Idaho State Statutes - Idaho Attorney Directory

40-1406 - POWERS AND DUTIES OF HIGHWAY COMMISSIONERS -- ONE HIGHWAY DISTRICT IN COUNTY -- HIGHWAY POWERS OF CITIES IN COUNTY ABOLISHED -- LAWS IN CONFLICT SUPERSEDED

POWERS AND DUTIES OF HIGHWAY COMMISSIONERS -- ONE HIGHWAY
DISTRICT IN COUNTY -- HIGHWAY POWERS OF CITIES IN COUNTY ABOLISHED -- LAWS IN
CONFLICT SUPERSEDED. The highway commissioners of a county-wide highway
district shall exercise all of the powers and duties provided in chapter 13 of
this title, and are empowered to make highway ad valorem tax levies as
provided by chapter 8, of this title. Only one (1) county-wide highway
district shall be operative within a county where the electorate has voted
affirmatively for the formation of a county-wide highway district. The
district shall specifically be responsible for all county secondary and city
highways and is hereby recognized as a body politic of this state. No city
included within a county-wide highway district shall maintain or supervise any
city highways, or levy any ad valorem taxes for the construction, repair or
maintenance of city highways. No highway district included within a
county-wide highway district, shall maintain any secondary highways or levy
any ad valorem taxes for the construction, repair or maintenance of highways.
Wherever any provisions of the existing laws of the state of Idaho are in
conflict with the provisions of this chapter, the provisions of this chapter
shall control and supersede all such laws. However, within the limits of any
city, the city may expend city funds for the placement, care and removal of
trees, shrubs, grass, and other plants, which are located within the
rights-of-way of any highway of the county-wide highway district.
The commissioners of a county-wide highway district may pass ordinances,
rules, and make all regulations, not repugnant to law, as necessary, for
carrying into effect or discharging all powers and duties conferred to a
county-wide highway district pursuant to this chapter and chapter 13 of this
title. All ordinances created or passed by the commissioners of a county-wide
highway district shall require the affirmative vote of two-thirds (2/3) of the
members of the full county-wide highway district commission. The style of all
ordinances shall be: "BE IT ORDAINED by the board of highway district
commissioners of (........) County, Idaho." All ordinances passed shall,
before they take effect and within one (1) month after they are passed, be
published in at least one (1) issue of a newspaper published in the county or,
if no paper be published in the county, then in some paper having general
circulation therein. After such publication and before its effective date,
such proposed ordinance shall not thereafter be amended in any particular
wherein the amendment shall impose terms, conditions or privileges less
favorable to the county-wide highway district than the proposed ordinance as
published; but amendment favorable to the county-wide highway district may be
made at any time and after publication. All ordinances passed pursuant to this
section by the board of county-wide highway district commissioners may be
proved by a certificate of the secretary of the county-wide highway district
under the seal of the board of the county-wide highway district commissioners
and shall be read and received in evidence in all courts and administrative
proceedings without further proof. If ordinances duly passed are printed or
published in book or pamphlet form by authority of the county-wide highway
district commissioners, the printed or published book or pamphlet shall also
be read and received in evidence in all courts and administrative proceedings
without further proof. The commissioners of the county-wide highway district
may enforce such ordinances by all appropriate administrative or judicial
proceedings.

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