reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1810 - POWER OF CITY TO PRESCRIBE PENALTIES FOR INTERFERENCE.

50-1810. POWER OF CITY TO PRESCRIBE PENALTIES FOR INTERFERENCE. Such city after taking over the control, conveyance, distribution and regulation of such irrigating water, shall have power, by ordinance, to declare it a misdemeanor for any unauthorized person to meddle, dam, turn, interfere, or in any manner tamper with such irrigating water and disarrange the schedule of such city and thereby deprive any user or landowner from the uninterrupted use and benefit of his turn of said water, and provide a penalty for such misdemeanor.
History:
[50-1810, added 1967, ch. 429, sec. 365, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1811 - BOARD OF CORRECTION — CHANGES IN ASSESSMENT BOOKS.

50-1811. BOARD OF CORRECTION — CHANGES IN ASSESSMENT BOOKS. At the time of the meeting specified in the notice required by section 50-1807, the mayor and council of such city are hereby constituted a board of correction and for that purpose shall meet and continue in session from day to day as long as may be necessary not to exceed three (3) days, exclusive of holidays and make such changes in the said assessment book as may be necessary to make it conform to the facts, and such assessments levied for the maintenance, operation, extension and enlargement of the works may be reviewed by the mayor and council of the city during said time upon the request of any person interested, and within five (5) days after the mayor and council, shall have adjourned as a board of correction, the city clerk shall complete the assessment books as the same may have been adjusted and/or corrected by the mayor and council sitting as a board of correction and shall certify to the same and deliver said books to the city treasurer who shall collect the assessments in the manner herein provided.
History:
[50-1811, added 1967, ch. 429, sec. 366, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1812 - CORRECTION OF IRREGULARITIES UPON GIVING NOTICE — OMISSIONS.

50-1812. CORRECTION OF IRREGULARITIES UPON GIVING NOTICE — OMISSIONS. If the levy of any assessment or assessments for any year as provided by this section, upon any or all the lands, lots, pieces or parcels of real estate within the boundaries of such irrigation system, shall be discovered to be irregular and void because of any irregularity, informality or error in the assessment books or for any other reason, the said mayor and council of the city may meet and correct such errors upon five (5) days prior notice published in the official newspaper, as provided in sections 50-1801 through 50-1835[, Idaho Code,] and at such meeting correct any error or mistake that may have been found to exist which makes such assessment roll invalid, provided, that no invalidity of such assessment roll may be claimed on account of the omission of the name or the incorrect naming of the owner of any lots, pieces or parcels of real estate so assessed or the omission of lands, lots, pieces or parcels of real estate through error or inadvertence from the assessment roll, but that such omitted lot, piece or parcel of land shall be assessed by the city clerk.
History:
[50-1812, added 1967, ch. 429, sec. 367, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1813 - ASSESSMENTS AS PRIOR LIENS.

50-1813. ASSESSMENTS AS PRIOR LIENS. All assessments levied under this act shall be a first and prior lien, subject only to state and county taxes and assessments based on any irrigation bond issue outstanding at the time of the passage of section [sections] 50-1801 through 50-1835[, Idaho Code], against the property assessed from and after the first Monday of April of any year, and such lien shall not be removed until the assessments are paid or the property sold for the payment thereof, and any lots, pieces or parcels of real estate within the boundaries of such city irrigation system owned by a city or county and not used purely for governmental purposes shall be subject to such assessment.
History:
[50-1813, added 1967, ch. 429, sec. 368, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1814 - NOTICE OF TIME ASSESSMENTS BECOME DUE — APPORTIONMENT OF ASSESSMENTS.

50-1814. NOTICE OF TIME ASSESSMENTS BECOME DUE — APPORTIONMENT OF ASSESSMENTS. Upon receipt of such assessment roll the treasurer of the city shall publish a notice in the official newspaper of such city that the said assessments shall be due and payable on or before the 1st day of April of each year, which said notice shall be published twice at intervals of not less than six (6) days. All assessments collected shall, by the city treasurer, be apportioned to the several funds in proportion to the several levies. No irrigation water shall be supplied to any lots, pieces or parcels of land within the boundaries of such irrigation system until such assessments shall have been paid in full.
History:
[50-1814, added 1967, ch. 429, sec. 369, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1815 - ENTRY OF DELINQUENT ASSESSMENTS AND PENALTIES — AMOUNTS OF PENALTY AND INTEREST.

