reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 16 - CIVIL SERVICE › Section 50-1605 - APPOINTMENT TO POSITIONS — CERTIFICATE OF ELIGIBLES — REEXAMINATION.

50-1605. APPOINTMENT TO POSITIONS — CERTIFICATE OF ELIGIBLES — REEXAMINATION. When a position in the classified civil service is to be filled, the appointing authority shall notify the civil service commissioner and the commission shall, as soon as possible, certify the names of three (3) or so many as there be if less than three (3) on the eligible list, to the appointing officer, provided, the said commission shall always certify the persons having the highest standing in the eligible list for the position to be filled, and each position shall be filled by one (1) of the persons certified by the said commission. All appointments shall be probationary for such periods as may be prescribed by the civil service commission. All persons not appointed shall be restored to their relative positions on the eligible list.
All persons, having been on the eligible list for two (2) years without appointment, shall be removed therefrom and can only be returned thereto upon regular examination.
History:
[50-1605, added 1967, ch. 429, sec. 281, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 16 - CIVIL SERVICE › Section 50-1606 - PROMOTION FOR MERIT.

50-1606. PROMOTION FOR MERIT. The civil service commission shall provide for promotions within the departments under the classified civil service on the basis of ascertained merit, seniority in service, standing obtained by competitive examination, and in all cases where practicable, provide that vacancies shall be filled by promotion from among such members of the next lower rank as submit themselves for examination for promotion. The civil service commission shall certify the names of not more than three (3) applicants having the highest rating to the appointing authority for each promotion.
History:
[50-1606, added 1967, ch. 429, sec. 282, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 16 - CIVIL SERVICE › Section 50-1607 - EMPLOYEES OF SIX MONTHS WHEN ORDINANCE BECOMES EFFECTIVE.

50-1607. EMPLOYEES OF SIX MONTHS WHEN ORDINANCE BECOMES EFFECTIVE. All persons who are and have been continuously in the employ of the city, for at least six (6) months next prior to the effective date of the civil service ordinance, shall retain their respective employment, subject to removal or suspension in accordance with the rules and regulations of the civil service commission.
History:
[50-1607, added 1967, ch. 429, sec. 283, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 16 - CIVIL SERVICE › Section 50-1608 - TEMPORARY APPOINTMENTS.

50-1608. TEMPORARY APPOINTMENTS. The appointing authority of each department under the classified civil service, by and with the advice and consent of the civil service commission, may employ any person for temporary work without making such appointment from the certified list; but under no circumstances shall such temporary employee be appointed to a permanent position unless he shall have been duly certified by the civil service commission as in other cases.
History:
[50-1608, added 1967, ch. 429, sec. 284, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 16 - CIVIL SERVICE › Section 50-1609 - REMOVALS — SUSPENSIONS — APPEALS — HEARINGS.

50-1609. REMOVALS — SUSPENSIONS — APPEALS — HEARINGS. All persons in the classified civil service shall be subject to suspension from office or employment by the head of the department for misconduct, incompetency or failure to properly observe the rules of the department. Upon suspension by the head of the department or accusation by the appointing power, any citizen or taxpayer, a written statement of such suspension or accusation, in general terms, shall be served upon the accused and a duplicate filed with the commission; provided, the head of the department may suspend a member pending the confirmation of the suspension by the appointing power, which confirmation must be within three (3) days. The finding of the civil service commission upon the said charges shall be certified to the head of the department and shall forthwith be enforced and followed by him. The aggrieved party shall, however, have the right within ten (10) days from the time of his removal, suspension, demotion or discharge as the case may be, to file with the commission a written demand for an investigation. In conducting such investigation, the commission shall be confined to the determination of the question as to whether such removal, suspension, demotion or discharge was made for political or religious reasons, or was made in good faith and for cause. All investigations made by the commission pursuant to the provisions of this section shall be by public hearing after reasonable notice to the accused of the time and place of such hearing. At such hearing the accused shall be afforded an opportunity of appearing in person or by counsel and presenting his defense. If such judgment or order be upheld by a majority of the commission, the accused may appeal therefrom to the court of original and unlimited jurisdiction in civil suits of the county wherein he resides. The court of original and unlimited jurisdiction in civil suits shall thereupon proceed to hear and determine such appeal in a summary manner; provided, however, that such hearing shall be confined to the determination as to whether the judgment or order of removal, discharge, demotion or suspension by the commission, was made in good faith and for cause, and no appeal to such court shall be taken except upon such ground or grounds.
History:
[50-1609, added 1967, ch. 429, sec. 285, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 16 - CIVIL SERVICE › Section 50-1610 - REMOVALS DUE TO REDUCTION OF FORCE.

