384.24 DEFINITIONS. As used in this division, unless the context otherwise requires: 1. "General obligation bond" means a negotiable bond issued by a city and payable from the levy of unlimited ad valorem taxes on all the taxable property within the city through its debt service fund which is required to be established by section 384.4. 2. "City enterprise" means any of the following, including the real estate, fixtures, equipment, accessories, appurtenances, and all property necessary or useful for the operation of any of the following: a. Parking facilities systems, which may include parking lots and other off-street parking areas, parking ramps and structures on, above, or below the surface, parking meters, both on-street and off-street, and all other fixtures, equipment, accessories, appurtenances, and requisites useful for the successful operation of a parking facilities system. b. Civic centers or civic center systems, which may include auditoriums, music halls, theatres, sports arenas, armories, exhibit halls, meeting rooms, convention halls, or combinations of these. c. Recreational facilities or recreational facilities systems, including, without limitation, real and personal property, water, buildings, improvements, and equipment useful and suitable for administering recreation programs, and also including without limitation, zoos, museums, and centers for art, drama, and music, as well as those programs more customarily identified with the term "recreation" such as public sports, games, pastimes, diversions, and amusement, on land or water, whether or not such facilities are located in or as a part of any public park. d. Port facilities or port facilities systems, including without limitation, real and personal property, water, buildings, improvements and equipment useful and suitable for taking care of the needs of commerce and shipping, and also including without limitation, wharves, docks, basins, piers, quay walls, warehouses, tunnels, belt railway facilities, cranes, dock apparatus, and other machinery necessary for the convenient and economical accommodation and handling of watercraft of all kinds and of freight and passengers. e. Airport and airport systems. f. Solid waste collection systems and disposal systems. g. Bridge and bridge systems. h. Hospital and hospital systems. i. Transit systems. j. Stadiums. k. Housing for persons who are elderly or persons with physical disabilities. l. Child care centers providing child care or preschool services, or both. For purposes of this paragraph, "child care" means providing for the care, supervision, and guidance of a child by a person other than the parent, guardian, relative, or custodian for periods of less than twenty-four hours per day on a regular basis. For purposes of this paragraph, "preschool" means child care which provides to children ages three through five, for periods of time not exceeding three hours per day, programs designed to help the children to develop intellectual skills, and motor skills, and to extend their interest and understanding of the world about them. 3. "Essential corporate purpose" means: a. The opening, widening, extending, grading, and draining of the right-of-way of streets, highways, avenues, alleys, public grounds, and market places, and the removal and replacement of dead or diseased trees thereon; the construction, reconstruction, and repairing of any street improvements; the acquisition, installation, and repair of traffic control devices; and the acquisition of real estate needed for any of the foregoing purposes. b. The acquisition, construction, improvement, and installation of street lighting fixtures, connections, and facilities. c. The construction, reconstruction, and repair of sidewalks and pedestrian underpasses and overpasses, and the acquisition of real estate needed for such purposes. d. The acquisition, construction, reconstruction, extension, improvement, and equipping of works and facilities useful for the collection, treatment, and disposal of sewage and industrial waste in a sanitary manner, for the collection and disposal of solid waste, and for the collection and disposal of surface waters and streams. e. The acquisition, construction, reconstruction, enlargement, improvement, and repair of bridges, culverts, retaining walls, viaducts, underpasses, grade crossing separations, and approaches thereto. f. The settlement, adjustment, renewing, or extension of any part or all of the legal indebtedness of a city, whether evidenced by bonds, warrants, or judgments, or the funding or refunding of the same, whether or not such indebtedness was created for a purpose for which general obligation bonds might have been issued in the original instance. g. The undertaking of any project jointly or in cooperation with any other governmental body which, if undertaken by the city alone, would be for an essential corporate purpose, including the joint purchase, acquisition, construction, ownership, or control of any real or personal property. h. The acquisition, construction, reconstruction, improvement, and extension of works and facilities useful for the control and elimination of any and all sources of air, water, and noise pollution, and the acquisition of real estate needed for such purposes. i. The acquisition, construction, reconstruction, and improvement of all waterways, and real and personal property, useful for the protection or reclamation of property situated within the corporate limits of cities from floods or high waters, and for the protection of property in cities from the effects of flood waters, including the deepening, widening, alteration, change, diversion, or other improvement of watercourses, within or without the city limits, the construction of levees, embankments, structures, impounding reservoirs, or conduits, and the establishment, improvement, and widening of streets, avenues, boulevards, and alleys across and adjacent to the project, as well as the development and beautification of the banks and other areas adjacent to flood control improvements. j. The equipping of fire, police, sanitation, street, and civil defense departments and the acquiring, developing, and improving of a geographic computer data base system suitable for automated mapping and facilities management. k. The acquisition and improvement of real estate for cemeteries, and the construction, reconstruction, and repair of receiving vaults, mausoleums, and other cemetery facilities. l. The acquisition of ambulances and ambulance equipment. m. The reconstruction and improvement of dams already owned. n. The reconstruction, extension, and improvement of an airport owned or operated by the city, an agency of the city, or a multimember governmental body of which the city is a participating member. o. The rehabilitation and improvement of parks already owned, including the removal, replacement and planting of trees in the parks, and facilities, equipment, and improvements commonly found in city parks. p. The rehabilitation and improvement of area television translator systems already owned. q. The aiding in the planning, undertaking, and carrying out of urban renewal projects under the authority of chapter 403, and all of the purposes set out in section 403.12. However, bonds issued for this purpose are subject to the right of petition for an election as provided in section 384.26, without limitation on the amount of the bond issue or the size of the city, and the council shall include notice of the right of petition in the notice required under section 384.25, subsection 2. r. The acquisition, construction, reconstruction, improvement, repair, and equipping of waterworks, water mains, and extensions, and real and personal property, useful for providing potable water to residents of a city. s. The provision of insurance, or funding a self-insurance program or local government risk pool, including but not limited to the investigation and defense of claims, the establishment of reserve funds for claims, the payment of claims, and the administration and management of such self-insurance program or local government risk pool. t. The acquisition, restoration, or demolition of abandoned, dilapidated, or dangerous buildings, structures or properties or the abatement of a nuisance. u. The establishment or funding of programs to provide for or assist in providing for the acquisition, restoration, or demolition of housing, as part of a municipal housing project under chapter 403 or otherwise, or for other purposes as may be authorized under chapter 403A. v. The acquisition of peace officer communication equipment and other emergency services communication equipment and systems. w. The remediation, restoration, repair, cleanup, replacement, and improvement of property, buildings, equipment, and public facilities that have been damaged by a disaster as defined in section 29C.2 and that are located in an area that the governor has proclaimed a disaster emergency or the president of the United States has declared a major disaster. Bonds issued pursuant to section 384.25 for the purposes specified in this paragraph shall be issued not later than ten years after the governor has proclaimed a disaster emergency or the president of the United States has declared a major disaster, whichever is later. x. The reimbursement of the city's general fund or other funds of the city for expenditures made related to remediation, restoration, repair, and cleanup of damage caused by a disaster as defined in section 29C.2, if the damage is located in an area that the governor has proclaimed a disaster emergency or the president of the United States has declared a major disaster. Bonds issued pursuant to section 384.25 for the purposes specified in this paragraph shall be issued not later than ten years after the governor has proclaimed a disaster emergency or the president of the United States has declared a major disaster, whichever is later. 4. "General corporate purpose" means: a. The acquisition, construction, reconstruction, extension, improvement, and equipping of city utilities, city enterprises, and public improvements as defined in section 384.37, other than those which are essential corporate purposes. b. The acquisition, construction, reconstruction, enlargement, improvement, and equipping of community center houses, recreation grounds, recreation buildings, juvenile playgrounds, swimming pools, recreation centers, parks, and golf courses, and the acquisition of real estate therefor. c. The acquisition, construction, reconstruction, enlargement, improvement, and equipping of city halls, jails, police stations, fire stations, garages, libraries, and hospitals, including buildings to be used for any combination of the foregoing purposes, and the acquisition of real estate therefor. d. The acquisition, construction, reconstruction, and improvement of dams at the time of acquisition. e. The removal, replacement, and planting of trees, other than those on public right-of-way. f. The acquisition, purchase, construction, reconstruction, and improvement of greenhouses, conservatories, and horticultural centers for growing, storing, and displaying trees, shrubs, plants, and flowers. g. The acquisition, construction, reconstruction, and improvement of airports at the time of establishment. h. The undertaking of any project jointly or in cooperation with any other governmental body which, if undertaken by the city alone, would be for a general corporate purpose, including the joint purchase, acquisition, construction, ownership, or control of any real or personal property. i. Any other purpose which is necessary for the operation of the city or the health and welfare of its citizens. 5. The "cost" of a project for an essential corporate purpose or general corporate purpose includes construction contracts and the cost of engineering, architectural, technical, and legal services, preliminary reports, property valuations, estimates, plans, specifications, notices, acquisition of real and personal property, consequential damages or costs, easements, rights-of-way, supervision, inspection, testing, publications, printing and sale of bonds, interest during the period or estimated period of construction and for twelve months thereafter or for twelve months after the acquisition date, and provisions for contingencies.
83 Acts, ch 90, § 21; 86 Acts, ch 1211, § 24; 87 Acts, ch 103, §6--8; 89 Acts, ch 182, §10; 89 Acts, ch 189, §3; 96 Acts, ch 1129, § 86; 96 Acts, ch 1204, § 36; 2001 Acts, ch 88, §1, 2; 2008 Acts, ch 1013, §2, 3; 2009 Acts, ch 100, §13, 21 Referred to in § 8F.2, 23A.2, 76.1, 358C.19, 384.25, 384.27, 384.28, 384.80, 384.110, 386.1, 386.12, 389.4, 390.5, 392.1, 411.38 384.24A LOAN AGREEMENTS. A city may enter into loan agreements to borrow money for any public purpose in accordance with the following terms and procedures: 1. A loan agreement entered into by a city may contain provisions similar to those sometimes found in loan agreements between private parties, including, but not limited to, the issuance of notes to evidence its obligations. 2. A provision of a loan agreement which stipulates that a portion of the payments be applied as interest is subject to chapter 74A. Other laws relating to interest rates do not apply. Chapter 75 is not applicable. A city utility or city enterprise is a separate entity under this section whether it is governed by the governing body of the city or another governing body. 3. The governing body shall follow substantially the same authorization procedure required for the issuance of general obligation bonds issued for the same purpose to authorize a loan agreement made payable from the debt service fund. 4. The governing body may authorize a loan agreement which is payable from the general fund if the loan agreement would not cause the total of scheduled annual payments of principal or interest or both principal and interest due from the general fund in any single future fiscal year with respect to all loan agreements in force on the date of the authorization to exceed ten percent of the last certified general fund budget amount in accordance with the following procedures: a. The governing body must follow substantially the authorization procedures of section 384.25 to authorize a loan agreement for personal property which is payable from the general fund. The governing body must follow substantially the authorization procedures of section 384.25 to authorize a loan agreement for real property which is payable from the general fund if the principal amount of the loan agreement does not exceed the following limits: (1) Four hundred thousand dollars in a city having a population of five thousand or less. (2) Seven hundred thousand dollars in a city having a population of more than five thousand but not more than seventy-five thousand. (3) One million dollars in a city having a population of more than seventy-five thousand. b. The governing body must follow the following procedures to authorize a loan agreement for real property which is payable from the general fund if the principal amount of the loan agreement exceeds the limits set forth in paragraph "a": (1) The governing body must institute proceedings to enter into a loan agreement payable from the general fund by causing a notice of the meeting to discuss entering into the loan agreement, including a statement of the principal amount and purpose of the loan agreement and the right to petition for an election, to be published at least once in a newspaper of general circulation within the city at least ten days prior to the discussion meeting. No sooner than thirty days following the discussion meeting shall the governing body hold a meeting at which it is proposed to take action to enter into the loan agreement. (2) If at any time before the end of the thirty-day period after which a meeting may be held to take action to enter into the loan agreement, a petition is filed with the clerk of the city in the manner provided by section 362.4, asking that the question of entering into the loan agreement be submitted to the registered voters of the city, the governing body shall either by resolution declare the proposal to enter into the loan agreement to have been abandoned or shall direct the county commissioner of elections to call a special election upon the question of entering into the loan agreement. However, for purposes of this paragraph, the petition shall not require signatures in excess of one thousand persons. The question to be placed on the ballot shall be stated affirmatively in substantially the following manner: Shall the city of .... enter into a loan agreement in amount of $.... for the purpose of ....? Notice of the election and its conduct shall be in the manner provided in section 384.26, subsections 2 through 4. (3) If a petition is not filed or if a petition is filed and the proposition of entering into the loan agreement is approved at an election, the governing body may proceed and enter into the loan agreement. 5. The governing body may authorize a loan agreement payable from the net revenues of a city utility, combined utility system, city enterprise, or combined city enterprise by following the authorization procedures of section 384.83. 6. A loan agreement to which a city is a party or in which the city has a participatory interest is an obligation of a political subdivision of this state for the purposes of chapters 502 and 636, and is a lawful investment for banks, trust companies, building and loan associations, savings and loan associations, investment companies, insurance companies, insurance associations, executors, guardians, trustees, and any other fiduciaries responsible for the investment of funds. Section History: Recent Form
87 Acts, ch 103, §9; 92 Acts, ch 1138, §5; 95 Acts, ch 67, §53; 2009 Acts, ch 100, §14, 21 Referred to in § 357A.11, 389.4, 390.5 384.25 GENERAL OBLIGATION BONDS FOR ESSENTIAL PURPOSES. 1. A city which proposes to carry out any essential corporate purpose within or without its corporate limits, and to contract indebtedness and issue general obligation bonds to provide funds to pay all or any part of the cost of a project must do so in accordance with the provisions of this division. 2. Before the council may institute proceedings for the issuance of bonds for an essential corporate purpose, a notice of the proposed action, including a statement of the amount and purposes of the bonds, and the time and place of the meeting at which the council proposes to take action for the issuance of the bonds, must be published as provided in section 362.3. At the meeting, the council shall receive oral or written objections from any resident or property owner of the city. After all objections have been received and considered, the council may, at that meeting or any adjournment thereof, take additional action for the issuance of the bonds or abandon the proposal to issue the bonds. Any resident or property owner of the city may appeal the decision of the council to take additional action to the district court of the county in which any part of the city is located, within fifteen days after the additional action is taken, but the additional action of the council is final and conclusive unless the court finds that the council exceeded its authority. The provisions of this subsection with respect to notice, hearing, and appeal, are in lieu of the provisions contained in chapter 73A, or any other law. 3. a. Notwithstanding subsection 2, a council may institute proceedings for the issuance of bonds for an essential corporate purpose specified in section 384.24, subsection 3, paragraph "w" or "x", in an amount equal to or greater than three million dollars by causing a notice of the proposal to issue the bonds, including a statement of the amount and purpose of the bonds, together with the maximum rate of interest which the bonds are to bear, and the right to petition for an election, to be published at least once in a newspaper of general circulation within the city at least ten days prior to the meeting at which it is proposed to take action for the issuance of the bonds. b. If at any time before the date fixed for taking action for the issuance of the bonds, a petition is filed with the clerk of the city signed by eligible electors of the city equal in number to twenty percent of the persons in the city who voted for the office of president of the United States at the last preceding general election that had such office on the ballot, asking that the question of issuing the bonds be submitted to the registered voters of the city, the council shall either by resolution declare the proposal to issue the bonds to have been abandoned or shall direct the county commissioner of elections to call a special election upon the question of issuing the bonds. Notice of the election and its conduct shall be in the manner provided in section 384.26. c. If a petition is not filed, or if a petition is filed and the proposition of issuing the bonds is approved at an election, the council may proceed with the authorization and issuance of the bonds.
