HomeMy Public PortalAboutOrd. 12-15No. 17 —I S of 141
Councilman Presents the following Ordinance Seconded by Councilman
AN ORDINANCE TO AUTHORIZE THE ACQUISITION
OF CERTAIN REAL PROPERTY WITHIN
THE BOROUGH OF CARTERET
R'HEREAS, the Mayor and Council of the Borough of Carteret (`Borough') has
determined that a need exists to acquire the following identified parcels of real property
for public parking and such other public purposes as are authorized by law:
BLOCK/LOT
1. Part of Block 304, Lot 2.01
(3.15 acres +( -)
2. Part of Block 6509, Lot 4
(25 x 200 ft)
WHEREAS, the Governing Body has determined that said use is for a public purpose
and will promote the general health and welfare of the community; and
WHEREAS, Section 40A:12- 5(a)(1) of the Local Lands and Buildings Law, N.J.S.A.
40A:12 -1 et seq. ( "LLBL "), 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 the aforementioned parcel 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.
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 mid any environmental matters associated with any of the
properties and to undertake any action necessary or appropriate to acquire
the aforementioned real properties.
NO. 12 -15
PAGE 2
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.
DO NOT USE SPACE BELOW THIS LINE
RECORD OF COUNCIL VOTE
COUNCILMAN
YES I
NO I
NY I
A.B.
COUNCILMAN I
YES I
NO
NY
A.B.
BE I IM
X
X
NAPI E
n'
DYASCM
X
S
X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto
Adopted on first reading of the Council of the Borough of Carteret, NJ., on (htri Pr 4 2C17
Adopted on second reading after hearing on 07 18, 2W9
APPROVED BY
rZISWAARTO
ON
- h1UNICIPALCLE K
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:
October 23, 2012
Notary Public of New Jersey
LINDA A, RIVERA
NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES MAY 2
Sworn and subscribed before
me this ? i day of
Kathleen M. Barney, M
Municipal Clerk