HomeMy Public PortalAboutOrd. 12-17ON1'iZ
N ". 12 -17 o r l i11L
�OJOV31:1 0 of Curia ) �N- X-
Councilman Presents the following Ordinance Seconded by Councilman
11
AN ORDINANCE TO AUTHORIZE THE ACQUISITION
OF CERTAIN REAL PROPERTY WITHIN
THE BOROUGH OF CARTERET FOR FLOOD
CONTROL/MITIGATION PURPOSES
Wfi[EREAS, the Mayor and Council of the Borough of Carteret ( "Borough ") have
determined that a need exists to acquire the follo�'.5ng identified parcels of real property
for purposes of flood control and mitigation and such other public purposes as are
authorized by law:
BLOCK/LOT
Block 5801, Lot 3
Block 5801; Lot 4
Block 5801; Lot 5
Block 5801; Lot 6
Block 5801; Lot 7
Block 5801; Lot 8
Block 5801; Lot 8.02
Block 5801; Part of Lot 9
Block 7804; Lot 1
Block 7804; Lot 2
Block 7804; Lot 3
RTIEREAS, the Governing Body has determined that said use is for a public purpose
and will promote the general health and welfare of the commmrity; and
WHEREAS, Section 40A:12- 5(a)(1) of the Local Lands and Buildings Law, N.J.S.A.
40A:12 -1 et seq. CTLBL "), empowers municipalities to acquire real property by direct
negotiation leading to the purchase of said property, or by condemnation should that be
necessary, however, in the case of a municipality, such acquisition must be authorized by
duly adopted ordinance.
NOW THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Borough
of Carteret, as follows:
SECTION 1. The acquisition of any and all of the aforementioned parcels of real
Property within the Borough of Carteret by any of the following methods,
(i) consummation of a purchase and sale contact which is the product of
direct negotiations with the owners of such properties, (ii) by a gift, grant,
or contribution by any owner of such properties, or (iii) by condemnation
of any such property that is carried out pursuant to the Eminent Domain
Act is hereby authorized and directed for the purposes provided for
herein, and for such other municipal purposes as may be authorized by
law.
NO. 12 -17
PAGE-2-
SECTION 2. The Borough Attorney, and/or other special legal counsel, are hereby
authorized and directed to perform or carry out or cause to be performed
or carried out, any studies, surveys, tests, soundings, borings, appraisals,
title searches and title report reviews as reasonably necessary to determine
the value of any of the properties, the location and quality of any of the
properties and any environmental matters associated with any of the
properties and to undertake any action necessary or appropriate to acquire
the aforementioned real properties.
SECTION 3. The Borough Attorney, and/or other special legal counsel, are hereby
authorized to negotiate with the property's owner, and the Borough
Attorney, and/or other special legal counsel, are. authorized to file and
pursue any condemnation action, as necessary.
SECTION 4. The Mayor and Borough Clerk and such other officers as may be
necessary are hereby authorized to undertake any actions and execute and
deliver any paper, form, or document necessary or appropriate to acquire
said properties by any of the methods set forth in Section I of this
ordinance.
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
NV
A.B.
COUNCILMAN
YES
NO
NY
A.B.
BEII:IID
X
X
X
DIPASCIO
x
SITABZ.
x
X - Indicate Vote AB - Abscnt NV - Not Voting XOR - Indicates Vote to Overmie Veto
Adopted on Brsrreading of the Council of the Borough of Carteret, N.1., nn — Nbiyerbe 8, 2012
Adopted on second reading after hearing on December . 20 s 2012
APPROVED
( MAYOR
ON
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AFFIDAVIT OF PUBLICATION
The following is a true copy of an Ordinance or Resolution of the
Borough of Carteret that has appeared in the Home News Tribune, a
newspaper which is printed in Freehold, New Jersey and published
in Neptune, in said County and State and of general circulation in
said county. One 1 time(s), once in each issue as follows:
December 7, 2012
Notary Public of New Jersey
LINDA A. RIVERA
NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES MAY 2
Sworn and subscribed before
me day of r. ��
Kathleen M. Barney, MMC y
Municipal Clerk
AFFIDAVIT OF PUBLICATION
The following is a true copy of an Ordinance or Resolution of
the Borough of Carteret that has appeared in the Home News
Tribune, a newspaper which is printed in Freehold, New
Jersey and published in Neptune, in said County and State and
of general circulation in said county. One 1 time(s), once in
each issue as follows:
December 28, 2012
Notary Public of New Jersey
LINDA A. RIVERA
NOTARY PUBLIC OF NEW JERSEY
Swor MY gOMI �'r;l�e� d e � VIAY 2, 205
me this. day o
Kathleen M. Barney, MMC
Municipal Clerk