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State Statutes - Idaho - Title 40 - Chapter 8 - 40-811
Idaho Statutes
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40-811 - LIMITATIONS ON LEVY IN SPECIAL TAX DISTRICTS
No special tax or
charge shall be made by a highway district against land within a special tax
district until the highway has been completed to within at least one (1) mile
of all the land within the special tax district, the highway has been accepted
by the district board, the cost certified, and all the proceedings taken as
specified. All interest payable on the bonds up to that time shall be paid by
the highway district without imposing on the special tax district a special
tax other than its share in the taxation of the highway district as a whole.
After the special tax has been levied the highway district board shall in each
year, at the same time of the tax levy to meet the interest requirements of
bonds, also levy a special tax on the land within every special tax district
then created, in an amount sufficient to pay the interest for that year on the
portion of the bond issue, the indebtedness which shall have been charged
against the special tax district. Whenever the highway district board shall
levy a tax to meet any principal or sinking fund requirement of the bonds,
they shall at the same time levy a special tax on the land within every
special tax district an amount sufficient to pay the principal or sinking fund
requirements for that year on the portion of the bond issue, the indebtedness
of which shall have been charged against the special tax district. All special
taxation within any single special tax district shall be of a uniform amount
per acre within the special tax district. Each installment of principal or
sinking fund tax collected from the taxation of any land within a special tax
district shall be credited on the original assessment of special tax made, and
where all the installments shall have been paid, the special assessment shall
be deemed canceled, paid and discharged. No special tax district shall ever be
called upon to pay as special taxes any sum greater than the amount charged
against the district or the land in the original special assessment and
proportionate share of interest. In making the levy for the requirements of
the bonds, the highway district board shall levy on the district at large only
an amount of taxes in each year as shall be required to meet the requirements
for that year of that portion of the bond issue which has not been charged
against the special tax districts. Should the levy together with the levies on
special tax districts in any year fail to produce sufficient funds to meet the
obligation of the highway district on the whole issue, then the deficiency
shall be paid out of the other revenues of the highway district, and if
necessary, the bond levy shall be increased in the following year to make good
that deficiency. No failure or delay on the part of the highway district in
imposing, levying or collecting the special taxes shall, as between the
district and the bondholders, impair the obligation of the highway district
upon the whole of the bonds.
 
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