F2. Resolution 5717 - Old School Station LotsCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
TO: Doug Russell, City Managed
FROM: Charles Harball, City Attorney
Tel 406.758.7709
Fax 406.758.7771
charball@kalispell.com
SUBJECT: Resolution No. 5717 — Resolution to Retain and Sell Six Parcels
of Old School Station
MEETING DATE: May 4, 2015 — Regular Council Meeting
BACKGROUND: On April 6th, by means of Resolution No. 5710, the City Council
elected to take assignment from Flathead County of its tax lien on six parcels of Old
School Station by paying the past due taxes and assessments. This has been
accomplished and litigation guarantees were ordered and prepared for the City on the
parcels.
On April 20, 2015, Resolution No. 5712 Council stated its intention to retain and sell the
properties and set the concluding date and time of the period of redemption for May 4,
2015. This notice was published and also mailed to all parties of interest identified in
the litigation guarantee. Those parties have thus far not elected to reimburse the City
for the funds it expended in taking the assignment and of paying to the County all
penalties and interest that has accrued upon the parcels. If such redemption is not made
the City may elect to retain and sell the subject parcels.
The public hearing is set for May 4, 2015 at 7:00pm. The Council will hear public
comment about the matter and may receive evidence whether or not to retain and sell
the properties. Upon considering the evidence and all other matters of record the
Council may pass Resolution No. 5717 and title to the properties would then be vested in
the City.
RECOMMENDATION: It is recommended that the City Council pass Resolution No.
5717.
Respectfully submitted,
Charles Harball, dty Attorney
RESOLUTION NO.5717
A RESOLUTION TO RETAIN AND SELL, PURSUANT TO MCA 7-8-2501, 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,
AND TO CLASSIFY SUCH REAL PROPERTY FOR RETENTION OR DISPOSAL IN
ACCORDANCE WITH SUCH CRITERIA SO THAT THE PROPERTY SHALL BE USED
FOR PURPOSES THAT ARE IN THE BEST INTERESTS OF THE CITY.
WHEREAS, Flathead County, pursuant to the terms of MCA 15-17-214, obtained a tax lien and
struck off certain 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 failure to pay taxes and assessments; and
WHEREAS, the City of Kalispell elected by Resolution No. 5710 and pursuant to MCA 15-17-
317, to pay the delinquent taxes and SID assessments to the County and take
assignment of all of the rights acquired by the County by means of the tax lien sale;
and
WHEREAS, the Kalispell City Council passed Resolution No. 5712 stating its intent, pursuant to
MCA 7-8-2301, to retain and sell the above described property, fixed the concluding
date and time of the redemption period as May 4, 2015 at 7:00pm, setting a public
hearing for that date and time and gave due and proper notice therefore by mailing
and publication pursuant to all applicable state law; and
WHEREAS, after giving due and proper notice to all interested parties identified in its litigation
guarantee, no interested party has notified the City of Kalispell or Flathead County of
its intent to redeem any of the properties; and
WHEREAS, the time period for redemption of the real property has expired; and
WHEREAS, the Kalispell City Council heard all public comment at the time and place noticed for
the public hearing and fully considered any and all evidence provided; and
WHEREAS, the Kalispell City Council finds, based upon all information and evidence in the
record that it is in the best interests of the City of Kalispell to retain and sell the real
property that is the subject of this resolution for the original purpose of private
development of industrial and technological business.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA, AS FOLLOWS:
SECTION 1: The City of Kalispell, upon expiration of the redemption period allowed for
interested parties of record, hereby elects to retain and sell 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.
SECTION 2: It is the intent of the City Council that the subject properties be privately
developed for industrial and technological use and that therefore the land
use designations, the benefits and obligations of the tax increment financing
districts and the special improvement district shall continue to apply to the
subject properties as before.
SECTION 3: The City Clerk is hereby directed to cause a certified copy of this resolution
and such other documentation as is necessary to reflect the statutory
acquisition of the subject property to be recorded with the Flathead County
Clerk and Recorder.
SECTION 4: 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 4TH DAY OF MAY, 2015.
Mark Johnson
Mayor
ATTEST:
Aimee Brunckhorst, CMC
City Clerk