Title
Dept/ Agency: Economic and Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Public Real Estate Auction
Purpose: To sell City-owned real estate property not needed for public use.
Date of Auction: Thursday, August 27, 2020
Location of Auction: Realauction.com at 10:00 A.M. (EST)
Cost Basis: ( ) PSF ( ) Negotiated ( ) N/A (X) Other:
Contract Basis: ( ) Bid ( ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient (X) n/a
List of Property: Refer to Resolution, Exhibit A
Additional Information:
City-owned real estate properties listed, Exhibit A.
Standard Conditions of Sale, Exhibit B.
Fifty (50) properties to be considered for auction.
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WHEREAS, N.J.S.A. 40A:12-13(a) provides that a municipality may sell any real property with or without capital improvements, not needed for public use, by open public sale at auction to the highest bidder after advertisement thereof in a newspaper circulated in the municipality in which the lands are situated, by two (2) insertions at least once a week during two (2) consecutive weeks, the last publication to be not earlier than seven (7) days prior to such sale; and
WHEREAS, N.J.S.A. 40A:12-13(a) further provides that the Municipal Council may fix a minimum bid price and may reserve its right to reject any and all bids with the reservation of the right to reject all bids where the highest bid is not accepted. Notice of such reservation to reject any and all bids shall be included in the advertisement of the sale and public notice thereof shall be given at the time of the sale; and
WHEREAS, N.J.S.A. 40A:12-13(a) also provides that the Municipal Council may impose restrictions on the use to be made of such real property and any conditions of sale as to buildings or structures, or as to type, size, or other specifications of buildings or structures to be constructed thereon, or as to demolition, repair, or reconstruction of buildings or structures, and the time within which such conditions shall be operative, or any other conditions of sale as it deems fair and appropriate, so long as such terms and conditions are included in the advertisement and are related to a lawful public purpose and encourage and promote fair and competitive bidding and are not inconsistent with or impose a special or higher standard than any zoning ordinance or building, plumbing, electrical, fire or similar code or ordinance in effect in the municipality; and
WHEREAS, the City-owned real estate properties listed on Exhibit A, attached hereto and made a part hereof, are not required for governmental purposes; and
WHEREAS, the Municipal Council desires to authorize the sale of said City-owned real estate properties listed on the attached Exhibit A, by open public auction on Thursday, August 27, 2020, pursuant to the conditions of sale enumerated in the attached Exhibit B, attached hereto and made a part hereof; and
WHEREAS, due to the current state of emergency limiting social gatherings, the City of Newark will hold a virtual public auction; and
WHEREAS, the virtual auction for the sale of said City-owned real estate properties listed on the attached Exhibit A shall be conducted by Realauction.com, LLC, 861 SW 78th Avenue, Suite 102, Plantation, Florida 33324.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. The City-owned real estate properties set forth in Exhibit A, attached hereto and made a part of the resolution, are no longer needed for public use and should be sold at open public auction in accordance with N.J.S.A. 40A:12-13(a).
2. The subject properties shall be offered for the minimum prices shown on the attached Exhibit A and shall be sold pursuant to the further express conditions of sale enumerated in the attached Exhibit B, attached hereto and made a part of the resolution.
3. The open public auction in accordance with N.J.S.A. 40A:12-13(a) shall be held virtually by Realauction.com, LLC, 861 SW 78th Avenue Suite 102, Plantation, Florida 33324.
4. The City of Newark shall make publication of the aforesaid Exhibits A and B in the manner provided for in N.J.S.A. 40A:12-13(a), along with the description of the City-owned properties and the terms and conditions aforesaid. Bids received at auction will be presented not later than at the second regular meeting of the Municipal Council, at which time they will be either accepted or rejected as provided by law.
STATEMENT
This resolution authorizes the sale of City-owned properties, not needed for public purposes, by open public sale at a virtual auction held by Realauction.com, LLC, 861 SW 78th Avenue, Suite 102, Plantation, Florida 33324 to the highest bidder, pursuant to N.J.S.A. 40A:12-13(a) on Thursday, August 27, 2020 at Realauction.com at 10:00 A.M. (EST)