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Home My Public Portal AboutOrd. 05-23 No. 05-23 (11}rúil1ul1te of t~e IßorúugI1 of OIaderd, ~ + 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 purposes of neighborhood revitalization and rehabilitation and such other pub1ic purposes as are authorized by 1aw Block 220 Lot 5 Block 220 Lot 4 Block 220 Lot 3 Bloek 229 Let :2 also k:nð vv 11 U.::I 37 Washington Avenue 39 Washington Avenue 41 Washington Avenue * 47 \\T a~hillblul1 Avt:llue Removed also known as a1so known as also known as ; and WHEREAS, the Governing Body has detennined 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, 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 condenmation 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 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 neighborhood revitalization and rehabilitation and for such other municipa1 purposes as may be authorized by law. SECTION 2. The Borough Attorney, and/or other special legal counsel, are hereby authorized and directed to perfonn or carry out or cause to be perfonned or carried out, any studies, surveys, tests, soundings, borings, appraisals, title searches and title report reviews as reasonably necessary to detennine 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, and/or the Borough's Economic Deve10pment Director, are authorized to negotiate with any of the properties' owners, and the Borough Attorney, and/or other special legal counsel, are authorized to fi1e 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, fonn, or document necessary or appropriate to acquire said properties by any of the methods set forth in Section 1 of this ordinance. NO. 05-23 PAGE2 of 2 SECTION 5. All Ordinances and/or provisions thereof inconsistent with the provision ofthi Ordinance shall be and are hereby repealed as to the extent of any such inconsistencies. SECTION 6. Ifany section, subsection, part, clause. or phrase of this Ordinance shall be declared invalid by judgment of any Court of competent jurisdiction, the section, subsection, part, clause or phrase shall be deemed to be sever able ITom the remainder of this Ordinance. SECTION 7. This Ordinance shall take effect upon passage and publication according t applicable law. - _I * This property was removed prior to Public Hearing on 4/21/05 DO NOT USE SPACE BELOW THIS LINE DIAZ RECORD OF COUNCIL VOTE YES NO NV A.B. COUNCILMAN x: X X Z YES NO NV A.B. COUNCILMAN BELLINO X X X x - Indicate VO[e AB - Absent NV - Not Voting XOR - Indicates Yote to Overrule Veto Adopced on first reading of the Council of the Borough of Carteret N J c)n MARCH 31, 2005 .h Amended . .. , AdoptecJDn second reading after hearing on . 1, ?ool) APPROVE ON ¿t =--> -- -æ- Affidavit of Publication Publisher's Fee $99.00 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 41D91D5, JEAN O. JO~ NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES F .22,2010 C~Îi( /~ Not<ýy' ublic of New Jersey ~ECTION 2. SECTION 3. SECTION 4. SECTION 5. SECTION 6. SECTION 7. BOROUGH OF CARTERET AD., 2005 (':,'0'>.,..,-.J '\.. ~- '" """- ,~,.I-,''-- sworn and subscribed before me this 9th day of April, A,D., 2005 C.", '. ORDINANCE #05·23 AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF CERTAIN REAL PROPERTY WITHIN THE BOROUGH OF CARTERET WHEREAS, The Borough of Carteret needs to acquire the followjn~ parcels of real property to be used for purposes of neighborhood revitalization and rehabilitation and such other public purposes as are authorized by law Block 220 lot 5 also known as 37 Washington Avenue Block 220 Lot 4 also known as 39 Washington Avenue Block 220 Lot 3 also known as 41 Washington Avenue Block 220 Lot 2 also known as 47 Washmgton Avenue ,nd 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; ,nd WHEREAS, Section 40A;12"5{a)~1) of the Local Lands and Buildings Law, N.J.SA 40A:12-1 et seq. CLLBL' ), empowers municipalities to acquire real ~~~~~~n~Bod~r:~;~dgt~t~~tb~n ~:~~~~~r~~ ~~~~~~~~i~sih~f ¿:~~ ~~o;'~~~'ic~~a~t ~Ò~c~Hatf~Ë~m~t mBu~t I~e &~~Åí:¡~g,bbyd~~e a~0.f}~~ ~~~in~~~~'Cil of the Borough of Carteret. 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 contribu- tion 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 neighborhood revitalization and rehabilitation and for such other municipal purposes as may be authorized by law. 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, bormgs. appraisals, title searches and title report reVIews as reasonably necessary to deter- mine 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 under- take any ,action necessary .or appropriate to acquire the aforementIOned real properties. The Borough Att.orney, 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 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 docu- ment necessary or appropriate to acquire said properties by any of the methods set forth m Section 1 of this ordinance All Ordinances and/or provisions thereof inconsistent with the provision of this Ordinance shall be and are hereby repealed as to the extent of any such inconsistencies If any section, subsection. part, clause or phrase of this Ordinance shall be ,declared irwalid by judgment of any Court of competent jUrisdiction, the section. subsection, part, clause or phrase shall. be deemed to be severable from the remainder of this Ordinance This Ordinance shan take effect upon passage and publica- tion according to applicable law 1~~ofuO~hg~tL~~~ir~~nh:ld'aM~~¿~0~u{egoôt5 a wrg:~ti~g ~:s t~~oCp~~dCi~nof F:~~ Reading, The said ordinance will be further considered on Second Reading for final adoption at a meeting of said Council of the Borough of Carteret on April (Page 1 of #27353 ) ~(' ~ ,~ !) 9! 21, 2005 at approximately 7:00 PM.. Municipal Court/Police Facility, 230 Roosevelt Avenue, Carteret, New Jersey at which time and place all persons ~THt~~Nw~. ~Ä~Ni:'Y.aëe°J¡~i~~~I~rk to be heard $99.00) 27353 (Page 2 of #27353 ) I Affidavit of Publication - Publisher's Fee $12.32 State of New Jersey} 55. MIDDLESEX COUNTY Affidavit Charge $20.00 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 (ONEI times, once In each Issue, as follows 4/26105. -I PA I KI\';I!\ VI, TQ'v'íN8ENÐ NU I fitlY PlJ5L1f Sf tKW JeRSEY MY COMM\8SI~~S rn.? 7005 !ig7iCA :J) kit /fJJ'i .!- Notary Public of New Jersey / A.D,2005 \\" c-" £' '. () ~,.. " " " \0' "ill cvJ \', ., !'ëv sworn and subscribed before me this 26th day of April, A.D" 2005 BOROUGH Of CARTERET ¡þß:. C'I ,;Y' h !"'",.,' /~ ~/ \ c-'-I ,'____I , -I --, -I ORDINANCE #05-23 AN ORDINANCE TO AU- THORIZE THE ACQUISI- TION OF CERTAIN RE- AL PROPERTY WITHIN THE BOROUGH OF CARTERET Approved and Adopted: April 21. 2005 Introduced: March 31. 2005 Advertised 8S adopted on first reading with no- tice of Public Hearing: W:~~i~9 2~~id: April 21, 2005 Approved By: Mayor Daniel J. Reiman Advertised as finally adopted; April 26, 2005 Kathleen M. Barney Municipal Clerk ($12.3:2) 21416 ~~-J _I..i-. /