Title 50, MUNICIPAL CORPORATIONS

50-2307. Existing rights not affected. Any city organized under the provision of section 50-2301 through 50-2308 shall for all purposes be deemed and taken to be, in law, the identical corporation theretofore incorporated and existing under the special charter or general incorpor…

50-2308. Election of officers. If a majority of the votes cast shall be in favor of the city becoming organized under the general laws of the state of Idaho, the next general city election succeeding the issuance of said proclamation by the governor shall in all respects be condu…

50-2501. Short title. This act shall be known and cited as the "Idaho Underground Conversion of Utilities Law."

50-2502. Definitions. As used in this chapter, the following words and phrases and any variations thereof shall have the following meaning: (1) "Communication service" means the transmission of intelligence by electrical means, including, but not limited to telephone, telegraph, …

50-2503. Powers conferred. The governing body of every county is hereby authorized and empowered to create local improvement districts under this chapter within the unincorporated portion of such county, and the governing body of every city is hereby authorized and empowered to c…

50-2504. Basis of assessments. Whenever any improvement authorized to be made by any governing body by the terms of this chapter is ordered, the governing body shall provide for the apportionment of the cost and expenses thereof as in their judgment may be fair and equitable in c…

50-2505. Resolution for cost and feasibility study. Any governing body may on its own initiative, or upon a petition signed by at least sixty per cent (60%) of the resident owners of property subject to assessment within such proposed improvement district requesting the creation …

50-2506. Costs and feasibility report. The public utility or utilities report shall set forth an estimate of the total costs of extension or conversion. The report shall also contain the public utility’s recommendations concerning the feasibility of the project for the district p…

50-2507. Resolution declaring intention to create district. On the filing with the clerk or any governing body of the cost and feasibility report by the public utility, as hereinbefore provided, and after considering the same, the governing body may, at any regular or special mee…

50-2508. Notice of resolution and hearing on protests — Contents. Following the passage of the resolution in section 50-2507, the governing body shall cause notice of the resolution and a hearing on any protests to the proposed improvement and any requests for inclusion in the di…

50-2509. Filing and hearing of protests and requests for inclusion. At any time within the time specified in the notice, any owner of property liable to be assessed for said work may make written protest against the making of such improvement, or the creation of such district, or…

50-2510. Changes in proposed improvements or in area of district — Ordinance creating improvement district. After the hearing has been concluded, and after all the protests and requests have been considered, the governing body may make such changes in the proposed improvements or…

50-2511. Waiver of objections. Every person who has real property within the boundaries of the district and who fails to submit a written protest in accordance with section 50-2509 shall be deemed to have waived any objections to the creation of the district, the making of the im…

50-2512. Notice of hearing on objections to proposed assessments. After the preparation of the aforesaid ordinance, notice of a hearing on objections to the proposed assessments shall be given. Such notice shall be given in the same manner as provided under section 50-1713, Idaho…

50-2513. Incorporation of assessment and bonding provisions from chapter 17, title 50, Idaho Code. The following sections of chapter 17, title 50, Idaho Code, are specifically incorporated herein by this reference as though set out here at length, and any amendments to said secti…

50-2514. Civil actions — Incorporation of sections 50-1725 through 50-1727, inclusive — Statute of limitations. Sections 50-1725 through 50-1727, inclusive, Idaho Code, are incorporated herein by this reference as though set out at length herein. Without changing the intent or ef…

50-2515. Costs. In determining costs for an extension or conversion included in the cost and feasibility report required by section 50-2506, Idaho Code, the public utility shall be entitled to amounts included in applicable tariffs, rules or regulations filed with or promulgated …

50-2516. Construction of and title to extended or converted facilities. The public utility concerned shall be responsible for all construction work and may contract out such of the construction work as it deems desirable. Title to the extended or converted facilities shall be at …

50-2517. Underground distribution extension or conversion costs and service connections. The public utility performing the underground distribution extension or conversion shall, at the expense of the property owner, convert to underground all electric and communication service f…

50-2518. Payment to public utility — Refunds. Upon completion of the extension or conversion contemplated by this chapter, the public utility shall present the governing body with its verified bill for extension or conversion costs as computed pursuant to section 50-2515, Idaho C…

50-2519. Reinstallation of overhead facilities not permitted. Once removed pursuant to this chapter, no overhead electric or communication facilities as defined herein, shall be installed within the boundaries of the local improvement district for conversion of overhead electric …

50-2520. No limitation of public utilities commission’s jurisdiction. Nothing contained in this chapter shall vest any jurisdiction over public utilities in the governing bodies. The public utilities commission of Idaho shall retain all jurisdiction now or hereafter conferred upo…

50-2521. Reassessment of benefits. In all cases of assessments for improvements under this chapter against any property, persons or corporations whatsoever, wherein said assessments have failed to be valid in whole or in part for want of form or sufficiency, informality, irregula…

