Claim, Compton Corp.NORTttI~RN IOWA
DISTRICT OF
-CROMPTON CORPORATION,
Plaintiff,
SUMMONS IN A CIVIL ACTION
Vo
CITY OF DUBUQUE, a municipality
organized under the laws of the
state of Iowa,
Defendant.
CASE NUMBER:
City Clerk
City ClerK's Office
City of Dubuque,Iowa
13th & Central
Dubuque, IA 520D1
YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and ser~e upon
PLAINTIFF'S ATTORNEY i.a-~, ~ ~,.
Thomas G. McCuskey
Ackley, Kopecky & Kingery
4056 Glass Road NE
Cedar Rapids, IA 52402
an answer to the complaint which is herewith served upon you, within 20 days after service of
this summons upon you, exciusiv,: of the day of service. If you fail to do so, judgment by default will be taken
against you for the relief ~emandeo in the complaint.
James
CLERK
8Y UEPU3~' CLERK
DATE .
AO 85 (Rev. 8/98) Notice, Consent, and Order of Reference - Exercise of Jurisdiction by a United States Magistrate Judge
UNITED STATES DISTRICT COURT
District of
NOTICE. CONSENT AND ORDER OF REFERENCE -
Plaintiff EXERCISE OF JURISDICTION BYe3 UN~ED SLATES
v. MAGISTRATE JUDGE ~- -c~ ~
Case Number: ~ ~:,-~
DctLndant ~ ~ ~ ~
NOTICE OF AVAILABILI~ OF A UNI~D STATES MAGISTraTE JUDG~ ~ TO EXERCISE JU~SDICT1ON
In accordance with thc provisions of 28 U.S.C. §636(c), and Fed. R.Civ. E 73, you are notified that a United States magistrate
judge of this district court is available to conduct any or all proceedings in this case including a jury or nonjury trial, and to order
thc entry of a final judgment. Exercise of this jurisdiction by a magistrate judge is, however, permitted only if ali parties
voluntarily consent.
You may, without adverse substantive consequences, withhold your consent, but this will prevent the court's jurisdiction
from being exercised by a magtstrate judge. If any party withholds consent, the identity of the parties consenting or withholding
consent will not bc commumcated to any magistrate judge or to the district judge to whom the case has been assigned.
An appeal from a judgment entered by a magistrate judge shall be taken directly to the United States court of appeals
Ibr this judiciaI circuit in the same manner as an appeal from any other judgment of this district court.
CONSENT TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE
In accordance with the provisions of 28 U.S.C.§636(c) and Fed. R.Civ. P. 73. the parties in this case consent to have
a United States magistrate judge conduct any and all proceedings in this case. including the trial, order the entry of a final
judgment, and conduct all post-judgment proceedings.
Party Represented Signatures Date
ORDER OF REFERENCE
IT IS ORDERED that this case be referred to
United States Magistrate Judge. to conduct all proceedings and order the ent~ of judgment in accordance with 28 U.S.C. §636(c~
and Fed. R.Civ. P. 73,
NOTE:
Date United States District Judge
RETURN THIS FORM TO THE CLERK OF THE COURT ONLY IF ALL PARTIES HAVE CONSENTED
ON THIS FORM TO THE EXERCISE OF JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE.
LR 3.2 STATEMENT OF INTEREST
a. Plaintiff's Statement of Interest. Within 21 days after a civil complaint is
filed, each nongovernmental plaintiff that is not a natural person must file with the Clerk
of Court a statement containing the following: (1) the names of all associations, firms,
partnerships, corporations, and other artificial entities that either are related to the plain-
tiff as a parent, subsidiary, or otherwise, or have a direct or indirect pecuniary interest in
.the plaintiff's outcome in the case; and (2) with respect to each such entity, a description
of its connection to or interest in the litigation.
b. Defendant's Statement of Interest. Within 30 days after service of a civil
complaint on a nongovernmental defendant that is not a natural person, such defendant
must file with the Clerk of Court a statement containing the following: (1) the names of
all associations, firms, partnerships~ corporations, and other artificial entities that either
are related to the defendant as a parent, subsidiary, or otherwise, or have a direct
indirect pecuniary interest in the defendant's outcome in the case; and (2) with respect to
each such entity, a description of its connection to or interest in the litigation.
c. Statement of Interest Forms. A statement of interest must be submitted
on a form supplied by the Clerk o£Court. A copy of the statement of interest form is
attached to these rules as appendix A, and may be found on the courts' web sites at the
addresses given in LR 1.1 (i). The statement of interest form is designed to enable the
involved judicial officers to evaluate possible bases for disqualification or recusal. Upon
the request of a party and the order of the court, the party's statement o£ interest form
may be filed under seal.
d. Changes in Statement of Interest. If the information provided by a party
in a statement of interest form changes before the time has expired for filing a notice of
appeal from a final judgment in the case, the party must, within 21 days after the date of
the change, file an amended statement of interest form reflecting all such changes.
e. Conflicts List. After entering an appearance in a pending civil action, the
attorneys for the parties must determine promptly if the presiding judge has filed a
conflicts list with the Clerk of Court by doing one of the following: (1) inspecting the
courts' ~veb sites at the addresses given in LR 1.1 (i); or (2) inquiring of the Clerk' of
Court's Office of the district. Ifa conflicts list for the presiding judge has been filed
with the Clerk of Court, the attorney must review the list and immediately notify the
Clerk of Court if it appears the presiding judge may have a conflict with any association, -
firm, partnership, corporation, or other artificial entity either related to any party or
having a pecuniary interest in the case.
f. Notification by Clerk of Court. After an action is filed, the Clerk of
Court promptly shall notify the parties of the requirements of this rule by providing a
copy of the rule and a statement of interest form to the plaintiff. The plaintiff must attach
a copy of the rule and the form to each service copy of the summons and complaint. Any
failure of the Clerk of Court or the plaintiffto provide a party ~vith a copy of the rule or
the form shall not excuse the party from compliance with the rule.
APPENDIX A
IN THE UNITED STATES DISTRICT COURT
FOR THE [NORTHERNI[SOUTHERNI DISTRICT OF IOWA
@ OIVISION
VS.
Plaintiff(s),
Defendant(s).
No, @
STATEMENT OF INTEREST
As required by LR 3.2 and LR 81.1 (c), (d), and (e), ~, [plaintiff][de fendant] in this
case, provides the following information to the court:
(a) The following are the names of all associations, firms, partnerships, corporations, and
other artificial entities that either are related to the [plaintiffj[defendantJ as a parent,
subsidiary, or otherwise, or have a direct or indirect pecuniary interest in the
[plaintiff'sJ[defendant'sJ outcome in the case:
(b) With respect to each entity named in response to (a), the .following describes its
connection to or interest in the litigation, or both:
Date:
Name of attorney
Name of attorney's la~v finn
Attorney's office address
Attorney's telephone number
Attorney's facsimile number
Attorney's e-mail address (if available)
LR 16.1 SCHEDULING ORDER AND DISCOVERY PLAN
a. Timing of Proposed Order and Plan. Within 120 days after the filing of
the complaint, all attorneys of record and all unrepresented parties must submit to the
Clerk of Court for approval by a magistrate judge a proposed Rule 16(b) and 26(0 sched-
uling order and discovery plan. The parties must confer to complete the proposed
scheduling order and discovery plan as soon as practicable, but at least 14 days before the
proposed scheduling order and discovery plan is due.
b. Completion of Proposed Order and Plan. The attorneys of record and
all unrepresented parties who have appeared in the case are jointly responsible for pre-
paring and submitting the proposed scheduling order and discovery plan to the court.
