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H0251...............................................by REVENUE AND TAXATION PUBLIC INFRASTRUCTURE IMPROVEMENTS DISTRICTS - Adds to existing law to provide for the creation of Public Infrastructure Improvements Districts. 02/21 House intro - 1st rdg - to printing 02/22 Rpt prt - to Rev/Tax
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 251 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO PUBLIC INFRASTRUCTURE IMPROVEMENTS DISTRICTS; AMENDING TITLE 50, 3 IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 30, TITLE 50, IDAHO CODE, TO 4 PROVIDE LEGISLATIVE PURPOSE AND A SHORT TITLE, TO DEFINE TERMS, TO PROVIDE 5 FOR CREATION OF PUBLIC INFRASTRUCTURE IMPROVEMENTS DISTRICTS, TO PROVIDE 6 FOR ORGANIZATION OF A DISTRICT, TO PROVIDE POWERS OF A DISTRICT, TO PRO- 7 VIDE FOR A CHANGE IN DISTRICT BOUNDARIES OR THE GENERAL PLAN, TO PROVIDE 8 FOR FINANCES, TO PROVIDE FOR GENERAL OBLIGATION BONDS AND TAX LEVIES, TO 9 PROVIDE FOR REVENUE BONDS AND FEES AND CHARGES, TO PROVIDE TERMS OF THE 10 BONDS, TO PROVIDE FOR NOTICE AND CONDUCT OF ELECTIONS, TO PROVIDE FOR 11 TAXES, TO PROVIDE FOR FINANCIAL STATEMENTS AND ESTIMATES, BUDGETS AND CER- 12 TIFICATION OF LEVIES, TO PROVIDE FOR DISSOLUTION OF A DISTRICT, TO PROVIDE 13 FOR EXEMPTIONS AND EXCLUSIONS, TO PROVIDE FOR LIMITATION OF LIABILITY, TO 14 PROVIDE FOR APPEAL, EXCLUSIVE REMEDY AND CONCLUSIVENESS, TO PROVIDE FOR 15 CONSISTENCY WITH STATE LAW, TO PROVIDE LIBERAL INTERPRETATION AND TO PRO- 16 VIDE SEVERABILITY. 17 Be It Enacted by the Legislature of the State of Idaho: 18 SECTION 1. That Title 50, Idaho Code, be, and the same is hereby amended 19 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 20 ter 30, Title 50, Idaho Code, and to read as follows: 21 CHAPTER 30 22 PUBLIC INFRASTRUCTURE IMPROVEMENTS DISTRICT ACT 23 50-3001. PURPOSE AND SHORT TITLE. The preservation of the tax base of 24 Idaho communities in times of community growth is hereby declared to be a pub- 25 lic benefit, use and purpose. This chapter provides an orderly method for the 26 persons who benefit from new public infrastructure improvements to pay for the 27 improvements through the creation of public infrastructure improvements dis- 28 tricts. A district formed pursuant to this chapter, although a political sub- 29 division of this state, is not a governmental entity of general purposes and 30 powers, but is a special limited purposes district, with purposes and powers 31 only as permitted under this chapter, whose actions affect the substantial 32 interests of resident voters of the district and the owners of real property 33 within the district, whether or not the owners are residents of the district. 34 This chapter shall be known and cited as the "Public Infrastructure 35 Improvements District Act." 36 50-3002. DEFINITIONS. The following words and phrases when used in this 37 chapter shall have the meanings respectively given herein. 38 (1) "Debt service" means the principal of, interest on and premium, if 39 any, on the bonds, when due, whether at maturity or prior redemption and fees 40 and costs of registrars, trustees, paying agents or other agents necessary to 41 handle the bonds and the costs of credit enhancement or liquidity support. 2 1 (2) "District" means a public infrastructure improvements district formed 2 pursuant to this chapter in one (1) or more counties and/or cities. 3 (3) "District board" means the board of directors of the district. 4 (4) "General plan" means the general plan for the development of public 5 infrastructure improvements for the district that includes a map of the bound- 6 aries of the district, a legal description of the district, a general descrip- 7 tion of anticipated public infrastructure improvements and their locations, 8 cost estimates as required by this chapter, proposed financing methods and 9 anticipated tax levies or other charges, as the general plan may be amended 10 from time to time. 11 (5) "Governing body" means the board or council that by law is consti- 12 tuted as the governing body of the county or city in which the district is 13 located. Reference in this chapter to "governing body or bodies" shall mean 14 the governing body or bodies of each county and city in which the district is 15 located. 16 (6) "Owner" means the person listed as the owner of real property within 17 the district or a proposed district on the current property rolls in effect at 18 the time that the action, proceeding, hearing or election has begun; provided 19 however, that if a person listed on the property rolls is no longer the owner 20 of real property within the district or a proposed district and the name of 21 the successor owner becomes known and is verified by recorded deed or other 22 similar evidence of transfer of ownership, the successor owner shall be deemed 23 to be the owner for the purposes of this chapter. An owner may include any 24 person who is: 25 (a) The administrator or executor of an estate of a decedent holding 26 record title to real property within the district; 27 (b) The guardian of a minor or incompetent person holding record title to 28 real property within the district, appointed and qualified under the laws 29 of this state; 30 (c) An officer of a corporation holding record title to real property 31 within the district, which officer has been authorized by resolution of 32 the corporation's board of directors to act with respect to such real 33 property; 34 (d) The manager(s) or member(s) of a limited liability company holding 35 record title to real property within the district which is authorized by 36 the operating agreement of the company to act with respect to such real 37 property; 38 (e) A general partner of a partnership holding record title to real prop- 39 erty within the district; and 40 (f) A trustee of a trust holding record title to real property within the 41 district. 42 (7) "Person" means any entity, individual, corporation, partnership, 43 firm, association, limited liability company, limited liability partnership, 44 trust or other such entities as recognized by the state of Idaho. A "person in 45 interest" is any person who is a qualified elector in the district, who is an 46 owner of real property in the district or who is a real property taxpayer in 47 the district. 48 (8) "Public infrastructure improvement" means any on-site or off-site 49 improvement that directly or indirectly benefits the district, including nec- 50 essary or incidental work, whether newly constructed, renovated or existing, 51 and all necessary or desirable appurtenances. Public infrastructure improve- 52 ments include, without limitation: 53 (a) Sanitary sewage systems, including collection, transport, storage, 54 treatment, dispersal, effluent use and discharge; 55 (b) Drainage and flood control systems, including collection, transport, 3 1 diversion, storage, detention, retention, dispersal, use and discharge; 2 (c) Water systems for domestic, commercial, office, hotel or motel, 3 industrial, irrigation, municipal or fire protection purposes, including 4 production, collection, storage, treatment, transport, delivery, connec- 5 tion and dispersal; 6 (d) Other utilities and utility systems, facilities and structures; 7 (e) Highways, streets, roadways, bridges, crossing structures, curbs, 8 gutters, sidewalks and parking facilities, including all areas for vehicu- 9 lar use for travel, ingress, egress and parking, traffic control systems 10 and devices, including signals, controls, markings and signage; 11 (f) Trails and areas for pedestrian, equestrian, bicycle or other 12 nonmotor vehicle use for travel, ingress, egress and parking; 13 (g) Pedestrian malls, parks, recreational facilities and open space areas 14 for the use of members of the public for entertainment, assembly and rec- 15 reation; 16 (h) Landscaping, including earthworks, structures, lakes and other water 17 features, plants, trees and related water delivery systems; 18 (i) Public buildings, including fire protection and police facilities, 19 libraries and other public educational or cultural facilities, exclusive 20 of school sites and facilities; 21 (j) Lighting systems related to the items listed in this subsection; 22 (k) Telecommunications lines and related equipment; 23 (l) Equipment related to the items listed in this subsection; and 24 (m) Inspection, construction management and program management costs. 