HomeMy Public PortalAboutOrd. 19-10wrbinanrt
No. 19 of tht
uro of Carteret,
Councilman Presents the following Ordinance Seconded by Councilman
AN ORDINANCE OF THE BOROUGH OF CARTERET AUTHORIZING THE
ACQUISITION OF A PORTION OF 100 MIDDLESEX AVENUE,
BLOCK 201, LOT 2 FOR THE PUBLIC PURPOSE OF
CONSTRUCTING MUNICIPAL PUBLIC PARKING
WHEREAS, pursuant to N.J.S.A. 40:48 -2, the Borough of Carteret (`Borough ") is
authorized to adopt an Ordinance for the preservation of public health, safety and
welfare; and,
WHEREAS, pursuant to N.J.S.A. 40A:12 -5 a municipality may acquire "any real
property ... [b]y purchase, gift, devise, lease, exchange, condemnation, or installment
purchase agreement"; and,
WHEREAS, pursuant to N.J.S.A. 40:60 -25.1, the Borough has the power to purchase or
acquire any real property for public parking through negotiated agreement or by the
exercise of its eminent domain powers; and
WHEREAS, the Borough has identified real property located at 100 Middlesex Avenue,
Carteret, New Jersey also designated as Block 201, Lot 2 on the official tax map of the
Borough ( "Property"), to be acquired for the public purpose of constructing municipal
public parking ( "Project "); and,
WHEREAS, the Borough has determined that it is necessary, beneficial and in the public
interest to acquire a fee simple interest in the Property for the public Project; and,
WHEREAS, the Borough wishes to negotiate for the acquisition of the Property and if
negotiated purchase cannot be effectuated, to initiate an eminent domain action to acquire
title to the Property pursuant to the Eminent Domain Act of 1971, N.J.S.A. 20:3 -1 et seq.;
NOW THEREFORE, BE IT ORDAINED AND ENACTED, by the Borough Council
of the Borough of Carteret, Middlesex County, New Jersey, as follows:
Section 1. The acquisition by negotiation and /or eminent domain of a portion
of 100 Middlesex Avenue, Block 201, Lot 2 is hereby authorized.
Section 2. The Mayor, the Chief Financial Officer and the Director of Law
are each hereby authorized to sign any document necessary to
effectuate the acquisition of such property.
Section 3. Any and all ordinance or resolutions of the Borough, or provision
thereof, inconsistent with the provisions of this Ordinance shall be
and are hereby repealed as to the extent of any such
inconsistencies.
Section 4. If any section, subsection, part, clause or phrase of this Ordinance
shall be declared invalid by judgment of any Court of competent
jurisdiction, such section, subsection, part, clause or phrase shall
be deemed to be severable from the remainder of this Ordinance,
as applicable.
NO. _19-10
I
PAGE L
Section 5. This Ordinance shall take effect upon final passage and publication
in accordance with applicable law.
Section 6. Upon the final adoption hereof, the Borough Clerk shall forward
certified copies of this Ordinance to Matthew C. Karrenberg, Esq.,
DeCotiis, FitzPatrick, Cole & Giblin, LLP. Special Counsel to the
Borough.
DO NOT USE SPACE BELOW TBIS LINE
RECORD OF COUNCIL VOTE
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Adopted on first reading of the Council of the Borough of Carteret. N.J., on _ ]]_ 1, 9m
Adopted on second reading after hearin , r 18 2M
j APPRO ED Y
i I
NI
AYOR
�� MUNICIPAL CLERK
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:
July 9, 2019 ��
Kathleen M. Barney, MM
Municipal Clerk
Nota
Sworn and subscribed before
me this Q-�J day of ) �Q
BOROUGH OF CARTERET
ORDINANCE #19 -10
AN ORDINANCE OF THE BOROUGH OF CARTERET AUTHORIZING
THE ACQUISITION OF A PORTION OF 100 MIDDLESEX AVENUE,
BLOCK 201, LOT 2 FOR THE PUBLIC PURPOSE OF
CONSTRUCTING MUNICIPAL PUBLIC PARKING
This ordinance authorizes acquisition by negotiation and /or
eminent domain of a portion of 100 Middlesex Avenue, Block 201,
Lot 2 for the purpose of Municipal Public Parking.