50-1610. REMOVALS DUE TO REDUCTION OF FORCE. Nothing in sections 50-1601 through 50-1610 shall prohibit the city council from reducing the force employed, but such reduction shall be effected in inverse order of seniority of employment, and any employee who is removed on this account shall be placed at the head of the eligible list.
History:
[50-1610, added 1967, ch. 429, sec. 286, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1701 - SHORT TITLE.

50-1701. SHORT TITLE. Chapter 17, title 50, Idaho Code, shall be known and cited as the "Local Improvement District Code."
History:
[50-1701, added 1976, ch. 160, sec. 2, p. 568.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1702 - DEFINITIONS.

50-1702. DEFINITIONS. The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively given herein.
(a) Municipality. Counties, water and/or sewer districts organized pursuant to the provisions of chapter 32, title 42, Idaho Code, highway districts, cities, including but not limited to those working under a special charter which have by such charter accepted the provisions of this code, and any city or like municipality hereafter created or authorized by the legislature unless one or more of the above shall be specifically excepted in any particular section of this code.
(b) Street or streets. The entire legal right of way and highways, roads, boulevards, avenues, streets, alleys, courts and all public places within a city, county, highway district, or water and/or sewer district.
(c) Council. The board of county commissioners, board of directors of water and/or sewer districts, the board of highway commissioners of any highway district, the mayor and council of all incorporated municipalities as well as any other municipal body or board which may now, or hereafter be authorized by law to do and perform any act in relation to the making of local improvements within any municipality as provided for in this code.
(d) Clerk, attorney or other municipal officer. The appropriate and comparable city and county officers with regard to city and county local improvement districts, highway district officers with regard to such highway district local improvement districts, and water and/or sewer district officers in regard to water and/or sewer local improvement districts.
(e) Engineer. The official engineer of the municipality or one specially retained for purposes of operating under this code.
(f) Off-street parking. All machinery, equipment, materials and appurtenances, including lands, easements, rights of way and buildings required, necessary or useful for the parking of vehicles on lands or places other than public streets.
(g) Resident owner or resident owners. The owner of property within, and who resides in a dwelling house situate in whole or in part within the limits of a local improvement district, or a proposed local improvement district; and a corporation, joint stock association, partnership, individual proprietor, or other form of business enterprise owning real property, and having its principal place of business, within any such district or proposed district.
(h) Cost and expenses. The contract price of all improvements, including the cost of making improvements within any intersection, together with any costs or expenses incurred for engineering, clerical, printing and legal services as well as for advertising, surveying, inspection of work, collection of assessments, interest upon bonds or warrants, and an amount for contingencies as shall be considered necessary by the council.
History:
[50-1702, added 1976, ch. 160, sec. 2, p. 568.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1704 - IMPROVEMENTS ON RAILROAD TRACKS OR ON ONE SIDE OF A STREET.

50-1704. IMPROVEMENTS ON RAILROAD TRACKS OR ON ONE SIDE OF A STREET. (a) Whenever any improvement shall be made upon any street occupied by the tracks of any railroad, the council is authorized and it shall be its duty to assess against such railroad situated within the improvement district its just proportion of the cost and expenses of making such improvement, which proportion shall be estimated on a basis of charging to said railroad not less than the cost and expenses of improving the space between the rails of said tracks, and for a distance of two (2) feet on each side of said rails. Said assessment shall be made on the rolls of said improvement district against the railway or railroad, the same as against other property, and said assessment shall be a lien upon said portion of said railroad from the time of the levy of the assessment by the council, and shall be collected in the same manner as other local improvement district assessments.
(b) When any work or improvement herein authorized is done or made on only one (1) side of the center line of any street, assessments to cover the cost and expenses of such work or improvement may be levied on the lots and lands on that side only or on both sides, in amounts on each side as the council shall determine based on the benefits resulting to the property on each side.
History:
[50-1704, added 1976, ch. 160, sec. 2, p. 571.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1705 - MODIFIED DISTRICT.

