may do so by filing with the clerk of said court at least two (2) days before the day set for the hearing of said petition his objections or protests in writing. Such notice shall state generally the purpose of the petition and the location and description of the land sought to be detached from the corporate limits of said city.

History:

[50-227, added 1967, ch. 429, sec. 98, p. 1249.]
Idaho Code § 50-2001 — Idaho Code / Title 50 / Chapter 20 / Section 50-2001
50-2001 SHORT TITLE.
Status: in_force

50-2001. Short title. This act shall be known and may be cited as the "Idaho Urban Renewal Law of 1965".

History:

[50-2001, added 1965, ch. 246, sec. 1, p. 600.]
Idaho Code § 50-1329 — Idaho Code / Title 50 / Chapter 13 / Section 50-1329
50-1329 VIOLATION A MISDEMEANOR.
Status: in_force

50-1329. Violation a misdemeanor. Any person, firm or corporation who constructs, or causes to be constructed, a building or shelter prior to the satisfaction of the sanitary restriction, or who installs or causes to be installed water and sewer facilities thereon prior to the issuance of a certificate of approval by the director of the department of environmental quality, shall be guilty of a misdemeanor. Each and every day that such activities are carried on in violation of this section shall constitute a separate and distinct offense.

History:

[50-1329, as added by 1971, ch. 329, sec. 5, p. 1294; am. 1989, ch. 233, sec. 4, p. 571; am. 2001, ch. 103, sec. 93, p. 332.]
Idaho Code § 50-606 — Idaho Code / Title 50 / Chapter 6 / Section 50-606
50-606 POLICE POWERS OF MAYOR.
Status: in_force

50-606. Police powers of mayor. The mayor shall have such jurisdiction as may be vested in him by ordinance over all places within the corporate limits of the city, for the enforcement of any health or quarantine ordinance and regulation thereof, and shall have jurisdiction in all matters vested in him by ordinance, except taxation, within the corporate limits of said city and over such properties as may be owned by the city without the corporate limits.

History:

[50-606, added 1967, ch. 429, sec. 126, p. 1249; am. 2021, ch. 39, sec. 2, p. 91.]
Idaho Code § 50-1801 — Idaho Code / Title 50 / Chapter 18 / Section 50-1801
50-1801 CITY IRRIGATION SYSTEM AUTHORIZED.
Status: in_force

50-1801. City irrigation system authorized. Any city within the state of Idaho is hereby authorized, in the whole or part of the city to establish a city irrigation system and to extend the boundaries within which it will supply and deliver irrigation water; to acquire by purchase, contract, eminent domain or otherwise and to operate, maintain, construct, improve, enlarge and extend an irrigation system to supply water to a part or all of the lands, lots, parcels and pieces of real estate within the limits of such city; to acquire by appropriation, purchase, contract, eminent domain or by any other lawful means not herein enumerated any of the public or private waters of the state of Idaho whether such waters are surface or subterranean waters; to acquire, extend, enlarge, maintain and operate any canals, ditches, conduits and rights of way for ditches, canals and conduits by contract, deed, eminent domain or any other lawful means for the use of such city in supplying water to and distributing the same throughout the city.

History:

[50-1801, added 1967, ch. 429, sec. 356, p. 1249.]
Idaho Code § 50-1518 — Idaho Code / Title 50 / Chapter 15 / Section 50-1518
50-1518 CONSTRUCTION OF STATUTE.
Status: in_force

50-1518. Construction of statute. The provisions of this chapter shall be liberally construed, with the object of promotion of justice and the welfare of the persons subject to its provisions.

History:

[50-1518, added 1967, ch. 429, sec. 270, p. 1249.]
Idaho Code § 50-1018 — Idaho Code / Title 50 / Chapter 10 / Section 50-1018
50-1018 PAYMENT OF CLAIMS.
Status: in_force

50-1018. Payment of claims. Upon approval of claims by the council, payment may be ordered by warrant or by electronic means, signed by or authorized by the mayor and clerk or by check or by electronic means signed by or authorized by the mayor and treasurer. The order for their payment shall specify the particular fund or appropriation out of which they are payable, as specified in the annual appropriation bill. In the absence of sufficient funds, the council may, by resolution, order payment of claims by money borrowed by either:

(1) Registered warrants as provided in section 31-2125, Idaho Code, or

(2) By issuing its tax anticipation notes as provided in section 63-3102, Idaho Code, or

(3) Short term borrowing not involved with the tax effort in anticipation of approved federal or state grants.

History:

[50-1018, added 1967, ch. 429, sec. 178, p. 1249; am. 1976, ch. 48, sec. 1, p. 147; am. 2003, ch. 69, sec. 2, p. 235.]
Idaho Code § 50-1047 — Idaho Code / Title 50 / Chapter 10 / Section 50-1047
50-1047 GENERAL PROVISIONS.
Status: in_force

50-1047. General provisions. Any ordinance assessing a tax pursuant to this act shall contain a finding by the local governing body of the city based upon evidence presented to it that the condition set forth in section 50-1044, Idaho Code, exists and shall provide the methods for reporting and collecting taxes due. Taxes collected pursuant to any such ordinance shall be remitted to the city official designated in such ordinance or other such official contracting, pursuant to this act, with the city to provide collection services, and shall constitute revenue of the city available for any lawful corporate purpose approved by city voters subject to the provisions of this act. In any election, the ordinance submitted to city voters shall: (a) state and define the specific tax to be approved; (b) state the exact rate of the tax to be assessed; (c) state the exact purpose or purposes for which the revenues derived from the tax shall be used; and (d) state the duration of the tax. No tax shall be redefined, no rate shall be increased, no purpose shall be modified, and no duration shall be extended without subsequent approval of city voters. An ordinance adopting any local-option nonproperty tax authorized by this act may provide for separate identification of taxes as may be appropriate. The city clerk of any city adopting an ordinance pursuant to this act shall, immediately following approval of such ordinance, or any amendment thereto, forward a copy of said ordinance or amendment to the chairman of the state tax commission, and the chairman of the state board of tax appeals.

History:

[50-1047, added 1978, ch. 261, sec. 5, p. 568; am. 1979, ch. 221, sec. 1, p. 616; am. 1994, ch. 180, sec. 92, p. 488; am. 2003, ch. 32, sec. 25, p. 132.]
Idaho Code § 50-1828 — Idaho Code / Title 50 / Chapter 18 / Section 50-1828
50-1828 DISPOSAL OF FUNDS FROM SALES.
Status: in_force

50-1828. Disposal of funds from sales. All moneys received from the sale of any lots, pieces or parcels of real estate under the provisions of sections 50-1801 through 50-1835 shall be paid into the city irrigation system fund by the treasurer of the city, and shall be apportioned to the various funds on the same basis as levies upon which the sale was made.

History:

[50-1828, added 1967, ch. 429, sec. 383, p. 1249.]
Idaho Code § 50-3105 — Idaho Code / Title 50 / Chapter 31 / Section 50-3105
50-3105 DISTRICT POWERS.
Status: in_force

50-3105. District powers. (1) A district formed pursuant to this chapter, although a political subdivision of this state, is not a governmental entity of general purposes and powers, but is a special limited purposes district, with powers only as permitted under this chapter, which powers include the power to finance community infrastructure consistent with the general plan and, in implementing the general plan, to:

(a) Enter into contracts and expend moneys for any community infrastructure purposes and/or district operations;

(b) Enter into intergovernmental agreements as provided for in sections 67-2326 through 67-2333, Idaho Code;

(c) Enter into district development agreements;

(d) Acquire interests in real property and personal property for community infrastructure, within or without the district, and sell, dedicate, lease or otherwise dispose of district property if the sale, dedication, lease or conveyance is not a violation of the terms of any contract or bond covenant of the district;

(e) Plan, design, engineer, acquire, construct and install community infrastructure, including acquiring, converting, renovating or improving existing facilities;

(f) Employ and establish and pay compensation for staff, counsel and consultants;

(g) Reimburse a county, city or other political subdivision of this state for staff and consultant services supplied by the county, city or other political subdivision;

(h) Accept gifts or grants and incur and repay loans for any community infrastructure;

(i) Enter into agreements with owners concerning the advance of money by owners for community infrastructure or the granting of real property by the owners for community infrastructure;

(j) Establish, impose and collect or cause to be collected special assessments on real property located within an assessment area of the district and, in conjunction with the imposition of such assessments, set and collect or cause to be collected administrative fees for community infrastructure;

(k) Levy property taxes on real property located within the district and, in conjunction with the levy of such taxes, set and collect or cause to be collected administrative fees for community infrastructure;

(l) Incur expenses of the district incident to and reasonably necessary to implement the general plan, and pay the same, including the financial, legal and administrative costs of the district;

(m) Borrow money and incur indebtedness and evidence the same by certificates, notes, bonds or debentures, and enter into contracts, agreements and trust indentures to obtain credit enhancement or liquidity support for its bonds and process the issuance, registration, transfer and payment of its bonds and the disbursement and investment of proceeds of its bonds;

(n) Use public easements and rights-of-way in or across public property, roadways, highways, streets or other thoroughfares and other public easements and rights-of-way, whether in or out of the geographical limits of the district, county or city; and

(o) Sue and be sued and prosecute and defend, at law or in equity.

(2) Community infrastructure other than personalty, may be located only in or on lands, easements or rights-of-way publicly owned by this state or a political subdivision thereof.

(3) An agreement pursuant to subsection (1) of this section may include agreements to repay all or part of such advances, fees and charges from the proceeds of bonds if issued, or from advances, fees and charges collected from other owners or users or those having a right to use any community infrastructure. A person does not have authority to compel the issuance or sale of the bonds of the district or the exercise of any taxing power of the district to make repayment under any agreement.

(4) With respect to goods, services or construction to be paid for or financed pursuant to this chapter, the district, as a political subdivision of this state, shall comply with all applicable procurement statutes of this state, including section 67-2320, Idaho Code, and chapter 28, title 67, Idaho Code.