25 (9) "Qualified elector" means: 26 (a) Any person who resides within the boundaries of a district or a pro- 27 posed district and who is a qualified elector as defined in section 28 34-104, Idaho Code (a "resident qualified elector"); or 29 (b) Any person who is an owner of real property which is located within 30 the district (an "owner qualified elector"). 31 50-3003. CREATION. (1) Whenever all of the owners of contiguous lands 32 desire to provide for the creation and organization of a public infrastructure 33 improvements district, a district may be created and organized as provided in 34 this chapter. As used in this section, "contiguous" shall mean being in actual 35 contact or touching along a boundary or at a point, except no area of land 36 shall be considered not contiguous solely by reason of a roadway or other 37 right-of-way, or solely by reason of intervening land owned by a federal, 38 state or local governmental entity. 39 (2) The creation and organization of a public infrastructure improvements 40 district shall be initiated by a petition signed by all of the owners of all 41 the lands located in the proposed district. The petition shall be filed with 42 the clerk of the governing body in which the proposed district will be 43 located. If the proposed district will be located within two (2) or more coun- 44 ties and/or cities, a petition conforming to the requirements of this section 45 shall be filed with the clerk of each jurisdiction's governing body. The peti- 46 tion shall state the name of the proposed district and the purpose for which 47 it is formed, state that the formation of the district will result in the levy 48 of property taxes and may result in the imposition of fees or charges to pay 49 the cost of providing services, and shall be accompanied by a map depicting 50 the boundaries of the proposed district, a legal description of the proposed 51 district and a copy of the proposed general plan. The petition shall also 52 include a copy of a proposed agreement, consistent with the general plan, for 53 district financing and development, which agreement: describes the public in- 54 frastructure improvements to be financed by the district and the estimated 4 1 cost thereof; identifies the public entities that will ultimately own the pub- 2 lic infrastructure improvements financed by the district; sets forth the total 3 amount of bonds to be issued by the district and the property taxes to be 4 levied to repay the bonds; contains provisions regarding the disbursement of 5 bond proceeds; and specifies any financial assurances to be provided. The pro- 6 posed agreement may contain other provisions relating to district financing 7 and development including, without limitation, intergovernmental agreements 8 and other matters relating to the public infrastructure improvements, such as 9 construction, acquisition, planning, design, inspection, ownership, control, 10 maintenance, operation and repair. The petition, together with all maps and 11 other papers filed therewith, shall be open to public inspection in the office 12 of the clerk in each county or city in which the petition is filed, during 13 such business hours as the clerk may direct. 14 (3) Upon the filing of a petition, the governing body shall give notice 15 of the filing of the petition and of the time and place set for a public hear- 16 ing on the petition, which hearing shall be at a regular or special meeting 17 held within not less than thirty (30) days nor more than ninety (90) days 18 after the date of the filing of the petition. A notice of the time of the pub- 19 lic hearing shall be published by the governing body twice, the first time not 20 less than twelve (12) days prior to the hearing and the second time not less 21 than five (5) days prior to the hearing, in a newspaper of general circulation 22 in each county or city in which the proposed district will be located. The 23 notice shall state that a public infrastructure improvements district is pro- 24 posed to be formed, giving the proposed boundaries thereof, and that any per- 25 son who is a resident of, or a real property taxpayer in, the county or city 26 in which the proposed district will be located may, on the date fixed for the 27 public hearing, appear and offer any testimony pertaining to the formation of 28 the district and the proposed boundaries thereof. The notice shall also state 29 that any political subdivision of this state within whose jurisdiction the 30 proposed district will be located including, without limitation, a highway 31 district, a school district, a fire district or an ambulance district, may, on 32 the date fixed for the public hearing, appear and offer any testimony pertain- 33 ing to the formation of the district and the proposed boundaries thereof. If 34 the district will be located within two (2) or more counties and/or cities, 35 the governing bodies of such counties and/or cities shall coordinate their 36 efforts and shall either hold a public hearing in each county or city in which 37 the proposed district will be located, or hold a single public meeting in such 38 county or city as the governing bodies shall unanimously agree. After hearing 39 and considering any and all of the testimony given, the governing body shall 40 thereupon approve a resolution either denying the petition or granting the 41 same, and if granting the same, shall fix and describe in the resolution the 42 boundaries of the proposed district and order the formation of the same. A 43 resolution granting the petition shall also include the approval of an agree- 44 ment regarding district financing and development. The boards of county com- 45 missioners and/or the city councils, as such governing bodies, are hereby spe- 46 cifically authorized to act in a joint manner for such purposes. 47 (4) Whenever a petition shall be filed as provided in this section, the 48 petitioner(s) shall deposit with each governing body a sum sufficient to 49 defray the costs of publication of notice of the public hearing. In the event 50 the district is formed, said petitioner(s) shall be entitled to be reimbursed 51 such sum, as a district formation cost, from the district when moneys are 52 available to the district for such purpose. The amount required to be paid 53 under this subsection shall be determined by each governing body and deposited 54 before publication. 55 (5) The governing body may charge the petitioner(s) a reasonable fee for 5 1 the governing body to retain outside advisors to assist the governing body in 2 its consideration of the formation of the district. In the event the district 3 is formed, the petitioner(s) shall be entitled to be reimbursed such fee, as a 4 district formation cost, from the district when moneys are available to the 5 district for such purpose. 6 50-3004. ORGANIZATION. (1) If the petition for formation of the district 7 is granted, the district shall comply with the filing and recording require- 8 ments of section 63-215, Idaho Code, and shall also cause a copy of the appli- 9 cable resolution to be delivered to the county assessor of each county in 10 which the district is located, cause a copy of the applicable resolution to be 11 recorded with the county clerk in each county in which the district is 12 located, and cause a copy of the applicable resolution to be filed with the 13 state tax commission. 