reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1740 - DELINQUENT CERTIFICATE REGISTER.

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.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1741 - ASSIGNMENT OF DELINQUENT CERTIFICATES.

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.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1742 - FORM OF ASSIGNMENT — ASSIGNMENT BY PURCHASER.

50-1742. FORM OF ASSIGNMENT — ASSIGNMENT BY PURCHASER. The assignment prescribed by the preceding section must be substantially in the following form, and indorsed on the certificate:
ASSIGNMENT BY TREASURER
State of Idaho ss.
Municipality ….
For and in consideration of the sum of $…. paid to said municipality, the receipt whereof is hereby acknowledged, I do hereby assign to …. whose post-office address is …. all the right, title and interest of the said municipality in and to the within and foregoing delinquency certificate.
In witness whereof, I have hereunto set my hand at …., Idaho, this …. day of …., …..
Such delinquency certificate may be assigned by the purchaser; provided, that such assignment must be attached to the original delinquency certificate and a duplicate of such assignment must be delivered to the treasurer who must attach the same to the duplicate delinquency certificate in his office.
The assignment of any delinquency certificate by the purchaser thereof or any assignee of such purchaser must be executed in duplicate and acknowledged as provided by law in the conveyance of real property and such assignment must be substantially in the following form, to wit:
"For value received, I hereby assign to …. whose post-office address is …., all my right, title and interest in and to delinquency certificate No. …., issued by the treasurer of …., Idaho, on account of delinquent local improvement district assessments for the year …. on the property described in said certificate.
In witness whereof, I have hereunto set my hand this …. day of …., …..
History:
[50-1742, added 1967, ch. 429, sec. 328, p. 1249; am. 2002, ch. 32, sec. 23, p. 60.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1743 - REDEMPTION.

50-1743. REDEMPTION. At any time within two (2) years from the date of any delinquency certificate, the owner of the property described therein, or any one on his behalf, may redeem such property by paying to the treasurer the amount stated in such certificate together with interest thereon at the date [rate] of ten per cent (10%) per annum, from date thereof to the last day of the month in which such redemption is made. Thereupon the treasurer shall issue to the redemptioner a certificate of redemption which shall state the name of the redemptioner, the date of redemption, the number of the certificate so redeemed, the description of the property contained therein, and the name of the district for which said certificate was issued. In case said certificate has not been assigned, the treasurer shall note such upon the original and duplicate delinquency certificate; if assigned upon the duplicate certificate the fact that the same has been redeemed, the date of redemption and shall note the same upon the "Local Improvement Delinquency Certificate Register" and the "Local Improvement Instalment Docket"; provided, that no redemption of any such certificate shall be allowed unless all assessments which have become due subsequent to the one for which said delinquency certificate shall have been issued with penalties, and interest at the rate of ten per cent (10%) per annum from date of said delinquency to the end of the month in which the same is redeemed, shall be paid, which fact together with the amount paid shall be stated upon the redemption certificate. The money received from the redemption of any property described in a certificate which has been assigned shall be deposited by the treasurer to the credit of the person named in the last assignment of such certificate. The treasurer shall thereupon give notice to such person at the address shown by the record of such deposit, and such person shall thereafter be paid the same by the treasurer upon surrender of such certificate to the treasurer who shall mark the same "Paid" and hold it as a voucher.
History:
[50-1743, added 1967, ch. 429, sec. 329, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1744 - DEED.

50-1744. DEED. If the property described in any delinquency certificate is not redeemed within two (2) years from the date thereof, the treasurer, after having given notice hereinafter required, shall issue a deed thereto to the municipality, or if the same has been assigned as hereinbefore provided, then to the person holding the original delinquency certificate under assignment, upon request therefor, and upon the delivery to the treasurer of such original certificate and filing proof of having given notice as required by the treasurer before making a deed to the municipality. Such deed shall recite substantially the matter contained in the certificate and that no person redeemed the property within the time allowed, by law, for its redemption. It shall be signed and acknowledged by the treasurer in the manner required, by law, to entitle the same to be recorded under the laws of this state; provided, that such deed shall not be issued to an assignee until he has paid all subsequent instalments and assessments then delinquent or due upon the property described in the delinquency certificate, together with the penalties and interest thereon. Such deed to an assignee shall be made subject to all unpaid instalments not then due.
History:
[50-1744, added 1967, ch. 429, sec. 330, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1745 - NOTICE OF EXPIRATION OF TIME OF REDEMPTION.

