reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 19 - HOUSING AUTHORITIES AND COOPERATION LAW › Section 50-1917 - FORM AND SALE OF BONDS.

50-1917. FORM AND SALE OF BONDS. Bonds of an authority shall be authorized by its resolution and may be issued in one or more series and shall bear such date or dates, mature at such time or times, bear interest at a rate or rates, be in such denomination or denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in such medium of payment, at such place or places, and be subject to such terms of redemption, with or without premium as such resolution, its trust indenture, or the bonds so issued, may provide.
The bonds may be sold at public or private sale at not less than par.
In case any of the commissioners or officers of the authority, whose signatures appear on any bonds or coupons, shall cease to be such commissioners or officers before the delivery of such bonds, such signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such commissioners or officers had remained in office until such delivery. Any provision of any law to the contrary notwithstanding, any bonds issued pursuant to this act shall be fully negotiable.
In any suit, action or proceedings, involving the validity or enforceability of any bond of an authority or the security thereof, any such bond, reciting, in substance, that it has been issued by the authority to aid in financing a housing project to provide dwelling accommodations for persons of low income, shall be conclusively deemed to have been issued for a housing project of such character and said project shall be conclusively deemed to have been planned, located and constructed in accordance with purposes and provisions of this act.
History:
[50-1917, added 1967, ch. 429, sec. 407, p. 1249; am. 1970, ch. 133, sec. 16, p. 309.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 19 - HOUSING AUTHORITIES AND COOPERATION LAW › Section 50-1920 - REMEDIES OF AN OBLIGEE OF AUTHORITY.

50-1920. REMEDIES OF AN OBLIGEE OF AUTHORITY. An obligee of an authority shall have the right, in addition to all other rights, which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee:
(a) By mandamus, suit, action or proceedings at law or in equity to compel said authority and the commissioners, officers, agents or employees thereof to perform each and every term, provision and covenant contained in any contract of said authority, with or for the benefit of such obligee, and to require the carrying out of any or all such covenants and agreements of said authority and the fulfillment of all duties imposed upon said authority by this act.
(b) By suit, action or proceeding in equity, to enjoin any acts which may be unlawful, or the violation of any of the rights of such obligee of said authority.
History:
[50-1920, added 1967, ch. 429, sec. 410, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 19 - HOUSING AUTHORITIES AND COOPERATION LAW › Section 50-1921 - FILING OF MINUTES OF MEETINGS AND REPORTS.

50-1921. FILING OF MINUTES OF MEETINGS AND REPORTS. (1) An authority shall file a copy of the minutes of all meetings with the city clerk within ten (10) days after their approval by the authority.
(2) At least once a year, an authority shall file a report with the city clerk of its activities for the preceding year, and shall make recommendations with reference to such additional legislation or other action as it deems necessary in order to carry out the purposes of this act.
(3) An authority shall file with the clerk a copy of the authority’s financial reports, any claims and causes of action against the authority, the authority’s employee policy handbooks and any changes, modifications, or deletions to the handbooks.
History:
[50-1921, added 1967, ch. 429, sec. 411, p. 1249; am. 1998, ch. 367, sec. 10, p. 1155.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 19 - HOUSING AUTHORITIES AND COOPERATION LAW › Section 50-1922 - EXEMPTION OF PROPERTY FROM EXECUTION SALE.

50-1922. EXEMPTION OF PROPERTY FROM EXECUTION SALE. All real property of an authority shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall any judgment against an authority be a charge or lien upon its real property; provided, however, that the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by an authority on its rents, fees or revenues.
History:
[50-1922, added 1967, ch. 429, sec. 412, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 19 - HOUSING AUTHORITIES AND COOPERATION LAW › Section 50-1923 - AID FROM FEDERAL GOVERNMENT.

50-1923. AID FROM FEDERAL GOVERNMENT. In addition to the powers conferred upon an authority by other provisions of this act, an authority is empowered to borrow money or accept contributions, grants or other financial assistance from the federal government for or in aid of any housing project within its area of operation, to take over or lease or manage any housing project or undertaking constructed or owned by the federal government, and to these ends, to comply with such conditions and to make such trust indentures, leases or agreements as may be necessary, convenient or desirable. It is the purpose and intent of this act to authorize every authority to do any and all things necessary or desirable to secure the financial aid or cooperation of the federal government in the undertaking[,] construction, maintenance or operation of any housing project by such authority.
History:
[50-1923, added 1967, ch. 429, sec. 413, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 19 - HOUSING AUTHORITIES AND COOPERATION LAW › Section 50-1924 - CONSTRUCTION OF POWERS CONFERRED.

