Iowa Code
Chapter 384 - CITY FINANCE
Section 384.54 - Confirmation by decree.

384.54 Confirmation by decree.
1. At any time after final adoption of the resolution of necessity, but before awarding the contract, the council may direct the city attorney to file, in the district court of the county in which the property proposed to be assessed is located, a petition praying that the acts done by the council relative to the proposed public improvement be confirmed by decree.
2. The following must be filed with the petition in the office of the clerk of the court:
a. A copy of the resolution of necessity as adopted by the council.
b. A copy of the proposed schedule of assessments as adopted by the council under sections 384.48 and 384.51, which schedule shows the maximum amount that the council proposes to assess against any lot.
c. Preliminary plans and specifications, or, if available, detailed plans and specifications as prepared by the engineer.
d. A copy of the proposed contract if prepared.
3. Notice of the filing of the petition must be given in the same manner as is provided for service of original notice by publication by the rules of civil procedure, except as follows:
a. No affidavit of inability to obtain personal service within the state of Iowa is required.
b. The original notice must name as defendants those property owners who, on the date of filing the petition, have an interest in the real property to be assessed as a part of the public improvement, and the original notice must state that a plat and schedule is on file in the office of the clerk of the district court where the action is pending. No property owner is an indispensable party to the action. Publication of plat and schedule as part of the original notice is not required, nor shall reference in the original notice to specific descriptions of affected real property or the amounts of proposed assessments be necessary.
4. The petition must be given precedence over any other business of the court, except criminal cases. The court shall set the petition for hearing within thirty days from the date of final publication of notice. As a part of its order, the court may provide for a pretrial conference to be held not earlier than twenty days from the date of final publication of notice and require the appearance at the pretrial conference of all interested parties. Failure to appear at the pretrial conference may be grounds for dismissing any objection.
5. If no person having an interest in property proposed to be assessed has entered an appearance or filed an answer within the time set for hearing on the petition, the court shall confirm the assessment, and order the clerk of court to certify its decree to the city clerk.
6. If any person having an interest in property proposed to be assessed has entered an appearance or filed an answer to the petition, the court shall hear the cause as an action triable in equity.
7. Upon the hearing the court may correct any irregularities or inequalities in valuations or in the schedule of assessments, and shall consider any objections because of alleged illegal procedure or fraud.
8. The court shall render a decision upon the hearing as soon as practical after the final submission of the cause.
9. The clerk of the court shall certify to the city clerk the final action of the court, within three days from the date of the final decree upon the petition, showing assessments as confirmed in the schedule of assessments.
10. An appeal from the decree of the district court must be taken as in other equity cases.
11. A contract may or may not be let, in the discretion of the council, until appeals are finally determined, but the appeals need not delay the letting and execution of a contract for the work, if the council concludes the appeals were not taken in good faith.
12. An appeal does not, in the discretion of the council, delay the certification of an assessment or progress of an improvement, but upon decision of the appeal the assessment appealed from must be corrected and collected in the same manner as provided in section 384.74.
13. Corrections of assessments or valuations made by order of the district court are conclusive and not subject to review on appeal, or otherwise, except as provided in subsections 10 through 12 of this section. When court confirmation is obtained there is no right of appeal under the provisions of section 384.66.
14. If no contract is entered into within ninety days from the date of confirmation by the district court or within a further time allowed by the court on subsequent application, and if no appeal is pending, the court shall cancel the assessment, upon application of the city attorney.
15. a. The cost of all court proceedings are a legitimate item of expense in connection with a public improvement, and may be included within the final assessment against any property specially benefited in the assessment district.
b. Whenever on a hearing by the court, the amount of any assessment is reduced or canceled so that there is a deficiency in the total amount remaining assessed in the proceeding, the court may assess the deficiency to the city or distribute the deficiency upon the other property abutting upon or adjacent to the improvement or in the district assessed, in a manner the court finds to be just and equitable, not exceeding, however, the amount the property would be specially benefited by the improvement, and not exceeding twenty-five percent of the value of the lot as shown by the plat and schedule of assessments or as reduced by the court.
[C31, 35, §6610-c28, -c31, -c32, -c34 – c40, -c42 – c44, -c56; C39, §6610.31 – 6610.33, 6610.36 – 6610.41, 6610.43, 6610.44, 6610.46, 6610.65, 6610.67; C46, 50, §417.28, 417.31, 417.32, 417.34 – 417.40, 417.42 – 417.44, 417.60; C54, 58, 62, 66, 71, 73, §391A.18, 417.28, 417.31, 417.32, 417.34 – 417.40, 417.42 – 417.44, 417.60; C75, 77, 79, 81, §384.54]
2010 Acts, ch 1069, §128 – 130; 2021 Acts, ch 80, §237
Referred to in §357E.11A
Subsection 13 amended

Structure Iowa Code

Iowa Code

Title IX - LOCAL GOVERNMENT

Chapter 384 - CITY FINANCE

Section 384.1 - Taxes certified.