50-1745. NOTICE OF EXPIRATION OF TIME OF REDEMPTION. The treasurer shall, at least one (1) month and not more than three (3) months before the expiration of the time of redemption of any property, serve or cause to be served, a written or printed, or partly written and partly printed notice on the person or persons in the actual possession or occupancy of such land or lots, and shall also, within the same time, serve upon or mail to, the person in whose name the same stands upon the assessment records in the county assessor’s office, a copy of said notice; which notice shall state when the delinquency certificate was made, in whose name the property was assessed, the description of the land or lots, the name of the local improvement district for which assessed, the amount of the assessment or instalment, and when the time of redemption will expire. The treasurer shall at the same time send a similar notice, by mail, to each mortgagee or other holder of a recorded lien against such land, in each case where such mortgagee or lienholder has previously filed in the office of the treasurer a written request for such notice and paid the fee therefor, which request shall include the name and address of the mortgagee, the name of the reputed owner of the land, a description of the land and the date of the expiration of the mortgage or lien; no notice need be sent after the date of expiration, unless a further request therefor be duly filed. If the mortgagee or lienholder shall furnish a duplicate form of request for that purpose the treasurer shall certify thereon to the filing of the request and deliver the same to the party filing it. If there is no person in actual possession or occupancy of such land or lot and if the persons in whose name it stands, upon diligent inquiry cannot be found in the state, then the treasurer shall, within the same time, post or have posted, a copy of said notice in a conspicuous place upon said land or lots and in a substantial manner.
Whenever any notice is mailed, as herein required, the fact that the addressee does not receive it, shall not in any manner invalidate or affect the proceedings herein provided.
History:
[50-1745, added 1967, ch. 429, sec. 331, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1746 - PROOF OF NOTICE.

50-1746. PROOF OF NOTICE. The treasurer shall, before issuing any deed to the municipality, make and file his affidavit showing a full compliance with the requirements of the preceding section as to giving notice of the expiration of the period of redemption; before issuing a deed to the holder of any delinquency certificate, the treasurer shall require that affidavits be filed showing a complete compliance with the provisions of the previous section as to giving such notice. Such proof shall be filed in the office of the treasurer and remain a permanent record in such office. Any person making a false affidavit as to any fact required herein shall be guilty of perjury.
History:
[50-1746, added 1967, ch. 429, sec. 332, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1747 - EFFECT OF DEED AS EVIDENCE.

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.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1748 - DELINQUENCY CERTIFICATE FOR SUBSEQUENT INSTALMENTS.

50-1748. DELINQUENCY CERTIFICATE FOR SUBSEQUENT INSTALMENTS. Whenever any delinquency certificate has been assigned, as hereinbefore provided, and the time for redemption has expired and there are outstanding against the property covered by said certificate, any delinquent instalments subsequent in time to the instalment for which the property was sold, then the treasurer shall issue to the municipality a delinquency certificate for such past due instalments in the same manner, as hereinbefore provided, and shall cancel the previous delinquency certificate and the same shall be of no further force and effect. Such delinquency certificate for subsequent instalments may be assigned in the same manner, as hereinbefore provided, and have the same force and effect.
History:
[50-1748, added 1967, ch. 429, sec. 334, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1749 - FEES OF TREASURER.

