386.1 DEFINITIONS.
As used in this chapter, unless the context requires otherwise:
1. "Book", "list", "record", or "schedule" kept
by a county auditor, assessor, treasurer, recorder, sheriff, or other
county officer means the county system as defined in section 445.1.
2. "Cost" of any improvement or self-liquidating improvement
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
construction and for not more than six months thereafter, and
provisions for contingencies.
3. "District" means a self-supported municipal improvement
district which may be created and the property therein taxed in
accordance with this chapter.
4. "Improvement" means any of the following:
a. All or any part of a city enterprise as defined in section
384.24, subsection 2.
b. Public improvements as defined in section 384.37,
subsection 19.
c. Those structures, properties, facilities or actions, the
acquisition, construction, improvement, installation, reconstruction,
enlargement, repair, equipping, purchasing, or taking of which would
constitute an essential corporate purpose or general corporate
purpose as defined in section 384.24, subsections 3 and 4.
5. "Property" means real property as defined in section 4.1,
subsection 13, and in section 427A.1, subsection 1, paragraph
"h".
6. "Property owner" or "owner" means the owner of
property, as shown by the transfer books in the office of the county
auditor of the county in which the property is located.
7. "Self-liquidating improvement" means any facility or
property proposed to be leased in whole or in part to any person or
governmental body to further the corporate purposes of the city and:
a. To aid in the commercial development of the district.
b. To further the purposes of the districts; or
c. Not substantially reduce the city's property tax base.
8. The use of the conjunctive "and" includes the disjunctive
"or" and the use of the disjunctive "or" includes the
conjunctive "and", unless the context clearly indicates
otherwise.
9. All definitions in section 362.2 are incorporated by reference
as a part of this chapter, except as provided in subsection 5. Section History: Early Form
[C77, 79, 81, § 386.1] Section History: Recent Form
84 Acts, ch 1179, § 1; 2000 Acts, ch 1148, §1; 2002 Acts, ch 1119,
§200, 201
386.2 AUTHORIZATION.
A city which proposes to create a district, to provide for its
existence and operation, to provide for improvements or
self-liquidating improvements for the district, to authorize and
issue bonds for the purposes of the district, and to levy the taxes
authorized by this chapter must do so in accordance with the
provisions of this chapter. Section History: Early Form
[C77, 79, 81, § 386.2]
386.3 ESTABLISHMENT OF DISTRICT.
1. Districts may be created by action of the council in
accordance with the provisions of this chapter. A district shall:
a. Be comprised of contiguous property wholly within the
boundaries of the city. A self-supported municipal improvement
district shall be comprised only of property in districts which are
zoned for commercial or industrial uses and properties within a duly
designated historic district.
b. Be given a descriptive name containing the words
"self-supported municipal improvement district".
c. Be comprised of property related in some manner, including
but not limited to present or potential use, physical location,
condition, relationship to an area, or relationship to present or
potential commercial or other activity in an area, so as to be
benefited in any manner, including but not limited to a benefit from
present or potential use or enjoyment of the property, by the
condition, development or maintenance of the district or of any
improvement or self-liquidating improvement of the district, or be
comprised of property the owners of which have a present or potential
benefit from the condition, development or maintenance of the
district or of any improvement or self-liquidating improvement of the
district.
2. The council shall initiate proceedings for establishing a
district upon the filing with its clerk of a petition containing:
a. The signatures of at least twenty-five percent of all
owners of property within the proposed district. These signatures
must together represent ownership of property with an assessed value
of twenty-five percent or more of the assessed value of all of the
property in the proposed district.
b. A description of the boundaries of the proposed district
or a consolidated description of the property within the proposed
district.
c. The name of the proposed district.
d. A statement of the maximum rate of tax that may be imposed
upon property within the district. The maximum rate of tax may be
stated in terms of separate maximum rates for the debt service tax,
the capital improvement fund tax, and the operation tax, or in terms
of a maximum combined rate for all three.
e. The purpose of the establishment of the district, which
may be stated generally, or in terms of the relationship of the
property within the district or the interests of the owners of
property within the district, or in terms of the improvements or
self-liquidating improvements proposed to be developed for the
purposes of the district, either specific improvements,
self-liquidating improvements, or general categories of improvements,
or any combination of the foregoing.
f. A statement that taxes levied for the self-supported
improvement district operation fund shall be used for the purpose of
paying maintenance expenses of improvements or self-liquidating
improvements for a specified length of time, along with any options
to renew, if the taxes are to be used for this maintenance purpose.
