Resolution 3859 - Resolution of Intent to Sell Buffalo Head PropertyRESOLUT10N NO. 3859
A RESOLUTION OF INTENTION TO SELL CERTAIN REAL PROPERTY OWNED BY THE
CITY OF KALISPELL.-
WHEREAS, the City of Kalispell, a municipal corporation, acquired
certain real property from Flathead County pursuant to Title 15,
Chapters 17 and 18, Montana Code Annotated, and Title 7, Chapter 8,
Part 23, Montana Code Annotated, and
WHEREAS,. as a result of said acquisition the City owns Lots 4,
5, 6, 7, 8, 9, 12, 13, 16, 17, 18, 19, 20, 21; Buffalo Head Addition
No. 92, Kalispell, Flathead County, Montana, and
WHEREAS, Section 7-8-4201, Montana Code Annotated, authorizes a
municipality to sell, lease or otherwise dispose of any real 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 of Kalispell desires to sell the above -mentioned
property in order to redeem special improvement district bonds issued
pursuant to Special Improvement District #328, 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
business nor for the preservation
it is in the best interest of the
said property, and
necessary for the conduct of City
of property owned by the City and
City and its inhabitants to sell
WHEREAS, the City must
sell, at
a minimum, said
real property
for
the sum of
$211,122.59
to cover
the expenses of purchasing
the
property
and to retire the delinquent
and outstanding special improve-
ment
district bonds which are
a lien
upon the property,
and
WHEREAS, a recapitulation of the
sums needed to be
recovered on
each lot is as follows:
Redistrib.
Total
Del.
SID
Roll -in Cost
Cost
Lot
4 6,475.97
+ 3,801.93
+ .0812 x
85,364.49 6,931.60
17,209.50
Lot
5 7,889.01
+ 4,652-79
+ .0994
8,485.23
21,027-03
Lot
6 6,994.69
+ 4,121.04
+ .0881
7,520.61
18,636.34
Lot
7 5,948-67
+ 3,509.55
+ .0750
6,402.34
15,860.56
Lot
8 6,493.40
+ 3,185.25
+ .0815
6,957.21
16,635.86
Lot
9 5,724.99
+ 3,376.56
+ .0722
6,163.32
15,264.87
Lot
12 6,136.11
+ 3,615.81
+ .0773
6,598.68
16,350.60
Lot
13 8,058.72
+ 4,745.73
+ .1014
8,655.96
21,460.41
Lot
16 3,793.40
+ 2,206-71
+ .0472
4,029.20
10,029.31
Lot
17 3,793-40
+ 2,206.71
+ .0472
4,029.20
10,029.31
Lot
18 3,811.48
+ 2,220.03
+ .0474
4,046.28
10,077.79
Lot
19 3,936-58
+ 2,313.09
+ .0494
4,217.01
10,466.68
Lot
20 4,160.65
+ 2,445.96
+ .0523
4,464.56
11,071.17
Lot
21 6,377.74
+ 3,762-12
+ .0804
6,863-30
17,003.16
79,594.81
46,793.28
100%
85,364.50
211,122-59
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 4, 5, 6,
7, 8, 9,
12, 13, 16, 17,
18, 19,
20, 21; Buffalo Head Addition
No.
92, Kalispell, 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 total sum of Two Hundred Thirty -Two Thousand,
Two Hundred Thirty -Four Dollars ($232,234.00).
SECTION III. That the City Council shall receive sealed
bid proposals to purchase all of the City owned lots in
Buffalo Head Addition No. 92 or individual lots, addressed
to the City Clerk -Treasurer at its regularly scheduled
meeting on the l9th day of June, 1989.
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 -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 VI. Should the successful prospective purchaser
fail to purchase the property, the City reserves the riqht
to consider and sell said property to the next highest
prospective purchaser.
SECTION VII. That the City shall require the successful
prospective purchaser to bid at least ninety (90) percent
of the established fair market value.
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 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 IX. The City Clerk -Treasurer and City Attorney
are hereby authorized to advertise the sale of said property
through legal notice and commercial advertisement. Lega 1
notices of said sale shall be published in the Daily inter
Lake at least three times on successive weeks.
SECTION X. 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, to
waive any informality or technicality 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 Ist DAY OF MAY , 1989.
hn "Ed" Kenned 14jr., Mayor
j
1, thgendersigned, City Mrk of the City of
ATTEST: Kalisp 11, 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
h Halver, C.M.C.
City Clerk -Treasurer
I
I
I
City Clerk of the City of Kalispell----