50-1749. FEES OF TREASURER. The treasurer shall receive the following fees, which, when paid, shall be credited to the general fund of the municipality: for issuing any delinquency certificate twenty-five cents (25¢) to be included in the amount of the certificate; for making any deed one dollar ($1.00), to be paid by the person to whom made; for giving notice to a mortgagee or lienholder fifty cents (50¢), to be paid by such person; for giving notice of expiration of period of redemption one dollar ($1.00). In all cases where the property is deeded to the municipality the fees shall be charged to the amount for which the deed is taken and shall be paid upon the sale of the property, or the sale of the delinquency certificate.
History:
[50-1749, added 1967, ch. 429, sec. 335, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1750 - SUIT TO QUIET TITLE.

50-1750. SUIT TO QUIET TITLE. Whenever the necessary costs and attorney’s fees have been advanced by the holders of the bonds of the district or any prospective purchaser or other person, it shall be the duty of the council of such municipality to cause the attorney to commence suit to quiet title to the property described in said deed in the name of the municipality and to secure the possession of the property; provided, that the property described in any number of tax deeds so made to the municipality and against any number of owners of property may be included in the same suit.
History:
[50-1750, added 1967, ch. 429, sec. 336, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1751 - SALE OF PROPERTY DEEDED TO MUNICIPALITY.

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.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1752 - SALE OF PROPERTY AFTER MATURITY OF BONDS.

50-1752. SALE OF PROPERTY AFTER MATURITY OF BONDS. Within thirty (30) days after the maturity of the last instalment of any issue of bonds of a local improvement district, if any such bonds or interest coupons shall remain unpaid, any property remaining unsold, to which the municipality has taken title by reason of assessment of such improvement district, shall be appraised and immediately after said appraisement such property shall be offered for sale by giving notice of the time and place of sale thereof by publication of such notice in a newspaper published in the municipality for ten (10) consecutive issues if a daily paper, or in two (2) consecutive issues if a weekly paper, or if there be no newspaper published in such municipality then in a newspaper having general circulation therein, the date of sale to be not less than twenty (20) days from the date of the first publication of such notice. At the time and place designated in the notice the treasurer shall offer such property for sale to the highest bidder, but no sale shall be made for less than the appraised value. If no bid be received for a sum equal to or greater than the appraised value, then the sale may be postponed for not to exceed thirty (30) days, and shall be readvertised, and at the time to which such sale was postponed shall again be offered for sale and sold to the highest bidder. Upon the sale of any property and the payment therefor, a deed shall be executed to the purchaser in the same manner, as provided for the execution of deeds in section 50-1751.
History:
[50-1752, added 1967, ch. 429, sec. 338, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1753 - DISPOSITION OF FUNDS.

50-1753. DISPOSITION OF FUNDS. All money received by the treasurer on account of the payment of assessments or instalments thereof, the assignment or redemption of delinquency certificates, or for rents, issues and profits, or from the sale of any property, title to which is held by the municipality for the benefit of any local improvement district, less any expenses of securing possession of said property, or for the care and operation and sale of the same, shall be deposited to the credit of the interest fund and bond fund of the local improvement district, in the same proportion as the assessment or instalments for which the property was taken. Any money left in a local improvement district interest or bond fund or any money derived from the rental or sale of any real property acquired by the municipality through the sale for delinquent assessments or instalments shall, after all warrants, bonds and coupons of said district have been paid in full, be credited to the general fund of the municipality.
History:
[50-1753, added 1967, ch. 429, sec. 339, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1754 - DELINQUENT CERTIFICATE NOT ASSIGNABLE DURING PENDENCY OF ACTION.

50-1754. DELINQUENT CERTIFICATE NOT ASSIGNABLE DURING PENDENCY OF ACTION. No certificate of delinquency as hereinbefore provided, shall be assigned, or any property sold, to which the municipality has taken a deed, on account of any assessment, or instalment thereof, during the pendency of any proceeding in court affecting the validity of such assessment.
History:
[50-1754, added 1967, ch. 429, sec. 340, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1755 - DUTIES OF OFFICERS.