The proposed scheduling order and discovery plan must be submitted on the form sup-
plied by the Clerk of Court's office, and must contain all of the information requested in
the form.
c. Dismissal for Failure to Submit Timely Proposed Order and Plan. The
failure to timely submit a proposed scheduling order and discovery plan may result in
dismissal of the case.
d. Cases Not Subject to Requirement. A proposed scheduling order and
discovery plan must be submitted in all civil actions, except for the following: (1) an
action for review on an administrative record, including a social security disability
review; (2) a petition, application, or motion for habeas corpus, or other proceeding to
challenge a criminal conviction or sentence; (3) an action brought without counsel by a
person in custody of the United States, a state, or a state subdivision; (4) an action to
enforce or quash an administrative summons or subpoena; (5} an action by the United
States to recover benefit payments; (6} an action by the United States to collect on a
student loan guaranteed by the United States; (7) a proceeding ancillary to proceedings in
other courts; (8) an action to enforce an arbitration award; (9) ~. foreclosure or civil for-
feiture action filed by the United States; (10) an IRS summons enforcement action; and
(11) any other class of cases so designated by order of the court.
18
e. Scheduling Conference. After reviewing the proposed scheduling order
and discovery plan, the magistrate judge may issue the Rule 16(b) and 26(f) scheduling
order and discovery plan or may set a scheduling conference. Nothing in this rule
precludes the parties from requesting a scheduling or planning conference with the
magistrate judge at any time.
f. Requests for Extensions of Deadlines. The deadlines established by the
Rule 16(b) and 26(f) scheduling order and discovery plan ~vill be extended only upon
written motion and a showing of good cause. A motion to extend a Rule 16(b) and 26(0
scheduling order and discovery plan deadline must comply with LR 7.1(k). A motion
containing a request for an extension ora discovery deadline also must contain the
following: (1) a description of the discovery not completed, (2) a description of the
discovery that has been completed, (3) an explanation of why all discovery cannot be
completed by the existing deadline, (4) a statement of when discovery will be completed,
and (5) a statement of whether the moving party believes the requested extension will
affect any scheduled trial date.
g. Notification by Clerk of Court. After an action subject to this rule is
filed, the Clerk of Court promptly shall notify the parties of the requirements of this rule
by providing to the plaintiffthe following: (1) a copy of this rule; (2) the instructions
and ~vorksheet for the scheduling order and discovery plan; and (3) a scheduling order
and discovery plan form. The plaintiff must attach a copy of the role to each service
copy of the summons and complaint. Any failure of the Clerk c fCourt or the plaintiffto
provide a party with any of these documents shall not excuse the party from compliance
with this rule.
h; Dispositive Motion Deadline. The deadline in the proposed scheduling
order and discovery plan for filing dispositive motions must be at least 120 days before
the proposed ready-for-trial date.
i. Sanctions. The failure to comply with a deadline established in the
Rule 16(b) and 26(f) scheduling order and discovery plan may result in sanctions,
including the exclusion of evidence, the prevention of witnesses from testifying, the
striking of pleadings or other papers, the denial of oral argument, and the imposition of
attorney fees and costs.
19
IMPORTANT NOTICE
THIS IS A NEW VERSION OF THE SCHEDULING ORDER AND
DISCOVERY PLAN, AND THE ACCOMPANYING WORKSHEET. IT
IS TO BE USED IN ALL CASES FILED ON OR AFTER
DECEMBER 1, 2000, EXCEPT FOR THOSE CASES WHERE NO
SCHEDULING ORDER AND DISCOVERY PLAN IS REQUIRED
UNDERAMENDED AND REVISED LR 16.1(d).
The Federal Rules of Civil Procedure have been amended effective
December 1, 2000, and the new requirements in these rules are
reflected in the new scheduling order and discovery plan. For all cases
filed on or after December 1, 2000, you MUST use the new form
attached to this notice.
Please discard all earlier versions of the form, including any you may
have on your word processing system. You may download this new
version of the form from the courts' websites at:
www.iand.uscourts.gov
or
www.iasd.uscourts.gov
For cases filed on or after December 1,2000, only the new form will be
accepted; SUBMISSIONS ON EARLIER VERSIONS OF THE FORM
WILL BE REJECTED BY THE CLERK OF COURT.
U.S. DISTRICT COURTS FOR THE NORTHERN/SOUTHERN DISTRICTS OF IOWA
INSTRUCTIONS AND WORKSHEET FOR PREPARATION OF
SCHEDULING ORDER AND DISCOVERY PLAN
Effective December 1, 2000
ORDER REQUIRING SUBMISSION OF SCHEDULING ORDER
AND DISCOVERY PLAN'
Please carefully review the Local Rules, revised as of January 1, 2001 for a more
complete description of the District's requirements for pretrial case management (available at
www. iand. uscourts, gov or www. iasd. uscourts, gov).
IT IS ORDERED THAT counsel for the parties shall confer, as required by Federal
Rules of Civil Procedure 16 and 26 and Local Rules 16.1 and 26.1, and submit to the Clerk
of Court on the attached form a stipulated proposed scheduling order and discovery plan. If
counsel are not able to agree upon the deadlines required to complete the form or are
requesting deadlines significantly beyond those suggested in the form, or if the case involves
any special issues that require the early attention ofthe court, counsel should in paragraph 11
of the form, request a Rule 16(b) and 26¢) scheduling and planning conference with the court.
U.S. MAGISTRATE JUDGE
Followthis worksheet at your Rule 16(b) and 26(f) conference.
The deadlines referred to in the worksheet are suggested
deadlines except for the dispositive motion deadline, which
MUST be at least 120 days before the trial ready date. File
only the attached two-page proposed scheduling order and
discovery plan. DO NOT FILE THE WORKSHEET,
INITIAL DISCLOSURES: State whether the parties entered into an agreement
at the Rule 26(t~ conference resolving all issues rela~ing to the Federal Rule of
Civil Procedure 26(a)(1) initial disclosures in this action.
__yes __no
1
WORKSHEET - DO NOT FILE - WORKSHEET
If you answered "no" to the last question, state whether any party objected at the
Rule 26(0 conference either to making the initial disclosures or to the timing of
the initial disclosures.
__ yes __ no
If any party objected at the Rule 26(f) conference either to making the initial disclosures
or to the timing of the initial disclosures, then within 10 days after the scheduling order and
discovery plan is filed, the objecting party must serve and file a document in which the
objections are set forth with particularity.
If the parties have entered into an agreement concerning the timing of the initial
disclosures, state the date by which the initial disclosures will be made.
(insert date)
Unless a different deadline is set by agreement of the parties or court order, or unless
a party objects to making the initial disclosures orto the timing of the initial disclosures. Local
Rule 26.1 (a) requires that the initial disclosures be made within 14 days after the Rule 26(f)
conference.
Federal Rule of Civil Procedure 26(a)(1) requires that the parties must, without awaiting
a discovery request, provide to other parties:
(A) the name and, if known, the address and telephone number of each individual likely
to have discoverable information that the disclosing party may use to support its claims
or defenses, unless solely for impeachment, identifying the subjects of the information;
(B) a copy of, or a description by category and location of. all documents, data
compilations, and tangible things that are in the possession, custody, or control of the
party and that the disclosing party may use to support its claims or defenses, unless
solely for impeachment;
(C) a computation of any category of damages claimed by the disclosing party, making
available for inspection and copying as under Federal Rule of Civil Procedure 34 the
documents or other evidentiary material, not privileged or protected from disclosure, on
which such computation is based, including materials bearing on the nature and extent
of injuries suffered; and
(D) for inspection and copying as under Federal Rule of Civil Procedure 34 any
insurance agreement under which any person carrying on an insurance business may
be liable to satisfy part or all of a judgment which may be entered in the action or to
indemnify or reimburse for payments mad e to satisfy the judgment.