50-1815. ENTRY OF DELINQUENT ASSESSMENTS AND PENALTIES — AMOUNTS OF PENALTY AND INTEREST. On or before the second Monday of July of each year in which the assessments are levied, the treasurer of the city shall enter all delinquent assessments and penalties on the assessment roll, which entry shall be considered to be dated as of the first day of July of each year, and shall have the force and effect of a sale to the city treasurer of the city as grantee in trust for said city of all the lands, parcels, pieces or tracts of real estate entered upon such assessment roll upon which such assessments have not been paid before delinquency. The penalty required to be added on delinquent assessments shall be two per cent (2%) of the amount unpaid and the treasurer of such city shall collect such assessments which are delinquent with such penalty added, together with interest on the amount of such delinquent assessment at the rate of eight per cent (8%) per annum from the date of sale until redemption.
History:
[50-1815, added 1967, ch. 429, sec. 370, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1816 - CERTIFICATE SHOWING AMOUNT OF COLLECTIONS AND DELINQUENCIES.

50-1816. CERTIFICATE SHOWING AMOUNT OF COLLECTIONS AND DELINQUENCIES. On or before the third Monday of July of each year in which the assessments were levied, the treasurer of the city shall make his certificate to the clerk of the city showing the amount of such assessments collected before delinquency and the amount of such assessments which have become delinquent.
History:
[50-1816, added 1967, ch. 429, sec. 371, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1817 - COMPILATION OF ALPHABETICAL LIST OF DELINQUENCIES.

50-1817. COMPILATION OF ALPHABETICAL LIST OF DELINQUENCIES. On or before the fourth Monday of July of the year in which such assessments were levied, the city treasurer shall compile a list of such delinquency entries, in cases where redemption has not been made, which list shall contain a description of the lots, lands, parcels and pieces of real estate covered by such delinquency entry and the name of the person or persons to whom they are assessed, together with the amount of such delinquent assessments with penalties, and shall number each entry on such list consecutively in the order such entry appears on the assessment roll and in case such list is not in alphabetical order he shall supplement such list with an alphabetical index.
History:
[50-1817, added 1967, ch. 429, sec. 372, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1818 - CERTIFIED COPY OF DELINQUENCY LIST FILED — FEE.

50-1818. CERTIFIED COPY OF DELINQUENCY LIST FILED — FEE. On or before the fourth Monday of July of the year in which such assessments were levied, the city treasurer shall file a certified copy of the delinquency list, as provided in the preceding section, with the county recorder of the county in which the lands covered by the various delinquent assessments are located which said list shall be kept with the records of said county recorder in a book to be furnished by such city designated "A Record of Delinquent Assessments of the City of ….." Upon receiving such certified list the recorder shall enter the same on his receipt book and shall be entitled to a filing fee of $2.00 therefor.
History:
[50-1818, added 1967, ch. 429, sec. 373, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1819 - REDEMPTION OF LANDS.

50-1819. REDEMPTION OF LANDS. After delinquency and prior to three (3) years from the date of delinquency, redemption of the lands may be made by paying to the city treasurer an amount equal to the delinquent assessment thereon, plus the penalty of two per cent (2%) thereon, together with interest at the rate of eight per cent (8%) per annum from the date of delinquency entry until paid. Upon redemption the city treasurer shall note the redemption on the delinquency list and shall issue a redemption certificate in triplicate showing the lands redeemed, the year in which the assessment was made, the delinquency entry number, and deliver one (1) copy thereof to the redemptioner and in case the delinquency list including the land being redeemed has been filed with the county recorder he shall file one copy with the county recorder of the county in which the land is located and thereupon the county recorder shall enter the redemption opposite the recording entry in his records of delinquency assessments for which service the county recorder shall be entitled to a fee of 25¢, which fee shall be added to the amount necessary for redemption and paid by the redemptioner and transmitted to the county recorder by the city treasurer.
History:
[50-1819, added 1967, ch. 429, sec. 374, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1820 - UNREDEEMED PROPERTY DEEDED TO CITY.

50-1820. UNREDEEMED PROPERTY DEEDED TO CITY. If the property is not redeemed within three (3) years from the date of delinquency entry, the treasurer must make to the city a deed to the property, but the city shall not be entitled to a tax deed for the lands, lots, parcels or pieces of real estate described in such delinquency entry until the following sections have been complied with.
History:
[50-1820, added 1967, ch. 429, sec. 375, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1821 - NOTICE OF PENDING TAX DEED.

