As of Tuesday, January 17, 2017
ELK CITY At the Water & Sewer board meeting on November 1st, under New Business, reference was made to an email from Stuart Hurley concerning looking into becoming a Water & Sewer District instead of an Association in order to obtain additional funding for the system. Then, in the December 6th meeting, further reference was made to the fact the Stuart Hurley called in to discuss the above issue. The board wants the membership to make the decision and it will be brought up at the annual membership meeting in February.
It was agreed to have a “status” meeting for the members about 30 minutes prior to the regular meeting on February 7th. Apparently, Stuart or someone from his office will be in attendance to explain the differences between an association and a district. They will have a one page hand-out for the meeting.
So in light of this important information, for the next couple of issues I will present information on what a water & sewer district is and the statute that governs them.
The State statute governing Water & Sewer Districts can be found in Idaho Title 42, Chapter 32. I encourage everyone on the system to look it up on the internet by going to https://legislature.idaho.gov/statutesrules/idstat/title42/.
This week I will outline some of the statutes and next week, I will do the remainder for those of you who don’t have internet access. I am not quoting directly but summarizing the information.
Section 42-3201 – The responsibility of a water and sewer district is to promote the health, safety, prosperity, and general welfare of the inhabitants.
Section 42-3204 – The organization of a district will be initiated by a petition signed by not less than 10% of the taxpayers of the district who pay a general tax on real property owned by him or her within the district but no single tract or parcel of property containing 5 acres or more may be included in the district without the consent of the owner. If the petition is accepted by the court, the petition will then be submitted to the qualified electors of the district in conformity with the general election.
Water and/or Sewer Districts have the following authority and limitations:
1) Power to tax those within their district (this includes those who may not be directly benefiting from its services).
2) Power to levy tax for the amount of money the board deems required by the district.
3) Power of eminent domain.
4) Power to compel property owners within district onto sewer system.
5) Power to have Idaho County collect taxes and institute procedures when failure to pay occurs (lien your property and liquidate for back taxes)
6) Power to indebt the district, to be paid for by taxation.
More next week…
Anniversaries: Walt and Rachel Smith
Birthdays: Krystyna Sherrer and Gabe McManus.