50-1755. DUTIES OF OFFICERS. When the council shall decide that it is to the best interest of the municipality that the duties in this code designated to be performed by the treasurer should be done and performed by the clerk of such municipality, they may at their option, by resolution, duly presented and approved by such council assign such duties to the clerk of such municipality; provided, that the duty of receiving any funds collected by the clerk and the depositing and disbursing of such funds by order of the council shall always be and remain the duty and responsibility of the treasurer; the council shall, in said resolution, devise a proper system or plan whereby the clerk may pay to the treasurer all moneys collected by him and take receipts therefor.
History:
[50-1755, added 1967, ch. 429, sec. 341, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1762 - LOCAL IMPROVEMENT GUARANTEE FUND — CREATION OF FUND.

50-1762. LOCAL IMPROVEMENT GUARANTEE FUND — CREATION OF FUND. Any municipal corporation, including chartered municipal corporations, may by general ordinance of appropriation or by levy of a tax of not to exceed two hundredths percent (.02%) of the market value for assessment purposes on all taxable property within the municipal corporation in any one (1) year, or by appropriation from such other sources as may be determined by the council, create a fund for the purpose of guaranteeing to the extent of such fund, the payment of bonds or warrants and interest thereon, hereafter issued against any local improvements therein; provided, that such sum so levied or appropriated in any year shall be more than sufficient to pay the outstanding warrants of said fund and to establish therein a balance, which combined levy and appropriation in any one (1) year shall not exceed five percent (5%) of the outstanding obligations thereby guaranteed; provided, further, that the council shall not levy any tax as herein provided when the amount of moneys in the "Local Improvement Guarantee Fund" equals ten percent (10%) of the total outstanding obligations thereby guaranteed. The tax levies herein authorized and directed shall be additional to and, if need be, in excess of any and all statutory and charter limitations. The fund so created shall be designated "Local Improvement Guarantee Fund."
History:
[50-1762, added 1967, ch. 429, sec. 347, p. 1249; am. 1995, ch. 82, sec. 25, p. 235.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1763 - BONDS, WARRANTS AND COUPONS, WHEN PAID OUT OF FUND — NONPAYMENT FOR WANT OF FUNDS — INTEREST.

50-1763. BONDS, WARRANTS AND COUPONS, WHEN PAID OUT OF FUND — NONPAYMENT FOR WANT OF FUNDS — INTEREST. Whenever any municipality has established such "Local Improvement Guarantee Fund," any bond, warrant or coupon drawn against any local improvement fund is presented to the municipality for payment and there is not sufficient amount in said local improvement fund against which to draw to pay the same, unless otherwise requested by the holder, payment therefor shall be made by warrant drawn against the "Local Improvement Guarantee Fund." Such warrants when presented to the city treasurer for payment, if not paid, shall be registered and draw interest at a rate as may be fixed by the council. Neither the holder nor the owner of any bond or warrant issued under the provisions of this act shall have any claim therefor, except for payment from the special assessments made for the improvement for which said bond or warrant was issued, and except as against the "Local Improvement Guarantee Fund" herein provided, and the municipality shall not be liable to any holder or owner of such bond or warrant for any loss to the guarantee fund occurring in the lawful operation thereof by the municipality.
History:
[50-1763, added 1967, ch. 429, sec. 348, p. 1249; am. 1980, ch. 61, sec. 10, p. 123.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1764 - SUBROGATION OF MUNICIPALITY TO RIGHTS OF PAYEE — SURPLUS FUNDS — PAYMENT INTO FUND — PREFERENCES.

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.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1765 - MAINTENANCE AND OPERATION AND SOURCES OF FUND.

