50-3101. PURPOSE, RELATIONSHIP WITH OTHER LAWS AND SHORT TITLE. (1) The purpose of this chapter is: (a) To encourage the funding and construction of regional community infrastructure in advance of actual developmental growth that creates the need for such additional infrastructure; (b) To provide a means for the advance payment of development impact fees established […]
50-3102. DEFINITIONS. As used in this chapter, the following terms shall have the meanings as stated: (1) "Assessment area" means real property within the boundaries of a community infrastructure district that is the subject of a specific special assessment as set forth in this chapter. (2) "Community infrastructure" means improvements that have a substantial nexus […]
50-3103. CREATION OF DISTRICT. (1) The process for the creation and organization of a community infrastructure district shall be initiated by a petition signed by not less than two-thirds (2/3) of the district residents or by all of the owners of all the lands located in the proposed district. The petition shall be filed with […]
50-3104. DISTRICT ORGANIZATION. (1) If the petition for formation of the district is granted, the district shall comply with the filing and recording requirements of section 63-215, Idaho Code, and shall also cause a copy of the applicable resolution to be delivered to the county assessor of each county in which the district is located, […]
50-3105. DISTRICT POWERS. (1) A district formed pursuant to this chapter, although a political subdivision of this state, is not a governmental entity of general purposes and powers, but is a special limited purposes district, with powers only as permitted under this chapter, which powers include the power to finance community infrastructure consistent with the […]
50-3106. CHANGE IN DISTRICT BOUNDARIES — AMEND GENERAL PLAN. (1) After district formation, an area may be deleted from the district only following notice and hearing in the manner prescribed for the formation hearing, adoption of a resolution of intention to do so by the district board, and by voter approval by the qualified electors […]
50-3107. FINANCES. (1) Only community infrastructure to be publicly owned by this state or a political subdivision thereof may be financed pursuant to this chapter. (2) Community infrastructure to be financed or acquired, or publicly or privately constructed pursuant to this chapter shall be subject to the required bidding procedures for any Idaho public agency. […]
50-3108. GENERAL OBLIGATION BONDS — ELECTION — MAXIMUM INDEBTEDNESS ALLOWED — LEVY. (1) After district formation, whenever the district board shall deem it advisable to issue general obligation bonds of the district, the district board shall provide therefor by resolution, which resolution shall specify and set forth the community infrastructure and other costs and expenses […]
50-3109. SPECIAL ASSESSMENTS — BONDS. (1) After district formation, upon the submission of a petition signed by no fewer than two-thirds (0.6667) of the owners of all the lands located in a proposed assessment area, the district board shall adopt a resolution ordering that a hearing be held to determine whether a special assessment should […]
50-3110. REVENUE BONDS — ELECTION. (1) Subject to section 3, article VIII, of the constitution of the state of Idaho, after district formation, whenever the district board shall deem it advisable to issue revenue bonds of the district, the district board shall provide therefor by resolution, which resolution shall specify and set forth the community […]
50-3111. TERMS OF BONDS. For any bonds issued under this chapter, the district board shall prescribe the denominations of the bonds, the principal amount of each issue and the form of the bonds and shall establish the maturities, which shall not exceed thirty (30) years, interest payment dates and interest rates, whether fixed or variable, […]
50-3112. NOTICE AND CONDUCT OF ELECTION. (1) Any election pursuant to this chapter shall be a nonpartisan election, and in regard to election dates, shall be held in compliance with section 34-106, Idaho Code, or section 50-405, Idaho Code. Except as otherwise specifically set forth in this section, the district board shall cause the election […]
50-3113. COST OF ADMINISTRATION. Each year, prior to the time for the certification required under section 50-3114, Idaho Code, the district board may levy a tax upon all taxable real property within the district of up to one-hundredth of one percent (.01%) of the market value for assessment purposes on all taxable real property within […]
50-3114. ANNUAL FINANCIAL STATEMENTS AND ESTIMATES — ANNUAL BUDGET — CERTIFICATION. (1) When levying property taxes or imposing special assessments, and prior to certification of same to the county commissioners, the district board shall make annual statements and estimates of the administrative expenses of the district, the costs of community infrastructure to be financed by […]
50-3115. DISCLOSURE. (1) The district board shall record with the county clerk in each county in which the district is located, upon the records of each parcel of real property within the district that will be encumbered with any future general obligation bond or special assessment bond repayment liability, a notice setting forth: (a) The […]
50-3116. DISSOLUTION OF DISTRICT. (1) The district shall be dissolved by the district board by a resolution of the district board upon a determination that each of the following conditions exist: (a) All community infrastructure owned by the district has been, or provision has been made for all community infrastructure to be conveyed, either to […]
50-3117. EXEMPTIONS AND EXCLUSIONS. (1) All public utilities, as defined in section 61-129, Idaho Code, shall be exempt from taxation under this chapter. (2) No railroad right-of-way may be included within a community infrastructure district without the consent of the railroad. (3) No personal property within a community infrastructure district shall be subject to taxation […]
50-3118. LIMITATION OF LIABILITY. Neither any member of the district board nor any person acting on behalf of the district, while acting within the scope of his or her authority, shall be subject to any personal liability for any action taken or omitted within that scope of authority. History: [50-3118, added 2008, ch. 410, sec. […]
50-3119. APPEAL — EXCLUSIVE REMEDY — CONCLUSIVENESS. Any person in interest who feels aggrieved by the final decision of a governing body or a district board in the formation or governing of a district, including, with respect to any tax levy, special assessment or bond, may, within sixty (60) days after such final decision, seek […]
50-3120. CONSISTENCY WITH STATE LAW. (1) A community infrastructure district shall develop community infrastructure consistent with the general plan and in compliance with the requirements of chapter 13, title 50, Idaho Code, and chapter 65, title 67, Idaho Code. (2) A community infrastructure district shall be deemed to be of the same nature and afforded […]
