Iowa Code » Chapter 364 — POWERS AND DUTIES OF CITIES
Iowa Code

Iowa Code § 364.2 (2026)

Vesting of power — franchises

✓ current as of July 2026
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1. A power of a city is vested in the city council except as otherwise provided by a state law.

2. The enumeration of a specific power of a city does not limit or restrict the general grant of home rule power conferred by the Constitution of the State of Iowa. A city may exercise its general powers subject only to limitations expressly imposed by a state or city law.

3. An exercise of a city power is not inconsistent with a state law unless it is irreconcilable with the state law.

4. a. A city may grant to any person a franchise to erect, maintain, and operate plants and systems for electric light and power, heating, telegraph, cable television, district telegraph and alarm, motor bus, trolley bus, street railway or other public transit, waterworks, sewer services, or gasworks, within the city for a term of not more than twenty-five years. When considering whether to grant, amend, extend, or renew a franchise, a city shall hold a public hearing on the question. Notice of the time and place of the hearing shall be published as provided in section 362.3. The franchise may be granted, amended, extended, or renewed only by an ordinance, but no exclusive franchise shall be granted, amended, extended, or renewed.

b. Such an ordinance shall not become effective unless approved at an election. The proposal may be submitted by the council on its own motion to the voters at any city election. Upon receipt of a petition meeting the requirements of section 362.4 requesting \n Tue Dec 09 22:13:50 2025 Iowa Code 2026, Chapter 364 (44, 1) §364.2, POWERS AND DUTIES OF CITIES 2\n\nthat a proposal be submitted to the voters, the council shall submit the proposal at the next regular city election or at a special election called for that purpose before the next regular city election. However, the city council may dispense with such election as to the grant, amendment, extension, or renewal of an electric light and power, heating, waterworks, sewer services under section 357A.23, or gasworks franchise unless there is a valid petition requesting submission of the proposal to the voters, or the party seeking such franchise, grant, amendment, extension, or renewal requests an election. If a majority of those voting approves the proposal, the city may proceed as proposed. The complete text of the ordinance shall be included on the ballot if conventional paper ballots are used. If an optical scan voting system is used, the proposal shall be stated on the optical scan ballot, and the full text of the ordinance posted for the voters pursuant to section 52.25. All absentee voters shall receive the full text of the ordinance.

c. Notice of the election shall be given by publication as prescribed in section 49.53 in a newspaper of general circulation in the city.

d. The person asking for the granting, amending, extension, or renewal of a franchise shall pay the costs incurred in holding the election, including the costs of the notice. A franchise shall not be finally effective until an acceptance in writing has been filed with the council and payment of the costs has been made.

e. The franchise ordinance may regulate the conditions required and the manner of use of the streets and public grounds of the city, and it may, for the purpose of providing electrical, gas, heating, or water service, confer the power to appropriate and condemn private property upon the person franchised.

f. (1) (a) A franchise fee assessed by a city may be based upon a percentage of gross revenues generated from sales of the franchisee within the city not to exceed five percent except as provided in subparagraph division (b), without regard to the city’s cost of inspecting, supervising, and otherwise regulating the franchise.

(b) For franchise fees assessed and collected during fiscal years beginning on or after July 1, 2024, by a city with a population exceeding two hundred thousand, the rate of the franchise fee shall not exceed seven and one-half percent of gross revenues generated from sales of the franchisee in the city, and franchise fee amounts assessed and collected in excess of five percent of gross revenues generated from sales shall be used solely for the purpose specified in section 384.3A, subsection 3, paragraph “j”.

(2) Franchise fees collected pursuant to an ordinance in effect on May 26, 2009, shall be deposited in the city’s general fund and such fees collected in excess of the amounts necessary to inspect, supervise, and otherwise regulate the franchise may be used by the city for any other purpose authorized by law. Franchise fees collected pursuant to an ordinance that is adopted or amended on or after May 26, 2009, to increase the percentage rate at which franchise fees are assessed shall be credited to the franchise fee account within the city’s general fund and used pursuant to section 384.3A. If a city franchise fee is assessed to customers of a franchise, the fee shall not be assessed to the city as a customer. Before a city adopts or amends a franchise fee rate ordinance or franchise ordinance to increase the percentage rate at which franchise fees are assessed, a revenue purpose statement shall be prepared specifying the purpose or purposes for which the revenue collected from the increased rate will be expended. If property tax relief is listed as a purpose, the revenue purpose statement shall also include information regarding the amount of the property tax relief to be provided with revenue collected from the increased rate. The revenue purpose statement shall be published as provided in section 362.3.

