08. Resolution 4162 - Intent to Sell Tattoo Parlor LotRESOLUTION NO. 4162
A RESOLUTION OF INTENTION TO SELL LOTS 11 AND 12, BLOCK 47,
KALISPELL ORIGINAL, KALISPELL, FLATHEAD COUNTY MONTANA.
WHEREAS, the City of Kalispell, a municipal corporation,
owns certain real property, to -wit: Lots 11 and 12,
Block 47, Kalispell Original, Kalispell, Flathead
County, Montana, and
WHEREAS, Section 7-8-4201, MCA, 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, on the 17th day of June, 1991, pursuant to
Ordinance No. 1065, the City purchased the above
described property, as part of a redevelopment
project, 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, the property is under-utilized in its current use
as a parking lot, and
WHEREAS, the property is not held in trust by the City 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
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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 1st day of August, 1994, it was
determined by vote of the City Council that the
fair market value for said property was the sum of
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 11 and 12, Block 47, 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
SECTION III. That the City Council in determining the fair
market value for the purpose of said sale of said real
r property shall take into consideration and account, at the
time of sale, the uses provided for in the Downtown
Redevelopment Plan, the restrictions upon and the covenants,
conditions, and obligations assumed by the prospective
purchasers of said real property, the objectives of the
Downtown Redevelopment Plan for the prevention of the re-
occurrence of blight and the consistent application of the
Downtown Redevelopment Plan. The municipality shall consider
all redevelopment of rehabilitation proposals and the
financial and legal ability of persons making such proposals
to carry them out.
SECTION IV. That the City shall receive sealed bid proposals,
addressed to the Clerk of Council, for the purchase of
property from the City at an open administrative session on
the 29th day of August, 1994.
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
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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 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
Clerk of Council 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 prospective
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
fail to purchase the property, the City reserves the right to
consider and sell said property to the next highest prospec-
tive 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 Clerk of Council 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 XII. 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.
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PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL, THIS DAY OF AUGUST, 1994.
ATTEST:
Amy H. Robertson
Finance Director
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Douglas D. Rauthe - Mayor
NOTICE OF SALE OF CITY PROPERTY
NOTICE is hereby given that the City of Kalispell will receive
sealed proposals for the purchase of certain real property owned by
the City of Kalispell which is further described as follows, to -
wit:
Lots 11 and 12, Block 47, Kalispell Original Townsite,
Flathead County, Montana, according to the recorded plat
thereof on file and of record in the office of the Clerk
& Recorder, Flathead County, Montana.
Proposals shall be received by the Clerk of the City Council until
11:00 A.M. on the 29th day of August, 1994. All proposals will be
opened by the City Manager at an open administrative session
commencing at 11:30 A.M. on the 29th day of August, 1994, in the
Council Chambers of the City Hall, Kalispell, Montana.
The City Council of the City of Kalispell has declared that the
fair market value of said property is the sum of
($ ). The City shall require the
successful purchaser to bid at least ninety percent (90%) of the
fair market value.
The City Council in determining the fair market value for the
purpose of sale of said real property shall take into consideration
and account, at the time of sale, the uses provided for in the
Downtown Redevelopment Plan, the restrictions and covenants,
conditions and obligations assumed by the prospective purchasers of
said real property, the objectives of the Downtown Redevelopment
Plan for the prevention of the re -occurrence of blight, and the
consistent application of the Downtown Redevelopment Plan.
Prospective purchasers of said property should be prepared to show
and demonstrate their obligation to devote said real property 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
proposals 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.
The terms of said sale shall be cash within ten (10 ) days after
notice from the City to the prospective purchaser that the proposal
for the sale is acceptable to the City. Prospective purchasers of
said property shall as a condition of bidding said property, submit
to the City with their proposal, cash, certified check or bank
money order in an amount of not less than five percent (5%) of the
bid amount as earnest money. The earnest money, herein required,
shall assure that the prospective purchaser, whose proposal is
accepted, shall enter into, execute and perform according to his
proposal. Should the prospective purchaser fail or refuse to
purchase the property or to perform in accordance with his
proposal, he shall forfeit such earnest money to the City. The
earnest money of the unsuccessful prospective purchasers shall be
returned.
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 prospective purchaser.
Should the City fail to receive any bids for the property, or
should the bids received not be at least ninety percent (90%) 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 and its inhabitants.
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 informality and to
accept only the bid or proposal which may be deemed in the best
interest of the City of Kalispell.
An Offering Memorandum containing the specific requirements of the
City regarding the sale of said property has been prepared.
Prospective purchasers are encouraged to review the Offering
Memorandum in formulating their offer.
Any prospective purchaser wishing further information may obtain
the same from the Planning, Economic and Community Development
Department, City Hall, P. 0. Box 1997, Kalispell, Montana 59903-
1997.
Done by order of the City Council of the City of Kalispell,
Montana, in a regular meeting held the 20th day of June, 1994.
Clerk of Council
Publish: August 9, 1994
August 16, 1994
August 23, 1994