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HomeMy Public PortalAboutOrd. 05-38 ~o. 105-38 ®ràittaure ú£ t4e 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. --~~- ~---~ DO NOT U~E SPACE BELOW THI:-; LINE -- RECORD OF COUNCIL VOTE ~--~-~~-_.. ~-- 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 "" I /, ',' / :;', ~" , _/",,""// ---,-~;;\V ! \~;-~/'''' .L__ 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, .it-°M- -,) .J." ^,rO.Þ 7';1 ;;~f -L ' v. U\.,JI 'J{.';: !f',) ¡~ Irii<¡U ,'0LI'.... .....·v 'Ter i5 "JðFlVt,V 'E 'I', uMqlc "10' , _ .' 'J RS¡::y _ð, II tXFIKtC ë¡::B u r", )'(,2910 () 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 , J~~ U 'I'" ;~~) ,l'~/ '<~l~