HomeMy Public PortalAboutOrd. 05-38
~o. 105-38
®ràittaure
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IßnrnuB4 ú£ OIarteret, ~ + 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 related thereto. as part of a
revitalization project
Block 50.1; Lot 18
Block 50.1 ; Lot 19
; 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.J.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 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 proj ect 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 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 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.
NO. 105-38
PAGE 2 of 2
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 I of this
ordinance.
SECTION 5. An 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 providcd by law.
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DO NOT U~E SPACE BELOW THI:-; LINE
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RECORD OF COUNCIL VOTE
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COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B.
BELLINO X X
DIAZ X RTOS X
KRUM X X
x - Illl.liciltc Vote AU· Absent NY - Not VOling XOR - Inuiç¡¡tcs Vote to Overrule Vcto
c
Adopted on first reading of the Council of the Borough of Cartcrcl, N.1.. on ___Jun.e-.!§....,..-2005
UN 0 2005
ON
Affidavit of Publication
Publisher's Fee $89.76
State of New Jersey} 55.
MIDDLESEX COUNTY
Personally appeared
JON IRAGGI
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
6/21/05,
JtAN 0, JUHN~O'í
NOTARY PUBLIC OF ~EW JeKtitY
HY W,~l~iSS!ON EXPiRES FE8. 22,2010
éJ
BOROUGH OF CARTERET
ORDINANCE #05-38
AN ORDINANCE TO AUTHORIZE THE ACQUISI-
TION OF CERTAIN REAL PROPERTY WITHIN THE
BOROUGH OF CARTERET
WHEREAS, The Borough of Carteret needs to ac-
quire the following parcels of real property to be
used for public parkin,';: and amenities related there-
to as part of a revitalization project
Block 50-1, Lot 18
Block 50.1; Lot 19
, 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
WHEFWD~K ~~~tion 40A:12-5(a)(l) of the Local
Lands and Buildings Law, N.J.SA. 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
by duly adopted ordinance
NOW THEREFORE, BE IT ORDAINED, by the May-
or and Council of the Borough of Carteret, as
follows:
SECTION 1 The acquisition of any and all of the
aforementioned parcels of real prop-
erty within the Borough of Carteret by
any of the following methods, (D con-
summation 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 earned out pursuant to the
Eminent Domain Act is hereby autho-
rized and directed for the purposes of
providmg public parking and amenities
In furtherance of the aforementioned
neighborhood revitalization project
and for such other municipal purpos-
es as may be authorized by law.
SECTION 2. The Borough Attorney, and/or other
special legal counsel, are hereby au-
thorized and directed to perform or
carry out or cause to be performed or
carried out" any studies, surveys,
tests, soundmgs, 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 ac-
~~i~ e nt~Cee~~~~~~~n ri~~~dP~~~tle p~~ P:~~
ties
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
A.D., 2005
Sw
other special legal counsel, are au-
thorized to file and pursue any con-
demnation action, as necessary,
SECTION 4. The Mayor and Borough Clerk and
such other officers as may be neces-
sary are hereby authorized to under-
take any actIOns and execute and
deliver any paper, form or document
necessary or appropriate to acquire
said properties by any of the meth-
ods set forth in Section 1 of thIs
ordinance
SECTION 5. All ordinances and/or parts of ordi-
nances inconsistent herewith are re-
pealed to the extent of any such
Inconsistency
SECTION 6, This ordinance shall take effect upon
publication as provided by law
The foregoing ordmance was Introduced at a meet-
ing of the Council of the Borough of Carteret held
June 16, 2005 when it was adopted on First Read-
ing, 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 July
~~~ri~~;lic~t F~)¡i~v~i23Òel~0~~~~el~'~~e~~~i<g~~~
teret, New Jersey - at which time and place aii
persons interested will be given an opportunity to
be heard.