(3) When considering whether to amend an ordinance imposing a franchise fee to increase the rate of the fee, and after preparation of the revenue purpose statement under subparagraph (2), a city shall hold a public hearing on the question. Notice of the time and place of the hearing shall be published as provided in section 362.3. If a city adopts, amends, or repeals an ordinance imposing a franchise fee, the city shall promptly notify the director of revenue of such action.

g. If a city grants more than one cable television franchise, the material terms and conditions of any additional franchise shall not give undue preference or advantage to the new franchisee. A city shall not grant a new franchise that does not include the same \n Tue Dec 09 22:13:50 2025 Iowa Code 2026, Chapter 364 (44, 1) 3 POWERS AND DUTIES OF CITIES, §364.3\n\nterritory as that of the existing franchise. A new franchisee shall be given a reasonable period of time to build the new system throughout the territory.

5. If provided by ordinance, a city may enter into a chapter 28E agreement for the collection of delinquent parking fines by a county treasurer pursuant to section 321.40 at the time a person applies for renewal of a motor vehicle registration, for violations that have not been appealed or for which appeal has been denied. The city may pay the treasurer a reasonable fee for the collection of such fines, or may allow the county treasurer to retain a portion of the fines collected, as provided in the agreement.

6. A city council may by ordinance or resolution prohibit or limit the use of consumer fireworks, display fireworks, or novelties, as described in section 727.2, on any day other than July 3, July 4, and December 31 in accordance with section 727.2, subsection 4. [C51, §664; R60, §1047, 1056, 1057, 1090, 1094, 1095; C73, §454 – 456, 471, 473, 474, 517, 523, 524; C97, §695, 720 – 722, 775, 776; S13, §695, 720 – 722, 776; C24, 27, 31, 35, §5738, 5904, 5904-c1, 5905 – 5909, 6128, 6131 – 6134; C39, §5738, 5904, 5904.1, 5905 – 5909, 6128, 6131 – 6134; C46, 50, §368.1, 386.1 – 386.7, 397.2, 397.5 – 397.8; C54, 58, 62, 66, §368.2, 386.1 – 386.7, 388.5 – 388.9, 397.2, 397.5 – 397.8; C71, 73, §368.2, 386.1 – 386.7, 397.2, 397.5 – 397.8; C75, 77, 79, 81, §364.2] 83 Acts, ch 127, §5; 93 Acts, ch 143, §49; 98 Acts, ch 1123, §15; 98 Acts, ch 1148, §1, 9; 2001 Acts, ch 82, §1; 2001 Acts, ch 98, §1; 2005 Acts, ch 54, §11, 12; 2006 Acts, ch 1010, §96; 2007 Acts, ch 190, §42; 2009 Acts, ch 57, §89; 2009 Acts, ch 179, §228, 231; 2012 Acts, ch 1110, §24; 2013 Acts, ch 140, §148, 150; 2015 Acts, ch 118, §1; 2017 Acts, ch 29, §104; 2017 Acts, ch 50, §1, 2; 2017 Acts, ch 115, §8, 12; 2023 Acts, ch 71, §60, 62; 2024 Acts, ch 1108, §1; 2024 Acts, ch 1170, §369; 2025 Acts, ch 30, §64; 2025 Acts, ch 81, §2 Referred to in §306.46, 357A.23, 358C.13, 364.3, 364.4, 384.3A, 403.7, 476.84, 477A.2, 477A.5, 480A.6, 714H.4 See Code editor’s note at the beginning of this Code volume Subsection 4, paragraph h repealed by its own terms effective January 1, 2026; 2024 Acts, ch 1108, §1 Subsection 6 amended \n

