Iowa Code

Iowa Code § 384.51 (2026)

Adoption of resolution

✓ current as of July 2026

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1. The council shall meet as specified in the published notice, and after hearing all objections and endorsements from property owners and other persons having an interest in the matter, and after considering all filed, written objections, may adopt or amend and adopt the proposed resolution of necessity, or may defer action until a subsequent meeting. A resolution of necessity requires for passage the vote of three-fourths of all the members of the council, or, in cities having but three members of the council, the vote of two members, and where a remonstrance has been filed with the clerk, signed by the owners subject to seventy-five percent of the amount of the proposed assessments for the entire public improvement included in the resolution of necessity, a resolution of necessity requires a unanimous vote of the council.

2. An amendment which extends the boundaries of a district, increases the amount to be assessed against a lot, or adds additional public improvements, is not effective until an amended plat, schedule, and estimate have been prepared and adopted, a notice published and mailed to all affected property owners, and hearing held in the same manner as the original proceedings, or until all affected property owners agree in writing to the change. The adoption of a resolution of necessity is a legislative determination that the improvement is expedient and proper and that property assessed will be specially benefited by the improvement and this determination of the council is conclusive. Ownership of property to be assessed by an improvement does not, except for fraud or bad faith, disqualify a council member from voting on any measure.

3. After adopting the resolution of necessity, the clerk shall certify to the county treasurer of each county in which the assessed property is located, a copy of the resolution of necessity, the plat, and the schedule of assessments. In counties in which taxes are collected in two or more places, the resolution of necessity, the plat, and the schedule of assessments shall be certified to the office of county treasurer where the special assessments are collected. The county treasurer shall preserve the resolution, plat, and schedule as a part of the records of the office until the city certifies the final assessment schedule as provided in section 384.60 or certifies that the public improvement has been abandoned. [C73, §466; C97, §793, 794, 810, 811, 965; S13, §792-b, 793, 965; SS15, §810, 840-m; C24, 27, §5996, 5999, 6915; C31, 35, §5996, 5999, 6610-c15, 6610-c16, 6915, 6915-c1; C39, §5996, 5999, 6610.26, 6610.28, 6915, 6915.1; C46, §391.23, 391.26, 417.15, 417.16, 420.267, 420.268; C50, §391.23, 391.26, 391A.11, 417.15, 417.16, 420.267, 420.268; C54, 58, 62, §391.23, 391.26, 391A.14, 417.15, 417.16, 420.267, 420.268; C66, 71, 73, §390A.12, 391.23, 391.26, 391A.14, 417.15, 417.16, 420.267, 420.268; C75, 77, 79, 81, §384.51; 82 Acts, ch 1104, §15] 86 Acts, ch 1241, §10; 89 Acts, ch 39, §11; 2017 Acts, ch 54, §76 Referred to in §331.552, 357E.11A, 384.54, 384.65 \n

Notes of Decisions

Cited in 5 cases, 1980–1988 · leading case: City of Clive v. Iowa Concrete Block & Material Co., 298 N.W.2d 585 (Iowa 1980).

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City of Clive v. Iowa Concrete Block & Material Co., 298 N.W.2d 585 (Iowa 1980). · cites it 15× “§ 384.51. If a remonstrance has been filed, a unanimous vote of the council is needed.”

Slater v. Inc. Town of Adel, 324 N.W.2d 482 (Iowa 1982). · cites it 24× “” Iowa Code § 384.51 . At the well-attended public hearing on February 17 an overwhelming majority of the affected property owners present spoke out in opposition to the project.”

Smith v. City of Dubuque, 376 N.W.2d 602 (Iowa 1985). · cites it 8× “The resolution failed because it required for passage the affirmative vote of three-fourths of the council members pursuant to Iowa Code section 384.51 (1983). The council subsequently voted to recess the meeting until June 8, 1984.”

Uhlenhake v. City of Ossian, 418 N.W.2d 642 (Iowa 1988). · cites it 4× “See Iowa Code § 384.51 . The final valuations and assessments of the Uhlenhakes’ property are as follows: Parcel Valuation Assessment 1A $15,600 $3179.”

Tombergs v. City of Eldridge, 433 N.W.2d 731 (Iowa 1988). · cites it 2× “Iowa Code § 384.51 . The council’s determination about the expediency and propriety of the improvement is conclusive.”

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