384.83 Procedures for revenue bonds and pledge orders.
1. A city may issue revenue bonds pursuant to a resolution of the governing body of the city utility, combined utility system, city enterprise, or combined city enterprise, adopted at a regular or special meeting by a majority of the total number of members to which the governing body is entitled.
2. a. Before the governing body institutes proceedings for the issuance of revenue bonds, it shall fix a time and place of meeting at which it proposes to take action and give notice by publication in the manner directed in section 362.3. The notice must include a statement of the time and place of the meeting, the maximum amount of the proposed revenue bonds, the purpose or purposes for which the revenue bonds will be issued, and the city utility, combined utility system, city enterprise, or combined city enterprise whose net revenues will be used to pay the revenue bonds and interest on them. The governing body shall at the meeting receive oral or written objections from any resident or property owner of the city. After all objections have been received and considered, the governing body may, at the meeting or any adjournment of the meeting, take additional action for the issuance of the bonds or abandon the proposal to issue bonds. Any resident or property owner of the city may appeal a decision of the governing body 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 governing body is final and conclusive unless the court finds that the governing body exceeded its authority. The provisions of this subsection with respect to notice, hearing, and appeal in connection with the issuance of revenue bonds are in lieu of those contained in chapter 73A or any other law.
b. Separate purposes may be incorporated in a single notice of intention to institute proceedings or separate purposes may be incorporated in separate notices and, after an opportunity for filing objections, the governing body may include in a single issue of revenue bonds any number or combination of purposes.
3. Revenue bonds may bear dates, bear interest at rates not exceeding that permitted by chapter 74A, mature in one or more installments, be in either coupon or registered form, carry registration and conversion privileges, be payable as to principal and interest at times and places, be subject to terms of redemption prior to maturity with or without premium, and be in one or more denominations, all as provided by the resolution of the governing body authorizing their issuance. The resolution may also prescribe additional provisions, terms, conditions, and covenants which the governing body deems advisable, consistent with the provisions of the city code, including provisions for creating and maintaining reserve funds, the issuance of additional revenue bonds ranking on a parity with such revenue bonds and additional revenue bonds junior and subordinate to such revenue bonds, and that such revenue bonds shall rank on a parity with or be junior and subordinate to any revenue bonds which may be then outstanding. Revenue bonds are a contract between the city and holders and the resolution is a part of the contract.
4. If the governing body is a city council, the revenue bonds must be executed by the mayor and clerk of the city. If the governing body is a utility board, the revenue bonds must be executed by the chairperson and secretary of the board. If coupons are attached to the revenue bonds, they must be executed with the original or facsimile signature of the clerk or secretary. A revenue bond is valid and binding for all purposes if it bears the signatures of the officers in office on the date of the execution of the bonds notwithstanding that any or all persons whose signatures appear thereon have ceased to be such officers prior to the delivery thereof. The issuance of revenue bonds must be recorded in the office of the city treasurer or other financial officer designated by the council, and a certificate of the recording by the treasurer or other officer must be printed on the back of each revenue bond.
5. Revenue bonds and pledge orders issued pursuant to this subchapter are negotiable instruments.
6. A city may issue pledge orders pursuant to a resolution of the governing body of the city utility, combined utility system, city enterprise, or combined city enterprise, adopted by a majority of the total number of members to which the governing body is entitled, at a regular or special meeting, ordering their issuance and delivery in payment for all or part of the cost of a project. Pledge orders may bear interest at rates not exceeding that permitted by chapter 74A.
7. The physical properties of a city utility, combined utility system, city enterprise, or combined city enterprise may not be pledged or mortgaged to secure the payment of revenue bonds or pledge orders or the interest thereon.
[C35, §5903-f4, 6066-f6, -f7; C39, §5903.15, 6066.29 – 6066.31; C46, 50, §385.4, 394.6 – 394.8; C58, 62, 66, 71, 73, §385.4, 386B.10, 394.6 – 394.8; C75, 77, 79, 81, §384.83]
83 Acts, ch 90, §26; 2018 Acts, ch 1041, §127
Referred to in §26.9, 357A.11, 357E.11A, 364.4, 384.24A, 389.4, 390.5, 418.14, 423B.9, 423E.5
Structure Iowa Code
Section 384.1 - Taxes certified.
Section 384.2 - Fiscal year and tax year.
Section 384.3A - Franchise fee account — use of franchise fee revenues.
Section 384.4 - Debt service fund.
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 384.17 - 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 384.24A - 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 384.34 - Local budget law.
Section 384.35 - Rule of construction.
Section 384.36 - Prior proceedings.
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 384.46 - Lot valuations.
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 384.57 - 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 384.63 - 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 384.81 - 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 384.89 - 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 384.97 - 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.