Notes of Decisions
Cited in 45 cases (1 in the last 5 years), 1977–2024 · leading case: Lisa Kragnes v. City of Des Moines, Iowa, 810 N.W.2d 492 (Iowa 2012).
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Lisa Kragnes v. City of Des Moines, Iowa, 810 N.W.2d 492 (Iowa 2012). · cites it 26× “See Iowa Code § 364.2 (4)(f). Under the new regime, the amount of franchise fees is instead limited prospectively to a maximum of 5% of the customer’s utility bills.”
Kragnes v. City of Des Moines, 714 N.W.2d 632 (Iowa 2006). · cites it 14× “( Iowa Code § 364.2 ) • The city council may grant, amend, extend or renew an electric light and power, heating or gasworks franchise without an election, subject only to the possibility of a reverse referendum petition.”
Goodell v. Humboldt Cnty., 575 N.W.2d 486 (Iowa 1998). · cites it 16× “See also Iowa Code § 364.2 (2) and (3) (1983). Under home rule, a city has the power to enact an ordinance on a matter which is also the subject of statute if the ordinance and statute can be harmonized and reconciled.”
City of Clinton v. Sheridan, 530 N.W.2d 690 (Iowa 1995). · cites it 22× “Iowa Code § 364.2 (1) (1993). The City Code then places " limitations upon the powers of a city" by stating that the council must exercise a power " only by the passage of a motion, a resolution, an amendment, or an ordinance.”
City of Coralville v. Iowa Utils. Bd., 750 N.W.2d 523 (Iowa 2008). · cites it 6× “See Iowa Code § 364.2 (4)(e) (granting municipalities the right to “regulate the conditions required and the manner of use of the streets and public grounds of the city”).”
Reuven Weizberg, David Peter Veng-Pedersen, Jacob Patrick Dagel v. City of Des Moines, Iowa, & Gatso USA, Inc., 923 N.W.2d 200 (Iowa 2018). · cites it 4× “See Iowa Code § 364.2 (1). Plaintiffs dispute the City’s attempt to distinguish the cases relied on by the district court.”
Beth A. Madden v. City of Iowa City, 848 N.W.2d 40 (Iowa 2014). · cites it 6× “” Iowa Code § 364.2 (2). The City further notes that “[a]n exercise of a city power is not inconsistent with a state law unless it is irreconcilable with state law.”
Berent v. City of Iowa City, 738 N.W.2d 193 (Iowa 2007). · cites it 4× “Finally, the City seeks refuge from the plain meaning of Iowa Code section 364.2 by citation to prior authority.”
City of Council Bluffs v. Cain, 342 N.W.2d 810 (Iowa 1983). · cites it 4× “See also Iowa Code § 364.2 (2) and (3) (1983). Under home rule, a city has the power to enact an ordinance on a matter which is also the subject of statute if the ordinance and statute can be harmonized and reconciled.”
Baker v. City of Iowa City, 750 N.W.2d 93 (Iowa 2008). · cites it 2× “” Iowa Code § 364.2 (3). A municipal ordinance is *100 irreconcilable with a law of the General Assembly and, therefore, preempted by it, when the ordinance “ ‘prohibits an act permitted by statute, or permits an act prohibited by a statute.”
City of Des Moines v. Gruen, 457 N.W.2d 340 (Iowa 1990). · cites it 4× “Gruen contends that this ordinance is “inconsistent” with Iowa Code section 321.”
Bellino Fireworks, Inc. v. City of Ankeny, 332 F. Supp. 3d 1071 (S.D. Iowa 2018). · cites it 6× “" SF 489 § 8 (codified at Iowa Code § 364.2 (6) ); see also Iowa Code § 331.”
Show all 45 citing cases →
— Iowa Code § 364.2(1) — 1 case
City of Clinton v. Sheridan, 530 N.W.2d 690 (Iowa 1995). “Iowa Code § 364.2 (1) (1993). The City Code then places " limitations upon the powers of a city" by stating that the council must exercise a power " only by the passage of a motion, a resolution, an amendment, or an ordinance.”