2009 Acts, ch 100, §15, 21 Referred to in § 28E.17, 364.4, 384.24, 384.24A, 384.71, 386.11, 389.4, 390.5 384.26 GENERAL OBLIGATION BONDS FOR GENERAL PURPOSES. 1. A city which proposes to carry out any general corporate purpose within or without its corporate limits, and to contract indebtedness and issue general obligation bonds to provide funds to pay all or any part of the costs of a project, must do so in accordance with the provisions of this division. 2. Before the council may institute proceedings for the issuance of bonds for a general corporate purpose, it shall call a special city election to vote upon the question of issuing the bonds. At the election the proposition must be submitted in the following form: Shall the ............ (insert the name of the city) issue its bonds in an amount not exceeding the amount of $.... for the purpose of ..........? 3. Notice of the election must be given by publication as required by section 49.53 in a newspaper of general circulation in the city. At the election the ballot used for the submission of the proposition must be in substantially the form for submitting special questions at general elections. 4. The proposition of issuing general corporate purpose bonds is not carried or adopted unless the vote in favor of the proposition is equal to at least sixty percent of the total vote cast for and against the proposition at the election. If the proposition of issuing the general corporate purpose bonds is approved by the voters, the city may proceed with the issuance of the bonds. 5. a. Notwithstanding the provisions of subsection 2, a council may, in lieu of calling an election, institute proceedings for the issuance of bonds for a general corporate purpose by causing a notice of the proposal to issue the bonds, including a statement of the amount and purpose of the bonds, together with the maximum rate of interest which the bonds are to bear, and the right to petition for an election, to be published at least once in a newspaper of general circulation within the city at least ten days prior to the meeting at which it is proposed to take action for the issuance of the bonds subject to the following limitations: (1) In cities having a population of five thousand or less, in an amount of not more than four hundred thousand dollars. (2) In cities having a population of more than five thousand and not more than seventy-five thousand, in an amount of not more than seven hundred thousand dollars. (3) In cities having a population in excess of seventy- five thousand, in an amount of not more than one million dollars. b. If at any time before the date fixed for taking action for the issuance of the bonds, a petition is filed with the clerk of the city in the manner provided by section 362.4, asking that the question of issuing the bonds be submitted to the registered voters of the city, the council shall either by resolution declare the proposal to issue the bonds to have been abandoned or shall direct the county commissioner of elections to call a special election upon the question of issuing the bonds. Notice of the election and its conduct shall be in the manner provided in the preceding subsections of this section. c. If no petition is filed, or if a petition is filed and the proposition of issuing the bonds is approved at an election, the council may proceed with the authorization and issuance of the bonds.
92 Acts, ch 1138, §6; 95 Acts, ch 67, §53 Referred to in § 28E.17, 364.4, 384.24, 384.24A, 384.25, 384.28, 384.71, 389.4, 390.5 384.27 SALE OF BONDS. 1. A city may sell general obligation bonds at public or private sale in the manner prescribed by chapter 75. 2. General obligation funding or refunding bonds issued for the purposes specified in section 384.24, subsection 3, paragraph "f," may be exchanged for the evidences of the legal indebtedness being funded or refunded, or such funding or refunding bonds may be sold in the manner prescribed by chapter 75 and the proceeds applied to the payment of such indebtedness. Funding or refunding bonds may bear interest at the same rate as, or at a higher or lower rate or rates of interest than the indebtedness being funded or refunded.
Section History: Early Form
[C97, § 910; C24, 27, 31, 35, 39, § 6258, 6259; C46, 50, 54, 58, 62, 66, § 408.7, 408.8; C71, 73, § 378A.11, 408.7, 408.8; C75, 77, 79, 81, § 384.27] Referred to in § 389.4, 390.5 384.28 CATEGORIES FOR GENERAL OBLIGATION BONDS. A city may issue general obligation bonds pursuant to a resolution adopted at a regular or special meeting by a majority of the total number of members to which the council is entitled. Each paragraph of section 384.24, subsections 3 and 4 describes a separate category. Separate categories of essential corporate purposes and of general corporate purposes may be incorporated in a single notice of intention to institute proceedings for the issuance of bonds, or separate categories may be incorporated in separate notices, and after an opportunity has been provided for filing objections, or after a favorable election has been held, if required, the council may include in a single resolution and sell as a single issue of bonds, any number or combination of essential corporate purposes or general corporate purposes. If an essential corporate purpose is combined with a general corporate purpose in a single notice of intention to institute proceedings to issue bonds, then the entire issue is subject to the referendum requirement provided in section 384.26. Definitions of city enterprises, essential corporate purposes, and general corporate purposes are not mutually exclusive and shall be liberally construed. The detailing of examples is not intended to modify or restrict the meaning of general words used. If a project or activity may be reasonably construed to be included in more than one classification, the council may elect at any time between the classifications and the procedures respectively applicable to each classification.
Section History: Early Form
[C75, 77, 79, 81, § 384.28]
Section History: Recent Form
83 Acts, ch 90, § 22 Referred to in § 389.4, 390.5 384.29 FORM OF BONDS. As provided by resolution of the council, general obligation bonds may: 1. Bear dates. 2. Bear interest at rates not exceeding the limitations imposed by chapter 75. 3. Mature in one or more installments. 4. Be in either coupon or registered form. 5. Carry registration and conversion privileges. 6. Be payable as to principal and interest at times and places. 7. Be subject to terms of redemption prior to maturity with or without premium. 8. Be in one or more denominations. 9. Be designated with a brief reference to purpose, or if issued for a combination of purposes, be designated "corporate purpose bond". 10. Contain other provisions not in conflict with the laws of the state of Iowa.
Section History: Early Form
[C97, § 908; C24, 27, 31, 35, 39, § 6255; C46, 50, 54, 58, 62, 66, 71, 73, § 408.4; C75, 77, 79, 81, § 384.29] Referred to in § 386.11, 389.4, 390.5 384.30 EXECUTION. General obligation bonds must be executed by the mayor and city clerk. If coupons are attached to the bonds, they must be executed with the original or facsimile signature of the clerk. A general obligation bond is valid and binding if it bears the signatures of the officers in office on the date of the execution of the bonds, notwithstanding that any or all such persons whose signatures appear thereon have ceased to be such officers prior to the delivery thereof.
Section History: Early Form
[C97, § 907; C24, 27, 31, 35, 39, § 6254; C46, 50, 54, 58, 62, 66, 71, 73, § 408.3; C75, 77, 79, 81, § 384.30] Referred to in § 386.11, 389.4, 390.5 384.31 NEGOTIABLE. General obligation bonds issued pursuant to this part are negotiable instruments.
Section History: Early Form
[C75, 77, 79, 81, § 384.31] Referred to in § 386.11, 389.4, 390.5 384.32 TAX TO PAY. Taxes for the payment of general obligation bonds must be levied in accordance with chapter 76, and the bonds are payable from the levy of unlimited ad valorem taxes on all the taxable property within the city through its debt service fund authorized by section 384.4.
Section History: Early Form
[C97, § 852--855, 912; S13, § 741-w2, 758-b, 849-j, 850-c, -e, -f, 912-a, 1056-a43, -a63, -a64, -a65; SS15, § 840-g, -p, 997-c; C24, 27, 31, § 5793--5795, 5800--5804, 5878--5881, 5902, 6103, 6261--6263, 6265, 6594, 6595, 6608, 6746; C35, § 5793--5795, 5800--5804, 5878--5881, 5902, 6103, 6261--6263, 6265, 6578-b1, 6594, 6595, 6608, 6746; C39, § 5793--5795, 5800--5804, 5878--5881, 5902, 6103, 6261--6263, 6265, 6578.1, 6594, 6595, 6608, 6746; C46, 50, § 370.7--370.9, 370.15--370.19, 381.5--381.8, 384.3, 395.25, 408.10--408.14, 408.16, 416.104, 416.122, 416.123, 416.138, 420.57; C54, 58, § 368.16, 368.29, 368.32, 370.7, 381.7, 384.3, 390.14, 395.25, 404.18, 408.17; C62, 66, § 368.16, 368.29, 368.32, 370.7, 381.7, 384.3, 390.13, 395.25, 404.19, 408.17; C71, 73, § 368.16, 368.29, 368.32, 370.7, 378A.11, 381.7, 384.3, 390.13, 395.25, 404.19, 408.17; C75, 77, 79, 81, § 384.32] Referred to in § 389.4, 390.5 384.33 ACTION. No action may be brought which questions the legality of general obligation bonds or the power of the city to issue the bonds or the effectiveness of any proceedings relating to the authorization and issuance of the bonds from and after sixty days from the time the bonds are ordered issued by the city.
Section History: Early Form
[C71, 73, § 378A.13; C75, 77, 79, 81, § 384.33] Referred to in § 389.4, 390.5 384.34 LOCAL BUDGET LAW. The provisions of division II of this chapter do not apply to any bonds issued pursuant to this division.
Section History: Early Form
[C75, 77, 79, 81, § 384.34] Referred to in § 389.4, 390.5 384.35 RULE OF CONSTRUCTION. The enumeration in this division of specified powers and functions is not a limitation of the powers of cities, but the provisions of this division and the procedures prescribed for exercising the powers and functions enumerated in this division shall control and govern in the event of any conflict with the provisions of any other section, division or chapter of the city code or with the provisions of any other law.
Section History: Early Form
[C75, 77, 79, 81, § 384.35] Referred to in § 389.4, 390.5 384.36 PRIOR PROCEEDINGS. Projects and proceedings for the issuance of general obligation bonds commenced before the effective date of the city code may be consummated and completed as required or permitted by any statute or other law amended or repealed by the city code as though the repeal or amendment had not occurred, and the rights, duties, and interests flowing from such projects and proceedings remain valid and enforceable. Without limiting the foregoing, projects commenced prior to the effective date may be financed by the issuance of general obligation bonds under any such amended or repealed law or by the issuance of general obligation bonds under the city code. For the purposes of this section, commencement of a project includes but is not limited to action taken by the council or authorized officer to fix a date for a hearing in connection with any part of the project, and commencement of proceedings for the issuance of general obligation bonds includes but is not limited to action taken by the council to fix a date for either a hearing or a sale in connection with any part of the general obligation bonds, or to order any part thereof to be issued.
Section History: Early Form
[C75, 77, 79, 81, § 384.36] Referred to in § 389.4, 390.5 384.37 DEFINITIONS. As used in this division, unless the context otherwise requires: 1. "Abutting lot" means a lot which abuts or joins the street in which the public improvement is located or which abuts the right-of-way of the public improvement. 2. "Adjacent lot" means a lot within the district which does not abut upon the street or right-of-way of the public improvement. 3. "Construction" includes materials, labor, acts, operations and services necessary to complete a public improvement. 4. "District" means the lots or parts of lots within boundaries established by the council for the purpose of the assessment of the cost of a public improvement. 5. "Engineer" means a professional engineer, licensed in the state of Iowa, authorized by the council to render services in connection with the public improvement. 6. "Final grade" means the grade to which the public improvement is proposed to be constructed or repaired as shown on the final plans adopted by the council. 7. "Grade" means the longitudinal reference lines, as established by ordinance of the council, which designate the elevations at which a street or sidewalk is to be built. 8. "Gravel" includes gravel, crushed rock, cinders, shale and similar materials suitable for street construction or repair. 9. "Lateral sewer" means a sewer which contributes sewage, or surface or groundwater from a local area to a main sewer or outlet. 10. "Lot" means a parcel of land under one ownership, including improvements, against which a separate assessment is made. Two or more contiguous parcels under common ownership may be treated as one lot for purposes of this division if the parcels bear common improvements or if the council finds that the parcels have been assembled into a single unit for the purpose of use or development. 11. "Main sewer" means a sewer which serves as an outlet for two or more lateral sewers, and which is commonly referred to as an intercepting sewer, outfall sewer or trunk sewer. 12. "Oil" means any asphaltic or bituminous material suitable for street construction or repair. 13. "Parking facilities" means parking lots or other off-street areas for the parking of vehicles, including areas below or above the surface of streets. 14. "Paving" means any kind of hard street surface, including, but not limited to, concrete, bituminous concrete, brick, stabilized gravel, or combinations of these, together with or without curb and gutter. 15. "Private property" means all property within the district except streets. 16. "Property owner" or "owner" means the owner or owners of property, as shown by the transfer books in the office of the county auditor of the county in which the property is located. 17. "Proposal" means a legal bid on work advertised for a public improvement under chapter 26. 18. "Publication" means public notice given in the manner provided in section 362.3. 19. "Public improvement" includes the principal structures, works, component parts and accessories of any of the following: a. Sanitary, storm and combined sewers. b. Drainage conduits, channels and levees. c. Street grading, paving, graveling, macadamizing, curbing, guttering, and surfacing with oil, oil and gravel or chloride. d. Street lighting fixtures, connections and facilities. e. Sewage pumping stations, and disposal and treatment plants. f. Underground gas, water, heating, sewer and electrical connections located in streets for private property. g. Sidewalks and pedestrian underpasses or overpasses. h. Drives and driveway approaches located within the public right-of-way. i. Waterworks, water mains and extensions. j. Plazas, arcades and malls. k. Parking facilities. l. Removal of diseased or dead trees from any public place, publicly owned right-of-way or private property. m. Traffic-control devices, fixtures, connections, and facilities. 20. "Railways" means all railways except street railways. 21. "Repair" includes materials, labor, acts, operations and services necessary for the repair, reconstruction, reconstruction by widening or resurfacing of a public improvement. 22. "Sewer" means structures designed, constructed and used for the purpose of controlling or carrying off streams, surface waters, waste or sanitary sewage. 23. "Sewer systems" are composed of the main sewers, sewage pumping stations, treatment and disposal plants, lateral sewers, drainage conduits or channels and sewer connections in public streets for private property. 24. "Street" means a public street, highway, boulevard, avenue, alley, parkway, public place, plaza, mall or publicly owned right-of-way or easement within the limits of the city. 25. "Street improvement" means the construction or repair of a street by grading, paving, curbing, guttering, and surfacing with oil, oil and gravel, or chloride, and street lighting fixtures, connections and facilities. 26. "Total cost" or "cost" of a public improvement includes the cost of engineering, preliminary reports, property valuations, estimates, plans, specifications, notices, legal services, acquisition of land, consequential damages or costs, easements, rights-of-way, construction, repair, supervision, inspection, testing, notices and publication, interest during construction and for not more than six months thereafter, and printing and sale of bonds.