50-2522. Invalidity of one provision not to affect others — Exception. If any section or provision of this chapter be adjudged unconstitutional or invalid for any reason, such adjudication shall not affect the validity of this chapter as a whole, or of any section or provision he…

50-2523. Abatement of construction. If an improvement district is established pursuant to this chapter, the public utility corporations involved shall not be required to commence conversion until the ordinance, the assessment roll and issuance of bonds have become final and no ci…

50-2601. Authorization — Purposes — Special assessments. The legislature hereby authorizes all incorporated cities: (1) To establish business improvement districts, hereafter referred to as district or districts, for the following purposes: (a) The acquisition, construction or ma…

50-2602. Definitions. As used in this chapter: (1) "Business" means all types of business, including vacant structures, common areas, and lots within the district, and including professions. (2) "Legislative authority" means the legislative authority of any city.

50-2603. Initiation petition — Contents. For the purpose of establishing a business improvement district, an initiation petition may be presented to the legislative authority having jurisdiction of the area in which the proposed business improvement district is to be located. The…

50-2604. Resolution of intention to establish — Contents — Hearing. The legislative authority, after receiving a valid initiation petition, shall adopt a resolution of intention to establish a district. The resolution shall state the time and place of a hearing to be held by the …

50-2605. Notice of hearing. Notice of a hearing held under the provisions of this chapter shall be given by: (1) One (1) publication of the resolution of intention in a newspaper of general circulation in the city; and (2) Mailing a complete copy of the resolution of intention to…

50-2606. Hearings. Whenever a hearing is held under this chapter, the legislative authority shall hear all protests and receive evidence for or against the proposed action. The legislative authority may continue the hearing from time to time. Proceedings shall terminate if protes…

50-2607. Change of boundaries. If the legislative authority decides to change the boundaries of the proposed district, the hearing shall be continued to a time at least fifteen (15) days after such decision and notice shall be given as prescribed in section 50-2605, Idaho Code, s…

50-2608. Special assessments — Classification of businesses. For purposes of the special assessments to be imposed pursuant to this chapter, the legislative authority may make a reasonable classification of businesses, giving consideration to various factors, including the degree…

50-2609. Special assessments — Same basis or rate for classes not required — Factors as to parking facilities. The special assessments need not be imposed on different classes of business, as determined pursuant to section 50-2608, Idaho Code, on the same basis or the same rate: …

50-2610. Ordinance to establish — Adoption — Contents. If the legislative authority, following the hearing, decides to establish the proposed district, it shall adopt an ordinance to that effect. This ordinance shall contain the following information: (1) The number, date and tit…

50-2611. Use of revenue — Contracts to administer operation of district. The legislative authority of each city shall have sole discretion as to how the revenue derived from the special assessments is to be used within the scope of the purposes; however, the legislative authority…

50-2612. Use of assessment proceeds restricted. The special assessments levied hereunder must be for the purposes specified in the ordinances and the proceeds shall not be used for any other purpose.

50-2613. Collection of assessments. Collections of assessments imposed pursuant to this chapter shall be made in the manner to be determined by the concerned legislative authority.

50-2614. Changes in assessment rates. Changes may be made in the rate or additional rate of special assessment as specified in the ordinance establishing the district, by ordinance adopted after a hearing before the legislative authority. The legislative authority shall adopt a r…

50-2615. Benefit zones — Authorized — Rates. The legislative authority may, for each of the purposes set out in section 50-2601, Idaho Code, establish and modify one or more separate benefit zones based upon the degree of benefit derived from the purpose and may impose a differen…

50-2616. Benefit zones — Establishment, modification and disestablishment of district provisions and procedure to be followed. All provisions of this chapter applicable to establishment or disestablishment of a district also apply to the establishment, modification, or disestabli…

50-2617. Exemption period for new businesses. Businesses established after the creation of a district within the district shall be exempted from the special assessments imposed pursuant to this chapter from the date of first occupancy until the next billing date prescribed by the…

50-2618. Disestablishment of district — Hearing. (1) The legislative authority may disestablish a district by ordinance after a hearing before the legislative authority. The legislative authority shall adopt a resolution of intention to disestablish the district at least fifteen …

50-2619. Disestablishment of district — Assets and liabilities. Upon disestablishment of a district, any proceeds of the special assessments, or assets acquired with such proceeds, or liabilities incurred as a result of the formation of such district, shall be subject to disposit…

50-2620. Bids required — Monetary amount. Any city authorized by this chapter to establish a business improvement district shall conduct its purchasing activities in accordance with the provisions of chapter 28, title 67, Idaho Code.

50-2621. Computing cost of improvement for bid requirement. The cost of the improvement for the purposes of this chapter shall be aggregate of all amounts to be paid for the labor, materials and equipment on one (1) continuous or interrelated project where work is to be performed…