Authorization to Sign Purchase Contracts/Offers to Buy Copyright 2014
City of Dubuque Consent Items # 6.
ITEM TITLE: Authorization to Sign Purchase Contracts/Offers to Buy
SUMMARY: City Manager recommending authorization for the Housing
and Community Development Department Director to sign
Purchase Contracts/Offers to Buy on behalf of the City of
Dubuque.
RESOLUTION Authorizing the Housing and Community
Development Director to execute purchase contracts/offers
to buy on behalf of the City of Dubuque subject to final
approval by the City Council.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Authorization to Sign Purchase Contracts/Offers to City Manager Memo
Buy-MVM Memo
Memo Staff Memo
Resolution Resolutions
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Authorization to Sign Purchase Contracts/Offers to Buy
DATE: April 12, 2016
The Housing & Community Development Department staff negotiates offers to purchase
properties for purposes of revitalizing neighborhoods, acquiring vacant/abandoned
properties and providing affordable homeownership opportunities throughout the City of
Dubuque. Currently, only the Mayor can sign the offer, after the City Council approves
the purchase. Realtors have stated that until signed by someone authorized to extend
the offer to purchase, there is no offer. Because properties are actively listed, until
there is an executed purchase agreement, the Realtor is obligated by state contract law
to present any other offers that come in for potential acceptance. Once there is an
executed offer and acceptance with a potential buyer (in this case, the City) other offers
can be received and accepted as back-up, but cannot bump the City's offer while it is
subject to those contingencies.
Housing and Community Development Department Director Alvin Nash recommends
City Council authorization for the Housing and Community Development Department
Director to sign Purchase Contracts/Offers to Buy on behalf of the City of Dubuque.
The contract to purchase is not binding unless the contingencies set forth in the offer
are met, including City Council approval.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Alvin Nash, Housing and Community Development Department Director
THE CITY OF Dubuque
AII-Ame1 rica City
DUBgkE r
Masterpiece on the Mississippi 2007.2012.2013
TO: Michael Van Milligen, City Manager
FROM: Alvin Nash, Housing and Community Development Department
SUBJECT: Authorization to sign Purchase Contracts/Offers to Buy
DATE: April 11, 2016
Introduction
The purpose of this memorandum is to request City Council approval to designate Alvin
Nash, Housing and Community Development Department Director to be authorized to
sign Purchase Contracts/Offers to Buy on behalf of the City of Dubuque.
Background
The Housing & Community Development Department staff negotiates offers to purchase
properties for purposes of revitalizing neighborhoods, acquiring vacant/abandoned
properties and providing affordable homeownership opportunities throughout the City of
Dubuque. However, as the protocol sits now, we do not have the authority to sign an
offer, only the Mayor can after City Council approves the purchase. We have been
informed by realtors' that until signed by someone authorized to extend the offer to
purchase, there is no offer. Because properties are actively listed, until there is an
executed purchase agreement, the Realtor is obligated by state contract law to present
any other offers that come in for potential acceptance. Once there is an executed offer
and acceptance with a potential buyer (in this case, the City) other offers can be
received and accepted as back-up, but cannot bump your offer while it is subject to
those contingencies. It is for the City's protection as the potential buyer as much, if not
more so, than for the protection of the seller.
Discussion
As with any offer, it is understood that the contract to purchase is not binding unless the
contingencies set forth in the offer are met including City Council approval.
Action Step
The action requested of the City Council is approval to designate Alvin Nash, Housing
and Community Development Department Director to be authorized to sign Purchase
Contracts/Offers to Buy on behalf of the City of Dubuque.
KLN
Preparer: Barry A. Lindahl, Esq., Housing & Community Develop Dept., 350 W, 6th, Suite 312, Dubuque, IA 52001 (563) 583-
4113
RESOLUTION NO. 122-16
AUTHORIZING THE HOUSING AND COMMUNITY DEVELOPMENT DIRECTOR TO
EXECUTE PURCHASE CONTRACTS/OFFERS TO BUY ON BEHALF OF THE CITY
OF DUBUQUE SUBJECT TO FINAL APPROVAL BY THE CITY COUNCIL
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Housing and Community Development Director shall have the
authority to sign the following documents on behalf of the City:
(a) Purchase Contracts;
(d) Offers to Buy
All contracts/offers will be contingent on final approval of the City Council. If City
Council does not approve the Purchase Contract or Offer to Buy the agreement is null
and void.
Section 2. The Department Director may delegate the authority granted herein
provided such, delegation is in writing.
Passed, approved and adopted this 18th day of April, 2016.
Ric W. Janes, 'Mayor Pro -Tem
Attest:
Kevin S. Firnstahl, City Clerk