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HomeMy Public PortalAboutOrd. 20-04No. #2b -04 of t4l� 19orough of (gart$xEt, yv y Jy Councilman Presents the following Ordinance Seconded by Councilman AN ORDINANCE OF THE BOROUGH OF CARTERET AUTHORIZING THE ACQUISITION OF A PROPERTY INTEREST IN A PORTION OF BLOCK 700, LOTS 2 AND 3 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 ... [bjy 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 a portion of real property located at Block 700, Lots 2 and 3 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 property interest in the Property for the public Project; arid, WHEREAS, the Borough wishes to negotiate for the acquisition of a property interest in 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 property interest in a portion of Block 700, Lots 2 and 3 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of the Borough, or provision thereof, inconsistent with the provisions of this Ordinance shall be and are hereby repealed as to the extent of any such inconsistencies.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 NO. #20-04 PAGE 2 be deemed to be severable from the remainder of this Ordinance, as applicable. 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. RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN TYES NO NV A._B BELLINO X JOUAL X DIAZ X7, 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 Borough of Carteret, N.J., on Adopted on second reading after horning on March 1 9, 2020 February 20, 2020 � APPROVED BY MAYOR ON j-��' -Z.0 ` A {- �) _ /t-f MIINICI ALCLIRK ( L