HomeMy Public PortalAboutOrd. 21-29Ormunna
No. #21-29 -.f tht
armA «f aurtaef, N. T�
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 the following parcel of real property as set forth on the attached Schedule A, attached
hereto and made a part hereof, for drainage end flood mitigation efforts, and such other public purposes as
are authorized by law; and
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.I.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 I. The acquisition of the aforementioned parcel of real property within the Borough of Carteret
by any of the following methods, (i) consummation of 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'd'rected for the purposes provided for herein, and for such other
municipal purposes as may be authorized by law.
SECTION 2. The Borough Attorney, special legal counsel and/or other appropriate Borough Officlals 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 any of the
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.
SECTION 3. The Borough Attorney, special legal counsel and/or other appropriate Borough officials are
hereby authorized to negotiate with Ole property's owner, and the Borough Attorney,
and/or 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.
RICCORD Or COUNCIL VOTE
B LLINO X JOHAL X
DIAZ
DIMASCIO
X- Indicate Vote AB- Absent NV -Not Voting XOR- Indicates Vote to Overrule Veto
Adopted on first reading of the Coured of the Borough pf Carteret, N.I., on December 9, 2021
Adopted onsecond readingafterhearingon December 3�r 2�2j
SCHEDULE "A"
BLOCK/LOT
Blk. 5003, Lots 10, 17, 18, 19, 20 & 21
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:
December 15, 2021
�L&
Noja y Public of New Jersey
fSANA �. ARCNEVAL
NOTARY PU9LIC OF NEW JERSEY
My Commisslon expires 1/12/2022
Sworn and subscribed before
me this _i64k day of No +%ci 70.E l
0 1k) J/WL&�k L (iA-1
Car ela Pogo zel it
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:
January 7, 2022
Notary Public of New Jersey
DANA C. ARCHEVAL
NOTARY PUBLIC OF NEW JERSEY
My Commission Expires 1/1212022
Sworn and subscribed before
me this 71h day of
Carm'ela Pogorzel'ski, RM
Municipal Clerk
ORDINANCE 621-29
"AN ORDINANCE TO AUTHORIZE THE ACQUISITION :-
Of CERTAIN RCAL PROPERTY WITHIN
THE BOROUGH OP.CARTERET
PPROVED AND ADOPTED: DFCCM6ER 30 2021
1TRODUCED: ACCEMBER9_2021,
dv --- as Adopted on Fllrst Reading
d ey .MAYOR DANIEL 1 REIMAN
rd as Finally Adopted. /ANUARY ], 2022
Carmela Poggo "Nkl. RMC
Munl dpal Clerk