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Home My Public Portal AboutOrd. 13-10No. - 10 of fh$ Councilman Presents the following Ordinance Seconded by Councilman AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF CERTAIN REAL PROPERTY WITHIN THE BOROUGH OF CARTERET WHEREAS, the Ivlayor and Council of the Borough of Carteret ( "Borough ") has determined that a need exists to acquire the following identified parcels of real property to be used in furtherance of the Borough's Flood Control Project in and about the Noe Street area following the flooding ravages wrought by Superstorm Sandy, and such other public purposes as are authorized by law: STREET ADDRESS BLOCKILOT 17 Noe Street Block 5801; Lot 6 19 Noe Street Block. 5801; Lot 7 Emerson Street Block 5801; Lots 8.01 & 8.02 WHEREAS, the Goveming 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, NJ.S.A. 40A:12 -1 el seg. ( "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: NO. 13 -10 PAGE 2 Of 2 SECTION I. The acquisition of that any and all 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 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 die methods set forth in Section I of this ordinance. USE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B, COUNCILMAN YES NO NV A.B. BULINO x KKM X DIAZ X [QA= v X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto Adopted on.first rear c' ding of the Coun o the Borough of Carteret, NJ., nn hoist 1 2013 Adopted on second mgafter ad on September 5; 2013 APPROVBD - MAYOR � ON `..._. MUNICIPALCL R 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: August 7, 2013 Notary Public of New Jersey LINDA A, RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2 Kathleen M. Barney JMMC Municipal Clerk Sworn and subscribed before me this day of 1.3 rt �I:st9Cd�Gtd:�,lfi,Gi ROMANCE #13.10 eNCE TO AUTHORIZE THE N OF CERTAIN REAL WITHIN THE BOROUGH OF - g Ordinance was irtrod,cod at f the Councl d the Borough d ' J AL4ust 1 2013 when it was First Rea�g. The said ordi- e f.,th., Corsside,ed m Second final Adoption at a meeting of d the Borough of Carteret m z, 2013 at app,.,S.tely 6 OD nmial Mi iaoal Buldire. 61 ($11.96( - 814034 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: Septe 10, 2013 Notary Public of New Jersey LINDA A. RIVERA NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MAY 2, 20 Sworn and subscribed before une this QW,, day of Kathleen M. Barney, MMC (" Municipal Clerk I OFF CERTAIN 3 'KATHLEEN M, eARN EY, MMC: ($13.26) Municipal Clerk '.843681.