History:

[50-3105, added 2008, ch. 410, sec. 1, p. 1146.]
Idaho Code § 50-1039 — Idaho Code / Title 50 / Chapter 10 / Section 50-1039
50-1039 LIEN OF BONDS.
Status: in_force

50-1039. Lien of bonds. All bonds of the same issue shall, subject to the prior and superior rights of outstanding bonds, claims or obligations, have prior and paramount lien on the revenue of the works or rehabilitated existing electrical generating facilities for which said bonds have been issued, except that where provision is made in the ordinance authorizing any issue or series of bonds for the issuance of additional bonds in the future on a parity therewith pursuant to procedures or restrictions provided in such ordinance, additional bonds may be issued in the future on a parity with such issue or series in the manner so provided in such ordinance. All bonds of the same issue shall be equally and ratably secured without priority by reason of number, date of bonds, date of sale, date of execution, or date of delivery, by a lien on said revenue in accordance with the provisions of the Revenue Bond Act and the ordinance authorizing said bonds. Special facility bonds issued for airport facilities and air navigation facilities to be owned by private persons, associations or corporations and not by the political subdivision of the state or regional airport authority as defined by law shall be additionally secured by a deed of trust, mortgage or other lien on the facilities or other security or credit enhancement provisions.

History:

[50-1039, added 1967, ch. 429, sec. 199, p. 1249; am. 1970, ch. 219, sec. 1, p. 619; am. 1977, ch. 50, sec. 8, p. 99; am. 2011, ch. 129, sec. 4, p. 362.]
Idaho Code § 50-1728 — Idaho Code / Title 50 / Chapter 17 / Section 50-1728
50-1728 CONSOLIDATED LOCAL IMPROVEMENT DISTRICTS AUTHORIZED.
Status: in_force

50-1728. Consolidated local improvement districts authorized. Solely for the purpose of issuing bonds, registered warrants, or interim warrants, the governing body of any municipality may authorize the establishment of consolidated local improvement districts. The original local improvement districts so consolidated need not be contiguous. If the council orders the creation of such consolidated local improvement districts, the moneys received from the installment payment of the principal of and interest on assessments levied within the original local improvement districts shall be deposited in a consolidated local improvement district bond fund and interest fund to be used to pay the principal of and interest on the outstanding consolidated local improvement district bonds or warrants.

History:

[50-1728, added 1981, ch. 149, sec. 1, p. 259.]
Idaho Code § 50-3110 — Idaho Code / Title 50 / Chapter 31 / Section 50-3110
50-3110 REVENUE BONDS — ELECTION.
Status: in_force

50-3110. Revenue bonds — Election. (1) Subject to section 3, article VIII, of the constitution of the state of Idaho, after district formation, whenever the district board shall deem it advisable to issue revenue bonds of the district, the district board shall provide therefor by resolution, which resolution shall specify and set forth the community infrastructure consistent with the general plan to be financed with such bonds.

(2) The resolution shall also provide for holding an election, held in compliance with section 50-3112, Idaho Code, to submit to the qualified electors of the district the question of authorizing the district to issue revenue bonds of the district to provide moneys for such community infrastructure consistent with the general plan.

(3) Except as otherwise specifically set forth in this section, the provisions of the water and sewer district revenue bond act codified in chapter 41, title 42, Idaho Code, shall apply with respect to the issuance of revenue bonds and refunding bonds under this section in substantially the same manner as if the district were a water and/or sewer district issuing bonds pursuant to the water and sewer district revenue bond act, and the district board shall conduct itself in the issuance of revenue bonds in substantially the same manner as the commissioners of a district under the water and sewer district revenue bond act.

(4) If the revenue bonds are approved at the election, the district board shall thereupon be authorized to issue and create such indebtedness in the manner and for the purposes specified in said resolution, and such bonds shall be issued and sold in the manner provided by the laws of the state of Idaho.

(5) After the bonds are issued, the district board shall enter in its minutes a record of the bonds sold and their numbers and dates and shall periodically collect the pledged revenues to pay the debt service on the bonds when due.

(6) Money derived from the collection of revenues pledged to pay the debt service on the bonds shall be kept separately from other moneys of the district.

(7) No holder of revenue bonds issued pursuant to this chapter may compel any exercise of the taxing power of the district, county or city to pay the bonds or the interest on the bonds. Revenue bonds issued pursuant to this chapter are not a debt of the state or any political subdivision thereof, including any county or city in which the district is located, nor are they the debt of the district, other than with respect to the revenue pledged to the payment of the bonds. The payment of revenue bonds is not enforceable out of any money other than the revenue pledged to the payment of the bonds.

(8) Subject to the provisions of this section, a district may issue revenue bonds at such times and in such amounts as the district deems appropriate to carry out a project in phases.

(9) The district may issue and sell refunding bonds to refund revenue bonds of the district authorized by this section. The principal amount of the refunding bonds may be more or less than the principal amount of the bonds being refunded, provided the proceeds of the refunding bonds are used only for refunding purposes and payment of the costs thereof, and the total obligation of the district is not increased, that is, if the amount of the refunding bonds is more than the principal amount of the bonds being refunded, issuance of the refunding bonds will result in a net present value savings to the district. No election shall be required in connection with the issuance and sale of such refunding bonds. Refunding bonds issued pursuant to this section shall have a final maturity date no later than the final maturity date of the bonds being refunded.

History:

[50-3110, added 2008, ch. 410, sec. 1, p. 1153.]
Idaho Code § 50-415 — Idaho Code / Title 50 / Chapter 4 / Section 50-415
50-415 CERTIFICATES OF ELECTIONS.
Status: in_force

50-415. Certificates of elections. A certificate of election for each elected city official or appointee to fill such position shall be made under the corporate seal by the city clerk, signed by the mayor and clerk, and presented to such officials at the time of subscribing to the oath of office.

History:

[(50-415) 50-470, added 1978, ch. 329, sec. 2, p. 846; am. and redesig. 2009, ch. 341, sec. 116, p. 1054.]
Idaho Code § 50-708 — Idaho Code / Title 50 / Chapter 7 / Section 50-708
50-708 EXAMINATION OF ACCOUNTS OF FISCAL OFFICERS.
Status: in_force

50-708. Examination of accounts of fiscal officers. At least once in each quarter of each year, the council shall examine by review of a quarterly treasurer's report included upon the city council agenda the accounts and doings subject to management by the chief financial officer of the city. Such report shall be completed no more than thirty (30) days after the end of each calendar quarter and shall then be transmitted to the city clerk for inclusion on the next available city council agenda.

History:

[50-708, added 1967, ch. 429, sec. 139, p. 1249; am. 2017, ch. 129, sec. 2, p. 303.]
Idaho Code § 50-1324 — Idaho Code / Title 50 / Chapter 13 / Section 50-1324
50-1324 RECORDING VACATIONS.
Status: in_force

50-1324. Recording vacations. (1) Before a vacation of a plat can be recorded, the county treasurer must certify that all taxes due are paid and such certification is recorded as part of the records of the vacation. The treasurer shall withhold the certification only when property taxes are due, but not paid.

(2) Upon payment of the appropriate fee therefor, the county recorder of each county shall index and record, in the same manner as other instruments affecting the title to real property, a certified copy of each ordinance, resolution or order by which any lot, tract, public street, public right of way, private road, easement, common, plat or any part thereof has been vacated. Such certification shall be by the officer having custody of the original document and shall certify that the copy is a full, true and correct copy of the original.

History:

[50-1324, added 1967, ch. 429, sec. 242, p. 1249; am. 1992, ch. 262, sec. 9, p. 783; am. 1994, ch. 79, sec. 1, p. 181.]
Idaho Code § 50-2620 — Idaho Code / Title 50 / Chapter 26 / Section 50-2620
50-2620 BIDS REQUIRED — MONETARY AMOUNT.
Status: in_force

50-2620. Bids required — Monetary amount. Any city authorized by this chapter to establish a business improvement district shall conduct its purchasing activities in accordance with the provisions of chapter 28, title 67, Idaho Code.

History:

[50-2620, added 1980, ch. 192, sec. 1, p. 427; am. 2005, ch. 213, sec. 22, p. 657.]
Idaho Code § 50-321 — Idaho Code / Title 50 / Chapter 3 / Section 50-321
50-321 AVIATION FACILITIES — ACQUISITION, OPERATION AND MAINTENANCE.
Status: in_force

50-321. Aviation facilities — Acquisition, operation and maintenance. Cities are hereby empowered: to acquire by purchase, gift, lease, sublease, or otherwise hold and take over such lands as the city council may deem necessary within or without the corporate limits whether within or without the county in which said city is located; do all things necessary in cooperation with the United States government in adapting any such lands so acquired to national defense purposes; and for the purpose of maintaining aviation facilities, to lease for aviation purposes, or any purposes connected therewith and incident thereto, all or any part of such land or lands, under such regulations and upon such terms and conditions as shall be established by the city council or otherwise established by law; to construct, operate and maintain, consistent with such regulations as may now exist or may hereafter be established by law, hangars, buildings and equipment necessary or convenient to the maintenance and operation of aviation facilities; to survey, plat, map, grade, ornament and otherwise improve such land, appurtenances, approaches, and avenues leading to or adjacent thereto; to provide for all costs and expenses incident or necessary to the exercise of the foregoing powers or the attainment of the foregoing objects out of the general fund of said city or in its discretion by special levy, in an amount not to exceed six hundredths percent (.06%) of the market value for assessment purposes in any one (1) year on all the taxable property within such city or by the issuance of bonds as provided by sections 50-1001 through 50-1042, Idaho Code.

History:

[50-321, added 1967, ch. 429, sec. 40, p. 1249; am. 1995, ch. 82, sec. 24, p. 234.]
Idaho Code § 50-1835 — Idaho Code / Title 50 / Chapter 18 / Section 50-1835
50-1835 SEPARABILITY.
Status: in_force

50-1835. Separability. Should any section, phrase, provision or portion of sections 50-1801 through 50-1835 be held to be unconstitutional or illegal, the same shall not in any manner affect the remainder of sections 50-1801 through 50-1835.

History:

[50-1835, added 1967, ch. 429, sec. 390, p. 1249.]
Idaho Code § 50-2614 — Idaho Code / Title 50 / Chapter 26 / Section 50-2614
50-2614 CHANGES IN ASSESSMENT RATES.
Status: in_force

50-2614. Changes in assessment rates. Changes may be made in the rate or additional rate of special assessment as specified in the ordinance establishing the district, by ordinance adopted after a hearing before the legislative authority.

The legislative authority shall adopt a resolution of intention to change the rate or additional rate of special assessment at least fifteen (15) days prior to the hearing required by this section. This resolution shall specify the proposed change and shall give the time and place of the hearing; provided, that proceedings to change the rate or impose an additional rate of special assessments shall terminate if protest is made by businesses in the proposed district which would pay a majority of the proposed increase or additional special assessments.

