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Home My Public Portal AboutOrd. 06-13 No. 06-13 ®r úimm.cc af t4c lßaraug4 af QIztrtcrd, ~ + 3J + 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 determined that a need exists to acquire the following identified parcels of real property to be used in furtherance of the Borough's redevelopment projects and programs and/or for public parking and such other public purposes as are authorized by law: STREET ADDRESS BLOCK/LOT 211 Roosevelt Avenue 215 Roosevelt Avenue 1 Washington Avenue Block 222; Lot 17 Block 222; Lot 16 Block 222; Lot 15 WHEREAS, the Governing Body has deterrnined 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)(I) 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 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 provided for herein, and for such other municipal purposes as may be authorized by law. SECTION 2. The Borough Attomey, and/or other special legal counsel, are hereby authorized and directed to perfonn or carry out or cause to be perfonl1ed or carried out, any studies, surveys, tests, soundings, borings, appraisals, title searches and title report reviews as reasonably necessary to detemline the value of any of the properties, the location and quality of any of the properties and any envirolllilental 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 hereby 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 06-13 PAGE 7 -- 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, [onn, or document necessary or appropriate to acquire said properties by any of the methods set forth in Section 1 of this ordinance. DO NOT USE SPACE BELOW THIS LINE COUNCILMAN RECORD OF COUNCIL VOTE YES NO NY A.B. COUNCILMAN YES NO NV A.B. BELLm::> D x X RIDS X X x - Indicate VOlt AB - Absent NV - Not Voting XOR· Indicau::s Vot<:!O Overrule: V¡::!O Adopted on first reading of the Council of the Borough of Can ere! , N ,J., on Adopted on second readi on M3rch 2, 2006 Februarv 16, 7006 MAYOR AFFIDAVIT OF PUBLICATION The following Resolution of of an Ordinance of Carteret that 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: IIOIIIUIIOFCM1ERET IS the true copy Borough a February 21. 2006 ~~~. WlI~. t . ayõr~the BOfOUlh of C.rteret ("Øorough") has determined that . need .:KIstt to Kqulre the following. identified par- cels of real p'roperty to be used In furtherance 01 the Bo",ous;'. redevelopment projects and pro- .,.ams emf/or for public parklna and such other ~~.lrIlE.. are ~ law: 211 Roosevelt Avenue Bloek 222; L.ot 17 215 Rooøv.,1t Avenue BlocfI: 222; lot 16 1 Wnhinaton Avenue Bklck 222; Lot 15 WHEMM, the Governine Body has d.t.rm~ that said use Is for a public purpose and will promQte the ..nerat health and welter. of the community; and WHEREAI, Section 4OA:12·5<aXl) of the Local LaQd!s 2Ind Buildings Law, N.J.SA 4OA;12-1 et s~ ("LlBL"), emJlowers rmmlclpalities to acquir. real ~h~:~' ~1ct :r~~p~~~~~~a~~~~~~aWo~h~g~íd that be necessary, however, in the ~ase of a munj~ipality, su~h a~qulsltion must be authorized by dul1'. adopted ordinance. NOW THEREFORE .. IT OIIDAINED, by the May- or and Council 01 the Boroueh of Carteret, as follows: SECTION 1. The acquisition of that any and all of the aforementiqned parcel of real r.:operty wIthin the Borough of Car* eret by any of the following methods, (i) consummation of a purchase and sale contact which Is the prodl,lct of direct nqotiatlons with the owners of such p'rol?i!lf1ies, (Ii) by a 11ft, grant, or contribution by any own..,. 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 provided for herein. and for such other munlcipel purposes as' may be authorized by law. SECTION 2. The Borougt't Attorney, and/or other special lelal counsel, are hereby au- thorized and directed to perform or carr~ out or cause to be performed or cerfled out; any st~dies, surveys, tests, SQundinp, ~flng$, appraisals, title searches and title report reviews as reasonably necessary to determine the value of any of the properties, the location and quality of any of the properties and any environmental matters associated with any of the properties and to undertake any ac* tlo.n necessary or approsriate, to ac- ~~~e the aforemeotlone real proper- SECTION 3. The Borough Attorney, and/or other special. legal counsel, are hereby au- thorized to ....otj.te with the proper- ty's owner, and the Borouth Attor- ~~~nse,~~~r .