14 (2) Members of the governing body or bodies at the time of formation 15 shall serve as the district board. If the district is located entirely within 16 the boundaries of a city, three (3) members of the city council chosen by the 17 city council shall serve as the district board. If the district is located 18 entirely within the boundaries of a county and outside the boundaries of any 19 city, the county commissioners of the county in which the district is located 20 shall serve as the district board. If the district is located within the 21 jurisdiction of more than one (1) governing body, two (2) members of each gov- 22 erning body shall be appointed by that governing body to serve on the district 23 board and, in addition, the governing body within whose jurisdiction the larg- 24 est land area of the district is located shall appoint another member from its 25 governing body to serve as an additional member of the district board, so that 26 the district board will always be comprised of an odd number of members. For 27 purposes of determining which jurisdiction has such largest land area, the 28 land area in the district which is within the incorporated city limits shall 29 be considered as being the land area of the city, and shall not be considered 30 as part of the land area of the county in which the city is located. If an 31 area is added to the district pursuant to section 50-3006(2), Idaho Code, and 32 such area is located in a city or county not already represented on the dis- 33 trict board, or if the addition of such area changes the jurisdiction in which 34 the largest land area of the district is located, the membership of the dis- 35 trict board, at the time of addition of such area, shall be adjusted in con- 36 formity with the foregoing. If an area is deleted from the district pursuant 37 to section 50-3006(1), Idaho Code, and, as a result, a county or city no 38 longer has area within the district, or such deletion changes the jurisdiction 39 in which the largest land area of the district is located, the membership of 40 the district board, at the time of deletion of such area, shall be adjusted in 41 conformity with the foregoing. If an area is annexed or deannexed by a city 42 and, as a result, the jurisdiction of a county or city is changed, the member- 43 ship of the district board at the time of such annexation or deannexation 44 shall be adjusted in conformity with the foregoing. The boards of county com- 45 missioners and the city councils, as such governing bodies, are hereby specif- 46 ically authorized to act in a joint manner for such purposes. 47 (3) Within thirty (30) days after the date of the resolution ordering 48 formation of the district, and annually thereafter, the district board shall 49 meet and elect a chairman, a vice-chairman, a treasurer and a clerk to act as 50 the officers of the district board. Except for the office of chairman, the 51 offices may be combined. The district board shall, unless otherwise agreed by 52 a majority of the board, meet in the county or city within which the largest 53 land area of the district is located. The district shall keep the following 54 records, which shall be open to public inspection: 6 1 (a) Minutes of all meetings of the district board; 2 (b) All resolutions; 3 (c) Accounts showing all moneys received and disbursed; 4 (d) The annual budget; and 5 (e) All other records required to be maintained by law. 6 (4) The treasurer of the district shall have such duties as the district 7 board may prescribe together with the duty to keep account with the district, 8 to place to the credit of the district all moneys received by him or her from 9 the collection of taxes or from any other sources, and of all other moneys 10 belonging to the district and to pay over all moneys belonging to the district 11 on legally drawn warrants or orders of the district board. 12 (5) The clerk of the district shall have such duties as the district 13 board may prescribe together with the duty to conduct district elections and 14 to prepare and distribute legal notices. 15 (6) The district shall be separate and apart from any county or city. The 16 members of the district board, when serving in their official capacity as mem- 17 bers of the district board, shall act on behalf of the district and not as 18 members of a board of county commissioners or as members of a city council. 19 (7) The district board shall administer in a reasonable manner the imple- 20 mentation of the general plan. 21 (8) The district shall have perpetual existence until dissolved pursuant 22 to section 50-3014, Idaho Code. 23 (9) The formation of a district pursuant to this chapter shall not pre- 24 vent the subsequent establishment of similar districts or the improvement or 25 assessment of land within the district by a county, city or other political 26 subdivision. 27 (10) The formation of a district pursuant to this chapter shall not pre- 28 vent the exercise by a county, city or other political subdivision of any of 29 its powers on the same basis as on all other land within its jurisdiction. 30 (11) The formation of a district shall not constitute approval of any land 31 use application or the issuance of any permit for development within the dis- 32 trict. Notwithstanding the formation of a district, the development of real 33 property located within the district shall remain subject to the provisions of 34 chapter 65, title 67, Idaho Code, and the applicable planning and zoning ordi- 35 nances of the counties and cities in which the district is located. 36 50-3005. POWERS. (1) The district shall have the power to finance public 37 infrastructure improvements consistent with the general plan and as provided 38 in this chapter. In addition to the powers otherwise granted to a district 39 pursuant to this chapter, the district board, in implementing the general 40 plan, may: 41 (a) Enter into contracts and expend money for any public infrastructure 42 improvement; 43 (b) Enter into intergovernmental agreements as provided in sections 44 67-2326 through 67-2333, Idaho Code; 45 (c) Acquire interests in real property and personal property for public 46 infrastructure improvements, within or without the district, and sell, 47 dedicate, lease or otherwise dispose of district property if the sale, 48 dedication, lease or conveyance is not a violation of the terms of any 49 contract or bond covenant of the district; 50 (d) Plan, design, engineer, acquire, construct, install, operate, main- 51 tain and repair public infrastructure improvements including, without lim- 52 itation, acquiring, converting, renovating or improving existing facili- 53 ties; 54 (e) Employ and establish compensation for staff, counsel and consultants 7 1 and pay such compensation out of the treasury of the district; 2 (f) Reimburse a county, city or other political subdivision of this state 3 for staff and consultant services and support facilities supplied by the 4 county, city or other political subdivision; 5 (g) Accept gifts or grants and incur and repay loans for any public in- 6 frastructure improvements; 7 (h) Enter into agreements with owners concerning the advance of money by 8 owners for public infrastructure improvements or the granting of real 9 property by the owners for public infrastructure improvements; 10 (i) Levy property taxes and impose fees and charges for any public infra- 11 structure improvements on any real property located within the district 12 and, in conjunction with the levy of such taxes, fees and charges, set and 13 collect or cause to be collected administrative fees; 14 (j) Incur expenses of the district incident to and reasonably necessary 15 to implementing the general plan, and pay the same including, without lim- 16 itation, as regards the financial, legal and administrative costs of the 17 district; 18 (k) Borrow money and incur indebtedness and evidence the same by certifi- 19 cates, notes, bonds or debentures, and enter into contracts, agreements 20 and trust indentures to obtain credit enhancement or liquidity support for 21 its bonds and process the issuance, registration, transfer and payment of 22 its bonds and the disbursement and investment of proceeds of its bonds; 23 (l) Use public easements and rights-of-way in or across public property, 24 roadways, highways, streets or other thoroughfares and other public ease- 25 ments and rights-of-way, whether in or out of the geographical limits of 26 the district, county or city; 27 (m) Sue and be sued and prosecute and defend, at law or in equity. 