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Home My Public Portal AboutOrd. 06-06 I @rÛmènttt No. :Æ-Oh_Of. of Hrt ~nro1t:s4 of C!hrdtrcf, ~~ '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 Mayor and Council of the Borough of Carteret ("Borough") has detennined that a need exists to acquire the following identified parcel of real property to be used for the construction and provision of affordable senior citizen housing and such other public purposes as are authorized by law: STREET ADDRESS BLOCK/LOT 42 Noe Street Block 176; Lot31 WHEREAS, the Governing Body has detennincd that said use is for a public purpose and, will promote the general health and welfare of the community; and WHEREAS, Section 40AI2-5(a)(l) of the Local Lands and Buildings Law, N.J.S.A. 40A:12-1 et seq. ("LLBL"), empowers municipaJities 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 foJlows: SECTION 1. The acquisition of that any and aJI 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 o\vners of such properties, (ii) by a gin, grant, or contribution by any owner of such prope11ies, or (iii) by condemnation of any such property that is canied 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 Jaw. SECTION 2. The Borough Attorney, and/or other special legal counsel, arc hereby authorized and directed to perfonTI or carry out or cause to be performed or canied out, any studies, surveys, tests, soundings, borings, appraisals, title searches and title report reviews as reasonabJy necessary to determine the value of any of the properties, the location and quality of any of the propel1ies 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 Jegal counseJ, are authorized to negotiate with the property's owner, and the Borough Attorney, and/or other special legaJ counsel, are authorized to file and pursue any condemnation action, as necessary. - I NO. #06-06 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 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.n. COUNCILMAN YES NO NV A.B. BELLINO X NAPLES X DIAZ X RIOS X X SITARZ X X-Indicate Vote AB -Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto Adopted on first reading of the Counci of the Borough of Cartcret, N.1., on February 2J--2~ 2006 APPROVED BY ON BOROUGH Of CARTERfT ORDINANCE #06-06 AN ORDINANCe TO AUTHORIZE THe AcaUISITION OF CERTAIN REAL PROPERTY WITHIN THE BOROUGH OF CARTERET WHEREAS, the Mayor and Council of the Borough 01 Carteret ("Borough") has determined that a - ~:r~f ~~j:t~rtgp:;tjuf~e bt~~:~~'~~:1i~d~~~~~~~c~i::~ :g~ ~~~hiS~~~e~fp~~f~d~~~~o~:~¡~s ~:~z~nut~~~~~S \('¡ i~~~ET ADDRESS BLO~~9-0T 2 Noe Street !::Ioc 6; Lot 31 WHEREAS, the Governing Body has determined that said use is for a public purpose and will promote the general health and welfare of the W~ERË~~.: ~~~tion 40A:12-5 a)<1) of the Local Lands and Buildings Law, N.J,~. . 40A:12-1 et se~ ("LlBL"), em~owers munjcipaJitjes to acquire rea property by ¡reet negotiation leading to the pur- chase 01 said property. or by condemnation should that be necessary. however, in the case of a municipality, such acquisition must be authom:ed ~o~ltH~RE~~R~.d~neTreORDAINED. by the May- or 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 Car- teret 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 p'roperUe.., (¡iì by a gift, gr...,t, 0, contribution b~ any owner of such properties. or Iii) by condemnation of any such propertl that is carried out pursuant to the minent Domain Act IS hereby authorized and directed for the purposes of providing public park- ing and pedestrian use in conjunction with the development and recreation_ al use and enjoyment of the Bor- ough's new Waterfront Park, and for such other municipal purposes as may SECTION 2. ~h:~t~~~~~e~ ~Ít¿~~ey, and/or other ih~~i~a~dle:~~ cd~~~';>:~d at; ~:;to~~ a~; 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- ~~i~e rWI~e~f~~~mo;nû~~~~~~aatle p~~p:;: ties. SECTION 3. The Borough Attorney, and/or other special legal counsel. are authorized to negotiate with the property's own. er. and the Borough Attorney. and/or other special le9al counsel. are autho- rized to me an pursue any condem- nation 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 