History:

[50-2614, added 1980, ch. 192, sec. 1, p. 426.]
Idaho Code § 50-2522 — Idaho Code / Title 50 / Chapter 25 / Section 50-2522
50-2522 INVALIDITY OF ONE PROVISION NOT TO AFFECT OTHERS — EXCEPTION.
Status: in_force

50-2522. Invalidity of one provision not to affect others — Exception. If any section or provision of this chapter be adjudged unconstitutional or invalid for any reason, such adjudication shall not affect the validity of this chapter as a whole, or of any section or provision hereof, which is not specifically so adjudicated unconstitutional or invalid; provided, however, if any section or provision of this chapter concerning the payment to the public utilities shall be adjudged unconstitutional or invalid for any reason in such a way that the payment to the public utilities or the creation of the funds for that purpose is adjudged to be invalid or unconstitutional then such invalidity or unconstitutionality shall invalidate this chapter in its entirety and to this end and in this event the provisions of this chapter are declared to be nonseverable.

History:

[50-2522, as added by 1971, ch. 212, sec. 1, p. 923.]
Idaho Code § 50-1333 — Idaho Code / Title 50 / Chapter 13 / Section 50-1333
50-1333 RECORDING OF PLATS WITH ONLY EXTERIOR MONUMENTS REFERENCED.
Status: in_force

50-1333. Recording of plats with only exterior monuments referenced. (1) If the person subdividing any land has complied with subsection (1) of section 50-1332, Idaho Code, the professional land surveyor may prepare the plat of the subdivision for recording with only the exterior monuments set thereon when submitted for recording. There shall be a certification on the plat by the professional land surveyor that the interior monuments for the subdivision will be set in accordance with section 50-1303, Idaho Code, on or before a specified date and the said interior monuments will be referenced on the plat with a unique symbol. The time for setting the interior monuments shall not exceed one (1) calendar year from the date the plat is recorded or as determined by the governing body of such city or county.

(2) After the interior monuments for a subdivision have been set as provided in the certification required on the plat in subsection (1) of this section, the professional land surveyor performing such work shall, within five (5) days after completion of such work, give written notice to the person subdividing the land involved, the surveyor or engineer of the city or county by which the subdivision was approved and the governing body of such city or county.

(3) In the event that the person subdividing the land involved fails or refuses to authorize the payment for interior monumentation, the professional land surveyor may request payment from the governing body, and upon inspection by the governing body of the interior monumentation, the governing body shall pay the professional land surveyor from moneys held.

History:

[50-1333, added 1987, ch. 227, sec. 1, p. 483; am. 1997, ch. 190, sec. 12, p. 525.]
Idaho Code § 50-3002 — Idaho Code / Title 50 / Chapter 30 / Section 50-3002
50-3002 DEFINITIONS.
Status: in_force

50-3002. definitions. As used in this chapter:

(1) "Access to video service" means the capability of a video service provider to provide video service at a household address irrespective of whether a subscriber has ordered the service or whether the service is actually provided at the address.

(2) "Cable service" has the meaning ascribed to it in 47 U.S.C. section 522, as that section existed on January 1, 2012.

(3) "Cable system" has the meaning ascribed to it in 47 U.S.C. section 522, as that section existed on January 1, 2012.

(4) "Certificate of franchise authority" means a certificate issued by the Idaho secretary of state to a video service provider pursuant to the provisions of this chapter.

(5) "Chapter" means chapter 30, title 50, Idaho Code.

(6) "Franchise" has the meaning ascribed to it in 47 U.S.C. section 522, as that section existed on January 1, 2012. A certificate of franchise authority issued pursuant to section 50-3003, Idaho Code, shall constitute a franchise for the purposes of 47 U.S.C. section 522.

(7) "Franchising entity" means the state of Idaho or a city or county within the state of Idaho authorized by state or federal law to grant a franchise.

(8) "Governing body" means the city council or the board of county commissioners of a political subdivision.

(9) "Incumbent cable service provider" means a person who provides cable service and holds a franchise issued by a franchising entity prior to July 1, 2012.

(10) "Local unit of government" means a city, county, highway district or other governmental entity of the state of Idaho having maintenance and operation responsibility over the public rights-of-way within a geographical area for which a franchise or certificate of franchise authority has been issued by a franchising entity.

(11) "Nonincumbent video service provider" means:

(a) A person authorized under the provisions of this chapter to provide video service in an area in which cable service is being provided by an incumbent cable service provider; or

(b) A person authorized under the provisions of this chapter to provide video service in a geographical area in which, on July 1, 2012, there was no incumbent cable service provider providing cable service.

(12) "Political subdivision" means a city or county of the state of Idaho.

(13) "Public rights-of-way" means the area on, below or above a public roadway, highway, street, public sidewalk, alley, waterway or utility easement dedicated for compatible uses.

(14) "Service area" means contiguous geographical territory in the state of Idaho within which territory a video service provider is authorized to provide video service pursuant to a certificate of franchise authority.

(15) "Service tier" means a category of video service provided by a video service provider to a subscriber and for which a separate rate is charged by the video service provider.

(16) "Subscriber" means any person in this state who purchases video service. "Subscriber" does not include any person who purchases video service for resale and who, upon resale, is required to pay a video service provider fee pursuant to this chapter or pursuant to the terms of a local franchise.

(17) "System operator" means any person or group of persons who provide video service and directly, or through one (1) or more affiliates, own a significant interest in the system or facilities through which the video service is provided and which person has been issued a certificate of franchise authority pursuant to the provisions of this chapter.

(18) "Video service" means the delivery of video programming to subscribers, which programming is generally considered comparable to video programming delivered to viewers by a television broadcast station, cable service or digital television service, without regard to the technology used to deliver the video service, and which service is provided primarily through equipment or facilities located in whole or in part in, on, under or over any public rights-of-way. The term includes cable service, but excludes any video programming provided to persons in their capacity as subscribers to commercial mobile service as defined in 47 U.S.C. section 332(d), or video programming provided as part of and via a service that enables end users to access content, information, electronic mail or other services offered over the public internet.

(19) "Video service provider" means a provider of video service, and includes an incumbent cable or multichannel video service provider, a nonincumbent video service provider or a system operator, unless the context in which the term is used indicates otherwise.

(20) "Video service provider fee" means the amount paid by a system operator to a political subdivision pursuant to section 50-3007, Idaho Code.

History:

[50-3002, added 2012, ch. 207, sec. 1, p. 552.]
Idaho Code § 50-1741 — Idaho Code / Title 50 / Chapter 17 / Section 50-1741
50-1741 ASSIGNMENT OF DELINQUENT CERTIFICATES.
Status: in_force

50-1741. Assignment of delinquent certificates. Whenever any person shall tender to the treasurer in cash the amount of any such certificate and interest thereon at the rate of ten per cent (10%) per annum from date of such certificate to the end of the month in which such purchase is made, together with any subsequent instalments then due with penalties and interest thereon, the treasurer shall assign such delinquency certificate to the purchaser by making and executing for and on behalf of the municipality the blank assignment on both the original and duplicate thereof, and shall deliver the original certificate so assigned to the purchaser. Whenever the purchaser shall be required to pay subsequent assessments in addition to the amount of such delinquency certificate, the fact of such payment and the amount thereof including penalty and interest, shall be indorsed on the original and duplicate certificate so assigned. Thereafter the treasurer shall immediately make the proper entries showing such assignment in the "Local Improvement District Delinquency Register," and in the "Instalment Docket"; provided, that past due interest coupons and past due bonds of the local improvement district for which such certificate was issued shall be received by the treasurer, at par and accrued interest in payment of such certificates. Such bonds and coupons shall be received by the treasurer, at par and accrued interest in payment of such certificates. Such bonds and coupons shall be forthwith canceled by the treasurer.

History:

[50-1741, added 1967, ch. 429, sec. 327, p. 1249.]
Idaho Code § 50-1709 — Idaho Code / Title 50 / Chapter 17 / Section 50-1709
50-1709 PROTESTS AND HEARING.
Status: in_force

50-1709. Protests and hearing. Any owner of property to be assessed in the proposed local improvement district described in the notice of intention shall have the right, in advance of the hearing, to file in writing a protest to the creation of the district or making any other objections in relation thereto. At the date, time and place specified in the notice of intention the council shall in open and public session consider all protests which have been filed in writing in advance of the hearing, and the hearing may be adjourned from time to time to a fixed future time and place for the same until all such protests have been heard. The decision of the council as to all protests shall be conclusive and final, and if it should so determine, the council may delete any improvements or any property which had originally been contemplated in the said notice. If owners of more than two-thirds (2/3) of the property to be assessed protest any of the proposed improvements which affect their property, the council shall not proceed further with the work so protested unless a majority of the members of the full council shall vote to proceed with such work. The vote on the hereinafter mentioned ordinance creating the improvement district shall constitute the vote as to whether or not the council will proceed. Any property owner who fails to file a protest within the time specified, or having filed one withdraws said protest, shall be deemed to have waived any objection to the creation of the district, the making of the improvements, and the inclusion of his property in the district. Such waiver shall not preclude his right to object to the amount of the assessment at the later hearing provided for such purpose.

In cases where the creation of a local improvement district has been proposed by the governing board of an entity other than a city council or board of county commissioners, and where written protests are filed and sixty percent (60%) of the resident owners or the owners of two-thirds (2/3) of the lots and lands subject to assessment within such proposed improvement district have signed such protest, the governing board of the governmental entity proposing the local improvement district shall not be allowed to proceed with the creation of the district for a period of one hundred eighty (180) days. During this one hundred eighty (180) day period, the city council shall act as a review board for as much of the proposed district as is situated within the boundaries of the city, and the board of county commissioners shall act as a review board for that portion of the proposed local improvement district as is situated within the unincorporated portion of the county. As a review board, the city council or board of county commissioners shall review the record of the proposal, including conformance with procedural provisions of law. The city council or board of county commissioners shall also evaluate the necessity or desirability of the proposed district, and shall take into consideration the creation of the proposed local improvement district as it relates to the following:

(a) the health, safety and welfare of the residents of the proposed district, or of persons having the necessity to travel through the district; and

(b) the financial impact of the creation and implementation of the objectives of the proposed district upon the property owners within the proposed district, especially in light of projects recently undertaken or contemplated for the near future within the district.

After its evaluation, the city council shall approve, modify or reject the proposal for the creation of a local improvement district for as much of the proposed district as is situated within the boundaries of the city, and the board of county commissioners shall approve, modify or reject the proposal for the creation of a local improvement district for as much of the proposed district as is situated within the unincorporated portion of the county.

