HomeMy Public PortalAboutOrd. 13-14No. 13 -14_ .af the,
plaro 4 Izf gartud, N, J
Councilman Presems ale 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 parcels of real property
for future flood protection purposes, and such other public purposes as are authorized by
law:
STREET ADDRESS BLOCK/LOTS
Bergen Street Block 7304, Lot 1, 2, 3
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 Bufldings 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 that 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 condernrlation
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.
NO 13 -14
PACE 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 1 of this
ordinance.
RECORD OR COUNCIL VOTE
COUNCILMAN
YES
NO
NV
A.B.
COUNCILMAN
YES
NO
NV
I A.B.
BELLINO
X
KRUM
X
DIAZ -
-
.NAPLES
,
DIMASCIO
X
SITARZ
IX
X - Indicate Vole AB - Absent
NV: Not Voting XOR - Indicates Vote to Overrule Vern
Adopted on first reading of (lie Council of the Borough or Carteret, N.m., on SEPTE 5, 2013
Adopted oil second reading aflerliaaring oi DECEMBER 19, 2013
A
F'"�`nr »ens
APPROVED BY'.
ON PZ'23 •Py _ h1AY R
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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 11, 2013
Notary Public,�gfMil..•ey
NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES MAY 2
Sworn and subscribed before
me this �j day of y 1�
i3
_ LG G'���`�s > � �. �� `P„� ° �,,,x...-°.�.
Kathleen M. Barney, MMC
Municipal Cleric
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 30, 2013
otary Public of New Jerse
LINDA A. RIVED
NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES MAY 2, 2016
Sworn and subscribed before
me this �� day o a �
Kathleen M. Barney, MM
Municipal Clerk
C MMC
947669
BQiOMOFUR1EREf
O RM40FURTERET
ROMANCE 813 -14
INCE TO AUTHORIZE THE
N OF CERTAIN REAL
WITHIN THE BOROUGH OF
MMC
947669