28 (2) Public infrastructure improvements other than personalty, whether 29 located in or out of the district, may be located only in or on lands, ease- 30 ments or rights-of-way owned by this state or a political subdivision thereof. 31 (3) An agreement pursuant to paragraph (h) of subsection (1) of this sec- 32 tion may include agreements to repay all or part of such advances, fees and 33 charges from the proceeds of bonds if issued or from advances, fees and 34 charges collected from other owners or users or those having a right to use 35 any public infrastructure improvements. A person does not have authority to 36 compel the issuance or sale of the bonds of the district or the exercise of 37 any taxing power of the district to make repayment under any agreement. 38 (4) Notwithstanding the provisions of the procurement requirements that 39 may otherwise be applicable to the county or city in which the district is 40 located, the district board may enter into contracts to carry out any of the 41 district's authorized powers, including the planning, design, engineering, 42 financing, construction and acquisition of public infrastructure improvements, 43 with a contractor, an owner or other person, on such terms and with such per- 44 sons or entities as the district board determines to be appropriate. 45 (5) The district board may also enter into or approve agreements by and 46 among any or all of an owner; a developer; a county, a city or any other 47 political subdivision of this state concerning the development, improvement 48 and use of specific property within the district including, without limita- 49 tion, financial responsibilities and other obligations related thereto. 50 50-3006. CHANGE IN DISTRICT BOUNDARIES OR GENERAL PLAN. (1) After dis- 51 trict formation, an area may be deleted from the district only following 52 notice and hearing in the manner prescribed for the formation hearing, adop- 53 tion of a resolution of intention to do so by the district board and voter 54 approval by the qualified electors as provided in section 50-3011, Idaho Code. 8 1 Lands within the district that are subject to the lien of property taxes or 2 other charges imposed pursuant to this chapter shall not be deleted from the 3 district while there are bonds outstanding that are payable by such taxes or 4 charges. 5 (2) After district formation, an area may be added to the district upon 6 adoption of a resolution of intention to do so by the district board and the 7 approvals of all the owners of the lands to be added and the governing body of 8 each county or city within which such lands are located, subject to notice, 9 hearing and adoption of a resolution in the manner as required for the forma- 10 tion of a district. 11 (3) If an area is deleted or added under subsection (1) or (2) of this 12 section, the district board shall attend to the recording and filing require- 13 ments set forth in section 63-215(1), Idaho Code, and shall also cause a copy 14 of the applicable resolution to be delivered to the county assessor of each 15 county in which the district is located, cause a copy of the applicable reso- 16 lution to be recorded with the county clerk in each county in which the dis- 17 trict is located, and cause a copy of the applicable resolution to be filed 18 with the state tax commission. 19 (4) The district board, following notice and hearing in the manner pre- 20 scribed for the formation hearing, may amend the general plan in any manner 21 that it determines will not substantially reduce the benefits to be received 22 by any land within the district from the public infrastructure improvements on 23 completion of the work to be performed under the general plan. No election 24 shall be required for the purposes of this subsection. 25 50-3007. FINANCES. (1) The public infrastructure improvements shown in 26 the general plan may be financed from the following sources of revenue: 27 (a) Proceeds received from the sale of bonds of the district; 28 (b) Money of a county or city contributed to the district; 29 (c) Property taxes; 30 (d) State or federal grants or contributions; 31 (e) Private contributions; 32 (f) User, landowner and other fees and charges; 33 (g) Proceeds of loans or advances; and 34 (h) Any other money available to the district by law. 35 (2) The amount of indebtedness evidenced by general obligation bonds 36 issued pursuant to section 50-3008, Idaho Code, and revenue bonds issued pur- 37 suant to section 50-3009, Idaho Code, shall not exceed the estimated cost of 38 the public infrastructure improvements to be financed with such bonds, plus 39 all costs connected with issuance and sale of such bonds including, without 40 limitation, formation costs, credit enhancement and liquidity support fees and 41 costs. The total aggregate outstanding principal amount of general obligation 42 bonds and other indebtedness for which the full faith and credit of the dis- 43 trict are pledged shall not affect the general obligation bonding capacity of 44 any county or city in which the district is located. 45 (3) Bonds issued by a district shall not be a general obligation of this 46 state or of any county or city in which the district is located and shall not 47 pledge the full faith and credit of this state, or any county or city in which 48 the district is located. 49 50-3008. GENERAL OBLIGATION BONDS -- LEVY. (1) After district formation, 50 whenever the district board shall deem it advisable to issue general obliga- 51 tion bonds of the district, the district board shall provide therefor by reso- 52 lution, which resolution shall specify and set forth the public infrastructure 53 improvements consistent with the general plan to be financed with the bonds, 9 1 and make provision for the collection of an annual tax sufficient to pay the 2 interest on the bonds as it falls due, and also to constitute a sinking fund 3 for the payment of the principal thereof as required by the constitution and 4 laws of the state of Idaho. 5 (2) The resolution shall also provide for holding an election, held in 6 compliance with section 50-3011, Idaho Code, to submit to the qualified elec- 7 tors of the district the question of authorizing the district to issue general 8 obligation bonds of the district to provide money for said public infrastruc- 9 ture improvements consistent with the general plan. The ballot used in such 10 election shall be in form substantially as follows: "In favor of issuing bonds 11 to the amount of ............ dollars for the purpose stated in Resolution No. 12 .....," and "Against issuing bonds to the amount of ............ dollars for 13 the purpose stated in Resolution No. ..... ." 