2005 Idaho Code - 67-4929 — INCLUSION OR EXCLUSION -- ELECTION PROCEDURE

                                  TITLE  67
                      STATE GOVERNMENT AND STATE AFFAIRS
                                  CHAPTER 49
                             AUDITORIUM DISTRICTS
    67-4929.  INCLUSION OR EXCLUSION -- ELECTION PROCEDURE. Whenever under the
provisions of sections 67-4918 and 67-4919, Idaho Code, owners or owners in
fee of any real property have petitioned for inclusion or exclusion of
property within the district, and the petition has been denied, the
petitioners shall be entitled to an election as provided in this section:
    (a)  A petition may be filed with the county commissioners and shall be
signed by not less than eighty per cent (80%) of the qualified electors
resident within the boundaries of the area proposed to be included or
excluded.
    (b)  Within thirty (30) days after the filing of such petition, the county
commissioners shall determine whether or not the same substantially complies
with the requirements of this section. If the county commissioners find that
there has not been substantial compliance with such requirements, they shall
enter an order to that effect specifying the particular deficiencies and
dismissing the petition. If the county commissioners find that there has been
substantial compliance with such requirements, the county commissioners shall
forthwith enter an order to the effect that the question of the inclusion or
exclusion of property within the district be placed on the ballot at the next
county general election.
    (c)  If the county commissioners order a question to be placed on the
ballot as provided in this section, such election shall be conducted and
notice thereof given as nearly as practicable in accordance with the manner of
general elections in this state.
    (d)  Immediately after such election, the judges at such election shall
forward the ballots and results of such election to the clerk. The county
commissioners shall canvass the vote within ten (10) days after such election.
If one-half (1/2) or more of the votes cast at such election within the
district are in favor of allowing the inclusion or exclusion, the county
commissioners shall enter an order so finding and declaring that the
boundaries of such district are revised as provided by the election. The
county commissioners shall cause one (1) certified copy of such order to be
filed in the office of the county recorder of such county. Immediately upon
the entry of such order, the change in boundaries so ordered shall be
complete.
    (e)  After such election, the validity of the proceedings hereunder shall
not be affected by any defect in the petition or in the number or
qualifications of the signers thereof, and in no event shall any action be
commenced or maintained or defense made affecting the validity of the
inclusion or exclusion of such property after six (6) months has expired from
the date of entering the order declaring the change in boundaries of such
district.
    (f)  The provisions of section 67-4920, Idaho Code, relating to liability
for indebtedness of included or excluded property of a district authorized to
levy and collect ad valorem taxes shall apply to property included or excluded
as provided in this section.