50-1705. MODIFIED DISTRICT. Whenever any local improvement shall be of such nature and character that the special benefits resulting therefrom extend beyond the boundaries of the property abutting the improvement or whenever the special benefits do not accrue to some or all properties abutting the improvements, but to other properties, the council may create a modified local improvement district, which shall include as near as may be determined all the property especially benefited by such improvements. Provided however, that by unanimous agreement of the property owners to be assessed, properties may be included or excluded from the local improvement district regardless of whether they are specially benefited by the improvements. When such district is created, all property therein shall be assessed for a portion of the cost and expenses of such improvements, to be determined and fixed by the council when the district is created.
History:
[50-1705, added 1976, ch. 160, sec. 2, p. 572; am. 1999, ch. 291, sec. 3, p. 726.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1706 - INITIATION OF ORGANIZATION OF DISTRICT.

50-1706. INITIATION OF ORGANIZATION OF DISTRICT. The organization of any local improvement district herein provided for may be initiated upon a petition signed by not less than sixty percent (60%) of the resident owners or two-thirds (2/3) of the owners of property subject to assessment within such proposed improvement district, or by resolution of the council adopted by an affirmative vote of a majority of the members of the full council at a regular or special meeting thereof. The terms of a petition shall include a description of the boundaries of a proposed district, the improvements to be made and the property to be assessed.
History:
[50-1706, added 1976, ch. 160, sec. 2, p. 572; am. 1999, ch. 291, sec. 4, p. 726.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1706A - FEES.

50-1706A. FEES. In the case of any local improvement district initiated by petition, the petitioners may authorize the council to charge the petitioners a reasonable fee for the council to retain outside advisors to assist the council in assessing the proposed local improvement district. The council may not charge the petitioners any fee for review of a proposed local improvement district unless the petitioners authorize the fee.
History:
[50-1706A, added 1999, ch. 291, sec. 5, p. 727.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1707 - RESOLUTION OF INTENTION TO CREATE DISTRICT.

50-1707. RESOLUTION OF INTENTION TO CREATE DISTRICT. Upon the filing of a petition or upon initiation of a district by council action, the council shall at a regular or special meeting adopt a resolution giving notice of its intention to create the district, to make the improvements and to levy assessments to pay all or a part thereof. The notice shall contain:
(a) A description of the boundaries of the district to be created and the property to be assessed, sufficient to inform the owners thereof that their property is to be assessed.
(b) A general description of the improvements contemplated together with an estimate of the total cost and expenses of the same and a statement of the percentage or other calculation of the total cost and expenses of the improvements which will be paid from a levy of assessments on property benefited and the percentage or calculation of the total costs and expenses which will be paid from the general funds of the municipality or from such other source specified in the notice.
(c) A statement that the costs and expenses of the improvements will be assessed against the lots and lands specially benefited by such improvements, except as provided in section 50-1705, Idaho Code, and included in the district to be created according to a front foot method, or a square foot method, or a combination thereof, or in proportion to the benefits derived to such property by said improvements, or by another method agreed to by all property owners to be assessed, and the council shall state the method so determined in said notice.
(d) A statement that the district is to be a modified district within the meaning of this act, if the same is true, and the boundaries of such modified district shall be given.
(e) A statement of the time within which and the place at which protests shall be filed and of the time and place at which the council will conduct a public hearing to consider such protests.
History:
[50-1707, added 1976, ch. 160, sec. 2, p. 572; am. 1999, ch. 291, sec. 6, p. 727; am. 2007, ch. 58, sec. 1, p. 140.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1708 - NOTICE OF INTENTION AND HEARING.

50-1708. NOTICE OF INTENTION AND HEARING. The notice of intention shall be published in the official newspaper of the municipality in three (3) consecutive issues if a daily newspaper, or in two (2) issues if a weekly newspaper or in case no newspaper is published in such municipality then by posting for five (5) days in three (3) public places within the proposed improvement district. A copy of such notice shall be mailed to each owner of property if known or his agent if known, within the limits of the proposed improvement district, addressed to such person at his post office address if known, or if unknown, to a post office in the municipality where the improvement is to be made. Ownership of property shall be determined as of the date of the adoption of the resolution of intent to create. The hearing shall take place not less than ten (10) days from the date of the first of said publications or postings or the date of said mailing, whichever is later.
History:
[50-1708, added 1976, ch. 160, sec. 2, p. 573.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1711 - LIMITATION ON ASSESSMENTS AGAINST PROPERTY.

