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Resolution 3963 - Intent to Sell Buffalo Head Lot 11RESOLUTION NO. 3963 A RESOLUTION OF INTENTION TO SELL CERTAIN PROPERTY OWNED BY THE CITY OF KALISPELL. WHEREAS, the City of Kalispell acquired from Stan W. Pine, and now owns, certain real property, described as Lot 11, Buffalo Head Addition No. 92, and WHEREAS, Section 7-8-42010 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 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, the City must sell, at a minimum, said real property for the sum of $23,790.52 to cover the expenses of purchasing the property and to retire the delinquent and outstanding special improvement district bonds which are a lien upon the property, and WHEREAS, the City has retained the services of an appraiser for said property and that the appraisal established a market value of said property to be the sum of $37,500.00. 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: Lot 11, 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 sum of $37,500.00. SECTION III. That the City shall receive sealed bid proposals to purchase the City owned lot in the Buffalo Head Addition No. 92, addressed to the City Clerk of the Council, to be opened by the City Manager at an open administrative meeting commencing at 12:00 p . M. on November 27 , 1990. SECTION IV. That the terms of the sale shall be cash within ten (10) days after the notice from the City to the Drosuective purchaser that the bid for the sale of 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 right to consider and sell said property to the next highest bidder. SECTION VII. The City shall require the successful prospective purchaser to bid at least ninety (90) per cent 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 of the Council is hereby authorized to advertise the sale of said property through legal notice. Legal 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 Sth DAY OF November , 1990. (;Do-v Rat) Dougla Rauthe, Mayor ATTEST: Amy H./Robertson City Clerk -Treasurer