Niagara Gazette

Local News

December 18, 2012

Lew-Port lays out land sale requirements

(Continued)

Niagara Gazette — In addition to bargaining, the letter of intent also provides a better defined timeline for the process. It sets a frame for the town and the district to meet several contingencies, including the completion of a environmental quality review, completing financing and get approval.

Once the negotiations are finalized and an agreement is in place, a window of undetermined length – either 30 or 45 days – would be open to allow residents to force a referendum vote on the sale, even though it's not a requirement in the process, Holden said. To do so, petitions containing the signatures of 10 percent of the voters in the 2011 gubernatorial election in the school district would need to be filed, she said.

The final piece of the district's letter of intent would seek to put restrictions on land use after its sale, while also giving the school board rights to both review all plans prior to construction and first refusal should the town abandon the building or undeveloped land for any reason.

"If the town discontinues its use of the property, the district should get the first opportunity to acquire the land back," Holden said.

The sale of the land could be finalized and completed by April if the timeline is agreed upon.

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