50-1711. LIMITATION ON ASSESSMENTS AGAINST PROPERTY. No municipality shall order any improvement to be paid for by local assessment where the estimated costs of such improvement, if such costs are to be assessed to the property in the district, or that portion of the estimated costs to be assessed, if a portion only of said total costs are to be assessed, when added to all other outstanding and unpaid local improvement assessments against the property included in the district, excluding penalties and interest, shall exceed the actual value of the real property, including the value of the improvements thereon.
The council shall provide, by ordinance, the method of determining the actual value of the real property including the improvements thereon in the district and when the valuation is so determined, such valuation shall be final and conclusive in the absence of fraud or gross mistake.
History:
[50-1711, added 1976, ch. 160, sec. 2, p. 576.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1712 - PREPARATION OF ASSESSMENT ROLL AND NOTICE OF HEARING THEREON.

50-1712. PREPARATION OF ASSESSMENT ROLL AND NOTICE OF HEARING THEREON. After the contract has been awarded and at such time as the council shall determine, the engineer shall prepare a duly certified report to the council showing in detail the total cost and expenses of the improvements and the dollar amounts of the same payable from assessments and from other sources. The report shall also contain a form of assessment roll numbering each assessment, giving the name, if known, of the owner of each lot or parcel of property assessed, and showing the amount chargeable to each lot or parcel of property according to the method of assessment originally contemplated by the council subject to any variations therefrom as a result of the engineer’s recommendation that benefits to be received by any lot or parcel of property warrant such a variation from the method chosen. Each lot or parcel of property shall be described with sufficient clearness to identify it, and if the engineer recommends any variations from the contemplated method of assessment, those variations shall be pointed out and the reasons for the same shall be given in the report. No assessment for water or sewer purposes shall be levied against any property of any public utility unless the latter shall agree to the same by filing a written consent in the office of the clerk of the municipality; and in the event that a local improvement district constructs water and sewer improvements as well as other improvements the engineer shall assess public utilities only for the amount of the total cost and expenses which the engineer finds to be attributable to such other improvements if no such consent has been given.
Upon receipt of the report, the council shall cause the assessment roll contained therein to be filed in the office of the clerk where it shall be available for public inspection. The council shall thereupon fix a time and place when and where the council will meet in open session and consider the report and the assessment roll and hear all objections to the assessment roll by the property owners of the district.
History:
[50-1712, added 1976, ch. 160, sec. 2, p. 577.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1713 - NOTICE OF HEARING ON ASSESSMENT ROLL.

50-1713. NOTICE OF HEARING ON ASSESSMENT ROLL. After the council fixes the time and place for said hearing on the assessment roll, the clerk of the municipality shall give notice by publication in the official newspaper of such municipality in three (3) successive issues if published in a daily newspaper, or by publication in two (2) issues if published in a weekly newspaper, the first of which publication shall be at least fifteen (15) days before the date fixed for hearing objections to said assessment roll, that such assessment roll is on file in his office. The notice shall further state the date, time and place at which the council will hear and consider objections to the assessment roll by the parties aggrieved by such assessments. The clerk shall, not less than fifteen (15) days before the date fixed for hearing objections to said assessment roll, mail a substantially similar notice to each owner of property if known, or his agent if known, within the limits of the improvement district, addressed to such person at his post office address if known, or if unknown, to the post office in such municipality where the improvement is to be made. The mailed notice shall also state the amount of the individual assessment and that at the specified time and place the council will hold a hearing to hear and determine all objections to the regularity of the proceedings in making such assessment, the correctness of the assessment, and the amount levied on the particular lot or parcel in relation to the benefits accruing thereon and in relation to the proper proportionate share of the total cost of the improvements in the project. It shall further state that each owner of property within the district is given notice that in revising the assessment roll at or after the hearing, the council may increase any assessment or assessments up to twenty per cent (20%) of the original amount thereof without giving further notice and holding a new hearing thereon. The owner or owners of any property which is assessed in such assessment roll, whether named or not in such roll, may, before the date and time fixed for the hearing, file with the clerk his objections in writing to said assessment.
History:
[50-1713, added 1976, ch. 160, sec. 2, p. 577.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1714 - HEARING OBJECTIONS TO ASSESSMENT ROLL AND CONFIRMATION.

50-1714. HEARING OBJECTIONS TO ASSESSMENT ROLL AND CONFIRMATION. At the time appointed for hearing objections to such assessment roll, the council shall consider the engineer’s report and the assessment roll and shall hear and determine all objections which have been filed by any party interested to the regularity of the proceedings in making such assessment, to the correctness of such assessment, to the amount levied on any particular lot or parcel of land, including the benefits accruing thereon and the proper proportionate share of the total cost of the improvements to be borne thereby and to the inclusion of any lot or parcel of land in the proposed district. The council shall have the power (a) to adjourn such hearing from time to time and, in its discretion, to revise, correct, conform or set aside any assessment and to order that such assessment be made de novo, and (b) to exclude any lot or parcel of land from an assessment roll which, in the judgment of the council, it finds will not be benefited by improvements to be made. If any assessments are increased in an amount greater than twenty per cent (20%) of the amount of the assessments as set out in the notice of the hearing, then a new notice of the hearing shall be given and a new hearing held as aforesaid. No new hearing shall be required in the event that any assessments are decreased in any amount or are increased in an amount up to twenty per cent (20%) of the original amount.
History:
[50-1714, added 1976, ch. 160, sec. 2, p. 578.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1716 - NOTICE AND PAYMENT OF ASSESSMENTS.

