HomeMy Public PortalAboutOrd. 16-09OrMrianice
No. 16 -9 of 14I
Llrviug of (Garler d,
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 fee interest in the following identified parcel of
real property for municipal stormwater management and flood protection, open space,
and/or such other public purposes as are authorized by law:
Block 6411, Lot 8 on the Tax iVlap of the Borough, commonly known
as 243 Pershing Avenue;
WHEREAS, time 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.J.S.A.
40A:12 -1 et seq. ( " LLBL "), empowers municipalities to acquire real property, or an
interest therein, by direct negotiation leading to the purchase of said property or interest
therein, 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 fee acquisition of any and all of the aforementioned parcel(s) of real
property by any of the following methods, (i) consunmmation of a
purchase and sale contact mvhich is the product of direct negotiations with
the owners of such property, (ii) by a gift, grant, or contribution by any
owner of such property, or (iii) by condemnation of any such property
and/or respective interest therein 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
time value of the property, the location and quality of the property 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. 16 -9
PAGE 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 property, and/or respective interest therein, by any of the methods set
forth in Section I of this ordinance.
SECTION 5. If any part of this Ordinance shall be deemed invalid, such part shall be
severed and the invalidity thereby shall not affect the remaining parts of
this Ordinance.
SECTION 6. This Ordinance shall take effect in accordance with applicable law.
RECORD OF COUNCIL VOTE
COUNCILMAN
YES
NO
NV
A.B.
COUNC7LMAN
YES
NO
NV
A.B.
BE
X
Kul
D
D
X - lndicate Vote AR-Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto
Adopted on first reading of the Council of the Borough of Cartcre N :., an Much 24 n6
Adopted on second reading after hearing on -.7
APPROVED I
MUNICIPAL CL ERR
0
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:
March 31, 2016
.. ,���' ✓l ��/ i 4 V `s" t✓' 4.. - I / �. C `q^°' ' Ll ! f / a f d �'l �/ d. d,
Notary Public of New Jersey Kathleen M. Barney, MVIC
Municipal Clerk
'Wmm ad aixr ribEd bef
rm dAS " d day of M -1, tic/) t t;
LINDA A, RIVERA
NOTARY P IRI, 10 OF NEW JERSEY
MY COMMISSIG'N UPIRES MAY 2 2016
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:
April 20, 2016
Notary Public of New Kathleen M. Barney, M1V�
LINDA A. RIVERA Municipal Clerk
NOTARY PURI..IC OF NEW JERSEY
MY COMMISSION FXPIRES MAY Z 2016
Sworn and Subscribed before
Me this ° L day of