Title
Dept/ Agency: Economic and Housing Development
Action: ( X ) Ratifying (X) Authorizing ( X ) Amending
Type of Service: Declaring an Area in Need of Redevelopment
Purpose: Amending the Statement paragraph of Resolution 7R2-c, adopted on September 6, 2018, so that it states the designation of the Study Area as a “Condemnation Redevelopment Area” rather than a “Non-Condemnation Redevelopment Area”.
List of Property:
(Address/Block/Lot/Ward)
901-903 Bergen Street/Block 3592/Lots 35,36/South Ward
921-923 Bergen Street/Block 3593/Lots 19,20/South Ward
944-946 Bergen Street/Block 3654/Lot 13/South Ward
952-958 Bergen Street/Block 3654/Lots 5,6,7,8/South Ward
972-974 Bergen Street/Block 3655/Lots 5,6/South Ward
1000-1006 Bergen Street/Block 3657/Lots 3,5,6/South Ward
1024-1026 Bergen Street/Block 3658/Lots 3,4/South Ward
1068-1070 Bergen Street/Block 3659/Lots 6,7/South Ward
1046 Bergen Street/Block 3659/Lot 18/South Ward
1042-1044 Bergen Street/Block 3659/Lot 20/South Ward
1040 Bergen Street/Block 3659/Lot 21/South Ward
1036-1038 Bergen Street/Block 3659/Lots 22,23/South Ward
1067-1069 Bergen Street/Block 3660/Lots 6,7/South Ward
1061-1065 Bergen Street/Block 3660/Lots 8,9,10/South Ward
981-991 Bergen Street/Block 3665/Lots 1,2,3,4,5,6/South Ward
977-979 Bergen Street/Block 3665/Lots 7,8/South Ward
965 Bergen Street/Block 3666/Lot 6/South Ward
953 Bergen Street/Block 3667/Lot 4/South Ward
1083-1097 Bergen Street/Block 3696/Lot 28/South Ward
777 Bergen Street/Block 2711/Lot 2/South Ward
178 W. Runyon Street/Block 2711/Lot 53/South Ward
174-176 W. Runyon Street/Block 2711/Lot 54/South Ward
172 W. Runyon Street/Block 2711/Lot 56/South Ward
Additional Information:
Resolution 7R2-a(S) adopted on November 21, 2017, authorized and directed the Central Planning Board to conduct a preliminary investigation to ascertain whether the Newark Municipal Council should designate the Study Area as a Condemnation Redevelopment Area.
Resolution 7R2-c adopted on September 6, 2018 contained erroneous language in that the Statement indicated that the Study Area was being designated as a “Non-Condemnation Redevelopment Area”. This is inconsistent with the legally operative section of Resolution 7R2-c. The within Resolution amends the Statement of Resolution 7R2-c, so that it is in agreement with the legally operative section of Resolution 7R2-c, which designated the study area as a Condemnation Redevelopment Area in accordance with the relevant provisions of N.J.S.A. 40A:12A-1, et seq.
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WHEREAS, on September 6, 2018 the Municipal Council adopted Resolution 7R2-c which designated the property identified as: 901-903 Bergen Street, 921-923 Bergen Street, 944-946 Bergen Street, 952-958 Bergen Street, 972-974 Bergen Street, 1000-1006 Bergen Street, 1024-1026 Bergen Street, 1068-1070 Bergen Street, 1046 Bergen Street, 1042-1044 Bergen Street, 1040 Bergen Street, 1036-1038 Bergen Street, 1067-1069 Bergen Street, 1061-1065 Bergen Street, 981-991 Bergen Street, 977-979 Bergen Street, 965 Bergen Street, 953 Bergen Street, 1083-1097 Bergen Street, 777 Bergen Street, 178 W. Runyon Street, 174-176 W. Runyon Street, 172 W. Runyon Street (Block 3592, Lots 35, 36; Block 3593, Lots 19,20; Block 3654, Lots 13, 5, 6, 7, 8; Block 3655, Lots 5, 6; Block 3657, Lots 3, 5, 6; Block 3658. Lots 3, 4; Block 3659, Lots 6, 7, 18, 20, 21, 22, 23; Block 3660, Lots 6, 7, 8, 9, 10; Block 3665, Lots 1, 2, 3, 4, 5, 6, 7, 8; Block 3666, Lot 6; Block 3667, Lot 4; Block 3696, Lot 28 and Block 2711, Lots 2, 53, 54, 56) or any portions thereof ("Study Area") as a “Condemnation Redevelopment Area”; and
WHEREAS, Resolution 7R2-c September 6, 2018, contained a typographical error in the Statement, and the Municipal Council desires to correct the Statement in Resolution 7R2-c so that it states the designation of the Study Area as a “Condemnation Redevelopment Area” rather than a “Non-Condemnation Redevelopment Area” so that it is in agreement with the legally operative section of Resolution 7R2-c, which designated the study area as a Condemnation Redevelopment Area in accordance with the relevant provisions of N.J.S.A. 40A:12A-1, et seq.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. Resolution 7R2-c, adopted on September 6, 2018, is hereby amended to strike the language in the statement paragraph stating “Non-Condemnation Redevelopment Area” and replace it with the language stating “Condemnation Redevelopment Area” so that it is in agreement with the legally operative section of Resolution 7R2-c, which designated the study area as a Condemnation Redevelopment Area in accordance with the relevant provisions of N.J.S.A. 40A:12A-1, et seq.”
2. All other parts of Resolution 7R2-c, adopted on September 6, 2018, shall remain the same.
3. The amendment to Resolution 7R2-c is ratified from September 6, 2018 until the date of adoption of this amending resolution.
4. The designation of the Study Area as a “Condemnation Redevelopment” Area shall authorize the City to exercise the power of eminent domain to acquire any property in the Study Area.
5. The City Clerk is hereby directed to transmit a copy of this amending Resolution to the Commissioner of New Jersey Department of Community Affairs for review, in accordance with N.J.S.A. 40A:12A-6(b)(5)(c).
6. Within ten (10) days of the Municipal Council's adoption of the within amending Resolution, the Department of Economic and Housing Development of the City of Newark shall serve notice of this amending Resolution upon all record owners of property within the “Condemnation Redevelopment Area”, those whose names are listed on the Tax Assessor's records, and upon each person who filed a written objection thereto and stated, in or upon the written submission, an address to which notice of the determination and this amending Resolution may be sent and upon the Commissioner of the New Jersey Department of Community Affairs.
STATEMENT
This resolution ratifies and authorizes an amendment to Resolution 7R2-c, adopted on September 6, 2018, to strike the language in the statement paragraph stating “Non-Condemnation Redevelopment Area” and replace it with the language stating “Condemnation Redevelopment Area” so that it is in agreement with the legally operative section of Resolution 7R2-c, which designated the study area as a Condemnation Redevelopment Area in accordance with the relevant provisions of N.J.S.A. 40A:12A-1, et seq. All other parts of Resolution 7R2-c, adopted on September 6, 2018, shall remain the same.