Title 40 — HIGHWAYS AND BRIDGES

40-1308. Power to levy taxes for comprehensive insurance, prosecuting and defending actions, judgments and liabilities. Every highway district has the power to levy and collect taxes as necessary to: (1) Pay for a comprehensive insurance plan as provided in section 6-927, Idaho C…

40-1309. Corporate powers of highway districts. Each highway district has power: (1) To sue and be sued. (2) To purchase and hold lands, make contracts, purchase and hold personal or real property as may be necessary or convenient for the purposes of this chapter, and to sell and…

40-1310. Powers and duties of highway district commissioners. (1) The commissioners of a highway district have exclusive general supervision and jurisdiction over all highways and public rights-of-way within their highway system, with full power to construct, maintain, repair, ac…

40-1311. Jurisdiction of highway district commissioners. In respect to all highways included within a highway district highway system, the power and jurisdiction of the highway district shall be inclusive. The highway district commissioners shall keep the highways in their system…

40-1312. Grant of powers to be liberally construed. The grant of powers provided in this chapter to highway districts and to their officers and agents, shall be liberally construed, as a broad and general grant of powers, to the end that the control and administration of the dist…

40-1313. District has legal title to property. The legal title to all property acquired under the provisions of this chapter shall immediately, and by operation of law, vest in the highway district, and shall be held by the district in trust for, and is dedicated and set apart to…

40-1314. Compensation of highway district commissioners, officers, agents and employees. (1) It shall be the duty of the board of highway district commissioners of each highway district to fix the annual salaries of the highway district commissioners commencing on October 1 and f…

40-1315. Cost of highways — Equitable division among benefited districts. (1) In the laying out, alteration, construction, maintenance, repair or improvement of any highway or portion of it, within a county and not included within a highway district in a county which would also b…

40-1316. Annual report of highway district. (1) On or before the first day of January in each year, the highway district shall make a report of the condition of the work, construction, maintenance and repair of all the highways within the district on the first day of October, acc…

40-1317. Annual financial statement of district — Audit. (1) On or before the first day of January of each year, the highway district shall make and file in its office a full, true and correct statement of the financial condition of the highway district on the first day of Octobe…

40-1319. Director of highways — Appointment — Qualifications — Oath. As soon as possible after the organization of a highway district, the highway district commissioners may appoint a director of highways. If a director of highways is not appointed his duties shall devolve upon t…

40-1320. Directors of highways — Deputy directors — Appointment — Duties. The director may appoint, subject to confirmation and approval of the highway commissioners, one (1) deputy director for each subdistrict and as many additional deputy directors as the highway commissioners…

40-1322. Creation of local improvement districts. Highway districts are empowered to create local improvement districts for construction, reconstruction and maintenance of highways and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads and retaining walls …

40-1323. Cities included in highway districts — Powers and duties of city council. (1) If any highway district shall include within its boundaries any incorporated city, or any portion of a city, the power of taxation on the part of the highway district as to ad valorem taxes, an…

40-1324. Jurisdiction over included territory. When a highway district is organized under the provisions of this chapter, it shall, except as otherwise provided, supersede all other highway districts or parts of districts within the limits of the highway district, and upon the or…

40-1325. Adoption of budget — Public hearing. Highway district commissioners shall, prior to certifying a property tax levy to the commissioners and a county assessor, as provided in subsections (1) and (3) of section 63-803, Idaho Code, adopt a budget and cause a public hearing …

40-1326. Notice of budget hearing. Notice of the budget hearing meeting shall be posted at least ten (10) full days prior to the date of the meeting in at least one (1) conspicuous place in each highway district and a copy of the notice shall also be published in accordance with …

40-1327. Public inspection of budget. The budget shall be available for public inspection from and after the date of the posting of notice of hearing at a place and during business hours as the highway commissioners may direct.

40-1328. Quorum of highway commissioners at budget hearing — Objections. A quorum of the highway commissioners shall attend the hearing and explain the proposed budget and hear any and all objections to it.

40-1330. Fiscal year. The fiscal year of the highway district shall commence on the first day of October of each year.

40-1333. Cities — Highway responsibility. Cities, with city highway systems, shall be responsible for the construction, reconstruction and maintenance of highways in their respective city systems, except as provided in section 40-607, Idaho Code. Cities may make agreements with a…

40-1335. Standards for curb construction — Curb ramps for people with physical disabilities. (1) The standard for construction of curbs on each side of any city highway, or any connecting highway for which curbs and sidewalks have been prescribed by the appropriate governing body…

40-1336. Record books to be kept. The highway district board of commissioners must cause to be kept permanently and indefinitely: (1) A minute book, in which must be recorded all orders and decisions made by them, and the proceedings at all regular and special meetings. (2) An al…

40-1337. Classification and retention of records. (1) Highway district records shall be classified as follows: (a) "Permanent records" shall consist of, but not be limited to, the following: proceedings of the governing body, ordinances, resolutions, bond register, warrant regist…

40-1337A. PHOTOGRAPHIC OR DIGITAL STORAGE AND USE OF HIGHWAY DISTRICT RECORDS. (1) A highway district official may reproduce and retain documents in a photographic, digital or other nonpaper medium. The medium in which a document is retained shall accurately reproduce the documen…