S. All ordinances and/or parts of ordi- nances inconsistent herewith are re- pealed to the extent of any such Inconsistency. SECTION 6. This crdrnanc~ ~ha!! take eff"'ct upon publication as provided by law. The foregoing ordinance was introduced at a meet- m~ of the Council of the Borough of Carteret held Fe ruary 2, 2006 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 February 16, 2006 at affProximately 6:30 P.M., Municipal Court/Police Faci ity, 230 Roosevelt Ave- ~Nepe;:~~e;~~'t~~~t;~r~~ìr b~ ~~;~ ~¡;;n~:pno~?ul~~; to be heard. KATHLEEN M. BARNEY Certified Municipal Clerk ($94.16) 9539 - 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: IOIIOUIt If CMTEIET ....=m:..~THE February 7 . 2006 ACQU18 OP~ .......~RTY . WITHIN THE OF MT ~. the Mayor and Council of the Borough of Car1:eret ("SoroulJh") has determined that . need exists to acqulr. the folO~ identified ~r- qat of reatseroplWrty to be used tor III construe ion and .prov! on of ."orda~ senior citizen housi~ ~~~~h other public purposes 2IS are authoriz H!"~ 1ì'~?f[Ot31 WHl!R2M, the Governing.. Body has deter'mined that said use is tor a public purpose and will . ---. () ~ promote the pneral health and welfar. of the commm: 21M WHIIR Section '40A:12-5~~(~ of the Local NCTf,~~}~;,Jf~~¡jsHf New J ers ey Lands and BuildinCS Law. N.J. A:12·1 .t ::r (ULLBL"), en1Jr:::ItI'. municipalities to acqulr. r proper~ by Irect nesotllrtion le&dine to the pur- chase 0 said prOP.~ by condemnation should that ,be n.c~, . ver, In the case of a My CO!i~ri;-;SE;(¡j- ~X¡-;¡FC,; ~,tJV 2, 2006 municipality, such acquisition must be authorized U~"¡tod M~e. ~ ORDAIN.." by the May- - or and Council 0 the Borough of Carteret, as foUows: Sworn and subscribed before 8ECTION 1. The acqulsl1lon of that any and aU of the aforementioned parcel of real f:"Gper1y within the B.orouah of Car- me this R~ daYOf~ eret by any of the fonowing methods. (I) con.~tlon of a pUf'cha.. and sale con which Is the product of direct ~ations with the owners of ;L (X) . such ~ertles, (Ii) by a Sift, Fant. or contr on bði any owner of such properties, or iI~ bt condemnation of any such fcl'0S:: ~ hat Is c"ri~ out pursuant 0 . mlnentDomain Act IS herfi)y authorized and directed for the purposes of providing pubilc perk~ l::ft end pedestrian use In conjunction w h the development and recreation- al use and .,tyment of the 80r- o~'s new Wa rfront Park. and for suc ,other municlcal purposes as mfY be authorlZe<lbt aw. SEC110N 2. The .Borough A torney, and/or other Kathleen Barney, / lC ~'al legel counsel. are hereby au- .&. , orlzed and directed to perform or carr~ out or cause to be performed or Municipal Clerk carr ed out, any studies surveys tests, soundings. borings. ':fpraisals title searches and title refc0 reviewS as reas~bly necesSMY 0 determine the value of any of the properties. the O~ location and ~U"ltyOf any of the propertIes, en any environment.1 Ô ,. matters associated with any of the O· {fc0pert!esand to undet1:..... any ac- Ion necessary or ap~rlate to 8C- 1\uire the lIforementlo r"1 proper- e. SECTION 3. The Borough Attorney, and/or other special I::ft:' counsel. ara auttior~ to n.otl. wtth the ffoperty's own- e~and the ScI~ A orney,and10r o r special ~ counsel. are autho- rized to fife' an ptlrsue any condem· nation action. as necassary. SECTION 4. The Mayor and Borough Clerk and such other .0tficttrS as may -"- neces- ..ry are h....y autl'lorlHCI to under- take any actIOns and exec,,", and deliver any paper, form, or document necesSMY or appropriate to acquire said properties by any of the meth- ods set forth in Section 1 of this ordinance. SECTION I. All ordinances and/or parts of ordl- '-- nances Inconsistent herewith are re- pealed to tha extent of any such inconsistency. SECTtON e. This ordinance shall take effect upon Th to . publication ~ provided by law. . · r.,o"" ordinance was i tr d ed . ~f Council ofth. Boro':,J Ute at a meet· a. II;JOI wh 't 0 Cart.,..t held Readinlk The said ord~~ w~s adopted on First ered on Second Relidli1 WI" be further consid_ me~said Council 0 t~r :nal adoptIOn at a on _ 1" 2001 e oro~ of Cwt.ret Munll-i...., ,.._......,..~" !t I!Pproxlma elv 8!3111 PLt