Resolution 4054 - Resolution of Intent to Sell City Property - Old FVCC Propertye
RESOLUTION NO. 4054
A RESOLUTION OF INTENTION TO SELL CERTAIN REAL PROPERTY OWNED BY
THE CITY OF KALISPELL.
WHEREAS, the City of Kalispell, a municipal corporation,
owns certain real property, within the Downtown Redevelopment
Area, to -wit:
Lots 1, 2, 3, 4 and the northerly 7 inches of Lot 5,
Block 36, Kalispell, Flathead County, Montana,
according to the map or plat thereof on file and of
record in the office of the Clerk and Recorder of
Flathead County, and
WHEREAS, Section 7-15-4263, Montana Code Annotated,
authorizes the city to dispose of real property located in an
urban renewal area by inviting proposals from private developers
and other persons interested in undertaking redevelopment
activities within the urban renewal area, and
WHEREAS, the City purchased said property under Resolution
No. 3834, for the purposes of acquiring additional property in
the Downtown Redevelopment Area in order to provide additional
land for redevelopment by private enterprise and for parking, and
WHEREAS, the City Council of the City of Kalispell, Montana,
desires to sell said property, for the purpose of providing
property to private developers for development in accordance with
Ordinance No. 933 and Ordinance No. 1065, and
WHEREAS, the property is not held in trust by the City of
Kalispell for a specific purpose and therefore does not require
an election in order to authorize its sale, and
WHEREAS, the property is not necessary for the conduct of
City business nor for the preservation of property owned by the
City and it is in the best interest of the City of Kalispell and
its inhabitants to sell said property.
NOW, THEREFORE, be it resolved by the City Council of the
City of Kalispell, Montana, as follows:
SECTION I. That the City of Kalispell sell certain
real property, to -wit:
Lots 1, 2, 3, 4 and the northerly 7 inches of Lot 5,
Block 36, Kalispell, Flathead County, Montana,
according to the map or plat thereof on file and of
record in the Office of the Clerk and Recorder of
Flathead County.
1
7-]
385
SECTION II. The City Council hereby establishes the
fair market value of said property to be in a range of
not less than $6.65 per square foot and not greater
than $10.00 per square foot. The City shall require
the successful purchaser to bid at least the minimum
fair market value.
SECTION III. That the City of Kalispell shall receive
sealed bid proposals, addressed to the City Clerk of
Council, for purchase of the property from the City
until 11:00 o'clock A.M., MDT on the 23rd day of June,
1992. All bids will be opened by the City Manager at
an open administrative session commencing at 11:30 A.M.
on the 23rd day of June, 1992,.in the Council Chambers,
City Hall, Kalispell, Montana.
SECTION IV. That the terms of said sale shall be cash
within ten (10) days after the notice from the City to
the prospective purchaser that the bid for the sale of
said property is acceptable to the City.
SECTION V. That prospective purchasers of said
property shall as a condition of bidding said property,
submit to the City Clerk of Council with their
proposal, cash, certified check or bank money order in
an amount of not less than five (5) percent of the bid
amount as earnest money. The earnest money, herein
required, shall assure that the prospective purchaser,
whose bid is accepted, shall enter into, execute and
perform according to his bid. Should the prospective
purchaser fail and refuse to purchase the property, he
shall forfeit such earnest money to the City. The
earnest money of unsuccessful prospective purchasers
shall be returned.
SECTION VI. Should the successful prospective
purchaser fail to purchase the property, the City
reserves the right to consider and sell said property
to another prospective purchaser.
SECTION VII. The City in considering competing
proposals received as a result of published notice
shall consider the purchase price offered by the
respective respondents. However, the purchase price
shall not be the sole factor in disposing of the
property to a successful purchaser. The City shall
consider such other factors as: proposals potential to
further the goals and objectives of the urban renewal
plan, background of potential developers, financial
ability of potential developers to perform under the
proposal, benefit to the City in general and benefit to
urban renewal area, in particular. The decision on
KA
disposing of the property will ultimately be based upon
a broad evaluation of the proposals submitted and how
the proposals individually serve the public interest.
SECTION VIII. Should the City fail to receive any bids
for the property or should the bids received not be at
least the minimum fair market value established by this
Resolution, the City Council reserves the right to sell
the property at private sale at an amount agreeable
between the City and a purchaser which shall be in the
best interests of the City of Kalispell and its
inhabitants.
SECTION IX. The City Clerk of Council and City
Attorney are hereby authorized to advertise the sale of
the property, both through legal notice and commercial
advertisement. Legal notices of the sale shall be
published at least three times on successive weeks in
the Daily Inter Lake.
SECTION X. The City Council hereby reserves the right
to reject any or all bids or to waive any technicality
or informality and accept any bid which may be deemed
best for the interests of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL THIS 1st DAY OF 1992.
ATTEST:
my H. Robertson
Finance Director
3