14 (3) If two-thirds (2/3) of the qualified electors voting at such election 15 assent to the issuing of the bonds and the incurring of the indebtedness 16 thereby created for the purpose aforesaid, the district board shall thereupon 17 be authorized to issue and create such indebtedness in the manner and for the 18 purposes specified in said resolution, and the bonds shall be issued and sold 19 in the manner provided by the laws of the state of Idaho, and the district 20 board by further resolution shall be entitled to issue and sell the bonds in 21 series or divisions up to the authorized amount without the further vote of 22 the qualified electors, and to issue and sell such bonds at such times and in 23 such amounts as the district board deems appropriate to carry out a public in- 24 frastructure improvements project or projects in phases; provided however, 25 that before any issuance of the bonds, including issuance in series or divi- 26 sions, and in addition to such other determinations made by the district board 27 as it may deem reasonable and prudent, the district board shall also: 28 (a) Determine whether the estimated annual tax revenues of the district 29 are adequate to support all of the general obligation bonds of the dis- 30 trict that will be outstanding after the proposed issuance, disregarding 31 any tax revenue from taxable real property in the district owned by a de- 32 veloper of the real property within the district. In making such determi- 33 nation, the district board shall take into consideration the market value 34 for assessment purposes at the last preceding county assessment of all 35 taxable real property within the district and, for all taxable real prop- 36 erty within the district for which a market value was not established at 37 the last preceding county assessment, the fair market value of that tax- 38 able real property, including the value of the improvements thereon both 39 before and after the public improvements will be completed; and 40 (b) Determine whether the financial condition of a developer of the real 41 property within the district is such that the tax revenue from the real 42 property owned by the developer is a reliable source of revenue to support 43 the repayment of the bonds. If the district board concludes that the 44 financial condition of a developer is such that revenue from the 45 developer's real property is a reliable source of revenue, the estimated 46 annual tax revenue from the real property owned by the developer shall be 47 added to the estimated annual tax revenue from the other taxable real 48 property in the district, as calculated under paragraph (a) of this sub- 49 section, and the total shall be the estimated total annual tax revenue of 50 the district. If the district board concludes that the revenue from the 51 real property owned by a developer is not a reliable source of revenue, 52 the estimated revenue from the real property owned by the developer shall 53 not be included in computing the estimated total annual tax revenue of the 54 district; and 55 (c) Determine whether reasonable financial assurance for the payment of 10 1 the debt service on the bonds through additional collateral, payment guar- 2 antee or otherwise shall be required from a developer. If the district 3 board decides that reasonable financial assurance shall be required, in 4 its resolution the district board shall specify the type and amount of the 5 financial assurance required. 6 (4) In no event shall the aggregate issued and outstanding principal 7 amount of general obligation bonds and any other indebtedness for which the 8 full faith and credit of the district is pledged exceed sixty percent (60%) of 9 the fair market value of the real property within the district as determined 10 by the district board; provided however, that such sixty percent (60%) limita- 11 tion shall not apply to any issue of bonds if the bonds are rated in one (1) 12 of the four (4) highest rating categories by a nationally recognized rating 13 agency. For the purposes of this section, the term "fair market value" shall 14 mean the amount of United States dollars or equivalent for which, in all prob- 15 ability, a property would change hands between a willing seller, under no com- 16 pulsion to sell, and an informed, capable buyer, with a reasonable time 17 allowed to consummate the sale. For the purpose of complying with the sixty 18 percent (60%) limitation in this subsection, the district board, in its reso- 19 lution approving the issuance of the bonds, shall set forth its determination 20 of the fair market value of the real property in the district and the same 21 shall be final and conclusive in the absence of fraud or gross mistake. 22 (5) After the bonds are issued, the district shall enter in its minutes a 23 record of the bonds sold and their number and dates and shall periodically 24 collect the pledged revenues to pay the debt service on the bonds when due. 25 Bond proceeds received by the district shall be held in a segregated account 26 and shall be disbursed therefrom only for the payment of public infrastructure 27 improvements actually completed or for the purpose of reimbursing expenditures 28 actually made for public infrastructure improvements approved by the district 29 board; provided however, that lien releases with respect to the payment made 30 must be obtained from the underlying providers of labor, work, services or 31 materials as a condition to such payment. Completion of public infrastructure 32 improvements may be phased and payment made pursuant to a draw schedule. Prior 33 to issuance of the bonds, the district board shall determine that it can be 34 reasonably expected that the bond proceeds will be expended on the public in- 35 frastructure improvements within three (3) years after issuance. 36 (6) Each year, prior to the time for the certification required under 37 section 50-3013, Idaho Code, the district board shall levy a tax upon all tax- 38 able real property within the district, sufficient, together with any money 39 from the sources described in section 50-3007, Idaho Code, to pay debt service 40 on the bonds when due. The levy shall be made by resolution entered upon the 41 minutes of the district board, and it shall be the duty of the clerk of the 42 district, immediately after entry of the resolution in the minutes, to trans- 43 mit to the board of county commissioners in each county in which the district 44 is located, the certification required under section 50-3013, Idaho Code. Said 45 tax levied shall then be collected and accounted for at the time and in the 46 form and manner as other taxes are collected and accounted for under the laws 47 of this state. Money derived from the levy of property taxes to pay the debt 48 service on the bonds shall be kept separately from other funds of the dis- 49 trict. A district's levy of property taxes shall constitute a lien on all tax- 50 able real property within the district. 51 (7) The district may issue and sell refunding bonds to refund general 52 obligation bonds of the district authorized by this section. The principal 53 amount of the refunding bonds may be more or less than the principal amount of 54 the bonds being refunded provided the proceeds of the refunding bonds are used 55 only for refunding purposes and payment of the costs thereof, and the total 11 1 obligation of the district is not increased, that is, if the amount of the 2 refunding bonds is more than the principal amount of the bonds being refunded, 3 issuance of the refunding bonds will result in a net present value savings to 4 the district. No election shall be required in connection with the issuance 5 and sale of such refunding bonds. Refunding bonds issued pursuant to this sec- 6 tion shall have a final maturity date no later than the final maturity date of 7 the bonds being refunded. 8 50-3009. REVENUE BONDS -- FEES AND CHARGES. (1) Subject to section 3, 9 article VIII of the constitution of the state of Idaho, after district forma- 10 tion, whenever the district board shall deem it advisable to issue revenue 11 bonds of the district, the district board shall provide therefor by resolu- 12 tion, which resolution shall specify and set forth the public infrastructure 13 improvements consistent with the general plan to be financed with such bonds. 14 (2) The resolution shall also provide for holding an election, held in 15 compliance with section 50-3011, Idaho Code, to submit to the qualified elec- 16 tors of the district the question of authorizing the district to issue revenue 17 bonds of the district to provide money for said public infrastructure improve- 18 ments consistent with the general plan. 19 (3) Except as otherwise specifically set forth in this section, the pro- 20 visions of chapter 41, title 42, Idaho Code, water and sewer district revenue 21 bond act, shall apply with respect to the issuance of revenue bonds and 22 refunding bonds under this section in substantially the same manner as if the 23 district were a water and/or sewer district issuing bonds pursuant to the 24 water and sewer district revenue bond act, and the district board shall con- 25 duct itself in the issuance of revenue bonds in substantially the same manner 26 as the commissioners of a district under the water and sewer district revenue 27 bond act. 28 (4) If the revenue bonds are approved at the election, the district board 29 shall thereupon be authorized to issue and create such indebtedness in the 30 manner and for the purposes specified in said resolution, and such bonds shall 31 be issued and sold in the manner provided by the laws of the state of Idaho. 