Resolution 4197 - Resolution of Intention to Sell Property - 705 7th Ave West.. J J 3
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RESOLUTION NO. 4197
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, to -wit: Lot 12, Block 188,
Kalispell Townsite Company's Addition No. 1,
Kalispell, Montana, and
WHEREAS, Section 7-8-4201, MCA, authorizes the City Council
to sell, dispose of 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 acquired said property in a foreclosure
action, and the City Council desires to sell said
property for the purpose of returning said property
into the housing stock of the City, 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 it is the intention of the City Council
of the City of Kalispell to sell certain real
property located at Lot 12, Block 188,
Kalispell Townsite Company's Addition No. 1,
Kalispell, Montana, according to a map or plat
thereof, on file and of record in the office
of the Flathead County Clerk and Recorder.
SECTION II. That the City Council hereby establishes a
fair market value of said property to be the
sum of Eighty_ Four_ Thousand Nine Hundred and
Eighty --eight Dollars ($84,988.00).
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SECTION III. 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 on the 14th
day of March-, 1995.
SECTION IV. That the terms of the 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 the 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 the next highest prospective
purchaser.
SECTION VII. The City shall require the successful
prospective purchaser to bid at least ninety
(90) percent of fair market value, established
herein.
SECTION VIII. 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
appraised value, 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.
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SECTION IX.
The Clerk of Council and City Attorney are
hereby authorized to advertise the sale of the
property through legal notice. 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 and all proposals, to determine
whether any or all proposals submitted support
the public interest, to waive any technicality
or any informality and to accept only the bid
or proposal which may be deemed in the best
interest of the City of Kalispell.
PASSED AND APPROVED
BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL, THIS 21st DAY OF FEBRUARY, 1995.
Attest:
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Debbie AC-Fuyncil
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Clerk
Dougla D. Rauthe - Mayor
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