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6. Resolution 4200 - Intent to Sell PropertyRESOLUTION NO. 4200 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 as described in Exhibit "A" attached. WHEREAS, Section 7-8-4201, MCA, authorizes the City Council to sell, dispose of 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, the property is not held in trust by the City of Kalispell for a 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 of Kalispell and its inhabitants to sell said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION I. That it is the intention of the City Council of the City of Kalispell to sell certain real property described as Parcel C of Tract 5DL in the SW 1/4 of the NW 1/4 of Section 18, Township 28 North, Range 21 West, Flathead County, Montana. SECTION II. That the City Council hereby establishes a fair market value of the approximate 1,651 square feet of said property to be the sum of Two Dollars a square foot. SECTION III. 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 12th day of April , 1995. 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. 1 SECTION V. 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. SECTION VI. The City shall require the successful prospective purchaser to bid at least ninety (90) percent of fair market value, established herein. SECTION VII. The City shall require the successful prospective purchaser to have the subject property surveyed and have said survey recorded in the office of the Flathead County Clerk and Recorder. SECTION VIII. The City shall require the successful prospective purchaser to pave or agree in writing to pave to City standards the full width of the adjacent alley (113.26' X 20'). SECTION IX. 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 appraised value, the City Council reserves the right to sell the property at private sale at an amount agreeable between the City and a purchaser which shall be in the best interests of the City of Kalispell and its inhabitants. SECTION X. The Clerk of Council and City Attorney are hereby authorized to advertise the sale of the property through legal notice. Legal notices of the sale shall be published at least three times on successive weeks in the Daily Inter Lake. SECTION XI. The City Council hereby reserves the right to reject any and all proposals, to determine whether any or all proposals submitted support the public interest, 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. 2 PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF KALISPELL, THIS DAY OF MARCH, 1995. Attest: Debbie Gifford, CMC Clerk of Council 3 Douglas D. Rauthe - Mayor EXHIBIT "A" A tract of land in Lot 2 of Section 18, Township 28 North, Range 21 West, M.P.M., Flathead County, Montana, described as follows: Beginning at a Point 520 feet South 76 ° 11 feet West of and 115.9 feet North 13` 49 feet West of the Southwest corner of Block 14 of the Western addition to the City of Kalispell, Montana, thence Northwesterly on and along the Easterly boundary line of the tract of land described in Book 417, Page 208 records of Flathead County, Montana to the Southerly boundary line, or extension thereof, of the tract of land described in Book 353, Page 174 records of Flathead County, Montana, thence Southwesterly on and along the extension of the Southerly Boundary line of the tract of land described in Book 353, Page 174 to a point on the Easterly boundary line of Meridian Road, the Southerly on and along the Easterly boundary line of Meridian Road to the Southwest corner of the tract of land described in Book 417, Page 208, thence Northeasterly on and along the Southerly boundary line of the tract of land described in Book 417, Page 208, to the point of beginning.