32 (5) After the bonds are issued, the district board shall enter in its 33 minutes a record of the bonds sold and their numbers and dates and shall peri- 34 odically collect the pledged revenues to pay the debt service on the bonds 35 when due. 36 (6) Money derived from the collection of revenues pledged to pay the debt 37 service on the bonds shall be kept separately from other funds of the dis- 38 trict. 39 (7) No holder of revenue bonds issued pursuant to this chapter may compel 40 any exercise of the taxing power of the district, county or city to pay the 41 bonds or the interest on the bonds. Revenue bonds issued pursuant to this 42 chapter are not a debt of the state or of any county or city in which the dis- 43 trict is located, nor are they the debt of the district, other than with 44 respect to the revenue pledged to the payment of the bonds. The payment of 45 revenue bonds is not enforceable out of any money other than the revenue 46 pledged to the payment of the bonds. 47 (8) Subject to the provisions of this section, a district may issue reve- 48 nue bonds at such times and in such amounts as the district deems appropriate 49 to carry out a project in phases. 50 (9) The district may issue and sell refunding bonds to refund revenue 51 bonds of the district authorized by this section. The principal amount of the 52 refunding bonds may be more or less than the principal amount of the bonds 53 being refunded provided the proceeds of the refunding bonds are used only for 54 refunding purposes and payment of the costs thereof, and the total obligation 12 1 of the district is not increased, that is, if the amount of the refunding 2 bonds is more than the principal amount of the bonds being refunded, issuance 3 of the refunding bonds will result in a net present value savings to the dis- 4 trict. No election shall be required in connection with the issuance and sale 5 of such refunding bonds. Refunding bonds issued pursuant to this section shall 6 have a final maturity date no later than the final maturity date of the bonds 7 being refunded. 8 50-3010. TERMS OF BONDS. For any bonds issued under this chapter, the 9 district board shall prescribe the denominations of the bonds, the principal 10 amount of each issue and the form of the bonds and shall establish the maturi- 11 ties, which shall not exceed thirty (30) years, interest payment dates and 12 interest rates, whether fixed or variable, not exceeding the maximum rate 13 stated in the notice of the election or the resolution of the district board. 14 The bonds, up to the aggregate authorized principal amount thereof, may be 15 issued in whole or divided into series, and by supplementary resolution 16 adopted from time to time by the district board, the district may issue any 17 remaining principal amount of the bonds in one (1) or more subsequent divi- 18 sions. No election shall be required in connection with the issuance of any 19 remaining principal amount of the bonds in a subsequent division. The bonds 20 may be sold by competitive bid or negotiated sale for public or private offer- 21 ing at, below or above par. The proceeds of the bonds shall be deposited with 22 the treasurer, or with a trustee or agent designated by the district board, to 23 the credit of the district to be withdrawn for the purposes provided by this 24 chapter. Pending that use, the proceeds may be invested as determined by the 25 district board. The bonds shall be made payable as to both principal and 26 interest solely from revenues of the district, and shall specify the revenues 27 pledged for such purposes, and shall contain such other terms, conditions, 28 covenants and agreements as the district board deems proper. The bonds may be 29 payable from any combination of taxes or revenues of the types described in 30 sections 50-3008 and 50-3009, Idaho Code. 31 50-3011. NOTICE AND CONDUCT OF ELECTION. (1) Any election pursuant to 32 this chapter shall be a nonpartisan election held in compliance with section 33 34-106, Idaho Code, or section 50-429, Idaho Code. Except as otherwise specif- 34 ically set forth in this section, the district board shall cause the election 35 to be held and conducted in the same manner prescribed by law for the holding 36 of general elections in this state, including chapter 14, title 34, Idaho 37 Code, and shall call the election by posting notices in three (3) public 38 places within the boundaries of the district not less than thirty (30) days 39 before the election. Notice shall also be published twice, the first time not 40 less than twelve (12) days prior to the election and the second time not less 41 than five (5) days prior to the election, in a newspaper of general circula- 42 tion in each county or city in which the proposed district is located. The 43 notice shall state: 44 (a) The place of holding the election; 45 (b) Subject to section 34-1409, Idaho Code, the hours of the day during 46 which the polls will be open; 47 (c) If the election is a bond election, whether the bonds are general 48 obligation bonds or revenue bonds, the total principal amount of bonds to 49 be authorized, whether the bonds will be issued in series, the maximum 50 rate of interest to be paid on the bonds and the maximum term of the 51 bonds, not exceeding thirty (30) years; 52 (d) If the election is an election to change or eliminate an existing 53 tax, the maximum tax amount to be imposed, as a result of the change or 13 1 elimination; 2 (e) The purposes for which property taxes will be imposed, and the reve- 3 nues raised will be used, including a description of the public infra- 4 structure improvements to be financed with tax revenues, district reve- 5 nues or bond proceeds; 6 (f) That the imposition of property taxes will result in a lien for the 7 payment thereof on property within the district; and 8 (g) That a general plan is on file with the county clerk of each county 9 in which the district is located. 10 (2) The district board shall determine the date of the election and the 11 polling place(s) for the election. The district board may establish, change, 12 and consolidate election precincts within the district, as it deems necessary 13 and appropriate, and shall define precinct boundaries. 14 (3) Subject to section 50-3002(6) and (9), Idaho Code, the current prop- 15 erty rolls for the district and current voter lists in effect at the time that 16 the election has begun shall be used to determine the qualified electors. If 17 the district includes land lying partly in and partly out of any precinct, the 18 voter lists may contain the names of all electors in the precinct, and the 19 precinct boards at those precincts shall require that a prospective elector 20 execute an affidavit stating that the elector is also a qualified elector. 21 (4) If the district is to be located within two (2) or more counties 22 and/or cities, the election shall be held on the same day in each jurisdic- 23 tion. 24 (5) The ballot material provided to each voter shall include: 25 (a) For an election concerning the issuance of bonds, an impartial 26 description of the bonds to be issued and an impartial description of the 27 property taxes to be imposed, the method of apportionment, collection and 28 enforcement and other details sufficient to enable each qualified elector 29 to reasonably estimate the amount of tax it will be obligated to pay; and 30 a statement that the issuance of the bonds and the imposition of property 31 taxes is for the provision of certain, but not necessarily all, public in- 32 frastructure improvements that may be needed or desirable within the dis- 33 trict, and that other taxes or assessments by other governmental entities 34 may be presented for approval by qualified electors; and 35 (b) For an election to change an existing maximum or eliminate an exist- 36 ing tax, an impartial description of the change or elimination. 