Idaho Code

Idaho Code § 50-329 (2026)

Franchise ordinances — Regulations. 

✓ current as of May 2026
Find cases: SyfertCases citing this section IClegislature.idaho.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Franchise ordinances — Regulations. 

No ordinance granting a franchise in any city shall be passed on the day of its introduction, nor for thirty (30) days thereafter, nor until such ordinance shall have been published in at least one (1) issue of the official newspaper of the city; and after such publication, such proposed ordinance shall not thereafter and before its passage be amended in any particular wherein the amendment shall impose terms, conditions or privileges less favorable to the city than the proposed ordinance as published; but amendments favorable to the city may be made at any time and after publication; provided that an ordinance granting a franchise to lay a spur, railroad track or tracks connecting manufacturing plants, warehouses or other private property with a main railroad line, need not be published before the same is passed by the council. No franchise shall be created or granted by the city council otherwise than by ordinance, and the passage of any such ordinance shall require the affirmative vote of one-half (1/2) plus one (1) of the members of the full council. Franchises created or granted by the city council for electric, natural gas or water public utilities, as defined in chapter 1, title 61, Idaho Code, or to cooperative electrical associations, as defined in section 63-3501(a), Idaho Code, shall be for terms of not less than ten (10) years and not greater than fifty (50) years unless otherwise agreed to by the utility or cooperative electrical association. All publications of ordinances granting a franchise, both before and after passage, shall be made at the expense of the applicant or grantee. Where an ordinance granting a franchise is sought to be amended after the same has been in force, the provisions of this section as to publication, before final action upon such amendment, shall apply as in cases of proposed ordinances granting original franchises.

Notes of Decisions
Cited in 3 cases, 1971–2003 · leading case: Alpert v. Boise Water Corp., 795 P.2d 298 (Idaho 1990).
Alpert v. Boise Water Corp., 795 P.2d 298 (Idaho 1990). · cites it 12× “We affirm the district court's ruling in this regard and hold that the power to grant franchises rests in the municipalities rather than the Ada County Highway District.”
KTVB, INC. v. Boise City, 486 P.2d 992 (Idaho 1971). · cites it 4× “Appellants, in support of this contention, cite I.C. §§ 50-329 and 59-201. I.C. § 50-329 provides in part “* * * No franchise shall be created or granted by the city council otherwise than by ordinance, and the passage of any such ordi *281 nance shall require the affirmative…”
Teresa D. v. City of Fruitland, 89 P.3d 841 (Idaho 2003). · cites it 4× “See I.C. §§ 50-329, -329A (detailing special conditions and treatment for water and gas franchises).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.