384.49 - RESOLUTION OF NECESSITY.

        384.49  RESOLUTION OF NECESSITY.         If, upon adoption of the plat, schedule, and estimate, the council      determines to proceed with all or any part of the public improvement,      it shall cause a proposed resolution of necessity to be prepared and      introduced.         1.  The resolution of necessity must include all of the following:         a.  A brief description of the proposed public improvement.         b.  A statement that there is on file in the office of the      clerk an estimated total cost of the work, and a preliminary plat and      schedule showing the amount proposed to be assessed to each lot for      the improvement.         c.  The date, time, and place the council will hear property      owners subject to the assessment and interested parties for or      against the improvement, its cost, the assessment, or the boundaries      of the district.         2.  A resolution of necessity may include:         a.  Any number of streets or sewer lines for improvement.         b.  All improvements which are included in the preliminary      resolution.         c.  A provision that unless a property owner files objections      with the clerk at the time of hearing on the resolution of necessity,      the property owner is deemed to have waived all objections pertaining      to the regularity of the proceeding and the legality of using the      special assessment procedure.         3. a.  To replace curbing and gutters in cities with a      population of less than ten thousand, the council may adopt a      preliminary resolution as provided in subsection 1. The description      of the curbing and gutters to be replaced shall be prepared under the      council's supervision.  The council may, by resolution, provide for      the computation of the assessments on the basis of the original      assessment or of the lineal footage of the curbing and gutters to be      replaced.  Public improvements initiated under this subsection shall      in all other respects comply with this division.         b.  For purposes of this subsection, "replace" means to      substitute new curb and gutter at the same location where old curb      and gutter is located and being reconstructed due to deterioration or      destruction.  "Replace" does not include the reconstruction of      curb and gutter to change the grade or reconstruction required      because of a street widening project.  
         Section History: Early Form
         [C73, § 465, 466; C97, § 791, 810; S13, § 849-c; SS15, § 751, 810,      840-j, 840-m; C24, § 5942, 5991, 5992; C27, § 5942-b2, 5991, 5992,      5995, 6082; C31, 35, § 5942-b2, 5991, 5992, 5995, 6082, 6610-c17;      C39, § 5942.2, 5991, 5992, 5995, 6082, 6610.16; C46, § 389.6,      391.18, 391.19, 391.22, 395.4, 417.17; C50, § 389.6, 391.18, 391.19,      391.22, 391A.9, 395.4, 417.17; C54, 58, 62, § 389.6, 391.18, 391.19,      391.22, 391A.12, 395.4, 417.17; C66, 71, 73, § 389.6, 390A.7, 390A.8,      390A.11, 391.18, 391.19, 391.22, 391A.12, 395.4, 417.17; C75, 77, 79,      81, § 384.49; 82 Acts, ch 1087, § 1]