This text of Iowa § 386.7 (Self-liquidating improvements) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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.Section386.6, subsections1through5, areapplicabletoaself-liquidatingimprovement
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
partorthewholeofittoanypersonorgovernmentalbodywillfurtherthecorporatepurposes
of the city and will:
a.Aid in the commercial development of the district.
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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. Section386.6, subsections1through5, areapplicabletoaself-liquidatingimprovement
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
partorthewholeofittoanypersonorgovernmentalbodywillfurtherthecorporatepurposes
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
the improvement 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, subchapter V applies to revenue bonds
for self-liquidating improvements and the term “city enterprise” as used in chapter 384,
subchapter V, shall be deemed to include self-liquidating improvements authorized by this
chapter.
7 SELF-SUPPORTED MUNICIPAL IMPROVEMENT DISTRICTS, §386.9
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.