Resolution 4162 - Resolution of Intent - Sale of Lots 11 and 126MI•
RESOLUTION NO. 416
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 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, 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
M" eI or•t i r%n in nraAr to authorize its sale, and
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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
Fifty-six Thousand Dollars ($56,000).
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 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 Fifty-six Thousand Dollars ($56,000).
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 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
i purchaser's obligation to begin within a reasonable time
imurovements on said real nroDerty in accordance with the
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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 i
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PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL, THIS 1st DAY OF AUGUST, 1994.
? ,U,
Dougla D. Rauthe - Mayor
ATTEST:
Affy' H. obertson
Finance Director
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