History:

[50-1709, added 1976, ch. 160, sec. 2, p. 573; am. 1999, ch. 291, sec. 7, p. 728.]
Idaho Code § 50-1502 — Idaho Code / Title 50 / Chapter 15 / Section 50-1502
50-1502 DEFINITIONS.
Status: in_force

50-1502. Definitions. The following are definitions of terms used in sections 50-1501 through 50-1524, Idaho Code:

(a) "Paid policeman" means any individual who is on the payroll of any city in the state of Idaho and who devotes his or her principal time of employment to the care, operation or maintenance of a regularly constituted police department of such city;

(b) "Industrial accident board" means the board as authorized and created under the provisions of chapter 5, title 72, Idaho Code, or as the same may be hereafter amended;

(c) "Workers' Compensation Law" means the Workers' Compensation Law as authorized and created under title 72, Idaho Code, or as the same may hereafter be amended;

(d) "Twenty-five years active service" — an individual whose principal means of livelihood for the period of twenty-five (25) years has been through employment by a city in a regularly constituted police department, and has actually been carried on the payroll for twenty-five (25) years;

(e) "Five years continuous service, ten years continuous service, fifteen years continuous service" — an individual who has been employed by a regularly constituted police department for a period of five (5) years, ten (10) years, or fifteen (15) years continuously, without having engaged in any other gainful occupation;

(f) "Leave of absence" means a period of time which a paid policeman shall have been out of the service of said police department of the city of which he was a member, and who, for that like period of time was off the payrolls thereof;

(g) "Mandatory retirement at age sixty-five" — retirement to become mandatory when age of sixty-five (65) years has been reached;

(h) The meaning of the term "incapacitated in a degree which prohibits efficient service" means that degree of mental or physical disability which prohibits the efficient performance of the duties of a paid policeman during any occasion when his said services as a policeman shall be necessary;

(i) "Twenty-five years of accumulated service" — an individual who has been employed by a regularly constituted police department without having engaged in any other gainful occupation and has had twenty-five (25) years of accumulated service with the same police department and has been carried on the payrolls of such department for that period of accumulated time.

History:

[50-1502, added 1967, ch. 429, sec. 254, p. 1249; am. 1993, ch. 350, sec. 1, p. 1295.]
Idaho Code § 50-1509 — Idaho Code / Title 50 / Chapter 15 / Section 50-1509
50-1509 EMPLOYEES OF BOARD.
Status: in_force

50-1509. Employees of board. The said board of police retirement fund commissioners shall have power to engage assistants, experts, accountants, clerks and other employees which may be found necessary to carry out the provisions of sections 50-1501 through 50-1524, the same to be paid out of said retirement fund.

History:

[50-1509, added 1967, ch. 429, sec. 261, p. 1249.]
Idaho Code § 50-3007 — Idaho Code / Title 50 / Chapter 30 / Section 50-3007
50-3007 VIDEO SERVICE PROVIDER FEE.
Status: in_force

50-3007. VIDEO SERVICE PROVIDER FEE. (1) A system operator providing video service within a political subdivision pursuant to a certificate of franchise authority shall pay to the political subdivision in which it provides video service a video service provider fee as may be required by the political subdivision pursuant to this section. For the purposes of this section, subscribers whose service address is within the jurisdictional limits of a city shall be deemed city subscribers and those subscribers whose service address is outside the jurisdictional limits of a city shall be deemed county subscribers.

(2) The obligation to pay such a fee shall commence upon commencement of the provision of video service to subscribers. The video service provider's fee shall be paid to the political subdivision in which it provides video service on a quarterly basis, forty-five (45) days after the close of each calendar quarter, and shall be calculated as a percentage of gross revenues, as defined in subsection (4) of this section. Except as provided in section 50-3006, Idaho Code, the political subdivision may not require any additional fees or charges from the system operator and may not require the use of any other calculation method.

(3) The fee authorized by this section shall be a percentage of gross revenue, as defined in this section, and shall be determined by the political subdivision. If there is an incumbent cable service provider providing cable service in the political subdivision, the system operator shall pay an amount equal to the percentage of gross revenue paid by an incumbent cable service provider or five percent (5%), whichever is less. If there is no incumbent cable service provider having a franchise agreement with the political subdivision, or if a political subdivision has not previously established and assessed such fee to an incumbent cable service provider, the fee shall be established by the political subdivision, in an amount not in excess of five percent (5%) of the gross revenue, which fee shall be applicable to all video service providers within the political subdivision, regardless of whether they provide video service pursuant to a local franchise or a certificate of franchise authority.

(4) (a) For purposes of this section:

(i) "Gross revenues" means all revenues, calculated in accordance with generally accepted accounting principles (GAAP), that are received by the system operator from subscribers for the provision of video service to subscribers within the jurisdictional limits of the political subdivision. Gross revenues shall include the following:

1. All recurring charges and fees paid by subscribers for the provision of video service; equipment rental charges, late fees and insufficient funds fees; and fees attributable to video service when sold individually or as part of a package or bundle, or functionally integrated with services other than video services. The term "gross revenues" shall not include any charges resulting from action by a federal agency or taxes or surcharges imposed by a governmental body which are separately itemized and billed by a video service provider to its subscribers;

2. Event-based charges for video service, including pay-per-view and video-on-demand; and

3. Any other consideration a system operator receives from its subscribers for providing video service when it is received in a transaction that would evade imposition of a franchise fee if such consideration is not included in revenue.

(ii) Notwithstanding any provision of this chapter, if a franchise agreement between a political subdivision and an incumbent cable service provider in effect on July 1, 2012, defines the term "gross revenues," which definition includes revenues in addition to the revenues set forth in the definition of gross revenues in subsection (4)(a) of this section, the video service provider fee paid by any system operator providing service within a political subdivision pursuant to a certificate of franchise authority issued on or after July 1, 2012, pursuant to this chapter, shall be calculated based upon the definition of gross revenues set forth in the franchise agreement between a political subdivision and an incumbent cable provider in effect on July 1, 2012.

(b) In the case of a video service that is bundled or integrated functionally with other services, capabilities or applications, the portion of the system operator's revenue attributable to the other services, capabilities or applications shall be included in gross revenues unless the provider can reasonably identify the division or exclusion of the revenue from its books and records, which may include the provider's tax billing records, that are kept in the regular course of business.

(c) Revenue of an affiliate shall be included in the calculation of gross revenues to the extent the treatment of the revenue as revenue of the affiliate would have the effect of evading the payment of the video service provider fee that would otherwise be paid for video service.

(5) Payment of the fees as required in this section shall be accompanied by a written report identifying the amount of revenues received from subscribers for the provision of video services to the subscribers and identifying exclusions from gross revenues, if any. A political subdivision may, upon reasonable advance written notice, but not more frequently than once in any calendar year, review the business records of a system operator to the extent necessary to ensure proper and accurate payment of the video service provider fee. A system operator shall provide sufficient information about such revenues to a political subdivision to allow a proper compliance review by such political subdivision. The system operator shall keep all business records reflecting any gross revenues, even if there is a change in ownership, for at least three (3) years after those revenues are recognized by the system operator in its books and records. All records reasonably necessary for the audit shall, at the discretion of the political subdivision, be made available by the system operator at the location within the jurisdiction where the records are kept in the ordinary course of business, or may be provided electronically to the political subdivision with its consent. The political subdivision and the system operator shall each be responsible for their respective costs of the audit, unless the audit discloses that the system operator has underpaid the video service provider fee by more than seven percent (7%) during the examination period, in which case the system operator shall pay all of the reasonable and actual costs of the audit. Any undisputed amount or refund due to the political subdivision or the system operator shall be paid within sixty (60) days, plus interest at the statutory rate on civil judgments.

(6) A system operator may identify and collect the amount of the video service provider fee as a separate line item on the regular bill of each subscriber.

(7) Any city annexing lands shall notify a system operator in writing of any such annexation, including a description of the territory annexed. Beginning the first day of the calendar quarter occurring after the system operator has received at least forty-five (45) days' notice of annexation of customers into the city's corporate limits, subscribers within such annexed territory shall, for purposes of this section, be considered to be city subscribers.

History:

[50-3007, added 2012, ch. 207, sec. 1, p. 557.]
Idaho Code § 50-416 — Idaho Code / Title 50 / Chapter 4 / Section 50-416
50-416 APPLICATION FOR RECOUNT OF BALLOTS.
Status: in_force

50-416. Application for recount of ballots. Any candidate desiring a recount of the ballots cast in any general city election may apply to the attorney general therefor, within twenty (20) days of the canvass of such election by the county board of canvassers. The provisions of chapter 23, title 34, Idaho Code, shall govern recounts of elections held under this chapter.

History:

[(50-416) 50-471, added 1978, ch. 329, sec. 2, p. 846; am. and redesig. 2009, ch. 341, sec. 117, p. 1054.]
Idaho Code § 50-1903 — Idaho Code / Title 50 / Chapter 19 / Section 50-1903
50-1903 DEFINITIONS.
Status: in_force

50-1903. Definitions. The following terms, wherever used or referred to in this chapter, shall have the following respective meanings, unless a different meaning clearly appears from the context:

(a) "Authority" or "housing authority" shall mean any of the public corporations created by section 50-1905, Idaho Code.

(b) "Housing project" shall mean any work or undertaking: (1) to demolish, clear or remove buildings from any slum area; such work or undertaking may embrace the adoption of such area to public purposes, including parks or other recreational or community purposes; or (2) to provide decent, safe and sanitary urban or rural dwellings, apartments or other living accommodations for persons of low income; such work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary, convenient or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, welfare or other purposes; or (3) to accomplish a combination of the foregoing. The term "housing project" also may be applied to the planning of the buildings and improvements, the acquisition of property, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith; to buildings, and the land, equipment, facilities and other real or personal property, which do not contain dwelling units or other living accommodations for persons of low income when such buildings are utilized for administrative, community, health, recreational, welfare or other purposes by or for low-income persons or senior citizens, and redevelopment projects carried out by an authority at the request of local government when such projects include dwelling units which are sold or rented to persons of low income.

(c) "Governing body" shall mean the city council, board of commissioners, board of trustees or other body having charge of the fiscal affairs of the state public body.

(d) "Federal government" shall include the United States of America, the United States department of housing and urban development, or any other agency or instrumentality, corporate or otherwise, of the United States of America.

(e) "City" shall mean any city in the state of Idaho, including each city having a special charter. "The city" shall include those having a special charter and shall mean the particular city for which a particular housing authority is created.

(f) "Clerk" shall mean the clerk of the city or the officer charged with the duties customarily imposed on such clerk.

