Before the city may acquire an interest in real property by purchase, other than by eminent domain, the Board of Public Works and Safety shall do the following:
(A) Declare a public use or public purpose for the real estate to be purchased;
(B) Have the real estate appraised by 3 disinterested, qualified and licensed appraisers and obtain written appraisals from each;
(C) Have the real estate inspected by qualified persons or experts for possible underground mine shafts, soil erosion or other obstacles to the desired public use or purpose of the land;
(D) The owner of the real estate shall provide the Board with evidence of good and marketable title to the real estate to be purchased, or, in the alternative, the Board shall do or have performed a complete title search to determine whether the city will receive clear and marketable title thereto;
(E) If there are no obstacles existing on or under the real estate, if clear and marketable title is shown, and if acquisition of the real estate is deemed to be in the best interests of the city, the Board shall adopt a resolution to acquire ownership interest in that real estate by purchasing same at a price either at or below the appraised value, and specify therein the public use or purpose for acquiring the real estate, the appraised values thereof and the agreed upon purchase price, the legal description and common address of the real estate, that the real estate is fit and suitable for the designated public use or purpose, and that the owner of the property has clear and marketable title to convey to the city;
(F) If a resolution is adopted by the Board, that resolution must be submitted to the Common Council for final acceptance and approval before the real estate can be acquired; and
(G) Once the Common Council has approved the resolution, the Board may proceed to acquire the property at a public meeting thereof and execute, on behalf of the city, any and all documents necessary to consummate the conveyance.
(Ord. 5-1993, passed 2-23-1993)