Iowa Code

Iowa Code § 390.1 (2026)

Definitions

✓ current as of July 2026

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As used in this chapter, unless the context otherwise requires:

1. “Acquisition” of a joint facility includes the purchase, lease, construction, reconstruction, extension, remodeling, improvement, repair, and equipping of the joint facility.

2. “City” means a municipal corporation, but not including a county, township, school district, or special purpose district or authority.

3. “City utility” has the same meaning provided in section 362.2, subsection 6, and includes a “combined utility system”, as defined in section 384.80, which operates facilities for the generation or transmission of electric energy.

4. “Electric cooperative” means a cooperative association which owns and operates property for generating, purchasing, obtaining by exchange or otherwise acquiring, or transmitting electric power and energy.

5. “Governing body” means the public body which by law is charged with the management and control of a city utility as defined in section 384.80, subsection 5.

6. “Joint agreement” means an agreement of participants pursuant to the provisions of this chapter. A joint agreement may be one or more documents, and may be entitled joint agreement, agreement, contract, or otherwise.

7. “Joint facility” means all property necessary or useful for generating, purchasing, obtaining by exchange or otherwise acquiring, or transmitting electric power and energy, which is owned and operated pursuant to a joint agreement. \n Tue Dec 09 22:13:18 2025 Iowa Code 2026, Chapter 390 (36, 0) §390.1, JOINT ELECTRICAL UTILITIES 2\n\n 8. “Or” includes the conjunctive “and” and “and” includes the disjunctive “or”, unless the context clearly indicates otherwise.

9. “Own” and “ownership” in the case of transmission facilities, including substations and associated facilities, may include the right to the use of an amount of the capacity of the facilities, if the joint agreement so provides. “Own” and “ownership” may include a joint facility located in this state or outside this state.

10. “Participant” means a city, electric cooperative, or privately owned utility company, which is a party to a joint agreement. [C75, 77, 79, 81, §390.1] 84 Acts, ch 1251, §1; 2012 Acts, ch 1065, §1; 2022 Acts, ch 1032, §55 Referred to in §23A.2, 352.6, 390.9, 476.22 \n

Notes of Decisions

Cited in 6 cases, 1941–2014 · leading case: Sz Enter., LLC D/B/A Eagle Point Solar v. Iowa Utils. Bd., a Div. of the Dep't of Com., State of Iowa, 850 N.W.2d 441 (Iowa 2014).

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Sz Enter., LLC D/B/A Eagle Point Solar v. Iowa Utils. Bd., a Div. of the Dep't of Com., State of Iowa, 850 N.W.2d 441 (Iowa 2014). · cites it 10× “1 and a city utility as defined in section 390.1.” Id. As all 13 parties agreed that Eagle Point was not a “city utility” under section 390.”

Ermels v. City of Webster City, Iowa, 71 N.W.2d 911 (Iowa 1955). · cites it 5× “As an abstract question-: Section 390.1, Code of 1954, provides in part as follows: “Cities and towns shall have additional power and authority to *1307 purchase, lease or otherwise acquire and to improve * * * maintain and operate parking lots o.”

Wild v. Allamakee Cnty., 666 N.W.2d 137 (Iowa 2003). · cites it 2× “Property of a telephone company, city utility as defined in section 390.1, public utility as defined in section 476.”

In Re Condemnation of Certain Rights, 666 N.W.2d 137 (Iowa 2003). · cites it 2× “Property of a telephone company, city utility as defined in section 390.1, public utility as defined in section 476.”

Douglass v. Iowa City, 218 N.W.2d 908 (Iowa 1974). “We construe §§ 390.1, 390.8, and 390.9 to mean the existing and future income from the entire parking system may be pledged to retire the bonds authorized by Ordinance 2632.”

Dyer v. City of Des Moines, 230 Iowa 1255 (Iowa 1941). · cites it 2× “Section 390.1 provides for an appeal. And so we find that the legislature of Iowa has prescribed the way in which cities *1254 such, as the City of Des Moines shall set up a budget of the amount of taxes necessary for the ensuing year.”

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