§ 384.38 — Certain costs assessed to private property

Iowa § 384.38

• Jurisdiction: Iowa
• Title IX: LOCAL GOVERNMENT
• Ch. 384: CITY FINANCE

Text

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
andtreatmentplants, waterworks, watermains, extensions, anddrainageconduitsextending
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. A city may establish, by ordinance or by resolution adopted as an ordinance after
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.
b. 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.

Legislative History

[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]