40-1401. Election to establish district. Any county may, at the discretion of the commissioners, or shall, upon a request in writing from ten percent (10%) or more of the qualified electors residing in each of the county commissioner subdistricts, hold an election at which the fo…

40-1403. Rejection of plan — Intervals for new elections. In any county where the question fails of adoption, another election may be called and held by the submission of petitions, but any subsequent election shall be held not oftener than two (2) years after the holding of any …

40-1404. Appointment of first highway district commissioners in certain countywide highway districts — Subdistricts — Elections, terms and salaries of commissioners. For counties with a population of two hundred thousand (200,000) persons or less, if there is a majority affirmati…

40-1404A. Elections, terms and salaries of commissioners in certain countywide highway districts. In countywide highway districts located in a county with a population of more than two hundred thousand (200,000) persons in which the voters have chosen to establish a countywide hi…

40-1404B. vacancies — filling A MID-TERM vacancy. (1) Any vacancy occurring on the highway district board, other than by expiration of the term of office, shall be determined by the remaining highway district board using the criteria established in section 59-901, Idaho Code. (2)…

40-1405. Organization of district — Officers — Official bonds. (1) Immediately after appointment, the county-wide highway district commissioners shall meet and organize, elect a chairman from their number, and appoint a secretary and treasurer who may also be from their number, f…

40-1406. Powers and duties of highway commissioners — One highway district in county — Highway powers of cities in county abolished — Laws in conflict superseded. The highway commissioners of a county-wide highway district shall exercise all of the powers and duties provided in c…

40-1406A. Summarization of ordinances permitted — Requirements. (1) In lieu of publishing the entire ordinance under section 40-1406, Idaho Code, the highway district may publish a summary of the ordinance, which summary shall be approved by the governing body and which shall inc…

40-1407. Dissolution of existing districts or systems — Transfer of funds. In any county where the electorate adopts a county-wide highway district under the provisions of this chapter and at the time of reorganization of the district, city highway systems, highway districts, and…

40-1408. Expense of notices and dissolution proceedings. The expense of all notices and proceedings in relation to the dissolution of a city highway system, highway district and/or county highway system shall be chargeable to and borne by each respective city highway system, high…

40-1409. Expenses of election. In all counties where elections are held under the provisions of this chapter, county commissioners shall pay expenses of the elections from the election fund of the county.

40-1410. Existing systems and districts — Transfer — Liability. (1) When a county-wide highway district has been adopted, all city highway systems, highway districts and county highway departments shall prepare an inventory and financial statement and file the statement with the …

40-1411. Apportionment of funds to pay debts of dissolved districts. Each year after its dissolution and until all indebtedness, including outstanding warrants of a dissolved system or district shall have been fully paid, it shall be the duty of the succeeding county-wide highway…

40-1412. Control of bridges and highways in dissolved systems and districts — Sidewalks — Special assessments. (1) After the dissolution of any county highway system, city highway system or highway district, the county-wide highway district of the county in which the dissolved sy…

40-1413. Balance of funds of dissolved system or district — Disposition — No funds to city. (1) After final payment of all expenses of proceedings and of all legal claims, liabilities, bonded and other indebtedness in relation to dissolution of a dissolved system or district, and…

40-1414. Creation of local improvement districts. In addition to the powers granted to county-wide highway districts under the provisions of this chapter, the districts are empowered to create local improvement districts for construction, reconstruction and maintenance of highway…

40-1415. Responsibilities of single countywide highway districts within cities — Final decision on urban renewal projects — Settlement of questions. (1) Countywide highway districts organized under the provisions of this chapter, within the limits of any city, shall be responsibl…

40-1416. Authorization for voters to approve vehicle registration fee. (1) Notwithstanding the provisions of section 49-207, Idaho Code, the voters of any county in which a countywide highway district is organized pursuant to chapter 14, title 40, Idaho Code, may authorize the co…

40-1418. Proceedings for dissolution of existing single countywide highway district. All proceedings for the dissolution of single countywide highway districts shall be initiated by a petition of ten percent (10%) or more of the qualified electors residing in each of the county c…

40-1501. Highway districts — Consolidation — Effect of consolidation. Any highway district within the state, whether the same are situated entirely within the boundaries of any one (1) county or within two (2) or more adjoining counties, may be consolidated with any adjoining hig…

40-1502. Petitions for consolidation. (1) Whenever electors of two (2) or more existing adjoining highway districts desire to consolidate those districts, a petition from each of the districts for consolidation, signed by five percent (5%) or twenty-five (25) electors, whichever …

40-1503. Order for hearing — Notice. The commissioners of the counties concerned, shall at the earliest possible date, meet at a time and place as shall be agreed upon by them, and at the meeting shall, by order, entered in the minutes of the commissioners of each of the counties…

40-1504. Publication of notice. The clerk of commissioners of each of the counties concerned shall cause to be published a copy of notice as provided by section 40-206, Idaho Code.

40-1505. Hearing — Order for election — Consolidation, when defeated. At the time and place specified in the notice, the county commissioners shall proceed to consider the petition and all written and oral objections, and shall hear all qualified persons in relation to it. Upon c…

40-1506. Polling places — Election officers. The commissioners of each county concerned shall meet within thirty (30) days, in either special or regular session and, by order, enter in their minutes and designate the polling places in each of the concerned highway districts situa…