50-1924. CONSTRUCTION OF POWERS CONFERRED. Nothing in this act or any other law shall be construed as authorizing a housing authority to levy or collect taxes or assessments, to create any indebtedness payable out of taxes or assessments, or in any manner to pledge the credit of the city, the county, the state or any subdivision thereof.
History:
[50-1924, added 1967, ch. 429, sec. 414, p. 1249; am. 1993, ch. 215, sec. 6, p. 587.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 19 - HOUSING AUTHORITIES AND COOPERATION LAW › Section 50-1925 - ADDITIONAL REMEDIES CONFERRABLE BY AUTHORITY.

50-1925. ADDITIONAL REMEDIES CONFERRABLE BY AUTHORITY. A housing authority shall have power, by its resolution, trust indenture, lease or contract, to confer upon any obligee holding or representing a specified amount in bonds or holding a lease the right, in addition to all rights that may otherwise be conferred, upon the happening of an event of default as defined in such resolution or instrument by suit, action or proceeding in any court of competent jurisdiction:
(a) To cause possession of any housing project or any part thereof to be surrendered to any such obligee, which possession may be retained by such bondholder or trustee so long as said authority shall continue in default;
(b) To obtain the appointment of a receiver of any housing project of said authority or any part thereof and of the rents and profits therefrom. If such receiver be appointed, he may enter and take possession of such housing project or any part thereof and, so long as said authority shall continue to be in default operate and maintain the same and collect and receive all fees, rents, revenues or other charges thereafter arising therefrom, and shall keep such moneys in a separate account or accounts and apply the same in accordance with the obligations of said authority as the court shall direct.
(c) To require said authority and the commissioners thereof to account as if it and they were the trustees of an express trust.
History:
[50-1925, added 1967, ch. 429, sec. 415, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 19 - HOUSING AUTHORITIES AND COOPERATION LAW › Section 50-1926 - SEPARABILITY.

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[, Idaho Code], or the application thereof to any person or circumstance, is held invalid, the remainder [remaining] sections 50-1901 through 50-1927[, Idaho Code,] 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.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 19 - HOUSING AUTHORITIES AND COOPERATION LAW › Section 50-1927 - ACT CONTROLLING.

50-1927. ACT CONTROLLING. Insofar as the provisions of sections 50-1901 through 50-1927 are inconsistent with the provisions of any other law, the provisions of sections 50-1901 through 50-1927 shall be controlling.
History:
[50-1927, added 1967, ch. 429, sec. 417, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 20 - URBAN RENEWAL LAW › Section 50-2001 - SHORT TITLE.

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.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 20 - URBAN RENEWAL LAW › Section 50-2002 - FINDINGS AND DECLARATIONS OF NECESSITY.

50-2002. FINDINGS AND DECLARATIONS OF NECESSITY. It is hereby found and declared that there exist in municipalities of the state deteriorated and deteriorating areas (as herein defined) which constitute a serious and growing menace, injurious to the public health, safety, morals and welfare of the residents of the state; that the existence of such areas contributes substantially and increasingly to the spread of disease and crime, constitutes an economic and social liability imposing onerous municipal burdens which decrease the tax base and reduce tax revenues, substantially impairs or arrests the sound growth of municipalities, retards the provision of housing accommodations, aggravates traffic problems and substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of these conditions is a matter of state policy and state concern in order that the state and its municipalities shall not continue to be endangered by areas which are focal centers of disease, promote juvenile delinquency, and consume an excessive proportion of its revenue because of the extra services required for police, fire, accident, hospitalization and other forms of public protection, services and facilities.
It is further found and declared that certain of such areas, or portions thereof, may require acquisition, clearance, and disposition subject to use restrictions, as provided in this act, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation; that other areas or portions thereof may, through the means provided in this act, be susceptible of conservation or rehabilitation in such a manner that the conditions and evils hereinbefore enumerated may be eliminated, remedied or prevented; and that salvageable areas can be conserved and rehabilitated through appropriate public action as herein authorized, and the cooperation and voluntary action of the owners and tenants of property in such areas.
It is further found and declared that the powers conferred by this act are for public uses and purposes for which public money may be expended as herein provided and the power of eminent domain and police power exercised; and that the necessity in the public interest for the provisions herein enacted is hereby declared as a matter of legislative determination.
History:
[50-2002, added 1965, ch. 246, sec. 2, p. 600.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 20 - URBAN RENEWAL LAW › Section 50-2003 - ENCOURAGEMENT OF PRIVATE ENTERPRISE.