KATHLEEN M. BARNEY,
Certified Municipal Clerk
($89.76) 43927
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Affidavit of Publication
Publisher's Fee $89.76
State of New Jersey} 55.
MIDDLESEX COUNTY
Personally appeared
JON IRAGGI
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
6/23105,
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No a Public of New Jer
BOROUGH OF CARTERET
ORDINANCE #05-38
AN ORDINANCE TO AUTHORIZE THE AcaUISI-
TION OF CERTAIN REAL PROPERTY WITHIN THE
BOROUGH OF CARTERET
WHEREAS, The Borough of Carteret needs to ac-
qUire the following parcels of real property to be
used for public parking and amenities related there-
to as part of a revitalization project
Block 50.1: Lot 18
Block 50.1; Lot 19
, and
WHEREAS, the Governing Body has determined
that said use is fOf a public purpose and will
promote the general health and welfare of the
W~ERË1~r S~~tion 40A:12-5(a)(1) of the Local
Lands and Buildings Law, N.J.SA 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
by duly adopted ordinance
NOW THEREFORE, BE IT ORDAINED, by the May-
or and Council of the Borough of Carteret, as
follows:
SECTION 1. The acquisition of any and all of the
aforementioned parcels of real prop-
erty within the Borough of Carteret by
any of the foilowing methods, (i) con-
summation 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 autho-
rized and directed for the purposes of
providing public parking and amenities
In furtherance of the aforementioned
neighborhood revitalization project
and for such other mUnicipal purpos-
es as may be authorized by law
SECTION 2. The Borough Attorney, and/or other
special legal counsel. are hereby au-
thorized 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 ac-
tion necessary or appropriate to ac-
qUire the aforementioned real proper-
ties
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
AD., 2005
rn and subscribed b re me this
23rd day of June, A.D., 2005
other special legal counsel, are au-
thorized to file and pursue any con-
demnation action, as necessary.
SECTION 4. The Mayor and Borough Clerk and
such other officers as may be neces-
sary are hereby authorized to under-
take any actions and execute and
deliver any paper, form or document
necessary or appropriate to acquire
~di~ ~;~Pf~:~~s i~y saenJi¿'~ tre or~~7~
ordinance.
SECTION 5. All ordinances and/or parts of ordi-
nances inconsistent herewith are re-
pealed to the extent of any such
inconsistency.
SECTION 6. This ordinance shall take effect upon
publication as provided by law.
The foregoing ordinance was introduced at a meet-
ing of the Council of the Borough of Carteret held
June 16, 2005 when it was adopted on First Read-
ing. 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 June
30, 2005 at approximately 7:00 P.M., Thomas J.
DEverin C0mr:lunlty Center, 100 Cook", Avenue,
Carteret, New Jersey at which time and place all
persons interested will be given an opportunity to
be heard.
KATHLEEN M. BARNEY,
Certified Municipal Clerk
($89.76) 33856
Affidavit of Publication
Publisher's Fee $12.32
Affidavit Charge $20.00
State of New Jersey} 55.
MIDDLESEX COUNTY
Personally appeared
JON IRAGGI
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
7 /06/05,
~
N01'AR',' PUBLIC OF NE\~.' JERSEY
tlf COMMISSION EXPIRES FEB, 22,2010
A.D., 2005
<
rn and subscribed befor his
6th day of July, A.D., 2005
BOROUGH OF CARTERET
ORDINANCE #05-38
AN ORDINANCE TO AU-
THORIZE THE ACQUISI-
TION OF CERTAIN RE-
AL PROPERTY WITHIN
THE BOROUGH OF
CARTERET
Approved and Adopted:
June 30, 2005
Introduced: June 16,
2005
Advertised as adopted
on first reading with no-
tice of Public Hearing:
June 23, 2005
Hearing Held: June 3D,
2005
Approved By: Mayor
Daniel J. Reiman
Advertised as finally
adopted: July 6, 2005
Kathleen M. Barney
Municipal Clerk
($12.32) 28745
,
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