3. The council shall notify the city planning commission upon the
receipt of a petition. It shall be the duty of the city planning
commission to make recommendations to the council in regard to the
proposed district. The city planning commission shall, with due
diligence, prepare an evaluative report for the council on the merit
and feasibility of the project. The council shall not hold its public
hearings or take further action on the establishment of the district
until it has received the report of the city planning commission. In
addition to its report, the commission may, from time to time,
recommend to the council amendments and changes relating to the
project.
If no city planning commission exists, the council shall notify
the metropolitan or regional planning commission upon receipt of a
petition, and such commission shall have the same duties as the city
planning commission set forth in this subsection. If no planning
commission exists, the council shall notify the zoning commission
upon receipt of a petition, and such commission shall have the same
duties as the city planning commission set forth in this subsection.
If no planning or zoning commission exists, the council shall call a
hearing on the establishment of a district upon receipt of a
petition.
4. Upon the receipt of the commission's final report the council
shall set a time and place for a meeting at which the council
proposes to take action for the establishment of the district, and
shall publish notice of the meeting as provided in section 362.3, and
the clerk shall send a copy of the notice by certified mail not less
than fifteen days before the meeting to each owner of property within
the proposed district at the owner's address as shown by the records
of the county auditor. If a property is shown to be in the name of
more than one owner at the same mailing address, a single notice may
be mailed addressed to all owners at that address. Failure to receive
a mailed notice is not grounds for objection to the council's taking
any action authorized in this chapter.
5. In addition to the time and place of the meeting for hearing
on the petition, the notice must state:
a. That a petition has been filed with the council asking
that a district be established.
b. The name of the district.
c. The purpose of the district.
d. The property proposed to be included in the district.
e. The maximum rate of tax which may be imposed upon the
property in the district.
6. At the time and place set in the notice the council shall hear
all owners of property in the proposed district or residents of the
city desiring to express their views. The council must wait at least
thirty days after the public hearing has been held before it may
adopt an ordinance establishing a district which must be comprised of
all the property which the council finds has the relationship or
whose owners have the interest described in subsection 1, paragraph
"c". Property included in the proposed district need not be
included in the established district. However, no property may be
included in the district that was not included in the proposed
district until the council has held another hearing after it has
published and mailed the same notice as required in subsections 4 and
5 of this section on the original petition to the owners of the
additional property, or has caused a notice of the inclusion of the
property to be personally served upon each owner of the additional
property, or has received a written waiver of notice from each owner
of the additional property.
7. Adoption of the ordinance establishing a district requires the
affirmative vote of three-fourths of all of the members of the
council, or in cities having but three members of the council, the
affirmative vote of two members. However if a remonstrance has been
filed with the clerk signed by at least twenty-five percent of all
owners of property within the proposed district representing
ownership of property with an assessed value of twenty-five percent
or more of the assessed value of all of the property in the proposed
district, the adoption of the ordinance requires a unanimous vote of
the council.
8. The clerk shall cause a copy of the ordinance to be filed in
the office of the county recorder of each county in which any
property within the district is located.
9. At any time prior to adoption of an ordinance establishing a
district, the entire matter of establishing such district shall be
withdrawn from council consideration if a petition objecting to
establishing such district is filed with its clerk containing the
signatures of at least forty percent of all owners of property within
the proposed district or signatures which together represent
ownership of property with an assessed value of forty percent or more
of the assessed value of all property within the proposed district.
10. The adoption of an ordinance establishing a district is a
legislative determination that the property within the district has
the relationship or its owners have the interest required under
subsection 1, paragraph "c" and includes all of the property
within the area which has that relationship or the owners of which
have that interest in the district.
11. Any resident or property owner of the city may appeal the
action and the decisions of the council, including the creation of
the district and the levying of the proposed taxes for the district,
to the district court of the county in which any part of the district
is located, within thirty days after the date upon which the
ordinance creating the district becomes effective, but the action and
decision of the council are final and conclusive unless the court
finds that the council exceeded its authority. No action may be
brought questioning the regularity of the proceedings pertaining to
the establishment of a district or the validity of the district, or
the propriety of the inclusion or exclusion of any property within or
from the district, or the ability of the city to levy taxes in
accordance with the ordinance establishing the district, after thirty
days from the date on which the ordinance creating the district
becomes effective.
12. The procedural steps for the petitioning and creation of the
district may be combined with the procedural steps for the
authorization of any improvement or self-liquidating improvement, or
the procedural steps for the authorization of any tax, or any
combination thereof.