50-2003. ENCOURAGEMENT OF PRIVATE ENTERPRISE. An urban renewal agency, to the greatest extent it determines to be feasible in carrying out the provisions of this act, shall afford maximum opportunity, consistent with the sound needs of the municipality as a whole, to the rehabilitation or redevelopment of the urban renewal area by private enterprise. A municipality shall also give consideration to this objective in exercising its powers under this act, including the formulation of a workable program, the approval of urban renewal plans, community-wide plans or programs for urban renewal, and general neighborhood renewal plans (consistent with the general plan of the municipality), the exercise of its zoning powers, the enforcement of other laws, codes and regulations relating to the use of land and the use and occupancy of buildings and improvements, and the provision of necessary public improvements.
History:
[50-2003, added 1965, ch. 246, sec. 3, p. 600.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 20 - URBAN RENEWAL LAW › Section 50-2004 - WORKABLE PROGRAM.

50-2004. WORKABLE PROGRAM. A municipality for the purposes of this act may formulate for the municipality a workable program for utilizing appropriate private and public resources to eliminate, and prevent the development or spread of, slums and urban blight, to encourage needed urban rehabilitation, or to undertake such of the aforesaid activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include, without limitation, provision for: the prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning and occupancy controls and standards; the rehabilitation or conservation of slum and blighted areas or portions thereof by replanning, removing congestion, providing parks, playgrounds and other public improvements, by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or deteriorating structures; and to cooperate with an urban renewal agency for the clearance and redevelopment of deteriorated or deteriorating areas or portions thereof.
History:
[50-2004, added 1965, ch. 246, sec. 4, p. 600.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 20 - URBAN RENEWAL LAW › Section 50-2005 - FINDING OF NECESSITY BY LOCAL GOVERNING BODY.

50-2005. FINDING OF NECESSITY BY LOCAL GOVERNING BODY. No urban renewal agency and no municipality shall exercise the authority hereafter conferred by this act until after the local governing body shall have adopted a resolution finding that: (1) one or more deteriorated or deteriorating areas as defined in this act exist in such municipality; (2) the rehabilitation, conservation, redevelopment, or a combination thereof, of such area or areas is necessary in the interest of the public health, safety, morals or welfare of the residents of such municipality; and (3) there is need for an urban renewal agency to function in the municipality.
History:
[50-2005, added 1965, ch. 246, sec. 5, p. 600.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 20 - URBAN RENEWAL LAW › Section 50-2009 - NEIGHBORHOOD AND COMMUNITY-WIDE PLANS.

50-2009. NEIGHBORHOOD AND COMMUNITY-WIDE PLANS. (a) An urban renewal agency or any public body authorized to perform planning work may prepare a general neighborhood renewal plan for urban renewal areas which may be of such scope that urban renewal activities may have to be carried out in stages over an estimated period of up to ten (10) years. Such plan may include, but is not limited to, a preliminary plan which (1) outlines the urban renewal activities proposed for the area involved, (2) provides a framework for the preparation of urban renewal plans, and (3) indicates generally the land uses, population density, building coverage, prospective requirements for rehabilitation and improvement of property and portions of the area contemplated for clearance and redevelopment. A general neighborhood renewal plan shall, in the determination of the local governing body, conform to the general plan of the locality as a whole and the workable program of the municipality.
(b) A municipality or any public body authorized to perform planning work may prepare or complete a community-wide plan or program for urban renewal which shall conform to the general plan for the development of the municipality as a whole and may include, but is not limited to, identification of slum, blighted, deteriorated or deteriorating areas, measurement of blight, determination of resources needed and available to renew such areas, identification of potential project areas and types of action contemplated, and scheduling of urban renewal activities.
(c) Authority is hereby vested in every municipality to prepare, to adopt and to revise from time to time, a general plan for the physical development of the municipality as a whole (giving due regard to the environs and metropolitan surroundings), to establish and maintain a planning commission for such purpose and related municipal planning activities, and to make available and to appropriate necessary funds therefor.
History:
[50-2009, added 1965, ch. 246, sec. 9, p. 600.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 20 - URBAN RENEWAL LAW › Section 50-2013 - BONDS AS LEGAL INVESTMENTS.