If the parties have any other disputes concerning initial disclosures or are aware of any
other issues relating to scheduling or planning that might benefit from the early intervention
of the court, the parties may, in paragraph 11 of the proposed scheduling order and discovery
plan, request a court-sponsored pretrial discovery and planning conference.
2
WORKSHEET - DO NOT FILE - WORKSHEET
2~ ADDING PARTIES: State the deadline for filing motions to add parties.
(insert date)
This deadline should be no more than 2 months after the date the proposed
scheduling order and discovery plan is submitted to the court.
3. AMENDING PLEADINGS: State the deadline for filing motions to amend
pleadings.
(insert date)
This deadline should be no more than 2 months after the date the proposed
scheduling order and discovery plan is submitted to the court.
EXPERT WITNESSES: State the deadlines for the parties to disclose, in
accordance with Federal Rule of Civil Procedure 26(a)(2)(Al and (B), all "exoert
witnesses" who may be used at trial to present evidence under Federal Rules
of Evidence 702, 703, or 705.
Plaintiff's experts:
Defendant's experts:
Plaintiff's rebuttal experts:
(insert date)
(insert date)
(insert date)
The deadlines for the plaintiff to disclose experts, for the defendant to disclose experts,
and for the plaintiffto disclose rebuttal experts should be no more than 3 months, 5 months,
and 6 months, respectively, after the date the proposed scheduling order and discovery plan
is submitted to the Clerk of Court. Except as otherwise stipulated by the parties or ordered
by the court, the parties must, by these deadlines, disclose to the other parties: (a) the identity
of each expert witness; and (b) a written report prepared and signed by each expert witness.
as required by Federal Rule of Civil Procedure 26(a)(2)(B). The report must contain a
complete statement of all opinions to be expressed and the basis and reasons therefor; the
data or other information considered by the witness in forming the opinions; any exhibits to be
used as a summary of or support for the opinions; the qualifications of the witness, including
a list of all publications authored by the witness within the preceding ten years: the
compensation to be paid for the study and testimony; and a listing of any other cases in which
the witness has testified as an expert at trial or by deposition within the preceding four years.
3
WORKSHEET - DO NOT FILE - WORKSHEET
DISCOVERY: State the date by which all discovery will be completed not
propounded.
(insert date)
This deadline should be no more than 8 months after the date the preposed
scheduling order and discovery plan is submitted to the court.
Federal Rule of Civil Procedure 26(e) imposes a continuing duty to supplement
discovery responses as soon as practicable. All discovery responses must be
supplemented at least 30 days before the close of discovery.
6. DISPOSITIVE MOTIONS: State the deadline for filing dispositive motions.
(insert date)
This deadline must be at least 120 days before the trial ready date, but should be
no more than 9 months after the date th e proposed scheduling order and discovery plan
is submitted to the court.
7. TRIAL READY DATE: State the date on which the parties anticipate the case
will be ready for trial.
(insert date)
This deadline should be no more than 13 months after the date the proposed
scheduling order and discovery plan is submitted to the court, but must not be less than
120 days after the dispositive motion deadline.
8. JURY DEMAND: State whether a jury demand has been filed.
__ yes no
9. ESTIMATED LENGTH OF TRIAL: State your estimate of the number of days
required for trial. For jury trials, include in your estimate the time required for
jury selection, opening statements, closing arguments and instructions If
circumstances change, the parties should immediately .so notify the court. In
any event, the parties should notify the court of any change in the time
required for trial and of their new estimated length of trial by at least
30 days before the trial readiness date in paragraph 7.
(insert number of trial days)
4
WORKSHEET - DO NOT FILE - WORKSHEET
10. SETTLEMENT CONFERENCE: Indicate one of the following two choices
regarding a court-sponsored settlement conference:
A court-sponsored settlement conference should be set by the court at
this time for a date after:
(insert date)
A court-sponsored settlement conference is not necessary at this time.
11. SCHEDULING AND PLANNING CONFERENCE: State whether the parties
believe a court-sponsored scheduling and planning conference pursuant to
Federal Rules of Civil Procedure 16(b)-and 26(f) would be appropriate in this
case.
__ yes __ no
12. CONSENT TO MAGISTRATE JUDGE: State whether the parties unanimously
consent, or do not unanimously consent, to trial, disposition, and judgment by
a United States Magistrate Judge, with appeal to the Eighth Circuit Court of
Appeals.
yes, we unanimously consent __ no, we do not unanimously consent
You may consent in either a jury or non-jury case. Cases consented to the United
States Magistrate Judge will be set for trial on a date certain.
13.
DELIVERY OF FORM TO CLERK OF COURT: Print or type the names,
addresses, telephone and fax numbers, and e-mail addresses on the proposed
scheduling order and discovery plan, sign the proposed order and plan and
de liver it to the Clerk of Court. Be sure to deliver to the Clerk of Court both
pages of the proposed order and plan.
5
WORKSHEET - DO NOT FILE - WORKSHEET
IN THE UNITED STATES DISTRICT COURT
FOR THE [NORTHERN] [SOUTHERN] DISTRICT OF IOWA
[WESTERN] [CENTRAL] [EASTERN] [CEDAR RAPIDS] [DAVENPORT] DIVISION
Plaintiff(s),
VS.
Defendant(s).
NO.
SCHEDULING ORDER AND
DISCOVERY PLAN
Counsel have conferred and submit the following case information and proposed dates for case management:
1. Did the parties enter into an agreement at the Rule 26(f} conference resolving all issues relating to initial
disclosures? yes r~o If you answer "no," state whether any party objected at the
Rule 26(0 conference to making or to the timing of the initial disclosures: yes no
If any party objected at the Rule 26(f) conference to making or to the timing of the initial
disclosures, then the objecting party must, within 10 days after this order and plan has been
filed, serve and file a document in which the oojections are set forth with particularity. If the
parties have agreed to a deadline for making the initial disclosures, state the date by which the initial
disclosures will be made:
2. Deadline for motions to add parties:
3. Deadline for motions to amend pleadings:
4. Expert witnesses disclosed by: a) Plaintiff:
b) Defendant:
c) Plaintiff Rebuttal:
5. Deadline for completion of discovery:
6. Dispositive motions deadline (at least 120 days before Trial Ready Date):
7. Trial Ready Date (at least 120 days after Dispositive Motions Date):_
8. Has a jury demand been filed? yes __ no
9. Estimated length of trial: days
10. Settlement conference (choose one of the following): (a) __ A court-sponsored settlement
conference should be set by the court at this time for a date after: ; or
(b) A court-sponsored settlement conference is not necessary at this time.
11. Should the court order a court-sponsored scheduling and planning conference pursuant to Fed. R. Civ.
P. 16(b) and 26(f)? __ yes no
12. Do the parties unanimously consent to trial, disposition and judgment by a U.S. Magistrate Judge with
appeal to the Eighth Circuit Court of Appeals pursuant to 28 U.S.C. § 636(c)(3)?
yes __ no
Attorney for Plaintiff(s):
Address:
Telephone:
Facsimile:
E-mail address:
Attorney for Defendant(s):
Address:
Telephone:
Facsimile:
E-mail address:
Attorney for Third-Party Defendant\Other:
Address:
Telephone:
Facsimile:
E-mail address:
JUDGE'S REVISIONS
The deadline in Paragraph is changed to
The deadline in Paragraph is changed to
The deadline in Paragraph is changed to
IT IS ORDERED that this proposed Scheduling Order and Discovery Plan
__ is __ is not approved and adopted by this court.
IT IS FURTHER ORDERED that a scheduling and planning conference:
will not be scheduled at this time.
will be held in the chambers of Judge
U.S. Courthouse in Iowa, on the
of , at o'clock, .m
will be held by telephone conference, initiated by the court, on the
__ day of , at o'clock,
at the
· day
DATED this day of
MAGISTRATE JUDGE
UNITED STATES DISTRICT COURT
ORDER OF REFERENCE
IT IS HEREBY ORDERED that this case is referred to a U.S. Magistrate Judge for the conduct of all
further proceedings and the entry of judgment in accordance with 28 U.S.C. § 636(c) and the consent
of the parties.
