Title
AN ORDINANCE AUTHORIZING THE PRIVATE SALE AND CONVEYANCE OF CERTAIN CITY-OWNED PROPERTIES TO THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY FOR NOMINAL CONSIDERATION PURSUANT TO THE PROVISIONS OF N.J.S.A. 40A:12-13(b)(1), TO FACILITATE THE DEVELOPMENT AND CONSTRUCTION OF THE NEW UNIVERSITY HIGH SCHOOL.
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WHEREAS, the City of Newark (the "City") is the owner of the properties located at 27-29 Dewey Street and 26 Hobson Street, Newark, New Jersey and identified on the official tax map of the City as Block 3059, Lot 19, and Block 3059, Lot 33 (collectively, the "Properties"), subject to existing easements, which are not needed for public use; and
WHEREAS, pursuant to the Educational Facilities Construction and Financing Act, N.J.S.A. 52:18A-235 et seq., the New Jersey Schools Development Authority (“NJSDA”) is responsible for the undertaking of school facilities projects in NJSDA Districts, including the Newark Public School District, and is authorized pursuant to N.J.S.A. 52:18A-238, to acquire lands determined to be reasonably necessary for a school facilities project; and
WHEREAS, the NJSDA and the Newark Public Schools are undertaking the development and construction of the New University High School, consisting of a new three-story school facility serving students in grades nine (9) through twelve (12), to be constructed upon an approximately five-acre site consisting of multiples lots in the South Ward of the City of Newark(“Project”) located in the vicinity of the Properties;
WHEREAS, NJSDA has indicated that the Properties are necessary for the development of recreational facilities for use in connection with the Project; and
WHEREAS, pursuant to N.J.S.A. 40A:12-13(b)(1), a municipality may, by ordinance, authorize the private sale and conveyance of municipal property not needed for municipal use to any political subdivision, agency, department, commission, board or body corporate and politic of the State of New Jersey or to any interstate agency or body of which the State of New Jersey is a member or to the United States of America or any department or agency thereof; and
WHEREAS, the NJSDA is a public body corporate and politic and an instrumentality of the State of New Jersey, established pursuant to N.J.S.A. 52:18A-236 et seq., with the power to, inter alia, acquire any lands that it may determine are reasonably necessary for any school facilities project; and
WHEREAS, the conveyance of the Properties to the NJSDA for incorporation into the Project site will further an important educational and public purpose for the benefit of the Newark Public School District, its students and the residents of the City of Newark; and
WHEREAS, the City desires to convey the Properties to NJSDA, by private sale, in the amount of One Dollar and Zero Cents ($1.00), pursuant to the New Jersey Schools Development Authority School Facilities Agreement for Purchase of Real Property (“Agreement”), in the form attached hereto as Exhibit A; and
WHEREAS, the Newark Municipal Council finds that the proposed conveyance of the Properties to facilitate the New University High School is in the best interest of the City and serves important municipal, public and educational purposes to the residents of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
SECTION 1. The recitals set forth above are incorporated herein as if set forth at length.
SECTION 2. The Newark Municipal Council hereby determines that the City of Newark (“City”) owned properties located at 27-29 Dewey Street and 26 Hobson Street, Newark, New Jersey and identified on the official tax map of the City as Block 3059, Lot 19, and Block 3059, Lot 33 (collectively the “Properties”), are no longer needed for a public purpose by the City.
SECTION 3. The Properties shall be sold to the NJSDA by private sale for the nominal sale price of One Dollar ($1.00), pursuant to the provisions of N.J.S.A. 40A:12-13(b)(1).
SECTION 4. The Mayor and/or his designee, and the Deputy Mayor/Director of Economic and Housing Development are hereby authorized to enter into and execute, on behalf of the City, a School Facilities Agreement for Purchase of Real Property (the "Agreement") in the form attached hereto in Exhibit A, with respect to the Properties.
SECTION 5. The Mayor and/or his designee, and the Deputy Mayor/Director of Economic and Housing Development are hereby authorized to execute and deliver, a Quitclaim Deed, together with such other documents as may be necessary to consummate the sale of the Properties, subject to review and approval as to form and legality by the Corporation Counsel.
SECTION 6. The Director of Finance is hereby authorized to receive proceeds of the sale and to deposit same into the City's general fund.
SECTION 7. The Deputy Mayor/Director of Economic and Housing Development shall place copies of the executed Agreement and Deed together with any additional documents required to complete the sale of the Properties on file in the Office of the City Clerk.
SECTION 8. Any prior legislation authorizing or attempting to authorize the conveyance of the Properties is hereby rescinded.
SECTION 9. This Ordinance shall take effect upon final passage and publication according to the laws of the State of New Jersey.
STATEMENT
Ordinance authorizing the private sale and conveyance of City owned properties located at 27-29 Dewey Street and 26 Hobson Street, and identified on the Official Tax Map as Block 3059, Lots 19 and 33 to the New Jersey Schools Development Authority for nominal consideration in the amount of One Dollar and Zero Cents ($1.00), to facilitate the development and construction of the New University High School.