83 Acts, ch 90, § 23; 92 Acts, ch 1176, §1; 2007 Acts, ch 126, §61; 2007 Acts, ch 144, §17 Referred to in § 298.3, 331.485, 384.24, 384.44, 386.1, 468.585, 669.14, 670.4 384.38 CERTAIN COSTS ASSESSED TO PRIVATE PROPERTY. 1. A city may assess to private property within the city the cost of construction and repair of public improvements within the city, and main sewers, sewage pumping stations, disposal and treatment plants, waterworks, water mains, extensions, and drainage conduits extending outside the city. 2. Upon petition as provided in section 384.41, subsection 1, a city may assess to private property affected by public improvements within three miles of the city's boundaries the cost of construction and repair of public improvements within that area. The right-of-way of a railway company shall not be assessed unless the company joins as a petitioner for said improvements. In the petition the property owners shall waive the limitation provided in section 384.62 that an assessment shall not exceed twenty-five percent of the value of the lot. The petition shall contain a statement that the owners agree to pay the city an amount equal to five percent of the cost of the improvements, to cover administrative expenses incurred by the city. This amount may be added to the cost of the improvements. Before the council may adopt the resolution of necessity, the preliminary resolution, preliminary plans and specifications, plat, schedule, and estimate of cost must be submitted to, and receive written approval from, the board of supervisors of any county which contains part of the property, and the city development board established in section 368.9. 3. A city may establish, by ordinance or by resolution adopted as an ordinance after twenty days' notice published in accordance with section 362.3, and a public hearing, one or more districts and schedules of fees for the connection of property to the city sewer or water utility. If the governing body directs that notice be made by mail, the notice shall be as required in section 384.50. Each person whose property will be served by connecting to the city sewer or water utility shall pay a connection fee to the city. The ordinance shall be certified by the city and recorded in the office of the county recorder of the county in which a district is located. The connection fees are due and payable when a utility connection application is filed with the city. A connection fee may include the equitable cost of extending the utility to the properties, including reasonable interest from the date of construction to the date of payment. All fees collected under this subsection shall be paid to the city treasurer. The moneys collected as fees shall only be used for the purposes of operating the utility, or to pay debt service on obligations issued to finance improvements or extensions to the utility. This subsection shall not apply when a city annexation plan includes annexation of an area adjoining the city and a petition has not been presented as provided in section 384.41 for a city sewer or water utility connection. Until annexation takes place, or the annexation plan is abandoned, the state mandate contained in section 455B.172, subsections 3, 4, and 5, shall not apply unless the individual property owner voluntarily pays the connection fee and requests to be connected to the city sewer or water utility.
94 Acts, ch 1073, §1; 96 Acts, ch 1120, § 1; 2004 Acts, ch 1086, §65 Referred to in § 358.22, 384.68 384.39 IMPROVEMENTS BROUGHT TO GRADE. Paving, curbing, guttering, or sidewalks may not be constructed unless the improvement, when completed, will be to grade.
Section History: Early Form
[C73, § 466; C97, § 779, 792; S13, § 779, 792; SS15, § 840-q; C24, 27, 31, 35, 39, § 5962, 5976; C46, § 389.31, 391.3; C50, § 389.31, 391.3, 391A.2; C54, 58, 62, 66, 71, 73, § 389.31, 391.3, 391A.3; C75, 77, 79, 81, § 384.39] 384.40 UNDERGROUND IMPROVEMENTS. A city may include underground gas, water, heating, sewer, or electrical connections to the street or property line for private property as a part of the public improvement, or a city may order the property owner to make, repair, or relocate such connections by publication of a notice once each week for two consecutive weeks in the manner provided by section 362.3, and if the order is not complied with at the end of thirty days after the date of the first publication, the city may cause the work to be done and assess the cost against the property served by the connection.
Section History: Early Form
[C97, § 779, 809; S13, § 779, 792-f; C24, 27, 31, 35, 39, § 5981; C46, § 391.8; C50, § 391.8, 391A.16; C54, 58, 62, 66, 71, 73, § 391.8, 391A.4; C75, 77, 79, 81, § 384.40] Referred to in § 384.55 384.41 PETITION BY PROPERTY OWNERS. 1. Property owners may initiate a plan for a public improvement to be paid for in whole or in part by special assessments, by written contract to be approved by the city and signed by all of the owners of record of all property affected by the proposed assessment. If all owners of record of all the property to be affected by the public improvement petition the council, said owners may, in their petition, waive notice to property owners by publication and mailing, as provided in section 384.50, and the council may proceed to adopt a preliminary resolution, a plat, schedule and estimate, and resolution of necessity, and order preparation of detailed plans and specifications. Special assessments initiated without notice under this section are liens upon the property to be affected by the assessment, to the same extent as provided in section 384.65, subsection 5, except that they shall be subordinate to any perfected lien unless the holder of such perfected lien consents in writing to the initiation of the public improvement. 2. A petition may be filed subsequent to the initiation by the council of a plan for a public improvement, and if the petition is received prior to advertising for bids, the public improvement petitioned for may be added by amendment to the resolution of necessity. If the petition is received subsequent to advertising for bids and prior to the completion of the work under contract, the council may, in its discretion, approve the petition and contract with the contractor at a cost not to exceed the unit prices bid at public letting for the construction of the public improvements petitioned for by property owners. 3. This section does not limit the power of a city to initiate a public improvement project on its own motion. 4. Owners of commercial or industrial property may initiate a plan, under subsection 1 or 2, for the purchase of a traffic-control device, fixture, connection, or facility to be paid for in whole or in part by special assessments provided that the proposed assessments shall be made only against the commercial or industrial property owned by the petitioners.
92 Acts, ch 1176, §2 Referred to in § 384.38 384.42 PROCEDURE ON PUBLIC IMPROVEMENT. To construct or repair a public improvement to be paid for in whole or in part by special assessments, the council shall proceed as follows: 1. Arrange for engineering services to prepare the plats, schedules, estimates of cost, plans, and specifications and to supervise construction of the proposed improvement. 2. Adopt a preliminary resolution by the vote of a majority of all the members of the council. The preliminary resolution shall contain the following: a. A description of the types or alternate types of improvement proposed. b. The beginning and terminal points or general location of the proposed improvement. c. An order to the engineer to prepare preliminary plans and specifications, estimated total cost of the work, and a plat and schedule, and to file them with the clerk. d. A general description of the property or a designation of the lots which the council believes will be specially benefited by the improvement. 3. The preliminary resolution may also contain the following: a. A statement of the proportion of the total cost which the council proposes to assess against specially benefited property. b. A short and convenient designation for the public improvement by which it may be referred to in all subsequent proceedings. 4. A preliminary resolution may include more than one improvement or class of improvement. 5. A single improvement may be in more than one locality or street, and that portion of the street which has been improved by any railway, or which the city may require the railway to improve under franchise or contract, may be excluded.
Section History: Early Form
[C50, § 391A.4; C54, 58, 62, 66, 71, 73, § 391A.5; C75, 77, 79, 81, § 384.42] 384.43 PRELIMINARY PLANS. Preliminary plans and specifications must only be in sufficient detail to advise any person interested of the general nature, character, and type of the improvement.
Section History: Early Form
[C54, 58, 62, 66, 71, 73, § 391A.6; C75, 77, 79, 81, § 384.43] 384.44 ESTIMATED COST. The estimated total cost of any public improvement constructed under this part must include all of the items of cost listed in section 384.37, subsection 26, which the council proposes to include as a part of the cost of the public improvement, and may include an item to be known as the default fund amounting to not more than ten percent of the portion of the total cost of the improvement which the council proposes to assess against specially benefited property.
384.24 DEFINITIONS. As used in this division, unless the context otherwise requires: 1. "General obligation bond" means a negotiable bond issued by a city and payable from the levy of unlimited ad valorem taxes on all the taxable property within the city through its debt service fund which is required to be established by section 384.4. 2. "City enterprise" means any of the following, including the real estate, fixtures, equipment, accessories, appurtenances, and all property necessary or useful for the operation of any of the following: a. Parking facilities systems, which may include parking lots and other off-street parking areas, parking ramps and structures on, above, or below the surface, parking meters, both on-street and off-street, and all other fixtures, equipment, accessories, appurtenances, and requisites useful for the successful operation of a parking facilities system. b. Civic centers or civic center systems, which may include auditoriums, music halls, theatres, sports arenas, armories, exhibit halls, meeting rooms, convention halls, or combinations of these. c. Recreational facilities or recreational facilities systems, including, without limitation, real and personal property, water, buildings, improvements, and equipment useful and suitable for administering recreation programs, and also including without limitation, zoos, museums, and centers for art, drama, and music, as well as those programs more customarily identified with the term "recreation" such as public sports, games, pastimes, diversions, and amusement, on land or water, whether or not such facilities are located in or as a part of any public park. d. Port facilities or port facilities systems, including without limitation, real and personal property, water, buildings, improvements and equipment useful and suitable for taking care of the needs of commerce and shipping, and also including without limitation, wharves, docks, basins, piers, quay walls, warehouses, tunnels, belt railway facilities, cranes, dock apparatus, and other machinery necessary for the convenient and economical accommodation and handling of watercraft of all kinds and of freight and passengers. e. Airport and airport systems. f. Solid waste collection systems and disposal systems. g. Bridge and bridge systems. h. Hospital and hospital systems. i. Transit systems. j. Stadiums. k. Housing for persons who are elderly or persons with physical disabilities. l. Child care centers providing child care or preschool services, or both. For purposes of this paragraph, "child care" means providing for the care, supervision, and guidance of a child by a person other than the parent, guardian, relative, or custodian for periods of less than twenty-four hours per day on a regular basis. For purposes of this paragraph, "preschool" means child care which provides to children ages three through five, for periods of time not exceeding three hours per day, programs designed to help the children to develop intellectual skills, and motor skills, and to extend their interest and understanding of the world about them. 3. "Essential corporate purpose" means: a. The opening, widening, extending, grading, and draining of the right-of-way of streets, highways, avenues, alleys, public grounds, and market places, and the removal and replacement of dead or diseased trees thereon; the construction, reconstruction, and repairing of any street improvements; the acquisition, installation, and repair of traffic control devices; and the acquisition of real estate needed for any of the foregoing purposes. b. The acquisition, construction, improvement, and installation of street lighting fixtures, connections, and facilities. c. The construction, reconstruction, and repair of sidewalks and pedestrian underpasses and overpasses, and the acquisition of real estate needed for such purposes. d. The acquisition, construction, reconstruction, extension, improvement, and equipping of works and facilities useful for the collection, treatment, and disposal of sewage and industrial waste in a sanitary manner, for the collection and disposal of solid waste, and for the collection and disposal of surface waters and streams. e. The acquisition, construction, reconstruction, enlargement, improvement, and repair of bridges, culverts, retaining walls, viaducts, underpasses, grade crossing separations, and approaches thereto. f. The settlement, adjustment, renewing, or extension of any part or all of the legal indebtedness of a city, whether evidenced by bonds, warrants, or judgments, or the funding or refunding of the same, whether or not such indebtedness was created for a purpose for which general obligation bonds might have been issued in the original instance. g. The undertaking of any project jointly or in cooperation with any other governmental body which, if undertaken by the city alone, would be for an essential corporate purpose, including the joint purchase, acquisition, construction, ownership, or control of any real or personal property. h. The acquisition, construction, reconstruction, improvement, and extension of works and facilities useful for the control and elimination of any and all sources of air, water, and noise pollution, and the acquisition of real estate needed for such purposes. i. The acquisition, construction, reconstruction, and improvement of all waterways, and real and personal property, useful for the protection or reclamation of property situated within the corporate limits of cities from floods or high waters, and for the protection of property in cities from the effects of flood waters, including the deepening, widening, alteration, change, diversion, or other improvement of watercourses, within or without the city limits, the construction of levees, embankments, structures, impounding reservoirs, or conduits, and the establishment, improvement, and widening of streets, avenues, boulevards, and alleys across and adjacent to the project, as well as the development and beautification of the banks and other areas adjacent to flood control improvements. j. The equipping of fire, police, sanitation, street, and civil defense departments and the acquiring, developing, and improving of a geographic computer data base system suitable for automated mapping and facilities management. k. The acquisition and improvement of real estate for cemeteries, and the construction, reconstruction, and repair of receiving vaults, mausoleums, and other cemetery facilities. l. The acquisition of ambulances and ambulance equipment. m. The reconstruction and improvement of dams already owned. n. The reconstruction, extension, and improvement of an airport owned or operated by the city, an agency of the city, or a multimember governmental body of which the city is a participating member. o. The rehabilitation and improvement of parks already owned, including the removal, replacement and planting of trees in the parks, and facilities, equipment, and improvements commonly found in city parks. p. The rehabilitation and improvement of area television translator systems already owned. q. The aiding in the planning, undertaking, and carrying out of urban renewal projects under the authority of chapter 403, and all of the purposes set out in section 403.12. However, bonds issued for this purpose are subject to the right of petition for an election as provided in section 384.26, without limitation on the amount of the bond issue or the size of the city, and the council shall include notice of the right of petition in the notice required under section 384.25, subsection 2. r. The acquisition, construction, reconstruction, improvement, repair, and equipping of waterworks, water mains, and extensions, and real and personal property, useful for providing potable water to residents of a city. s. The provision of insurance, or funding a self-insurance program or local government risk pool, including but not limited to the investigation and defense of claims, the establishment of reserve funds for claims, the payment of claims, and the administration and management of such self-insurance program or local government risk pool. t. The acquisition, restoration, or demolition of abandoned, dilapidated, or dangerous buildings, structures or properties or the abatement of a nuisance. u. The establishment or funding of programs to provide for or assist in providing for the acquisition, restoration, or demolition of housing, as part of a municipal housing project under chapter 403 or otherwise, or for other purposes as may be authorized under chapter 403A. v. The acquisition of peace officer communication equipment and other emergency services communication equipment and systems. w. The remediation, restoration, repair, cleanup, replacement, and improvement of property, buildings, equipment, and public facilities that have been damaged by a disaster as defined in section 29C.2 and that are located in an area that the governor has proclaimed a disaster emergency or the president of the United States has declared a major disaster. Bonds issued pursuant to section 384.25 for the purposes specified in this paragraph shall be issued not later than ten years after the governor has proclaimed a disaster emergency or the president of the United States has declared a major disaster, whichever is later. x. The reimbursement of the city's general fund or other funds of the city for expenditures made related to remediation, restoration, repair, and cleanup of damage caused by a disaster as defined in section 29C.2, if the damage is located in an area that the governor has proclaimed a disaster emergency or the president of the United States has declared a major disaster. Bonds issued pursuant to section 384.25 for the purposes specified in this paragraph shall be issued not later than ten years after the governor has proclaimed a disaster emergency or the president of the United States has declared a major disaster, whichever is later. 