Des Moines Utility Franchise & Rate Rules
Des Moines, Iowa residents and businesses must understand how the city handles utility franchises and rate approvals. This guide summarizes where franchise authority appears in Des Moines municipal sources, how rate changes are processed for different utility types, and the practical steps to apply, appeal, or report a concern. It pulls from city code and ordinance publication pages and from local utility rate pages so you can find official texts, contact points, and any published forms or filings. Use the steps below to locate the controlling ordinance, submit requests, or escalate to state regulators when the city’s authority is limited.
Overview
Franchise agreements authorize utilities to use city rights-of-way and set terms such as pole attachments, franchise fees, and service obligations. In Des Moines these instruments appear as ordinances and franchise agreements published with the city's ordinances and municipal code. For specific ordinance text and the code chapter governing franchises and utilities, consult the City Code and the City Clerk ordinance listings below.Municipal Code[1] City Clerk ordinances[2]
How rate approvals typically work
- Investor-owned electric and gas utilities: rates are often subject to state review; the city may have franchise terms but not unilateral rate-setting power.
- Municipal or authority utilities (example: Des Moines Water Works): rates and rate changes are published by the utility authority and adopted under its governing statutes or board rules.DMWW rates[3]
- Franchise agreements may include reporting, insurance, and maintenance obligations that affect enforcement and compliance.
Penalties & Enforcement
Enforcement mechanisms for franchise breaches or unauthorized use of rights-of-way are described in ordinance and contract language. Specific fine amounts and escalation schedules are not summarized in a single consolidated section on the cited municipal pages; where monetary penalties, continuing violation language, or termination clauses exist they appear in individual ordinances or franchise contracts accessible via the ordinance repository.Municipal Code[1]
- Fines: not specified on the cited page.
- Escalation (first/repeat/continuing offences): not specified on the cited page.
- Non-monetary sanctions: ordinance or contract remedies such as termination of franchise, injunctive relief, and required corrective actions may be listed in individual franchise agreements; specifics must be read in the controlling ordinance or contract.
- Enforcer: City of Des Moines via the City Attorney, City Manager, or designated department as provided by ordinance; complaints and requests for enforcement are routed through the City Clerk or relevant department pages.
- Appeals/review: appeal routes are governed by the ordinance, contract terms, or applicable state law; time limits are not specified on the cited municipal pages and should be confirmed in the controlling ordinance or contract.
Applications & Forms
There is no single standardized public "franchise application" form published on the City Clerk ordinance listing; franchise actions typically appear as ordinances or council resolutions and associated contract documents published with the ordinance record. For municipal-utility matters such as water rate filings, the utility authority publishes its rate materials on its site.DMWW rates[3]
- Franchise ordinance or council resolution: published via City Clerk ordinances; see the ordinance record for forms and contract attachments.
- Where to submit: City Clerk office for ordinances and franchise records; utility authority for water authority filings.
Action steps
- Locate the controlling ordinance or franchise agreement in the municipal code or City Clerk ordinance list and download the full text.
- Contact the City Clerk to request records, file a complaint, or ask how a franchise matter was authorized.
- If the utility is an authority (e.g., water), check the authority’s published rate materials and follow that authority’s public comment or appeal process.
- For investor-owned utility rate disputes, identify whether the Iowa Utilities Board has jurisdiction and follow the Board’s complaint or docket procedures if applicable.
FAQ
- Who approves utility franchise agreements in Des Moines?
- The City Council approves franchise ordinances and contract terms; the ordinance and contract are published via the City Clerk ordinance records.[2]
- Who sets or approves utility rates?
- It depends: municipal authorities set their own rates (see the utility authority’s rate pages), while investor-owned utilities’ rates are often subject to state regulatory review. Check the specific ordinance or authority filing for the controlling process.[3]
- How do I report a suspected franchise violation?
- Submit the complaint to the City Clerk or the department identified in the franchise ordinance; for service or billing disputes, also contact the utility or utility authority directly.
How-To
- Find the franchise ordinance or contract in the City Code or City Clerk ordinance listings and save the document.
- Contact the City Clerk to confirm enforcement contacts and to request any forms or attachments used in the franchise authorization.
- If the issue is a rate dispute, determine if the utility is a municipal authority (follow the authority’s process) or an investor-owned utility (follow state regulator procedures).
- If necessary, file a formal complaint with the appropriate regulator or seek legal counsel to pursue remedies identified in the ordinance or contract.
Key Takeaways
- Franchises and rates are determined by ordinance, contract, or the utility authority’s rules; read the controlling document carefully.
- Start with the City Clerk for records and procedural questions; the municipal code is the authoritative text for city actions.
Help and Support / Resources
- City Clerk, City of Des Moines
- Des Moines Code of Ordinances (Municode)
- Des Moines Water Works
- Iowa Utilities Board