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THE CITY OF BILLINGS: BY: HARLES F. TOO Y, MAYOR a* Pro Tent al Ma absence tile Mayor ATTEST: `7Y1cm.;277 2 Nets-eel RESOLUTION 05 -18231 A RESOLUTION PURSUANT TO BILLINGS, MONTANA CITY CODE, ARTICLE 22-900: SALE, DISPOSAL OR LEASE OF CITY PROPERTY, DESCRIBING THE PROPERTY TO BE DISPOSED OF AND AUTHORIZING CITY OFFICIALS TO PROCEED. WHEREAS, the City of Billings owns and desires to dispose of the public property on the 100 block of South 25 th Street; and WHEREAS, the location of the public property to be disposed of is more particularly described as follows: Lots 9-12, Block 142, Original Town, City of Billings, Yellowstone County, Montana, according to the official plat now on file and of record in the office of the Clerk and Recorder of Yellowstone County, Montana; and WHEREAS, the notice required by Section 22-902 of the Billings Montana City Code has been duly published and mailed; and WHEREAS, the public hearing required by Section 22-902 of the Billings Montana City Code was duly held on the 13 th day of December 2004 and continued on January 10, 2005; NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BILLINGS, MONTANA AS FOLLOWS: That the City staff is authorized to proceed with the transfer of lots 9-12, Block 142, Original Town, to Montana Rescue Mission (MRM) under the requirements of Section 22-902 of the Billings, Montana, City Code with the following special conditions which shall also be included as written deed restrictions upon transfer: that fee simple ownership of the property will automatically revert to the City of Billings if the MRM does not complete development and construction on the property for its Men Mission and Women's & Family Shelter by January 10, 2010; that MRM will not transfer ownership of the property to a third party during the period of completion of development and construction; and That after completion of development and construction MRM shall be required to obtain prior approval from the City Council if it desires to transfer any ownership or leasehold interest in the property to a third party. APPROVED AND PASSED by the City Council of the City of Billings, Montana this 10th day of January , 2005. MARITA HEROLD, CMC/AAE, CITY CLERK