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.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 20 - URBAN RENEWAL LAW › Section 50-2014 - PROPERTY EXEMPT FROM TAXES AND FROM LEVY AND SALE BY VIRTUE OF AN EXECUTION.

50-2014. PROPERTY EXEMPT FROM TAXES AND FROM LEVY AND SALE BY VIRTUE OF AN EXECUTION. (a) All property of an urban renewal agency, including funds, owned or held by it for the purposes of this act shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall judgment against an agency be a charge or lien upon such property: Provided, however, that the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of and pledge or lien given pursuant to this act by an agency on its rents, fees, grants or revenues from urban renewal projects.
(b) The property of an urban renewal agency, acquired or held for the purposes of this act, is declared to be public property used for essential public and governmental purposes and effective the date an urban renewal agency acquires title to such property it shall be exempt from all taxes of the municipality, the county, the state or any political subdivision thereof: Provided, that such tax exemption shall terminate when the agency sells, leases or otherwise disposes of such property in an urban renewal area for redevelopment to a purchaser or lessee which is not a public body entitled to tax exemption with respect to such property.
History:
[50-2014, added 1965, ch. 246, sec. 14, p. 600; am. 1972, ch. 156, sec. 3, p. 344.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 20 - URBAN RENEWAL LAW › Section 50-2016 - TITLE OF PURCHASER.

50-2016. TITLE OF PURCHASER. Any instrument executed by an urban renewal agency and purporting to convey any right, title or interest in any property under this act shall be conclusively presumed to have been executed in compliance with the provisions of this act insofar as title or other interest of any bona fide purchasers, lessees or transferees of such property is concerned.
History:
[50-2016, added 1965, ch. 246, sec. 16, p. 600.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 20 - URBAN RENEWAL LAW › Section 50-2017 - INTERESTED PUBLIC OFFICIALS, COMMISSIONERS OR EMPLOYEES.

50-2017. INTERESTED PUBLIC OFFICIALS, COMMISSIONERS OR EMPLOYEES. No public official or employee of a municipality (or board or commission thereof), and no commissioner or employee of an urban renewal agency shall voluntarily acquire any personal interest, direct or indirect, in any urban renewal project, or in any property included or planned to be included in any urban renewal project in such municipality or in any contract or proposed contract in connection with such urban renewal project. Where such acquisition is not voluntary, the interest acquired shall be immediately disclosed in writing to the agency and such disclosure shall be entered upon the minutes of the agency. If any such official, commissioner or employee presently owns or controls, or owned or controlled within the preceding two (2) years, any interest, direct or indirect, in any property which he knows is included or planned to be included in an urban renewal project, he shall immediately disclose this fact in writing to the agency, and such disclosure shall be entered upon the minutes of the agency, and any such official, commissioner or employee shall not participate in any action by the municipality (or board or commission thereof), or urban renewal agency affecting such property. Any violation of the provisions of this section shall constitute misconduct in office.
History:
[50-2017, added 1965, ch. 246, sec. 17, p. 600; am. 1986, ch. 9, sec. 2, p. 51.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 20 - URBAN RENEWAL LAW › Section 50-2027 - LIMITATIONS ON REVIEW OF ADOPTION OR MODIFICATION OF PLAN, AND ISSUANCE OF BONDS.

50-2027. LIMITATIONS ON REVIEW OF ADOPTION OR MODIFICATION OF PLAN, AND ISSUANCE OF BONDS. (1) No direct or collateral action attacking or otherwise questioning the validity of any urban renewal plan, project or modification thereto (including one containing a revenue allocation provision), or the adoption or approval of such plan, project or modification, or any of the findings or determinations of the agency or the local governing body in connection with such plan, project or modification, shall be brought prior to the effective date of the ordinance adopting or modifying the plan. No direct or collateral action attacking or otherwise questioning the validity of bonds issued pursuant to section 50-2012, Idaho Code, or section 50-2026(a), Idaho Code, shall be brought prior to the effective date of the resolution or ordinance authorizing such bonds.
(2) For a period of thirty (30) days after the effective date of the ordinance or resolution, any person in interest shall have the right to contest the legality of such ordinance, resolution or proceeding or any bonds which may be authorized thereby. No contest or proceeding to question the validity or legality of any ordinance, resolution or proceeding, or any bonds which may be authorized thereby, passed or adopted under the provisions of this chapter shall be brought in any court by any person for any cause whatsoever, after the expiration of thirty (30) days from the effective date of the ordinance, resolution or proceeding, and after such time the validity, legality and regularity of such ordinance, resolution or proceeding or any bonds authorized thereby shall be conclusively presumed. If the question of the validity of any adopted plan or bonds issued pursuant to this chapter is not raised within thirty (30) days from the effective date of the ordinance, resolution or proceeding issuing said bonds and fixing their terms, the authority of the plan, the authority adopting the plan, or the authority to issue the bonds, and the legality thereof, the same shall be conclusively presumed and no court shall thereafter have authority to inquire into such matters.
History:
[50-2027, added 1987, ch. 258, sec. 10, p. 533; am. 1990, ch. 430, sec. 6, p. 1194.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 20 - URBAN RENEWAL LAW › Section 50-2031 - SEVERABILITY.

