As used in the city code of Iowa, unless the context otherwise requires:
1. “Administrative agency” means an agency established by a city for any city purpose or for the administration of any city facility, as provided in chapter 392, except a board established to administer a municipal utility, a zoning commission and zoning board of adjustment, or any other agency which is controlled by state law. An administrative agency may be designated as a board, board of trustees, commission, or by another title. If an agency is advisory only, such a designation must be included in its title.
2. “Amendment” means a revision or repeal of an existing ordinance or code of ordinances.
3. “Charter” means the form of government selected by a city as provided in chapter 372.
4. “City” means a municipal corporation, but not including a county, township, school district, or any special-purpose district or authority. When used in relation to land area, “city” includes only the area within the city limits.
5. “City code” means the city code of Iowa.
6. “City utility” means all or part of a waterworks, gasworks, sanitary sewage system, storm water drainage system, electric light and power plant and system, heating plant, cable communication or television system, telephone or telecommunications systems or services offered separately or combined with any system or service specified in this subsection or authorized by other law, any of which are owned by a city, including all land, easements, rights-of-way, fixtures, equipment, accessories, improvements, appurtenances, and other property necessary or useful for the operation of the utility.
7. “Clerk” means the recording and recordkeeping officer of a city regardless of title.
8. “Council” means the governing body of a city.
9. “Council member” means a member of a council, including an alderman.
10. “Eligible elector” means the same as it is defined in section 39.3, subsection 6.
11. “Governmental body” means the United States of America or an agency thereof, a state, a political subdivision of a state, a school corporation, a public authority, a public district, or any other public body.
12. “May” confers a power.
13. “Measure” means an ordinance, amendment, resolution, or motion.
14. “Must” states a requirement.
15. “Officer” means a natural person elected or appointed to a fixed term and exercising some portion of the power of a city.
16. “Ordinance” means a city law of a general and permanent nature.
17. “Person” means an individual, firm, partnership, domestic or foreign corporation, company, association or joint stock association, trust, or other legal entity, and includes a trustee, receiver, assignee, or similar representative thereof, but does not include a governmental body.\n\nTue Dec 09 22:13:54 2025 Iowa Code 2026, Chapter 362 (21, 1) §362.2, DEFINITIONS AND MISCELLANEOUS PROVISIONS 2\n\n 18. “Property”, “real property”, and “personal property” have the same meaning as provided in section 4.1.
19. “Recorded vote” means a record, roll call vote.
20. “Registered voter” means the same as it is defined in section 39.3, subsection 11.
21. “Resolution” or “motion” means a council statement of policy or a council order for action to be taken, but “motion” does not require a recorded vote.
22. “Secretary” of a utility board means the recording and recordkeeping officer of the utility board regardless of title.
23. “Shall” imposes a duty. [C50, §391A.1; C54, 58, 62, 66, 71, 73, §363A.2, 391A.1; C75, 77, 79, 81, §362.2] 90 Acts, ch 1206, §1; 93 Acts, ch 153, §1; 94 Acts, ch 1169, §65; 99 Acts, ch 63, §2, 8 Referred to in §28J.1, 29D.2, 169C.1, 200.22, 206.34, 364.4, 386.1, 390.1, 403.7, 404A.1, 455B.291, 476C.1, 478.16, 592.9, 717.1, 717B.1 \n
Notes of Decisions
Iowa Tel. Ass'n v. City of Hawarden, 589 N.W.2d 245 (Iowa 1999).
· cites it 12× “” Indeed, the State, through its statutory regulation of the services that may be offered by municipal utilities, is the entity that authorizes the operation of cable systems by such utilities; See Iowa Code §§ 362.2 (6), 384.81(1). Because the State of Iowa is a franchising…”
Koethe v. Johnson, 328 N.W.2d 293 (Iowa 1982).
· cites it 4× “Iowa Code § 362.2 (22). By its very functions, a city utility is a public body, Iowa Code § 362.”
City of Clinton v. Sheridan, 530 N.W.2d 690 (Iowa 1995).
· cites it 4× “Iowa Code § 362.2 (8) (1993). A city may, except as expressly limited by the Constitution, and if not inconsistent with the laws of the general assembly, exercise any power and perform any function it deems appropriate to protect and preserve the rights, privileges, and property…”
Lisa Kragnes v. City of Des Moines, Iowa, 810 N.W.2d 492 (Iowa 2012).
· cites it 2× “The City contends the plain language of section 362.2(4)(f) allows it to continue to collect a 5% franchise fee pursuant to its ordinances which were in effect on May 26, 2009.”
French v. Iowa Dist. Court for Jones Cnty., 546 N.W.2d 911 (Iowa 1996).
· cites it 2× “A city, as defined in Iowa Code § 362.2 (4) (1995), has the statutory authority to require a property owner to abate a nuisance in any reasonable manner.”
City of Webster City v. Draheim, 292 N.W.2d 406 (Iowa 1980).
· cites it 2× “” An ordinance is “a city law of a general and permanent nature,” section 362.2(18), The Code, and not a statute enacted by the legislature.”
Bryan v. City of Des Moines, 261 N.W.2d 685 (Iowa 1978).
“As the words are used in the Code, a “resolution” is “a council statement of policy or a council order for action to be taken, * * while an “ordinance” is “a city law of a general and permanent nature.”
Wright v. Town of Huxley, 249 N.W.2d 672 (Iowa 1977).
“Although now Huxley should be called a city rather than a town, (§ 362.2(1), The Code, 1975), it was designated throughout these proceedings by the latter name.”
Vaughn v. City of Cedar Rapids, 527 N.W.2d 411 (Iowa Ct. App. 1994).
· cites it 2× “Vaughn interprets this to mean the city owes him back wages for the length of the contract, or at least through April 21, 1992 when his replacement was formally appointed.”
— Iowa Code § 362.2(1) — 1 case
Wright v. Town of Huxley, 249 N.W.2d 672 (Iowa 1977).
“Although now Huxley should be called a city rather than a town, (§ 362.2(1), The Code, 1975), it was designated throughout these proceedings by the latter name.”
— Iowa Code § 362.2(14) — 1 case
— Iowa Code § 362.2(18) — 3 cases
City of Webster City v. Draheim, 292 N.W.2d 406 (Iowa 1980).
“” An ordinance is “a city law of a general and permanent nature,” section 362.2(18), The Code, and not a statute enacted by the legislature.”
Bryan v. City of Des Moines, 261 N.W.2d 685 (Iowa 1978).
“As the words are used in the Code, a “resolution” is “a council statement of policy or a council order for action to be taken, * * while an “ordinance” is “a city law of a general and permanent nature.”
— Iowa Code § 362.2(20) — 1 case
— Iowa Code § 362.2(4)(f) — 1 case
Lisa Kragnes v. City of Des Moines, Iowa, 810 N.W.2d 492 (Iowa 2012).
“The City contends the plain language of section 362.2(4)(f) allows it to continue to collect a 5% franchise fee pursuant to its ordinances which were in effect on May 26, 2009.”
— Iowa Code § 362.2(6) — 2 cases
Iowa Tel. Ass'n v. City of Hawarden, 589 N.W.2d 245 (Iowa 1999).
“” Indeed, the State, through its statutory regulation of the services that may be offered by municipal utilities, is the entity that authorizes the operation of cable systems by such utilities; See Iowa Code §§ 362.2 (6), 384.81(1). Because the State of Iowa is a franchising…”
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