50-1765. MAINTENANCE AND OPERATION AND SOURCES OF FUND. The council shall prescribe rules and regulations for the maintenance and operation of the guarantee fund not inconsistent herewith. After the creation of such fund, all money derived from the assignment of delinquency certificates, redemptions, sale of property under foreclosure for delinquent assessments, or from the rent or sale of property, title to which has been obtained by the municipality pursuant to this code, shall be paid into the "Local Improvement Guarantee Fund," and all delinquency certificates issued and such property acquired shall be held by the municipality for the benefit of such guarantee fund. Money from the guarantee fund may be used to redeem property subject to local improvement assessments from general tax delinquencies, underlying bonds or warrants guaranteed by the fund, or to purchase such property as [at] county tax sales or otherwise, from the county for the purpose of protecting the guarantee fund. After so acquiring title to real property, the municipality may lease or sell and convey the same for such price and on such terms as may be determined by the council, and any provision of law, charter or ordinance to the contrary notwithstanding, and all proceeds resulting therefrom shall belong to and be paid into the guarantee fund, provided, however, that in any event the municipality purchases such property at tax sale or otherwise it shall not be sold for a lesser sum than the city paid therefor.
History:
[50-1765, added 1967, ch. 429, sec. 350, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1766 - REPLENISHMENT OF FUND — WARRANTS — ISSUANCE AGAINST FUND — TAX LEVY.

50-1766. REPLENISHMENT OF FUND — WARRANTS — ISSUANCE AGAINST FUND — TAX LEVY. Whenever there is not a sufficient amount of cash in said "Local Improvement Guarantee Fund," at any time to pay any and all warrants, together with interest thereon, drawn against said fund, the council may replenish said "Local Improvement Guarantee Fund" by transferring or appropriating to it, moneys from the general fund of the municipality or other available sources, as may be determined by said council, subject, however, to the limitations herein prescribed. Warrants drawing interest, as herein provided, may be issued against said "Local Improvement Guarantee Fund" to meet any financial liability against it; but at the time of making its next annual levy the municipality shall provide for the levy of a sum sufficient with other resources of the guarantee fund to pay warrants so issued and outstanding, the tax for this purpose not to exceed two hundredths percent (.02%) of the market value for assessment purposes on taxable property within the municipal corporation in any one (1) year.
History:
[50-1766, added 1967, ch. 429, sec. 351, p. 1249; am. 1995, ch. 82, sec. 26, p. 235.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1767 - BONDS AND WARRANTS — REVENUES FROM WHICH PAYABLE.

50-1767. BONDS AND WARRANTS — REVENUES FROM WHICH PAYABLE. The holder or owner of any local improvement bond or warrant shall have no claim thereon against the municipality by which the same is issued, except to the extent of the funds created and received by assessments against the property within any local improvement district and to the extent of his pro rata share of any "Local Improvement Guarantee Fund," authorized and created under the provisions of this code.
History:
[50-1767, added 1967, ch. 429, sec. 352, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1768 - BONDS PAYABLE FROM FUND.

50-1768. BONDS PAYABLE FROM FUND. Whenever a municipality has created a "Local Improvement Guarantee Fund," under the provisions of [this act,] any local improvement district bonds issued thereafter shall provide that the principal sum of such funds [bonds] and the interest thereon shall be payable out of the local improvement fund created for the payment of cost and expenses of the improvement or out of any "Local Improvement Guarantee Fund," duly authorized and created, and not otherwise.
History:
[50-1768, added 1967, ch. 429, sec. 353, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1769 - EXCESS IN FUND — DISPOSITION.

50-1769. EXCESS IN FUND — DISPOSITION. When a "Local Improvement Guarantee Fund" duly created in any municipality exceeds in amount of moneys held therein ten per cent (10%) of the total outstanding obligations thereby guaranteed, then the council, may, by ordinance, authorize the treasurer or appropriate official of said municipality to return and pay such said excess or any part thereof to the general fund of said municipality to return and pay such said excess or any designated part thereof all or any part of local improvement district bonds of said municipality then issued and outstanding or to be issued. The passage of such ordinance shall require the affirmative vote of at least three-fourths (3/4) of the full council.
History:
[50-1769, added 1967, ch. 429, sec. 355, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1770 - UNPATENTED LANDS — ASSESSMENT FOR IMPROVEMENTS.