DATED this day of
UNITED STATES DISTRICT JUDGE
'LRWITED STATES DISTRICT COURT
NORTHERN DISTRICT OF IOWA
TO: Counsel of P.e¢ord and Unrepresented Parties
The Northern Distt/ct of Iowa has adopted a revised Scheduling Order and
Dis¢ove~ Plan, effective-August-l;-t997-;*-- The-mew- form contains -several 'knportant-
changes. You should pay careful attentioi~ to the following matters:
I. Please remember that you must fde the Scheduling. Order and Discovery Plan
form ~s soon ~s practicable, and w~thin 120 d~ys after ~e fding of the complaint or within
ten (I0) days after the Rule 26(0 discovery meeting, whichever occurs fnrst. The
of a d~spositive motioxi does not relieve you of the responsibility for fil~ng tb}q Plsn.
2. You should not waft.for the entry of the sched,~l;ng order before beg/nn~ug
discoYery. In most cases, the revised Scheduling Order and Discovery Plan Will provide
a shortener deadline for the compl~'tion of discover~ than under previous versions of the
form. You should commence discovery immediately.
3. The form conm~n.~ the following suggested scheduling deadlines:
a. The deadline for addbag parties aud for mot/om to amend is three (3)
months from the date of the dise, oVery.plan.
b. The deadline for the compIetion of ail expert designat/ons is seven (7)
months from the date of the discovery plan.
c. The deadline for completing d/scovery is nine (9) months from the
date of the discovery plan.
d. The deadline for dispositive motions is ten (10) months from the date
of the discovery plan.
e. The deadline for trial readLness is fourteen (14) month~ from the date
of the discovery plan.
[ You should stop using older forms on all pending cases. If your office has aa o[der version of
this form on its word processing system, you can obtain a copy of the new form in Word Perfect format
by providing a disk and a return envelope to eid~er Chief Magistrate Judge John A. Jarvey or to Magistrate
Judge Paul A. Zoss
4. If the discovery plan is not Cried on time, your case could be dismissed. In
any event, if the diseovezy plan is flied late the Magistrate Judge wi.Ii generally enforce the
suggested scheduling deadlines from the date the discovery plan should have been filed.
5. If you wish to have deadlines beyond those suggested in the form, you must
request a conference--under Fed:-K:-Civ:' P:- 16-: -There is 'a~space'for'requesting a' Rule 16
conference on the first page of the form. You should also request a Rule I6 conference
if your case requires the early attention of tie court, such as in an unusual or extremely
complex ease.
6. The parties can consent to have the case processed by a U.S. Magistrate Judge
by so indicating on the form. The U.S. Magistrate ludge can usualIy give you a.u early
certain trial date. An appeal from the Magistrate fudge in a consent case is dkeetiy to the
Eighth Circuit Court of Appeals.
7. The form provides for the. part, es to request an early settlement conference if
they believe such a conference would be beneficial.
Donald E. O'Brien
Senior U.S. District fudge
Mark W. Bennett
U.S. District Judge
Edward J. lxfcManus
Senior U.S. District Judge
Ch~e'~f U.S. l~agistra'~e Judge
Paul A. Z6~
U.S. Magistrate fudge
JAMES D. HODGES, JR.
CLERK
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF IOWA
CEDAR RAPIDS, IOWA 52407-4710
P.O. BOX 7471O
319-286-2300
Dear Counsel
Beginning April 3, 2000, the Northern District began offering, on a voluntary basis,
fax service of all orders, notices and judgments to counsel who have appeared in a civil or
criminal action and who have filed a written consent with the Clerk's office.
Fax service will allow attorneys to receive these documents substantially faster than
-by mail indeed in most cases facsimile transmissions will be received the same day they are
signed. It will also reduce our costs for postage, printing and envelopes.
Participation in this program is purely voluntary and it is unnecessary that all counsel
in a case consent to such service. Our purpose in offering this service is to provide counsel
with a useful alternative to service by mail.
The Clerk's office will maintain a report confirming receipt by parties of the fax
transmission which will be made available to counsel on request. If we are unable to confirm
receipt of the fax transmission the document will be mailed the following business day. If
the transmission is confn-med you will not he mailed a copy of the document.
If you are interested in participating in this program you may participate by
completing the enclosed waiver and returning it to the Clerk's office. If you agree to
participate in the program orders,judgements and other documents will be faxed in all cases
and you will not be mailed copies unless them is a difficulty in transmission. You are of
course flee to withdraw your consent at anytime simply by notifying this office in writing
that you no longer wish to participate.
If you have any questions please feel free to contact me.
Sincerely,
James D. Hodges, Jr.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF IOWA
AUTHORIZATION FOR SERVICE OF ORDERS AND JUDGMENTS VIA
FACSIMILE TRANSMISSION
TO THE CLERK OF COURT:
I waive the provisions of Fed. R. Civ. P. 77(d) or Fed. R. Cr. P. 49(c) providing for notice
of the entry of Orders or Judgments by mail in the manner provided by Fed. R. Civ. P. 5 or Fed.
R. Ct. P. 49(c), and authorized the Clerk of the United States District Court for ~e Northern
District of Iowa to transmit notices, judgments, orders and other documents in all pending and
future civil or criminal cases in which I enter my appearance by facsimile.
I understand it is my responsibility to provide the Clerk's Office with a FAX number
dedicated for facsimile transmission and to notify the Clerk's Office promptly in writing if the
dedicated FAX number changes. I also understand that this electronic notice will be in lieu of
notice by mail.
Signed this day of
Signature:
Printed Name:
Firm Name:
Address:
e mail address
Phone No.:
THE FOLLOWING NUMBER IS DEDICATED FOR FACSIMILE
TRANSMISSION:
FAX Number:
JAMES D. HODGES. JR.
CLERK
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF IOWA
CEDAR RAPIDS, IOWA 52407-4710
P.O. BOX 74710
319-286-2300
VISIT OUR WEB PAGE
The Northern District of Iowa has developed a website which can be viewed at
http://www.iand.uscourts.gov. The best results for viewing the site will be achieved
ifa current version of Netscape (4.5), Internet Explorer (5.0) or AOL (4.0) is used.
Further, when printing pages from the site it is best to print text in black, if your
browser allows.
The following portions of the web site may be of special interest to counsel
with cases pending:
1. Under"Judges Information" the Judges have outlined the procedures they
follow and expect counsel to follow in cases pending before them. In addition, they
'have attempted to answer many commonly asked questions relating to practice before
them and standard pretrial orders are available to download.
2. The "Decision/Opinion" section provides timely access to many reported and
unreported opinions. Likewise, the "Jury Instructions" section provides access to
many jury instructions. Both sections are organized by judge, category of opinion and
date filed and a general search engine is available.
3. The "Download" and "Forms" sections provide access to and the ability to
download standard orders, commonly used forms and jury instructions as well as the
Local Rules.
4. The ~'General Information" section allows you to access telephone numbers,
fee schedules, and other useful information. A search engine is provided for your
convenience with this page.
5. The "Links" provides quick access to other cites which may contain useful
information ranging from weather to legal research.
6. Pictures of all courtrooms and tours of the high tech courtrooms in Sioux
City are available on the home page.
Please feel free to browse the site at your leisure. If you have comments or
suggestions as to ho~v the site or any page might be improved please feel free to
contact the Clerk.
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
CROMPTON CORPORATION,
Plaintiff,
VS.