50-1716. NOTICE AND PAYMENT OF ASSESSMENTS. Upon passage of the assessment roll, the treasurer of the municipality shall mail a postcard or letter to each property owner assessed at his post office address if known, or if unknown, to the post office in the municipality where the improvement is being made, stating the total amount of his assessment, plus the substance of the terms of payments of the same as set out in the ordinance confirming the assessment roll.
An affidavit of the mailing of the notice shall be filed, before the date of delinquency, in the office of the treasurer in the file of the improvement district, but the failure of the treasurer to give any notice required by this section or to do any other act or thing required by this section, shall not affect the validity of the assessments or installments thereof due nor extend the time for payment, but shall subject the municipality to liability to a taxpayer for any damage sustained by the latter by reason of such failure.
History:
[50-1716, added 1976, ch. 160, sec. 2, p. 581.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1717 - INSTALLMENT DOCKET.

50-1717. INSTALLMENT DOCKET. Whenever any improvement bonds or warrants are issued as herein provided, the treasurer shall immediately thereafter mark on the assessment roll of such local improvement district opposite each assessment which has been paid, the word "paid" together with the date of payment, and shall immediately thereafter enter in a docket to be kept for that purpose, known as "local improvement installment docket" under separate heads for each improvement district, all unpaid assessments as shown on such assessment roll, said docket to be made up from the assessment roll, and shall contain in separate columns the number of the assessment, the name of the owner, the description of the property, the amount of the total assessment, the amount and date when due of each annual installment with interest added, and a blank column in which shall be marked the date of payment of each installment. Such docket shall stand thereafter as a lien docket for such assessments so shown until paid.
History:
[50-1717, added 1976, ch. 160, sec. 2, p. 581.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1718 - APPEAL PROCEDURE — EXCLUSIVE REMEDY.

50-1718. APPEAL PROCEDURE — EXCLUSIVE REMEDY. Any person who has filed objections to the assessment roll or any other person who feels aggrieved by the decision of the council in confirming the same shall have the right to appeal to the district court of the county in which the municipality may be situated. Such appeal shall be made within thirty (30) days from the date of publication of the ordinance confirming the assessment roll by filing a written notice of appeal with the clerk of the municipality and with the clerk of the district court aforesaid describing the property and objections of the appellant. The appellant shall also provide a bond to the municipality in a sum to be fixed by the court, but not less than two hundred dollars ($200) with sureties to be approved by the court, conditioned to pay all costs to be awarded to the respondent upon such an appeal. After said thirty (30) day appeal period has run, no one shall have any cause or right of action to contest the legality, formality or regularity of said assessments for any reason whatsoever and, thereafter, said assessments and the liens thereon shall be considered valid and incontestable without limitation.
If an appeal is filed within said period, the case shall be docketed by the clerk of said court in the name of the person taking the appeal against the municipality as "an appeal from assessments." Said cause shall then be at issue and have precedence over all civil cases pending in said court, except proceedings under the act relating to eminent domain by cities and actions of forcible entry and detainer. Such appeal shall be tried in said court as in the case of equitable causes except that no pleadings shall be necessary. The judgment of the court shall be either to confirm, modify or annul the assessment insofar as the same affects the property of the appellant, from which judgment an appeal may be taken to the Supreme Court as provided by law. In case the assessment is confirmed, the fees of the clerk of the municipality for copies of the record shall be taxed against the appellant with other costs.
History:
[50-1718, added 1976, ch. 160, sec. 2, p. 581.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1719 - ADDITIONAL IMPROVEMENTS.

