Title 40 — HIGHWAYS AND BRIDGES

40-813. Liability of special tax districts for general taxes. All land within special tax districts shall be subject to the same taxation at the same rate as other property in the highway district for the purpose of meeting the principal and interest requirements of that portion …

40-814. Resolutions and orders adopted by commissioners. All resolutions and orders adopted by commissioners and boards of highway district commissioners in respect to the organization and operation of each highway district and the bonds and taxes, as they appear upon the records…

40-815. Estimate and levy of tax — Exception. The commissioners must each year, at the meeting at which they are required to levy the ad valorem tax for county purposes, estimate the probable amount of ad valorem tax for highway and bridge purposes which may be necessary for the …

40-816. Indebtedness in excess of express provisions prohibited — Exceptions. A highway district board, or other officers of the highway district, shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provision…

40-817. Highway district taxes — Duties of county assessor. Upon receiving a certified copy of a resolution of a highway district board, the county assessor must assess upon all property in the highway district subject to taxation the taxes so levied and certified to him. His ass…

40-818. Limitation on levies — Penalties. It shall be unlawful for any board of highway district commissioners or its members to levy any tax upon the property in a highway district for any purpose whatsoever in excess of the levies provided by law. Any highway district commissio…

40-819. Election to increase levy — Notice. (1) Whenever the levies provided by law to be made by highway district commissioners will not, in the opinion of the highway district commissioners, produce a sufficient amount of money for the use of the highway district for their purp…

40-820. Expenditures in emergencies. In the event of a great public disaster, or if it is necessary to do emergency work to prepare for national or local defense, the board of highway district commissioners may pass a resolution declaring the public interest and necessity demand …

40-821. Treasurer of highway district — Duties. It is the duty of the treasurer of a highway district to keep accounts of the district and to place to the credit of the district all moneys received by him, and to pay over all moneys belonging to the district on legally drawn warr…

40-822. Detached territory — Order determining apportionment of indebtedness — Special levy. (1) A board of highway district commissioners shall enter upon its records an order determining the net proportionate share of the indebtedness of the highway district incurred prior to a…

40-823. Levy to pay indebtedness upon division of district. Whenever there is a division of a highway district and an amount is found to be due from either of the districts to the other, and where a warrant or warrants have been drawn for the amount due payable to the creditor di…

40-824. Computation and payment of indebtedness of dissolved district situated in two or more counties. In the case of dissolved highway districts situated in two (2) or more counties, the commissioners of the county having jurisdiction of the dissolution of the district shall co…

40-825. Levies to pay claims against dissolved or consolidated systems and districts — Certification and assessment — Issuance of new highway users’ fund bonds. After dissolution of a county or city highway system or a highway district, or upon a consolidation of districts, and a…

40-826. Collection of taxes — Disposition upon collection. Taxes levied shall become a lien upon the property so assessed from the date of assessment and shall be due and payable at the same time as other county taxes. The taxes shall be collected in the same way, except that the…

40-827. Authorization for voters to approve vehicle registration fee. (1) Notwithstanding the provisions of section 49-207, Idaho Code, the voters of any county may authorize the board of county commissioners to adopt an ordinance by majority vote of the board of county commissio…

40-901. Application. The requirements for contracts and bids that apply to all county highway systems and highway districts of the state shall be subject to the provisions of chapter 28, title 67, Idaho Code, in concert with the provisions of any specific statute pertaining to th…

40-902. Bids — State highway system. (1) Whenever work on the state highway system is let by contract, advertisement for sealed bids must be provided for at least two (2) consecutive weeks in one (1) newspaper, having a general circulation in the county or one (1) of the counties…

40-903. County, city or highway district bid prohibited. No county, city or highway district shall bid on any state highway system construction project which is let by competitive bid by the Idaho transportation board; provided, however, the provisions of this section shall not p…

40-904. contracts — design build. (1) The preferred contracting method of the department shall be as described in section 40-902, Idaho Code. The department may select design-build firms and award contracts for design-build projects if the board determines that the projects are o…

40-905. contracts — construction manager/general contractor. (1) The preferred contracting method of the department shall be as described in section 40-902, Idaho Code. The department may select construction manager/general contractor (CM/GC) firms and award contracts for highway…

40-913. Resolution for use of day labor — Materials or supplies purchased on the open market. After twice rejecting all bids received for the same project, the county or district commissioners may, after preparing a cost estimate and finding it to be a fact, pass a resolution dec…

40-1001. Countersigning, drawing and payment. (1) The secretary of a highway district shall countersign all drafts and warrants on the highway district treasury, and no payment of district funds shall be made except on a draft or warrant countersigned by him. He shall not counter…

40-1002. Nonpayment — Call. When any warrant is presented to the district treasurer for payment, and it is not paid for want of funds, the treasurer must indorse on the back of the warrant, "not paid for want of funds," and shall write upon it the date of presentation and sign hi…

40-1003. Notice of call. The district treasurer shall provide himself, at the expense of the district, with a bulletin board, across the top of which shall be painted or inscribed the words, "…. highway district warrant bulletin." It is the duty of the treasurer to keep the bulle…

40-1004. Notice to be mailed. Whenever there is an amount to the credit of the district fund as shown by the books of the treasurer sufficient to pay the warrant or warrants next entitled to payment, the treasurer shall immediately place in his office a notice that the warrant or…

40-1005. Interest ceases ten days after call. Interest on any warrant shall cease on the expiration of ten (10) days from the time of the posting of the notice. For all sums which may be paid by the treasurer, as interest on any warrant, after the expiration of ten (10) days from…

40-1006. Warrants bearing interest — Duties and accounts of treasurer. When the treasurer pays any warrant on which interest is due, he must note on the warrant the amount of interest paid and enter on his account the amount of the interest distinct from the principal.