(g) "Area of operation" shall include the city and the area within five (5) miles of the territorial boundaries thereof; provided, however, that the area of operation of a housing authority of any city shall not include any area which lies within the territorial boundaries of some other city as herein defined. Provided however, that a county housing authority may continue to own and operate any housing project for which it has become financially obligated which is located in a city that subsequently creates a housing authority or in an area annexed by a city that has or subsequently creates a housing authority.

(h) "Slum" shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding, lack of ventilation, light or sanitary facilities or any combination of these factors, are detrimental to safety, health or morals.

(i) "Person of low income" shall mean persons or families who lack the amount of income which is necessary, as determined by the authority undertaking the housing project, to enable them, without financial assistance, to live in decent, safe and sanitary dwellings without overcrowding.

(j) "Bonds" shall mean any bonds, notes, interim certificates, debentures or other obligations issued by an authority pursuant to this chapter.

(k) "Real property" shall include all lands, including improvements and fixtures thereon, and property of any nature, appurtenant thereto, or used in connection therewith, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens.

(l) "Obligee of the authority" or "obligee" shall include any bondholder, trustee or trustees for any bondholders, or lessors demising, to the authority, property used in connection with a housing project, or any assignee or assignees of such lessor's interest or any part thereof, and the federal government when it is a party to any contract with the authority.

History:

[50-1903, added 1967, ch. 429, sec. 393, p. 1249; am. 1993, ch. 215, sec. 1, p. 581; am. 2001, ch. 260, sec. 7, p. 942.]
Idaho Code § 50-2032 — Idaho Code / Title 50 / Chapter 20 / Section 50-2032
50-2032 SEVERABILITY.
Status: in_force

50-2032. Severability. The provisions of this act are hereby declared to be severable; and if any provision of this act or the application of such provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this act.

History:

[(50-2032) 50-2030, added 1987, ch. 259, sec. 5, p. 536; am. and redesig. 2005, ch. 25, sec. 97, p. 123.]
Idaho Code § 50-2901 — Idaho Code / Title 50 / Chapter 29 / Section 50-2901
50-2901 SHORT TITLE.
Status: in_force

50-2901. Short title. This act may be known and cited as the "Local Economic Development Act."

History:

[50-2901, added 1988, ch. 210, sec. 1, p. 393.]
Idaho Code § 50-1764 — Idaho Code / Title 50 / Chapter 17 / Section 50-1764
50-1764 SUBROGATION OF MUNICIPALITY TO RIGHTS OF PAYEE — SURPLUS FUNDS — PAYMENT INTO FUND — PREFERENCES.
Status: in_force

50-1764. Subrogation of municipality to rights of payee — Surplus funds — Payment into fund — Preferences. Whenever there shall be paid out of the "Local Improvement Guarantee Fund," any sum on account of principal or interest of a local improvement fund or warrant, the municipality as trustee for the fund, shall be subrogated to all the rights of the holder of the bond or interest coupon or warrant so paid, and the policies thereof, or the assessment underlying the same, shall become part of the guarantee fund. There shall be paid into the guarantee fund any surplus remaining in any local improvement fund after the payment of all outstanding bonds or warrants, payable out of such local improvement fund. Bonds or warrants guaranteed by such fund shall have no preference except in the order of presentation for payment.

History:

[50-1764, added 1967, ch. 429, sec. 349, p. 1249.]
Idaho Code § 50-2905A — Idaho Code / Title 50 / Chapter 29 / Section 50-2905A
50-2905A ELECTION NECESSARY FOR EXPENDITURES ON CERTAIN PROJECTS.
Status: in_force

50-2905A. election necessary for expenditures on certain projects. (1) Notwithstanding any other provision of this chapter, on and after the effective date of this act, it shall be unlawful for an urban renewal agency to expend revenue collected under this chapter on project costs when either the amount of revenue collected under this chapter, or the amount of revenue collected under this chapter plus any other public funds, not including federal funds or federal funds administered by a public body, contributes to fifty-one percent (51%) or more of the total project cost and the project is for construction of a municipal building or a multipurpose sports stadium complex, or the remodel of such a building or complex, with a total project cost exceeding one million dollars ($1,000,000) unless such construction project is first approved in an election by sixty percent (60%) of the participating qualified electors residing within the borders of the qualified municipality. An election pursuant to this section shall be in accordance with the provisions of chapter 1, title 34, Idaho Code. The total project cost described in this subsection shall not include the cost of any infrastructure or belowground improvements including, but not limited to, water, sewer, storm drainage, electrical, natural gas, telecommunication, or other similar systems and lines, streets, roads, curbs, gutters, sidewalks, walkways, parking facilities, or unoccupied auxiliary structures. This section shall not be construed to require an election regarding bonds issued prior to the effective date of this act.

(2) For purposes of this section, the following terms shall have the following meanings:

(a) "Multipurpose sports stadium complex" means a place or venue for indoor or outdoor sports, concerts, or other events that contains a field or other playing surface or area either partly or completely surrounded by a tiered structure designed to allow spectators to stand or sit and view the event;

(b) "Municipal building" means only an administrative building, city hall, library, courthouse, public safety or law enforcement buildings, other judicial buildings, fire stations, jails, and detention facilities that are not subject to property taxation whether they are, or are intended to be, owned or operated by or leased to a public body for the public's benefit;

(c) "Project costs" shall have the same meaning as provided in section 50-2903(15), Idaho Code;

(d) "Public body" shall have the same meaning as provided in section 50-2018(3), Idaho Code;

(e) "Public funds" shall mean the funds collected or received by a public body but shall not include grants or donations from private entities or individuals to the public body.

History:

[50-2905A, added 2016, ch. 349, sec. 6, p. 1023; am. 2017, ch. 27, sec. 1, p. 50; am. 2019, ch. 321, sec. 1, p. 956; am. 2025, ch. 300, sec. 11, p. 1271.]
Idaho Code § 50-707A — Idaho Code / Title 50 / Chapter 7 / Section 50-707A
50-707A ELECTION OF COUNCILMEN BY DISTRICTS.
Status: in_force

50-707A. Election of councilmen by districts. (1) Any city having fewer than one hundred thousand (100,000) inhabitants based upon the most recent federal decennial census may, by ordinance, provide for districts and the election of councilmen by districts. Upon the adoption of such an ordinance and at least one hundred twenty (120) days prior to each general election, the governing body of the city shall establish the territory of council districts in accordance with this section. Any city having more than one hundred thousand (100,000) inhabitants based upon the most recent federal decennial census shall establish districts and shall elect councilmen by districts for districts so established. Districts shall be established no later than one hundred twenty (120) days prior to the general election following the date that election precincts are established pursuant to the provisions of section 34-301, Idaho Code.

(2) Each district shall consist of one (1) or more contiguous election precincts as established pursuant to the provisions of chapter 3, title 34, Idaho Code, and each district shall, to the nearest extent possible, contain the same number of people based upon the most recent federal decennial census.

(3) Each city establishing districts for the election of councilmen by districts shall establish the number of districts corresponding to the number of council seats determined by the city pursuant to section 50-701, Idaho Code, or for any city having a governing body governed by the provisions of sections 50-801 through 50-812, Idaho Code, the number of council seats determined by the city pursuant to section 50-805, Idaho Code.

(4) Upon establishment of city election districts, council members are to be elected by the electors of the said geographic district, and any candidate must be a resident of said geographic district. For cities with fewer than one hundred thousand (100,000) inhabitants that establish districts by ordinance, the council shall determine, not less than ninety (90) days before the next general election, the method of the implementation of this ordinance.

History:

[50-707A, added 1984, ch. 108, sec. 2, p. 251; am. 2020, ch. 269, sec. 1, p. 781.]
Idaho Code § 50-342 — Idaho Code / Title 50 / Chapter 3 / Section 50-342
50-342 ELECTRIC POWER — PURCHASE OR DISPOSAL.
Status: in_force

50-342. Electric power — Purchase or disposal. In addition to the powers otherwise conferred on cities of this state, a city owning and operating an electric distribution system shall have the authority to:

(a) Purchase, or generate, or both, electric power and energy for the purpose of disposing of such power and energy to the United States of America, department of energy, acting by and through the Bonneville power administration, or its successor, through exchange, net billing or any arrangement which is used for supplying the needs of the city for electric power or energy;

(b) Enter into power sales or power purchase contracts with entities engaged in generating, transmitting, or distributing electric power and energy to provide for the purchase, sale or exchange of electric power or energy upon such terms and conditions as shall be specified in the power sales or purchase contract; and

(c) Establish, operate and fund energy conservation or other public purpose programs for the purpose of promoting efficient use of energy and energy conservation by city consumers including, but not limited to, programs to install energy efficient and energy conservation devices or measures in consumer buildings and structures served by the city and to grant low-interest loans to city consumers for the installation of such measures, provided such measures are provided on a nondiscriminatory basis to all classes of customers similarly situated;

and such authority shall not be subject to the requirements, limitations, or procedures contained in sections 50-325, 50-327 and chapter 28, title 67, Idaho Code.

History:

[50-342, as added by 1971, ch. 31, sec. 1, p. 75; am. 1981, ch. 30, sec. 1, p. 48; am. 1982, ch. 194, sec. 1, p. 521; am. 1999, ch. 283, sec. 1, p. 706; am. 2005, ch. 213, sec. 18, p. 654.]
Idaho Code § 50-2719 — Idaho Code / Title 50 / Chapter 27 / Section 50-2719
50-2719 TAX EXEMPTION.
Status: in_force

50-2719. Tax exemption. Any bonds issued under the provisions of this chapter, their transfer, and income therefrom, including any interest paid or payable thereon and profit made on the sale thereof, shall be exempt at all times from all taxation in the state of Idaho.

History:

[50-2719, added 1982, ch. 119, sec. 1, p. 336.]
Idaho Code § 50-216 — Idaho Code / Title 50 / Chapter 2 / Section 50-216
50-216 COMPELLING ATTENDANCE OF WITNESSES BEFORE COUNCIL.
Status: in_force

50-216. Compelling attendance of witnesses before council. The council of any city shall have power to compel the attendance of witnesses before the mayor and council or any committee thereof in any investigation ordered by the council: provided, that all process shall be issued by the mayor, and the attendance of such witnesses may be compelled by attachment, fine, or imprisonment; provided, further, that the mayor or president of the council shall preside at such hearing and administer all oaths and any person testifying falsely at such investigation shall be deemed guilty of perjury.