37 (6) Within ten (10) days after an election, the district board shall meet 38 and canvass the returns, and declare the results thereof. At least a two- 39 thirds (2/3) majority of the votes cast at the election shall be required for 40 issuing bonds or changing an existing tax; provided however, that with respect 41 to issuance of revenue bonds pursuant to the authority of and in compliance 42 with the requirements of section 3, article VIII of the constitution of the 43 state of Idaho, only the assent of a majority of the qualified electors voting 44 at the election shall be required. The canvass may be continued for an addi- 45 tional period not to exceed thirty (30) days after the election of the dis- 46 trict board for the purpose of completing the canvass. Failure of a required 47 majority to vote in favor of the matter submitted shall not prejudice the sub- 48 mission of the same or similar matters at a later election. The canvass of any 49 general obligation bond election shall be filed and recorded in each county in 50 which the district is located. 51 (7) In any election held pursuant to this chapter, every voter may vote 52 at any election held pursuant to this chapter, but shall be entitled to cast 53 only one (1) vote. Each resident qualified elector shall be entitled to one 54 (1) vote. An owner qualified elector who is also a resident qualified elector 55 shall be entitled to vote only as a resident qualified elector, and shall not 14 1 be entitled to an additional vote as a result of also being an owner. Each 2 owner qualified elector shall be entitled to one (1) vote, and when record 3 title is held in more than one (1) name, the owners shall file with the clerk 4 of the district at or prior to the election a designation in writing of which 5 one of the owners shall be deemed the owner for purposes of voting. 6 (8) In conducting an election, the polling official may require evidence 7 of ownership of property and designation of the power to exercise the vote of 8 any owner consistent with the provisions of this section and section 9 50-3002(9), Idaho Code. 10 50-3012. DISTRICT TAXES. (1) Each year, prior to the time for the certi- 11 fication required under section 50-3013, Idaho Code, the district board may 12 levy a tax upon all taxable real property within the district sufficient to 13 defray the organization, operation and maintenance expenses of the district of 14 up to twenty-four hundredths percent (.24%) of the market value for assessment 15 purposes on all taxable real property within the district, to be used for the 16 purposes of this chapter and for no other purpose. No election shall be 17 required. The levy shall be made by resolution entered upon the minutes of the 18 district board, and it shall be the duty of the clerk of the district, immedi- 19 ately after entry of the resolution in the minutes, to transmit to the board 20 of county commissioners in each county in which the district is located, the 21 certification required under section 50-3013, Idaho Code. Said tax shall then 22 be collected and accounted for at the time and in the form and manner as other 23 taxes are collected and accounted for under the laws of this state. 24 (2) Upon presentation to the district board of a petition signed by the 25 owners of a majority of the land area of the district, the district board 26 shall adopt a resolution to reduce or eliminate the portion of the tax, begin- 27 ning the next fiscal year, required for one (1) or more services specified in 28 the petition; provided however, that the district board shall adopt the reso- 29 lution only following its determination that such will not affect the ability 30 of the district to satisfy any obligation of the district for any such ser- 31 vice. Signatures on a petition to reduce or eliminate such tax shall be valid 32 for a period of sixty (60) days. 33 50-3013. ANNUAL FINANCIAL STATEMENTS AND ESTIMATES -- ANNUAL BUDGET -- 34 CERTIFICATION. (1) When levying property taxes, and prior to certification of 35 same to the county commissioners, the district board shall make annual state- 36 ments and estimates of the operation and maintenance expenses of the district, 37 the costs of public infrastructure improvements to be financed by the prop- 38 erty tax and the amount of all other expenditures for public infrastructure 39 improvements proposed to be paid from the property tax and of the amount to be 40 raised to pay general obligation bonds of the district, all of which shall be 41 provided for by the levy and collection of property taxes. The annual esti- 42 mates prepared by the district board shall include an amount determined by the 43 district board, in consultation with the county tax collector, to defray the 44 cost imposed upon the county tax collector's office for any additional admin- 45 istrative services that will be required in the collection of and accounting 46 for such district property taxes. Such additional cost shall be for those ser- 47 vices not otherwise included in the general tax collection and accounting ser- 48 vices already provided by the county tax collector's office and otherwise paid 49 for by property tax revenues, and shall be reasonably related to, but shall 50 not exceed, the actual cost of the additional administrative services pro- 51 vided. The district board shall file the annual statements and estimates with 52 the district clerk, and, not later than the time required by section 63-802A, 53 Idaho Code, shall set, and notify the county clerk of, the date and location 15 1 set for the annual budget hearing of the district. The district board shall 2 publish a notice of the filing of the estimate, shall hold a public hearing on 3 the portion of the estimate not relating to debt service on general obligation 4 bonds and shall adopt a budget. Notice of the budget hearing shall be posted 5 at least ten (10) full days prior to the date of said meeting in at least one 6 (1) conspicuous place within the district to be determined by the district 7 board; a copy of the notice shall also be published in a newspaper of general 8 circulation in the county or city in which the proposed district is located, 9 in one (1) issue thereof, during such ten (10) day period. The place, hour and 10 day of the hearing shall be specified in said notice, as well as the place 11 where the budget may be examined prior to the hearing. A full and complete 12 copy of the proposed budget shall be published with and as a part of the pub- 13 lication of the notice of hearing. The budget shall be available for public 14 inspection from and after the date of the posting of notices of hearing as in 15 this section provided, at such place and during such business hours as the 16 district board may direct. A quorum of the district board shall attend the 17 hearing and explain the proposed budget and hear any and all objections to the 18 proposed budget. The district board at the time of the certification required 19 under subsection (2) of this section shall file with the board of county com- 20 missioners in each county in which the district is located a certified copy of 21 the annual budget as previously prepared, approved and adopted. 