40-1101. Bonds — Funding. Every highway district is granted the authority under article VIII of the Idaho constitution to issue negotiable coupon bonds for construction, improvements or repairs of any highways or structures in the district; for the purchase of material and machin…

40-1102. Security for bonds. (1) The full faith, credit, and all taxable property within the limits of a highway district, as they exist at the time of the original resolution of the respective highway district for the issuance of bonds, or may subsequently be extended, shall con…

40-1103. Levies for bonds in special tax districts — Refunding. Should any bond issue where the indebtedness has been charged in part against adjoining property be funded or refunded so that a sinking fund for the original issue is not required to be established, then the annual …

40-1104. Form of bonds — Highway district. In case a vote is in favor of charging part of the indebtedness to be created by a bond issue against adjoining land, the bonds may be issued and the proceedings shall be as provided by chapter 2, title 57, Idaho Code, except where other…

40-1105. Election — Issuance. The election and all acts and proceedings had and taken in connection by highway district commissioners in respect to bonds and the levy of ad valorem taxes for the construction, improvement or repair of highways are legalized, approved and validated…

40-1106. Bonds of county. Nothing in this chapter shall be construed as a limitation of the power of the commissioners to issue bonds for the construction or the repairs of highways and bridges. Whenever the commissioners shall issue bonds for the construction or repair of highwa…

40-1201. Interstate bridges on state highways — Maintenance and control. When interstate bridges are located on designated state highways and designated state highways of any adjoining state, the portions of bridges within the state of Idaho shall be controlled, operated and main…

40-1202. Petition for constructing — Notice of hearing. When the construction of a new bridge, for which the expenditure contemplated will exceed twenty-five thousand dollars ($25,000), five percent (5%) or twenty-five (25) qualified voters, whichever is greater, of a county high…

40-1203. Petition hearing — Duty of highway commissioners. On the day fixed to hear the petition, proof of the notice given being made satisfactory, the county or district highway commissioners shall hear the petition, examine witnesses, and determine whether or not a bridge as p…

40-1205. Bridges — Reports. The director of highways shall, in his official reports, give a full account of all bridges for which he has in whole or in part the charge and maintenance and those bridges constructed or repaired, the cost, amounts expended, from what source moneys w…

40-1206. Maximum load — Posting of notices. County or highway commissioners may limit the maximum load to be carried over and on any public bridge over which they have jurisdiction below the limit prescribed by law. In this case, the highway commissioners shall cause suitable sig…

40-1207. Traffic regulations — Posting of notices — Penalty. Directors of highways, or any other persons legally appointed to take charge of a bridge, may post a notice to set out and provide that no horse or mule-drawn vehicle, nor a person riding a horse or mule shall travel ac…

40-1301. Districts as now organized validated. All highway districts as now organized and constituted are hereby validated and shall continue as public corporations.

40-1302. County division or change in boundaries — Joint highway district formed. When a county division or change in the boundaries of a county divides an existing highway district the district shall continue as a joint highway district until changed as provided by this title. I…

40-1303. Highway commissioners — Appointment — Oath. There shall be three (3) highway commissioners in each district. The first highway commissioners of the highway district organized under the provisions of this chapter shall be appointed by the governor. It shall be the duty of…

40-1304. Division of districts into subdistricts — Vacancy in office of highway commissioner. (1) At the meeting of the county commissioners at which the highway district is declared organized, the commissioners shall divide the highway district into three (3) subdistricts, as ne…

40-1305. Election of highway commissioners — Term of office. (1) On the third Tuesday of May of the next odd-numbered year following the appointment of the first highway district commissioners, commissioners from subdistricts one and two shall be elected for a term of two (2) yea…

40-1305A. Election administration. Highway district elections shall be conducted in accordance with the general laws of the state, including the provisions of chapter 14, title 34, Idaho Code. The county commissioners shall select polling places and the county clerk shall appoint…

40-1305B. BOARD OF COMMISSIONERS — ONE NOMINATION — NO ELECTION. In any election for a highway district commissioner, if after the deadline for filing a declaration of intent as a write-in candidate, it appears that only one (1) qualified candidate has been nominated for a subdis…

40-1305C. Declaration of candidacy — Qualifications. (1) Candidates for election as a highway district commissioner shall be nominated by nominating petitions, each of which shall bear the name of the nominee, the subdistrict for which the nomination is made, the term for which n…

40-1306. Organization of highway commissioners — Meetings — Officers — Official bonds. (1) Immediately after qualifying and appointment and after a highway district commissioner election and the newly elected commissioners take office, the highway commissioners shall meet and org…

40-1306C. Highway district records — Open to the public. All records of the highway district are open to the public, except as provided by law. With respect to highway district records, chapter 1, title 74, Idaho Code, provides definitions, procedure for the right to examine, req…

40-1307. Highway districts are bodies corporate. Every highway district organized as provided by law is a body politic and corporate, and as such has the power specified in this chapter and in other statutes, including the power of eminent domain, and powers as necessarily implie…