4. "General corporate purpose" means: a. The acquisition, construction, reconstruction, extension, improvement, and equipping of city utilities, city enterprises, and public improvements as defined in section 384.37, other than those which are essential corporate purposes. b. The acquisition, construction, reconstruction, enlargement, improvement, and equipping of community center houses, recreation grounds, recreation buildings, juvenile playgrounds, swimming pools, recreation centers, parks, and golf courses, and the acquisition of real estate therefor. c. The acquisition, construction, reconstruction, enlargement, improvement, and equipping of city halls, jails, police stations, fire stations, garages, libraries, and hospitals, including buildings to be used for any combination of the foregoing purposes, and the acquisition of real estate therefor. d. The acquisition, construction, reconstruction, and improvement of dams at the time of acquisition. e. The removal, replacement, and planting of trees, other than those on public right-of-way. f. The acquisition, purchase, construction, reconstruction, and improvement of greenhouses, conservatories, and horticultural centers for growing, storing, and displaying trees, shrubs, plants, and flowers. g. The acquisition, construction, reconstruction, and improvement of airports at the time of establishment. h. The undertaking of any project jointly or in cooperation with any other governmental body which, if undertaken by the city alone, would be for a general corporate purpose, including the joint purchase, acquisition, construction, ownership, or control of any real or personal property. i. Any other purpose which is necessary for the operation of the city or the health and welfare of its citizens. 5. The "cost" of a project for an essential corporate purpose or general corporate purpose includes construction contracts and the cost of engineering, architectural, technical, and legal services, preliminary reports, property valuations, estimates, plans, specifications, notices, acquisition of real and personal property, consequential damages or costs, easements, rights-of-way, supervision, inspection, testing, publications, printing and sale of bonds, interest during the period or estimated period of construction and for twelve months thereafter or for twelve months after the acquisition date, and provisions for contingencies.
83 Acts, ch 90, § 21; 86 Acts, ch 1211, § 24; 87 Acts, ch 103, §6--8; 89 Acts, ch 182, §10; 89 Acts, ch 189, §3; 96 Acts, ch 1129, § 86; 96 Acts, ch 1204, § 36; 2001 Acts, ch 88, §1, 2; 2008 Acts, ch 1013, §2, 3; 2009 Acts, ch 100, §13, 21 Referred to in § 8F.2, 23A.2, 76.1, 358C.19, 384.25, 384.27, 384.28, 384.80, 384.110, 386.1, 386.12, 389.4, 390.5, 392.1, 411.38 384.24A LOAN AGREEMENTS. A city may enter into loan agreements to borrow money for any public purpose in accordance with the following terms and procedures: 1. A loan agreement entered into by a city may contain provisions similar to those sometimes found in loan agreements between private parties, including, but not limited to, the issuance of notes to evidence its obligations. 2. A provision of a loan agreement which stipulates that a portion of the payments be applied as interest is subject to chapter 74A. Other laws relating to interest rates do not apply. Chapter 75 is not applicable. A city utility or city enterprise is a separate entity under this section whether it is governed by the governing body of the city or another governing body. 3. The governing body shall follow substantially the same authorization procedure required for the issuance of general obligation bonds issued for the same purpose to authorize a loan agreement made payable from the debt service fund. 4. The governing body may authorize a loan agreement which is payable from the general fund if the loan agreement would not cause the total of scheduled annual payments of principal or interest or both principal and interest due from the general fund in any single future fiscal year with respect to all loan agreements in force on the date of the authorization to exceed ten percent of the last certified general fund budget amount in accordance with the following procedures: a. The governing body must follow substantially the authorization procedures of section 384.25 to authorize a loan agreement for personal property which is payable from the general fund. The governing body must follow substantially the authorization procedures of section 384.25 to authorize a loan agreement for real property which is payable from the general fund if the principal amount of the loan agreement does not exceed the following limits: (1) Four hundred thousand dollars in a city having a population of five thousand or less. (2) Seven hundred thousand dollars in a city having a population of more than five thousand but not more than seventy-five thousand. (3) One million dollars in a city having a population of more than seventy-five thousand. b. The governing body must follow the following procedures to authorize a loan agreement for real property which is payable from the general fund if the principal amount of the loan agreement exceeds the limits set forth in paragraph "a": (1) The governing body must institute proceedings to enter into a loan agreement payable from the general fund by causing a notice of the meeting to discuss entering into the loan agreement, including a statement of the principal amount and purpose of the loan agreement and the right to petition for an election, to be published at least once in a newspaper of general circulation within the city at least ten days prior to the discussion meeting. No sooner than thirty days following the discussion meeting shall the governing body hold a meeting at which it is proposed to take action to enter into the loan agreement. (2) If at any time before the end of the thirty-day period after which a meeting may be held to take action to enter into the loan agreement, a petition is filed with the clerk of the city in the manner provided by section 362.4, asking that the question of entering into the loan agreement be submitted to the registered voters of the city, the governing body shall either by resolution declare the proposal to enter into the loan agreement to have been abandoned or shall direct the county commissioner of elections to call a special election upon the question of entering into the loan agreement. However, for purposes of this paragraph, the petition shall not require signatures in excess of one thousand persons. The question to be placed on the ballot shall be stated affirmatively in substantially the following manner: Shall the city of .... enter into a loan agreement in amount of $.... for the purpose of ....? Notice of the election and its conduct shall be in the manner provided in section 384.26, subsections 2 through 4. (3) If a petition is not filed or if a petition is filed and the proposition of entering into the loan agreement is approved at an election, the governing body may proceed and enter into the loan agreement. 5. The governing body may authorize a loan agreement payable from the net revenues of a city utility, combined utility system, city enterprise, or combined city enterprise by following the authorization procedures of section 384.83. 6. A loan agreement to which a city is a party or in which the city has a participatory interest is an obligation of a political subdivision of this state for the purposes of chapters 502 and 636, and is a lawful investment for banks, trust companies, building and loan associations, savings and loan associations, investment companies, insurance companies, insurance associations, executors, guardians, trustees, and any other fiduciaries responsible for the investment of funds.
Section History: Recent Form
87 Acts, ch 103, §9; 92 Acts, ch 1138, §5; 95 Acts, ch 67, §53; 2009 Acts, ch 100, §14, 21 Referred to in § 357A.11, 389.4, 390.5 384.25 GENERAL OBLIGATION BONDS FOR ESSENTIAL PURPOSES. 1. A city which proposes to carry out any essential corporate purpose within or without its corporate limits, and to contract indebtedness and issue general obligation bonds to provide funds to pay all or any part of the cost of a project must do so in accordance with the provisions of this division. 2. Before the council may institute proceedings for the issuance of bonds for an essential corporate purpose, a notice of the proposed action, including a statement of the amount and purposes of the bonds, and the time and place of the meeting at which the council proposes to take action for the issuance of the bonds, must be published as provided in section 362.3. At the meeting, the council shall receive oral or written objections from any resident or property owner of the city. After all objections have been received and considered, the council may, at that meeting or any adjournment thereof, take additional action for the issuance of the bonds or abandon the proposal to issue the bonds. Any resident or property owner of the city may appeal the decision of the council to take additional action to the district court of the county in which any part of the city is located, within fifteen days after the additional action is taken, but the additional action of the council is final and conclusive unless the court finds that the council exceeded its authority. The provisions of this subsection with respect to notice, hearing, and appeal, are in lieu of the provisions contained in chapter 73A, or any other law. 3. a. Notwithstanding subsection 2, a council may institute proceedings for the issuance of bonds for an essential corporate purpose specified in section 384.24, subsection 3, paragraph "w" or "x", in an amount equal to or greater than three million dollars by causing a notice of the proposal to issue the bonds, including a statement of the amount and purpose of the bonds, together with the maximum rate of interest which the bonds are to bear, and the right to petition for an election, to be published at least once in a newspaper of general circulation within the city at least ten days prior to the meeting at which it is proposed to take action for the issuance of the bonds. b. If at any time before the date fixed for taking action for the issuance of the bonds, a petition is filed with the clerk of the city signed by eligible electors of the city equal in number to twenty percent of the persons in the city who voted for the office of president of the United States at the last preceding general election that had such office on the ballot, asking that the question of issuing the bonds be submitted to the registered voters of the city, the council shall either by resolution declare the proposal to issue the bonds to have been abandoned or shall direct the county commissioner of elections to call a special election upon the question of issuing the bonds. Notice of the election and its conduct shall be in the manner provided in section 384.26. c. If a petition is not filed, or if a petition is filed and the proposition of issuing the bonds is approved at an election, the council may proceed with the authorization and issuance of the bonds.
2009 Acts, ch 100, §15, 21 Referred to in § 28E.17, 364.4, 384.24, 384.24A, 384.71, 386.11, 389.4, 390.5 384.26 GENERAL OBLIGATION BONDS FOR GENERAL PURPOSES. 1. A city which proposes to carry out any general corporate purpose within or without its corporate limits, and to contract indebtedness and issue general obligation bonds to provide funds to pay all or any part of the costs of a project, must do so in accordance with the provisions of this division. 2. Before the council may institute proceedings for the issuance of bonds for a general corporate purpose, it shall call a special city election to vote upon the question of issuing the bonds. At the election the proposition must be submitted in the following form: Shall the ............ (insert the name of the city) issue its bonds in an amount not exceeding the amount of $.... for the purpose of ..........? 3. Notice of the election must be given by publication as required by section 49.53 in a newspaper of general circulation in the city. At the election the ballot used for the submission of the proposition must be in substantially the form for submitting special questions at general elections. 4. The proposition of issuing general corporate purpose bonds is not carried or adopted unless the vote in favor of the proposition is equal to at least sixty percent of the total vote cast for and against the proposition at the election. If the proposition of issuing the general corporate purpose bonds is approved by the voters, the city may proceed with the issuance of the bonds. 5. a. Notwithstanding the provisions of subsection 2, a council may, in lieu of calling an election, institute proceedings for the issuance of bonds for a general corporate purpose by causing a notice of the proposal to issue the bonds, including a statement of the amount and purpose of the bonds, together with the maximum rate of interest which the bonds are to bear, and the right to petition for an election, to be published at least once in a newspaper of general circulation within the city at least ten days prior to the meeting at which it is proposed to take action for the issuance of the bonds subject to the following limitations: (1) In cities having a population of five thousand or less, in an amount of not more than four hundred thousand dollars. (2) In cities having a population of more than five thousand and not more than seventy-five thousand, in an amount of not more than seven hundred thousand dollars. (3) In cities having a population in excess of seventy- five thousand, in an amount of not more than one million dollars. b. If at any time before the date fixed for taking action for the issuance of the bonds, a petition is filed with the clerk of the city in the manner provided by section 362.4, asking that the question of issuing the bonds be submitted to the registered voters of the city, the council shall either by resolution declare the proposal to issue the bonds to have been abandoned or shall direct the county commissioner of elections to call a special election upon the question of issuing the bonds. Notice of the election and its conduct shall be in the manner provided in the preceding subsections of this section. c. If no petition is filed, or if a petition is filed and the proposition of issuing the bonds is approved at an election, the council may proceed with the authorization and issuance of the bonds.
92 Acts, ch 1138, §6; 95 Acts, ch 67, §53 Referred to in § 28E.17, 364.4, 384.24, 384.24A, 384.25, 384.28, 384.71, 389.4, 390.5 384.27 SALE OF BONDS. 1. A city may sell general obligation bonds at public or private sale in the manner prescribed by chapter 75. 2. General obligation funding or refunding bonds issued for the purposes specified in section 384.24, subsection 3, paragraph "f," may be exchanged for the evidences of the legal indebtedness being funded or refunded, or such funding or refunding bonds may be sold in the manner prescribed by chapter 75 and the proceeds applied to the payment of such indebtedness. Funding or refunding bonds may bear interest at the same rate as, or at a higher or lower rate or rates of interest than the indebtedness being funded or refunded.
