Resolution 3827 - Resolution of Intent - Sale of Lots 8-12, Block 55RESOLUTION NO. 3827
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: Lots 8, 9, 10, 11 and 12, Block 55,
Kalispell Original Townsite, 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, Section 7-15-4262, Montana Code Annotated, authorizes a
municipality to sell, lease, or otherwise transfer real property in
an urban renewal area for urban renewal projects for residential,
recreational, commercial, industrial or other uses or for public
uses, and
WHEREAS, the City of Kalispell did on the 10th day of September,
1979, adopt Ordinance No. 933 which created the Downtown Redevelopment
Plan for the City of Kalispell, and
WHEREAS, the City of Kalispell did on the 4th day of November,
1985, pass Ordinance No. 1065 designating certain projects within the
Downtown Redevelopment Area, and
WHEREAS, pursuant to Ordinance No. 1065, the City of Kalispell
purchased the above described property for the purpose of providing
off-street parking facilities in the Downtown Redevelopment Area, and
WHEREAS, the City Council of the City of Kalispell desires to
sell said property, so acquired, for the purpose of expanding commerce
and business within the Downtown Redevelopment Area, and
WHEREAS, further, the proceeds generated by the sale of said
property may be used for the purpose of acquiring additional off-street
parking within the Downtown Redevelopment Area, and
WHEREAS, the property described above is under utilized in its
current use as a parking lot, 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 17th day of October, 1988 it was determined by vote of the
City Council that the fair market value for said property was the sum
of One Hundred and Forty -Four Thousand Dollars ($144,000).
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 real property, to -wit:
Lots 8, 9, 10, 11 and 12, Block 55, Kalispell Original
Townsite, Montana, according to the plat thereof on file and
of record in the office of the Clerk and Recorder of Flathead
County, Montana.
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 One Hundred and Forty -Four Thousand Dollars
($144,000).
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SECTION III. That the City Council in determining the fair
market value for the purpose of said sale of said real
property shall take into consideration and account, at the
time of sale, the uses provided for in the Downtown Redevelop-
ment Plan, the restrictions upon and the covenants, conditions,
and obligations assumed by the prospective purchasers of
said real property, the objectives of the Downtown Redevelop-
ment Plan for the prevention of the re -occurrence, of blight
and the consistent application of the Downtown Redevelopment
Plan.
SECTION IV. That the City Council shall receive sealed bid
proposals, addressed to the City Clerk -Treasurer, for the
purchase of the property from the City at the regularly
scheduled Council meeting on the 21st day of November, 1988.
SECTION V. That prospective purchasers of said property
should be prepared to show and demonstrate their obligation
to devote said real property subject to transfer to the uses
specified in the Downtown Redevelopment Plan and said
purchaser's obligation to begin within a reasonable time
improvements on said real property in accordance with the
Downtown Redevelopment Plan. Prospective purchasers at the
time of presenting their sealed bid proposal shall be prepared
to demonstrate to the City Council their ability to comply
with the Downtown Redevelopment Plan and the financial ability
to purchase the property.
SECTION VI. 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 VII. That prospective purchasers of said property
shall, as a condition of bidding said property, submit to
the City Clerk -Treasurer 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 pros-
pective 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 VIII. Should the successful prospective purchaser
ai to purchase the property, the City reserves the right
to consider and sell said property to the next highest pros-
pective purchaser.
SECTION IX. That the City shall require the successful
prospective purchaser to bid at least ninety (90) percent of
the established fair market value.
SECTION X. 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 XI. The City Clerk -Treasurer 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.
SECTION }III. The City Council hereby reserves the right to
reject any and all proposals, to determine whether any and
all proposals submitted support the public interest in the
furtherance of the Downtown redevelopment Plan, 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 BY. THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED
BY THE MAYOR THIS 17TH DAY OCTOBER, 1988.
ATTEST:
City Clerk -Treasurer _
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qJoFEd" Kennedy Jr., Mayor
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
City of Kalispell, r;ontana at a regular meeting held of the
City Clerk of the City of Kalispell
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