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Establishing Fair Market Value - Plastic Center, Inc. , , . . . . ,. RESOLUTION NO. 284-00 ESTABLISHING FAIR MARKET VALUE FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OWNED BY PLASTIC CENTER INC. WHEREAS, the City of Dubuque (City) intends to acquire certain real property owed by Plastic Center Inc. (Plastic Center) shown on Exhibit A attached hereto (the Property); AND WHEREAS, Iowa Code Chapter 6B, as amended in 2000 by House File 2528, requires that City must make a good faith effort to negotiate with Plastic Center to purchase the Property before proceeding with condemnation; AND WHEREAS, Chapter 6B requires that City may not make an offer to purchase the Property which is less than the fair market value City has established for the Property; AND WHEREAS, City has caused an appraisal of the Property to be made and the appraised value of the Property is $ 1,191,500.00. AND WHEREAS, City now desires to establish the fair market value of the Property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: 1. The fair market value of the Property is hereby established to be $ 1,191,500.00, 2. The City Manager and the Corporation Counsel are hereby directed to submit a copy of the appraisal to Plastic Center Inc. as required by Iowa Code Chapter 6B and to commence negotiations with Plastic Center for the purchase of the Property for a purchase price which is not less than the fair market value established by this Resolution. Passed, approved and adopted this 19t1day of Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk . . . A lj,-1ii ZRY') s. r h :&3,:;A i%. ,(ffi <: ;~ m.... ... ,-,:, ij '~1 > A," '.C; 7';/)7;; ~'" .4. ...j( . ~. ...i';. 'n.'.<;,,~~ m 7~~ >~"',~t . '<u08,;1 . ::: _:.. ."O'.t" '::: . . ~ ::, .~.... :-< -;. r..~ " ]/~)'1!.,,::: , ,. :::'-:~:>:::::. . :t;...;.>.;::: ~ ,,4....;...!>.....~.........'.."'..~...>.~..~ \h ~... /'".~.j>:.~... :0, '. ..,l / .:'~ ~d ~6rlysr . 'i;;~;;:4;.""'" ,,0 /.... ~J, ?O.ti' :~ :-:; I;: fX / ",>c" /.-....; ,., (....~ '" 1'. /;.:;:::~ ;.", .."; ,.\ It )%':8/ .::/" /n' 7~ W}{ i)X,'7' ",i(} / <~) 1,0: err,;; ,.:> .",. ( r.0/0t (uP r/'t8hi)(>~ ~/k n ..' r8JJ~ ,.._ / ~, i;[Y, /7; ..) mu s .~" b /~, !/1)1~ ~0~i v &"'" 00;N>QQ~ / (1% lZS 0<m> 0 ~.~.i ",>i ,)' . ... "-~..,, "'T'LO<7 2%*0)' "' ~"L"7","'M N.3'3-Lot5BlockM EXHIBIT A i~ . ere. p';:operties 4\14 51 ~ q;. .", q: ~ .'" .,," '" ~ r~.. o. ~ . 0 I ~ ~ ~ ~iJ' I ::~c o '--- " ... ... ~ N 100 200 Feet , . . . Barry A. Lindahl, Esquire Cor~tion Counsel 700 Lcrust St~t - 196 Cyeare Plaza o Dubu'ljIe, Io~ 5<l!1J1-6824 W (319)~-4113:) _ >(319)tlIJ5-1040~~)c; U~E-ma~aleScN':ll~net C ---0 W....,... ::~) 0::. ;;'~ >0 ~ ...,.--' o G C.l 5IG~%~UE ~<k~ June 15, 2000 Mayor Terrance M. Duggan and Members of the City Council City Hall Dubuque, Iowa 52001 RE: Resolution Establishing Fair Market Value For The Acquisition Of Certain Real Property Owned By Plastic Center, Inc. Dear Mayor and Councilmembers: Enclosed is a Resolution for your consideration, establishing the fair market value of certain real property owned by Plastic Center, Inc., in the Ice Harbor Urban Renewal District. Recent changes to Iowa Code Chapter 6B, Eminent Domain, require that an acquiring agency must make a good faith effort to negotiate with the owner to purchase private property before filing an application for condemnation. The acquiring agency may not make an offer to purchase the property that is less than the fair market value the acquiring agency has established for the property pursuant to an appraisal required by Iowa Code Section 6B.45. The acquiring agency need not make an offer in excess of that amount in order to satisfy the requirement to negotiate in good faith. The acquiring agency must then submit to the person or corporation whose property is to be acquired, by ordinary mail, at least ten days prior to the date upon which the acquiring agency contacts the property owner to commence negotiations, a copy of the appraisal, in its entirety, upon such real property prepared for the acquiring agency. The appraisal must be the appraisal upon which the acquiring agency will rely to establish an amount which the acquiring agency believes to be just compensation for the real property. Service People Teamwork Responsibility Innovation Integrity . i . . . . Mayor Terrance M. Duggan and Member of the City Council June 15, 2000 Page Two The Plastic Center, Inc., property, which the City intends to acquire, shown on Exhibit "A" attached to the Resolution, has been appraised at the request of the City by Felderman Appraisals and by Luksetich Appraisals. The fair market value of the Felderman Appraisal is $1,191,500. The fair market value established by the Luksetich appraisal is $1,014,000. It is my recommendation that the fair market value of the Plastic Center, Inc., property for purposes of acquisition be established at $1,191,500. Cor . Lindahl Counsel BAL/cg Enclosures cc - Mr. Michael C. Van Mi11igen CERTIFICATE OF DEPUTY CITY CLERK STATE OF IOWA ) ) COUNTY OF DUBUQUE ) I, Karen M. Chesterman, do hereby certify that I am the duly appointed, qualified, and acting Deputy Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such Deputy 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. 284-00 is a correct copy of the original Resolution No. 284-00 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 19th 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 13th day of April, 2001. ~ I, u/u lit t/tbLtfktbJ Ka n M. Chesterman, Deputy City Clerk (Seal) '-I 13/0/ ,/(' ~ . . , I /if>/ C[' L_ " iI , )/.,; /' ..... j, Ie