50-1821. NOTICE OF PENDING TAX DEED. The city treasurer shall publish a notice in the official newspaper of the city to the effect that he will take deed to all of the property upon the delinquency list for the year of delinquency (stating the year of delinquency) for which the city is entitled to take title to the property, but such notice need not give the names or the description of the property mentioned in the delinquency list. Said notice shall be inserted three (3) times at intervals of not less than one (1) week and the first insertion be not more than five (5) months and at the last insertion not less than three (3) months from the time of redemption period expired and the city treasurer shall thereupon, not less than three (3) months nor more than five (5) months before the expiration of the time of redemption, mail a notice of pending tax deed to the person or persons in whose name the land, lots, pieces or parcels of property stands in the recorder’s office of the county in which said land, lot, piece or parcel of property is situated at such owner’s last known place of residence. Said notice shall state when the delinquency entry was made, in whose name the property was assessed, the description of the lands, lots or pieces of real estate for which such delinquency was made, for what year assessed and when the term of redemption will expire. Any mortgagee or holder of a recorded lien upon such real estate or any holder of a bond of any local improvement district within the city may file a request in the office of the city treasurer for a notice similar to the one provided for the person in whose name the title of the real estate stands which said request shall include the name and address of the mortgagee, recorded lienholder or bondholder, the name of the reputed owner of the land, piece or parcel of real estate, the description of the same, the date of the expiration of mortgage or other lien or the maturity of such bonds, and such notice need not be sent after the date of expiration unless a further request therefor be duly filed. If the said mortgagee, lienholder or bondholder shall furnish a duplicate form of request, the treasurer of the city shall certify thereon to the filing of the request and deliver or mail the same to the party filing it. A notation of all such requests shall be inserted in a book by the city treasurer provided for that purpose, and notation of the name of the person and the description of the property and the date of the expiration of the lien shall be inserted in appropriate columns. As a part of the affidavit hereinafter provided, the city treasurer shall insert a certificate of the mailing of such notice, provided, that personal service of any of the notices provided in this section may be had upon the record owner of the property, mortgagee, recorded lienholder or bondholder in lieu of mailing such notice.
History:
[50-1821, added 1967, ch. 429, sec. 376, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1822 - AFFIDAVIT OF COMPLIANCE BY TREASURER.

50-1822. AFFIDAVIT OF COMPLIANCE BY TREASURER. The city treasurer shall, before the city shall be entitled to a deed, make an affidavit of his having complied with the conditions thereof, stating particularly the facts relied on as constitute such compliance, which affidavit shall be delivered to the city clerk to be by such officer entered on the records of his office and preserved in the files of his office. The city treasurer shall also cause to be filed with the city clerk an affidavit by the publisher, owner or editor of the official newspaper of the city in which notice of time of taking deed was printed and published, which said printed notice and affidavit of publication shall be filed and preserved among the files of the city clerk. The affidavit of the city treasurer as herein provided and of the publisher, owner or editor of such official newspaper shall be prima facie evidence in all courts that such notice has been given and published as therein stated. Any person swearing falsely to such affidavit shall be deemed guilty of perjury and punished accordingly.
History:
[50-1822, added 1967, ch. 429, sec. 377, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1823 - TAX DEED — FORM AND CONTENTS — TITLE CONVEYED.

50-1823. TAX DEED — FORM AND CONTENTS — TITLE CONVEYED. The matters recited in the delinquency entry must be recited in the deed to the city, and such deed duly acknowledged or proved shall be prima facie evidence in that: (1) the property was assessed as required by law; (2) that the property was equalized as required by law; (3) that the assessments were levied in accordance with law; (4) that the assessments were unpaid; (5) that at the proper time the delinquency entry was made as prescribed by law and by the proper officer; (6) that the property was unredeemed; (7) that the person who executed the deed was the proper officer of the city. Such deed duly acknowledged and proved shall be prima facie evidence of the regularity of all proceedings for the assessments up to and including the execution and delivery of the deed. The said deed shall convey to the grantee the right, title, and interest in the property as provided in section 63-1009, Idaho Code.
History:
[50-1823, added 1967, ch. 429, sec. 378, p. 1249; am. 2016, ch. 273, sec. 5, p. 754.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1824 - DEED PRIMA FACIE EVIDENCE OF REGULARITY.

50-1824. DEED PRIMA FACIE EVIDENCE OF REGULARITY. Such deed duly acknowledged and proved is prima facie evidence of the regularity of all other proceedings from the assessment by the treasurer up to the execution of the deed.
History:
[50-1824, added 1967, ch. 429, sec. 379, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1825 - DEED TO CITY — RECITALS AND FORM.

