Title 50, MUNICIPAL CORPORATIONS

50-101. Incorporation. The residents of any unincorporated contiguous area (village) containing not less than 125 qualified electors may present a petition signed by a majority of the said electors to the board of commissioners of the county in which said petitioners reside, pray…

50-102. Manner of incorporating. When the provisions of section 50-101 have been satisfied and the county board or a majority of the members thereof has been satisfied that 60 per cent of the qualified electors of the proposed city have signed such petition and that qualified ele…

50-103. Census. Within 30 days following the proclamation of incorporation, the city council shall request that an official enumeration of the inhabitants of the newly incorporated city be taken by the bureau of census, U.S. department of commerce, for the purpose of ascertaining…

50-104. Proof of corporate existence. All courts within the county in which such newly incorporated city is situated shall take judicial notice of the corporate capacity and existence of such city. In all other courts of the state the corporate capacity and existence of such city…

50-201. Proof of corporate existence — Effect of this act. The corporate name of each city governed by this act shall be City of ….. All courts within the county in which such city is situated shall take judicial notice of the corporate capacity and existence of such city, and of…

50-202. Existing rights and liabilities not affected — Operation of prior incorporated cities and villages. This act shall not impair or affect any act done, offense committed or right accruing, accrued, or acquired or liability, penalty, forfeiture or punishment incurred prior t…

50-203. Officials — Compensation. The officials of each city shall consist of a mayor and either four (4) or six (6) councilmen whose compensation shall be fixed by ordinance published at least seventy-five (75) days before any general city election, which ordinance shall be effe…

50-204. Appointment of officers — Oath — Bond. The mayor, except as otherwise provided in sections 50-801 through 50-812, with the consent of the council shall appoint a city clerk, a city treasurer, a city attorney and such other officers as may be deemed necessary for the effic…

50-205. Refusal to confirm appointments — Vacancies. If the city council shall refuse to confirm any nomination, the mayor shall then within ten (10) days thereafter, nominate another person to fill the office and he may continue to nominate until his nominee is confirmed. If the…

50-206. Removal of appointive officers. Any appointive officer, unless appointed under sections 50-801 through 50-812, may be removed by the mayor for any cause by him deemed sufficient; but such removal shall be by and with the affirmative vote of one half (1/2) plus one (1) of …

50-207. Duties of the clerk — Journal — Administering oaths. The city clerk shall keep a correct journal of the proceedings of the council and shall have the custody of all laws and ordinances of the city. He may administer oaths to any person concerning any matter submitted to h…

50-208. Duties of treasurer — Record of outstanding bonds. (1) The treasurer of each city shall be the custodian of all moneys belonging to the city. He shall account for each fund or appropriation made in its annual budget appropriation or otherwise directed by the city council.…

50-208A. Duties of city attorney. (1) The city attorney shall be the legal advisor of the municipal corporation, may represent the city in all suits or proceedings in which the city is interested, and shall perform such other duties as may be prescribed by ordinances and resoluti…

50-209. Powers of policemen. The policemen of every city, should any be appointed, shall have power to arrest all offenders against the law of the state, or of the city, by day or by night, in the same manner as the sheriff or constable. Whenever such policemen shall be in fresh …

50-210. Boards — Commissions. The mayor and council shall have authority to appoint such boards, commissions and committees as may be deemed necessary or expedient to assist the mayor and council in better carrying out the responsibilities of their offices. The responsibilities, …

50-213. Official newspaper. The city council of each city shall, by ordinance, designate a newspaper within the provisions of title 60, Idaho Code, to be the official newspaper of that city. Said newspaper shall be one published within said city, or if none there be, then a newsp…

50-214. Census authorized. Any city council may provide, by resolution, for taking census or enumeration of the inhabitants thereof, and in such resolution shall provide for engaging the services of the bureau of census, U.S. department of commerce, to take said census or enumera…

50-215. Prosecutions against corporations under city ordinance. In all prosecutions of any corporation for a violation of any city ordinance or any forfeiture or penalty provided by ordinance of such city, it shall be sufficient to make the corporation in its corporate name a def…

50-216. Compelling attendance of witnesses before council. The council of any city shall have power to compel the attendance of witnesses before the mayor and council or any committee thereof in any investigation ordered by the council: provided, that all process shall be issued …

50-217. Payment of judgments. The city council shall have power to order paid any final judgment against such city, but none of its lands or property of any kind or nature, taxes, revenues, franchises, rates or interest shall be attached, levied upon or sold in or under any proce…

50-218. Prohibition against recognition of invalid or stale claims. The city council of any city shall never allow, make valid, or in any manner recognize any demand against the city, which was not at the time of its creation a valid claim against the same; nor shall it authorize…

50-219. Damage claims. All claims for damages against a city must be filed as prescribed by chapter 9, title 6, Idaho Code.

