384.24 - DEFINITIONS.

        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.  
         Section History: Early Form
        1.  [C75, 77, 79, 81, § 384.24(1)]        2. a.  [C46, § 390.1; C50, 54, 58, 62, 66, 71, 73, §      390.1, 390.7; C75, 77, 79, 81, § 384.24(2, a)]         b.  [C35, § 5903-f1; C39, § 5903.12; C46, 50, 54, 58, 62, 66,      § 385.1; C71, 73, § 378A.1, 385.1; C75, 77, 79, 81, § 384.24(2, b)]         c.  [R60, § 1111; C73, § 538; C97, § 957; C24, 27, 31, 35, 39, §      6742; C46, 50, § 368.9, 420.53; C54, 58, 62, 66, 71, 73, §      368.30; C75, 77, 79, 81, § 384.24(2, c)]         d.  [S13, § 741-w2; C24, 27, 31, § 5902; C35, § 5902, 6066-f2;      C39, § 5902, 6066.25; C46, 50, 54, 58, 62, 66, 71, 73, § 384.3,      394.2; C75, 77, 79, 81, § 384.24(2, d)]         e.  [C31, 35, § 5903-c2; C39, § 5903.02; C46, 50, 54, 58, 62,      66, 71, 73, § 330.2; C75, 77, 79, 81, § 384.24(2, e)]         f.  [S13, § 1056-a61; SS15, § 696-b; C24, 27, 31, § 5746, 6592;      C35, § 5746, 6066-f1, 6066-f5, 6592; C39, § 5746, 6066.24, 6066.28,      6592; C46, 50, § 368.9, 394.1, 394.5, 416.120; C54, 58, 62, 66, 71,      73, § 368.24, 394.1, 394.5; C75, 77, 79, 81, § 384.24(2, f)]         g.  [C31, 35, § 5899-c1; C39, § 5899.01; C46, 50, 54, 58, 62,      66, 71, 73, § 383.1; C75, 77, 79, 81, § 384.24(2, g)]         h.  [C75, 77, 79, 81, § 384.24(2, h)]         i.  [C58, 62, 66, 71, 73, § 386B.2; C75, 77, 79, 81, § 384.24(2,      i)]         j.  [C75, 77, 79, 81, § 384.24(2, j)]         k.  [C75, 77, 79, 81, § 384.24(2, k)]        3. a.  [R60, § 1064, 1097; C73, § 464, 465, 527;      C97, § 751, 782; S13, § 1056-a65; SS15, § 751, 997-a, -c; C24, 27,      31, 35, 39, § 5938, 5951, 6608, 6744, 6746; C46, 50, § 389.1,      389.20, 416.138, 420.55, 420.57; C54, 58, 62, 66, 71, 73, § 368.32,      389.1, 389.20, 408.17; C75, 77, 79, 81, § 384.24(3, a)]         b.  [R60, § 1064; C73, § 464; C97, § 756; C24, 27, 31, 35, 39, §      5949; C46, 50, 54, 58, 62, 66, 71, 73, § 389.16; C75, 77, 79, 81,      § 384.24(3, b)]         c.  [C73, § 466; C97, § 779; S13, § 779; C24, 27, 31, 35, 39, §      5962; C46, 50, 54, 58, § 389.31; C62, 66, 71, 73, § 389.31,      391.1; C75, 77, 79, 81, § 384.24(3, c)]         d.  [S13, § 1056-a63; C24, 27, 31, 35, 39, § 6125, 6594; C46,      50, § 396.22, 416.122; C54, 58, § 396.22, 404.18; C62, 66, 71, 73, §      396.22, 404.19; C75, 77, 79, 81, § 384.24(3, d)]         e.  [R60, § 1097; C73, § 527; C97, § 757, 758; SS15, § 758; C24,      27, 31, 35, 39, § 5874--5876; C46, 50, § 381.1--381.3; C54, 58,      62, 66, § 381.1; C71, 73, § 381.1, 381.3; C75, 77, 79, 81, §      384.24(3, e)]         f.  [C97, § 905; C24, 27, 31, 35, 39, § 6252; C46, 50, 54, 58,      62, 66, 71, 73, § 408.1; C75, 77, 79, 81, § 384.24(3, f)]         g.  [C27, 31, 35, § 6066-a1; C39, § 6066.03; C46, 50, 54, §      392.1; C58, 62, 66, 71, 73, § 368.49, 392.1; C75, 77, 79, 81, §      384.24(3, g)]         h.  [C75, 77, 79, 81, § 384.24(3, h)]         i.  [SS15, § 849-a; C24, 27, 31, 35, 39, § 6080; C46, 50, 54,      58, 62, 66, 71, 73, § 395.1; C75, 77, 79, 81, § 384.24(3, i)]         j.  [C54, 58, 62, 66, 71, 73, § 368.16; C75, 77, 79, 81, §      384.24(3, j)]         k.  [R60, § 1060; C73, § 458; C97, § 697; C24, 27, 31, 35, 39, §      5750; C46, 50, § 368.13; C54, 58, 62, 66, 71, 73, § 368.29; C75,      77, 79, 81, § 384.24(3, k)]         l.  [C66, 71, 73, § 368.74; C75, 77, 79, 81, § 384.24(3, l)]         m.--p.  [C77, 79, 81, § 384.24(3, m--p)]         q.  [C75, § 384.24(4, g); C77, 79, 81, § 384.24(3, q)]         r.  [82 Acts, ch 1089, § 1]        4. a.  [S13, § 741-w2, 1306-b; C24, 27, 31, 35, 39,      § 5902, 6239; C46, 50, § 384.3, 407.3(1); C54, 58, 62, 66, 71,      73, § 384.3, 390.13, 407.3(1); C75, 77, 79, 81, § 384.24(4, a)]         b.  [R60, § 1111; C73, § 538; C97, § 852, 957; S13, § 850-c; SS15,      § 879-r; C24, 27, 31, 35, 39, § 5793, 5830, 5844, 6239, 6742;      C46, 50, § 368.9, 370.7, 374.1, 377.1, 407.3(2, 3), 420.53; C54, 58,      62, 66, 71, 73, § 368.30, 370.7, 374.1, 377.1, 407.3(2, 3); C75, 77,      79, 81, § 384.24(4, b)]         c.  [R60, § 1116; C73, § 542; C97, § 732, 735; S13, § 668, 732,      741-r; SS15, § 741-f; C24, 27, § 5772, 6239; C31, § 5772, 6239,      6600-c1; C35, § 5772, 6239, 6579-f; C39, § 5772, 6239, 6579.1;      C46, 50, § 368.40, 407.3(4--6), 416.107; C54, 58, 62, 66, § 368.15,      368.41, 407.3(4--6); C71, 73, § 368.15, 368.41, 407.3(4--6, 9); C75,      77, 79, 81, § 384.24(4, c)]         d.  [C27, 31, 35, 39, § 6239; C46, 50, 54, 58, 62, 66, 71, 73,      § 407.3(7); C75, 77, 79, 81, § 384.24(4, d)]         e.  [S13, § 1056-a65; SS15, § 997-a, -c; C24, 27, 31, 35, 39, §      6608, 6744, 6746; C46, 50, § 416.138, 420.55, 420.57; C54, 58,      62, 66, 71, 73, § 368.32; C75, 77, 79, 81, § 384.24(4, e)]         f.  [C75, 77, 79, 81, § 384.24(4, f)]         g.  [C77, 79, 81, § 384.24(4, g)]         h.  [C31, 35, § 5766-c1; C39, § 5766.2; C46, § 368.31; C50, §      368.31, 368.57, 392.1; C54, 58, 62, 66, 71, 73, § 368.12, 368.19,      392.1; C75, 77, 79, 81, § 384.24(4, h)]         i.  [C75, 77, 79, 81, § 384.24(4, i)]        5.  [C75, 77, 79, 81, § 384.24(5)] 
          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.      