13. The rate of debt service tax referred to in the petition and
the ordinance creating the district shall only restrict the amount of
bonds which may be issued, and shall not limit the ability of the
city to levy as necessary in subsequent years to pay interest and
amortize the principal of that amount of bonds.
14. The ordinance creating the district may provide for the
division of all of the property within the district into two or more
zones based upon a reasonable difference in the relationship of the
property or the interest of its owners, whether the difference is
qualitative or quantitative. The ordinance creating the district and
establishing the different zones may establish a different maximum
rate of tax for each zone, or may provide that the rate of tax for a
zone shall be a certain set percentage of the tax levied in the zone
which is subject to the highest rate of tax. Section History: Early Form
[C77, 79, 81, § 386.3] Section History: Recent Form
85 Acts, ch 113, §1; 88 Acts, ch 1246, §7
Referred to in § 386.4, 386.6
386.4 AMENDMENTS TO DISTRICT.
1. The ordinance creating the district may be amended and
property may be added to the district and the maximum rate of taxes
referred to in the ordinance may be increased at any time in the same
manner and by the same procedure as for the establishment of a
district. All property added to a district shall be subject to all
taxes currently and thereafter levied including debt service levies
for bonds previously or thereafter issued.
2. Action by the council amending the ordinance creating the
district, including adding any eligible property or deleting any
property within the district or changing any maximum rate of taxes,
shall be by ordinance adopted by an affirmative vote of three-fourths
of all of the members of the council, or in cities having but three
members of the council, the affirmative vote of two members. However,
if a remonstrance has been filed with the clerk signed by at least
twenty-five percent of all owners of property within the district and
all property proposed to be included representing ownership of
property with an assessed value of twenty-five percent or more of the
assessed value of all the property in the district and all property
proposed to be included, the amending ordinance must be adopted by
unanimous vote of the council.
3. The clerk shall cause a copy of the amending ordinance to be
filed in the office of the county recorder of each county in which
any property within the district as amended is located.
4. At any time prior to council amendment of the ordinance
creating the district, the entire matter of amending such ordinance
shall be withdrawn from council consideration if a petition objecting
to amending such ordinance is filed with its clerk containing either
the signatures of at least forty percent of all owners of property
within the district and all property proposed to be included or
signatures which together represent ownership of property with an
assessed value of forty percent or more of the assessed value of all
property within the district and all property proposed to be
included.
5. Any resident or property owner of the city may appeal the
action or decisions of the council amending the ordinance creating
the district, to the district court of the county in which any part
of the district, as amended, is located, within fifteen days after
the date upon which the ordinance amending the ordinance creating the
district becomes effective, but the action and decision of the
council are final and conclusive unless the court finds that the
council exceeded its authority. No action may be brought questioning
the regularity of the proceedings pertaining to the amended ordinance
or the validity of the district as amended, or the propriety of the
inclusion or exclusion of any property within or from the amended
district, or the ability of the city to levy taxes in accordance with
the ordinance establishing the district, as amended, after thirty
days from the date upon which the amending ordinance becomes
effective.
6. All other provisions in section 386.3 shall apply to an
amended district and to the ordinance amending the ordinance creating
the district with the same effect as they apply to the original
district and the ordinance creating the original district. Section History: Early Form
[C77, 79, 81, § 386.4]
386.5 DISSOLUTION.
A district may be dissolved and terminated by action of the
council rescinding the ordinance creating the district, and any
subsequent ordinances amending the district, by an affirmative vote
of three-fourths of all members of the council, or in cities having
but three members of the council, the affirmative vote of two
members. However, if a remonstrance has been filed with the clerk
signed by at least twenty-five percent of all owners of property
within the district representing ownership of property with an
assessed value of twenty-five percent or more of the assessed value
of all the property in the district, the rescission of the ordinance
creating the district, and any subsequent ordinances amending the
district, requires a unanimous vote of the council.
At any time prior to action of the council rescinding the
ordinance creating the district, and any subsequent ordinances
amending the district, the entire matter of dissolving a district
shall be withdrawn from council consideration if a petition is filed
with its clerk containing the signatures of at least forty percent of
all owners of property within the district or signatures which
together represent ownership of property with an assessed value of
forty percent or more of the assessed value of all property within
the district. Section History: Early Form
[C77, 79, 81, § 386.5]
386.6 IMPROVEMENTS.
When a city proposes to construct an improvement the cost of which
is to be paid or financed under the provisions of this chapter, it
must do so in accordance with the provisions of this section, as
follows:
1. The council shall initiate proceedings for a proposed
improvement upon receipt of a petition signed by at least twenty-five
percent of all owners of property within the district representing
ownership of property with an assessed value of twenty-five percent
or more of the assessed value of all the property in the district.
