28A.21 - TRANSFER OF EXISTING FACILITIES.
28A.21 TRANSFER OF EXISTING FACILITIES.
1. Any county, city, commission, authority, or person may sell,
lease, lend, grant, or convey to the authority, a facility or any
part of a facility, or any interest in real or personal property
which may be used by an authority in the construction, improvement,
maintenance, leasing, or operation of any metropolitan facilities.
Any county, city, commission, authority, or person may transfer and
assign over to the authority a contract which may have been awarded
by the county, city, commission, authority, or person for the
construction of facilities not begun or, if begun, not completed.
2. A proposed action of the board, and a proposed agreement to
acquire, shall be approved by the governing body of the owner of the
facilities. If the governing body of a county, city, commission, or
authority desires to sell, lease, lend, grant, or convey to the
authority a facility or any part of a facility, the governing body
shall adopt a resolution signifying its intention to do so and shall
publish the resolution at least one time in a newspaper of general
circulation in the county and in a newspaper or newspapers, if
necessary, of general circulation in the area served by the county,
city, commission, or authority giving notice of a hearing to be held
on the question of the sale, lease, loan, grant, or conveyance. The
resolution shall be published at least fourteen days prior to the
date of hearing. After the hearing and if in the public interest,
the county, city, commission, or authority shall enact an ordinance
authorizing the sale, lease, loan, grant, or conveyance.
3. An owner transferring an existing facility to the authority
under this section shall notify the board of and make provision in
the transfer documents for, where necessary, existing rights, liens,
securities, and rights of reentry belonging to the state or federal
government.
4. This section, without reference to any other law, shall be
deemed complete authority for the acquisition by agreement, of a
facility as provided in subsection 1, and no proceedings or other
action shall be required except as prescribed in this division. Section History: Recent Form
91 Acts, ch 198, §20
CS91, § 330B.21
C93, § 28A.21