HomeMy Public PortalAboutOrd. 13-11No. 13y11 .� fhlQ
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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 Mayor and Council of the Borough of Carteret ( "Borough ") has determined
that a need exists to acquire the following identified parcel of real property for use as facilities
for the Carteret Office of Emergency Management, and such other public purposes as are
authorized by law:
STREET ADDRESS BLOCK/LOT
315 Pershing Avenue Block 5805; Lot 18
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.LS.A. 40A:12 -1
at 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 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 d
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 d 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.
NO. 12 -11
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 ffie 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 1 of this ordinance.
PAGE O 22
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
NV
A.B.
COUNCILMAN
M
NO
1
DIAZ
[�i4PIFS
DT W
STPARZ
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 AwUSt 15 213
Adopted on second r 'gate ear' on Se12t?mhar 9 , 2W 3
-
APPROVED BY
C MAYOR
ON �' -� �
hfUNI PAL CL RK
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:
September 10, 2013
.�7
Notary Public of New Jersey
LINDA A. RIVERA
NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES MAY 2
Sworn and subscribed before
ine this1 day of w
/
,-9'u / e3 ,
`Kathleen M. Barney, MMC
Municipal Clerk
BOROUGH OF CARTERET
LUl3
.2013
t
Ef210�20�3. .
($12.48)
843678
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m » #mcl,!
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 21, 2013
Notary Public of New Jersey Kathleen M. Barn e , MC
LINDA A, RIVERA Municipal Clerk
NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES MAY 2, 2016
Sworn and subscribed before
me this (+,, day of i