2. Upon the receipt of such a petition the council shall notify
the city planning commission, if one exists, the metropolitan or
regional planning commission, if one exists, or the zoning
commission, if one exists, in the order set forth in section 386.3,
subsection 3. Upon notification by the council, the commission shall
prepare an evaluative report for the council on the merit and
feasibility of the improvement and carry out all other duties as set
forth in section 386.3, subsection 3. If no planning or zoning
commission exists, the council shall call a hearing on a proposed
improvement upon receipt of a petition.
3. Upon the receipt of the commission's report the council shall
set a time and place of meeting at which the council proposes to take
action on the proposed improvement and shall publish and mail notice
as provided in section 386.3, subsections 4 and 5.
4. The notice must include a statement that an improvement has
been proposed, the nature of the improvement, the source of payment
of the cost of the improvement, and the time and place of hearing.
5. At the time and place set in the notice the council shall hear
all owners of property in the district or residents of the city
desiring to express their views. The council must wait at least
thirty days after the public hearing has been held before it may take
action to order construction of the improvement. The provisions of
section 386.3, subsections 7 and 9 relating to the adoption of the
ordinance establishing a district, the requisite vote therefor, the
remonstrance thereto and the withdrawal of the entire matter from
council consideration apply to the adoption of the resolution
ordering the construction of the improvement.
6. If the council orders the construction of the improvement, it
shall proceed to let contracts therefor in accordance with chapter
26.
7. The adoption of a resolution ordering the construction of an
improvement is a legislative determination that the proposed
improvement is in furtherance of the purposes of the district and
that all property in the district will be affected by the
construction of the improvement, or that all owners of property in
the district have an interest in the construction of the improvement.
8. Any resident or property owner of the city may appeal the
action or decisions of the council ordering the construction of the
improvement to the district court of the county in which any part of
the district is located within thirty days after the adoption of the
resolution ordering construction of the improvement, but the action
and decisions of the council are final and conclusive unless the
court finds that the council exceeded its authority. No action may
be brought questioning the regularity of the proceedings pertaining
to the ordering of the construction of an improvement, or the right
of the city to apply moneys in the capital improvement fund referred
to in this chapter to the payment of the costs of the improvement, or
the right of the city to issue bonds referred to in this chapter for
the payment of the costs of the improvement, or the right of the city
to levy taxes which with any other taxes authorized by this chapter
do not exceed the maximum rate of tax that may be imposed upon
property within the district for the payment of principal of and
interest on bonds issued to pay the costs of the improvement, after
thirty days from the date of adoption of the resolution ordering
construction of the improvement.
9. The procedural steps contained in this section may be combined
with the procedural steps for the petitioning and creation of the
district or the procedural steps for the authorization of any tax or
any combination thereof. Section History: Early Form
[C77, 79, 81, § 386.6] Section History: Recent Form
2007 Acts, ch 144, §19
Referred to in § 386.7, 386.13
386.7 SELF-LIQUIDATING IMPROVEMENTS.
When a city proposes to construct a self-liquidating improvement,
the cost of which is to be paid or financed under the provisions of
this chapter, it must do so in accordance with the provisions of this
section as follows:
1. Section 386.6, subsections 1 to 5 are applicable to a
self-liquidating improvement to the same extent as they are
applicable to an improvement and the proceedings initiating a
self-liquidating improvement shall be governed thereby.
2. Before the council may order the construction of a
self-liquidating improvement, and after hearing thereon, it must find
that the self-liquidating improvement and the leasing of a part or
the whole of it to any person or governmental body will further the
corporate purposes of the city and will:
a. Aid in the commercial development of the district.
b. Further the interests of the district; or
c. Not substantially reduce the city's property tax base.
3. If the council orders the construction of the self-liquidating
improvement, contracts for it shall be let in accordance with chapter
26.
4. The adoption of a resolution ordering the construction of a
self-liquidating improvement is a legislative determination that the
proposed self-liquidating improvement and the leasing of a part or
the whole of it to any person or governmental body will further the
corporate purposes of the city and will:
a. Aid in the commercial development of the district.
b. Further the interests of the district; or
c. Not substantially reduce the city's property tax base.
5. A city may lease any or all of a self-liquidating improvement
to any person or governmental body.
