43-330B. CONTRACT PROVISIONS. Any contract entered into under the authority of section 43-330A, Idaho Code, shall include the following provisions:
(1) An apportionment of the cost of the construction of the distribution system against the parcel or against the tract or tracts which are included in the contract;
(2) The cost of construction of the distribution system shall constitute a lien against the parcel, tract or tracts included in the contract, to secure payment of any portion of the cost of construction that is not paid upon completion of construction by the owner or owners, or by a third party on their behalf, and securing payment of interest on any deferred installments of the construction costs;
(3) A schedule of annual installment payments, with accrued interest, for the portion, if any, of the construction costs that are not paid upon completion of construction;
(4) The annual installment payment against the parcel or against the tract or tracts included in the contract shall be included in the annual assessments levied by the district against the parcel, tract or tracts and any such assessment and its levy and collection shall be, as nearly as practicable, in accordance with the assessment, levy and collection of other assessments levied upon lands in the district;
(5) The deferred annual installment payments of principal and accrued interest may be prepaid in whole or in part at any time without penalty, but any prepayment of principal shall not be less that [than] one-half (1/2) the amount of the annual installment payment of principal next coming due, but the prepayment privilege authorized in this subsection shall not be applicable where the construction costs have been financed through a local improvement district;
(6) If the district has constructed or proposes to construct a pumping station and pipeline to serve the parcel, tract or tracts included in the contract and other lands, the cost of the pumping station and pipeline shall be apportioned by the board to all lands which are planned to be served by the pumping station, so that each acre of irrigable land to be served by the pumping station shall be assessed and required to pay the same amount;
(7) A grant of an easement to the district for the installation, operation, maintenance, repair and replacement of the portion of the distribution system located on the parcel, tract or tracts included in the contract. The easement shall be of sufficient width to allow construction, installation, operation, maintenance, repair and replacement by the use of ordinary mechanized equipment designed to perform those functions.
History:
[43-330B, added 1993, ch. 261, sec. 1, p. 892.]
Structure Idaho Code
Title 43 - IRRIGATION DISTRICTS
Chapter 3 - POWERS AND DUTIES OF BOARD OF DIRECTORS
Section 43-301 - ELECTION OF OFFICERS.
Section 43-302 - OFFICE OF BOARD.
Section 43-303 - MEETINGS OF BOARD.
Section 43-304 - GENERAL POWERS OF BOARD — BY-LAWS — RIGHT OF ENTRY — ACQUISITION OF PROPERTY.
Section 43-305 - DRAINAGE OF LANDS — PAYMENT OF COST — APPORTIONMENT OF COST WHEN PAYMENT DEFERRED.
Section 43-306 - LEVY AUTHORIZED FOR PURPOSE OF DRAINING LANDS WITHIN DISTRICT.
Section 43-307 - AUTHORITY TO EXERCISE FUNCTIONS OF DRAINAGE DISTRICTS.
Section 43-308 - AUTHORITY TO EXERCISE FUNCTIONS OF DRAINAGE DISTRICTS — PETITION AND RESOLUTION.
Section 43-309 - NOTICE OF HEARING OF PETITION.
Section 43-310 - HEARING — OBJECTIONS — FINDINGS.
Section 43-311 - DECREE GRANTING PETITION — VESTING OF POWERS AND AUTHORITY IN DISTRICT.
Section 43-313 - ELECTRIC POWER PLANTS — CONSTRUCTION AND OPERATION.
Section 43-314 - ELECTRICAL POWER PLANTS — SALE OF SURPLUS POWER — RATIFICATION OF CONTRACT.
Section 43-315 - ASSESSMENT FOR EXTERMINATION OF RODENTS.
Section 43-316 - LEGAL TITLE TO PROPERTY.
Section 43-317 - CONVEYANCE OF PROPERTY — ACTIONS.
Section 43-318A - TRADE-IN OR EXCHANGE OF DISTRICT PROPERTY.
Section 43-319 - COMPENSATION OF DIRECTORS AND OFFICERS.
Section 43-320 - OFFICERS MUST NOT BE INTERESTED IN CONTRACTS.
Section 43-321 - SPECIAL ASSESSMENTS — ELECTIONS — COLLECTION OF ASSESSMENTS — DELINQUENT LIST.
Section 43-322 - POWER TO INCUR DEBTS — WARRANTS.
Section 43-323 - PLACE OF USE.
Section 43-324 - STATEMENT OF FINANCIAL CONDITION.
Section 43-325 - COUNTY COMMISSIONERS TO HAVE ACCESS TO BOOKS.
Section 43-326 - POWER TO MAINTAIN PARKS.
Section 43-327 - DELINQUENT ASSESSMENTS — SHUTTING OFF OF WATER.
Section 43-330A - CONTRACTS WITH LANDOWNERS FOR CONSTRUCTION OF IMPROVEMENTS.
Section 43-330B - CONTRACT PROVISIONS.
Section 43-330D - CONTRACT TO BE RECORDED.
Section 43-330E - DISTRICT TO OWN DISTRIBUTION SYSTEM.
Section 43-330F - OPERATION AND MAINTENANCE OF PRESSURIZED DISTRIBUTION SYSTEMS.
Section 43-331 - DIRECTORS MAY CONSTRUCT OR MAINTAIN IMPROVEMENTS, LEVY ASSESSMENTS.
Section 43-334 - PROCEDURE FOR LEVY AND COLLECTION OF SPECIAL ASSESSMENT — APPEAL.
Section 43-336 - NOTIFICATION OF LANDOWNERS REGARDING LEASE.
Section 43-337 - REQUIREMENTS OF ELECTION FOR LANDOWNERS.
Section 43-339 - NO LEVY AGAINST LANDS WHERE WATER RIGHTS ARE LEASED.
Section 43-340 - USE OF MONEYS RECEIVED FOR LEASED WATER RIGHTS.
Section 43-341 - EFFECT ON WATER RIGHTS BY LEASING.
Section 43-343 - AUTHORITY TO CONSTRUCT AND OPERATE GROUND WATER RECHARGE PROJECT.