A city may:
1. a. Acquire, hold, anddisposeofpropertyoutsidethecityinthesamemanneraswithin.
However, the power of a city to acquire property outside the city does not include the power
to acquire property outside the city by eminent domain, except for the following, subject to
the provisions of chapters 6A and 6B:
(1)The operation of a city utility as defined in section 362.2.
(2)The operation of a city franchise conferred the authority to condemn private property
under section 364.2.
(3)The operation of a combined utility system as defined in section 384.80.
(4)The operation of a municipal airport.
(5)The operation of a landfill or other solid waste disposal or processing site.
(6)The use of property for public streets and highways.
(7)Theoperationofamultistateentity,ofwhichthecity
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A city may:
1. a. Acquire, hold, anddisposeofpropertyoutsidethecityinthesamemanneraswithin.
However, the power of a city to acquire property outside the city does not include the power
to acquire property outside the city by eminent domain, except for the following, subject to
the provisions of chapters 6A and 6B:
(1) The operation of a city utility as defined in section 362.2.
(2) The operation of a city franchise conferred the authority to condemn private property
under section 364.2.
(3) The operation of a combined utility system as defined in section 384.80.
(4) The operation of a municipal airport.
(5) The operation of a landfill or other solid waste disposal or processing site.
(6) The use of property for public streets and highways.
(7) Theoperationofamultistateentity,ofwhichthecityisaparticipatingmember,created
to provide drinking water that has received or is receiving federal funds, but only if such
property is to be acquired for water transmission and service lines, pump stations, water
storage tanks, meter houses and vaults, related appurtenances, or supporting utilities.
b. The exceptions provided in paragraph “a”, subparagraphs (1) through (3), apply only
to the extent the city had this power prior to July 1, 2006.
2. By contract, extend services to persons outside the city.
3. Enact and enforce ordinances relating to city property and city-extended services
outside the city.
4. Enter into leases or lease-purchase contracts for real or personal property in
accordance with the following terms and procedures:
a. A city shall lease or lease-purchase property only for a term which does not exceed the
economic life of the property, as determined by the governing body.
b. A lease or lease-purchase contract entered into by a city may contain provisions similar
to those sometimes found in leases between private parties, including, but not limited to,
the obligation of the lessee to pay any of the costs of operation or ownership of the leased
property and the right to purchase the leased property.
c. A provision of a lease or lease-purchase contract which stipulates that a portion of
the rent payments be applied as interest is subject to chapter 74A. Other laws relating to
interest rates do not apply. Chapter 75 is not applicable. A city utility or city enterprise is a
separate entity under this subsection whether it is governed by the governing body of the city
or another governing body.
d. The governing body must follow substantially the same authorization procedure
required for the issuance of general obligation bonds issued for the same purpose to
authorize a lease or a lease-purchase contract made payable from the debt service fund.
e. The governing body may authorize a lease or lease-purchase contract which is
payable from the general fund if the contract would not cause the total of annual lease or
lease-purchase payments due from the general fund of the city in any single future fiscal year
for all lease or lease-purchase contracts in force on the date of the authorization, excluding
payments to exercise purchase options or to pay the expenses of operation or ownership
of the property, to exceed ten percent of the last certified general fund budget amount in
accordance with the following procedures:
(1) The governing body must follow substantially the authorization procedures of
section 384.25 to authorize a lease or lease-purchase contract for personal property which
is payable from the general fund. The governing body must follow substantially the
authorization procedures of section 384.25 to authorize the lease or lease-purchase contract
for real property which is payable from the general fund if the principal amount of the
lease-purchase contract does not exceed the following limits:
(a) Four hundred thousand dollars in a city having a population of five thousand or less.
(b) Seven hundred thousand dollars in a city having a population of more than five
thousand but not more than seventy-five thousand.
(c) One million dollars in a city having a population of more than seventy-five thousand.
(2) The governing body must follow the following procedures to authorize a lease or
lease-purchase contract for real property which is payable from the general fund if the
principal amount of the lease or lease-purchase contract exceeds the limits set forth in
subparagraph (1):
(a) The governing body must institute proceedings to enter into a lease or lease-purchase
contract payable from the general fund by causing a notice of the meeting to discuss entering
into the lease or lease-purchase contract, including a statement of the principal amount and
purpose of the lease or lease-purchase contract and the right to petition for an election, to be
published at least once in a newspaper of general circulation within the city at least ten days
prior to the discussion meeting. No sooner than thirty days following the discussion meeting
shall the governing body hold a meeting at which it is proposed to take action to enter into
the lease or lease-purchase contract.
(b) (i) If at any time before the end of the thirty-day period after which a meeting may
be held to take action to enter into the lease or lease-purchase contract, a petition is filed
with the clerk of the city in the manner provided by section 362.4, asking that the question
of entering into the lease or lease-purchase contract be submitted to the registered voters
of the city, the governing body shall either by resolution declare the proposal to enter into
the lease or lease-purchase contract to have been abandoned or shall direct the county
commissioner of elections to call a special election upon the question of entering into the
lease or lease-purchase contract. However, for purposes of this subparagraph, the petition
shall not require signatures in excess of one thousand persons.
(ii) The question to be placed on the ballot shall be stated affirmatively in substantially
the following manner:
Shall the city of ................................ enter into a lease or
lease-purchase contract in amount of $................ for the purpose
of ........................?
(iii) Notice of the election and its conduct shall be in the manner provided in section
384.26, subsections 2 through 4.
(c) If a petition is not filed or if a petition is filed and the proposition of entering into the
lease or lease-purchase contract is approved at an election, the governing body may proceed
and enter into the lease or lease-purchase contract.
f. The governing body may authorize a lease or lease-purchase contract payable from
the net revenues of a city utility, combined utility system, city enterprise, or combined city
enterprise by following the authorization procedures of section 384.83.
g. A lease or lease-purchase contract to which a city is a party or in which a city
has a participatory interest is an obligation of a political subdivision of this state for the
purposes of chapters 502 and 636, and is a lawful investment for banks, trust companies,
savings associations, investment companies, insurance companies, insurance associations,
executors, guardians, trustees, and any other fiduciaries responsible for the investment of
funds.
h. Property that is lease-purchased by a city is exempt under section 427.1, subsection 2.
i. A contract for construction by a private party of property to be lease-purchased by a
city is a contract for a public improvement under section 26.2, subsection 3. If the estimated
cost of the property to be lease-purchased that is renovated, repaired, or involves new
construction exceeds the competitive bid threshold set in section 26.3, the city shall comply
with the competitive bidding requirements of section 26.3.
5. Enter into insurance agreements obligating the city to make payments beyond its
current budget year to procure or provide for a policy of insurance, a self-insurance program,
or a local government risk pool to protect the city against tort liability, loss of property, or any
other risk associated with the operation of the city. Such a self-insurance program or local
government risk pool is not insurance and is not subject to regulation under chapters 505
through 523C. However, those self-insurance plans regulated pursuant to section 509A.14
shall remain subject to the requirements of section 509A.14 and rules adopted pursuant to
that section.