6. A city may issue revenue bonds payable from the income and
receipts derived from the self-liquidated improvement. Chapter 384,
division V applies to revenue bonds for self-liquidating improvements
and the term "city enterprise" as used in that division shall be
deemed to include self-liquidating improvements authorized by this
chapter.
7. Any resident or property owner of the city may appeal a
decision of the council to order the construction of a
self-liquidating improvement or to lease any or all of a
self-liquidating improvement to the district court of the county in
which any part of the district is located, within thirty days after
the adoption of the resolution ordering the self-liquidating
improvement, but the action of the council is final and conclusive
unless the court finds that the council exceeded its authority.
8. No action may be brought questioning the regularity of the
proceedings pertaining to the ordering of the construction of a
self-liquidating improvement after thirty days from the date of
adoption of the resolution ordering construction of the
self-liquidating improvement. No action may be brought questioning
the regularity of the proceedings pertaining to the leasing of any or
all of a self-liquidating improvement after thirty days from the date
of the adoption of a resolution approving the proposed lease. In
addition to the limitation contained in section 384.92, no action may
be brought which questions the legality of revenue bonds or the power
of the city to issue revenue bonds or the effectiveness of any
proceedings relating to the authorization and issuance of revenue
bonds relating to a self-liquidating improvement after thirty days
from the time the bonds are ordered issued by the city.
9. The procedural steps contained in this section may be combined
with the procedural steps for the petitioning and creation of the
district. Section History: Early Form
[C77, 79, 81, § 386.7] Section History: Recent Form
89 Acts, ch 83, §50; 2007 Acts, ch 144, §20
386.8 OPERATION TAX.
A city may establish a self-supported improvement district
operation fund, and may certify taxes not to exceed the rate
limitation as established in the ordinance creating the district, or
any amendment thereto, each year to be levied for the fund against
all of the property in the district, for the purpose of paying the
administrative expenses of the district, which may include but are
not limited to administrative personnel salaries, a separate
administrative office, planning costs including consultation fees,
engineering fees, architectural fees, and legal fees and all other
expenses reasonably associated with the administration of the
district and the fulfilling of the purposes of the district. The
taxes levied for this fund may also be used for the purpose of paying
maintenance expenses of improvements or self-liquidating improvements
for a specified length of time with one or more options to renew if
such is clearly stated in the petition which requests the council to
authorize construction of the improvement or self-liquidating
improvement, whether or not such petition is combined with the
petition requesting creation of a district. Parcels of property
which are assessed as residential property for property tax purposes
are exempt from the tax levied under this section except residential
properties within a duly designated historic district. A tax levied
under this section is not subject to the levy limitation in section
384.1. Section History: Early Form
[C77, 79, 81, § 386.8] Section History: Recent Form
85 Acts, ch 113, §2
386.9 CAPITAL IMPROVEMENT TAX.
A city may establish a capital improvement fund for a district and
may certify taxes, not to exceed the rate established by the
ordinance creating the district, or any subsequent amendment thereto,
each year to be levied for the fund against all of the property in
the district, for the purpose of accumulating moneys for the
financing or payment of a part or all of the costs of any improvement
or self- liquidating improvement. However, parcels of property which
are assessed as residential property for property tax purposes are
exempt from the tax levied under this section except residential
properties within a duly designated historic district. A tax levied
under this section is not subject to the levy limitations in section
384.1 or 384.7. Section History: Early Form
[C77, 79, 81, § 386.9] Section History: Recent Form
85 Acts, ch 113, §3
Referred to in § 386.12
386.10 DEBT SERVICE TAX.
A city shall establish a self- supported municipal improvement
district debt service fund whenever any self-supported municipal
improvement district bonds are issued and outstanding, other than
revenue bonds, and shall certify taxes to be levied against all of
the property in the district for the debt service fund in the amount
necessary to pay interest as it becomes due and the amount necessary
to pay, or to create a sinking fund to pay, the principal at maturity
of all self-supported municipal improvement district bonds as
authorized in section 386.11, issued by the city. However, parcels
of property which are assessed as residential property for property
tax purposes at the time of the issuance of the bonds are exempt from
the tax levied under this section until the parcels are no longer
assessed as residential property or until the residential properties
are designated as a part of an historic district. Section History: Early Form
[C77, 79, 81, § 386.10] Section History: Recent Form
85 Acts, ch 113, §4
Referred to in § 386.11
386.11 SELF-SUPPORTED MUNICIPAL IMPROVEMENT DISTRICT
BONDS.
