A city may change its name as follows:
1. The council shall propose the name change and shall notify the county commissioner of elections that the question shall be submitted at the next regular city election.
2. The county commissioner of elections shall publish notice, as provided in section 362.3, of the proposed new name, and of the fact that the question will be submitted at the next regular city election. The county commissioner of elections shall report the results of the balloting on the question to the mayor and the city council.
3. If a majority of those voting on the question approves the proposed new name, the city clerk shall enter the new name upon the city records and file certified copies of the proceedings, including the council’s proposal, proof of publication of notice, and certification of the election result, with the county recorder of each county which contains part of the city, and with the secretary of state. Upon proper filing the name change is complete and effective. [C97, §628 – 630; C24, 27, 31, 35, 39, §5619 – 5622; C46, 50, 54, §362.34 – 362.37; C58, 62, 66, 71, 73, §362.38 – 362.41; C75, 77, 79, 81, §368.2] \n
Notes of Decisions
Kragnes v. City of Des Moines, 714 N.W.2d 632 (Iowa 2006).
· cites it 4× “” Iowa Code § 368.2 (1971). In 1972, the legislature passed a bill entitled “Home Rule for Cities.”
Goodell v. Humboldt Cnty., 575 N.W.2d 486 (Iowa 1998).
· cites it 4× “Iowa Code § 368.2 (1966) (emphasis added) (repealed by 1972 Iowa Acts ch.”
Cole v. City of Osceola, 179 N.W.2d 524 (Iowa 1970).
· cites it 8× “In response to intervenor’s motion to make more specific defendants denied the validity of the specific section “as being a contravention of the provisions of chapter 657 of the Code of Iowa and contrary to the statutory and common law of the state of Iowa and contrary to the…”
Richardson v. City of Jefferson, 134 N.W.2d 528 (Iowa 1965).
· cites it 6× “Chapter 235, Sixtieth General Assembly, amends section 368.2, Code of Iowa, 1962, by adding thereto.”
City of Des Moines v. Lohner, 168 N.W.2d 779 (Iowa 1969).
· cites it 6× “Chapter 235 amended section 368.2, Code 1962, and provided among other things that the rule that cities and towns have only those powers expressly conferred by statute was no longer valid, and that such corporations were given broad and implied powers over local and internal…”
Stoner McCray Sys. v. City of Des Moines, 78 N.W.2d 843 (Iowa 1956).
· cites it 4× “5453 was an authorized, recognized useful and lawful business or occupation carried on upon the respective tracts of land in the various districts of the city.”
Megee v. Barnes, 160 N.W.2d 815 (Iowa 1968).
· cites it 4× “Section 368.2, Code of Iowa, I.C.A., authorizes suits against cities and towns.”
Newman v. City of Indianola, 232 N.W.2d 568 (Iowa 1975).
· cites it 2× “27 does not authorize a specific charge to a customer for extension costs and, thus, such a charge is contrary to the statute, as “grants of power to municipalities by the Legislature are strictly construed against the authority claimed.”
City of Des Moines v. Reiter, 102 N.W.2d 363 (Iowa 1960).
· cites it 2× “It seems necessary to consider only section 368.2, Code, 1958, which confers upon cities and towns “the general' powers and privileges granted, and such others as are incident to municipal corporations of like character, not inconsistent with the statutes of the state, for the…”
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