Resolution 5710 - Interest in Real Property - Old School StationRESOLUTION NO.5710
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
TO ELECT, PURSUANT TO MCA 15-17-317, TO REQUEST THE FLATHEAD COUNTY
TREASURER TO ASSIGN ALL INTERESTS IN REAL PROPERTY DESCRIBED AS LOTS
3A, 4, 6, 8, 9 AND 15 OF OLD SCHOOL STATION ACCORDING TO THE PLAT AND
AMENDED PLATS OF RECORD IN THE OFFICE OF CLERK AND RECORDER OF
FLATHEAD COUNTY, MONTANA, TO THE CITY OF KALISPELL UPON ITS
PAYMENT OF ALL DELINQUENT TAXES AND COSTS OWING ON THE DESCRIBED
REAL PROPERTY TO THE FLATHEAD COUNTY TREASURER.
WHEREAS, on the 7`h of November, 2005, by Resolution No. 5074, the City of Kalispell created
Special Improvement District [SID] No. 344 for the purpose of financing the public
infrastructure to be constructed within Old School Station, a private development
designed to provide a campus to locate industrial and technology businesses to
further economic development within the City; and
WHEREAS, on the 19"' of June, 2006, by Resolution No. 5123, the City of Kalispell financed the
above described public infrastructure through a bond issuance secured by assessments
upon the real property benefitted by the infrastructure and by its Revolving Fund; and
WHEREAS, the assessments on SID No. 344 were not paid by the owner of the real property
described as Lots 3A, 4, 6, 8, 9 and 15 of Old School Station according to the plat
and amended plats of record in the Office of Clerk and Recorder of Flathead County,
Montana for the past five years and the City of Kalispell therefore made the
compulsory bond payments as they became due from its Bond Reserve and
Revolving Fund as required in the Bond Agreement; and
WHEREAS, the City's Bond Reserve and Revolving Fund have therefore now become depleted
and will not supply the necessary funds to make the next bond payments as they
become due in June 2015; and
WHEREAS, Flathead County has struck off the above described delinquent properties at a tax sale
pursuant to the terms of MCA 15-17-214 and the City now has the election pursuant
to MCA 15-17-317 to seek an assignment from Flathead County of all of the rights of
the County acquired in the property at the tax lien sale to the City upon payment of
the delinquent taxes, excluding assessments, and costs, without penalty or interest;
and
WHEREAS, it is the finding of the City Council that it would be in the best interests of its
taxpayers that the City acquire the delinquent properties from Flathead County,
pursuant to the terms of MCA 15-17-317 utilizing fund sources it has on hand to pay
the delinquencies and replenish its Bond Reserve and Revolving Fund as necessary
and to market and sell the properties to recoup its costs and support the economic
development of Old School Station and the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, AS FOLLOWS:
SECTION 1: The City of Kalispell hereby elects, pursuant to MCA 15-17-317, to request
the Flathead County Treasurer to assign all interests in real property
described as Lots 3A, 4, 6, 8, 9 and 15 of Old School Station according to
the plat and amended plats of record in the Office of Clerk and Recorder of
Flathead County, Montana, to the City of Kalispell upon its payment of all
delinquent taxes and costs owing on the described real property to the
Flathead County Treasurer; and
SECTION 2: The City Council hereby authorizes a loan of funds from City's General
Fund to the Community Development Account #2886-480-470210-795 in
the amount to pay the necessary delinquencies on the property set forth
herein and then to expense from that Community Development Account
those funds to make payment of all delinquent taxes and costs owing on the
described real property to the Flathead County Treasurer; and
SECTION 3: This Resolution shall take effect immediately upon its adoption by the City
Council, and signing by the Mayor thereof.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, MONTANA, ON THIS 6TH DAY OF APRIL, 2015.
ATTEST:
AlnJee Brunckhorst, CMC
City Clerk
AL =
1892
Mark Johns
Mayor