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HomeMy Public PortalAboutOrd. 22-23Orbinaurle No. #22-23 aL fhj 19 arlag4 of (tsar #ere#, Councilman Presents the following Ordinance Seconded by Councilman AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF CERTAINREAL PROPERTY WITHIN THE BOROUGH OF CARTERET WHEREAS, the Mayor and Council of the Borough of Carteret (the "Borough ") has determined that a need exists to acquire the following real property (or portions thereof) in the Borough, to facilitate the installation of stormwater management improvements, and such other public purposes as are authorized by law: See Exhibit A WHEREAS, the Borough has determined that said uses are public purposes and will promote the general health and welfare of the community; and WHEREAS, pursuant to N.J.S.A. 40A:12- 5(a)(1) of the Local Land and Buildings Law, N.J.S.A. 40A:12 -1 et seq., the Borough may provide for the acquisition of any real property, capital improvement, or personal property by purchase, gift, devise, lease, exchange, condemnation or installment purchase agreement. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE BOROUGH OF CARTE, RE THAT: Section 1. The aforementioned Recitals are incorporated herein as though set forth at length. Section 2. The Borough is hereby authorized to acquire fee simple, permanent easement or temporary constructions easement interests, as applicable, in the following properties (or portions thereof, as applicable): See Exhibit A Section 3. The property acquisitions authorized herein may be achieved by any of the following methods: (i) consummation of a purchase and sale contract by negotiations with the property owners, (ii) by a gift, grant, or contribution by the property owners, or (iii) by condemnation of any such property, pursuant to the Eminent Domain Act (N.J.S.A. 20:3 -1 et seq.). Section 4. The Borough's Director of Law, and /or other special legal counsel 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 may be 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 properties. Any such actions taken prior to the date hereof are hereby ratified. NO. #22 -23 PACE 2 of 2 Section 5. 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, instrument or document necessary or appropriate to acquire said parcels by any of the methods set forth herein, including such documents relating to an action in condemnation. Section 6. The ordinance shall take effect upon publication and final passage according to law. DO NOT USE SPACE RECORD OP COUNCIL VOTE COUNCILMAN YES NO NV A.R. COUNCILMAN YES NO NV A.B. BELLING X JOHAL X DIAZ X DIMSCIO X .NAPLES X X - Indicate Vole AII- Absent NV -Not Voting XOR- Indicates Vole to Overrule Veto Adopted on first reading of the Council of the Borough of Carteret, N.7., on August LS, 2022 Adopted on second reading after hearing on August 2022 APPROVED ON t, /25, s J / / 4 / J �- -NIUNCI IPAL CLERK 1 Exhibit A Property to be Acquired Block Lot Address 5003 12 37 Louis Street 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: August 16, 2022 Notary Pu c of New Jersey QJENNIFER K. OTERO h NWaryPUbl'•S ;ofNw' Jersey Commission p 50.18.8983 M Comm. Ex Tres Mar. l 2027 Sworn and,sgbscribed before me this L(oi� day of - )1620 Carmela Pokoraels , Municipal Clerk ORDINANCE R22 -23 AN ORDINANCE TO AUTHORIZE THE ACgUisRiOPo OF CERTAIN RE- AL PROPERTY WITHIN THE ROROUGH OF CARTERET° This ordinance authpriaes acquholon of property for the purpose of flood control svkhin the Bordugh of Carteret. The fore In ordinance was introduced at a ineetiny bf the Coundi of the Borpugh of Carteret held August 11, 2021 when 'k onslderederi° a u ^mod regagdI'll . for f,nalaad man at el meetinghof imatety 6 00 P.M a mptelyh info mat ,on fo theu all i procesiPS on the Borough's website,www.carteret.net at which time all persons Interested will be give^ am opportunity to be heard. Carmela Pogorzelskl, RMC (517.20) 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: Auvust 30.2022 Notary blic of New Jersey JENNIFER K. OT RO _ Notary f ,Nlq ' State of New Jersey Commisalon # 50.18.8983 M Comm. Expires Mar, 3I 2027 Sworn and subscribed before me this 301 day of D Carmela P gotrzelski, 164C Municipal Clerk