50-1719. ADDITIONAL IMPROVEMENTS. Whenever any assessment is levied on any property for further, separate or additional improvement under the provisions of this code or any law of this state, such assessment shall be a subsequent lien upon the property so assessed to the lien of the unpaid assessments theretofore made for the original improvement. Whenever any assessment is made for such further, separate or additional improvement on property on which an existing assessment has been levied for improvements, such further, separate or additional assessment for improvement shall not be construed or considered as for one and the same improvement, or for the same purpose or for the same benefit, or as a double assessment for improvements against the property being assessed for the payment of the cost and expense of such improvement but shall be considered and construed as a separate, distinct, single and independent improvement on and of benefit to the property so assessed. All assessments so levied or bonds or warrants issued payable from the same shall be considered and construed as assessments levied or bonds or warrants issued for separate, distinct, single and independent improvements and benefits on and to the property so assessed.
History:
[50-1719, added 1976, ch. 160, sec. 2, p. 582.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1720 - REASSESSMENT OF BENEFITS.

50-1720. REASSESSMENT OF BENEFITS. In all cases of assessments for local improvements of any kind against any property wherein said assessments have failed to be valid in whole or in part for want of form or sufficiency, informality, irregularity or nonconformance with the charter provisions, or laws governing such assessments, the council shall be and is hereby authorized to reassess such assessments and to enforce their collection in accordance with the provisions of law existing at the time the reassessment is made. No mistake in description of the property or the name of the owner thereof shall affect the validity of any assessment or any lien created thereby under the provisions of this code, or any law of this state, unless such mistake or error renders it impossible to identify the property so assessed.
When for any cause, mistake, or inadvertence, the amount assessed on any property is insufficient to pay the cost and expenses of the improvement made and enjoyed by the owner of such property, it shall be lawful, and the council is hereby directed and authorized, to make reassessments on said property sufficient in amount to pay for such improvements, the reassessment to be made and collected in accordance with the provisions of law existing at the time of its levy.
History:
[50-1720, added 1976, ch. 160, sec. 2, p. 583.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1721 - LIEN OF ASSESSMENT — FORECLOSURE.

50-1721. LIEN OF ASSESSMENT — FORECLOSURE. (1) Assessments levied to pay the cost and expense of any improvement authorized by the provisions of this code, or any law of this state, shall constitute a lien upon and against the property upon which such assessment or assessments are made and levied from and after the date upon which the ordinance levying such assessment or assessments is passed, which lien shall be superior to the lien of any mortgage or other encumbrance, whether prior in time or not, and shall constitute such lien until paid, and until paid, such lien shall not, except as otherwise provided in this section, be subject to extinguishment, including but not limited to extinguishment by reason of the sale of the property assessed on account of the nonpayment of general taxes or the conveyance of such property by any means to the United States of America, or any agency thereof, the state of Idaho, or any county, city, school district, community college district, or other public body, agency or taxing unit in said state. When bonds have not been issued and said assessments made payable in installments as herein provided, such assessments shall be collected, or the property therein shall be foreclosed and sold for such assessments and costs, in a suit for that purpose by the municipality. Delinquent assessments certified to the tax collector for collection as provided in section 50-1715, Idaho Code, shall be governed by the provisions of chapter 10, title 63, Idaho Code. All provisions of chapter 10, title 63, Idaho Code, specifically including those governing collection, satisfaction, and extinguishment of delinquent amounts, shall apply to certified delinquent assessments in the same manner and to the same effect as delinquent property taxes.
(2) Such suit shall be in the name of the municipality as plaintiff and against any one (1) or more owners of property failing to pay such assessment or assessments as defendants. In any such proceedings where the court trying the same shall be satisfied that the improvements have been made or have been contracted for, which according to the true intent of this code would be properly chargeable to such property, a recovery shall be permitted and the lien enforced to the extent of the cost and expenses of the improvement which would be chargeable on such property notwithstanding any informality, irregularity or defect in any of the proceedings of such municipality or any of its officers, and such property shall be ordered sold for the payment of the assessment or assessments against it and the costs and expenses of such suit, including reasonable attorney’s fees, to be fixed by the court and prorated to each separate piece of property.
History:
[50-1721, added 1976, ch. 160, sec. 2, p. 583.; am. 2020, ch. 273, sec. 3, p. 807.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1721A - SEGREGATION OF ASSESSMENTS.