Section History: Early Form
[C97, § 910; C24, 27, 31, 35, 39, § 6258, 6259; C46, 50, 54, 58, 62, 66, § 408.7, 408.8; C71, 73, § 378A.11, 408.7, 408.8; C75, 77, 79, 81, § 384.27] Referred to in § 389.4, 390.5 384.28 CATEGORIES FOR GENERAL OBLIGATION BONDS. A city may issue general obligation bonds pursuant to a resolution adopted at a regular or special meeting by a majority of the total number of members to which the council is entitled. Each paragraph of section 384.24, subsections 3 and 4 describes a separate category. Separate categories of essential corporate purposes and of general corporate purposes may be incorporated in a single notice of intention to institute proceedings for the issuance of bonds, or separate categories may be incorporated in separate notices, and after an opportunity has been provided for filing objections, or after a favorable election has been held, if required, the council may include in a single resolution and sell as a single issue of bonds, any number or combination of essential corporate purposes or general corporate purposes. If an essential corporate purpose is combined with a general corporate purpose in a single notice of intention to institute proceedings to issue bonds, then the entire issue is subject to the referendum requirement provided in section 384.26. Definitions of city enterprises, essential corporate purposes, and general corporate purposes are not mutually exclusive and shall be liberally construed. The detailing of examples is not intended to modify or restrict the meaning of general words used. If a project or activity may be reasonably construed to be included in more than one classification, the council may elect at any time between the classifications and the procedures respectively applicable to each classification.
Section History: Early Form
[C75, 77, 79, 81, § 384.28]
Section History: Recent Form
83 Acts, ch 90, § 22 Referred to in § 389.4, 390.5 384.29 FORM OF BONDS. As provided by resolution of the council, general obligation bonds may: 1. Bear dates. 2. Bear interest at rates not exceeding the limitations imposed by chapter 75. 3. Mature in one or more installments. 4. Be in either coupon or registered form. 5. Carry registration and conversion privileges. 6. Be payable as to principal and interest at times and places. 7. Be subject to terms of redemption prior to maturity with or without premium. 8. Be in one or more denominations. 9. Be designated with a brief reference to purpose, or if issued for a combination of purposes, be designated "corporate purpose bond". 10. Contain other provisions not in conflict with the laws of the state of Iowa.
Section History: Early Form
[C97, § 908; C24, 27, 31, 35, 39, § 6255; C46, 50, 54, 58, 62, 66, 71, 73, § 408.4; C75, 77, 79, 81, § 384.29] Referred to in § 386.11, 389.4, 390.5 384.30 EXECUTION. General obligation bonds must be executed by the mayor and city clerk. If coupons are attached to the bonds, they must be executed with the original or facsimile signature of the clerk. A general obligation bond is valid and binding if it bears the signatures of the officers in office on the date of the execution of the bonds, notwithstanding that any or all such persons whose signatures appear thereon have ceased to be such officers prior to the delivery thereof.
Section History: Early Form
[C97, § 907; C24, 27, 31, 35, 39, § 6254; C46, 50, 54, 58, 62, 66, 71, 73, § 408.3; C75, 77, 79, 81, § 384.30] Referred to in § 386.11, 389.4, 390.5 384.31 NEGOTIABLE. General obligation bonds issued pursuant to this part are negotiable instruments.
Section History: Early Form
[C75, 77, 79, 81, § 384.31] Referred to in § 386.11, 389.4, 390.5 384.32 TAX TO PAY. Taxes for the payment of general obligation bonds must be levied in accordance with chapter 76, and the bonds are payable from the levy of unlimited ad valorem taxes on all the taxable property within the city through its debt service fund authorized by section 384.4.
Section History: Early Form
[C97, § 852--855, 912; S13, § 741-w2, 758-b, 849-j, 850-c, -e, -f, 912-a, 1056-a43, -a63, -a64, -a65; SS15, § 840-g, -p, 997-c; C24, 27, 31, § 5793--5795, 5800--5804, 5878--5881, 5902, 6103, 6261--6263, 6265, 6594, 6595, 6608, 6746; C35, § 5793--5795, 5800--5804, 5878--5881, 5902, 6103, 6261--6263, 6265, 6578-b1, 6594, 6595, 6608, 6746; C39, § 5793--5795, 5800--5804, 5878--5881, 5902, 6103, 6261--6263, 6265, 6578.1, 6594, 6595, 6608, 6746; C46, 50, § 370.7--370.9, 370.15--370.19, 381.5--381.8, 384.3, 395.25, 408.10--408.14, 408.16, 416.104, 416.122, 416.123, 416.138, 420.57; C54, 58, § 368.16, 368.29, 368.32, 370.7, 381.7, 384.3, 390.14, 395.25, 404.18, 408.17; C62, 66, § 368.16, 368.29, 368.32, 370.7, 381.7, 384.3, 390.13, 395.25, 404.19, 408.17; C71, 73, § 368.16, 368.29, 368.32, 370.7, 378A.11, 381.7, 384.3, 390.13, 395.25, 404.19, 408.17; C75, 77, 79, 81, § 384.32] Referred to in § 389.4, 390.5 384.33 ACTION. No action may be brought which questions the legality of general obligation bonds or the power of the city to issue the bonds or the effectiveness of any proceedings relating to the authorization and issuance of the bonds from and after sixty days from the time the bonds are ordered issued by the city.
Section History: Early Form
[C71, 73, § 378A.13; C75, 77, 79, 81, § 384.33] Referred to in § 389.4, 390.5 384.34 LOCAL BUDGET LAW. The provisions of division II of this chapter do not apply to any bonds issued pursuant to this division.
Section History: Early Form
[C75, 77, 79, 81, § 384.34] Referred to in § 389.4, 390.5 384.35 RULE OF CONSTRUCTION. The enumeration in this division of specified powers and functions is not a limitation of the powers of cities, but the provisions of this division and the procedures prescribed for exercising the powers and functions enumerated in this division shall control and govern in the event of any conflict with the provisions of any other section, division or chapter of the city code or with the provisions of any other law.
Section History: Early Form
[C75, 77, 79, 81, § 384.35] Referred to in § 389.4, 390.5 384.36 PRIOR PROCEEDINGS. Projects and proceedings for the issuance of general obligation bonds commenced before the effective date of the city code may be consummated and completed as required or permitted by any statute or other law amended or repealed by the city code as though the repeal or amendment had not occurred, and the rights, duties, and interests flowing from such projects and proceedings remain valid and enforceable. Without limiting the foregoing, projects commenced prior to the effective date may be financed by the issuance of general obligation bonds under any such amended or repealed law or by the issuance of general obligation bonds under the city code. For the purposes of this section, commencement of a project includes but is not limited to action taken by the council or authorized officer to fix a date for a hearing in connection with any part of the project, and commencement of proceedings for the issuance of general obligation bonds includes but is not limited to action taken by the council to fix a date for either a hearing or a sale in connection with any part of the general obligation bonds, or to order any part thereof to be issued.
Section History: Early Form
[C75, 77, 79, 81, § 384.36] Referred to in § 389.4, 390.5 384.37 DEFINITIONS. As used in this division, unless the context otherwise requires: 1. "Abutting lot" means a lot which abuts or joins the street in which the public improvement is located or which abuts the right-of-way of the public improvement. 2. "Adjacent lot" means a lot within the district which does not abut upon the street or right-of-way of the public improvement. 3. "Construction" includes materials, labor, acts, operations and services necessary to complete a public improvement. 4. "District" means the lots or parts of lots within boundaries established by the council for the purpose of the assessment of the cost of a public improvement. 5. "Engineer" means a professional engineer, licensed in the state of Iowa, authorized by the council to render services in connection with the public improvement. 6. "Final grade" means the grade to which the public improvement is proposed to be constructed or repaired as shown on the final plans adopted by the council. 7. "Grade" means the longitudinal reference lines, as established by ordinance of the council, which designate the elevations at which a street or sidewalk is to be built. 8. "Gravel" includes gravel, crushed rock, cinders, shale and similar materials suitable for street construction or repair. 9. "Lateral sewer" means a sewer which contributes sewage, or surface or groundwater from a local area to a main sewer or outlet. 10. "Lot" means a parcel of land under one ownership, including improvements, against which a separate assessment is made. Two or more contiguous parcels under common ownership may be treated as one lot for purposes of this division if the parcels bear common improvements or if the council finds that the parcels have been assembled into a single unit for the purpose of use or development. 11. "Main sewer" means a sewer which serves as an outlet for two or more lateral sewers, and which is commonly referred to as an intercepting sewer, outfall sewer or trunk sewer. 12. "Oil" means any asphaltic or bituminous material suitable for street construction or repair. 13. "Parking facilities" means parking lots or other off-street areas for the parking of vehicles, including areas below or above the surface of streets. 14. "Paving" means any kind of hard street surface, including, but not limited to, concrete, bituminous concrete, brick, stabilized gravel, or combinations of these, together with or without curb and gutter. 15. "Private property" means all property within the district except streets. 16. "Property owner" or "owner" means the owner or owners of property, as shown by the transfer books in the office of the county auditor of the county in which the property is located. 17. "Proposal" means a legal bid on work advertised for a public improvement under chapter 26. 18. "Publication" means public notice given in the manner provided in section 362.3. 19. "Public improvement" includes the principal structures, works, component parts and accessories of any of the following: a. Sanitary, storm and combined sewers. b. Drainage conduits, channels and levees. c. Street grading, paving, graveling, macadamizing, curbing, guttering, and surfacing with oil, oil and gravel or chloride. d. Street lighting fixtures, connections and facilities. e. Sewage pumping stations, and disposal and treatment plants. f. Underground gas, water, heating, sewer and electrical connections located in streets for private property. g. Sidewalks and pedestrian underpasses or overpasses. h. Drives and driveway approaches located within the public right-of-way. i. Waterworks, water mains and extensions. j. Plazas, arcades and malls. k. Parking facilities. l. Removal of diseased or dead trees from any public place, publicly owned right-of-way or private property. m. Traffic-control devices, fixtures, connections, and facilities. 20. "Railways" means all railways except street railways. 21. "Repair" includes materials, labor, acts, operations and services necessary for the repair, reconstruction, reconstruction by widening or resurfacing of a public improvement. 22. "Sewer" means structures designed, constructed and used for the purpose of controlling or carrying off streams, surface waters, waste or sanitary sewage. 23. "Sewer systems" are composed of the main sewers, sewage pumping stations, treatment and disposal plants, lateral sewers, drainage conduits or channels and sewer connections in public streets for private property. 24. "Street" means a public street, highway, boulevard, avenue, alley, parkway, public place, plaza, mall or publicly owned right-of-way or easement within the limits of the city. 25. "Street improvement" means the construction or repair of a street by grading, paving, curbing, guttering, and surfacing with oil, oil and gravel, or chloride, and street lighting fixtures, connections and facilities. 26. "Total cost" or "cost" of a public improvement includes the cost of engineering, preliminary reports, property valuations, estimates, plans, specifications, notices, legal services, acquisition of land, consequential damages or costs, easements, rights-of-way, construction, repair, supervision, inspection, testing, notices and publication, interest during construction and for not more than six months thereafter, and printing and sale of bonds.
83 Acts, ch 90, § 23; 92 Acts, ch 1176, §1; 2007 Acts, ch 126, §61; 2007 Acts, ch 144, §17 Referred to in § 298.3, 331.485, 384.24, 384.44, 386.1, 468.585, 669.14, 670.4 384.38 CERTAIN COSTS ASSESSED TO PRIVATE PROPERTY. 1. A city may assess to private property within the city the cost of construction and repair of public improvements within the city, and main sewers, sewage pumping stations, disposal and treatment plants, waterworks, water mains, extensions, and drainage conduits extending outside the city. 2. Upon petition as provided in section 384.41, subsection 1, a city may assess to private property affected by public improvements within three miles of the city's boundaries the cost of construction and repair of public improvements within that area. The right-of-way of a railway company shall not be assessed unless the company joins as a petitioner for said improvements. In the petition the property owners shall waive the limitation provided in section 384.62 that an assessment shall not exceed twenty-five percent of the value of the lot. The petition shall contain a statement that the owners agree to pay the city an amount equal to five percent of the cost of the improvements, to cover administrative expenses incurred by the city. This amount may be added to the cost of the improvements. Before the council may adopt the resolution of necessity, the preliminary resolution, preliminary plans and specifications, plat, schedule, and estimate of cost must be submitted to, and receive written approval from, the board of supervisors of any county which contains part of the property, and the city development board established in section 368.9. 3. A city may establish, by ordinance or by resolution adopted as an ordinance after twenty days' notice published in accordance with section 362.3, and a public hearing, one or more districts and schedules of fees for the connection of property to the city sewer or water utility. If the governing body directs that notice be made by mail, the notice shall be as required in section 384.50. Each person whose property will be served by connecting to the city sewer or water utility shall pay a connection fee to the city. The ordinance shall be certified by the city and recorded in the office of the county recorder of the county in which a district is located. The connection fees are due and payable when a utility connection application is filed with the city. A connection fee may include the equitable cost of extending the utility to the properties, including reasonable interest from the date of construction to the date of payment. All fees collected under this subsection shall be paid to the city treasurer. The moneys collected as fees shall only be used for the purposes of operating the utility, or to pay debt service on obligations issued to finance improvements or extensions to the utility. This subsection shall not apply when a city annexation plan includes annexation of an area adjoining the city and a petition has not been presented as provided in section 384.41 for a city sewer or water utility connection. Until annexation takes place, or the annexation plan is abandoned, the state mandate contained in section 455B.172, subsections 3, 4, and 5, shall not apply unless the individual property owner voluntarily pays the connection fee and requests to be connected to the city sewer or water utility.
94 Acts, ch 1073, §1; 96 Acts, ch 1120, § 1; 2004 Acts, ch 1086, §65 Referred to in § 358.22, 384.68 384.39 IMPROVEMENTS BROUGHT TO GRADE. Paving, curbing, guttering, or sidewalks may not be constructed unless the improvement, when completed, will be to grade.
