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Home My Public Portal AboutOrd. 05-17 10. 05-17 ®rútttmttt of ±4t ~oroug4 of QIadtrd, ~ ~ JJ ~ Councilman Presents the following Ordinance Seconded by Councilman AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF CERTAIN REAL PROPERTY WITHIN THE BOROUGH OF CARTERET WHEREAS, The Borough of Carteret needs to acquire the following parcels of real property to be used for public parking and amenities as part of a neighborhood revitalization project Block 219; Lot 6 Block 219; Lot 29 ; 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)(I) of the Local Lands and Buildings Law, NJ.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 ofCarteret, as follows: SECTION 1. The acquisition of any and all of the aforementioned parcels of real property within the Borough of Carteret by any of the following methods, (i) consummation of a 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, if necessary, (iii) by condemnation of any such property that is carried out pursuant to the Eminent Domain Act is hereby authorized and directed for the purposes of providing public parking and amenities in furtherance of the aforementioned neighborhood revitalization project and for such other municipal purposes as may be authorized by law. SECTION 2. The Borough Attorney, 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 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 {40142476,2} 05-17 PAGE 2 NO. II SECTION 3. The Borough Attorney, and/or the Borough's Economic Development Director, are authorized to negotiate with any of the properties' owners, and the Borough Attorney, and/or other 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. SECTION 5. All ordinances and/or parts of ordinances inconsistent herewith are repealed to the extent of any such inconsistency. SECTION 6. This ordinance shall take effect upon publication as provided by law. ,I DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B. lun T T>T\ X NAPLES X - I DIAZ X RIOS X KRUM X SITARZ X x - Indicate Vote AB - Absent NY - Not Voting XOR - Indicates Vote to Overrule Veto Adopted on first reading of the Council of the Borough of Carteret, N.J., on March 3, 2005 Adopted on second reading after hearing on March 31, 2005 mRove£-)~ ~;~;._çØ:~O/~~ ON ~. MAYOR 40142476,2 , MUNIC1ÞA"['CLERK r / Affidavit of Publication Publisher's Fee $81.84 State of New Jersey} 55. MIDDLESEX COUNTY Personally appeared MARIAN BUTLER Affidavit Charge $20.00 of the Home News Tribune, a newspaper printed In Freehold, NJ and published In NEPTUNE, In said County and State, and of general circulation In said county, who being duly sworn, deposeth and salth that the advertisement of which the annexed Is a true copy, has been published In the said newspaper 1 (ONE) times, once In each Issue, as follows 3/18/05. EN O. JOHNSON NOTARY PUBLIC OF NEW JERSEY "-/IY COM MiSS JON EXrnr:S FeB, 22,201:~ ~"_ /1 t"Z¡^>-- c/ a . Public of N,w J,rsey BOROUGH OF CARTERET ORDINANCE #05-17 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF CERTAIN REAL PROPERTY WITHIN THE BOROUGH OF CARTERET WHEREAS, The Borough of Carteret needs to acquire the following parcels of real property to be used for public parking and amenities as part of a neighborhood revitalization project Block 219; lot 6 Block ;>19; Lot 29: "od WHEREAS, the Governing Body has determined that said use is for a public purpose and will promote the general health and welfare of the c°W'æEu~~x~~nsdection 40A:12-5(a)(1) of the Local Lands and Buildings Law. N_JSA 40A:12-1 et seq. ("LLBL"), empowers muniCipalities to acquire real property by direct negotiation leading to the pur- chase of said property. or by condemnation should that be necessary. however, in the case of a