50-1825. DEED TO CITY — RECITALS AND FORM. Upon the expiration of the period of redemption the city treasurer shall execute to the city a deed to the property described in the delinquency entry; which deed shall recite that it was issued in consideration of the amount of taxes or assessments (specifying the amount) for the year (naming the year) to the city treasurer of the city for the property therein described. Such deed shall be duly acknowledged by the city treasurer and shall be prima facie evidence of full compliance by the city and of all of its officers of every act and thing required to be done as a condition to the issuance of said deed and of the full compliance with the law, prerequisite to the execution of a valid tax deed and that the property has not been redeemed. Any number of descriptions of land held by one (1) person, firm, or corporation within the boundaries of the municipal irrigation system may be included in one (1) deed to the city.
History:
[50-1825, added 1967, ch. 429, sec. 380, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1826 - SALE OF LAND BY CITY.

50-1826. SALE OF LAND BY CITY. All lots, pieces or parcels of land taken by the city under the provisions of this act may be sold by the city under the provisions of sections 50-1401 through 50-1409[, Idaho Code], as property not acquired or used as a public park, playground or public building site.
History:
[50-1826, added 1967, ch. 429, sec. 381, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1827 - PAYMENT OF STATE AND COUNTY TAXES BY CITY — REPAYMENT UPON REDEMPTION — SALE BY COUNTY FOR TAXES.

50-1827. PAYMENT OF STATE AND COUNTY TAXES BY CITY — REPAYMENT UPON REDEMPTION — SALE BY COUNTY FOR TAXES. Such city may pay state and county taxes on any property where the assessments levied hereunder are delinquent and within the boundaries of the city irrigation system, and may purchase any or [of] such property from the county at tax sale and the amount of the taxes paid by the city or the purchase price at tax sale shall be added to and become a part of city’s lien on the property and must be repaid upon payment of delinquent assessments or redemption from tax deed, and when so purchased may be sold by the city in the manner provided for selling property acquired by the city for nonpayment of assessments under this act. When any property has been sold by the county for state and county taxes, the city operating a city irrigation system under this chapter may cancel all or a part of the taxes and assessments levied by it under sections 50-1801 through 50-1835[, Idaho Code,] before such sale by the county and may issue or cause to be issued a redemption certificate or quit claim deed upon a proper resolution by the mayor and council without the necessity of advertising such property for sale.
History:
[50-1827, added 1967, ch. 429, sec. 382, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1828 - DISPOSAL OF FUNDS FROM SALES.

50-1828. DISPOSAL OF FUNDS FROM SALES. All moneys received from the sale of any lots, pieces or parcels of real estate under the provisions of sections 50-1801 through 50-1835[, Idaho Code,] shall be paid into the city irrigation system fund by the treasurer of the city, and shall be apportioned to the various funds on the same basis as levies upon which the sale was made.
History:
[50-1828, added 1967, ch. 429, sec. 383, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1829 - ACTION TO QUIET TITLE AGAINST OR TEST VALIDITY OF ASSESSMENT — TENDER.

50-1829. ACTION TO QUIET TITLE AGAINST OR TEST VALIDITY OF ASSESSMENT — TENDER. Any suit, action or proceeding which may be commenced for the purpose of determining the validity of the sale of land for assessments, as in this act provided, to quiet title against the same or to remove the cloud thereof or to recover possession from the purchaser in possession of the lands so sold or its or his successor or assign, whether bought by the original owner or his successor in interest, shall be commenced within two (2) years from the date of the expiration of the period of redemption allowed by this act and not otherwise. In every action, suit or proceeding brought for such purposes, whether before or after the issuance of tax deed, the person claiming to be the owner, as against the person claiming under said tax deed, shall tender in the action, suit or proceeding and pay into the court at the time of filing the same amount of the purchase price for which the lands were sold together with all taxes and assessments which have been paid by the purchaser of said land after tax sale together with interest thereon at the rate of eight per cent (8%), per annum from the respective time of payment of such sum or sums up to the time of filing such pleading in the action, suit or proceeding. Said sum or such portion thereof as the courts shall find to be just shall be paid by the purchaser, his heirs or assigns, in case the right of title to the purchaser shall fail in such suit, action or proceeding.
History:
[50-1829, added 1967, ch. 429, sec. 384, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1830 - ASSESSMENT OF CITY IRRIGATION SYSTEMS BY IRRIGATION DISTRICT.

50-1830. ASSESSMENT OF CITY IRRIGATION SYSTEMS BY IRRIGATION DISTRICT. Should any city acquire and operate a city irrigation system under the provisions of sections 50-1801 through 50-1835, which shall be included within the boundaries of one or more irrigation districts, nothing in sections 50-1801 through 50-1835 shall be construed to prevent such irrigation district or irrigation districts from assessing the lands within the boundaries of the city irrigation system for the payment of its just portion of such bonded or other outstanding indebtedness until such bonded or other outstanding indebtedness together with the interest accruing thereon shall have been fully paid and discharged.
History:
[50-1830, added 1967, ch. 429, sec. 385, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1831 - ADJUSTMENT AND SETTLEMENT OF ACCOUNTS WITH IRRIGATION SYSTEM IN OPERATION.

