Resolution 4195 - Intent to Sell City Property Portion of Old College Site989
RESOLUTION NO. 4195
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.
3634, 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.
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SECTIQN 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., on the 22nd day of February, 1995.
All bids will be opened by the City Manager at an open
administrative session commencing at 11:30 A.M. on the
22nd day of February, 1995, 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 disposing of the property will ultimately be
based upon a broad evaluation of the proposals submitted
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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 threetimes on successive weeks in the
Daily Inter Lake.
SECTION X. The City Council hereby reserves the right to
reject any or all bids 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 28TH DAY OF JANUARY, 1995.
ATTEST:
OJKQw-'�i �A d (2mo
Debbie Gi tou
CNCClerk of 1
,ter, � ' ♦ �.�r��t�
t. sRauthe, mayor
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