History:

[50-216, added 1967, ch. 429, sec. 9, p. 1249.]
Idaho Code § 50-235 — Idaho Code / Title 50 / Chapter 2 / Section 50-235
50-235 TAX LEVY FOR GENERAL AND SPECIAL PURPOSES — REBATES.
Status: in_force

50-235. Tax levy for general and special purposes — rebates. (1) The city council of each city is hereby empowered to levy taxes for general revenue purposes not to exceed nine-tenths percent (.9%) of the market value for assessment purposes on all taxable property within the limits of the city in any one (1) year, and such levies for special purposes as are or may hereafter be provided, on all property within the limits of the city, taxable according to the laws of the state of Idaho, the valuation of such properties to be ascertained from the assessment rolls of the proper county.

(2) The city council of each city is hereby empowered to issue property tax rebates from its general fund to property taxpayers in its jurisdiction. A city council voting to issue such property tax rebates shall pass an ordinance describing the total amount appropriated for the program, providing instructions and a deadline for property taxpayers to apply for the rebate, and setting forth the formula for determining the tax rebate amounts, the method of distributing rebates, and other matters necessary to administer the program. However, the ordinance is subject to the following limitations:

(a) If a city chooses to have a property tax rebate program with the same parameters as the property tax reduction program provided for in chapter 7, title 63, Idaho Code, the state tax commission shall provide the city with a list of the names and addresses of all taxpayers within the city limits approved for benefits under the property tax reduction program so that the city can advise such taxpayers of the city program.

(b) The total amount of any rebate by the city plus any amount paid on behalf of the applicant by the state of Idaho through the property tax reduction program may not exceed the amount of property taxes payable by the property owner on the applicable property.

(c) A city is not required by this subsection to have a rebate program. The decision is completely within the discretion of the city council as to whether any rebate program pursuant to this subsection is appropriate in any given year. If a rebate program is funded in an amount insufficient to rebate all claims, the proper rebate claims shall be added up and every claimant's rebate share reduced in a uniform amount.

History:

[50-235, added 1967, ch. 429, sec. 37, p. 1249; am. 1974, ch. 186, sec. 2, p. 1491; am. 1995, ch. 82, sec. 21, p. 233; am. 2022, ch. 97, sec. 1, p. 339.]
Idaho Code § 50-402 — Idaho Code / Title 50 / Chapter 4 / Section 50-402
50-402 DEFINITIONS.
Status: in_force

50-402. Definitions. The following words and phrases when used in this chapter, have the meanings respectively given herein.

(a) General election. "General election" means the election held on the first Tuesday succeeding the first Monday in November in each odd-numbered year at which there shall be chosen all mayors and councilmen as are by law to be elected in such years.

(b) Special election. "Special election" means any election other than a general election held at any time for any purpose provided by law.

(c) Qualified elector. A "qualified elector" means any person who is at least eighteen (18) years of age, is a United States citizen and who has resided in the city at least thirty (30) days next preceding the election at which he desires to vote and who is registered within the time period provided by law. A "qualified elector" shall also mean any person who is at least eighteen (18) years of age, is a United States citizen, who is a registered voter, and who resides in an area that the city has annexed pursuant to chapter 2, title 50, Idaho Code, within thirty (30) days of a city election.

(d) Residence.

(1) "Residence" for voting purposes, shall be the principal or primary home or place of abode of a person. Principal or primary home or place of abode is that home or place in which his habitation is fixed and to which a person, whenever he is absent, has the present intention of returning after a departure or absence therefrom, regardless of the duration of absence. In determining what is a principal or primary place of abode of a person the following circumstances relating to such person may be taken into account: business pursuits, employment, income sources, residence for income or other tax pursuits, residence of parents, spouse, and children, if any, leaseholds, situs of personal and real property, and motor vehicle registration.

(2) A qualified elector shall not be considered to have gained residence in any city of this state into which he comes for temporary purposes only without the intention of making it his home but with the intention of leaving it when he has accomplished the purpose that brought him there.

(3) A qualified elector who has left his home and gone to another area outside the city, for a temporary purpose only shall not be considered to have lost his residence.

(4) If a qualified elector moves outside the city, with the intentions of making it his permanent home, he shall be considered to have lost his residence in the city.

(e) Election official. "Election official" means the city clerk, registrar, judge of election, clerk of election, or county clerk engaged in the performance of election duties.

(f) Reference to male. All references to the male elector and male city officials include the female elector and female city officials and the masculine pronoun includes the feminine.

(g) Computation of time. Calendar days shall be used in all computations of time made under the provisions of this chapter. In computing time for any act to be done before any election, the first day shall be included and the last, or election day, shall be excluded. Saturdays, Sundays and legal holidays shall be included, but if the time for any act to be done shall fall on Saturday, Sunday or a legal holiday, such act shall be done upon the day following each Saturday, Sunday or legal holiday.

History:

[50-402, added 1978, ch. 329, sec. 2, p. 826; am. 1982, ch. 81, sec. 1, p. 148; am. 1983, ch. 45, sec. 1, p. 115; am. 1994, ch. 66, sec. 1, p. 136; am. 2002, ch. 75, sec. 2, p. 165; am. 2009, ch. 341, sec. 102, p. 1049.]
Idaho Code § 50-2503 — Idaho Code / Title 50 / Chapter 25 / Section 50-2503
50-2503 POWERS CONFERRED.
Status: in_force

50-2503. Powers conferred. The governing body of every county is hereby authorized and empowered to create local improvement districts under this chapter within the unincorporated portion of such county, and the governing body of every city is hereby authorized and empowered to create local improvement districts under this chapter within its territorial limits: to provide for the extension of distribution or transmission facilities or the conversion of existing overhead electric and communication facilities to underground locations and the construction, reconstruction or relocation of any other electric or communication facilities which may be incidental thereto, pursuant to the provisions of this chapter.

History:

[50-2503, as added by 1971, ch. 212, sec. 1, p. 923; am. 1991, ch. 301, sec. 2, p. 791.]
Idaho Code § 50-3121 — Idaho Code / Title 50 / Chapter 31 / Section 50-3121
50-3121 SEVERABILITY.
Status: in_force

50-3121. Severability. The provisions of this chapter are hereby declared to be severable and if any provision or the application of the provision to any person or circumstance is declared invalid for any reason, such declaration shall not affect the validity of remaining portions of this chapter.

History:

[50-3121, added 2008, ch. 410, sec. 1, p. 1160.]
Idaho Code § 50-2301 — Idaho Code / Title 50 / Chapter 23 / Section 50-2301
50-2301 CITIES ORGANIZED UNDER GENERAL INCORPORATING ACT OR SPECIAL CHARTER — ORGANIZATION UNDER GENERAL LAWS.
Status: in_force

50-2301. Cities organized under general incorporating act or special charter — Organization under general laws. Any city within the state of Idaho organized under a general incorporating act or special charter may become organized as a city under the provisions of this act, and the general laws of the state of Idaho by proceedings as hereinafter provided.

History:

[50-2301, added 1967, ch. 429, sec. 445, p. 1249.]
Idaho Code § 50-1751 — Idaho Code / Title 50 / Chapter 17 / Section 50-1751
50-1751 SALE OF PROPERTY DEEDED TO MUNICIPALITY.
Status: in_force

50-1751. Sale of property deeded to municipality. At any time after acquiring title and possession of any property, as hereinbefore provided, the municipality may sell such property to any purchaser upon receiving therefor a sum not less than the amount for which the property was sold to the municipality and by the payment of all instalments of assessments subsequent to the one (1) for which such property was sold and then due together with the penalties and interest thereon. The purchaser shall take such property subject to any unpaid general taxes and assessments and to all local improvement district instalments not then due, and the municipality shall thereafter collect such instalments in the manner provided by this code. When such purchase is made and the money paid therefor, the municipality shall issue a deed to the purchaser signed by the mayor and attested by the clerk, which deed shall be executed and acknowledged in the manner required, by law, to entitle the same to be recorded under the laws of this state.

In selling such property and in conveying title thereto compliance with the procedures set forth in chapter 14, title 50, Idaho Code, shall not be required, but no conveyance under this section shall be valid unless it be approved by an affirmative vote of one-half (1/2) plus one (1) member of the full city council.

History:

[50-1751, added 1967, ch. 429, sec. 337, p. 1249; am. 1973, ch. 61, sec. 1, p. 101.]
Idaho Code § 50-2619 — Idaho Code / Title 50 / Chapter 26 / Section 50-2619
50-2619 DISESTABLISHMENT OF DISTRICT — ASSETS AND LIABILITIES.
Status: in_force

50-2619. Disestablishment of district — Assets and liabilities. Upon disestablishment of a district, any proceeds of the special assessments, or assets acquired with such proceeds, or liabilities incurred as a result of the formation of such district, shall be subject to disposition as the legislative authority shall determine; provided, however, any liabilities, either current or future, incurred as a result of action taken to accomplish the purposes of section 50-2601, Idaho Code, shall not be an obligation of the general fund or any special fund of the city, but such liabilities shall be provided for entirely from available revenue generated from the projects or facilities authorized by section 50-2601, Idaho Code, or from special assessments on the property specially benefited within the district.

History:

[50-2619, added 1980, ch. 192, sec. 1, p. 427.]
Idaho Code § 50-1017 — Idaho Code / Title 50 / Chapter 10 / Section 50-1017
50-1017 PRESENTATION OF CLAIMS.
Status: in_force

50-1017. Presentation of claims. All claims against the city shall be approved by the city council prior to the payment of such claims and the city council shall establish and maintain an adequate and reasonable system of internal accounting controls. No costs shall be recovered against such city in any action brought against it for any unliquidated claim which has not been presented to the city council for payment, nor upon claims allowed in part, unless the recovery shall be for a greater sum than the amount allowed with interest due.

History:

[50-1017, added 1967, ch. 429, sec. 177, p. 1249; am. 1972, ch. 107, sec. 1, p. 221; am. 1977, ch. 240, sec. 1, p. 717; am. 2003, ch. 69, sec. 1, p. 235.]
Idaho Code § 50-1404 — Idaho Code / Title 50 / Chapter 14 / Section 50-1404
50-1404 TERMS OF SALE.
Status: in_force

50-1404. Terms of sale. Real property may be sold for cash or on contract for a period not exceeding ten (10) years, with a rate of interest on all deferred payments as determined by the city council. The title to all property sold on contract shall be retained in the name of the city until full payment has been made by the purchaser. Any property sold by the city council under the provisions of this section either for cash or on contract, shall be assessed by the county assessor in the same manner and upon the same basis of valuation as though the purchaser held a record title to the property so sold. The city council shall have authority to cancel any contract of sale pursuant to law, and retain all payments paid thereon, if the purchaser shall fail to comply with any of the terms of the contract. The city council may, by agreement with the purchaser, modify or extend any of the terms of any contract of sale, but the total period shall not exceed ten (10) years.

