Title 50, MUNICIPAL CORPORATIONS

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…

50-1763. Bonds, warrants and coupons, when paid out of fund — Nonpayment for want of funds — Interest. Whenever any municipality has established such "Local Improvement Guarantee Fund," any bond, warrant or coupon drawn against any local improvement fund is presented to the munic…

50-1764. Subrogation of municipality to rights of payee — Surplus funds — Payment into fund — Preferences. Whenever there shall be paid out of the "Local Improvement Guarantee Fund," any sum on account of principal or interest of a local improvement fund or warrant, the municipal…

50-1765. Maintenance and operation and sources of fund. The council shall prescribe rules and regulations for the maintenance and operation of the guarantee fund not inconsistent herewith. After the creation of such fund, all money derived from the assignment of delinquency certi…

50-1766. Replenishment of fund — Warrants — Issuance against fund — Tax levy. Whenever there is not a sufficient amount of cash in said "Local Improvement Guarantee Fund," at any time to pay any and all warrants, together with interest thereon, drawn against said fund, the counci…

50-1767. Bonds and warrants — Revenues from which payable. The holder or owner of any local improvement bond or warrant shall have no claim thereon against the municipality by which the same is issued, except to the extent of the funds created and received by assessments against …

50-1768. Bonds payable from fund. Whenever a municipality has created a "Local Improvement Guarantee Fund," under the provisions of any local improvement district bonds issued thereafter shall provide that the principal sum of such funds and the interest thereon shall be payable …

50-1769. Excess in fund — Disposition. When a "Local Improvement Guarantee Fund" duly created in any municipality exceeds in amount of moneys held therein ten per cent (10%) of the total outstanding obligations thereby guaranteed, then the council, may, by ordinance, authorize th…

50-1770. Unpatented lands — Assessment for improvements. Whenever any of the public lands are embraced within the boundaries of any city of this state, and the city authorities deem it necessary that a sewer system, street improvements or other public improvements of any kind, au…

50-1771. Reserve fund authorized. For the purpose of securing the payment of the principal of and interest on an issue of local improvement bonds, notes, warrants, or other short-term obligations, the council or other governing body of a governmental entity may create a reserve f…

50-1772. Commercially reasonable credit assurances. If requested by the petitioners for a local improvement district, and in addition to or in lieu of a reserve or guarantee requirement, the council or other governing body of a governmental entity may impose such commercially rea…

50-1801. City irrigation system authorized. Any city within the state of Idaho is hereby authorized, in the whole or part of the city to establish a city irrigation system and to extend the boundaries within which it will supply and deliver irrigation water; to acquire by purchas…

50-1802. City control — Petition. Every city in the state of Idaho shall have the power by and through its council, upon a petition signed by a majority of the owners or representatives of owners of real property within any city receiving water by distribution from any ditch or c…

50-1803. Assignment of water stock to city. Where the inhabitants of a city own stock in irrigation or canal companies supplying them with irrigation water for use therein, and desire to receive the benefit of the provisions of sections 50-1801 through 50-1835, it shall be necess…

50-1804. City water certificate. In lieu of such stock so assigned to such city, it shall issue to such assignors a city water certificate, showing such assignor to be entitled to all the water to which he was originally entitled under the certificates shall be signed by the mayo…

50-1805. Contracts for distribution of water, collection and remission of irrigation district assessments. Every city incorporated under the laws of the state of Idaho shall have the power to enter into a contract in writing with an irrigation district organized or hereafter orga…

50-1805A. Pooling of water rights for delivery — Uniform method of allocation of assessments and charges — Allocation and accounting for bonded or contract indebtedness. Except where a landowner makes a timely written demand for delivery of water in accordance with the water righ…

50-1806. Apportionment of costs. To defray the expense of conveying, controlling, distributing and apportioning such irrigation water as herein provided, the city may assess and apportion the cost thereof against the several water user or landowners using the same, according to t…

50-1807. Levying of annual assessments to defray operating and maintenance costs. The clerk of such city which shall acquire and operate a city irrigation system under sections 50-1801 through 50-1835, Idaho Code, shall act as the assessor of such irrigation system and shall, on …

50-1808. Issuance of coupon bonds. Every city shall have power and authority to issue coupon bonds in a sufficient amount to acquire by purchase, contract, eminent domain or otherwise, and to construct, improve, enlarge, alter and extend irrigation water, waterworks and an irriga…

50-1809. Control of ditches. To fully carry into effect the purposes of sections 50-1801 through 50-1835 every city shall have power to construct, enlarge, diminish, alter or change all irrigation ditches, aqueducts, pipelines, flumes, canals or laterals within its corporate limi…

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,…

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…

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…

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 50-1801 through 50-1835, against…