Section History: Early Form
[C73, § 466; C97, § 779, 792; S13, § 779, 792; SS15, § 840-q; C24, 27, 31, 35, 39, § 5962, 5976; C46, § 389.31, 391.3; C50, § 389.31, 391.3, 391A.2; C54, 58, 62, 66, 71, 73, § 389.31, 391.3, 391A.3; C75, 77, 79, 81, § 384.39] 384.40 UNDERGROUND IMPROVEMENTS. A city may include underground gas, water, heating, sewer, or electrical connections to the street or property line for private property as a part of the public improvement, or a city may order the property owner to make, repair, or relocate such connections by publication of a notice once each week for two consecutive weeks in the manner provided by section 362.3, and if the order is not complied with at the end of thirty days after the date of the first publication, the city may cause the work to be done and assess the cost against the property served by the connection.
Section History: Early Form
[C97, § 779, 809; S13, § 779, 792-f; C24, 27, 31, 35, 39, § 5981; C46, § 391.8; C50, § 391.8, 391A.16; C54, 58, 62, 66, 71, 73, § 391.8, 391A.4; C75, 77, 79, 81, § 384.40] Referred to in § 384.55 384.41 PETITION BY PROPERTY OWNERS. 1. Property owners may initiate a plan for a public improvement to be paid for in whole or in part by special assessments, by written contract to be approved by the city and signed by all of the owners of record of all property affected by the proposed assessment. If all owners of record of all the property to be affected by the public improvement petition the council, said owners may, in their petition, waive notice to property owners by publication and mailing, as provided in section 384.50, and the council may proceed to adopt a preliminary resolution, a plat, schedule and estimate, and resolution of necessity, and order preparation of detailed plans and specifications. Special assessments initiated without notice under this section are liens upon the property to be affected by the assessment, to the same extent as provided in section 384.65, subsection 5, except that they shall be subordinate to any perfected lien unless the holder of such perfected lien consents in writing to the initiation of the public improvement. 2. A petition may be filed subsequent to the initiation by the council of a plan for a public improvement, and if the petition is received prior to advertising for bids, the public improvement petitioned for may be added by amendment to the resolution of necessity. If the petition is received subsequent to advertising for bids and prior to the completion of the work under contract, the council may, in its discretion, approve the petition and contract with the contractor at a cost not to exceed the unit prices bid at public letting for the construction of the public improvements petitioned for by property owners. 3. This section does not limit the power of a city to initiate a public improvement project on its own motion. 4. Owners of commercial or industrial property may initiate a plan, under subsection 1 or 2, for the purchase of a traffic-control device, fixture, connection, or facility to be paid for in whole or in part by special assessments provided that the proposed assessments shall be made only against the commercial or industrial property owned by the petitioners.
92 Acts, ch 1176, §2 Referred to in § 384.38 384.42 PROCEDURE ON PUBLIC IMPROVEMENT. To construct or repair a public improvement to be paid for in whole or in part by special assessments, the council shall proceed as follows: 1. Arrange for engineering services to prepare the plats, schedules, estimates of cost, plans, and specifications and to supervise construction of the proposed improvement. 2. Adopt a preliminary resolution by the vote of a majority of all the members of the council. The preliminary resolution shall contain the following: a. A description of the types or alternate types of improvement proposed. b. The beginning and terminal points or general location of the proposed improvement. c. An order to the engineer to prepare preliminary plans and specifications, estimated total cost of the work, and a plat and schedule, and to file them with the clerk. d. A general description of the property or a designation of the lots which the council believes will be specially benefited by the improvement. 3. The preliminary resolution may also contain the following: a. A statement of the proportion of the total cost which the council proposes to assess against specially benefited property. b. A short and convenient designation for the public improvement by which it may be referred to in all subsequent proceedings. 4. A preliminary resolution may include more than one improvement or class of improvement. 5. A single improvement may be in more than one locality or street, and that portion of the street which has been improved by any railway, or which the city may require the railway to improve under franchise or contract, may be excluded.
Section History: Early Form
[C50, § 391A.4; C54, 58, 62, 66, 71, 73, § 391A.5; C75, 77, 79, 81, § 384.42] 384.43 PRELIMINARY PLANS. Preliminary plans and specifications must only be in sufficient detail to advise any person interested of the general nature, character, and type of the improvement.
Section History: Early Form
[C54, 58, 62, 66, 71, 73, § 391A.6; C75, 77, 79, 81, § 384.43] 384.44 ESTIMATED COST. The estimated total cost of any public improvement constructed under this part must include all of the items of cost listed in section 384.37, subsection 26, which the council proposes to include as a part of the cost of the public improvement, and may include an item to be known as the default fund amounting to not more than ten percent of the portion of the total cost of the improvement which the council proposes to assess against specially benefited property.
384.24 DEFINITIONS. As used in this division, unless the context otherwise requires: 1. "General obligation bond" means a negotiable bond issued by a city and payable from the levy of unlimited ad valorem taxes on all the taxable property within the city through its debt service fund which is required to be established by section 384.4. 2. "City enterprise" means any of the following, including the real estate, fixtures, equipment, accessories, appurtenances, and all property necessary or useful for the operation of any of the following: a. Parking facilities systems, which may include parking lots and other off-street parking areas, parking ramps and structures on, above, or below the surface, parking meters, both on-street and off-street, and all other fixtures, equipment, accessories, appurtenances, and requisites useful for the successful operation of a parking facilities system. b. Civic centers or civic center systems, which may include auditoriums, music halls, theatres, sports arenas, armories, exhibit halls, meeting rooms, convention halls, or combinations of these. c. Recreational facilities or recreational facilities systems, including, without limitation, real and personal property, water, buildings, improvements, and equipment useful and suitable for administering recreation programs, and also including without limitation, zoos, museums, and centers for art, drama, and music, as well as those programs more customarily identified with the term "recreation" such as public sports, games, pastimes, diversions, and amusement, on land or water, whether or not such facilities are located in or as a part of any public park. d. Port facilities or port facilities systems, including without limitation, real and personal property, water, buildings, improvements and equipment useful and suitable for taking care of the needs of commerce and shipping, and also including without limitation, wharves, docks, basins, piers, quay walls, warehouses, tunnels, belt railway facilities, cranes, dock apparatus, and other machinery necessary for the convenient and economical accommodation and handling of watercraft of all kinds and of freight and passengers. e. Airport and airport systems. f. Solid waste collection systems and disposal systems. g. Bridge and bridge systems. h. Hospital and hospital systems. i. Transit systems. j. Stadiums. k. Housing for persons who are elderly or persons with physical disabilities. l. Child care centers providing child care or preschool services, or both. For purposes of this paragraph, "child care" means providing for the care, supervision, and guidance of a child by a person other than the parent, guardian, relative, or custodian for periods of less than twenty-four hours per day on a regular basis. For purposes of this paragraph, "preschool" means child care which provides to children ages three through five, for periods of time not exceeding three hours per day, programs designed to help the children to develop intellectual skills, and motor skills, and to extend their interest and understanding of the world about them. 3. "Essential corporate purpose" means: a. The opening, widening, extending, grading, and draining of the right-of-way of streets, highways, avenues, alleys, public grounds, and market places, and the removal and replacement of dead or diseased trees thereon; the construction, reconstruction, and repairing of any street improvements; the acquisition, installation, and repair of traffic control devices; and the acquisition of real estate needed for any of the foregoing purposes. b. The acquisition, construction, improvement, and installation of street lighting fixtures, connections, and facilities. c. The construction, reconstruction, and repair of sidewalks and pedestrian underpasses and overpasses, and the acquisition of real estate needed for such purposes. d. The acquisition, construction, reconstruction, extension, improvement, and equipping of works and facilities useful for the collection, treatment, and disposal of sewage and industrial waste in a sanitary manner, for the collection and disposal of solid waste, and for the collection and disposal of surface waters and streams. e. The acquisition, construction, reconstruction, enlargement, improvement, and repair of bridges, culverts, retaining walls, viaducts, underpasses, grade crossing separations, and approaches thereto. f. The settlement, adjustment, renewing, or extension of any part or all of the legal indebtedness of a city, whether evidenced by bonds, warrants, or judgments, or the funding or refunding of the same, whether or not such indebtedness was created for a purpose for which general obligation bonds might have been issued in the original instance. g. The undertaking of any project jointly or in cooperation with any other governmental body which, if undertaken by the city alone, would be for an essential corporate purpose, including the joint purchase, acquisition, construction, ownership, or control of any real or personal property. h. The acquisition, construction, reconstruction, improvement, and extension of works and facilities useful for the control and elimination of any and all sources of air, water, and noise pollution, and the acquisition of real estate needed for such purposes. i. The acquisition, construction, reconstruction, and improvement of all waterways, and real and personal property, useful for the protection or reclamation of property situated within the corporate limits of cities from floods or high waters, and for the protection of property in cities from the effects of flood waters, including the deepening, widening, alteration, change, diversion, or other improvement of watercourses, within or without the city limits, the construction of levees, embankments, structures, impounding reservoirs, or conduits, and the establishment, improvement, and widening of streets, avenues, boulevards, and alleys across and adjacent to the project, as well as the development and beautification of the banks and other areas adjacent to flood control improvements. j. The equipping of fire, police, sanitation, street, and civil defense departments and the acquiring, developing, and improving of a geographic computer data base system suitable for automated mapping and facilities management. k. The acquisition and improvement of real estate for cemeteries, and the construction, reconstruction, and repair of receiving vaults, mausoleums, and other cemetery facilities. l. The acquisition of ambulances and ambulance equipment. m. The reconstruction and improvement of dams already owned. n. The reconstruction, extension, and improvement of an airport owned or operated by the city, an agency of the city, or a multimember governmental body of which the city is a participating member. o. The rehabilitation and improvement of parks already owned, including the removal, replacement and planting of trees in the parks, and facilities, equipment, and improvements commonly found in city parks. p. The rehabilitation and improvement of area television translator systems already owned. q. The aiding in the planning, undertaking, and carrying out of urban renewal projects under the authority of chapter 403, and all of the purposes set out in section 403.12. However, bonds issued for this purpose are subject to the right of petition for an election as provided in section 384.26, without limitation on the amount of the bond issue or the size of the city, and the council shall include notice of the right of petition in the notice required under section 384.25, subsection 2. r. The acquisition, construction, reconstruction, improvement, repair, and equipping of waterworks, water mains, and extensions, and real and personal property, useful for providing potable water to residents of a city. s. The provision of insurance, or funding a self-insurance program or local government risk pool, including but not limited to the investigation and defense of claims, the establishment of reserve funds for claims, the payment of claims, and the administration and management of such self-insurance program or local government risk pool. t. The acquisition, restoration, or demolition of abandoned, dilapidated, or dangerous buildings, structures or properties or the abatement of a nuisance. u. The establishment or funding of programs to provide for or assist in providing for the acquisition, restoration, or demolition of housing, as part of a municipal housing project under chapter 403 or otherwise, or for other purposes as may be authorized under chapter 403A. v. The acquisition of peace officer communication equipment and other emergency services communication equipment and systems. w. The remediation, restoration, repair, cleanup, replacement, and improvement of property, buildings, equipment, and public facilities that have been damaged by a disaster as defined in section 29C.2 and that are located in an area that the governor has proclaimed a disaster emergency or the president of the United States has declared a major disaster. Bonds issued pursuant to section 384.25 for the purposes specified in this paragraph shall be issued not later than ten years after the governor has proclaimed a disaster emergency or the president of the United States has declared a major disaster, whichever is later. x. The reimbursement of the city's general fund or other funds of the city for expenditures made related to remediation, restoration, repair, and cleanup of damage caused by a disaster as defined in section 29C.2, if the damage is located in an area that the governor has proclaimed a disaster emergency or the president of the United States has declared a major disaster. Bonds issued pursuant to section 384.25 for the purposes specified in this paragraph shall be issued not later than ten years after the governor has proclaimed a disaster emergency or the president of the United States has declared a major disaster, whichever is later. 4. "General corporate purpose" means: a. The acquisition, construction, reconstruction, extension, improvement, and equipping of city utilities, city enterprises, and public improvements as defined in section 384.37, other than those which are essential corporate purposes. b. The acquisition, construction, reconstruction, enlargement, improvement, and equipping of community center houses, recreation grounds, recreation buildings, juvenile playgrounds, swimming pools, recreation centers, parks, and golf courses, and the acquisition of real estate therefor. c. The acquisition, construction, reconstruction, enlargement, improvement, and equipping of city halls, jails, police stations, fire stations, garages, libraries, and hospitals, including buildings to be used for any combination of the foregoing purposes, and the acquisition of real estate therefor. d. The acquisition, construction, reconstruction, and improvement of dams at the time of acquisition. e. The removal, replacement, and planting of trees, other than those on public right-of-way. f. The acquisition, purchase, construction, reconstruction, and improvement of greenhouses, conservatories, and horticultural centers for growing, storing, and displaying trees, shrubs, plants, and flowers. g. The acquisition, construction, reconstruction, and improvement of airports at the time of establishment. h. The undertaking of any project jointly or in cooperation with any other governmental body which, if undertaken by the city alone, would be for a general corporate purpose, including the joint purchase, acquisition, construction, ownership, or control of any real or personal property. i. Any other purpose which is necessary for the operation of the city or the health and welfare of its citizens. 5. The "cost" of a project for an essential corporate purpose or general corporate purpose includes construction contracts and the cost of engineering, architectural, technical, and legal services, preliminary reports, property valuations, estimates, plans, specifications, notices, acquisition of real and personal property, consequential damages or costs, easements, rights-of-way, supervision, inspection, testing, publications, printing and sale of bonds, interest during the period or estimated period of construction and for twelve months thereafter or for twelve months after the acquisition date, and provisions for contingencies.