50-2031. SEVERABILITY. The provisions of the Idaho Urban Renewal Law of 1965, as it now exists or may hereafter be amended 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:
[50-2031, added 1987, ch. 258, sec. 14, p. 535.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 20 - URBAN RENEWAL LAW › Section 50-2032 - SEVERABILITY.

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.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 20 - URBAN RENEWAL LAW › Section 50-2033 - AMENDMENTS.

50-2033. AMENDMENTS. Except for consolidation of revenue allocation areas, a revenue allocation area may only be amended to extend its boundaries as set forth herein. An amendment to an urban renewal plan that does not seek to increase the geographic area of the plan, or does not seek to extend the years of the plan beyond the maximum term allowed under chapter 29, title 50, Idaho Code, is not a prohibited amendment, but may be subject to the limitations set forth in section 50-2903A, Idaho Code. No plan amendment shall be interpreted to or shall cause an extension of the limitations established for the existing revenue allocation area as set forth in section 50-2904, Idaho Code. Subject to the limitations in this section and section 50-2903A, Idaho Code, an urban renewal plan that includes a revenue allocation area may be extended only one (1) time to extend the boundary of the revenue allocation so long as the total area to be added is not greater than ten percent (10%) of the existing revenue allocation area and the area to be added is contiguous to the existing revenue allocation area but such contiguity cannot be established solely by a shoestring or strip of land which comprises a railroad or public right-of-way.
History:
[50-2033, added 2011, ch. 317, sec. 5, p. 918; am. 2016, ch. 349, sec. 2, p. 1016.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 21 - CONSOLIDATION OF CITIES › Section 50-2101 - CONSOLIDATION OF CITIES.

50-2101. CONSOLIDATION OF CITIES. Two (2) or more cities, each one of which is contiguous to the other, or to one of the other of said cities, all of which shall be incorporated under general law, may become consolidated into one (1) city, to be thereafter governed in the name and under the government of the greater or greatest in population, as shown by the last federal census, pursuant to proceedings had and taken in accordance with the provisions of sections 50-2101 through 50-2114.
History:
[50-2101, added 1967, ch. 429, sec. 418, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 21 - CONSOLIDATION OF CITIES › Section 50-2102 - RESOLUTION FOR JOINT SESSION OF GOVERNING BODIES.

50-2102. RESOLUTION FOR JOINT SESSION OF GOVERNING BODIES. The mayor and council of any city, desiring consolidation with the adjacent city or cities, may institute proceedings for consolidating by passing a resolution wherein it shall be stated that such city desires to be consolidated with the adjacent city or cities and shall also request the governing body or bodies of such adjacent city or cities to fix a time and place for a joint session of the governing bodies of the cities to consider consolidation.
History:
[50-2102, added 1967, ch. 429, sec. 419, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 21 - CONSOLIDATION OF CITIES › Section 50-2103 - PETITION FOR CONSOLIDATION.

50-2103. PETITION FOR CONSOLIDATION. The citizens of one or more contiguous cities may institute proceedings for consolidation by petition. Upon receiving a petition for consolidation by either of the cities proposed to be consolidated, which petition shall be signed by registered electors of the city equal in number to twenty percent (20%) of the number of electors registered to vote at the last general city election held in the city for the election of officers, the clerk shall duly record the same and give notice to each of the cities proposed to be consolidated. Within thirty (30) days following the giving of notice, it shall be incumbent on the council(s) to proceed as hereinafter provided.
History:
[50-2103, added 1967, ch. 429, sec. 420, p. 1249; am. 1987, ch. 136, sec. 1, p. 270.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 21 - CONSOLIDATION OF CITIES › Section 50-2104 - JOINT SESSION — RESOLUTION SPECIFYING TIME OF ELECTION.