~~t::rze~P1~1~~lel~~ pursue any condemnation action, as SECTION 4. 'ì-~:s~~:or' and Borouøh Clerk and such ot"'er officers as may be neces- sary are hereby authorized to under- take any actions and execute and deliver any paper, form, or cIocument necessary or appropriate to acquire said properties by any of the meth- ods set forth in Section 1 of thi$ ordinance. Theforegoi!1j: Ordinance WM intredt;~ at a me.t- ing of the Council of the Borough of Cart.ret held Feòr~ary 16, 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 Councii of the Borowzt¡ of Carteret on ~~ch 2, 2006 at approxlmatè'1y 6:30 P.M., MUnicipal Court/police Facility, 230 Roosevelt Ave- nue, Carteret, N~ Jet'seO at which time and place ~I C:~~~~d!J!terested wi be given an opportunity ~N M.IIAfI~~ (184.48) MunIcIp.r ~(j'~ Notary Public of New Jersey Sworn and subscribed before - me thìs,;23,~ day of ¡- ~) .;L CDt., I -- or has " ~ ,/ BOROUGH OF CARTERET ORDINANCE #06-13 AN ORDINANCE TO AUTHORIZE THE ACQUISI- TION OF CERTAIN REAL PROPERTY WITHIN THE BOROUGH OF CARTEAET WHEREAS, the Mayor and Counçjl of the Borough of Carteret ("Borough") has determined that a need exists to acquire the following identified par- cels of real property to be used in, furtherance of the Borough's redevelopment projects and pro- grams and/or for public ~arkin~ and such other ~T~~Elí-UTDORÈSS are BU(OC~}lo~ law: 211 Roosevelt Avenue Block 222; Lot 17 215 Roosevelt Avenue Block 222, Lot 16 1 Washington Avenue Block 222; Lot 15 4 WHEREAS, the Governing Body has determined that said use is for a public purpose and will promote the general health and welfare 01 the WHERËJt~,; 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 Wo~ltHa~ÅE~egAE'".d~Eïi-ebRDAINED, by the May- or and Council of the Borough of Carteret, as follows: SECTION 1. The acquisition of that any and alt 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 properties. (iI) by a gift, grant, or ~~~~~~¡~~~~r bJ¡i)a~: c~;-:dnee~n~fti;~~~ ~~;s~~~~ f~~~~r~~~~~ts 8~~~1~ ~~~ is hereby authorized and directed for the purposes provided for herein, and for such other municipal purposes as may be authorized by law. SECTION 2. The Borough Attorney, andlor other special legal counsel, are hereby ðU- thorized and directed to perform or cðrry out or cause to be performed or carried out; ðny studies, surveys, tests, soundings, borings, appraisals, title seðrches 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 other special legal counsel, are hereby au- thorized to negotiate wIth the proper- ty's owner, and the Borou~h Attor- ney, andlor other spec!al legal counsel, are authorized to file and pursue any condemnation 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. The foregoing ordinance was introduced at a meet- ing of the Council of the Borough of Carteret held February 16, 2006. when It was adopted on first Reading. The said ordinance will be further consid- ered on Second Reading for final adoption at a ~nee~~~Chf 2~id 2~Ö6nc~~ O~¿h:o~i~~re~~ °J:~ôrW.r~~ Municipal Court/police Faciffty, 230 Roosevelt Ave~ nue. Carteret. New JerseK at which time and place ~~ g:r~~~;d~nterested wi be given an opportunity KATHLEEN M. BARNEY, Certified Municipal Clerk ($84.48) 30844 \~" ^í AFFIDAVIT OF PUBLICATION The following is a true copy of an Ordinance or Resolution of the Borough of Carteret that has appeared in the Borne 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. On" (1) times, once in each issue as follows: March 7. 2006 c~~ 0.. ~ Notary Public of New Jersey Kathleen Barney, RlYI Municipal Clerk Sworn and subscribed before me this PÂÁ day of h c.vvc4 I d.-aJ.t. ,. ....,,, CMIBIEr rÐrIJ.¥t~ fD!Ji !!'.!œh~,·iooo F~~ ~. r ".I .. ........ ::..,,~~ FebrUa?'K~ ::~,.~- ~FJ~::AYOR .t"ri~~ .. nnelfr ~. ~AI,~' -. ()- 0&/3 BOROUGH Of CARTERET ORDINANCE# 06-13 AN ORDINANCE TO AU· THORIZE THE ACQUISI- TION OF CERTAIN RE- AL PROPERTY WITHIN THE BOROUGH OF CARTERET APPROVED AND ADOPTED: March 2, 2006 INTRODUCED: February 16, 2006 Advertised .s adopted on first reading with no- tice of Public Hearing: February 21, 2006 ~:~~i~~,H;~,& ~î~f~L~~ R~IYJA:::AYOR Advertised as finally adopted: March 7, 2006 KATHLEEN M. BARNEY, MUNICIPAL CLERK ($13.20) 44509