83 Acts, ch 90, § 21; 86 Acts, ch 1211, § 24; 87 Acts, ch 103, §6--8; 89 Acts, ch 182, §10; 89 Acts, ch 189, §3; 96 Acts, ch 1129, § 86; 96 Acts, ch 1204, § 36; 2001 Acts, ch 88, §1, 2; 2008 Acts, ch 1013, §2, 3; 2009 Acts, ch 100, §13, 21 Referred to in § 8F.2, 23A.2, 76.1, 358C.19, 384.25, 384.27, 384.28, 384.80, 384.110, 386.1, 386.12, 389.4, 390.5, 392.1, 411.38 384.24A LOAN AGREEMENTS. A city may enter into loan agreements to borrow money for any public purpose in accordance with the following terms and procedures: 1. A loan agreement entered into by a city may contain provisions similar to those sometimes found in loan agreements between private parties, including, but not limited to, the issuance of notes to evidence its obligations. 2. A provision of a loan agreement which stipulates that a portion of the payments be applied as interest is subject to chapter 74A. Other laws relating to interest rates do not apply. Chapter 75 is not applicable. A city utility or city enterprise is a separate entity under this section whether it is governed by the governing body of the city or another governing body. 3. The governing body shall follow substantially the same authorization procedure required for the issuance of general obligation bonds issued for the same purpose to authorize a loan agreement made payable from the debt service fund. 4. The governing body may authorize a loan agreement which is payable from the general fund if the loan agreement would not cause the total of scheduled annual payments of principal or interest or both principal and interest due from the general fund in any single future fiscal year with respect to all loan agreements in force on the date of the authorization to exceed ten percent of the last certified general fund budget amount in accordance with the following procedures: a. The governing body must follow substantially the authorization procedures of section 384.25 to authorize a loan agreement for personal property which is payable from the general fund. The governing body must follow substantially the authorization procedures of section 384.25 to authorize a loan agreement for real property which is payable from the general fund if the principal amount of the loan agreement does not exceed the following limits: (1) Four hundred thousand dollars in a city having a population of five thousand or less. (2) Seven hundred thousand dollars in a city having a population of more than five thousand but not more than seventy-five thousand. (3) One million dollars in a city having a population of more than seventy-five thousand. b. The governing body must follow the following procedures to authorize a loan agreement for real property which is payable from the general fund if the principal amount of the loan agreement exceeds the limits set forth in paragraph "a": (1) The governing body must institute proceedings to enter into a loan agreement payable from the general fund by causing a notice of the meeting to discuss entering into the loan agreement, including a statement of the principal amount and purpose of the loan agreement and the right to petition for an election, to be published at least once in a newspaper of general circulation within the city at least ten days prior to the discussion meeting. No sooner than thirty days following the discussion meeting shall the governing body hold a meeting at which it is proposed to take action to enter into the loan agreement. (2) If at any time before the end of the thirty-day period after which a meeting may be held to take action to enter into the loan agreement, a petition is filed with the clerk of the city in the manner provided by section 362.4, asking that the question of entering into the loan agreement be submitted to the registered voters of the city, the governing body shall either by resolution declare the proposal to enter into the loan agreement to have been abandoned or shall direct the county commissioner of elections to call a special election upon the question of entering into the loan agreement. However, for purposes of this paragraph, the petition shall not require signatures in excess of one thousand persons. The question to be placed on the ballot shall be stated affirmatively in substantially the following manner: Shall the city of .... enter into a loan agreement in amount of $.... for the purpose of ....? Notice of the election and its conduct shall be in the manner provided in section 384.26, subsections 2 through 4. (3) If a petition is not filed or if a petition is filed and the proposition of entering into the loan agreement is approved at an election, the governing body may proceed and enter into the loan agreement. 5. The governing body may authorize a loan agreement payable from the net revenues of a city utility, combined utility system, city enterprise, or combined city enterprise by following the authorization procedures of section 384.83. 6. A loan agreement to which a city is a party or in which the city has a participatory interest is an obligation of a political subdivision of this state for the purposes of chapters 502 and 636, and is a lawful investment for banks, trust companies, building and loan associations, savings and loan associations, investment companies, insurance companies, insurance associations, executors, guardians, trustees, and any other fiduciaries responsible for the investment of funds.
Section History: Recent Form
87 Acts, ch 103, §9; 92 Acts, ch 1138, §5; 95 Acts, ch 67, §53; 2009 Acts, ch 100, §14, 21 Referred to in § 357A.11, 389.4, 390.5 384.25 GENERAL OBLIGATION BONDS FOR ESSENTIAL PURPOSES. 1. A city which proposes to carry out any essential corporate purpose within or without its corporate limits, and to contract indebtedness and issue general obligation bonds to provide funds to pay all or any part of the cost of a project must do so in accordance with the provisions of this division. 2. Before the council may institute proceedings for the issuance of bonds for an essential corporate purpose, a notice of the proposed action, including a statement of the amount and purposes of the bonds, and the time and place of the meeting at which the council proposes to take action for the issuance of the bonds, must be published as provided in section 362.3. At the meeting, the council shall receive oral or written objections from any resident or property owner of the city. After all objections have been received and considered, the council may, at that meeting or any adjournment thereof, take additional action for the issuance of the bonds or abandon the proposal to issue the bonds. Any resident or property owner of the city may appeal the decision of the council to take additional action to the district court of the county in which any part of the city is located, within fifteen days after the additional action is taken, but the additional action of the council is final and conclusive unless the court finds that the council exceeded its authority. The provisions of this subsection with respect to notice, hearing, and appeal, are in lieu of the provisions contained in chapter 73A, or any other law. 3. a. Notwithstanding subsection 2, a council may institute proceedings for the issuance of bonds for an essential corporate purpose specified in section 384.24, subsection 3, paragraph "w" or "x", in an amount equal to or greater than three million dollars by causing a notice of the proposal to issue the bonds, including a statement of the amount and purpose of the bonds, together with the maximum rate of interest which the bonds are to bear, and the right to petition for an election, to be published at least once in a newspaper of general circulation within the city at least ten days prior to the meeting at which it is proposed to take action for the issuance of the bonds. b. If at any time before the date fixed for taking action for the issuance of the bonds, a petition is filed with the clerk of the city signed by eligible electors of the city equal in number to twenty percent of the persons in the city who voted for the office of president of the United States at the last preceding general election that had such office on the ballot, asking that the question of issuing the bonds be submitted to the registered voters of the city, the council shall either by resolution declare the proposal to issue the bonds to have been abandoned or shall direct the county commissioner of elections to call a special election upon the question of issuing the bonds. Notice of the election and its conduct shall be in the manner provided in section 384.26. c. If a petition is not filed, or if a petition is filed and the proposition of issuing the bonds is approved at an election, the council may proceed with the authorization and issuance of the bonds.
2009 Acts, ch 100, §15, 21 Referred to in § 28E.17, 364.4, 384.24, 384.24A, 384.71, 386.11, 389.4, 390.5 384.26 GENERAL OBLIGATION BONDS FOR GENERAL PURPOSES. 1. A city which proposes to carry out any general corporate purpose within or without its corporate limits, and to contract indebtedness and issue general obligation bonds to provide funds to pay all or any part of the costs of a project, must do so in accordance with the provisions of this division. 2. Before the council may institute proceedings for the issuance of bonds for a general corporate purpose, it shall call a special city election to vote upon the question of issuing the bonds. At the election the proposition must be submitted in the following form: Shall the ............ (insert the name of the city) issue its bonds in an amount not exceeding the amount of $.... for the purpose of ..........? 3. Notice of the election must be given by publication as required by section 49.53 in a newspaper of general circulation in the city. At the election the ballot used for the submission of the proposition must be in substantially the form for submitting special questions at general elections. 4. The proposition of issuing general corporate purpose bonds is not carried or adopted unless the vote in favor of the proposition is equal to at least sixty percent of the total vote cast for and against the proposition at the election. If the proposition of issuing the general corporate purpose bonds is approved by the voters, the city may proceed with the issuance of the bonds. 5. a. Notwithstanding the provisions of subsection 2, a council may, in lieu of calling an election, institute proceedings for the issuance of bonds for a general corporate purpose by causing a notice of the proposal to issue the bonds, including a statement of the amount and purpose of the bonds, together with the maximum rate of interest which the bonds are to bear, and the right to petition for an election, to be published at least once in a newspaper of general circulation within the city at least ten days prior to the meeting at which it is proposed to take action for the issuance of the bonds subject to the following limitations: (1) In cities having a population of five thousand or less, in an amount of not more than four hundred thousand dollars. (2) In cities having a population of more than five thousand and not more than seventy-five thousand, in an amount of not more than seven hundred thousand dollars. (3) In cities having a population in excess of seventy- five thousand, in an amount of not more than one million dollars. b. If at any time before the date fixed for taking action for the issuance of the bonds, a petition is filed with the clerk of the city in the manner provided by section 362.4, asking that the question of issuing the bonds be submitted to the registered voters of the city, the council shall either by resolution declare the proposal to issue the bonds to have been abandoned or shall direct the county commissioner of elections to call a special election upon the question of issuing the bonds. Notice of the election and its conduct shall be in the manner provided in the preceding subsections of this section. c. If no petition is filed, or if a petition is filed and the proposition of issuing the bonds is approved at an election, the council may proceed with the authorization and issuance of the bonds.
92 Acts, ch 1138, §6; 95 Acts, ch 67, §53 Referred to in § 28E.17, 364.4, 384.24, 384.24A, 384.25, 384.28, 384.71, 389.4, 390.5 384.27 SALE OF BONDS. 1. A city may sell general obligation bonds at public or private sale in the manner prescribed by chapter 75. 2. General obligation funding or refunding bonds issued for the purposes specified in section 384.24, subsection 3, paragraph "f," may be exchanged for the evidences of the legal indebtedness being funded or refunded, or such funding or refunding bonds may be sold in the manner prescribed by chapter 75 and the proceeds applied to the payment of such indebtedness. Funding or refunding bonds may bear interest at the same rate as, or at a higher or lower rate or rates of interest than the indebtedness being funded or refunded.
Section History: Early Form
[C97, § 910; C24, 27, 31, 35, 39, § 6258, 6259; C46, 50, 54, 58, 62, 66, § 408.7, 408.8; C71, 73, § 378A.11, 408.7, 408.8; C75, 77, 79, 81, § 384.27] Referred to in § 389.4, 390.5 384.28 CATEGORIES FOR GENERAL OBLIGATION BONDS. A city may issue general obligation bonds pursuant to a resolution adopted at a regular or special meeting by a majority of the total number of members to which the council is entitled. Each paragraph of section 384.24, subsections 3 and 4 describes a separate category. Separate categories of essential corporate purposes and of general corporate purposes may be incorporated in a single notice of intention to institute proceedings for the issuance of bonds, or separate categories may be incorporated in separate notices, and after an opportunity has been provided for filing objections, or after a favorable election has been held, if required, the council may include in a single resolution and sell as a single issue of bonds, any number or combination of essential corporate purposes or general corporate purposes. If an essential corporate purpose is combined with a general corporate purpose in a single notice of intention to institute proceedings to issue bonds, then the entire issue is subject to the referendum requirement provided in section 384.26. Definitions of city enterprises, essential corporate purposes, and general corporate purposes are not mutually exclusive and shall be liberally construed. The detailing of examples is not intended to modify or restrict the meaning of general words used. If a project or activity may be reasonably construed to be included in more than one classification, the council may elect at any time between the classifications and the procedures respectively applicable to each classification.
Section History: Early Form
[C75, 77, 79, 81, § 384.28]
Section History: Recent Form
83 Acts, ch 90, § 22 Referred to in § 389.4, 390.5 384.29 FORM OF BONDS. As provided by resolution of the council, general obligation bonds may: 1. Bear dates. 2. Bear interest at rates not exceeding the limitations imposed by chapter 75. 3. Mature in one or more installments. 4. Be in either coupon or registered form. 5. Carry registration and conversion privileges. 6. Be payable as to principal and interest at times and places. 7. Be subject to terms of redemption prior to maturity with or without premium. 8. Be in one or more denominations. 9. Be designated with a brief reference to purpose, or if issued for a combination of purposes, be designated "corporate purpose bond". 10. Contain other provisions not in conflict with the laws of the state of Iowa.
Section History: Early Form
[C97, § 908; C24, 27, 31, 35, 39, § 6255; C46, 50, 54, 58, 62, 66, 71, 73, § 408.4; C75, 77, 79, 81, § 384.29] Referred to in § 386.11, 389.4, 390.5 384.30 EXECUTION. General obligation bonds must be executed by the mayor and city clerk. If coupons are attached to the bonds, they must be executed with the original or facsimile signature of the clerk. A general obligation bond is valid and binding if it bears the signatures of the officers in office on the date of the execution of the bonds, notwithstanding that any or all such persons whose signatures appear thereon have ceased to be such officers prior to the delivery thereof.
Section History: Early Form
[C97, § 907; C24, 27, 31, 35, 39, § 6254; C46, 50, 54, 58, 62, 66, 71, 73, § 408.3; C75, 77, 79, 81, § 384.30] Referred to in § 386.11, 389.4, 390.5 384.31 NEGOTIABLE. General obligation bonds issued pursuant to this part are negotiable instruments.
Section History: Early Form
[C75, 77, 79, 81, § 384.31] Referred to in § 386.11, 389.4, 390.5 384.32 TAX TO PAY. Taxes for the payment of general obligation bonds must be levied in accordance with chapter 76, and the bonds are payable from the levy of unlimited ad valorem taxes on all the taxable property within the city through its debt service fund authorized by section 384.4.
Section History: Early Form
[C97, § 852--855, 912; S13, § 741-w2, 758-b, 849-j, 850-c, -e, -f, 912-a, 1056-a43, -a63, -a64, -a65; SS15, § 840-g, -p, 997-c; C24, 27, 31, § 5793--5795, 5800--5804, 5878--5881, 5902, 6103, 6261--6263, 6265, 6594, 6595, 6608, 6746; C35, § 5793--5795, 5800--5804, 5878--5881, 5902, 6103, 6261--6263, 6265, 6578-b1, 6594, 6595, 6608, 6746; C39, § 5793--5795, 5800--5804, 5878--5881, 5902, 6103, 6261--6263, 6265, 6578.1, 6594, 6595, 6608, 6746; C46, 50, § 370.7--370.9, 370.15--370.19, 381.5--381.8, 384.3, 395.25, 408.10--408.14, 408.16, 416.104, 416.122, 416.123, 416.138, 420.57; C54, 58, § 368.16, 368.29, 368.32, 370.7, 381.7, 384.3, 390.14, 395.25, 404.18, 408.17; C62, 66, § 368.16, 368.29, 368.32, 370.7, 381.7, 384.3, 390.13, 395.25, 404.19, 408.17; C71, 73, § 368.16, 368.29, 368.32, 370.7, 378A.11, 381.7, 384.3, 390.13, 395.25, 404.19, 408.17; C75, 77, 79, 81, § 384.32] Referred to in § 389.4, 390.5 384.33 ACTION. No action may be brought which questions the legality of general obligation bonds or the power of the city to issue the bonds or the effectiveness of any proceedings relating to the authorization and issuance of the bonds from and after sixty days from the time the bonds are ordered issued by the city.