CITY OF DUBUQUE, a municipality organized
under the laws of the State of Iowa,
Defendant.
COMPLAINT
Delaware.
2.
Iowa.
3.
COMES NOW Crompton Corporation and for its cause of action states as follo,~Ps: ~
JURISDICTIONAL ALLEGATIONS
Crompton Corporation is a corporation organized under the laws of the State of
The City of Dubuque is a municipality organized under the laws of the state of
As set forth below, this action alleges a violation of both the Fifth and Fourteenth
Amendments to the Constitution of the United States.
4. This Court has jurisdiction of this controversy pursuant to 11 U.S.C. § 1331.
5. Venue is proper in tiffs Court since the Defendant is located in tiffs district and
this district is the site of certain realty which is part of the question at issue. Hence, venue is
granted to this Court pursuant to 11 U.S.C. § 1391.
6. This Court may adjudicate a declaratory judgnaent action pursuant to 28 U.S.C. §
2201.
FACTUAL ALLEGATIONS
7. The City of Dubuque (hereafter "Dubuque"), in June of 2000, sought to create, by
ordinance, an "urban renewal district" in an area of the city colloquially known as the Fourth
Street Peninsula. A copy of the ordinance is attached hereto and marked Exhibit "1" and by this
reference made a part hereof.
8. Plaintiffis the effective titleholder (not subject to divestment) of certain real
estate located within that urban renewal district. A legal description of the premises is attached
hereto, marked Exhibit '~2" and by this reference made a part hereof.
9. On or about August 7, 2000, Dubuque passed Ordinance No. 67-00 forbidding the
issuance of any permit for any new construction, demolition, alternation, repair, or remodeling of
any structure in the Fourth Street P~ninsula. A copy of the ordinance is attached hereto and
marked Exhibit "3" and by this reference made a part hereof.
10. On or about March 19, 2001, Dubuque established a purported "fair market
value" of the subject realty at a city council meeting.
10. Subsequent to that meeting, Dubuque, by its counsel, made an offer to buy the
real estate in question. A copy of the offer is attached hereto, marked Exhibit "4" and by this
reference made a part hereof.
11. Dubuque has listed the condemnation of the realty as an item on a city council
agenda for Monday, April 23, 2001 and intends to acquire the realty in question via eminent
domain proceedings if Crompton does not accept the offer of March 29, 2001.
2
III.__.~.
CLAIM FOR DECLARATORY RELIEF
COMES NOW Crompton Corporation, plaintiff, and repleads paragraphs 1 through 11 as
if fully set forth herein.
12. Crompton Corporation asserts that Dubuque's acquisition of the real estate serves .
no public purpose and deprives Crompton of its property.
The urban renewal zone includes the realty, in effect, owned by Crompton
13.
Corporation.
14.
By vktue of the existence of the "zone" and the "establishment" of a fair market
value mount, and listing the condemnation as a council agenda item, Dubuque bas demonstrated
its intent to condenm the realty in question if Crompton refuses to sell to the city.
15. No necessity on the part of Dubuque exists as a reason to condemn the realty in
question and indeed Dubuque intends to simply sell the building or use it for a private purpose or
in some other way allocate a private use or purpose to the real estate.
16. No exercise of the power of eminent domain by Dubuque, against the subject
property, satisfies a bona fide public benefit to Dubuque.
17. Crompton has an established right in the real estate and, as such has the right to
develop the property or use it as it sees fit, consistent with the Dubuque zoning regulation.
18. The use of eminent doma'm proceedings by Dubuque, where no public purpose is
to be served, constitutes an improper taking pursuant to the Fifth and/or Fourteenth Amendments
to the Constitution of the United States.
WHEREFORE, Crompton Corporation prays that this Court declare and construe that the
City of Dubuque may not use the power of eminent doma'm to condemn the realty referred to in
3
this complaint without a specific public purpose to be carried on by the City of Dubuque on that
realty. Crompton Corporation further prays that the Court find that any taking of the subject
property for a non-public purpose violates rights in the subject real estate assured to Crompton
Corporation by the Fifth and Fourteenth Amendments to the Constitution of the United States.
Crompton Corporation asks for such other and further relief as may be just and equitable in these
proceedings.
ACKLEY, KOPECKY & KINGERY, L.L.P.
By:
Thomas G. McCuSkey #274428342
4056 Glass Road NE
Cedar Rapids, IA 52402
Phone: (319) 393-9090; Fax: (319) 393-9012
By:
By:
91
4056 Glass Road~Lr
Cedar Rapids, IA 52402
Phone: (319) 393-9090; Fax: (319) 393-9012
/c~4~a?Ga~asCs'R~o°ffckN? #1606~ ~/ ~
Cedar Rapids, IA 52402
Phone: (319) 393-9090; Fax: (319) 393-9012
ATTORNEYS FOR PLAINTIFF
4
ZOO0 JIJH ! 5 'PI4 2:53
Prepared bye: Jim B. urke, Cgmm Dev Director Address: City Hall Telephone: 589-4393
RESOLUTION 241-0O
A RESOLUTION APPROVING THE AMENDED'AND RESTATED URBAN RENEWAL.
PLAN FOR THE ICE HARBOR URBAN RENEWAL DISTRICT.
Wh~,~.s, on May $, 1000, the City Council of the City of Dubuque, Iowa authoriz~l the
pr,zpar~an of an Amended and RestaIed Urban Renewal Plan (the "Plan") for the Ice Harbor
Urban Renewal District (the "District"); and
Whereas, the City of Dubuque's primary objective in amending this Plan is to provide
opportunities for further redevelopment and reinv~ent in the 4~' Strut Peninsula ar~a; and
Wherens, the Long Range ?l~-'~;-g Advisory Commission has r~wiewed ~e ~s~
PI~ ~d ~ fo~d ~ ~d d~ent ~ ~t ~ ~e Co~h~ive PI~ for ~e ........ ~-
d~clo~t of ~c Ci~ of ~b~e ~ a whole ~d ~ ~ i~ ~ to ~e Ci~
Whereas, a con.sulmtion process ~ been undertaken with affec~t taxing entities in'
accordance with Cl~pter 403 of the Co& of Iowa with no wrRten objections or recommended
ch~-ges to )he Plan received; and
Whereas, the City Council, in acc°rdanc~ with Cbaptrr 403 of the Code of Iowa, Las held
a public hcesing on the proposed amended and restated Plan after public notice thereof.
NOW, TI-~-REFORE, BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amended and Restaled Urban Renewal Plan for the Ice Harbor Urban
Renewal District, attached h~rcto and made r~ference to herein, be approved.
S~don 2. That the City Clerk of the City of Dubuque, Iowa is hereby authotiz~d and
directed to file a certified copy of this Resolution along with the Plan in the office of
Dubuque County Recorder.
Passed, approved and adopted this ~ day of Juue, 2000.
CERTIFICATE OF CITY CLERK
STATE OF IOWA
COUNTY OF DUBUQUE
I, Jeanne F. Schneider, do hereby certify that I am the duly appointed,
qualified, and acting Clerk of the City of Dubuque, Iowa in the County
aforesaid, and as such Clerk I have in my possession or have access to the
records of the proceedings of the City Council. I do further state that the
hereto attached Resolution No. 241-00 is a correct copy of the original
Resolution No. 241-00 approved and adopted by the City Council of the City
of Dubuque, Iowa, at a session held by said Council on the 5th day of June,
2000.
In Testimony Whereof, I hereunto set my hand and official seal of the City of
Dubuque, Iowa.
Dated at Dubuque, Iowa this 14th day of June, 2000.