50-1831. ADJUSTMENT AND SETTLEMENT OF ACCOUNTS WITH IRRIGATION SYSTEM IN OPERATION. Any city operating an irrigation system under the provisions of sections 50-1801 through 50-1835 which desires to acquire and operate or acquire or operate a city irrigation system as provided under sections 50-1801 through 50-1835 shall cause the accounts between themselves and any irrigation or canal company or irrigation district, as the case may be, to be adjusted and settled at the time such city shall commence to operate a city irrigation system under the provisions of this act.
History:
[50-1831, added 1967, ch. 429, sec. 386, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1832 - ORDINANCES OR RESOLUTIONS ESTABLISHING BOUNDARIES.

50-1832. ORDINANCES OR RESOLUTIONS ESTABLISHING BOUNDARIES. Any city desiring to acquire and operate or acquire or operate a city irrigation system under the provisions of sections 50-1801 through 50-1835 for any part or all of such city shall pass and publish an ordinance describing the exterior boundaries of such irrigation system. Thereafter the boundary of such irrigation system may, from time to time, be contracted, extended or enlarged by ordinance of such city; a copy of such ordinance duly certified to be correct by the city clerk shall be recorded in the office of the recorder of the county wherein such city is situated.
History:
[50-1832, added 1967, ch. 429, sec. 387, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1833 - DIVERSION WORKS FOR CITY IRRIGATION SYSTEM.

50-1833. DIVERSION WORKS FOR CITY IRRIGATION SYSTEM. Any city desiring to operate or operating a city irrigation system under the provisions of sections 50-1801 through 50-1835 may contract for the delivery of irrigation water for all or any portion of the city irrigation system and pay therefor on an equalized basis, and may hold such interest as may be necessary and proper in diversion works, canals or ditches jointly with any corporation or irrigation district for the purpose of conveying water to the city irrigation system, either wholly within or partly within and partly without or wholly without the city limits in order to carry such water from its point of diversion to the boundaries of the city irrigation system; and for the purpose may acquire and hold stock in the name of the mayor of a city, in trust for the water users of such city irrigation system, in any private water corporation to the extent necessary to supply water for the city irrigation system, and such stock shall be deemed to be held in trust by the city for the use and benefit of water users of said city irrigation system. The mayor or the chairman of the council of any city in the absence of the mayor may vote at any annual meeting of such corporation on behalf of the city and may be elected on the board of trustees of any such water or irrigation company, the same as though he personally was a stockholder and as such entitled to be on such board of trustees.
History:
[50-1833, added 1967, ch. 429, sec. 388, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1834 - MANNER OF ACQUIRING OR ESTABLISHING CITY IRRIGATION SYSTEM — POWER OF CITIES.

50-1834. MANNER OF ACQUIRING OR ESTABLISHING CITY IRRIGATION SYSTEM — POWER OF CITIES. Cities within this state are hereby authorized to adopt and use any one or all of the methods in this act provided for acquiring or establishing a city irrigation system, and cities and irrigation districts and corporations of this state are by sections 50-1801 through 50-1835 authorized to make, execute and deliver any and all contracts, indentures, deeds and instruments necessary and proper to put sections 50-1801 through 50-1835 into effect and to carry out the provisions hereof and to do any and all things necessary to put into effect and carry out the provisions of sections 50-1801 through 50-1835.
History:
[50-1834, added 1967, ch. 429, sec. 389, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 18 - CITY IRRIGATION SYSTEMS › Section 50-1835 - SEPARABILITY.

50-1835. SEPARABILITY. Should any section, phrase, provision or portion of sections 50-1801 through 50-1835 be held to be unconstitutional or illegal, the same shall not in any manner affect the remainder of sections 50-1801 through 50-1835.
History:
[50-1835, added 1967, ch. 429, sec. 390, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 19 - HOUSING AUTHORITIES AND COOPERATION LAW › Section 50-1901 - SHORT TITLE.

50-1901. SHORT TITLE. The provisions of sections 50-1901 through 50-1927 may be referred to as the "Housing Authorities and Cooperation Law."
History:
[50-1901, added 1967, ch. 429, sec. 391, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 19 - HOUSING AUTHORITIES AND COOPERATION LAW › Section 50-1902 - FINDING AND DECLARATION OF NECESSITY.

