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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 �,�✓''- - ,r r p >.tnuinTA��o� OULGHCr CARTER ET tr; .tip i OULGHCr CARTER ET 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