Jeanne F. Schneider
· City Clerk
City of Dubuque, Iowa
AMENDED ANDRESTATED
U AN RENEWAL PLAN
Ice Harbor
Urban Renewal District
City of Dubuque, iowa
This Urban Renewal Plan provides for the development of the Ice Harbor
Urban Renewal District. It was adopted by Resolution 403-~t9 of the City
Council of the City of Dubuque, Iowa on December 18, 1989 and further
amended and restated by Resolution 241-00 on June 5, 2000.
Prepared by ~e Community and Economiq Deve~loPmen~ Department.
Sune 2000
TABLI~, OF CONTENTS
INTRODUCTION
~JSTIFICATION FOR THE DESIGNATION
OBJECTIVES OF TH~ PLAN
DISTRICT BOUNDARIES
PUBLIC PURPOSE ACTIVITIES
DEVELOPMENT AREA
FINANCING ACTIVITIES
STATE AND LOCAL REQUIREMENTs
DURATION OF APPROVED URBAN RENEWAL PLAN
SEVERABILITY
AMENDMENT OF APPP, OVED URBAN RENEWAL PLAN
ATTACHMENTS
Page
Page
Pag .i
Page
page3
Page
Page
Page
Page
Page
Page
Page
Amended and Restated
URBAN RENEWAl, PLAN
Ice Harbor Urban Renewal District
City of Dubuque, Iowa
I. INTRODUCTION
This URBAN RENEWAL PLAN C'the Plan") has been prepared to provide for the redevelopment
of the Ice Harbor Urban Renewal District ("the District") and to stimulate, through public actions,
financing and commitments, private inve~,uent within the District. In order to achieve this
objective, the City of Dubuque shall undertake the urban renewal actions'specified in this Plan,
pur~ant to the powers granted to it under Chapter 403 ortho Iowa Code, Urban Renewal Law, and
Chapter 15A of the Iowa Code.
IL JUSTIFICATION FOR THE DESIGNATION
The City Council of the City Of Dubuque, Iowa has determined that the following blighting
conditions, as defined by Chapter 403 of the Iowa Code, Urban Renewal Law, exist within the Ice
Harbor Area:
Undeveloped and underdeveloped land;
A preponderance of deteriorated, dilapidated and obsolete public and private improvements;
· A faulty lot layout in relation to the size, adequacy and usefulness of the lots;
· Fragmented property ownership patterns;
· A lack of public utilities;
· An inadequate street layout.
The Council declared by Resolution of Necessity No. 38149, on November 21, 1989, and No. 195-
00 on May 8, 2000, that combined, these factors have substantially impaired and arrested the sound
growth of the City of Dubuque and of the Ice Harbor Area.
HI. OBJECTiV-ES OF ~ PLAN
The City of Dubuque believes that the designation o fthe Ice Harbor Area as an URBAN RENEWAL
DISTRICT will assist in the removal or improvement of these blighting elements and will enhance
the attractiveness of the area as a potential site for new and expanding residential, commercial,
reereafionalandeducetioual activity~-- . .
The OBJECTIVES of the Plan am to be accomplished through the:
Provision of attractive, property for residential, commercial, recreational and educational
development;
Development of an adequate support system for new and expanding river-related tourism
activities;
Creation of financial incentives necessary to encourage appropriate redevelopment
oppommities;
Creation of financial incentives necessary to attract newresidential, commercial, recreational
and educational concerns to the community;
Expansion of the existing property tax base of the community;
Enhancement of existing and construction of new infrastructure and public improvements
and facilities;
Maximization oftmnspertation opportunities provided by the 151161 Freeway;
Creation and retention of permanent employment opportunities for local residents.
IV. DISTRICT BOUNDARIES
The District is located within the City of Dubuque, County of Dubuque, State of Iowa.
The District shall include two subamas:
Subarea A shall include that area generally bounded on the north by the public alley located between
the vacated Fourth Street and Third Street, on the west by the Chicago, Central and Pacific Railroad
right-of-way, on the south by East First Street and on the east by the municipal limits of the city of
Dubuque, Iowa and including any adjoining public right-of-my.
Subarea B shall include that area generally bounded on the north and west by the Chicago, Central
and Pacific Raikoad right-of-my, on the south by the northerly boundary of Subarea A and on the
east by the municipal limits of the city of Dubuque (excluding Lot 1 A dams Co.'s 2nd Addition) and
including any adjoining public right-of-way.
The boundaries of the Diga'ict are delineated onthe URBAN RENEWAL DISTRICT map, attached
hereto as Attachment A.
The City of Dubuque reserves the right to modify the boundaries of the District at some future date
in accordance with Chapter 403 of the Iowa Code, Urban Renewal Law.
V. PUBLIC PURPOSE ACTIVITIES
To meet the OB~CTIV~S of the Plan, the City of Dubuque is prepared to initiate and support
redevelOpment through the following public purpose activities:
Pre-development planning, including feasibility analysis and angkteeting;
Installation, construction and reconstruction Of streets, utilities, parking facilities, boat docks
and other public improvements, including but not limited to the Riverwalk and Harborwalk
improvements and amenities and convention facilities;
Relocation or elimin~tion of existing railroad spur lines;
Closing or vacation of existing streets and public tight-of-ways; '"
Acquisition of property through negotiation or eminent domain; .
Demolition of existing improvements;
Site preparation, including planning, design and engineering;
Environmental assessment and remediation;
Sale or lease of land for development purposes;
Financial assistance for eligible public and ptivate redevelopment and development efforts.
Public purposes activities shall be limited to those areas delineated on the PUBLIC ACTIVITY
AREA map, attached hereto as Attachment B.
All public purpose activities shall meet the development restrictions and limitations placed upon the
District by the Plan.
VI. DEVELOP1VIENT AREA
Land Use Development and Redevelopment Requirements
The intent of the ICE HARBOR DEVELOPMENT AREA is to promote the development and
redevelopment of quality residential, commercial, recreational, educational and tourism activities
in the District.
The DEVELOPMENT AREA shall include all of Subarea A and Subarea B.
Land Use
The EXISTING LAND USE map, attached hereto as Attachment C-l, identifies the existing land
uses within the Ice Harbor Development Area. '
The PROPOSED LAND USE map, attached hereto as Attachment C-2, defines the proposed land
use of the Ice Harbor Development Area.
Future rezoning to allow a mix of residential, commercial, recreational and educational uses will be
pmpnsed for the entire District.
Plannln~ and Design Criteria
The Bulk Standards, Parking Requirements and 8ignage Restrictions established within the City of
Dubuque's Zoning Ordinance for applicable zoning districts shall apply to all development and
redevelopment activities. Specific design standards applicable to the Ice Harbor Development Area
may also be developed to ensure the comprehensive and compatible development of the District.
The planning criteria to be used to guide the physical development of the Ice Harbor DeVelopment
Area are those standards and guidelines contained within the City of Dubuque's Zoning Ordinance
and other applicable local, state and federal codes and ordinances. A master site plan of the Ice
Harbor Development Area may also be developed to guide public and private development
opportunities in the District.
Public Development Activities
The City of Dubuque is prepared to meet the OBJECTIVES of the plan and to further the
redevelopment of the Ice Harbor Development Area through the implementation of one or more of
the following:
Pre-development planning, including feasibility analysis and engineering;
Rezonlng of the Ice Harbor Development Area;
Acquisition of property through negotiation or eminent domain;
Development and implementation of an overall plan to provide for the enhancement of
existing and proposed residential, commercial, recreational, educational and tourist facilities
and activities;
Installation, construction and reconstruction of streets,utilities, parking facilities, boat docks
and other public improvements, including but not limited to the Riverwalk and Harborwalk
improvements and amenities and convention facilities;
Relocation or elimination of existing railroad spur lines;
· Closing or vacation of cxlsting streets and right-of-ways;
Demolition and or relocation of existing private improvements and dredging; ..