50-1902. FINDING AND DECLARATION OF NECESSITY. It is hereby declared: (a) That there exist in this state insanitary or unsafe dwelling accommodations and that persons of low income are forced to reside in such insanitary or unsafe accommodations; that within the state there is a shortage of safe or sanitary dwelling accommodations available at rents which persons of low income can afford and that such persons are forced to occupy overcrowded and congested dwelling accommodations; that the aforesaid conditions cause an increase in and spread of disease and crime, and constitute a menace to the health, safety, morals and welfare of the residents of the state and impair economic values; that these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection, and other public services and facilities;
(b) That these areas in the state cannot be cleared, nor can the shortage of safe and sanitary dwellings for persons of low income be relieved through the operation of private enterprise, and that the construction of housing projects for persons of low income (as herein defined) would therefore not be competitive with private enterprise;
(c) That the clearance, replanning and reconstruction of the areas in which insanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low income are public uses and purposes for which public money may be spent and private property acquired and are governmental functions.
History:
[50-1902, added 1967, ch. 429, sec. 392, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 19 - HOUSING AUTHORITIES AND COOPERATION LAW › Section 50-1905 - CREATION OF HOUSING AUTHORITIES.

50-1905. CREATION OF HOUSING AUTHORITIES. In any city of the state of Idaho, there may be created an independent public body corporate and politic to be known as a housing authority, which shall not be an agency of the city; provided, however, that such authority shall not transact any business or exercise its powers hereunder until or unless the governing body of the city, by proper resolution, shall declare, at any time hereafter, that there is need for an authority to function in such city. The determination, as to whether or not there is such need for an authority to function (a) may be made by the governing body on its own motion or (b) shall be made by the governing body upon the filing of a petition signed by twenty-five (25) residents of the city, asserting that there is need for an authority to function in such city and requesting that the governing body so declare.
The governing body shall adopt a resolution declaring that there is need for a housing authority in the city if it shall find (a) that insanitary or unsafe inhabited dwelling accommodations exist in such city or (b) that there is a shortage of safe or sanitary dwelling accommodations in such city available to persons of low income or rentals they can afford. In determining whether dwelling accommodations are unsafe or insanitary, said governing body may take into consideration the degree of overcrowding, the percentage of land coverage, the light, air, space and access available to the inhabitants of such dwelling accommodations, the size and arrangement of the rooms, the sanitary facilities and the extent to which conditions exist in such building which endanger life or property by fire or other causes.
Nothing in this act shall prevent governing bodies from jointly creating by resolution an independent public body corporate and politic to carry out and effectuate the purposes and provisions of this act and to serve the best interests of their respective citizenry.
In any suit, action or proceeding, involving the validity or enforcement of or relating to any contract of the authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers hereunder upon proof of the adoption of resolution by the governing body declaring the need for the authority. Such resolution or resolutions shall be deemed sufficient if it declares that there is such need for an authority and finds in substantially the foregoing terms, no further detail being necessary, that either or both of the above enumerated conditions exist in the city. A copy of such resolution, duly certified by the clerk, shall be admissible in evidence in any suit, action or proceeding.
History:
[50-1905, added 1967, ch. 429, sec. 395, p. 1249; am. 1998, ch. 367, sec. 7, p. 1153.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 19 - HOUSING AUTHORITIES AND COOPERATION LAW › Section 50-1906 - TERMINATION OF HOUSING AUTHORITY.

50-1906. TERMINATION OF HOUSING AUTHORITY. The authority shall terminate at such time as the council of the city, by proper resolution, shall declare that there is no longer a need for a housing authority to function within such city. The determination that there is no longer a need for such authority to function (a) may be made by the governing body on its own motion or (b) may be made by the governing body upon motion of the duly appointed and acting commissioners of the authority that they no longer have any need to function within said city.
The council of such city shall, however, before adopting a resolution terminating such authority, determine, by audit if necessary, the financial condition of said authority, and if there is any outstanding liability due and owing by said authority, the city shall provide the necessary funds for satisfaction thereof; if, however, funds are found, over and above such liabilities the city shall provide for the satisfaction of said liabilities and the balance of the funds shall be accepted by the city and the authority shall be released from their responsibility therefor.
Any funds so received by such city, as a result of the termination of the authority, shall be dedicated to the extension, maintenance and promotion of the public parks system of said city for the benefit and welfare of the city.
History:
[50-1906, added 1967, ch. 429, sec. 396, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 19 - HOUSING AUTHORITIES AND COOPERATION LAW › Section 50-1907 - COOPERATION IN UNDERTAKING HOUSING PROJECTS.