municipality, such acquisition must be authorized bYN~W ;.1.t°£WÈ?FoFfE~<'IBEt IT ORDAINED, by the Mayor and Council of the Borough of Carteret, as follows: SECTION 1. [¡~~e~ci-~:'~~ft Off r~~1 g~odp:)~ ofwfrh~n a~heeB~~: ough of Carteret by any of the rollowing methods, (i) consummation of a 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, if necessary, (III) by condemnation of any such P 'y that _is carried out pursuant to the t t Domain Act is hereby authorized and t, J for the purposes of providing public p~g and amenities in furtherance of the alore- ~ndnt~~~~~hn~~~~~~8~i~?p;le~~t:~~:e~0~s ~~~e~~ authorized by law. SECTION 2. The Borough Attorney. and/or other special legal counsel, are hereby authorized and directed to perform or carry out Or "'<'Iuse to be performed or carried out. any studies, surveys. tests. sound- ings. borings. appraisals. title searches and title report reviews as reason;,bly necessary to deter- mine the value 01 any of the properties, the location and quality of any of the properties and any environmental matters associated with any 01 the properties. SECTION 3. The Borough Attorney, ;md/or the Borough's EconomIC Development Director. are authorized ~~dn~~~tiâ~~o~~:: ~~t~)f~fe~~ea~~~~;r¿i~~~r o~~~~¡ legal counsel, <Ire authorized to file ðnd pursue SÊëtIÓoN~~mnation i1ction "'s necessary The Mélyor and Borough Clerk and such other OffiCerS as may be necessary are hereby autho- rized to undertake any actions and execute and deliver any_ p"per, torm, or document necessary or appropriate to ;-JCquile 5ald properties by any A.D,2005 ("\f\ _ j \ \C''-.,~~yJ \. , . ~;u..... Sworn and subscribed before me this 18th day of March, A.D., 2005 of the methods set forth in Section 1 of this ordinance. SECTION 5. All ordinances and/or parts of ordinances incon- sistent herewith are repealed to the extent of any s~~f7dNc6~Slstency. This ordinance shall take eflect upon publication as provided by law. The foregoing ordinance was introduced at a meeting of the Council of the Borough of Carteret held March 3. 2005 when it was adopted on First Reading. The said ordinance wIll be further consid- ered on Second Reading for final adoption at a meeting of said Council of the Borough of Carteret on March 31, 2005 at approximately 7:00 P.M" Municipal Court/Police facility, 230 Roosevelt Ave- ~iÏ,ep;r~r~~~ei~t~~e~t~dr~ir; b~ ';~J~~ ~~~pa;~rfu'~~~ to be heard. KATHLEEN M. BARNEY, Certified Municipal Clerk ($81.84) 30603 ---, ~. / " " . {} s: '¡¡\' / Affidavit of Publication ~ Publisher's Fee $12.32 Affidavit Charge $20.00 State of New Jersey} 55. MIDDLESEX COUNTY Personally appeared MARIAN BUTLER of the Home News Tribune, a newspaper printed In Freehold, NJ and published In NEPTUNE, In said county and State, and of general circulation In said county, who being duly sworn, deposeth and salth that the advertisement of which the annexed Is a true copy, has been published In the said newspaper 1 (ONE) times, once In each Issue, as follows 4105105. PATRICIA W. TOW¡jSEr~D NU lAKY f'lit¡Ul Ur NtW JtK~tY ( , jV!¥ I.lU:V:'¡!I~:::;;~,:Y"; "·,,"~!h.i:~-, \Y'_ ~ ,/ 1005 AD,,2005 - /) :<7 æZ Í/d/)-Á {li-~. /O~--X Iwrary Public 01 New Jersey ! , , c . '--(~\... '\\ . \:'~ \. -,. Sworn and subscribed before me this 5th day of April, A.D., 2005 BOROUGH OF CARTERET ORDINANCE #05-17 AN ORDINANCE TO AU- THORIZE THE ACQUISI- TION OF CERTAIN RE- AL PROPERTY WITHIN THE BOROUGH OF CARTERET APPROVED AND ADOPT- ED: MARCH 31. 2005 INTRODUCED: MARCH 3,2005 Advertised as adopted on first reading with no- tice of Public Hearing: MARCH 18, 2005 ~i.a2j&ð5 Held: MARCH ~~~íELeJ~ R~r~A~A YOR Advertised as fina¡~ ~'r~L~:E~~I.LB5Å~~~Y MUNICIPAL CLERK ($12.32) 47û03 ~ <~ , /\~ '-:."',)'\, " \--, \~ê\ /, /.:' ",,~i " E ð \ì;"'-