50-2104. JOINT SESSION — RESOLUTION SPECIFYING TIME OF ELECTION. When a majority of the governing bodies of each of the cities desires consolidation, or petitions signed by the requisite number of qualified electors in each city have been duly received and recorded by each city, a joint resolution signed by the respective mayors, shall set a time for a special election to be held in each of the cities desiring consolidation. The election shall be held on the next date authorized by section 50-405, Idaho Code, which is more than forty-five (45) days after final adoption, of the joint resolution.
History:
[50-2104, added 1967, ch. 429, sec. 421, p. 1249; am. 2009, ch. 341, sec. 129, p. 1058.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 21 - CONSOLIDATION OF CITIES › Section 50-2105 - SUBMISSION OF QUESTION TO ELECTORS — ELECTION.

50-2105. SUBMISSION OF QUESTION TO ELECTORS — ELECTION. In each of the cities proposed to be consolidated, on the date fixed by resolution, there shall be held an election for the purpose of submitting to the qualified electors of each of said cities, the question whether such cities shall become consolidated into one (1) city.
History:
[50-2105, added 1967, ch. 429, sec. 422, p. 1249; am. 2007, ch. 202, sec. 17, p. 626; am. 2009, ch. 341, sec. 130, p. 1058.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 21 - CONSOLIDATION OF CITIES › Section 50-2106 - RESULTS OF ELECTION CERTIFIED TO SECRETARY OF STATE.

50-2106. RESULTS OF ELECTION CERTIFIED TO SECRETARY OF STATE. If a majority of the qualified electors of each city vote in favor of consolidation, the county clerk shall certify the results of the election to the board of county commissioners. The county clerk shall transmit the original abstract of the results of the election to the board of county commissioners. The county clerk shall thereupon transmit the original abstract of the results of the election to the office of the secretary of state. Upon receipt of the original abstract, the secretary of state shall transmit to the county clerk a certificate indicating that the original abstract has been received and filed in his office.
History:
[50-2106, added 1967, ch. 429, sec. 423, p. 1249; am. 2009, ch. 341, sec. 131, p. 1059.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 21 - CONSOLIDATION OF CITIES › Section 50-2107 - ELECTION OF OFFICERS OF CONSOLIDATED CORPORATIONS.

50-2107. ELECTION OF OFFICERS OF CONSOLIDATED CORPORATIONS. In the event that the majority of the votes cast by the electors of each and all such cities proposed to be consolidated shall favor consolidation, the city shall proceed to call an election to be held in all the cities so proposed to be consolidated for the election of officers of the new corporation. Such election shall be held on the next date authorized by section 50-405, Idaho Code, which is more than forty-five (45) days after receipt of the original abstract by the secretary of state.
History:
[50-2107, added 1967, ch. 429, sec. 424, p. 1249; am. 2009, ch. 341, sec. 132, p. 1059.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 21 - CONSOLIDATION OF CITIES › Section 50-2108 - EFFECTIVE DATE.

50-2108. EFFECTIVE DATE. From and after the date of filing an abstract of results of election of officials with the secretary of state, such consolidation shall be deemed to be completed, and such cities shall be deemed to be consolidated into a new corporation under the name of the corporation of the greater or greatest population, and thereupon such new corporation shall be governed in the name of and under the laws and ordinances applicable to such larger or largest city. The officials elected at a special election shall be immediately entitled to enter upon the duties of their respective offices, upon qualifying in accordance with law, and shall hold said offices respectively only until the next general city election in such newly consolidated city, and until their successors are elected and qualified. At the first general city election following the effective date of such newly consolidated city, one-half (1/2) of the city council shall be elected for two (2) year terms, and one-half (1/2) shall be elected for four (4) year terms. The mayor, at such first general city election, shall be elected for a four (4) year term.
History:
[50-2108, added 1967, ch. 429, sec. 425, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 21 - CONSOLIDATION OF CITIES › Section 50-2109 - NEW CORPORATE SUCCESSOR TO FORMER CORPORATIONS.

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[s] 50-2101 through 50-2114[, Idaho Code], 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.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 21 - CONSOLIDATION OF CITIES › Section 50-2110 - NO PROPERTY TO BE TAXED FOR PRIOR INDEBTEDNESS.