Section 384.2 - Fiscal year and tax year.

Section 384.3 - General fund.

Section 384.3A - Franchise fee account — use of franchise fee revenues.

Section 384.4 - Debt service fund.

Section 384.5 - Excess tax.

Section 384.6 - Trust and agency funds.

Section 384.7 - Capital improvements fund.

Section 384.8 - Emergency fund.

Section 384.9 - Additional funds.

Section 384.10 - Short-term loans.

Section 384.11 - Direct deposit of taxes.

Section 384.12 - Additional taxes.

Section 384.13 - City finance committee.

Section 384.14 - Office, expenses, compensation.

Section 384.15 - Duties — rules — law enforcement officer training reimbursement.

Section 384.15A - Resolution establishing maximum property tax dollars — notice — hearing.

Section 384.16 - City budget.

Section 384.17 - Levy by county.

Section 384.18 - Budget amendment.

Section 384.19 - Written protest.

Section 384.20 - Separate accounts.

Section 384.21 - Joint investment of funds.

Section 384.22 - Annual reports — financial report — urban renewal report.

Section 384.23 - Construction of words “and” and “or”.

Section 384.24 - Definitions.

Section 384.24A - Loan agreements.

Section 384.25 - General obligation bonds for essential purposes.

Section 384.26 - General obligation bonds for general purposes.

Section 384.27 - Sale of bonds.

Section 384.28 - Categories for general obligation bonds.

Section 384.29 - Form of bonds.

Section 384.30 - Execution.

Section 384.31 - Negotiable.

Section 384.32 - Tax to pay.

Section 384.33 - Action.

Section 384.34 - Local budget law.

Section 384.35 - Rule of construction.

Section 384.36 - Prior proceedings.

Section 384.37 - Definitions.

Section 384.38 - Certain costs assessed to private property.

Section 384.39 - Improvements brought to grade.

Section 384.40 - Underground improvements.

Section 384.41 - Petition by property owners.

Section 384.42 - Procedure on public improvement.

Section 384.43 - Preliminary plans.

Section 384.44 - Estimated cost.

Section 384.45 - Plats.

Section 384.46 - Lot valuations.

Section 384.47 - Schedule.

Section 384.48 - Adoption of plat.

Section 384.49 - Resolution of necessity.

Section 384.50 - Notice of hearing.

Section 384.51 - Adoption of resolution.

Section 384.52 - Detailed plans and specifications.

Section 384.53 - Procedures to let contract.

Section 384.54 - Confirmation by decree.

Section 384.55 - Notice of paving to water board.

Section 384.56 - State lands.

Section 384.57 - Monthly payments.

Section 384.58 - Inspection of work.

Section 384.59 - Assessment schedule.

Section 384.60 - Adoption of schedule.

Section 384.61 - Assessment of benefits.

Section 384.62 - Limit.

Section 384.63 - Insufficiency — certification to county treasurer — deficiency assessment.

Section 384.64 - Assessment to railway company.

Section 384.65 - Installments due.

Section 384.66 - Test of regularity.

Section 384.67 - Payment to county treasurer.

Section 384.68 - Bonds issued.

Section 384.69 - Property sold at tax sale.

Section 384.70 - Redemption by bondholder.

Section 384.71 - Costs paid from applicable funds.

Section 384.72 - Reassessment and relevy.

Section 384.73 - Void tax or assessment.

Section 384.74 - Correction of errors.

Section 384.75 - Special provisions.

Section 384.76 - Application to joint undertakings.

Section 384.77 - Assessments along railways.

Section 384.78 - Prior proceedings.

Section 384.79 - Conflicting provisions.

Section 384.80 - Definitions.

Section 384.81 - Provisions of city code exclusive — combined utility or enterprise.

Section 384.82 - Authority — revenue bonds — pledge orders.

Section 384.83 - Procedures for revenue bonds and pledge orders.

Section 384.84 - Rates and charges — billing and collection — contracts.

Section 384.84A - Special election.

Section 384.85 - Records — accounts — deposits.

Section 384.86 - Pledge valid and effective.

Section 384.87 - Payable from revenues.

Section 384.88 - Sole remedy.

Section 384.89 - Transfer of surplus.

Section 384.90 - Part payment from other bonds and other sources.

Section 384.91 - City to pay for services.

Section 384.92 - Statute of limitation.

Section 384.93 - Conflicting provisions.

Section 384.94 - Prior projects preserved.

Section 384.95 - Definitions.

Section 384.96 - Sealed bids.

Section 384.97 - Notice to bidders.

Section 384.98 - Bid security.

Section 384.99 - Award of contract.

Section 384.100 - Opening and considering bids.

Section 384.101 - Delegation of authority.

Section 384.102 - When hearing necessary.

Section 384.103 - Bonds authorized — emergency repairs.

Section 384.110 - Insurance, self-insurance, and risk pooling funds.

Section 384.120 - Definitions.