Resolution 4155 - Resolution of Intent - Property Sale - Diane Hall HouseRESOLUTION NO. 4155
A RESOLUTION OF INTENTION TO SELL CERTAIN PROPERTY OWNED BY THE
CITY OF KALISPELL.
WHEREAS, the City of Kalispell, a municipal corporation, owns
certain real property, to -wit: Lot 5, Block 187, Kalispell Townsite
Addition #1, together with a house and garage located upon and
appurtenant to said property, and
WHEREAS, Section 7-8-4201, Montana Code Annotated, authorizes
the City Council to sell, dispose or lease any property belonging
to the City upon proper passage of an Ordinance or Resolution
passed by two-thirds vote of all members of the City Council, and
WHEREAS, the City desires to utilize said real property along
with other real property in the area for the purpose of expanding
parking associated with Kalispell High School, and
WHEREAS, in order to develop said real property as desired, it
is necessary to remove the house and garage, and
WHEREAS, the property__ is not held in trust by the City of
Kalispell for any 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 and its inhabitants to sell
said property, and
WHEREAS, at the regularly scheduled meeting of the City
Council on the 20th day of June, 1994, it was determined by vote of
the City Council that the fair market value for said property was
the sum of three thousand dollars ($3,000.00).
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF KALISPELL AS FOLLOWS:
SECTION I. That it is the intention of the City Council
of the City of Kalispell to sell certain property, to -
wit: a house and garage located on Lot 5, Block 187,
Kalispell Townsite Addition #1.
SECTION II. That the City Council of the City of
Kalispell hereby establishes the fair market value of
said real property to be the sum of three thousand
dollars ($3,000.00).
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SECTION IiI. That the successful purchaser of the
property shall remove said house and garage from the
subject real property within thirty (30) days of the date
of sale.
SECTION iV. That the City shall receive sealed bid
proposals, addressed to the Clerk of Council, for the
purchase of property from the City at an open
administrative session scheduled on the 5th day of July,
1994.
SECTION V. That the terms of sale shall be cash within
three (3) 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 VI. That prospective purchasers of said property
shall, as a condition of bidding said property, submit to
the Clerk of Council with its proposal, cash, certified
check, or bank money order in the amount of not less than
five (5) percent of the bid amount in 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 proposal.
Should the prospective purchaser fail and refuse to
purchase the property, he shall forfeit such earnest
money to the City. The earnest money of the unsuccessful
purchasers shall be returned.
SECTION VII. Should the successful prospective purchaser
fail to purchase the property, the City reserves the
right to consider and sell said property to the next
highest prospective purchaser.
SECTION VIII. That the City shall require the successful
prospective purchaser to bid at least ninety (90) percent
of the established fair market value.
SECTION IX. should the City fail to receive any bids for
the property, or should the bids received not be at least
ninety (90) percent of the fair market value, the City
Council reserves the right to sell said property at
private sale in an amount agreeable between the City and
the purchaser which shall be in the best interest of the
City of Kalispell and its inhabitants.
SECTION X. The Clerk of Council and City Attorney are
hereby authorized to advertise the sale of said property
through legal notice. Legal notices of said sale shall
be published at least three times on successive weeks in
the Daily Inter Lake.
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SECTIPN X1. The City Council hereby reserves the right
to reject any and all proposals, and to determine whether
any and all proposals submitted support the public
interest.
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL THIS 20th DAY OF June , 1994
ON,
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ATTEST:
Amy H. obertson
Finance Director