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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