50-1770. UNPATENTED LANDS — ASSESSMENT FOR IMPROVEMENTS. Whenever any of the public lands are embraced within the boundaries of any city of this state, and the city authorities deem it necessary that a sewer system, street improvements or other public improvements of any kind, authorized by general law, be made therein for the preservation of the health, accommodation or convenience of such inhabitants, the city council may, by ordinance, provide for the assessment of a portion of the expense of such improvement against unpatented lots, blocks or parcels of land, and the improvements thereon, embraced within the limits of such city, to the same extent and amount as though such lands were patented. When patents issue for such lands the lien of the assessment against each lot, piece and parcel of land shall attach immediately and be enforced and collected as other taxes, or as provided, by ordinance, of such city; provided, this section shall not apply nor authorize the creation of any lien upon state lands.
History:
[50-1770, added 1967, ch. 429, sec. 48, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1771 - RESERVE FUND AUTHORIZED.

50-1771. RESERVE FUND AUTHORIZED. For the purpose of securing the payment of the principal of and interest on an issue of local improvement bonds, notes, warrants, or other short-term obligations, the council or other governing body of a governmental entity may create a reserve fund for each obligation in addition to or in lieu of a guarantee fund. The reserve fund shall be separate and apart from any guarantee fund and in an amount not exceeding ten per cent (10%) of the principal amount of the bonds, notes, or warrants issued. The cost of a reserve fund may be included in the cost and expense of any local improvement for assessment against the property in the local improvement district to pay the cost, or any part thereof. The reserve fund may be funded from the proceeds of the bonds, notes, warrants, or other short-term obligations, from special assessment payments, or from any other money legally available therefor. Reserve fund balances in excess of ten per cent (10%) of the principal amount of the bonds outstanding shall be used to reduce the annual assessments of those participants in the respective local improvement district whose prior assessments have been paid. Whenever the reserve fund is insufficient to meet claims for payment of principal and interest against the reserve fund, the governmental entity may appropriate funds from such other legally available sources as may be determined by the council or governing body of such governmental entity.
History:
[50-1771, added 1988, ch. 326, sec. 1, p. 988.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1772 - COMMERCIALLY REASONABLE CREDIT ASSURANCES.

50-1772. COMMERCIALLY REASONABLE CREDIT ASSURANCES. If requested by the petitioners for a local improvement district, and in addition to or in lieu of a reserve or guarantee requirement, the council or other governing body of a governmental entity may impose such commercially reasonable credit assurances as it may deem necessary as a condition of approving a local improvement district. If commercially reasonable, such assurances may include guarantees, letters of credit or bonds in amounts up to the total amount of indebtedness.
History:
[50-1772, added 1999, ch. 291, sec. 9, p. 730.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1801 - CITY IRRIGATION SYSTEM AUTHORIZED.

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.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1802 - CITY CONTROL — PETITION.

50-1802. CITY CONTROL — PETITION. Every city in the state of Idaho shall have the power by and through its council, upon a petition signed by a majority of the owners or representatives of owners of real property within any city receiving water by distribution from any ditch or canal, whether such ditch or canal be privately or otherwise controlled: to regulate, control and supervise the distribution of all water used by the inhabitants thereof for irrigation purposes; to convey the same by ditches, laterals, pipes, aqueducts, flumes, culverts or other feasible means, through the public streets, avenues and alleys; to apportion such irrigation water among such inhabitants; to regulate the distribution, and otherwise supervise, control and distribute such irrigation water in such a way as to promote the general welfare of the inhabitants of such city.
History:
[50-1802, added 1967, ch. 429, sec. 357, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1803 - ASSIGNMENT OF WATER STOCK TO CITY.

