FW: KGEZ TOWERS
________________________________
From: John Stokes [mailto:stokes@z600.com]
Sent: Monday, December 22, 2008 3:20 PM
To: citycouncil@kalispell.com
Subject: KGEZ TOWERS
To the city council,
I am hereby rejecting any proposal to discuss relocation. I am certainly
not going to locate in a sewer lagoon.
I have had discussions with some of my lenders and they are not going to
subordinate or relocate their secured interest.
Removing the KGEZ radio towers is a total take. KGEZ cannot operate
without broadcast towers, no TV or radio station can.
I find no authority under state or federal law that recognizes a FCC
engineer as a certified qualified MAI real estate appraiser. Their
opinion as to reconstructing a radio station and broadcast towers means
nothing and can’t even be used in the condemnation proceedings.
Don’t think for one second the next “litigation against KGEZ” is going
to solve your problems and you continue to set on the sidelines, “We can
wait him out.” (Fred Listiko, Flathead Beacon)
7-1-4137. Oath of office. (1) Every elected and appointed municipal
officer shall take the oath of office prescribed in Article III, section
3, of the Montana constitution. Before the officer performs any official
duties, the oath of office, certified by the official before whom the
oath was taken, must be filed. An elected officer shall file the oath
with the county election administrator. Except as provided in subsection
(2), an appointed officer shall file the oath with the city clerk.
(2) A person appointed to fill a vacancy in an elected municipal
office shall file the oath of office with the county election
administrator.
I have been informed by your Clerk of the Council, The appointed Airport
Manager, The Interim City Manager, and the City Attorney have not filed
an oath office as mandated by MCA 7-1-4137, and there are in fact
performing official duties on behalf the City of Kalispell, without the
mandated Oath of Office.
Further I will not any discussions with any official not lawfully in the
office or appointment.
Follow the State and Federal laws and I will sit down and negotiate.
The process is simple. 1. Order a preliminary Title report, to determine
ownership and encumbrances. 2. Select a qualified appraiser and review
appraiser. 3. Select a qualified land acquisition and relocation
consultant. 4. Make and present a written offer based on the opinion of
the appraiser.
You’d be surprised how fast your project will move and level of
cooperation if you simply follow the law.
John Stokes
KGEZ 600 AM
Z-600 The Edge
P.O.Box 923
Kalispell, Montana 59903
(406) 752-2600
stokes@z600.com
www.z600.com <http://www.z600.com/>
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