History:

[50-1404, added 2001, ch. 331, sec. 5, p. 1163.]
Idaho Code § 50-2512 — Idaho Code / Title 50 / Chapter 25 / Section 50-2512
50-2512 NOTICE OF HEARING ON OBJECTIONS TO PROPOSED ASSESSMENTS.
Status: in_force

50-2512. Notice of hearing on objections to proposed assessments. After the preparation of the aforesaid ordinance, notice of a hearing on objections to the proposed assessments shall be given. Such notice shall be given in the same manner as provided under section 50-1713, Idaho Code.

Each notice shall state the time at which the governing body will hear and consider all objections to the assessment roll by the parties aggrieved by such assessments. Such notice shall further state that the owner or owners of any property which is assessed in such assessment roll may file with the clerk of the governing body his written objections to said assessments and to the amount levied on any particular lot or parcel in relation to the benefits accruing thereon and in relation to the proper proportionate share of the total cost of the improvement. Failure to file a written objection pursuant to section 50-2517, Idaho Code, shall constitute the grant of an easement for extension or conversion purposes to the district as provided in said section. The district after obtaining all easements required for the extension or conversion project shall, prior to commencement of construction, convey these easements to the utility. The time within which such objections shall be filed shall be specified in the notice but in no case shall it be less than fifteen (15) days from the date of the first publication of such notice.

The notice shall further state where a copy of the ordinance proposed to be adopted levying the assessments against all real property in the district will be on file for public inspection, and that subject to such changes and corrections therein as may be made by the governing body, it is proposed to adopt the ordinance at the conclusion of the hearing.

The published notice shall describe the boundaries or area of the district with sufficient particularity to permit each owner of real property therein to ascertain that his property lies in the district. The mailed notice may refer to the district by name and date of creation and shall state the amount of the assessment proposed to be levied against the real property of the person to whom the notice is mailed. In the absence of fraud, the failure to mail any notice does not invalidate any assessment or any proceeding under this chapter.

History:

[50-2512, as added by 1971, ch. 212, sec. 1, p. 923; am. 1991, ch. 301, sec. 6, p. 793.]
Idaho Code § 50-813 — Idaho Code / Title 50 / Chapter 8 / Section 50-813
50-813 CALCULATION FOR NUMBER OF REQUIRED SIGNATURES.
Status: in_force

50-813. Calculation for number of required signatures. In cases where a city is operating under the council-manager plan, if there is no direct mayoral election, and a statute provides for petitions or elections based upon the total number of votes cast for mayor at the last preceding city election, the calculation of signatures or votes necessary under state law shall be based upon the total number of votes cast for the city councilman who received the highest number of votes at the last preceding city election.

History:

[50-813, added 1978, ch. 257, sec. 1, p. 562; am. 1984, ch. 156, sec. 7, p. 382.]
Idaho Code § 50-2517 — Idaho Code / Title 50 / Chapter 25 / Section 50-2517
50-2517 UNDERGROUND DISTRIBUTION EXTENSION OR CONVERSION COSTS AND SERVICE CONNECTIONS.
Status: in_force

50-2517. Underground distribution extension or conversion costs and service connections. The public utility performing the underground distribution extension or conversion shall, at the expense of the property owner, convert to underground all electric and communication service facilities located upon any lot or parcel of land within the improvement district and not within the easement for distribution. Creation of a district for the purpose of underground distribution extension or conversion shall be taken as a consent and grant of easement to the utility and shall be construed as express authority to the public utility and their respective officers, agents and employees to enter upon such lot or parcel for such purpose.

The owner shall, at his expense, make all necessary changes in the service entrance equipment to accept underground service.

History:

[50-2517, as added by 1971, ch. 212, sec. 1, p. 923; am. 1991, ch. 301, sec. 9, p. 795.]
Idaho Code § 50-329 — Idaho Code / Title 50 / Chapter 3 / Section 50-329
50-329 FRANCHISE ORDINANCES — REGULATIONS.
Status: in_force

50-329. Franchise ordinances — Regulations. No ordinance granting a franchise in any city shall be passed on the day of its introduction, nor for thirty (30) days thereafter, nor until such ordinance shall have been published in at least one (1) issue of the official newspaper of the city; and after such publication, such proposed ordinance shall not thereafter and before its passage be amended in any particular wherein the amendment shall impose terms, conditions or privileges less favorable to the city than the proposed ordinance as published; but amendments favorable to the city may be made at any time and after publication; provided that an ordinance granting a franchise to lay a spur, railroad track or tracks connecting manufacturing plants, warehouses or other private property with a main railroad line, need not be published before the same is passed by the council. No franchise shall be created or granted by the city council otherwise than by ordinance, and the passage of any such ordinance shall require the affirmative vote of one-half (1/2) plus one (1) of the members of the full council. Franchises created or granted by the city council for electric, natural gas or water public utilities, as defined in chapter 1, title 61, Idaho Code, or to cooperative electrical associations, as defined in section 63-3501(a), Idaho Code, shall be for terms of not less than ten (10) years and not greater than fifty (50) years unless otherwise agreed to by the utility or cooperative electrical association. All publications of ordinances granting a franchise, both before and after passage, shall be made at the expense of the applicant or grantee. Where an ordinance granting a franchise is sought to be amended after the same has been in force, the provisions of this section as to publication, before final action upon such amendment, shall apply as in cases of proposed ordinances granting original franchises.

History:

[50-329, added 1967, ch. 429, sec. 25, p. 1249; am. 1995, ch. 226, sec. 1, p. 777.]
Idaho Code § 50-1046 — Idaho Code / Title 50 / Chapter 10 / Section 50-1046
50-1046 CITY LOCAL-OPTION NONPROPERTY TAXES PERMITTED BY SIXTY PER CENT MAJORITY VOTE.
Status: in_force

50-1046. City local-option nonproperty taxes permitted by sixty per cent majority vote. A sixty per cent (60%) majority of the voters of any resort city voting on the question may approve and, upon such approval, any city may adopt, implement, and collect, subject to the provisions of this act, the following city local-option nonproperty taxes: (a) an occupancy tax upon hotel, motel, and other sleeping accommodations rented or leased for a period of thirty (30) days or less; (b) a tax upon liquor by-the-drink, wine and beer sold at retail for consumption on the licensed premises; and (c) a sales tax upon part or all of sales subject to taxation under chapter 36, title 63, Idaho Code.

History:

[50-1046, added 1978, ch. 261, sec. 4, p. 568; am. 1984, ch. 225, sec. 1, p. 542.]
Idaho Code § 50-1602 — Idaho Code / Title 50 / Chapter 16 / Section 50-1602
50-1602 DEPARTMENTS GOVERNED BY CIVIL SERVICE — CLASSIFIED CIVIL SERVICE LISTS.
Status: in_force

50-1602. Departments governed by civil service — Classified civil service lists. The council of each city creating a civil service system shall, by ordinance, determine which departments therein shall be included within the classified civil service system to be governed by the civil service rules and regulations. No appointments shall be made except under and according to the rules and regulations as adopted by resolution of the council.

The appointing authority of each department, subject to the rules and regulations of the civil service system, shall appoint all officers, employees or agents classified under the civil service rules and regulations, from the classified civil service list furnished by the civil service commission, and in like manner fill all vacancies.

History:

[50-1602, added 1967, ch. 429, sec. 278, p. 1249; am. 1973, ch. 287, sec. 1, p. 611.]
Idaho Code § 50-326 — Idaho Code / Title 50 / Chapter 3 / Section 50-326
50-326 WATER, LIGHT, POWER AND GAS PLANTS — LEASING — SELLING — PROCEDURE.
Status: in_force

50-326. Water, light, power and gas plants — Leasing — Selling — Procedure. Whenever any city in this state shall own its own water plant, water system, electric power plant or electric light and power transmission and electric distribution system or natural gas distribution system, the city council of such city may lease and sell such systems, provided, however, that before doing so, the question of leasing or selling such property shall be submitted to the qualified electors who pay taxes on real property within said city, at a special election held for that purpose, and if a majority of the votes cast at such election are in favor of leasing or selling such property, the city council may then lease or sell the same; but in case the majority of the votes cast at such special election shall be against the leasing or selling of such property, the city council shall have no power to lease or sell the same. The election to be called shall be held only after notice thereof has been published at least once a week for two (2) consecutive weeks, before the election, in the official newspaper of said city. Notice of such special election shall also be posted by the city clerk in three (3) public places in such city, at least ten (10) days before such special election. A city council may enter into agreements pursuant to this section to lease with the option to sell any plant or system described in this section. A city council may only terminate such lease/option to sell agreements during the term of the agreement for default by the entity leasing such plant or system. Such lease/option to sell agreements are subject to the voter approval requirements of this section.

History:

[50-326, added 1967, ch. 429, sec. 23, p. 1249; am. 1999, ch. 216, sec. 1, p. 576.]
Idaho Code § 50-1302 — Idaho Code / Title 50 / Chapter 13 / Section 50-1302
50-1302 DUTY TO FILE.
Status: in_force

50-1302. Duty to file. Every owner creating a subdivision, as defined in section 50-1301, Idaho Code, shall cause a land survey and a plat thereof to be made which shall particularly and accurately describe and set forth all the streets, easements, public grounds, blocks, lots, and other essential information, and shall record said plat. This section is not intended to prevent the filing of other survey maps or plats. Description of lots or parcels of land, according to the number and designation on such recorded plat, in conveyances or for the purposes of taxation, shall be deemed good and valid for all intents and purposes.