1. A city may issue and sell self-supported municipal improvement
district bonds at public or private sale payable from taxes which
must be levied in accordance with chapter 76. The bonds are payable
from the levy of unlimited ad valorem taxes on all the taxable
property within the district through the district debt service fund
authorized by section 386.10. When self-supported municipal
improvement district bonds are issued and taxes are levied in
accordance with chapter 76, the taxes shall continue to be levied,
until the bonds and interest thereon are paid in full, against all of
the taxable property that was included in the district at the time of
the issuance of the bonds, regardless of any subsequent removal of
any property from the district or the dissolution of the district.
2. The proceeds of the sale of the bonds may be used to pay any
or all of the costs of any improvement, or be used to pay any legal
indebtedness incurred for the cost of any improvement including bonds
or warrants previously issued to pay the costs of an improvement, or
bonds may be exchanged for the evidences of such legal indebtedness.
3. Before the council may institute proceedings for the issuance
of bonds, it shall proceed in the same manner as is required for the
institution of proceedings for the issuance of bonds for an essential
corporate purpose as provided in section 384.25, subsection 2 and all
of the provisions of that subsection apply to bonds issued pursuant
to this section.
4. A city may issue bonds authorized by this section pursuant to
a resolution adopted at a regular or special meeting by an
affirmative vote of a majority of the total members to which the
council is entitled. The proceeds of a single bond issue may be used
for various improvements.
5. The provisions of sections 384.29, 384.30, and 384.31 apply to
bonds issued pursuant to this section, except that the bonds shall be
designated "municipal improvement district bonds".
6. No action may be brought which questions the legality of bonds
issued pursuant to this section or the power of a city to issue the
bonds or the effectiveness of any proceedings relating to the
authorization and issuance of the bonds after thirty days from the
time the bonds are ordered issued by the city. Section History: Early Form
[C77, 79, 81, § 386.11]
Referred to in § 386.10, 386.12
386.12 PAYMENT FOR IMPROVEMENTS.
The costs of improvements may be paid from any of the following
sources or a combination thereof:
1. The capital improvement fund referred to in section 386.9.
2. The proceeds of bonds referred to in section 386.11.
3. Any other funds of the city which are legally available to pay
all or a portion of the cost of an improvement. The fact that an
improvement is initiated under the provisions of this chapter, or any
of the costs of an improvement or any part of an improvement are
being paid under the provisions of this chapter, shall not preclude
the city from paying any costs of an improvement from any fund from
which it might otherwise have been able to pay such costs. In
addition, and not in limitation of the foregoing, any improvement
which constitutes an essential corporate purpose or a general
corporate purpose as defined in section 384.24, subsections 3 and 4,
may be financed in whole or in part with the proceeds of the issuance
of general obligation bonds of the city pursuant to the provisions of
chapter 384, division III.
4. Payment for the costs of an improvement may also be made in
warrants drawn on any fund from which payment for the improvement may
be made. If such funds are depleted, anticipatory warrants may be
issued bearing a rate of interest not exceeding that permitted by
chapter 74A, which do not constitute a violation of section 384.10,
even if the collection of taxes or income from the sale of bonds
applicable to the improvement is after the end of the fiscal year in
which the warrants are issued. If the city arranges for the private
sale of anticipatory warrants, they may be sold and the proceeds used
to pay the costs of the improvement. Such warrants may be used to pay
other persons furnishing services constituting a part of the cost of
the improvement. Section History: Early Form
[C77, 79, 81, § 386.12]
386.13 PARKING FEE ABATEMENTS.
A city may apply moneys in the operation fund of the district to
prepay parking fees at any city parking facility located in or used
in conjunction with the district but only after notice and hearing as
required by section 386.6. The authority to prepay such fees shall
exist only for the period of time set out in the notice to owners and
in the resolution of the council authorizing the application of funds
for that purpose. Upon the application of sufficient amounts of
prepaid fees, the city need not charge individual users of the
parking facility. Before adopting a resolution authorizing the
application of funds for such purpose, the council must find that the
application will further the purposes of the district, including but
not limited to increasing the commercial activity in the district.
Section History: Early Form
[C77, 79, 81, § 386.13]
386.14 INDEPENDENT PROVISIONS.
The provisions of this chapter with respect to notice, hearing and
appeal for the construction of improvements and self-liquidating
improvements and the issuance and sale of bonds are in lieu of the
provisions contained in chapters 73A and 75, or any other law, unless
specifically referred to and made applicable by this chapter. Section History: Early Form
[C77, 79, 81, § 386.14]