Title 50 — MUNICIPAL CORPORATIONS

50-1701. Short title. Chapter 17, title 50, Idaho Code, shall be known and cited as the "Local Improvement District Code."

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 …

50-1703. Powers conferred. (a) The governing body of any municipality shall have power to make or cause to be made any one (1) or more or combination of the following improvements: (1) To establish grades and lay out, establish, open, extend and widen any local, collector, arteri…

50-1703A. Local business improvement districts. (1) The legislature finds that the development of architectural themes for cities is a legitimate method to further the public health, safety and welfare of cities. The purpose of the provisions of this section is to authorize citie…

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 improveme…

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 prope…

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 ass…

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 d…

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 improveme…

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 municip…

50-1709. Protests and hearing. Any owner of property to be assessed in the proposed local improvement district described in the notice of intention shall have the right, in advance of the hearing, to file in writing a protest to the creation of the district or making any other ob…

50-1710. Ordinance creating improvement district and procedure for construction bids. If, after the hearing on the creation of the district, the council finds (a) that the district will be for the best interest of the property affected and the municipality, (b) that there is reas…

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 co…

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 impro…

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 publi…

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…

50-1715. Confirmation of assessment roll. (1) After said hearing, the council shall pass an ordinance confirming the assessment roll as corrected by the council in relation to the benefits accruing thereon as a result of the improvements being made. The ordinance shall be the fin…

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 …

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 …

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 m…

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 …

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 charte…

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 ar…

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 p…

50-1722. Bonds — Registered warrants — Interim warrants. If the council determines to make assessments payable in instalments as is provided in section 50-1715, Idaho Code, it shall be ordinance issued in the name of the municipality improvement bonds of the improvement district …

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 withi…

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…

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 …

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 ass…

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 publ…

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 …

50-1738. Delinquent instalments. If any instalment or payment is not made as provided hereinbefore and in default, it shall then become delinquent.

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 ins…

50-1740. Delinquent certificate register. Within twenty (20) days after preparing and issuing any delinquency certificate the treasurer shall enter the same in a book to be kept by said treasurer known as "Local Improvement District Delinquency Certificate Register," which regist…

50-1741. Assignment of delinquent certificates. Whenever any person shall tender to the treasurer in cash the amount of any such certificate and interest thereon at the rate of ten per cent (10%) per annum from date of such certificate to the end of the month in which such purcha…

50-1742. Form of assignment — Assignment by purchaser. The assignment prescribed by the preceding section must be substantially in the following form, and indorsed on the certificate: ASSIGNMENT BY TREASURER State of Idaho ss. Municipality …. For and in consideration of the sum o…

50-1743. Redemption. At any time within two (2) years from the date of any delinquency certificate, the owner of the property described therein, or any one on his behalf, may redeem such property by paying to the treasurer the amount stated in such certificate together with inter…

50-1744. Deed. If the property described in any delinquency certificate is not redeemed within two (2) years from the date thereof, the treasurer, after having given notice hereinafter required, shall issue a deed thereto to the municipality, or if the same has been assigned as h…

50-1745. Notice of expiration of time of redemption. The treasurer shall, at least one (1) month and not more than three (3) months before the expiration of the time of redemption of any property, serve or cause to be served, a written or printed, or partly written and partly pri…

50-1746. Proof of notice. The treasurer shall, before issuing any deed to the municipality, make and file his affidavit showing a full compliance with the requirements of the preceding section as to giving notice of the expiration of the period of redemption; before issuing a dee…

50-1747. Effect of deed as evidence. The matters recited in the delinquency certificate must be recited in the deed and such deed duly acknowledged or proved shall be prima facie evidence: (1) that the improvement district was created, the assessment made and the work and improve…

50-1748. Delinquency certificate for subsequent instalments. Whenever any delinquency certificate has been assigned, as hereinbefore provided, and the time for redemption has expired and there are outstanding against the property covered by said certificate, any delinquent instal…

50-1749. Fees of treasurer. The treasurer shall receive the following fees, which, when paid, shall be credited to the general fund of the municipality: for issuing any delinquency certificate twenty-five cents (25¢) to be included in the amount of the certificate; for making any…

50-1750. Suit to quiet title. Whenever the necessary costs and attorney’s fees have been advanced by the holders of the bonds of the district or any prospective purchaser or other person, it shall be the duty of the council of such municipality to cause the attorney to commence s…

50-1751. Sale of property deeded to municipality. At any time after acquiring title and possession of any property, as hereinbefore provided, the municipality may sell such property to any purchaser upon receiving therefor a sum not less than the amount for which the property was…

50-1752. Sale of property after maturity of bonds. Within thirty (30) days after the maturity of the last instalment of any issue of bonds of a local improvement district, if any such bonds or interest coupons shall remain unpaid, any property remaining unsold, to which the munic…

50-1753. Disposition of funds. All money received by the treasurer on account of the payment of assessments or instalments thereof, the assignment or redemption of delinquency certificates, or for rents, issues and profits, or from the sale of any property, title to which is held…

50-1754. Delinquent certificate not assignable during pendency of action. No certificate of delinquency as hereinbefore provided, shall be assigned, or any property sold, to which the municipality has taken a deed, on account of any assessment, or instalment thereof, during the p…

50-1755. Duties of officers. When the council shall decide that it is to the best interest of the municipality that the duties in this code designated to be performed by the treasurer should be done and performed by the clerk of such municipality, they may at their option, by res…

50-1762. Local improvement guarantee fund — Creation of fund. Any municipal corporation, including chartered municipal corporations, may by general ordinance of appropriation or by levy of a tax of not to exceed two hundredths percent (.02%) of the market value for assessment pur…