50-1803. ASSIGNMENT OF WATER STOCK TO CITY. Where the inhabitants of a city own stock in irrigation or canal companies supplying them with irrigation water for use therein, and desire to receive the benefit of the provisions of sections 50-1801 through 50-1835, it shall be necessary for such owners of irrigation and canal companies’ stock to assign the same over to the city in trust for their use and benefit. Thereafter such city will represent such inhabitants or owners at all stockholders meetings of such irrigation or canal companies, pay all assessments levied against such assigned stocks by such canal or irrigation companies for upkeep or maintenance expense thereof, and thereafter assume full control of conveying, apportioning, regulating and distributing such water to the inhabitants of such city.
If said city subsequently constructs a substitute system whereby irrigation water is supplied to all or a part of said properties from another source, or said city council determines that all or a part of the system need not be continued, then such city may sell, in accordance with chapter 14, title 50, Idaho Code, or lease all or a part of such canal or irrigation company’s stock so assigned to it in trust so long as said water can be physically transferred in accordance with the statutory requirements governing water transfers by irrigation and canal companies. All proceeds from any sale or lease shall be used by said city for the benefit of its inhabitants.
History:
[50-1803, added 1967, ch. 429, sec. 358, p. 1249; am. 1972, ch. 300, sec. 1, p. 748.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1804 - CITY WATER CERTIFICATE.

50-1804. CITY WATER CERTIFICATE. In lieu of such stock so assigned to such city, it shall issue to such assignors a city water certificate, showing such assignor to be entitled to all the water to which he was originally entitled under the certificates [of such canal or irrigation companies, which municipal water certificates] shall be signed by the mayor and clerk of the city, with the corporate seal thereof affixed, guaranteeing to the owner or holder thereof his full property rights concerning the use and benefit to be derived from the water he originally enjoyed under such assigned certificate. Such city water certificate issued in accordance herewith and city ordinances passed in pursuance hereof, shall be prima facie evidence in all courts of law and equity, of the right of the owner and holder thereof to the ownership, use and benefit of the water guaranteed thereby, subject only to the power of the city in which the same is used to convey, control, distribute and apportion the same in accordance with the provisions of this chapter.
History:
[50-1804, added 1967, ch. 429, sec. 359, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1805A - POOLING OF WATER RIGHTS FOR DELIVERY — UNIFORM METHOD OF ALLOCATION OF ASSESSMENTS AND CHARGES — ALLOCATION AND ACCOUNTING FOR BONDED OR CONTRACT INDEBTEDNESS.

50-1805A. POOLING OF WATER RIGHTS FOR DELIVERY — UNIFORM METHOD OF ALLOCATION OF ASSESSMENTS AND CHARGES — ALLOCATION AND ACCOUNTING FOR BONDED OR CONTRACT INDEBTEDNESS. Except where a landowner makes a timely written demand for delivery of water in accordance with the water right or water rights allocated and made appurtenant to his lands, water rights may be pooled for delivery purposes, but such pooling shall not be deemed a change in place of use and shall not require compliance with sections 42-108 or 42-222, Idaho Code. Failure of a landowner to make written demand for delivery of water in accordance with the water rights allocated and made appurtenant to his land, on or before March 1 of the applicable year, shall be deemed consent by that landowner to the pooling of water rights for delivery purposes as provided in this section. When water rights are pooled for delivery, the city shall adopt a uniform method of allocating the assessments and charges of the irrigation district against all lands for which water rights are thus pooled. The city shall furnish the district a certified list or map showing all lands for which water rights have been pooled and shall indicate that a uniform method of allocating assessments and charges has been established; and subsequent assessments and charges of the district against those lands shall be levied or made as if all such lands constituted a single parcel, but the assessments and charges of the district shall be allocated by the city proportionately and separately for each actual parcel of such lands, according to the list and apportionment of benefits made by the district for the applicable assessment or charge, and no lien shall attach to any parcel except for assessments or charges properly allocated to that parcel.
History:
[50-1805A, added 1981, ch. 31, sec. 2, p. 50.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1806 - APPORTIONMENT OF COSTS.

