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HomeMy Public PortalAboutOrd. 17-03Wzbunurt 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 9 on the Tax Map of the Borough, commonly known as 241 Pershing Avenue; 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 of 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) consummation of a purchase and sale contact which 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 the 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. 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. . PAGE 2 SECTION -I. 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 1 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. DO NOT USE SPACE AGLOW THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. BELLINO x JOHAL x DI9Z— X KRUM X _ DIMASCIO x NAPLES x X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto Adopted on first reading of the Council of the Bor��o6; a %jj / N.J., on Adopted on second reading after hearing ll �'iabrunr�3_201 APPROVED BY AYOR ON 3 tQ MUNICIPAL CLERK a 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: Kathleen M. Barney, MM C7� Municipal Clerk ORDINANCE #17 -3 Sworn and subscribe efore me this J 5t day of (6(t 21 j 7 CARMELA POGORZELSKI NOTARY PUBLIC OF NEW JERSEY My Commission Expires 9/27/201 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF CERTAIN REAL PROPERTY WITHIN THE BOROUGH OF CARTERET The foregoing ordinance was intro- duced at a meeting of the Council of the Borough of Carteret held Febru- ary 23, 2017 when it was adopted on first reading. The said ordinance will be further considered on sec- ond reading for final adoption at a meeting of said Council of the Borough of Carteret on March 9, 2017 at approximately 6:00 P.M., Borough Hall /Council Chambers, 61 Cooke Avenue, Carteret, New Jersey at which time and place all persons interested will be given an opportunity to be heard. Kathleen M. Barney, MMC Municipal Clerk 3/1/2017 $40.30 March 1, 2017 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 15, 2017 Kathleen M. Barney, MMC Municipal Clerk k Sworn and subscribed before me this _L5 �d ay of I j[j_rLL 26 1 CARMELA POGORZELSKI NOTARY PUBLIC OF NEW JERSEY k4v (: Expires 9/27/2017 ORDINANCE #17 -3 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF CERTAIN REAL PROPERTY WITHIN THE BOROUGH OF CARTERET APPROVED AND ADOPTED: MARCH 9, 2017 INTRODUCED: FEBRUARY 23, 2017 Advertised as Adopted on First Reading with notice of Public Hearing: MARCH 1, 2017 Hearing Held: MARCH 9, 2017 i Approved By: MAYOR DANIEL J. REIMAN Advertised as Finally Adopted: MARCH 15, 2017 KATHLEEN M. BARNEY, MMC Municipal Clerk 3/15/2017 S31.00 nary rumic-oz ,-r�ewwjersey