The foregoing ordinance was introduced at a meeting of the
Council of the Borough of Carteret held April 18, 2019 when it was
adopted on first reading. The said ordinance will be further
considered on second reading for final adoption at a meeting of
said Council of the Borough of Carteret on July 18, 2019 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, RMC/MMC
(521.12) Municipal Clerk
AFFIDAVIT OF PUBLICATION
I1 1'
Publisher's Fee $21.12 Affidavit $35.00
STATE OF NEW JERSEY
Middlesex County
Personally appeared
Of the Home News Tribune, a newspaper printed in Freehold, New Jersey and published in East Brunswick,
in said County and State, and of general circulation in said county, who being duly sworn, deposeth and saith
that the advertisement of which the annexed is a true copy, has been published in the said newspaper
1 times, once in each issue as follows:
07/09/19 A.D 2019
Notary Public. State of Wisconsin, County of Brown
My commission expires
Number: 0003668559 Run Dates: 07/09/19
BOROUGH OF CARTERET
ORDINANCE #19 -10
AN ORDINANCE OF THE BOROUGH OF CARTERET AUTHORIZING
THE ACQUISITION OF A PORTION OF 100 MIDDLESEX AVENUE,
BLOCK 201, LOT 2 FOR THE PUBLIC PURPOSE OF
CONSTRUCTING MUNICIPAL PUBLIC PARKING
This ordinance authorizes acquisition by negotiation and /or
eminent domain of a portion of 100 Middlesex Avenue, Block 201,
Lot 2 for the purpose of Municipal Public Parking.
The foregoing ordinance was introduced at a meeting of the
Council of the Borough of Carteret held April 18, 2019 when it was
adopted on first reading. The said ordinance will be further
considered on second reading for final adoption at a meeting of
said Council of the Borough of Carteret on July 18, 2019 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, RMC /MMC
Municipal Clerk
($21.12)
"" " 366855441
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:
July 24, 2019
Kathleen M. Barney, MMC
Municipal Clerk
BOROUGH OFCARTERET
ORDINANCE #19 -10
Sworn and subscribed Pefore
me this day of _v-I Q
AN ORDINANCE OF THE BOROUGH OF CARTERET AUTHORIZING
THE ACQUISITION OF A PORTION OF 100 MIDDLESEX AVENUE,
BLOCK 201, LOT 2 FOR THE PUBLIC PURPOSE OF
CONSTRUCTING MUNICIPAL PUBLIC PARKING
APPROVED AND ADOPTED: JULY 18, 2019
INTRODUCED: APRIL 18, 2019 _
Advertised as Adopted on First Reading
with notice of Public Hearing: JULY 9, 2019
Hearing Held: JULY 18, 2019
Approved By: MAYOR DANIEL J. REIMAN
Advertised as Finally Adopted: JULY 24, 2019
KATHLEEN M. BARNEY, RMC/MMC
Municipal Clerk
($16.72) _.__. ----- --- - -- -- -- -
N CAFWMA R � b G O � � R ry� JE
Z
W Gomnhft EON .9127
AFFIDAVIT OF PUBLICATION
Publisher's Fee $16.72 Affidavit $35.00
STATE OF NEW JERSEY
Middlesex County
Personally appeare Kbj�,A R
Of the Home News Tribune, a newspaper printed in Freehold, New Jersey and published in East Brunswick,
in said County and State, and of general circulation in said county, who being duly sworn, deposeth and saith
that the advertisement of which the annexed is a true copy, has been published in the said newspaper
1 times, once in each issue as follows:
07/24/19 A.D 2019
Notari Public. a of VVsco ,County of Brown
515a3
My commission expires
NANCY HEYRMAN
Notary Public
State of Wisconsin
Ad Number: 0003693769 Run Dates: 07/24/19
BOROUGH OF CARTERET
ORDINANCE #19 -10
AN ORDINANCE OF THE BOROUGH OF CARTERET AUTHORIZING
THE ACQUISITION OF A PORTION OF 100 MIDDLESEX AVENUE,
BLOCK 201, LOT 2 FOR THE PUBLIC PURPOSE OF
CONSTRUCTING MUNICIPAL PUBLIC PARKING
APPROVED AND ADOPTED: JULY 18, 2019
INTRODUCED: APRIL 18, 2019
Advertised as Adopted on First Reading
with notice of Public Hearing: JULY 9, 2019
Hearing Held: JULY 18, 2019
Approved By: MAYOR DANIEL J. REIMAN
Advertised as Finally Adopted: JULY 24, 2019
KATHLEEN M. BARNEY, RMC /MMC
($16.72) Municipal Clerk
3693769-01