(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 as provided in section 50-3112, Idaho Code. Lands within the district that are subject to the lien of property taxes, special assessments or other charges imposed pursuant to this chapter shall not be deleted from the district while there are bonds outstanding that are payable by such taxes, assessments or charges.
Terms Used In Idaho Code 50-3106
- Community infrastructure: means improvements that have a substantial nexus to the district and directly or indirectly benefit the district. See Idaho Code 50-3102
- District: means a community infrastructure district formed pursuant to this chapter. See Idaho Code 50-3102
- District board: means the board of directors of the district. See Idaho Code 50-3102
- General plan: means the general plan described in section 50-3103(1), Idaho Code, as the plan may be amended from time to time. See Idaho Code 50-3102
- Governing body: means the county commissioners or city council that by law is constituted as the governing body of the county or city in which the district is located. See Idaho Code 50-3102
- Lien: A claim against real or personal property in satisfaction of a debt.
- Property: includes both real and personal property. See Idaho Code 73-114
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114
(2) After district formation, an area may be added to the district upon adoption of a resolution of intention to do so by the district board and the approvals of all the owners of the lands to be added and the governing body of each county or city within which such lands are located, subject to notice, hearing and adoption of a resolution in the manner as required for the formation of a district.
(3) If an area is deleted or added under subsection (1) or (2) of this section, the district board shall attend to the recording and filing requirements set forth in 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, cause a copy of the applicable resolution to be recorded with the county clerk in each county in which the district is located, and cause a copy of the applicable resolution to be filed with the state tax commission.
(4) The district board, following notice and hearing in the manner prescribed for the formation hearing, may amend the general plan in any manner that it determines will not substantially reduce the benefits to be received by any land within the district from the community infrastructure upon completion of the work to be performed under the general plan. No election shall be required for the purposes of this subsection.