— Iowa Code § 364.2(2) — 4 cases
Goodell v. Humboldt Cnty., 575 N.W.2d 486 (Iowa 1998). “See also Iowa Code § 364.2 (2) and (3) (1983). Under home rule, a city has the power to enact an ordinance on a matter which is also the subject of statute if the ordinance and statute can be harmonized and reconciled.”
City of Clinton v. Sheridan, 530 N.W.2d 690 (Iowa 1995). “Iowa Code § 364.2 (1) (1993). The City Code then places " limitations upon the powers of a city" by stating that the council must exercise a power " only by the passage of a motion, a resolution, an amendment, or an ordinance.”
Bryan v. City of Des Moines, 261 N.W.2d 685 (Iowa 1978).
Lime Lounge, Inc. v. City of Des Moines, Iowa (Iowa 2024).
— Iowa Code § 364.2(3) — 5 cases
City of Clinton v. Sheridan, 530 N.W.2d 690 (Iowa 1995). “Iowa Code § 364.2 (1) (1993). The City Code then places " limitations upon the powers of a city" by stating that the council must exercise a power " only by the passage of a motion, a resolution, an amendment, or an ordinance.”
Airport Comm'n for the Cedar Rapids v. Schade, 257 N.W.2d 500 (Iowa 1977).
Beth A. Madden v. City of Iowa City, 848 N.W.2d 40 (Iowa 2014). “” Iowa Code § 364.2 (2). The City further notes that “[a]n exercise of a city power is not inconsistent with a state law unless it is irreconcilable with state law.”
Chelsea Theater Corp. v. City of Burlington, 258 N.W.2d 372 (Iowa 1977).
Beth A. Madden v. City of Iowa City (Iowa 2014).
— Iowa Code § 364.2(4) — 2 cases
Lisa Kragnes v. City of Des Moines, Iowa, 810 N.W.2d 492 (Iowa 2012). “See Iowa Code § 364.2 (4)(f). Under the new regime, the amount of franchise fees is instead limited prospectively to a maximum of 5% of the customer’s utility bills.”
E. Iowa Cablevision, Inc. v. City of Iowa City, 272 N.W.2d 413 (Iowa 1978).
— Iowa Code § 364.2(4)(a) — 3 cases
Kragnes v. City of Des Moines, 714 N.W.2d 632 (Iowa 2006). “( Iowa Code § 364.2 ) • The city council may grant, amend, extend or renew an electric light and power, heating or gasworks franchise without an election, subject only to the possibility of a reverse referendum petition.”
City of Hawarden v. US West Commc'ns, Inc., 590 N.W.2d 504 (Iowa 1999).
Lisa Kragnes Vs. City Of Des Moines, Iowa (Iowa 2006).
— Iowa Code § 364.2(4)(b) — 2 cases
City of Clinton v. Sheridan, 530 N.W.2d 690 (Iowa 1995). “Iowa Code § 364.2 (1) (1993). The City Code then places " limitations upon the powers of a city" by stating that the council must exercise a power " only by the passage of a motion, a resolution, an amendment, or an ordinance.”
E. Iowa Cablevision, Inc. v. City of Iowa City, 272 N.W.2d 413 (Iowa 1978).
— Iowa Code § 364.2(4)(d) — 1 case
E. Iowa Cablevision, Inc. v. City of Iowa City, 272 N.W.2d 413 (Iowa 1978).
— Iowa Code § 364.2(4)(e) — 2 cases
City of Coralville v. Iowa Utils. Bd., 750 N.W.2d 523 (Iowa 2008). “See Iowa Code § 364.2 (4)(e) (granting municipalities the right to “regulate the conditions required and the manner of use of the streets and public grounds of the city”).”
City Of Coralville, Iowa Vs. Iowa Utils. Bd. (Dep't Of Com.) (Iowa 2008).
— Iowa Code § 364.2(4)(f) — 1 case
Lisa Kragnes v. City of Des Moines, Iowa, 810 N.W.2d 492 (Iowa 2012). “See Iowa Code § 364.2 (4)(f). Under the new regime, the amount of franchise fees is instead limited prospectively to a maximum of 5% of the customer’s utility bills.”
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