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