HomeMy Public PortalAboutOrd. 15-13Orbix an"
No. 15-13 of toe
Porortg4 of &- trteret,
Councilman Presents the follo Ordinance Seconded by Councilman
AN ORDINANCE OF THE BOROUGH OF CARTERET
AUTHORIZING THE ERECTION AND DELIVERY OF A
FINANCIAL AGREEMENT BY AND BETWEEN THE BOROUGH
OF CARTERET AND HINDER MORGAN URBAN RENEWAL H,
LLC
WHEREAS, the Borough Council has adopted an ordinance approving and
adopting the Kinder Morgan Redevelopment Plan (tire "Redevelopment Plan") in
accordance with the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A -1 et
seq., as amended and supplemented (the "Redevelopment Law"); and
WHEREAS, the Redevelopment Plan relates to certain properties within the
Borough, specifically Block 9.03, Lots 14.02, 17.04, 18.02 and 18.03 and Block 10, Lot
3.03, or such other Block and Lot desia ration on the tax map of the Borough reflecting
the parcel immediately abutting, in the northwestern direction, both Lots 17.04 and 18.02
within Block 9.03 (collectively the "Redevelopment Area "); and
WHEREAS, Kinder Morgan Urban Renewal 1I, LLC (the "Redeveloper ")
intends to construct three (3), 100,000 barrel, above ground bio- diesel, ethanol and/or
Petroleum storage and distribution facilities with storage capacity of 100,000 barrels
each, including rail sidings and other related improvements (the "Project'), on certain
portions of the Redevelopment Area (the "Project Area "); and
WHEREAS, pursuant to and in accordance with the provisions of the Long Term
Tar Exemption Law, constituting Chapter 431 of the Pamphlet Laws of 1991 of the State,
and the acts amendatory thereof and supplement thereto (the "Long Term Tar Law", as
codified in N.J.S.A. 40A:20 -1 et serd.), the Borough is authorized to provide for tax
abatement within a redevelopment area and for payments in lieu of taxes; and
WHEREAS, the Redeveloper has submitted an application for the approval of an
urban renewal project, as such term is used in the Long Term Tax Law, all in accordance
With N.J.S.A. 40A:20 -8 (the "Exemption Application ", a copy of which is attached hereto
as Exhibit A ); and
WHEREAS, the Borough mid the Redeveloper have reached agreement with
respect to, among other things, the terms and conditions relating to the Annual Service
Charges and desire to execute the Financial Agreement.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Borough
Council of the Borough of Carteret, County of Middlesex, New Jersey, as follows:
Section 1. The Exemption Application is hereby accepted and approved.
NO. 15
PAGE 2
Section 2. The Financial Agreement is hereby authorized to be executed and
delivered on behalf of the Borough by either the Mayor, the Chief Financial Officer or
the D of Law in substantially the form attached hereto as Exhibit B with such
changes as the Mayor, Chief Financial Officer or Director of Law (each an "Authorized
Officer "), in their respective sole discretion, after consultation with such counsel and any
advisors to the Borough (collectively, the "Borough Consultants ") shall determine, such
determination to be conclusively evidenced by the execution of the Financial Agreement
by an Authorized Officer as determined hereunder. The Borough Clerk is hereby
authorized and d to attest to the execution of the Financial Agreement by an
Authorized Officer of the Borough as determined hereunder and to affix the corporate
seal of the Borough to the Financial Agreement.
Section 3. The Authorized Officers of the Borough are hereby further
severally authorized and d to (i) execute and deliver, and the Borough Clerk is
hereby further authorized and directed to attest to such execution and to affix the
corporate seal of the Borough to, any document, instrument or certificate deemed
necessary, desirable or convenient by the Authorized Officers or the Borough Clerk, as
applicable, in their respective sole discretion, after consultation with the Borough
Consultants, to be executed in connection with the execution and delivery of the
Financial Agreement and the consummation of the transactions contemplated thereby,
which determination shall be conclusively evidenced by the execution of each such
certificate or other document by the party authorized hereunder to execute such certificate
or other document, and (ii) perform such other actions as the Authorized Officers deem
necessary, desirable or convenient in tclation to the execution and delivery thereof.
Section 4. This ordinance shall take effect upon final passage and publication
as required by law.
Section 5. Upon final adoption hereof, the Borough Clerk shall fonvard
certified copies of this resolution to Matthew C. Karrenberg, Esq., DeCotus, Fitzpatrick
& Cole, LLP, Special Redevelopment Counsel to the Borough.
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
NV
A,B.
COUNCILMAN
YES
NO
NV
A.B.
BuYL1NJ
X
[Q2lM
X
D7AZ
,
DlMkcJ SO
X
g
X
X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote
to Overrule Veto
Adopted on first reading of the Council of the
Adopted on second reading after hearing on
orough of Carteret, N.1„ on My
Am 4 M5
4, 201
APPROVE
O N MAY R
Mnwrn. t rt o
u
EXHIBIT A
EXEMPTION APPLICATION
EXHIBIT B
FORM OF FINANCIAL AGREEMENT
AFFIDAVIT OF PUBLICATION
The following is a true copy of an Ordinance or Resolution of
the Borough of Carteret that has appeared in the Star Ledger,
a newspaper which is printed in Newark, New Jersey and
published in Essex County, of general circulation in said
county and state. One (1) time(s) once in each issue as follows:
May 20, 2015
Notary ublic of N s Kathleen M. Barney C
y �L`I�d�NVERA M nicipal Clerk y�
NOTARY P!'� " r NEW JERP
Sworn and ftNVMh0'dilbefo60 MAY 901
Me this, day of 12 :2
AFFIDAVIT OF PUBLICATION
The following is a true copy of an Ordinance or Resolution of
the Borough of Carteret that has appeared in the Star Ledger,
a newspaper which is printed in Newark, New Jersey and
published in Essex County, of general circulation in said
county and state. One (1) time(s) once in each issue as follows:
June 11, 2015
AN RLNLWAL 11, W-
as Adopted -'on`:
KATHLEEN M. BARNEY, MMC.
Municipal Clerk
6/11/2015 `$ .
P f
Notary Public gy Kathleen M. Barney, C
NOTARY PUBLIC OF NEW JERSEY Municipal Clerk
MY COMMISSION EXPIRES MAY 2, 2016
Sworn and Subscribed before
Me this ZLZIday of
/' '