22 (2) The district board, having determined the total amount required from 23 property taxes upon all taxable real property within the district to raise the 24 amount of money fixed by the annual budget, including the amount of money 25 needed to satisfy annual bond payments, shall cause the amount of money so 26 determined to be certified in dollars to the board of county commissioners in 27 each county in which the district is located not later than the time required 28 for certification under section 63-803, Idaho Code. Said certification shall 29 list separately each tax levy if more than one (1), and the purpose of each 30 thereof, and shall otherwise comply with the requirements of section 63-803, 31 Idaho Code. 32 (3) Following such certification to the county commissioners, district 33 property taxes shall then be collected and accounted for at the time and in 34 the form and manner as other taxes are collected and accounted for under the 35 laws of this state. Except as specifically provided otherwise in this chapter, 36 all statutes of this state relating to the levy, collection, settlement and 37 payment of property taxes, including the collection of delinquent taxes and 38 sale of property for nonpayment of taxes, apply to district property taxes. 39 50-3014. DISSOLUTION OF DISTRICT. (1) The district shall be dissolved by 40 the district board by a resolution of the district board upon a determination 41 that each of the following conditions exist: 42 (a) All public infrastructure improvements owned by the district have 43 been, or provision has been made for all public infrastructure improve- 44 ments to be, conveyed either to a county or city in which the district is 45 located, or to a public district or other authority authorized by the laws 46 of this state to own such public infrastructure improvements; 47 (b) Either the district has no outstanding bond obligations or a county, 48 city or public district or other authority authorized by the laws of this 49 state to do so, has assumed all of the outstanding bond obligations of the 50 district; and 51 (c) All obligations of the district pursuant to any contracts or agree- 52 ments entered into by the district have been satisfied. 53 (2) All property within the district that is subject to the lien of dis- 54 trict taxes shall remain subject to the lien for the payment of general obli- 16 1 gation bonds, notwithstanding dissolution of the district. The district shall 2 not be dissolved if any revenue bonds of the district remain outstanding 3 unless an amount of money sufficient, together with investment income thereon, 4 to make all payments due on the revenue bonds either at maturity or prior 5 redemption has been deposited with a trustee or escrow agent and pledged to 6 the payment and redemption of the bonds. The district may continue to operate 7 after dissolution only as needed to collect money and make payments on any 8 outstanding bonds. 9 (3) The district shall send a notice of dissolution to the governing body 10 or bodies, the county assessor of each county in which the district is 11 located, and the state tax commission. The district shall also record a notice 12 of dissolution with the county clerk in each county in which the district is 13 located. 14 (4) Subject to the foregoing provisions of this section, if upon dissolu- 15 tion of the district there remain any excess moneys of the district, the dis- 16 trict board shall, by resolution, cause the same to be paid to the county 17 treasurer of each county in which the district is located to be distributed 18 among the cities and counties in which the district is located in proportion 19 to which said cities and counties receive property tax revenues generally. 20 50-3015. EXEMPTIONS AND EXCLUSIONS. (1) All public utilities, as defined 21 in section 61-129, Idaho Code, shall be exempt from taxation under this chap- 22 ter. 23 (2) No railroad right-of-way may be included within a public infrastruc- 24 ture improvements district without the consent of the railroad. 25 (3) No personal property within a public infrastructure improvements dis- 26 trict shall be subject to taxation under this chapter. 27 50-3016. LIMITATION OF LIABILITY. Neither any member of the district 28 board nor any person acting on behalf of the district, while acting within the 29 scope of his or her authority, shall be subject to any personal liability for 30 any action taken or omitted within that scope of authority. 31 50-3017. APPEAL -- EXCLUSIVE REMEDY -- CONCLUSIVENESS. Any person in 32 interest who feels aggrieved by the final decision of a governing body or a 33 district board in the formation or governing of a district including, without 34 limitation, with respect to any tax levy or bond, may within thirty (30) days 35 after such final decision seek judicial review by filing a written notice of 36 appeal with the clerk of the district and with the clerk of the district court 37 for the judicial district in which a majority of the land area of the district 38 is located. After said thirty (30) day period has run, no one shall have any 39 cause or right of action to contest the legality, formality or regularity of 40 said decision for any reason whatsoever and, thereafter, said decision shall 41 be considered valid and uncontestable without limitation, and the validity, 42 legality and regularity of any such decision shall be conclusively presumed. 43 Without limitation on the foregoing, if the question of validity of any bonds 44 issued pursuant to this chapter is not raised on appeal as aforesaid, the 45 authority to issue the bonds, the legality thereof and of the levies necessary 46 to pay the same shall be conclusively presumed and no court shall thereafter 47 have authority to inquire into such matters. 48 50-3018. CONSISTENCY WITH STATE LAW. (1) A public infrastructure improve- 49 ments district shall develop public infrastructure improvements consistent 50 with the general plan and in compliance with the requirements of chapter 13, 51 title 50, Idaho Code, and chapter 65, title 67, Idaho Code. 17 1 (2) A public infrastructure improvements district shall be deemed to be 2 of the same nature and afforded the same treatment as a local improvements 3 district for purposes of application of section 33-901, Idaho Code, section 4 58-336, Idaho Code, section 67-8209(1), Idaho Code, and section 67-8214(6), 5 Idaho Code. 6 50-3019. LIBERAL INTERPRETATION. The public infrastructure improvements 7 district act, being necessary for the welfare of this state and its inhabit- 8 ants, shall be liberally construed to effect the purposes of the act. 9 50-3020. SEVERABILITY. The provisions of this chapter are hereby declared 10 to be severable and if any provision or the application of the provision to 11 any person or circumstance is declared invalid for any reason, such declara- 12 tion shall not affect the validity of the remaining portions of this chapter.
STATEMENT OF PURPOSE RS14723C1 Relating to taxation and to local government, this legislation provides for the formation of a public infrastructure improvements district by a petition filed by 100% of the owners of all the land in which the proposed district would be located. A district would be formed for the purpose of building new public infrastructure improvements to serve new growth and development, and to provide for the payment of those costs by the new growth and development. The formation petition would be filed with the county commissioners or the city council of the county or city in which the proposed district would be located. A district would be governed by a district board comprised of the members of the board of county commissioners or the city council of the county or city in which the district would be located. After formation, a district would be able to issue general obligation and revenue bonds, following notice, hearing and election. General obligation bonds would require a 2/3rd super majority vote of the qualified electors of the district. Revenue bonds would require either a 2/3rd majority or a simple majority, as controlled by Article VIII section 3 of the Idaho Constitution. This legislation will promote and accommodate orderly growth and development in both rural and non-rural areas. This legislation provides a mechanism for paying for infrastructure for the property within the district. Only the property within the district that is specially benefited by those improvements will pay the cost of those improvements. Fiscal impact This bill will have no impact on the general fund and no fiscal impact on local government. CONTACT: Name: Mike Brassey Phone: 336-7930 STATEMENT OF PURPOSE/FISCAL NOTE H 251