Site preparation, including planning, design and engineering;
Environmental assessment and remediation;
Sale or lease of land for development and redevelopment purposes;
Use of tax increment financing, loans, grants and other appropriate financial tools for eligible
public and private redevelopment and development efforts;
Publicly held land is to be developed for viable residential, commercial, recreational and educational
uses and not sold for speculation. Developers will be selected on the basis of the q,m!i~y of their
.~p~75p-6gal~Tth~it ability to carryout suchproposat, their~abitlty to conform to-this Plan and4heAevel
of community benefit.
4
Eminent Domain and Relocation Renuirements
The City of Dubuque anticipates a potential need to acquire and relocate one or more existing
commercial and industrial enterprises. (See LAND ACQUISITION AREA map, attached hereto as
Attachment D.) Businesses displaced by development activities will be provided relocation
assistance in accordance with applicable provisions of Chapter 316 of the Iowa Code, Highway
Relocation Assistance Law.
There are, to the knowledge of the City of Dubuque, no residential properties currently located.
within the Development Area.
FINANCING ACTIVITIES
To meet the OBJECTIVES ofthi~ Plan and to encourage the development of the District and private'
investment therein, the City of Dubuque is prepared t9 provide financial assistance to qualified
businesses through the making of loans or grants under chapter 1SA of the Iowa Code and through
the use of tax increment financing under Chapter 403 of the Iowa Code.
Chapter 15A Loan or Grant
The City of Dubuque has determined that the making of loaus or grants of public funds to qualified
businesses is necessary to aid in the planning, undemking and completion of urban renewal projects
authorized under this Plan within the me~nlng of Section .384.24(3)(q) of the Iowa Code.
Accordingly, in furtherance of the OBJECTIVES of this Plan, the City of Dubuque may determln~
to issue bonds or make loans or grants, in reliance upon the authority of Section 354.24A, Section
384.24 0 )(q), Section 403.12 (general obligation bonds) or Section 403.9 (tax increment bonds), for
the purpose of making loans or grants of public funds to qualified businesses. Alternatively, the City
may determine to use available funds for the making of such loans or grants. In deterrnlni~g
qualifications of recipients and whether to make any such individual loans or grants, the City of
Dubuque shall consider alt of the factors set forth in Section 1SA. 1 of the Iowa Code on a case-by-
case basis. -
Tax Increment Financing
The City of Dubuque is prepared to utilize tax increment firmacing as a means of financing eligible
costs incurred in furtherance of this Plan. Bonds or loans or grants may be issued by the City under
the authority of Section 403.9 of the Iowa Code (tax increment bonds) or Section 384.24A, Section.
384.24(3)(q) and Section 403.12 (general obligation bonds).
The City acknowledges that the use of tax increment revenues delays the ability of other local taxing
bodies to realize immediately the direct tax benefits of new development in the District and the City,
.County and School District may receive less tax revenue during the duration ot~tkis-Plan than they::
would have received if this Plan were not implemented. The City believes, however, that the use -
5
of tax increment revenues to finance the public improvements and to promote private investment ia
the District is necessary in the public interest to achieve the OBJECTIVES of this Plan. Without the
use of this special financing tool, new investment may not otherwise occur. If new development
does not take place in Dubuque, property values could stagnate.
Tax increment fin aneing wilt provide a long-term payback in overall increased tax base for the City,
County and School District. The initial public investment required to generate new private
investment will ultimately increase the taxable value of the District well beyond its current value.
Tax increment rekmbursemeut may be sought for, among other things, the following co~ts to the
extent they are incurred by the City:
Plannlng and administration of the Plan;
Pre-development planning, site planning, design and engineering;
Construction or reconstruction of public improvements, amenities and facilities within the
District;
· Acquisition of land and preparation of same for sale or lease to private developers, including
any 'harrite down" of the sale price of the land;
· Construction of buildings or facilities to be sold or leased to businesses;
* Environmental assessment and remediafiOn;
· Loans or grants to qualified businesses under Chapter 15A of the Iowa Code, including debt
service payments on any bonds issued to finance such lo~n* or grants;
· Providing the local matching share for CEBA, RISE and or other local, state mad federal
grants and loans.
Proposed Amount of Indebtedness
At this time, the extent of improvements and new development with{n the District is oniy'generally
known. As such, the amount and duration of use of the tax increment revenues for public
improvements and/or private development can only be estimated. The actual use and amount of tax
ineremeut revenues to be used by the City for District activities will be determined at the time
specific development is proposed.
It is anticipated that the maximum amount ofiudebtedness, including principal, interest and City. ·
advances, which will qualify for tax increment revenue reimbursement during the duration of this
Plan, including acquisition, public improvements and private development assistance, will not
exceed $35,000,000.
At the time of adoption of the Plan, the City of Dubuque's current general obligation debt is
$8,095,000 (a list of obligations is found as Attachment E) and the applicable constitutional debt
limit is $103,883,600.
VIII. STATE AND LOCAL REQUIREMENTS
All provisions necessary to conform with state and local law have been complied with by the City
of Dubuque in the adoption of this Plan and its supporting documents.
IX. DIYRATION OF AppROvED URBAN RENEWAL PLAN
This Plan shall be in effect for a period of thirty (30) years from adoption or amendment of th!~
Amended and Restated Urban Renewal Plan or until such time that the City of Dubuque ha~ received
full reimbursement from all incremental taxes of its advances and principal and interest payable on
all Tax Increment Financing or general obligations issued to carry out the OBJECTIVES of the
District.
X. SEVERABH,rrY
In the event one or more provisions contained in this Plan shall be held for any reason to be invalid,
illegal, unauthorized or unenforceable in any respect, such invalidity, illegality, unauthorization or
unenforceability shall not affect ap_ y other provision ofthis Plan and this Plan shall be const[u~_ ~d.aa_d
implemented as if such provision had never been contained herein. ..
XL AMENDMENT OF APPROVED URBAN RENEWAL PLAN
This Plan may be amended from time to time ~o respond to development opportunities. Any such
amendment shall be completed in accordance with Chapter 403 of the Iowa Code, Urban Renewal
Law. Any change effecting any property or contractual right can be effectuated only in accordance
with apphcable state and local law.
XII. ATTACttlVIENTS
A Urban Renewal District Map, with Subamas
B Public Activity Ama Map
C-1 Existing Land Use Map
C-2 Proposed Land Use Map
D Land Acquisition Area Map
E List of Obligations
o oooooooo ~
0 0 0000
0
0
~o ~oo~ ~ooo~og o o oooo~oo
000000 ~ 00000000
EXHIBIT "2" -- LEGAL
A part of the Dubuque Harbor Improvement Company's Addition and the
Riverwalk 2nd Addition to the City of Dubuque, Iowa, more particularly described as
follows: Beginning at the Northeasterly comer of Block 3 of said Dubuque Harbor
Improvement Companfs Addition; thence South 33 degrees 24 minutes 38 seconds
West, 220.79 feet along the Southeasterly line of said Block 3, to the Southeasterly
comer of Block 3; Thence South 54 degrees 32 minutes 51 seconds East, 120.79
feet along the Southwesterly line of Lot 2 of said River-walk 2nd Addition, to the
Southeasterly comer of said Lot 2; Thence South 25 degrees 42 minutes 18 seconds
West, 35.02 feet; Thence North 73 degrees 42 minutes 18 seconds West, 142.30
feet; Thence North 51 degrees 53 minutes 24 seconds West, 357.57 feet, to the
Southerly right-of-way 1/ne of East Fourth Street Extension; Thence North 75
degrees 52 minutes 18 seconds East, 334.85 feet along said Southerly right-of-way
line; Thence South 66 degrees 47 minutes 10 seconds East, 143.16 feet along said
Southerly right-of-way line, to the point of be~dnning. Containing 1.767 acres, more
or less, and subject to easements, reservations, restrictions, and rights-of-way of
record and not of record. Together with: A 40-foot street easement lying within Lot
2 of said Riverwalk 2nd Addition, more particularly described as follows: Beginning
at the Northeasterly comer of Block 3 of said Dubuque Harbor Improvement
Company's Addition; Thence South 66 degrees 47 minutes 10 seconds East, 40.64
feet along the Northeasterly line of said Lot 2, to a point 40 feet Southeasterly of(as
measured at right angles) and parallel to the Southeasterly line of said Block 3 of
said Dubuque Harbor Improvement Company's Addition; Thence South 33 degrees
24 minutes 38 seconds West, 229.41 feet along said parallel line, to the
Southwesterly line of said Lot 2; Thence North 54 degrees 32 minutes 51 seconds
West, 40.03 feet along said Southwesterly line of said Lot 2, to the Southeasterly
comer of said Block 3; Thence North 33 degrees 24 mutes 38 seconds East,
220.79 feet along the Southeasterly line of said Block 3, to the point of beginning.