50-1907. COOPERATION IN UNDERTAKING HOUSING PROJECTS. For the purpose of aiding and cooperating in the planning, undertaking, construction or operation of housing projects located within the area in which it is authorized to act, any state public body may, upon such terms, with or without consideration, as it may determine: (a) Dedicate, sell, convey or lease any of its interest in any property, or grant easements, licenses or any other rights or privileges therein, to a housing authority or the federal government;
(b) Cause parks, playgrounds, recreational, community, educational, water, sewer or drainage facilities or any other works which it is otherwise empowered to undertake to be furnished adjacent to or in connection with housing projects;
(c) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks or other places which it is otherwise empowered to undertake;
(d) Plan or replan, zone or rezone any part of such state public body;
(e) Cause services to be furnished to the housing authority of the character which such state public body is otherwise empowered to furnish;
(f) Enter into agreements with respect to the exercise by such state public body of its powers relating to the repair, elimination or closing or [of] unsafe, insanitary or unfit dwellings;
(g) Do any and all things, necessary or convenient to aid and cooperate in the planning, undertaking, construction or operation of such housing projects;
(h) Incur the entire expense of any public improvements made by such state public body in exercising the powers granted in this act;
(i) Enter into agreements, which may extend over any period, notwithstanding any provision or rule of law to the contrary, with a housing authority respecting action to be taken by such state public body pursuant to any of the powers granted by this section;
(j) With respect to any housing project which a housing authority has acquired or taken over from the federal government and which the housing authority by resolution has found and declared to have been constructed in a manner that will promote the public interest and afford necessary safety, sanitation and other protection, no state public body shall require any changes to be made in the housing project or the manner of its construction or take any other action relating to such construction.
History:
[50-1907, added 1967, ch. 429, sec. 397, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 19 - HOUSING AUTHORITIES AND COOPERATION LAW › Section 50-1908 - TAX EXEMPTIONS AND PAYMENTS IN LIEU OF TAXES.

50-1908. TAX EXEMPTIONS AND PAYMENTS IN LIEU OF TAXES. The property of an authority is declared to be public property used for essential public purposes and such property and an authority shall be exempt from all taxes and special assessments of the city, the county, the state or any political subdivision thereof; provided, however, that in lieu of such taxes, an authority may agree to make payments to the city for improvements, services and facilities furnished by such city for the benefit of a housing project, or in lieu of such taxes, an authority may agree to make payments to a school district or school districts, which district or districts include within its boundaries all or a portion of the real property of an authority, for school services and facilities furnished by said school district or districts, for the benefit of the residents of a housing project.
History:
[50-1908, added 1967, ch. 429, sec. 398, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 19 - HOUSING AUTHORITIES AND COOPERATION LAW › Section 50-1909 - DONATIONS TO HOUSING AUTHORITY.

50-1909. DONATIONS TO HOUSING AUTHORITY. Any city or county, in which a housing authority has been created, shall have the power, from time to time, to lend or donate money to such authority or to agree to take such action; provided, however, that when a housing authority has the money available therefore it shall make reimbursement for all such loans made of it.
History:
[50-1909, added 1967, ch. 429, sec. 399, p. 1249; am. 1993, ch. 215, sec. 3, p. 585.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 19 - HOUSING AUTHORITIES AND COOPERATION LAW › Section 50-1911 - REMOVAL OF COMMISSIONERS.

50-1911. REMOVAL OF COMMISSIONERS. A commissioner of an authority may be removed by the mayor, with the approval of the city council, at any time, with or without cause. The mayor shall cause to be sent a notice of the removal to the commissioner removed, the authority and the city clerk.
History:
[50-1911, added 1967, ch. 429, sec. 401, p. 1249; am. 1998, ch. 367, sec. 9, p. 1155.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 19 - HOUSING AUTHORITIES AND COOPERATION LAW › Section 50-1912 - OPERATION NOT FOR PROFIT.

50-1912. OPERATION NOT FOR PROFIT. It is hereby declared to be the policy of this state that each housing authority shall manage and operate its housing projects in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with providing adequate, safe and sanitary accommodations, and no housing authority shall construct or operate any such project for profit or as a source of revenue to the city. An authority shall fix the rentals for dwellings in its projects at no higher rates than it shall find to be necessary in order to produce revenue which, together with all other available moneys, revenues, income and receipts of the authority from whatever sources derived, will be sufficient (a) to pay, as the same become due, the principal and interest on the bonds of the authority; (b) to meet the cost of, and to provide for, maintaining and operating the projects, including the cost of any insurance, and the administrative expenses of the authority; and (c) to create, during not less than the six (6) years immediately succeeding its issuance of any bonds, a reserve sufficient to meet the largest principal and interest payments which will be due on such bonds in any one (1) year thereafter and to maintain such reserve.
History:
[50-1912, added 1967, ch. 429, sec. 402, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 19 - HOUSING AUTHORITIES AND COOPERATION LAW › Section 50-1913 - RENTALS AND TENANT SELECTION.

