§ 384.54 — Confirmation by decree

Iowa § 384.54

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

Text

1. At any time after final adoption of the resolution of necessity, but before awarding the

contract, the council may direct the city attorney to file, in the district court of the county in
which the property proposed to be assessed is located, a petition praying that the acts done
by the council relative to the proposed public improvement be confirmed by decree.
2. The following must be filed with the petition in the office of the clerk of the court:
a. A copy of the resolution of necessity as adopted by the council.
b. A copy of the proposed schedule of assessments as adopted by the council under
sections 384.48 and 384.51, which schedule shows the maximum amount that the council
proposes to assess against any lot.
c. Preliminary plans and specifications, or, if available, detailed plans and specifications
as prepared by the engineer.
d. A copy of the proposed contract if prepared.
3. Notice of the filing of the petition must be given in the same manner as is provided for
service of original notice by publication by the rules of civil procedure, except as follows:
a. No affidavit of inability to obtain personal service within the state of Iowa is required.
b. The original notice must name as defendants those property owners who, on the date
of filing the petition, have an interest in the real property to be assessed as a part of the
public improvement, and the original notice must state that a plat and schedule is on file in
the office of the clerk of the district court where the action is pending. No property owner is
an indispensable party to the action. Publication of plat and schedule as part of the original
notice is not required, nor shall reference in the original notice to specific descriptions of
affected real property or the amounts of proposed assessments be necessary.
4. The petition must be given precedence over any other business of the court, except
criminal cases. The court shall set the petition for hearing within thirty days from the date
of final publication of notice. As a part of its order, the court may provide for a pretrial
conference to be held not earlier than twenty days from the date of final publication of notice
and require the appearance at the pretrial conference of all interested parties. Failure to
appear at the pretrial conference may be grounds for dismissing any objection.
5. If no person having an interest in property proposed to be assessed has entered an
appearance or filed an answer within the time set for hearing on the petition, the court shall
confirm the assessment, and order the clerk of court to certify its decree to the city clerk.
6. If any person having an interest in property proposed to be assessed has entered an
appearance or filed an answer to the petition, the court shall hear the cause as an action
triable in equity.
7. Upon the hearing the court may correct any irregularities or inequalities in valuations
or in the schedule of assessments, and shall consider any objections because of alleged illegal
procedure or fraud.
8. The court shall render a decision upon the hearing as soon as practical after the final
submission of the cause.
9. The clerk of the court shall certify to the city clerk the final action of the court, within
three days from the date of the final decree upon the petition, showing assessments as
confirmed in the schedule of assessments.
10. An appeal from the decree of the district court must be taken as in other equity cases.
11. A contract may or may not be let, in the discretion of the council, until appeals are
finally determined, but the appeals need not delay the letting and execution of a contract for
the work, if the council concludes the appeals were not taken in good faith.
12. An appeal does not, in the discretion of the council, delay the certification of an
assessment or progress of an improvement, but upon decision of the appeal the assessment
appealed from must be corrected and collected in the same manner as provided in section
384.74.
13. Corrections of assessments or valuations made by order of the district court are
conclusive and not subject to review on appeal, or otherwise, except as provided in
subsections 10 through 12 of this section. When court confirmation is obtained there is no
right of appeal under the provisions of section 384.66.
14. If no contract is entered into within ninety days from the date of confirmation by the
district court or within a further time allowed by the court on subsequent application, and

if no appeal is pending, the court shall cancel the assessment, upon application of the city
attorney.
15. a. The cost of all court proceedings are a legitimate item of expense in connection
with a public improvement, and may be included within the final assessment against any
property specially benefited in the assessment district.
b. Whenever on a hearing by the court, the amount of any assessment is reduced
or canceled so that there is a deficiency in the total amount remaining assessed in the
proceeding, the court may assess the deficiency to the city or distribute the deficiency upon
the other property abutting upon or adjacent to the improvement or in the district assessed,
in a manner the court finds to be just and equitable, not exceeding, however, the amount the
property would be specially benefited by the improvement, and not exceeding twenty-five
percent of the value of the lot as shown by the plat and schedule of assessments or as
reduced by the court.

Legislative History

[C31, 35, §6610-c28, -c31, -c32, -c34–c40, -c42–c44, -c56; C39, §6610.31–6610.33, 6610.36 – 6610.41, 6610.43, 6610.44, 6610.46, 6610.65, 6610.67; C46, 50, §417.28, 417.31, 417.32, 417.34 – 417.40, 417.42 – 417.44, 417.60; C54, 58, 62, 66, 71, 73, §391A.18, 417.28, 417.31, 417.32, 417.34 – 417.40, 417.42 – 417.44, 417.60; C75, 77, 79, 81, §384.54]