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Home My Public Portal AboutOrd. 16-12(orbinaxtce No. 116 -122 of t4e �Oorvug4 of &r #Ere �. Councilman Presents the following Ordinance Seconded by Councilman AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF CERTAIN REAL PROPERTY WITHIN THE BOROUGH OF CARTERET WHEREAS, Lire 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 recreational and/or open space purposes, and such other public purposes as are authorized by law: Block 304, Lot 2.01 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.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 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 direct 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 directed to perform or carry out or cause to be perfomned 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 tine 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 16 -12 PAGE 2 SECTION 3. The Borough Attomey, 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 OF COUNCIL VOTE COUNCILMAN YES NO NV — A — B. COUNCILMAN YES NO NV p.g, B ELLINO x x x x x -- x PA7doptedonfirst om AB Absent NV Not Voting XOR - Indicates Vote to Overrule Veto of the Council of the Borough of Carteret, N.1 on I 'O@ 2 , 2016 - Adopted on second reading after hearing on `Jim 30 2016 APPROV D BY MAYOR ON Gti-c C[ 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 8, 2016 Kathleen M. Barney, 7 Municipal Clerk Sworn and Subscribed before Me this l�±day of4 L 6 /w CARMELA POGORZELSKI NOTARY PUOLIC OF NEW JERSEY My CO11 M10(m) Esp6es 912712017 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: July 8, 2016 ORDINANCE # 16 -12 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF CERTAIN REAL PROPERTY WITHIN THE BOROUGH OF CARTERET APPROVED AND ADOPTED: JUNE 30, 2016 INTRODUCED: JUNE 2,2016 Advertised as Adopted on First Reading with notice of Public Hear- ing: JUNE 8, 2016 Hearing Held: JUNE 30, 2016 Approved By: MAYOR DANIEL J. REIMAN Advertised as Finally Adopted: JULY 8, 2016 KATHLEEN M. BARNEY, MMC Municipal Clerk Friday, July 8, 2016 $32.55 Notary Public of New LINDA A. RIVERA NOTARY PUBLIC STATE OF NEW JERSEY MY COMMISSION EXPIRES MAY 2, 2021 Kathleen M. Barney, MMC Municipal Clerk Sworn and Subscribed before Me this2 ° day of �; e `6.