Resolution 3964 - Intent to Sell Buffalo Head Lots50
RESOLUTION NO. 3964
A RESOLUTION OF INTENTION TO SELL CERTAIN 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, 64, 7, 8, 9, 12, 13, 16, 17, 18, 19, 20, and 21; Buffalo
Head Addition No. 92, Kalispell, Flathead County, Montana, and
WHEREAS, the City did on the 1st day of May, 1989, pass
Resolution No. 3859 entitled a Resolution of Intention to Sell
Certain Real Property Owned by the City of Kalispell, and
published notice of said Resolution on May 24, May 31, June 7 and
June 14, 1989; advertising said Lots for sale by sealed bid with
the opening date of the 19th day of June 1989, and
WHEREAS, no bids were received for the property, 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, Section 7-8-2301, Montana Code Annotated,
authorizes a municipality to sell real property, so acquired, at
private sale for 70% of the appraised value if two attempts have
been made to dispose of property and no bids are received for
said property, 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 $265,343.98 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 in -total the sum of $317,250.00, and
WHEREAS, the appraisal value of the individual lots is as
follows:
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Lot
16
$10,250.00
Lot
17
$10,250.00
Lot
18
$10,250.00
Lot
19
$10,250.00
Lot
20
$10,250.00
Lot
21
$25,000.00
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: Lots 4, 5, 6 7, 8, 9, 12,13, 16, 17, 18, 19,
20, and 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 sum of $317,250.00.
SECTION III. That the City Council of the City of
Kalispell, hereby, establishes the fair market value of
said individual lots to be as follows:
LOT #
VALUE
Lot
4
$28,500.00
Lot
5
$37,500.00
Lot
6
$37,500.00
Lot
7
$25,000.00
Lot
8
$25,000.00
Lot
9
$25,000.00
Lot
12
$25,000.00
Lot
13
$37,500.00
Lot
16
$10,250.00
Lot
17
$10,250.00
Lot
18
$10,250.00
Lot
19
$10,250.00
Lot
20
$10,250.00
Lot
21
$25,000.00
SECTION IV. That the City shall received sealed bid
proposals to purchase all of the City owned lots in the
Buffalo Head Addition No. 92 or individual lots,
addressed to the City Clerk of the Council, to be
opened by the City Manager at an open administrative
meeting commencing at 12:00 Noon on the 27th day of
November, 1990.
SECTION V. 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 VI. That prospective purchasers of said
property shall, as a condition of bidding said
property, submit to the City Clerk of the Council with
its proposal, cash, certified check , or bank money
order in the amount of not less than five (5) percent
of the amount bid in earnest money. The earnest money,
herein required. shall assure that the nrosnective
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SECTION VIII. The City shall require the successful
prospective purchaser to bid at least ninety (90) per
cent of the established fair market value.
SECTION IX. Should the City fail to receive any bids
for the property, or should the bids received not be at
least ninety (90) per cent 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 X. 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 XI. 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 whch 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 5th DAY OF November 1990.
Zia
Dougla Rauthe, Mayor
ATTES
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Amy H. Robertson
City Clerk -Treasurer
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