[HISTORY: Adopted by the Board of Commissioners of the City
of Millville 6-15-1999 by Ord. No. 25-1999. Amendments noted
where applicable.]
WHEREAS, the City of Millville (the "City") owns and operates
the Millville Municipal airport, together with certain facilities,
property and equipment related thereto ("airport"), located upon premises
known as Block 125, Lots 2, 5, 12, 17 on the City of Millville Tax
Map; and
WHEREAS, the City wishes to cease its operation of the airport
and therefore desires (i) to enter into a lease with the Delaware
River and Bay Authority ("DRBA") of the premises comprising the airport,
(ii) to dispose of all of its right, title and interest in certain
personal property and equipment owned by it and used in conjunction
with operation of the airport, and (iii) to grant certain rights in
other assets of the City associated with the operation of the airport
to the DRBA; and
WHEREAS, the DRBA desires (i) to enter into a contemplated lease
of the premises comprising the airport, (ii) to purchase all of the
City's right, title and interest in that certain personal property
and equipment owned by it and used in conjunction with the airport,
(iii) to acquire other rights of the City in those other assets associated
with operation of the airport, and (iv) to thereafter operate, maintain
and develop the airport until the termination of said lease; and
WHEREAS, representatives of the City and the DRBA have entered
into negotiations for these purposes in order to reach such agreement,
and the terms and conditions of such agreement are set forth in the
Acquisition Agreement and Ground Lease which are on file in the office
of the City Clerk; and
WHEREAS, the City has determined that the undertakings contemplated
by the Acquisition Agreement and the Ground Lease are in the best
interest of the City because they will, among other things (i) reimburse
the City for certain prior capital expenditures in connection with
the airport, (ii) relieve the City of ongoing airport operating and
capital expenses, (iii) relieve the City of the need for future capital
expenditures necessary to maintain the airport, (iv) ensure the continued
operation and development of the airport, and (v) provide that any
net revenues from the operation of the airport be dedicated to economic
development initiatives and/or improvements at the airport for the
benefit of the residents and taxpayers of the City; and
WHEREAS, the City has determined that the DRBA possesses the
administrative expertise, financing capabilities and other resources
to manage, supervise, strengthen and develop the economic potential
of the airport, and that the DRBA is authorized to enter into this
lease and to engage in such undertakings pursuant to its Compact (Public
Law 87-678, 87th Congress, Public Law 101-565, 101st Congress) and
certain companion statutes, including New Jersey Law 1989, c. 191;
and
WHEREAS, the City has determined that the real property comprising
the airport is no longer needed for its public use and that the lease
of such real property to the DRBA may be undertaken by the City pursuant
to New Jersey Law 1971, c. 199, as amended; and
WHEREAS, the City has determined that the personal property
and equipment owned by it and used in conjunction with the airport
to be conveyed hereunder is no longer needed for its public use and
that such conveyance may be undertaken pursuant to New Jersey Law
1971, c. 198.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS
OF THE CITY OF MILLVILLE:
The above prefatory paragraphs of this ordinance are incorporated
herein and made a part hereof.
The Mayor and City Clerk are hereby authorized to execute the
Acquisition Agreement and Ground Lease in accordance with the terms
contained therein, together with such other instruments as may be
necessary or desirable to effectuate the purpose thereof.
The Mayor and those other representatives of the City as may
be designated therefor are hereby authorized to engage in such additional
undertakings as may be deemed necessary and appropriate in order to
accomplish lease of the premises comprising the airport and the transfer
of the airport and its operations to the DRBA, including, but not
limited to, such undertakings as are specifically set forth in the
Acquisition Agreement and Ground Lease, with all deliberate speed
so that the residents and taxpayers of the City may obtain the benefits
to be derived therefrom.