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Home My Public Portal AboutOrd. 06-04 ®ràhm1tt~ No. #Oh_06. ú£ t4~ ~úrnug4 ú£ C1.Ind£r£i, ~t JJ~ Councilman Presents the foJlowing Ordinance Seconded by Councilman - I AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF CERTAIN REAL PROPERTY WITHIN THE BOROUGH OF CARTERET WHEREAS, the Mayor and Council of the Borough of Carteret ("Borough") has determined that a ne.ed exists to acquire the following identified parcels of real property to be used for public parking and in furtherance of the Borough's revitalization and redevelopment efforts and such other public purposes as are authorized by law: STREET ADDRESS BLOCK/LOT 50 Gulino Place Block 50.1; Lot 19 60 Gulino Place Block 50.1; Lot 18 21 Washington Avenue Block 221; Lot 3 68 Essex Street Block 252; Lot I 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)(l) 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 of Carteret, as follows: SECTION 1. The acquisition of that any and all of the aforementioned parcel 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 (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 pedestrian use in conjunction with the development and \ recreational use and enjoyment of the Borough's new Waterfront Park, 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 determin 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 other special legal counsel, are authorized to negotiate with the property's owner, and the Borough Attorney, and/or other special legal counsel, are authorized to file and pursue any condemnation action, as necessary. - NO. 4IDf=O~ PAGE 2 of 2 SECTION 4. The Mayor and Borough Cler~ 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. - > DO NOT USE SPACE BELOW THIS LINE RECORD OF COUNCIL VOTE COUNCILMAN YES NO NY A.B, COUNCILMAN YES NO NY A.B. BELLINO X NAPLES X ~DIAZ X X K UM X X· Indica!!: VO[~ AB·Absent NY· Not Voting XOR - Indiçat,"s Vote to Overrule Veto C Adopted on firs! reading of ¡he Council of the Borough ofCaneret, N.J.. on T::4ßII:1ry 1? , 2006 Adopt~d on second readi 7001> , - MUN C Al;CL K AFFIDA VIT OF PUBLICATION The following IS a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared III the Home- News Tribune, a newspaper which is printed in Freehold, New Jersey and published In Neptune, III said County and State and of general circulation in said county. ONJi: ( 1 ) times, once III each Issue as follows: ....(I~ ~ January 17, 2006 ~ ttM: ~or wtd COuncil of the BOt"ouah . c.rt"'.\("8ër~") hØ' ~ tMt " need olsts to acqutr'e ttte1::::tJ ~~ eels of '8al property to be' uMd pubk and in furtMra'lòe, of the Ikw~'. r.... Mion ....d redeveloptMnt .norts,..-KI' IUCh other publk: ~,11V""""'Mfr. 50 Gulino PbIQ. SOck .1; Lot 19 60 Qullno P.. Btock 50.1; Lot 18 21 Washin~A'MI1U. :=k gl; Lot 3 ,-.;;¡.,---../~ /~-v-<~ 68 Essex Ioå: 2: Lot 1 0 WHERI!Aa, .". Go¥ermns B~ h_ tletermined that said .... Is for ".p'ubIfc pur~ and wtll promote t~.1 health ana w.thw'e of the commllftÎt; Notary Public of New Jersey W"....f~~t, ',4OA;12:~fá) of tM Local lAnds and Law, N.J '4OA:12.1 et ::¡ p~\r:~J\ ,:\.. ~;lV;-':' '\ ("LLBL"), ~s municlr*Mn to ~ ,.. property:Jkt ,t nqottatiOn fef!dIniI to the pur~ ~ !:. . ¡)¡j~':,.