43-2504. INITIATION OF ORGANIZATION OF LOCAL IMPROVEMENT DISTRICT. The organization of any local improvement district herein provided for may be initiated upon a petition signed by not less than sixty percent (60%) of the owners of property subject to assessment within such local improvement district, or by resolution of the board adopted by an affirmative vote of a majority of the members of the full board at a regular or special meeting thereof. The terms of a petition shall include a description of the boundaries of a proposed local improvement district, the improvements to be made and the property to be assessed.
The board may, in its discretion, authorize a preliminary study to determine the feasibility and costs and expenses of a proposed local improvement district and pay for such study out of the general fund of the district. In the event the local improvement district is formed, the cost of the study may be included in the cost of the local improvement district and added to the assessment roll. In the event the local improvement district is not formed, for any reason, the board may authorize the cost of the study to be added to the general assessment rolls of the district as to the property within the proposed local improvement district.
In the alternative, the board may, in its discretion, as a condition of the board proceeding further with the formation of the local improvement district, require the petitioners to provide to the district a deposit in an amount determined in the board’s discretion to pay for a preliminary study of the proposed local improvement district to determine the feasibility and costs and expenses of the project.
The petition shall include an acknowledgment by the petitioners that the district may require the petitioners to provide to the district a deposit in an amount determined in the board’s discretion to pay for a preliminary study or that the board may, in its discretion, authorize the cost of the study to be paid out of the general fund of the district, with the cost of the study to be included in the cost of the local improvement district and added to the assessment roll if one is formed or to be added to the general assessment rolls of the district as to the property within the proposed local improvement district if the local improvement district is not formed.
History:
[43-2504, added 1993, ch. 407, sec. 1, p. 1477; am. 2008, ch. 301, sec. 1, p. 838.]
Structure Idaho Code
Title 43 - IRRIGATION DISTRICTS
Chapter 25 - LOCAL IMPROVEMENT DISTRICTS
Section 43-2501 - SHORT TITLE.
Section 43-2502 - DEFINITIONS.
Section 43-2503 - POWERS CONFERRED.
Section 43-2504 - INITIATION OF ORGANIZATION OF LOCAL IMPROVEMENT DISTRICT.
Section 43-2505 - RESOLUTION OF INTENTION TO CREATE DISTRICT.
Section 43-2506 - NOTICE OF INTENTION AND HEARING.
Section 43-2507 - PROTESTS AND HEARINGS.
Section 43-2509 - LIMITATION ON ASSESSMENTS AGAINST PROPERTY.
Section 43-2510 - PREPARATION OF ASSESSMENT ROLL AND NOTICE OF HEARING THEREON.
Section 43-2511 - NOTICE OF HEARING ON ASSESSMENT ROLL.
Section 43-2512 - HEARING OBJECTIONS TO ASSESSMENT ROLL AND CONFIRMATION.
Section 43-2513 - CONFIRMATION OF ASSESSMENT ROLL.
Section 43-2514 - NOTICE AND PAYMENT OF ASSESSMENTS.
Section 43-2515 - INSTALLMENT DOCKET.
Section 43-2516 - APPEAL PROCEDURE — EXCLUSIVE REMEDY.
Section 43-2517 - ADDITIONAL IMPROVEMENTS.
Section 43-2518 - REASSESSMENT OF BENEFITS.
Section 43-2519 - LIEN OF ASSESSMENT — FORECLOSURE.
Section 43-2520 - SEGREGATION OF ASSESSMENTS.
Section 43-2521 - BONDS — REGISTERED WARRANTS — INTERIM WARRANTS — ELECTION NOT REQUIRED.
Section 43-2522 - LIABILITY OF DISTRICT.
Section 43-2523 - BOND AND INTEREST FUNDS.
Section 43-2524 - REISSUE OF BONDS.
Section 43-2525 - RIGHTS AGAINST ASSESSMENTS.
Section 43-2526 - PUBLICATION AND CONCLUSIVENESS OF PROCEEDINGS.
Section 43-2527 - CONSOLIDATED LOCAL IMPROVEMENT DISTRICTS AUTHORIZED.
Section 43-2528 - DELINQUENT INSTALLMENTS.
Section 43-2529 - DELINQUENT CERTIFICATES.
Section 43-2530 - DELINQUENT CERTIFICATE REGISTER.
Section 43-2531 - ASSIGNMENT OF DELINQUENT CERTIFICATES.
Section 43-2532 - FORM OF ASSIGNMENT — ASSIGNMENT BY PURCHASER.
Section 43-2535 - NOTICE OF EXPIRATION OF TIME OF REDEMPTION.
Section 43-2536 - PROOF OF NOTICE.
Section 43-2537 - EFFECT OF DEED AS EVIDENCE.
Section 43-2538 - DELINQUENCY CERTIFICATE FOR SUBSEQUENT INSTALLMENTS.
Section 43-2539 - FEES OF TREASURER.
Section 43-2540 - SUIT TO QUIET TITLE.
Section 43-2541 - SALE OF PROPERTY DEEDED TO DISTRICT.
Section 43-2542 - SALE OF PROPERTY AFTER MATURITY OF BONDS.
Section 43-2543 - DISPOSITION OF FUNDS.
Section 43-2544 - DELINQUENT CERTIFICATE NOT ASSIGNABLE DURING PENDENCY OF ACTION.
Section 43-2545 - DUTIES OF OFFICERS.
Section 43-2546 - LOCAL IMPROVEMENT GUARANTEE FUND — CREATION OF FUND.
Section 43-2549 - MAINTENANCE AND OPERATION AND SOURCES OF FUND.
Section 43-2550 - REPLENISHMENT OF FUND — WARRANTS — ISSUANCE AGAINST FUND — TAX LEVY.
Section 43-2551 - BONDS AND WARRANTS — REVENUES FROM WHICH PAYABLE.
Section 43-2552 - BONDS PAYABLE FROM FUND.