Resolution 4154 - Resolution of Intent - Property Sale - 3rd St W & MainRESOLUTION NO. 4154
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, to -wit: Lots 8, 9, 10, it and 12, Block 55,
Kalispell Original Townsite, and
WHEREAS, Section 7-8-4201, Montana Code Annotated, 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 loth 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, pursuant to Ordinance No. 1065, the City of Kalispell
purchased the above described property for the purpose of providing
off-street parking facilities in the Downtown Redevelopment Area,
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, further, the proceeds generated by the sale of said
property may be used for the purpose of acquiring additional off-
street parking within the Downtown Redevelopment Area, and
WHEREAS, the property described above is under utilized in its
current use as a parking lot, 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
WHEREAS, at the regularly scheduled meeting of the City
Council on the 20th day of June, 1994 it was determined by vote of
the City Council that the fair market value for said property was
the sum of One Hundred and Sixty Thousand Dollars ($160,000).
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 8, 9, 10, 11 and 12, Block 55, 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 Il. That the City Council of the City of
Kalispell hereby establishes the fair market value of
said real property to be the sum of One Hundred and Sixty
Thousand Dollars ($160,000).
SECTION III. That the City Council in determining the
fair market value for the purpose of said 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 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
or 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 13th day of July, 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 to
demonstrate to the City Council their ability to comply
with the Downtown Redevelopment Plan and the financial
ability to purchase the property. ■
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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 prospective 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 20th DAY OF June , 1994.
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DouglasQD. Rauthe, Mayor
ATTEST:
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Amy H. 96bertson
Finance Director
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