50-1710. ORDINANCE CREATING IMPROVEMENT DISTRICT AND PROCEDURE FOR CONSTRUCTION BIDS. If, after the hearing on the creation of the district, the council finds (a) that the district will be for the best interest of the property affected and the municipality, (b) that there is reasonable probability that the obligations of such district will be paid, and (c) the value of the property within the proposed district, including the proposed improvements, is sufficient, it shall then enact an ordinance providing for such improvements and creating a local improvement district to be called "Local Improvement District No. …… for …………, Idaho," which shall include all of the property within said district in accordance with the findings of the council, and said ordinance shall set forth the boundaries of the district, provide the improvements which shall be made, and state that the total cost and expenses thereof shall be assessed according to the percentage or calculation hereinbefore mentioned on all benefited property in the district by using the method of assessment contemplated in the notice of intention subject to any variation therefrom as a result of the council’s determining that the benefits to be derived by certain lots or parcels of property warrant such variations. The council may either purchase, acquire or construct the improvements. The council shall appoint an engineer. If the council elects to construct the improvements, the engineer shall have prepared the necessary plans and specifications for the construction work ordered.
Except as hereinafter otherwise provided, the council shall authorize the advertisement for bids therefor by giving notice calling for sealed bids in accordance with the provisions of chapter 28, title 67, Idaho Code.
Any acquisition, purchase or construction contract made by a municipality for any improvements authorized by this code shall be made by the council in the name of the municipality upon such terms of payment as shall be fixed by the council. The contract shall be authorized by resolution empowering the authorized officer of the municipality to execute the contract. The resolution need not set out the contract in full but it shall be sufficient if the resolution refers to a copy of the contract on file in the office of the clerk where it is available for public inspection.
Any provision in this local improvement district code notwithstanding, if any municipality shall elect to exercise the powers herein granted jointly with any other public agency or agencies as authorized by the provisions of section 67-2328, Idaho Code, the improvements as contemplated within the local improvement district may be constructed jointly and as part of a larger project with such other agency or agencies upon the letting of a single contract after compliance with the required bidding procedure for any Idaho public agency jointly participating in the work.
History:
[50-1710, added 1976, ch. 160, sec. 2, p. 575; am. 1999, ch. 291, sec. 8, p. 729; am. 2005, ch. 213, sec. 20, p. 655.]
Structure Idaho Code
Title 50 - MUNICIPAL CORPORATIONS
Chapter 17 - LOCAL IMPROVEMENT DISTRICT CODE — GUARANTEE FUND
Section 50-1701 - SHORT TITLE.
Section 50-1702 - DEFINITIONS.
Section 50-1703 - POWERS CONFERRED.
Section 50-1703A - LOCAL BUSINESS IMPROVEMENT DISTRICTS.
Section 50-1704 - IMPROVEMENTS ON RAILROAD TRACKS OR ON ONE SIDE OF A STREET.
Section 50-1705 - MODIFIED DISTRICT.
Section 50-1706 - INITIATION OF ORGANIZATION OF DISTRICT.
Section 50-1707 - RESOLUTION OF INTENTION TO CREATE DISTRICT.
Section 50-1708 - NOTICE OF INTENTION AND HEARING.
Section 50-1709 - PROTESTS AND HEARING.
Section 50-1710 - ORDINANCE CREATING IMPROVEMENT DISTRICT AND PROCEDURE FOR CONSTRUCTION BIDS.
Section 50-1711 - LIMITATION ON ASSESSMENTS AGAINST PROPERTY.
Section 50-1712 - PREPARATION OF ASSESSMENT ROLL AND NOTICE OF HEARING THEREON.
Section 50-1713 - NOTICE OF HEARING ON ASSESSMENT ROLL.
Section 50-1714 - HEARING OBJECTIONS TO ASSESSMENT ROLL AND CONFIRMATION.
Section 50-1715 - CONFIRMATION OF ASSESSMENT ROLL.
Section 50-1716 - NOTICE AND PAYMENT OF ASSESSMENTS.
Section 50-1717 - INSTALLMENT DOCKET.
Section 50-1718 - APPEAL PROCEDURE — EXCLUSIVE REMEDY.
Section 50-1719 - ADDITIONAL IMPROVEMENTS.
Section 50-1720 - REASSESSMENT OF BENEFITS.
Section 50-1721 - LIEN OF ASSESSMENT — FORECLOSURE.
Section 50-1721A - SEGREGATION OF ASSESSMENTS.
Section 50-1722 - BONDS — REGISTERED WARRANTS — INTERIM WARRANTS.
Section 50-1723 - LIABILITY OF MUNICIPALITY.
Section 50-1724 - BOND AND INTEREST FUNDS.
Section 50-1725 - REISSUE OF BONDS.
Section 50-1726 - RIGHTS AGAINST ASSESSMENTS.
Section 50-1727 - PUBLICATION AND CONCLUSIVENESS OF PROCEEDINGS.
Section 50-1728 - CONSOLIDATED LOCAL IMPROVEMENT DISTRICTS AUTHORIZED.
Section 50-1738 - DELINQUENT INSTALMENTS.
Section 50-1739 - DELINQUENT CERTIFICATES.
Section 50-1740 - DELINQUENT CERTIFICATE REGISTER.
Section 50-1741 - ASSIGNMENT OF DELINQUENT CERTIFICATES.
Section 50-1742 - FORM OF ASSIGNMENT — ASSIGNMENT BY PURCHASER.
Section 50-1745 - NOTICE OF EXPIRATION OF TIME OF REDEMPTION.
Section 50-1746 - PROOF OF NOTICE.
Section 50-1747 - EFFECT OF DEED AS EVIDENCE.
Section 50-1748 - DELINQUENCY CERTIFICATE FOR SUBSEQUENT INSTALMENTS.
Section 50-1749 - FEES OF TREASURER.
Section 50-1750 - SUIT TO QUIET TITLE.
Section 50-1751 - SALE OF PROPERTY DEEDED TO MUNICIPALITY.
Section 50-1752 - SALE OF PROPERTY AFTER MATURITY OF BONDS.
Section 50-1753 - DISPOSITION OF FUNDS.
Section 50-1754 - DELINQUENT CERTIFICATE NOT ASSIGNABLE DURING PENDENCY OF ACTION.
Section 50-1755 - DUTIES OF OFFICERS.
Section 50-1762 - LOCAL IMPROVEMENT GUARANTEE FUND — CREATION OF FUND.
Section 50-1765 - MAINTENANCE AND OPERATION AND SOURCES OF FUND.
Section 50-1766 - REPLENISHMENT OF FUND — WARRANTS — ISSUANCE AGAINST FUND — TAX LEVY.
Section 50-1767 - BONDS AND WARRANTS — REVENUES FROM WHICH PAYABLE.
Section 50-1768 - BONDS PAYABLE FROM FUND.
Section 50-1769 - EXCESS IN FUND — DISPOSITION.
Section 50-1770 - UNPATENTED LANDS — ASSESSMENT FOR IMPROVEMENTS.
Section 50-1771 - RESERVE FUND AUTHORIZED.
Section 50-1772 - COMMERCIALLY REASONABLE CREDIT ASSURANCES.