HomeMy Public PortalAboutOrd. 14-29No. 14 -29 of t4E
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Councilman Presents the following Ordinance Seconded by Councilman
CAPITAL IMPROVEMENT ACQUISITION ORDINANCE
WHEREAS, the Borough of Carteret has determined that a need exists to acquire the
following real property to include all capital improvements thereon to be used for public
parking, public access or utility easements, other roadway and streetscape. upgrades and
enhancements in furtherance of its neighborhood improvement efforts and for such other
public purposes as are authorized by law:
Block 301; Lots 3 and 4
Block 2701; Lots 8, 11 and 12
Block 6804; Lots 4, 5, 6 and 7
Block 6805; Lots 6, 7, 26, 27 and 28
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WHEREAS, the Governing Body has determined that said uses are 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 any and all of the aforementioned parcels of real
property and improvements 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, if necessary, (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 of providing public parking and
amenities in furtherance of the aforementioned neighborhood
revitalization project 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. 14 -29 PAGE___
SECTION 3. The Borough Attorney, and/or his designee, are authorized to negotiate
with any of the properties' owners, 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.
SECTION 5. All ordinances and/or parts of ordinances inconsistent herewith are
repealed to the extent of any such inconsistency.
SECTION 6. This ordinance shall take effect upon publication as provided by law.
DO NOT USE SPACE BELOW THIS LINE
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
NV
A.B.
COUNCILMAN
YES
NO
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X
MAX
X
NO ES
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MLSM
X
STLAW
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X - Indicate Vole AB-Absent NV No[ Voting XOR - Indicates Vote to Overrule Veto
Adopted on first reading of the Council of the Ito r It of Carteret, N.J., on
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18, 2014
Adopted on second mg after hearin on
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MUNICIPAL L
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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:
Dece mber 29, 2014
Notary Public of New Jersey Kathleen M. Barney, MMC
LINDA A. RIIVERA Municipal Clerk
NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES Mf Y 2, 20116
Sworn and subscribed before
me this,2,2* day of ,,�
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:
De cember 10, 2014
I'_4�
Notary Public of New Jersey
LINDA A. RIVERA
NOTARY PUBLIC OF NEW JERSEY
MY COMMISSION EXPIRES MAY 2, 2016
Sworn and subscribed before
me this J0 qnj /_ day of/ �
19 Y.
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Katlileen M. Barney, MMC U x
Municipal Clerk
BOROUGH OF CARTE
ORDINANCE #142
' CAPITAL I MP
ROVE M I
ACQUISITION ORDINP
KATHLEEN M. BARNEY, MM
Munl2al Clerk
( {16.28)