50-220. Acquisition and control of lands outside corporate limits — Purpose. Cities are hereby authorized to acquire by purchase, lease or otherwise, lands outside of their respective corporate limits and to own, control, regulate and administer lands so acquired, either directly…

50-221. Cities situated on navigable lakes and streams — Extension of boundaries into waters. Cities situated on navigable lakes and streams, when the corporate boundaries or limits of such cities extend to the shorelines of such lakes or streams, shall have power by ordinance to…

50-222. annexation by cities. (1) Legislative intent. It is the intent of the legislature to honor the right of private landowners to have a voice in their own governance, to minimize conflict between citizens and municipalities, to provide a mechanism for the orderly development…

50-223. Annexation ordinance to be filed. It shall be the duty of the clerk of any city, within ten (10) days following the effective date of any annexation ordinance: to file a certified copy of such ordinance with the county auditor, the county treasurer and the county assessor…

50-224. Effect of annexation — Cemetery districts exempted. Upon compliance with the provisions of section 63-215, Idaho Code, all the property situated within the said annexed territory shall be subject to taxation as other property and persons within the corporate limits of suc…

50-225. Exclusion of territory. The boundaries of any city in this state may be altered and a portion of the territory thereof excluded therefrom, and the councils of such cities are hereby granted power to enact ordinances for that purpose. Such alteration shall not relieve any …

50-226. Separation of agricultural lands — Petition. The owner or adjoining owners of any platted or unplatted tract or tracts of land containing not less than five (5) acres, included within the corporate limits of any city in this state and used exclusively for agricultural pur…

50-227. Separation of agricultural lands — Notice of petition and hearing thereon. Upon the filing of such petition with the clerk of such court and paying a fee of ten dollars ($10.00), which fee shall be in full for all clerk’s fees except the regular fees provided by law on th…

50-228. Separation of agricultural lands — Reply to protests — Verification. The petitioner or petitioners may, after any such petitions or objections are filed with the clerk at any time before the hour of the hearing on said petition, in their discretion, file with the judge or…

50-229. Separation of agricultural lands — Hearing. The hearing herein provided on said petition shall be held within the corporate limits of the city in which said lands sought to be detached are situated. The regular district court reporter shall reduce to writing the testimony…

50-230. Separation of agricultural lands — Judgment of separation. If, upon the hearing, the court shall find that such tract or tracts of land are tracts containing at least five (5) acres and are included within the corporate limits of such city and the lands included within su…

50-231. Separation of agricultural lands — Liability for bonded indebtedness. Such separation shall not relieve any such tract of land from its liability on account of any outstanding bonded indebtedness of such city existing at the time of its separation therefrom.

50-232. Separation of agricultural lands — Streets not affected by separation. The detaching of any lands from the corporate limits of any city under the provisions of this chapter shall not affect or change the status of any public streets or highways as the same are laid out, c…

50-233. Separation of agricultural lands — Appeal. Any city or any person aggrieved by the judgment of the court entered as herein provided may appeal from such decision and judgment to the Supreme Court. The procedure of said appeal shall be the same as the procedure on appeal f…

50-234. Lease of mining property by city. Except as otherwise provided by law, whenever it has been determined or appears probable that any property of a city has become valuable by reason of veins, lodes, or other deposits of mineral underlying said property, the corporate autho…

50-235. Tax levy for general and special purposes — rebates. (1) The city council of each city is hereby empowered to levy taxes for general revenue purposes not to exceed nine-tenths percent (.9%) of the market value for assessment purposes on all taxable property within the lim…

50-236. Capital improvement fund levy — Limitations. Cities are hereby empowered to establish a "Capital Improvements Fund", by ordinance, and levy a special tax not to exceed in the aggregate four-hundredths per cent (.04%) of market value for assessment purposes in any one (1) …

50-237. Borrow money. All cities may borrow money and pledge the credit, revenue and public property of the corporation for the payment thereof, in the manner provided by law, and to evidence the same by issuance of bonds, notes or warrants.

50-238. investigations and actions against city elected officers — duties of attorney general. (1) Notwithstanding any provision of law to the contrary, the attorney general may conduct an investigation of any allegation of a violation of state criminal law against a city officer…

50-301. Corporate and local self-government powers. Cities governed by this act shall be bodies corporate and politic; may sue and be sued; contract and be contracted with; accept grants-in-aid and gifts of property, both real and personal, in the name of the city; acquire, hold,…

50-302. Promotion of general welfare — Prescribing penalties. (1) Cities shall make all such ordinances, bylaws, rules, regulations and resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers in this act granted, to …

50-302A. Confinement in city or county jail for violating ordinance. Any person charged with or convicted of violation of a city ordinance and subject to imprisonment shall be confined in the city jail; provided, however, that any city shall have the right to use the jail of the …

50-303. Recreation and culture. Cities are hereby empowered to create, purchase, operate and maintain recreation and cultural facilities and activities within or without the city limits and regulate the same, and to levy a special tax not to exceed six hundredths percent (.06%) o…

50-304. Preservation of public health. Cities may establish a board of health and prescribe its powers and duties; pass all ordinances and make all regulations necessary to preserve the public health; prevent the introduction of contagious diseases into the city; and make quarant…

50-305. Hospitals — Maintenance. (1) Any city may acquire, in the manner provided for acquiring other property, by purchase or otherwise, hospital grounds, buildings and equipment, and clinics or other health care facilities, and maintain and operate the same and to provide by ge…

50-306. Public carriers. Cities shall have authority to regulate by ordinance and prescribe rules relating to levies, crossings, grounds, facilities for storing freight and goods, and the running of trains and public carriers within the limits of said city.

50-307. License occupations and businesses. Cities shall have authority to levy and collect a license fee on any occupation or business within the limits of the city and to regulate the same by ordinance. All such fees shall be uniform in respect to the classes upon which they ar…

50-308. Maintenance of peace — Licensing and regulating amusements. Cities shall have power: to prevent and restrain riots, routs, noises, disturbances or disorderly assemblies; to arrest, regulate, punish, fine or set at work on the streets or elsewhere, vagrants or persons foun…