Iowa Code 384.42 – Procedure on public improvement
Current as of: 2023 | Check for updates
|
Other versions
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.
Terms Used In Iowa Code 384.42
- and: includes the disjunctive "or" and the use of the disjunctive "or" includes the conjunctive "and" unless the context clearly indicates otherwise. See Iowa Code 384.23
- Clerk: means the recording and recordkeeping officer of a city regardless of title. See Iowa Code 362.2
- Construction: includes materials, labor, acts, operations and services necessary to complete a public improvement. See Iowa Code 384.37
- Contract: A legal written agreement that becomes binding when signed.
- Council: means the governing body of a city. See Iowa Code 362.2
- Engineer: means a professional engineer, licensed in the state of Iowa, authorized by the council to render services in connection with the public improvement. See Iowa Code 384.37
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- property: includes personal and real property. See Iowa Code 4.1
- Public improvement: includes the principal structures, works, component parts and accessories of any of the following:a. See Iowa Code 384.37
- Repair: includes materials, labor, acts, operations and services necessary for the repair, reconstruction, reconstruction by widening or resurfacing of a public improvement. See Iowa Code 384.37
- 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. See Iowa Code 384.37
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.