50-1806. APPORTIONMENT OF COSTS. To defray the expense of conveying, controlling, distributing and apportioning such irrigation water as herein provided, the city may assess and apportion the cost thereof against the several water user [users] or landowners using the same, according to the length of time each user or landowner may use such water, and collect such money and keep it in a separate fund to be known as the "Irrigation Fund" of such city for the purpose of paying such expense, including the assessment of the canal or irrigation companies who furnish such city with water for upkeep and maintenance thereof, upon the assigned stock held by such city, provided, that such city may pay said expense out of the general fund and provide for such payment through the general levy, if a majority of the city council so determine.
History:
[50-1806, added 1967, ch. 429, sec. 361, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1807 - LEVYING OF ANNUAL ASSESSMENTS TO DEFRAY OPERATING AND MAINTENANCE COSTS.

50-1807. LEVYING OF ANNUAL ASSESSMENTS TO DEFRAY OPERATING AND MAINTENANCE COSTS. The clerk of such city which shall acquire and operate a city irrigation system under sections 50-1801 through 50-1835, Idaho Code, shall act as the assessor of such irrigation system and shall, on or before the fourth Monday of January of each year, prepare an assessment book containing a full and accurate list and description of all of the lots, parcels, pieces and tracts of land within the boundaries of such city irrigation system to which irrigation water is being supplied by such system, and a list of the persons who own, claim or have in possession or control thereof during said year, giving the number of acres in the unplatted portion of such city and the number of the lots and blocks within the boundaries of such city irrigation system listed to each person. The mayor and council of such city shall, on or before the second Wednesday of February of each year, meet and make an estimate of the necessary funds for the expenses of maintaining, operating, improving, extending and enlarging said city irrigation system for the current fiscal year. Said estimate shall also include a reasonable sum not to exceed ten percent (10%) of the total estimate for anticipated unpaid and delinquent taxes and such sum as may be necessary to retire outstanding warrants, indebtedness, sinking funds, bonds and interest of a city irrigation system, and shall spread the same upon their minutes and shall thereupon apportion to each lot, piece or parcel of land within the boundaries of such irrigation system in proportion to the benefits received by such lot, piece or parcel of land growing out of the maintenance and operation of such irrigation system. Such assessment shall be immediately carried out by the city clerk and entered under appropriate columns on the assessment roll. Said assessment roll shall contain an appropriate column for each item assessed and shall be subject to review by the mayor and council of the city as hereinafter provided. On or before the first day of March of each year the city clerk must give notice of the time the mayor and council shall meet to correct the assessments so made; said notice shall be published twice at intervals of not less than six (6) days in the official newspaper to give notice when the mayor and council will meet to correct such assessments so levied and assessed as herein provided. The time fixed for such meeting shall not be later than the twentieth day of March of each year and in the meantime the assessment books shall remain in the office of the city clerk for the inspection of any person interested.
History:
[50-1807, added 1967, ch. 429, sec. 362, p. 1249; am. 2001, ch. 186, sec. 1, p. 649.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1808 - ISSUANCE OF COUPON BONDS.

50-1808. ISSUANCE OF COUPON BONDS. Every city shall have power and authority to issue coupon bonds in a sufficient amount to acquire by purchase, contract, eminent domain or otherwise, and to construct, improve, enlarge, alter and extend irrigation water, waterworks and an irrigation system for such corporation and an irrigation water supply therefor.
History:
[50-1808, added 1967, ch. 429, sec. 363, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1809 - CONTROL OF DITCHES.

50-1809. CONTROL OF DITCHES. To fully carry into effect the purposes of sections 50-1801 through 50-1835 every city shall have power to construct, enlarge, diminish, alter or change all irrigation ditches, aqueducts, pipelines, flumes, canals or laterals within its corporate limits that may be necessary to convey, control, distribute, apportion and regulate such irrigation water to the inhabitants thereof in accordance herewith.
History:
[50-1809, added 1967, ch. 429, sec. 364, p. 1249.]