50-1913. RENTALS AND TENANT SELECTION. In the operation or management of housing projects, an authority shall at all times observe the following duties with respect to rentals and tenant selection:
(a) it may rent or lease the dwelling accommodations therein only to persons of low income and at rentals within the financial reach of such persons of low income;
(b) it may rent or lease dwelling accommodations consisting of the number of rooms, but no greater number, which it deems necessary to provide safe and sanitary accommodations to the proposed occupants thereof without overcrowding; and
(c) it shall not accept any person as a tenant in any housing project, if the person or persons who would occupy the dwelling accommodations have an annual net income in excess of five (5) times, the annual rental of the quarters to be furnished such person or persons, except that in the case of families with three (3) or more minor dependents, such ratio shall not exceed six (6) to one (1). In computing the rental for the purpose of selecting tenants, there shall be included in the rental the average annual cost, as determined by the authority, to occupants of heat, water, electricity, gas, cooking range and other necessary services or facilities, whether or not the charge for such services and facilities is in fact included in the rental.
Nothing contained in this or the preceding section shall be construed as limiting the power of authority to vest, in an obligee, the right, in the event of a default by the authority, to take possession, during the period of such default, of a housing project or cause the appointment of a receiver thereof, free from all the restrictions imposed by this or the preceding section.
History:
[50-1913, added 1967, ch. 429, sec. 403, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 19 - HOUSING AUTHORITIES AND COOPERATION LAW › Section 50-1914 - EMINENT DOMAIN.

50-1914. EMINENT DOMAIN. An authority shall have the right to acquire, by the exercise of the power of eminent domain, any real property which it may deem necessary for its purposes under this act after the adoption of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. An authority may exercise the power of eminent domain in the manner provided in title 7, chapter 7, Idaho Code, and acts amendatory thereof or supplementary thereto; or it may exercise the power of eminent domain in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain. Property already devoted to a public use may be acquired in like manner, provided that no real property belonging to the city, the state or any political subdivision thereof may be acquired without its consent.
History:
[50-1914, added 1967, ch. 429, sec. 404, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 19 - HOUSING AUTHORITIES AND COOPERATION LAW › Section 50-1915 - PLANNING, ZONING AND BUILDING LAWS.

50-1915. PLANNING, ZONING AND BUILDING LAWS. All housing projects of an authority shall be subject to the planning, zoning, sanitary and building laws, ordinances and regulations applicable to the locality of any housing project and an authority shall take into consideration the relationship of the project to any larger plan or long-range program for the development of the area in which the housing authority functions.
History:
[50-1915, added 1967, ch. 429, sec. 405, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 19 - HOUSING AUTHORITIES AND COOPERATION LAW › Section 50-1916 - BONDS.

50-1916. BONDS. An authority shall have power to issue bonds, from time to time, in its discretion, for any of its corporate purposes. An authority shall also have power to issue refunding bonds for the purpose of paying or retiring bonds previously issued by it. In order to carry out the purposes of sections 50-1901 through 50-1927, Idaho Code, an authority may issue, upon proper resolution, bonds on which the principal and interest are payable: (a) exclusively from the income and revenue of a housing project financed with the proceeds of such bonds, or (b) exclusively from such income and revenues together with grants and contributions from the federal government or other source in aid of such project, or (c) from all or part of its revenues or assets generally. Any such bonds may be additionally secured by a pledge of any income or revenues of the authority, or a mortgage of any housing project, projects or other property of the authority. Any pledge made by the authority shall be valid and binding from the time when the pledge is made and recorded; the revenues, moneys or property so pledged and thereafter received by the authority shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the authority, irrespective or whether the parties have notice thereof.
Neither the commissioners of any authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. The bonds and other obligations of an authority shall state on their face that they shall not be a debt of the city, the county, the state nor any political subdivision thereof and neither the city, the county, the state nor any political subdivision thereof shall be liable thereon, nor in any event shall such bonds or obligations be payable out of any funds other than those of said authority. Bonds of an authority are declared to be issued for an essential public and governmental purpose and to be public instrumentalities and, together with interest thereon and income therefrom, shall be exempt from taxes.
History:
[50-1916, added 1967, ch. 429, sec. 406, p. 1249; am. 1993, ch. 215, sec. 4, p. 585.]