Resolution 3563 - Authorizing Sale of Block 23RESOLUTION NO. 3563
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: Block 23 of Kalispell, Montana, as more particularly described in
Exhibit "A" attached hereto and for purposes of this Resolution made a part hereof,
and
WHEREAS, Section 7-8-4201 , Montana Code Annotated 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 Council of the City. of Kalispell, Montana, desires to sell
said property, for the purpose of financing the purchase and development of
public recreational facilities, 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
it's 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 1. That the City of Kalispell sell certain real property,
to -wit: Block 23, Kalispell, Montana, as more particularly described in
Exhibit "A".
SECTION ll. The City Council shall establish the fair market value of
said property prior to advertising the property for sale, based upon a
review of submitted appraisals and recommendations made by the Com-
munity Development Committee and the Parks Committee.
SECTION III. That the City Council of the City of Kalispell 'shall
receive sealed bid proposals, addressed to the City Clerk, for purchase
of the property from the City at the regularly scheduled Council Meeting
on the 18th day of March, 1985.
SECTION 1V. 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 purchases of said property shall as a
condition of bidding said property, submit to the City Clerk 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 pur-
chase 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 pur-
chaser to bid at least ninety percent (90) of the fair market value.
SECTION VIIII . Should the City fail to receive any bids for the property,
should the bids received not be at least ninety percent (90) of the fair
market 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.
SECTION EX. The City Clerk 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 twice 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 OF THE CITY OF KALISPELL
AND APPROVED BY THE MAYOR THIS 4th DAY OF February 1985.
Mayor
ATTEST:
Don Halver, City Clerk -Treasurer
EXHIBIT "A"" s
Lots 1, 2, 3, 4, 5, 6, 7, S, 9, 10, 11 and 12 of Block 23
of Kalispell, Montana, according to the recorded plat thereof,
records of Flathead County, Montana.
I, the undersigned, City Clerk of the City of Kalispell, certify that the foregoing
is a true copy of the Resolution passed by the City Council of the City of Kalispell,
Montana, at a regular meeting held
Cit lerk f the City of Kalispell, Montana
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