         Section History: Early Form
         [R60, § 1060; C73, § 458; C97, § 697; S13, § 716-d, 840-e, 849-h,      -j, 912, 912-a, 1056-a43, -a63, -a64; SS15, § 758-b, -e, 840-g, -p,      997-a, -c; C24, § 5750, 5878--5881, 6103, 6126, 6261--6263, 6265,      6576, 6594, 6595, 6608, 6744, 6746; C27, 31, 35, § 5750, 5878--5881,      6066-a11, 6103, 6126, 6261--6263, 6265, 6594, 6595, 6608, 6744, 6746;      C39, § 5750, 5878--5881, 6066.13, 6103, 6126, 6261, 6261.1, 6261.2,      6262, 6263, 6265, 6576, 6594, 6595, 6608, 6744, 6746; C46, 50, §      368.13, 381.5--381.8, 392.11, 395.25, 396.22, 408.10--408.14, 408.16,      416.101, 416.104, 416.122, 416.123, 416.138, 420.55, 420.57; C54, 58,      § 368.16, 368.29, 368.32, 381.7, 392.11, 395.25, 396.22, 404.18,      408.17; C62, 66, 71, 73, § 368.16, 368.29, 368.32, 381.7, 392.11,      395.25, 396.22, 404.19, 408.17; C75, 77, 79, 81, § 384.25] 
         Section History: Recent Form
         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.      
         Section History: Early Form
         [C73, § 461; C97, § 727, 741-4, 852--855; S13, § 727, 741-q, -r,      -v, -w2, 850-c, -e, -f, 1306-d, -e; SS15, § 696-b, 741-f, -g, -h,      879-r, -s; C24, 27, § 5793--5795, 5800--5804, 5902, 6241, 6244--6246,      6248; C31, 35, § 5793--5795, 5800--5804, 5902, 5903-c5, 6241,      6244--6246, 6248; C39, § 5793--5795, 5800--5804, 5902, 5903.05,      6241, 6244--6246, 6248, 6261.1; C46, 50, § 330.7, 330.8,      370.7--370.9, 370.15--370.19, 384.3, 407.5, 407.8--407.10, 407.12,      408.11; C54, 58, 62, 66, § 330.7, 370.7, 384.3, 390.13, 407.5,      407.8--407.10, 407.12; C71, 73, § 330.7, 370.7, 378A.11, 384.3,      390.13, 407.5, 407.8--407.10, 407.12, 408A.1, 408A.2, 408A.6; C75,      77, 79, 81, § 384.26] 
         Section History: Recent Form
         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.  
         Section History: Early Form
         [R60, § 1064, 1097; C73, § 464--466, 527; C97, § 751, 779, 792;      S13, § 779, 792, 792-f, 840-c, -d; SS15, § 751, 840-h, -r; C24, 27, §      5938, 5962, 5974, 5975, 5987; C31, 35, § 5938, 5962, 5974, 5975,      5987, 6610-c8; C39, § 5938, 5962, 5974, 5975, 5987, 6610.04; C46,      § 389.1, 389.31, 391.1, 391.2, 391.14, 417.8; C50, 54, 58, 62, §      389.1, 389.31, 391.1, 391.2, 391.14, 391A.1, 417.8; C66, 71, 73, §      389.1, 389.31, 390A.39, 391.1, 391.2, 391.14, 391A.1, 417.8; C75, 77,      79, 81, § 384.37] 
         Section History: Recent Form
         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.  
         Section History: Early Form
         [SS15, § 840-d, -g; C24, § 5985, 5986; C27, 31, 35, § 5985, 5986,      6190-a1; C39, § 5985, 5986, 6190.01; C46, § 391.12, 391.13,      401.1; C50, § 391.12, 391.13, 391A.2, 401.1, 420.56; C54, 58, 62, §      391.12, 391.13, 391A.2, 401.1; C66, 71, 73, § 390A.3, 390A.18,      391.12, 391.13, 391A.2, 401.1; C75, 77, 79, 81, § 384.38] 
         Section History: Recent Form
         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.  
         Section History: Early Form
         [C31, 35, § 6610-c7; C39, § 6610.13; C46, 50, 54, 58, 62, 66,      71, 73, § 417.7; C75, 77, 79, 81, § 384.41] 
         Section History: Recent Form
         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.  
         Section History: Early Form
         [C50, § 391A.25; C54, 58, 62, 66, 71, 73, § 391A.7; C75, 77, 79,      81, § 384.44]