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and are hereby repealed as to the extent of any such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