50-1721A. SEGREGATION OF ASSESSMENTS. Whenever any land against which there has been levied any special assessment by any municipality shall have been sold in part or subdivided, the council of that municipality shall have the power to order a segregation of the assessment.
Any person desiring to have such a special assessment against a tract of land segregated to apply to smaller parts thereof shall apply to the municipality which levied the assessment. If the council determines that a segregation should be made, it shall by ordinance order the clerk to make segregation on the original assessment roll as directed in the ordinance. The segregation shall be made as nearly as possible on the same basis as the original assessment was levied, and the total of the segregated parts of the assessment shall equal the assessment before segregation. The ordinance shall describe the original tract, the amount and date of the original assessment, and shall define the boundaries of the divided parts and the amount of the assessment chargeable to each part. A certified copy of the ordinance shall be filed with the county recorder. The council may require, as a condition to the order of segregation, that the person seeking it pay the municipality the reasonable engineering and clerical costs incident to making the segregation. No segregation need be made if the council shall find that by such segregation the security of the lien for such assessment will be so jeopardized as to reduce the security for any outstanding local improvement district obligations payable from such assessment.
History:
[50-1721A, added 1987, ch. 126, sec. 1, p. 256.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1723 - LIABILITY OF MUNICIPALITY.

50-1723. LIABILITY OF MUNICIPALITY. The holder of any bond, issued under the authority of this code, shall have no claim therefor against the municipality by which the same is issued, except to the extent of the funds created and received by assessments against the property within any local improvement district as herein provided and to the extent of the local improvement guarantee fund which may be established by any such municipality under the provisions of this code, but the municipality shall be held responsible for the lawful levy of all special taxes or assessments herein provided and for the faithful accounting of settlements and payments of the special taxes and assessments levied for the payment of the bonds as herein provided. The owners and holders of such bonds shall be entitled to complete enforcement of all assessments made for the payment of such bonds. A copy of this section shall be plainly written, printed or engraved on the face of each bond so issued.
History:
[50-1723, added 1976, ch. 160, sec. 2, p. 585.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1724 - BOND AND INTEREST FUNDS.

50-1724. BOND AND INTEREST FUNDS. Once bonds are issued as provided herein, any funds paid as instalment payments of assessments pledged to the payment of such bonds shall be kept in a fund known as the "bond fund" of the district and any funds paid as interest on said instalment payments of assessments shall be kept in a fund known as the "interest fund" of the district. The funds shall be deposited in such bank or banks as are designated as depositors of public moneys of such municipalities under the laws of this state, or invested in bonds or warrants of the municipality. Interest received on such funds so deposited or invested shall be placed to the credit of the fund from which it is earned. Maturing bonds shall be paid from the bond fund and the interest on the bonds, when due, shall be paid from the interest fund. If there is sufficient money in the bond fund to pay the principal of one or more bonds, the treasurer may call in and pay such bonds as of the next interest payment date in such manner as may be provided by the council at the time of the issuance of the bonds. The bonds to be called shall be selected by lot and shall, in the event less than all of the outstanding bonds are to be redeemed, insofar as can be done taking into consideration the denominations of the outstanding bonds, represent an equal amount of bonds from each maturity outstanding at the time of the redemption.
History:
[50-1724, added 1976, ch. 160, sec. 2, p. 586.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1725 - REISSUE OF BONDS.

50-1725. REISSUE OF BONDS. Where any bonds issued under this code are declared invalid or void by order or decree of court, which may be legally reissued, the council of such municipality shall, by ordinance, provide for the reissuance thereof at the same rate of interest and in such amount as will cover the principal and interest due on said bonds, and the ordinance providing for such reissue shall provide for the surrender and cancellation of such bonds upon which there has been a default or which have been declared invalid or void and the lien created by the levy of such assessment or assessments as herein provided shall not be deemed to have been lost or waived by such reissue but shall remain in full force and effect.
History:
[50-1725, added 1976, ch. 160, sec. 2, p. 586.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1726 - RIGHTS AGAINST ASSESSMENTS.

50-1726. RIGHTS AGAINST ASSESSMENTS. The said bonds of any local improvement district as herein provided, when sold as hereinbefore provided, shall transfer to the owner or holder of such bonds all the rights and interest of such municipality in and with respect to every such assessment and the lien thereby created against the property of each owner assessed as shall not have availed himself of the provisions of this code, in regard to the redemption of his property as aforesaid, and shall authorize owners and holders of such bonds to receive and have collected the assessment or assessments embraced in any such bonds through any of the methods provided by law for the collection of assessments for local improvements.
Whenever any installment of an assessment or the interest thereon made for the payment of principal, or interest on such bonds so issued, is not paid when due and shall become delinquent, the municipality may by a resolution duly adopted declare all unpaid instalments against any property to pay the cost and expenses of such improvement to be immediately due, payable and delinquent, and may thereupon cause a delinquency certificate to be issued against said property for the whole of the unpaid assessment against it in the manner hereinafter provided for issuance of delinquency certificates upon any instalment of such assessment(‘s) becoming delinquent, and any such council must pass such resolution upon the written request of the holders of one-half (1/2) of any such bond issue, filed with the clerk.
History:
[50-1726, added 1976, ch. 160, sec. 2, p. 587.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1727 - PUBLICATION AND CONCLUSIVENESS OF PROCEEDINGS.