Section History: Early Form
[C71, 73, § 378A.13; C75, 77, 79, 81, § 384.33] Referred to in § 389.4, 390.5 384.34 LOCAL BUDGET LAW. The provisions of division II of this chapter do not apply to any bonds issued pursuant to this division.
Section History: Early Form
[C75, 77, 79, 81, § 384.34] Referred to in § 389.4, 390.5 384.35 RULE OF CONSTRUCTION. The enumeration in this division of specified powers and functions is not a limitation of the powers of cities, but the provisions of this division and the procedures prescribed for exercising the powers and functions enumerated in this division shall control and govern in the event of any conflict with the provisions of any other section, division or chapter of the city code or with the provisions of any other law.
Section History: Early Form
[C75, 77, 79, 81, § 384.35] Referred to in § 389.4, 390.5 384.36 PRIOR PROCEEDINGS. Projects and proceedings for the issuance of general obligation bonds commenced before the effective date of the city code may be consummated and completed as required or permitted by any statute or other law amended or repealed by the city code as though the repeal or amendment had not occurred, and the rights, duties, and interests flowing from such projects and proceedings remain valid and enforceable. Without limiting the foregoing, projects commenced prior to the effective date may be financed by the issuance of general obligation bonds under any such amended or repealed law or by the issuance of general obligation bonds under the city code. For the purposes of this section, commencement of a project includes but is not limited to action taken by the council or authorized officer to fix a date for a hearing in connection with any part of the project, and commencement of proceedings for the issuance of general obligation bonds includes but is not limited to action taken by the council to fix a date for either a hearing or a sale in connection with any part of the general obligation bonds, or to order any part thereof to be issued.
Section History: Early Form
[C75, 77, 79, 81, § 384.36] Referred to in § 389.4, 390.5 384.37 DEFINITIONS. As used in this division, unless the context otherwise requires: 1. "Abutting lot" means a lot which abuts or joins the street in which the public improvement is located or which abuts the right-of-way of the public improvement. 2. "Adjacent lot" means a lot within the district which does not abut upon the street or right-of-way of the public improvement. 3. "Construction" includes materials, labor, acts, operations and services necessary to complete a public improvement. 4. "District" means the lots or parts of lots within boundaries established by the council for the purpose of the assessment of the cost of a public improvement. 5. "Engineer" means a professional engineer, licensed in the state of Iowa, authorized by the council to render services in connection with the public improvement. 6. "Final grade" means the grade to which the public improvement is proposed to be constructed or repaired as shown on the final plans adopted by the council. 7. "Grade" means the longitudinal reference lines, as established by ordinance of the council, which designate the elevations at which a street or sidewalk is to be built. 8. "Gravel" includes gravel, crushed rock, cinders, shale and similar materials suitable for street construction or repair. 9. "Lateral sewer" means a sewer which contributes sewage, or surface or groundwater from a local area to a main sewer or outlet. 10. "Lot" means a parcel of land under one ownership, including improvements, against which a separate assessment is made. Two or more contiguous parcels under common ownership may be treated as one lot for purposes of this division if the parcels bear common improvements or if the council finds that the parcels have been assembled into a single unit for the purpose of use or development. 11. "Main sewer" means a sewer which serves as an outlet for two or more lateral sewers, and which is commonly referred to as an intercepting sewer, outfall sewer or trunk sewer. 12. "Oil" means any asphaltic or bituminous material suitable for street construction or repair. 13. "Parking facilities" means parking lots or other off-street areas for the parking of vehicles, including areas below or above the surface of streets. 14. "Paving" means any kind of hard street surface, including, but not limited to, concrete, bituminous concrete, brick, stabilized gravel, or combinations of these, together with or without curb and gutter. 15. "Private property" means all property within the district except streets. 16. "Property owner" or "owner" means the owner or owners of property, as shown by the transfer books in the office of the county auditor of the county in which the property is located. 17. "Proposal" means a legal bid on work advertised for a public improvement under chapter 26. 18. "Publication" means public notice given in the manner provided in section 362.3. 19. "Public improvement" includes the principal structures, works, component parts and accessories of any of the following: a. Sanitary, storm and combined sewers. b. Drainage conduits, channels and levees. c. Street grading, paving, graveling, macadamizing, curbing, guttering, and surfacing with oil, oil and gravel or chloride. d. Street lighting fixtures, connections and facilities. e. Sewage pumping stations, and disposal and treatment plants. f. Underground gas, water, heating, sewer and electrical connections located in streets for private property. g. Sidewalks and pedestrian underpasses or overpasses. h. Drives and driveway approaches located within the public right-of-way. i. Waterworks, water mains and extensions. j. Plazas, arcades and malls. k. Parking facilities. l. Removal of diseased or dead trees from any public place, publicly owned right-of-way or private property. m. Traffic-control devices, fixtures, connections, and facilities. 20. "Railways" means all railways except street railways. 21. "Repair" includes materials, labor, acts, operations and services necessary for the repair, reconstruction, reconstruction by widening or resurfacing of a public improvement. 22. "Sewer" means structures designed, constructed and used for the purpose of controlling or carrying off streams, surface waters, waste or sanitary sewage. 23. "Sewer systems" are composed of the main sewers, sewage pumping stations, treatment and disposal plants, lateral sewers, drainage conduits or channels and sewer connections in public streets for private property. 24. "Street" means a public street, highway, boulevard, avenue, alley, parkway, public place, plaza, mall or publicly owned right-of-way or easement within the limits of the city. 25. "Street improvement" means the construction or repair of a street by grading, paving, curbing, guttering, and surfacing with oil, oil and gravel, or chloride, and street lighting fixtures, connections and facilities. 26. "Total cost" or "cost" of a public improvement includes the cost of engineering, preliminary reports, property valuations, estimates, plans, specifications, notices, legal services, acquisition of land, consequential damages or costs, easements, rights-of-way, construction, repair, supervision, inspection, testing, notices and publication, interest during construction and for not more than six months thereafter, and printing and sale of bonds.
83 Acts, ch 90, § 23; 92 Acts, ch 1176, §1; 2007 Acts, ch 126, §61; 2007 Acts, ch 144, §17 Referred to in § 298.3, 331.485, 384.24, 384.44, 386.1, 468.585, 669.14, 670.4 384.38 CERTAIN COSTS ASSESSED TO PRIVATE PROPERTY. 1. A city may assess to private property within the city the cost of construction and repair of public improvements within the city, and main sewers, sewage pumping stations, disposal and treatment plants, waterworks, water mains, extensions, and drainage conduits extending outside the city. 2. Upon petition as provided in section 384.41, subsection 1, a city may assess to private property affected by public improvements within three miles of the city's boundaries the cost of construction and repair of public improvements within that area. The right-of-way of a railway company shall not be assessed unless the company joins as a petitioner for said improvements. In the petition the property owners shall waive the limitation provided in section 384.62 that an assessment shall not exceed twenty-five percent of the value of the lot. The petition shall contain a statement that the owners agree to pay the city an amount equal to five percent of the cost of the improvements, to cover administrative expenses incurred by the city. This amount may be added to the cost of the improvements. Before the council may adopt the resolution of necessity, the preliminary resolution, preliminary plans and specifications, plat, schedule, and estimate of cost must be submitted to, and receive written approval from, the board of supervisors of any county which contains part of the property, and the city development board established in section 368.9. 3. A city may establish, by ordinance or by resolution adopted as an ordinance after twenty days' notice published in accordance with section 362.3, and a public hearing, one or more districts and schedules of fees for the connection of property to the city sewer or water utility. If the governing body directs that notice be made by mail, the notice shall be as required in section 384.50. Each person whose property will be served by connecting to the city sewer or water utility shall pay a connection fee to the city. The ordinance shall be certified by the city and recorded in the office of the county recorder of the county in which a district is located. The connection fees are due and payable when a utility connection application is filed with the city. A connection fee may include the equitable cost of extending the utility to the properties, including reasonable interest from the date of construction to the date of payment. All fees collected under this subsection shall be paid to the city treasurer. The moneys collected as fees shall only be used for the purposes of operating the utility, or to pay debt service on obligations issued to finance improvements or extensions to the utility. This subsection shall not apply when a city annexation plan includes annexation of an area adjoining the city and a petition has not been presented as provided in section 384.41 for a city sewer or water utility connection. Until annexation takes place, or the annexation plan is abandoned, the state mandate contained in section 455B.172, subsections 3, 4, and 5, shall not apply unless the individual property owner voluntarily pays the connection fee and requests to be connected to the city sewer or water utility.
94 Acts, ch 1073, §1; 96 Acts, ch 1120, § 1; 2004 Acts, ch 1086, §65 Referred to in § 358.22, 384.68 384.39 IMPROVEMENTS BROUGHT TO GRADE. Paving, curbing, guttering, or sidewalks may not be constructed unless the improvement, when completed, will be to grade.
Section History: Early Form
[C73, § 466; C97, § 779, 792; S13, § 779, 792; SS15, § 840-q; C24, 27, 31, 35, 39, § 5962, 5976; C46, § 389.31, 391.3; C50, § 389.31, 391.3, 391A.2; C54, 58, 62, 66, 71, 73, § 389.31, 391.3, 391A.3; C75, 77, 79, 81, § 384.39] 384.40 UNDERGROUND IMPROVEMENTS. A city may include underground gas, water, heating, sewer, or electrical connections to the street or property line for private property as a part of the public improvement, or a city may order the property owner to make, repair, or relocate such connections by publication of a notice once each week for two consecutive weeks in the manner provided by section 362.3, and if the order is not complied with at the end of thirty days after the date of the first publication, the city may cause the work to be done and assess the cost against the property served by the connection.
Section History: Early Form
[C97, § 779, 809; S13, § 779, 792-f; C24, 27, 31, 35, 39, § 5981; C46, § 391.8; C50, § 391.8, 391A.16; C54, 58, 62, 66, 71, 73, § 391.8, 391A.4; C75, 77, 79, 81, § 384.40] Referred to in § 384.55 384.41 PETITION BY PROPERTY OWNERS. 1. Property owners may initiate a plan for a public improvement to be paid for in whole or in part by special assessments, by written contract to be approved by the city and signed by all of the owners of record of all property affected by the proposed assessment. If all owners of record of all the property to be affected by the public improvement petition the council, said owners may, in their petition, waive notice to property owners by publication and mailing, as provided in section 384.50, and the council may proceed to adopt a preliminary resolution, a plat, schedule and estimate, and resolution of necessity, and order preparation of detailed plans and specifications. Special assessments initiated without notice under this section are liens upon the property to be affected by the assessment, to the same extent as provided in section 384.65, subsection 5, except that they shall be subordinate to any perfected lien unless the holder of such perfected lien consents in writing to the initiation of the public improvement. 2. A petition may be filed subsequent to the initiation by the council of a plan for a public improvement, and if the petition is received prior to advertising for bids, the public improvement petitioned for may be added by amendment to the resolution of necessity. If the petition is received subsequent to advertising for bids and prior to the completion of the work under contract, the council may, in its discretion, approve the petition and contract with the contractor at a cost not to exceed the unit prices bid at public letting for the construction of the public improvements petitioned for by property owners. 3. This section does not limit the power of a city to initiate a public improvement project on its own motion. 4. Owners of commercial or industrial property may initiate a plan, under subsection 1 or 2, for the purchase of a traffic-control device, fixture, connection, or facility to be paid for in whole or in part by special assessments provided that the proposed assessments shall be made only against the commercial or industrial property owned by the petitioners.
92 Acts, ch 1176, §2 Referred to in § 384.38 384.42 PROCEDURE ON PUBLIC IMPROVEMENT. To construct or repair a public improvement to be paid for in whole or in part by special assessments, the council shall proceed as follows: 1. Arrange for engineering services to prepare the plats, schedules, estimates of cost, plans, and specifications and to supervise construction of the proposed improvement. 2. Adopt a preliminary resolution by the vote of a majority of all the members of the council. The preliminary resolution shall contain the following: a. A description of the types or alternate types of improvement proposed. b. The beginning and terminal points or general location of the proposed improvement. c. An order to the engineer to prepare preliminary plans and specifications, estimated total cost of the work, and a plat and schedule, and to file them with the clerk. d. A general description of the property or a designation of the lots which the council believes will be specially benefited by the improvement. 3. The preliminary resolution may also contain the following: a. A statement of the proportion of the total cost which the council proposes to assess against specially benefited property. b. A short and convenient designation for the public improvement by which it may be referred to in all subsequent proceedings. 4. A preliminary resolution may include more than one improvement or class of improvement. 5. A single improvement may be in more than one locality or street, and that portion of the street which has been improved by any railway, or which the city may require the railway to improve under franchise or contract, may be excluded.
Section History: Early Form
[C50, § 391A.4; C54, 58, 62, 66, 71, 73, § 391A.5; C75, 77, 79, 81, § 384.42] 384.43 PRELIMINARY PLANS. Preliminary plans and specifications must only be in sufficient detail to advise any person interested of the general nature, character, and type of the improvement.
Section History: Early Form
[C54, 58, 62, 66, 71, 73, § 391A.6; C75, 77, 79, 81, § 384.43] 384.44 ESTIMATED COST. The estimated total cost of any public improvement constructed under this part must include all of the items of cost listed in section 384.37, subsection 26, which the council proposes to include as a part of the cost of the public improvement, and may include an item to be known as the default fund amounting to not more than ten percent of the portion of the total cost of the improvement which the council proposes to assess against specially benefited property.
