1. Except as prohibited, limited or preempted by the Constitution, statutes or regulations of the United States or this State and except as otherwise provided in this section, the governing body of an incorporated city has: (a) All powers expressly granted to the governing body; (b) All powers necessarily or fairly implied in or incident to the powers expressly granted to the governing body; and (c) All other powers necessary or proper to address matters of local concern for the effective operation of city government, whether or not the powers are expressly granted to the governing body. If there is any fair or reasonable doubt concerning the existence of a power of the governing body to address a matter of local concern pursuant to this paragraph, it must be presumed that the governing body has the power unless the presumption is rebutted by evidence of a contrary intent by the Legislature. 2. If there is a constitutional or statutory provision or provision of a city charter requiring the governing body of an incorporated city to exercise a power set forth in subsection 1 in a specific manner, the governing body may exercise the power only in that specific manner, but if there is no constitutional or statutory provision or provision of city charter requiring the governing body to exercise the power in a specific manner, the governing body may adopt an ordinance prescribing a specific manner for exercising the power. 3. Except as expressly authorized by statute or city charter, the governing body of an incorporated city shall not: (a) Condition or limit its civil liability unless such condition or limitation is part of a legally executed contract or agreement between the city and another governmental entity or a private person or entity. (b) Prescribe the law governing civil actions between private persons or entities. (c) Impose duties on another governmental entity unless the performance of the duties is part of a legally executed agreement between the city and another governmental entity. (d) Impose a tax. (e) Order or conduct an election. 4. Except as expressly authorized by statute or city charter or necessarily or fairly implied in or incident to powers expressly authorized by statute or city charter, the governing body of an incorporated city shall not: (a) Impose a service charge or user fee; or (b) Regulate business activities that are subject to substantial regulation by a federal or state agency.
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