50-1727. PUBLICATION AND CONCLUSIVENESS OF PROCEEDINGS. The council may provide for the publication of any ordinance, resolution or other proceeding adopted by it pursuant to this code in the official newspaper of the municipality. For a period of thirty (30) days after such publication any person in interest shall have the right to contest the legality of such ordinance, resolution or proceeding or any bonds which may be authorized thereby. No contest or proceeding to question the validity or legality of any ordinance, resolution or proceeding, or any bonds which may be authorized thereby, passed or adopted under the provisions of this code shall be brought in any court by any person for any cause whatsoever, after the expiration of thirty (30) days from the date when the ordinance, resolution or proceeding was published, and after such time the validity, legality and regularity of such ordinance, resolution or proceeding or any bonds authorized thereby shall be conclusively presumed. If the question of validity of any bonds issued pursuant to this code is not raised within thirty (30) days from the date of publication of the ordinance, resolution or proceeding issuing said bonds and fixing their terms, the authority to issue the bonds, the legality thereof and of the assessments necessary to pay the same shall be conclusively presumed and no court shall thereafter have authority to inquire into such matters.
History:
[50-1727, added 1976, ch. 160, sec. 2, p. 587.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1728 - CONSOLIDATED LOCAL IMPROVEMENT DISTRICTS AUTHORIZED.

50-1728. CONSOLIDATED LOCAL IMPROVEMENT DISTRICTS AUTHORIZED. Solely for the purpose of issuing bonds, registered warrants, or interim warrants, the governing body of any municipality may authorize the establishment of consolidated local improvement districts. The original local improvement districts so consolidated need not be contiguous. If the council orders the creation of such consolidated local improvement districts, the moneys received from the installment payment of the principal of and interest on assessments levied within the original local improvement districts shall be deposited in a consolidated local improvement district bond fund and interest fund to be used to pay the principal of and interest on the outstanding consolidated local improvement district bonds or warrants.
History:
[50-1728, added 1981, ch. 149, sec. 1, p. 259.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1738 - DELINQUENT INSTALMENTS.

50-1738. DELINQUENT INSTALMENTS. If any instalment or payment is not made as provided hereinbefore and in default, it shall then become delinquent.
History:
[50-1738, added 1967, ch. 429, sec. 324, p. 1249.]
2023 Idaho Code › Title 50 - MUNICIPAL CORPORATIONS › Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND › Section 50-1739 - DELINQUENT CERTIFICATES.

50-1739. DELINQUENT CERTIFICATES. As soon as any assessment or instalment thereof, of any local improvement district shall become delinquent, the treasurer shall, if such assessment be collected in one (1) payment, mark the same delinquent on the assessment roll, or if for an instalment of an assessment, on the "Local Improvement Instalment Docket," and shall add to the amount shown on said assessment roll, or instalment docket, a penalty of two per cent (2%) thereon. Within ten (10) days thereafter the treasurer shall prepare and issue to the municipality, in which such local improvement district is located, a delinquency certificate to the property included in each such delinquent assessment or instalment, which certificate shall have the force and effect of a sale of said property to the municipality for the amount thereof, said certificate shall bear date as of the time such assessment or instalment became delinquent and shall be for the amount thereof plus the penalty charged thereon. Such certificate shall contain, besides the description of the property to be sold, the name of the person assessed, if known, or if unknown, that fact, the amount of the assessment of instalment, plus penalty thereon; the number of the assessment and the name of the improvement district in which assessed; the date when such certificate will go to deed and shall bear interest from date thereof at the rate of ten per cent (10%) per annum. Such certificates shall be made in duplicate, bound together in books in numerical order and filed in the office of the treasurer; provided, that after one (1) such certificate has been issued no further delinquency certificate shall be issued for subsequent instalments of the same assessment, except as hereinafter provided, and whenever any subsequent instalment shall thereafter become delinquent the treasurer shall so mark the same in the instalment docket and add the penalty thereto, as hereinbefore provided, and the same shall draw interest at the rate of ten per cent (10%) per annum from date of delinquency until the end of the month in which it is paid.
History:
[50-1739, added 1967, ch. 429, sec. 325, p. 1249.]