History:

[50-1302, added 1967, ch. 429, sec. 220, p. 1249; am. 1997, ch. 190, sec. 2, p. 519; am. 2011, ch. 136, sec. 7, p. 388.]
Idaho Code § 50-2504 — Idaho Code / Title 50 / Chapter 25 / Section 50-2504
50-2504 BASIS OF ASSESSMENTS.
Status: in_force

50-2504. Basis of assessments. Whenever any improvement authorized to be made by any governing body by the terms of this chapter is ordered, the governing body shall provide for the apportionment of the cost and expenses thereof as in their judgment may be fair and equitable in consideration of the benefits accruing to the abutting, adjoining, contiguous and adjacent lots and land and to the lots and lands otherwise benefited and included within the improvement district formed. Each lot and parcel of the land shall be separately assessed for the cost and expenses thereof in proportion to the number of square feet, number of front feet, or other equitable basis, of such lands and lots abutting, adjoining, contiguous and adjacent thereto or included in the improvement district, and in proportion to the benefits accruing to such property by said improvements. The entire cost of the improvement may be assessed against the benefited property as herein provided or if money for paying part of such cost is available from any other source, the money so available may be so applied and the remaining cost so assessed against the benefited property. The cost and expenses to be assessed as herein provided for shall include the cost of the improvement, the public utility cost and feasibility report, engineering and clerical service, advertising, inspection, collecting assessments, easements, interest upon bonds if issued, and for legal services for preparing proceedings and advising in regard thereto. Fee lands and property of public entities, such as the federal government, state of Idaho or any county, city or town, shall not be considered as lands or property benefited by any improvements district, unless such public entity within the boundaries of any improvement district consents in writing, filed before the governing body adopts the ordinance provided for in section 50-2510, Idaho Code. The lands and property of such public entity shall not be subject to assessment for the payment of any of the cost or expense of such improvement, unless said consent is filed.

History:

[50-2504, as added by 1971, ch. 212, sec. 1, p. 923; am. 1991, ch. 301, sec. 3, p. 791.]
Idaho Code § 50-1603 — Idaho Code / Title 50 / Chapter 16 / Section 50-1603
50-1603 RULES BY COMMISSION.
Status: in_force

50-1603. Rules by commission. The civil service commission shall make, and is hereby empowered to make, all necessary rules and regulations to carry out the purposes of the civil service system and for examinations, appointments and promotions. All such rules and regulations shall be printed by the civil service commission for distribution.

History:

[50-1603, added 1967, ch. 429, sec. 279, p. 1249.]
Idaho Code § 50-801 — Idaho Code / Title 50 / Chapter 8 / Section 50-801
50-801 CITIES MAY ADOPT PLAN.
Status: in_force

50-801. Cities may adopt plan. Any city within the state of Idaho, organized under the general laws of the state, special chapter, or a general incorporation act, may adopt the council-manager plan of government by proceedings as herein provided.

History:

[50-801, added 1967, ch. 429, sec. 140, p. 1249; am. 1984, ch. 156, sec. 1, p. 381.]
Idaho Code § 50-3114 — Idaho Code / Title 50 / Chapter 31 / Section 50-3114
50-3114 ANNUAL FINANCIAL STATEMENTS AND ESTIMATES — ANNUAL BUDGET — CERTIFICATION.
Status: in_force

50-3114. Annual financial statements and estimates — Annual budget — Certification. (1) When levying property taxes or imposing special assessments, and prior to certification of same to the county commissioners, the district board shall make annual statements and estimates of the administrative expenses of the district, the costs of community infrastructure to be financed by property taxes and special assessments and the amount of all other expenditures for community infrastructure proposed to be paid from property taxes and special assessments and of the amount to be raised to pay general obligation bonds and special assessment bonds of the district, all of which shall be provided for by the levy, imposition and collection of property taxes and special assessments. The annual estimates prepared by the district board shall include an amount determined by the district board, in consultation with the county tax collector, to defray the costs imposed upon the county tax collector's office for any additional administrative services that will be required in the collection of and accounting for such district property taxes and special assessments. Such additional costs shall be for those services not otherwise included in the general tax collection and accounting services already provided by the county tax collector's office and otherwise paid for by property tax revenues, and shall be reasonably related to, but shall not exceed, the actual cost of the additional administrative services provided. The district board shall file the annual statements and estimates with the district clerk and, not later than the time required by section 63-802A, Idaho Code, shall set and notify the county clerk of the date and location set for the annual budget hearing of the district. The district board shall publish a notice of the filing of the estimate, shall hold a public hearing on the portion of the estimate not relating to debt service on general obligation bonds and special assessment bonds and shall adopt a budget. Notice of the budget hearing shall be posted at least ten (10) days prior to the date of said meeting in at least one (1) conspicuous place within the district to be determined by the district board; a copy of the notice shall also be published in a newspaper of general circulation in the county or city in which the proposed district is located, in one (1) issue thereof, during such ten (10) day period. The place, hour and day of the hearing shall be specified in said notice, as well as the place where the budget may be examined prior to the hearing. A full and complete copy of the proposed budget shall be published with and as a part of the publication of the notice of hearing. The budget shall be available for public inspection from and after the date of the posting of notices of hearing as in this section provided, at such place and during such business hours as the district board may direct. A quorum of the district board shall attend the hearing and explain the proposed budget and hear any and all objections to the proposed budget. The district board at the time of the certification required under subsection (2) of this section shall file with the board of county commissioners in each county in which the district is located a certified copy of the annual budget as previously prepared, approved and adopted.

(2) The district board, having determined the total amount required from property taxes and special assessments to raise the amount of money fixed by the annual budget, including the amount of money needed to satisfy annual bond payments, shall cause the amount of money so determined to be certified in dollars to the board of county commissioners in each county in which the district is located not later than the time required for certification under section 63-803, Idaho Code. Said certification shall list separately each tax levy and special assessment if more than one (1), and the purpose of each thereof, and shall otherwise comply with the requirements of section 63-803, Idaho Code.

(3) Following such certification to the county commissioners, district property taxes and special assessments shall then be collected and accounted for at the time and in the form and manner as other taxes are collected and accounted for under the laws of this state. Except as specifically provided otherwise in this chapter, all statutes of this state relating to the levy, imposition, collection, settlement and payment of property taxes, including the collection of delinquent taxes and sale of property for nonpayment of taxes and special assessments, apply to district property taxes and special assessments.

History:

[50-3114, added 2008, ch. 410, sec. 1, p. 1157.]
Idaho Code § 50-236 — Idaho Code / Title 50 / Chapter 2 / Section 50-236
50-236 CAPITAL IMPROVEMENT FUND LEVY — LIMITATIONS.
Status: in_force

50-236. Capital improvement fund levy — Limitations. Cities are hereby empowered to establish a "Capital Improvements Fund", by ordinance, and levy a special tax not to exceed in the aggregate four-hundredths per cent (.04%) of market value for assessment purposes in any one (1) year. Said fund shall never exceed in the aggregate four-tenths per cent (.4%) of the market value for assessment purposes of the city. Such funds shall not be subject to the provisions of section 50-1014, Idaho Code. Said ordinance shall identify the specific purpose for which the capital improvements fund shall be used.

History:

[50-236, added 1967, ch. 429, sec. 43, p. 1249; am. 1980, ch. 350, sec. 21, p. 906.]
Idaho Code § 50-2603 — Idaho Code / Title 50 / Chapter 26 / Section 50-2603
50-2603 INITIATION PETITION — CONTENTS.
Status: in_force

50-2603. Initiation petition — Contents. For the purpose of establishing a business improvement district, an initiation petition may be presented to the legislative authority having jurisdiction of the area in which the proposed business improvement district is to be located. The initiation petition shall contain the following:

(1) A description of the boundaries of the proposed district;

(2) The proposed uses and projects to which the proposed special assessment revenues shall be put and the total estimated cost thereof; and

(3) The estimated rate of levy of special assessment with a proposed breakdown by class of business if such classification is to be used.

The initiating petition shall also contain the signatures of the persons who operate businesses or own business property in the proposed district which would pay fifty percent (50%) of the proposed special assessments.

History:

[50-2603, added 1980, ch. 192, sec. 1, p. 424; am. 1998, ch. 253, sec. 2, p. 823.]
Idaho Code § 50-1826 — Idaho Code / Title 50 / Chapter 18 / Section 50-1826
50-1826 SALE OF LAND BY CITY.
Status: in_force

50-1826. Sale of land by city. All lots, pieces or parcels of land taken by the city under the provisions of this act may be sold by the city under the provisions of sections 50-1401 through 50-1409, as property not acquired or used as a public park, playground or public building site.

History:

[50-1826, added 1967, ch. 429, sec. 381, p. 1249.]
Idaho Code § 50-2212 — Idaho Code / Title 50 / Chapter 22 / Section 50-2212
50-2212 COUNTY COMMISSIONERS VESTED WITH POWER TO CLOSE CITY AFFAIRS.
Status: in_force

50-2212. County commissioners vested with power to close city affairs. Said board of county commissioners shall make provisions for the collection of the amounts due to said corporation and for the closing up of its affairs, and any act or acts, necessary for such purpose and not otherwise provided, shall, upon the order of said board of county commissioners directing the same, be as fully done and performed by the officer or officers performing similar duties for the said county, and with as full effect as if the same had been performed by the proper officer of said city, before disincorporation. Said county shall succeed to and possess all rights of said corporation in and to said indebtedness and shall have power to sue for or otherwise collect any such debts in the name of the county.

History:

[50-2212, added 1967, ch. 429, sec. 443, p. 1249.]
Idaho Code § 50-2508 — Idaho Code / Title 50 / Chapter 25 / Section 50-2508
50-2508 NOTICE OF RESOLUTION AND HEARING ON PROTESTS — CONTENTS.
Status: in_force

50-2508. Notice of resolution and hearing on protests — Contents. Following the passage of the resolution in section 50-2507, the governing body shall cause notice of the resolution and a hearing on any protests to the proposed improvement and any requests for inclusion in the district to be given in the manner provided in subsection (8). Such notice shall:

(1) Declare that the governing body has passed a resolution of intention to create an improvement district;

(2) Describe the boundaries or area of the district with sufficient particularity to permit each owner of real property therein to ascertain that his property lies in the district;

(3) Describe in a general way the proposed improvement, specifying the streets or property along which it will be made and the nature of the benefits to the property within the district;

(4) State the estimated cost to the property owners, governing body and public utility;

(5) State that it is proposed to assess the real property in the district to pay all or a designated portion of the cost of the improvement according to the proportionate square footage, front footage, or other equitable basis, as specified;

(6) State the time and place at which the governing body will hear and pass upon all protests that may be made against the making of such improvement, or the creation of such district or the benefit to be derived by the real property in the district, or requests to be included in such district;

(7) State that all persons desiring to be included in such district and all property owners liable to be assessed for such work and desiring to make protests shall submit, in writing, such protests or requests for inclusion to the governing body by a specified date not less than fifteen (15) days from the first day of publication of such notice.

(8) Notice shall be given as contemplated by this section in the manner specified in section 50-1714, Idaho Code.

History:

[50-2508, as added by 1971, ch. 212, sec. 1, p. 923.]