Containing 0.207 acres, more or less, and subject to easements, reservations,
restrictions, and rights-of-way of record and not of record.
· repared by: Laura Carstens Ci Planner Address: City Hallr 50 W. 13th St., Dubuquer Iowa Telephone: 5894210 ' '
ORDINANCE NO. 57 -00
AN ORDINANCE AMENDING CHAPTER 11 (BUILDINGS AND BUILDING .
REGULATIONS) OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADDING
SECTION 11-58.2, ESTABLISHING A MORATORIUM FOR PERMIT APPLICATIONS
ON THE FOURTH STREET PENINSULA.
Whereas, the City of Dubuque is engaged in a master planning process for the
Fourth Street Peninsula, which will include the establishment of development standards;
and
Whereas, the City of Dubuque desires to minimize potential development conflicts
during this planning process by enacting a permit moratorium for the Fourth street
Peninsula ROD Redevelopment Overlay District. ·
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE, IowA:
Section 1. Chapter 11 (Buildings and Building Regulations) of the City of Dubuque
Code of Ordinances is hereby amended by adding Section 11-58.2 as follows:
Section 11-58.2 Moratorium - for ,work on the Fourth Street Peninsula.
The Building Official shall not issue any permit for any new construction, demolition,
or substantial enlargement, alteration, repair or remodeling of any structure, building
or sign in the Fourth Street Peninsula ROD Redevelopment Overlay District during
the twelve-month period from the effective date of this Section, except where a..
vested right to the issuance of such permit accrued to any person, firm or
corporation as a matter of law pdor to the effective date of this Section.
Any person, firm or corporation so aggrieved by or adversely affected by the Building
Official's refusal to issue a permit pursuant to this moratorium shall appeal therefrom
to the City Council. The City Council may direct the Building Official to issue a
permit during this twelve-month moratorium for any work in the Fourth Street
Peninsula ROD Redevelopment Overlay District which the City Council believes
would not negatively impact the master planning.process for the Fourth Street ~7~ .........
Peninsula, upon a shoWing of good cause by the person, firm or corporation.
Ordinance No. - O0
page 2
Section 2. This Ordinance shall take effect upon publication, as provided by law.
Passed, approved and adopted this 7t.h day of
Attest:
August. ,2000.
~J~ar{ne F. Schneider, citY Clerk
CERTIFICATE OF CITY CLERK
~TATE OF IOWA
CQUNTY OF DUBUQUE
I,. Jeanne F. Schneider, do hereby certify that I am the duly appointed, '"
qualified, and acting Clerk of the City of Dubuque, Iowa in the County
aforesaid, and as such Clerk I have in my possession or have access to the
records of the proceedings of the City Council. I do further state that the
hereto attached ' - is a correct copy of the Original
· - approved and adopted by the City Council of the City of
Dubuque, Iowa, at a session held by said Council on the 7th day of August,
2000.
In Testimony Whereof, I hereunto set my hand and official seal of the City of
Dubuque, Iowa.
Dated at Dubuque, Iowa this 8th day of August, 2000.
~/'Jeanne F. Schneider
City Clerk
City of Dubuque, Iowa
Barry A. Lindahl, Esq.
Corporation Counsel
196 Dubuque Building
700 Locust Street
Dubuque, Iowa 52001-6824
(319) 5834113
(319) 583-1040 FAX
E-mail: balesq~mwd.net
March 29, 2001
Aspermont Company
C/o M/chael Stapl.eton, Esq.
7141 Pine Drive
East Dubuque, IL 61025
American Grain and Related Industries
C/o Hallie Still-Cads, Esq.
Nyemast~, Godde, Voigts, West, Hansell & O'Brien
700 Walnut, Suite 1600
Des Moines, IA 50309
· Crompton Corporation
C/o John T. Ferguson II, Esq.
One American Lane
Greenwich, CT 06831
Dear Counsel:
The City of Dubuque hereby offers to purchase the property described in the attached legal
description for the sum total of $1,390,000, cash at closing, flee and clear of all hens, restrictions
and encumbrances.
This offer contemplates the parties entering into a formal purchase agreement approved by the
City Council, including a Phase I and Phase II environmental study acceptable to the City.
Corporation Counsel
BAL/jm
Cc: Michael van Milli~: Cify'Marfager ~ - ~
Service People Integrity Responsibility Innovation .. Teamwork
LEGAL DESCRiFrlON
PAKCEL I
Lots 5, 6, 7, 8, 9 and 10, in Block 3;
the parts of lots 2, 3 and 4, in Block 3 not included in Fourth Street;
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 in Block 4;
Lots 1,2, 3, 4, 5, and 6, in Block 5;
the parts of lots 7, 8 and 9, in Block 5, not included in Fourth Street;
Lot 1 oflot 10,
the ,mmmabered part of lot 10 not included in Fourth Street, ,.
LOt I oflot 11,
the unnumbered part of lot I 1 not included in Fourth Street, and,
Lot 1 of lot 12, in Block 5;
Lots 13, 14, 15, 16, lot 1 of lot 17, lot 1 of lot 18, lot 1 of lot 19, in Block 6;
Lot 1 of lot 20,
The ,mnumbered part of lot 20 not included in Fourth Street,
Lot 1 of lot 21,
the unnumbered pall of lot 21 not included in Fourth Street,
all of lots 22 and 23 not included in Fourth Street, and /'
Lot 1 of lot 24, in Block 6;
Lot 38, lot 1 of lot 34, lot 1 of lot 55, lot 1 of lot 36, and lot 1 of lot 37, ~u Block 1'1;
in Dubuque Harbor Improvement Company's Addition to the City of Dubuque, Iowa, according
to the recorded Plats theren£
n
Lots 15, 16, 17, i8, 19, 20, 21, 22, 23, and 24,'
the ~ranumbered part of lot 13 not included in Fourth Street, and
the ~mnumbered part of lot 14 not included in Fourth Street, in Block 5,
in Dubuque Harbor Improvement Company's Addition to the City of Dubuque, Iowa,
according to the recorded Plats thereo£
PA_KCEL I]I
LOt 1 of Pdverwalk 2nd Addition in the City of Dubuque, Iowa, according to the recorded Plat
thereof.
PAKCEL IV
The vacated portion of Tower Street from the north line of Wall Street to
the South line of East Fourth Street Extension;
The vacated alley in Block 5;
The vacated portion of Pine Street from the Levee to Bell Street;.
The vacated portion ofthe alley from the west side of lot 34 to the east side of lot 38, in B16ck 11;
The vacated alley in Block 6;
in Dubuque Harbor Improvement Company's Addition, in the City of DubUque, Iowa, according"
to the recorded Plats thereo£