50-2110. NO PROPERTY TO BE TAXED FOR PRIOR INDEBTEDNESS. No property in any of the cities consolidated under the provisions of sections 50-2101 through 50-2114 shall ever be taxed to pay any portion of any indebtedness of any of the other corporations contracted, or incurred prior to or existing at the time of such consolidation. The governing body of such newly consolidated corporation shall provide for the payment of the indebtedness of each of the consolidated cities therein and shall levy against the property obligated therefor at the time of the completion of such consolidation and collect the necessary taxes therefor and cause them to be paid to the persons entitled thereto.
History:
[50-2110, added 1967, ch. 429, sec. 427, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 21 - CONSOLIDATION OF CITIES › Section 50-2111 - PRIOR OBLIGATIONS OR PROCEEDINGS.

50-2111. PRIOR OBLIGATIONS OR PROCEEDINGS. Consolidation of cities effected under the provisions of sections 50-2101 through 50-2114 shall not affect any debts, demands, liabilities or obligations of any kind existing in favor of or against any such city so consolidated at the time of such consolidation or any action or proceeding then pending in any court in which any such debt, demand, liability or obligation of any kind may be involved, or any action or proceeding brought by or against any such city prior to such consolidation; but all such proceedings shall be continued and concluded, by final judgment or otherwise, in all respects the same as if such consolidation had not been effected.
History:
[50-2111, added 1967, ch. 429, sec. 428, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 21 - CONSOLIDATION OF CITIES › Section 50-2112 - EFFECT OF ORDINANCES OF CONSOLIDATED CITIES.

50-2112. EFFECT OF ORDINANCES OF CONSOLIDATED CITIES. All ordinances of any city or cities consolidated under the provisions of sections 50-2101 through 50-2114, except those of the one having the greater or greatest population and those not in conflict therewith, shall be deemed repealed and of no further force and effect; provided, however, that such repeal shall not operate to discharge any person from any liability, civil or criminal, then existing, nor to affect any prosecution then pending for any violation of any such ordinances; and all cases then pending in any justices’ court, police court or court of record, except of the one having the greater or greatest population, shall upon such consolidation being effected be deemed ipso facto to be transferred to justices’ court, police court, or court of record, of the greater or greatest population having jurisdiction of proceedings or of other actions, civil or criminal, of the character so transferred; provided, further, that such repeal shall not apply to ordinances under which vested rights have accrued, or to ordinances relating to proceedings for street or other public improvements or to proceedings for opening, extending, widening or straightening streets or other public places or to proceedings for changing the grade thereof, all of which proceedings shall be continued and conducted by and under the authority of the newly consolidated corporation, with the same force and effect as if continued and conducted by and under the authority of the corporation by which they were commenced. Except as hereinbefore provided, all ordinances of the corporation having the greater or greatest population shall, upon the completion of such consolidation, ipso facto have full force and effect in and throughout the newly consolidated corporation.
History:
[50-2112, added 1967, ch. 429, sec. 429, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 21 - CONSOLIDATION OF CITIES › Section 50-2113 - BOOKS OF SMALLER CITY(IES) PROPERTY OF NEW CITY.

50-2113. BOOKS OF SMALLER CITY(IES) PROPERTY OF NEW CITY. All records, papers and documents of the smaller city or cities, in the hands of the clerk of such city or cities, shall be transmitted to the clerk of the newly consolidated city and the treasurer of such smaller city or cities shall on demand turn over all money, books, papers or records in his hands belonging to such smaller city or cities to the treasurer of the new corporation.
History:
[50-2113, added 1967, ch. 429, sec. 430, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 21 - CONSOLIDATION OF CITIES › Section 50-2114 - EXPENSES OF CONSOLIDATION.

50-2114. EXPENSES OF CONSOLIDATION. All proper expenses of proceedings for consolidation shall, if the consolidation is made and completed, be paid by the consolidated city; with the exception of costs of conducting the election, which shall be paid by the county. If consolidation is not completed, each city shall pay its respective share of the expenses of the proposed consolidation, with the exception of the costs of conducting the election, which shall be paid by the county.
History:
[50-2114, added 1967, ch. 429, sec. 431, p. 1249; am. 2009, ch. 341, sec. 133, p. 1059.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 22 - DISINCORPORATION PROCEDURE › Section 50-2201 - PETITION FOR DISINCORPORATION.