~t; (i::: r £MiMof' ,,~~iItionIlhoUId thet be nc " ,_ In the c... of . ~,.:;,y; [,'X m~ty,' ~- must be authorized U'f,If,W g~""""'N8D, by 'M Moy- Sworn and subscribed before ... -w' owncll" 'the lSoro\IFI of Cart.....t. 8S ~1~~~i..tlOn of that WI)" and at! of me this / ýJ,/.. day of Î o/,,^,~/..2 c..'Ú I.. .... :.="' of ,... "'tI::'1-1n th.~O c.. by. ~ fOllowtn¡¡ U ~ . con.umþtton óf . and .... contllc:t - - - h Is the product of direct ~... tlons with. the QWners of such properties, (Ii by a ' 11ft, pant, or CQntribution by ant¥. owner 0 such properties, or (ill) by condemna on of ant such ~r~( thet ts carried out purSU¥lt 0 the m nen _Domain Act is hereby authorized and directed fOf"' the purpoøs of ~ pubtk: f:;rklnB and pedestrian use In conjunct on with he de...elo:= and recr.etlonaluse and enJoy- mento' the I!I UCh's new Watwftont Park, añd / for sue" oth.I' municipal purpoMS as maybe authorized ~ law. UC'nDN I. . Boroup, Attorney, and/or other =1aI laical counsel, .1'. hereby authorized and ected 0 perform or carry out or cause to be i r.erformed or - CIIrrled out. any studies, surveys. est$. sound.< bori~S. appraisals, title ...rch- I Káthleen Barney, RM .. and titie ,._ ,.v.... .. ,...~.bly nK"-¡ sary to detet'"mine the ...alue of any of tl'Hi proper- ties, the 1ec;.8tion and quality of any of the Municipal Clerk properties and anlJ, environmental matter. associ- ated wm, any ~ropertles and to undertake any &e:t~n n or eelate ·to acquire ~ tne aforementtonec:l real pro s. 8e.CTIOH 3.The Borouah A orney, andlor otner special Ieee! counsel, are autnorlzed to negotiate , wltn tne pro~ty's owner, end ·tn. Borouftn At- ~ torney, and or otner specIal 1...1 couns., are I authorized to file and pursue any condemnation ; action as necessary. .' SECTiÖÑ ..Tne Mayor and Borough Clerk and suen otner officers as m~ be necessary ere hereby authorized to underta e any actions and execute I and detiverany ~aper, form, or document neces- sary or appropr ate to acquire said properties by an~, of the methods set forth In Section 1 of tnls ~eiAII ordinances and/or parts of ordi- nances Inconsistent herewltn are repealed to the ;l~b:tf :?X,~u~d~;,~:s:~~Yiake effect upon publication" provided by lew. Tne ~~ordlNlnc. was introduced at a meet- ing of the C IWICIt of the Borouah of Carteret held January 12, 200e wnen It w.. adopted on FIrM - Reading. Tne said orcün...c. wKt be further consid- ered on Second R.adl~ for final adoption at a meeting of said Council 0 tne B~ of Cart.ret on Januer¢ 26, 2006 at .~ y 6:30 P.M.. Munlgp.1 ourt/Petlce Facl ,230 Roosevelt Ave- nue, Carter.t, New Jer7 at which time and g:ace ~ g:r~:ns dnterested w be Fven an opper mty KA,=~, = ID .... CLaRI< 8H: TUHCtIIy, ..........,. 17, 200e (......) 23145 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) times, once in each issue as follows: F..hrllary 1, 2006 C::;;{~~ O. ~~ Ú ~ t.~~ Notary Public of New Jel'sey Kathleen Barney, RM C '., ',:'..:':: L-:" " Municipal Clerk - Sworn and subscribed before me this Jo>f:. day of 6.~ J- o,;} ¿ IOIOUIH II CARTERET ORDINANCE #08-04 AN QfmIHANcE TO THE ~..riIN OF ~"EAt. WITHIN C~OF 0> APPROVED AND ADOPTED: t":~~U~EJ;OO6 Januart 12, 2006 , Advert sed as adopted on first readJ'W with no- tice of Public a.ring: January 17, 2006 Hearing Held: January 26, 2006 Approved ~: Mayor D.....e! J. Reiman Advertised _ flrlaUy adopted: ~ï~ ~. 2':~, M~ "*" ~1~) '. ~ -