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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 "All 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, dispo�e 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 I 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: BVck 23, Kalispell, Montana, as more particularly described in Exhibit "A". SECTION 1111. 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 app"raisals and recommendations made by the Com- munity Development Committee and the Parks Committee. SECTION 111. -*That the City Council _ of the City .'. of Ka . lispell shall recejv�__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 IV. That the terms of said sale shall be cash within ten (10) day�_ -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 coni-iflonof 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 th� 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 VIII, The City shall require the successful prospective pur- -j-haser 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, shouITT 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 I . X. 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 A PPROVED BY THE CITY COUNC IL OF THE CITY . OF KALISPELL AND APPROVED BY THE MAYOR THIS 4th DAY OF February 1985. mayor ATTEST: Don HaTver, �City Clerk -Treasurer EXHIBIT "A"" Lots 1, 2, 3, 4, 5, 6, 7, 8, 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 meetin g held City-'I�lerk 6f-fhe City of Kalispell, Montana I- I- I'