Iowa Code

Iowa Code § 389.1 (2026)

Definitions

✓ current as of July 2026
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As used in this chapter, unless the context otherwise requires:

1. “Joint water utility” means a water utility established by two or more cities which owns or operates or proposes to finance the purchase or construction of all or part of a water supply system or the capacity or use of a water supply system pursuant to this chapter. A water supply system includes all land, easements, rights-of-way, fixtures, equipment, accessories, improvements, appurtenances, and other property necessary or useful for the operation of the system.

2. “Joint water utility board” means the board of trustees established to operate a joint water utility.

3. “Project” means any works or facilities useful or necessary for the operation of a joint water utility. 91 Acts, ch 168, §2 \n

Notes of Decisions
Cited in 9 cases, 1955–1981 · leading case: Oakes Constr. Co. v. City of Iowa City, 304 N.W.2d 797 (Iowa 1981).
Oakes Constr. Co. v. City of Iowa City, 304 N.W.2d 797 (Iowa 1981). · cites it 8× “Formerly, cities could establish streets under section 389.1 of the Code of 1973, but this section was repealed by the Home Rule Act.”
Florey v. City of Burlington, 73 N.W.2d 770 (Iowa 1955). · cites it 4× “” Another statute, Code section 389.1, gives cities “power to establish, lay off, open, widen, straighten, narrow, vacate, extend, improve, and repair streets, * * * public grounds, parks and play grounds * * Its statutory predecessors, sections 464, 465 and 527, of the Code of…”
Drainage Dist. No. 119, Clay Cnty. v. Inc. City of Spencer, 268 N.W.2d 493 (Iowa 1978). · cites it 2× “Section 389.1 of the 1971 and 1973 Codes provided: “Cities and towns shali have power to establish, lay off, open, widen, straighten, narrow, vacate, extend, improve, and repair streets, highways, avenues, alleys, public grounds, parks and playgrounds, wharves, landings, and…”
Jahnke Ex Rel. Jahnke v. Inc. City of Des Moines, 191 N.W.2d 780 (Iowa 1971). · cites it 2× “Although this concept is not followed by all jurisdictions (57 Am.Jur.2d, Municipal, School, and State Tort Liability § 48, p.”
Hall Ex Rel. Est. of Hall v. Town of Keota, 79 N.W.2d 784 (Iowa 1956). · cites it 2× “Section 389.1 gives *140 them power to establish, open, improve and repair streets.”
Tott v. Sioux City, 155 N.W.2d 502 (Iowa 1968). · cites it 4× “It has done so by section 389.1, Code of Iowa, which provides: “Cities and towns shall have power to establish, lay off, open, widen, straighten, narrow, vacate, extend, improve, and repair streets, highways, avenues, alleys * * * within their limits.”
Town of Marne v. Goeken, 147 N.W.2d 218 (Iowa 1966). · cites it 2× “Section 389.1, Code of Iowa. Vacation may be by ordinance having due regard for the interests of the public.”
Gardner v. City of Charles City, 144 N.W.2d 915 (Iowa 1966). · cites it 2× “Section 389.1 provides in part: “Cities and towns shall have power to * * * widen * * *, improve, and repair streets, highways, avenues, * * * within their limits.”
Tillotson v. Windsor Heights, 87 N.W.2d 21 (Iowa 1957). “The ease was tried to the court under this ruling as the law of the case and defendant now appeals from the resulting judgment.”
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.