50-2201. PETITION FOR DISINCORPORATION. A city existing under the laws of this state may disincorporate after proceedings had as required by sections 50-2201 through 50-2213, Idaho Code. The council shall, upon receiving a petition therefor, signed by not less than one-half (1/2) of the qualified electors thereof as shown by the vote cast at the last general city election held therein, submit the question of whether such city shall disincorporate to the electors of such corporation. In case such council shall cease to exist or fail to function for a period of two (2) years or more, the petition for said disincorporation of such city signed by a majority of the residents living within said city, shall be filed with the board of county commissioners of the county in which said city is situated. Upon the filing of such petition, showing that the council has failed to function for at least two (2) years prior thereto or has ceased to exist, such board of county commissioners shall have full power and authority to take all proceedings therein as it is authorized by sections 50-2201 through 50-2213, Idaho Code, to disincorporate said city.
History:
[50-2201, added 1967, ch. 429, sec. 432, p. 1249; am. 2009, ch. 341, sec. 134, p. 1059.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 22 - DISINCORPORATION PROCEDURE › Section 50-2202 - ELECTION TO DETERMINE QUESTION.

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.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 22 - DISINCORPORATION PROCEDURE › Section 50-2203 - CANVASS OF VOTE.

50-2203. CANVASS OF VOTE. The vote at such election shall be taken, canvassed and returned in the same manner as in other elections. The county board of canvassers shall meet within ten (10) days of such election and proceed to canvass the votes cast thereat.
History:
[50-2203, added 1967, ch. 429, sec. 434, p. 1249; am. 2009, ch. 341, sec. 136, p. 1060.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 22 - DISINCORPORATION PROCEDURE › Section 50-2204 - EFFECT OF NEGATIVE VOTE.

50-2204. EFFECT OF NEGATIVE VOTE. If it is found by the canvass of said votes that less than two-thirds (2/3) of the votes cast were in favor of disincorporation, the county board of canvassers shall declare the petition for disincorporation denied, in which case no other election shall be held on the question of disincorporating said city until after the expiration of two (2) years from the date of the election so held.
History:
[50-2204, added 1967, ch. 429, sec. 435, p. 1249; am. 2009, ch. 341, sec. 137, p. 1060.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 22 - DISINCORPORATION PROCEDURE › Section 50-2205 - PROCEEDINGS UPON AFFIRMATIVE VOTE — ORDER OF DISINCORPORATION.

50-2205. PROCEEDINGS UPON AFFIRMATIVE VOTE — ORDER OF DISINCORPORATION. In case it shall appear from said canvass that two thirds (2/3) of all the votes cast were in favor of disincorporation, said county commission shall, under their hands make and file in their office, and cause to be entered upon their record or proceedings, an order that the petition for such disincorporation be granted, and declaring that said corporation be disincorporated, said order to take effect thirty (30) days from and after the holding of the election.
History:
[50-2205, added 1967, ch. 429, sec. 436, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 22 - DISINCORPORATION PROCEDURE › Section 50-2206 - DETERMINATION OF INDEBTEDNESS — TRANSMISSION OF MONEY AND FINANCIAL DATA.

50-2206. DETERMINATION OF INDEBTEDNESS — TRANSMISSION OF MONEY AND FINANCIAL DATA. Said county clerk shall, forthwith, after ascertaining by said canvass that said disincorporation has been carried, determine the amount of indebtedness of said city, the taxes payable, the amount of money in the treasury, and shall take possession thereof within thirty (30) days from the date of said election, he shall transmit a certified statement of said amounts to the board of county commissioners of the county in which said city is situated, and the county clerk shall, before the expiration of said thirty (30) days, turn over, to the treasurer of said county, all moneys of said corporation and said county treasurer shall place said money in a special fund, to be drawn upon as hereinafter provided.
History:
[50-2206, added 1967, ch. 429, sec. 437, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 22 - DISINCORPORATION PROCEDURE › Section 50-2207 - DISPOSITION OF RECORDS.

50-2207. DISPOSITION OF RECORDS. Upon the disincorporation of said city, every public officer of said city shall immediately turn over, to the board of county commissioners of the county in which said corporation is situated, all public property of every nature and description in their possession.
History:
[50-2207, added 1967, ch. 429, sec. 438, p. 1249; am. 2010, ch. 35, sec. 3, p. 65.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 22 - DISINCORPORATION PROCEDURE › Section 50-2208 - PAYMENT OF INDEBTEDNESS.

50-2208. PAYMENT OF INDEBTEDNESS. Nothing contained in sections 50-2201 through 50-2213 shall relieve said city or the territory included in it, from any liability for any debt contracted by such city prior to its disincorporation. All warrants for said indebtedness shall be drawn, by the board of county commissioners of the county in which said corporation is situated, on the fund herein above provided in the county treasury.
History:
[50-2208, added 1967, ch. 429, sec. 439, p. 1249.]