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Home My Public Portal AboutOrd. 06-24 No. 106-24 Q)}ròimutt£ af t~£ lßaraug~ af ŒIart£rd ~L 31. Councilman Presents the following Ordinance Seea ded by CounciJman AN ORDINANCE TO AUTHORIZE TIJE ACQUISITION OF CERTAIN REAL PROPERT 'WITHIN THE BOROUGH OF CART ~RET WHEREAS, the Mayor and Council of the Borough ( Carteret ("Borough") has determined that a need exists to acquire the followin identified parcels of real property to be used for the construction of a Carom oity Health and Wellness Center and Public Pool, and associated amenities, and uch other public purposes as are authorized by law: ; and Bethlen Han House next to Bethlen Hall Block 192 L t 2 - 60 Cooke A venue Block 192 L t I - 52 Cooke Avenue WHEREAS, the Governing Body has detemlined th t said use is for a public purpose and will promote the general health and welfar of the community; and WHEREAS, Section 40A:12-5(a)(I) of the Local 1 nds and Buildings Law, NJ.S.A. 40A:12-1 et seq. ("LLBL"), empowers mu icipalities to acquire real property by direct negotiation leading to the purcha5 of said property, or by condemnation should that be necessary, however, in t e case of a municipality, such acquisition must be authorized by duly adopted or inance. NOW THEREFORE, BE IT ORDAINED, by the ayor and Council of the Borough of Carteret, as foHows: SECTION 1. The acquisition of that any and all of th 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 ne otiations with the owners of such properties, (ii) by a gift, gran, or contribution by any owner of such properties, or (iii) by c ndemnation of any such property that is carried out pursuant to t e Eminent Domain Act is hereby authorized and directed for the urposes of constructing a Community Health and Wellness Cen er and Public Pool, and associated amenities, and for such oth r municipal purposes as may be authorized by law. SECTION 2. The Borough Attomey, and/or other pecial legal counsel, are hereby authorized and directed to perf 01 I( or carry out or cause to be perfonned or carried out, any studies, surveys, tests, soundings, borings, appraisals, title searches am title report reviews as reasonably necessary to detennine the value of any of the properties, the location and quality of ny of the properties and any environmental matters associated VI ith 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 ecial legal counsel, are authorized to negotiate with the pro erty's owner, and the Borough Attorney, and/or other spe ial legal counsel, are authorized to file and pursue any ( ndemnation action, as necessary. NO. j,O~-74 PAGE 2 of 2 - - SECTION 4. The Mayor and Borough Clerk and s ch 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 propertie by any of the methods set forth in Section 1 of this ordinance. SECTION 5. All ordinances and/or parts of ordinan es inconsistent herewith are repealed to the extent of any such ince nsistency. SECTION 6. This ordinance shall take effect UpOl publication as provided by law. - - ----- IS LINE DO NOT U.sE SPACE BELOW -- RECORD OF COUNCI VOTE COUNCILMAN YES NO NV A.n. e -UNCILMAN YES NO NV A.n. BELLTNn X NAP ES x D{A7 X -.- X KR"u X SIT RZ X x . ItHJiçal<'; VOle AI3· Ab.~¡;I1! NV· Not Voting OR - ImJiullc5 VOle In Ovcrruk Vcw ~- - - Adopted on firsl rcading oflhc Council of the BtJruu¡.;h ofCarlcr t. N.J., tin Marc.h AU"P"U",""/ .. j"" /7 ;;ril O. 20~6 APPR VElo" L ///f.4 :""-éJ £/ MA yay 30. 2006 ON /V7 ...-/ '-¿1, -~ -k~. A . :.-. V MUNICIPAL CLEY , - AFFIDAVIT OF PU LICATION of an Ordinance of Carteret that appeared in the Home News Tribune, a newspaper which is printed in Freehold, N w Jersey and published in Neptune, in said County a d State and of general circulation in said county. ONE 1) times, once in each issue as follows: The following Resolution of IS a the true cop Borough or has April 4. 2006 rY..--:-J~ 0 &-v-.:~ Notary Pijþlic of Ne~v,} ersey NOTARY i'i· 'W JERSEY My Commif "y 2, 200~ Sworn and subscribed before me this GJb.t,. day of~ ~ oO~ .~ (j ¿)b-~'f 6ethlen Hall Block 192 Lot 2-60 Cooke Avenue House next t &tock 192 Lot 1 Bethlen Hall 52 Cooke Avenue WHEREAS. the Go rnint Body has determined that said use is fo a public purpose and, will promote the gener health and welfare of-, tHe comm,!njty; anCl , WHEREAS, Section 4OA:12-5(aXD of the LocalSEc;TION 3. The Borough Attorney, and/or. other Lands and Buildings 8W, NJ.5A 4oA:12-1 at seq. -special Iegal.counsel. are 8utt;aonzed to ("LLBl"). empowers munlc:lpelitles to acquire real negotiate with the property s owner. property by direct otiation leadinB to the pur- illiêl the Borough Attorney. and/or chase of said pro . or by condamnation should other special "'1 counsllll:, are autho- that, ba neca~, r, In the case of a nzed to flta and pursue any condemna- munICipality, sueh quisitlon must be authorized tion i!lÇtlon, as necessary. and h by duly ado~ord anca. SECTION 4. The May_or and Borouah cterk, sue NOW TlI_ IT ORDAINED. by the May- other officers as me)'òe ~ are or and CouncH 0 e Borough of Carteret, as hareby authoriZed to undertake any 8C- follows: tions and execute and deliver any pit- SECTION 1. The acq Isttion of that any and all of per, form, or docul'!'en~::essaryfo~ the afo ementioned parcel of real appropriate 50 acqUtre a prof ~ I~ property within- the Borouch of Carter- by any of thf,l ~ ~ 0 n et by an of the following methods, (I) Section 1 of thts onlir*"M:e., condem tion of a purchasa and salitSECTlON 5. All ordinances end/or p~ of ord.. contaçt ich, is the product of diract nanees int:onst&t1mt hernt..., ... re- negottatl ns with the owners of iIOuch pealed to the eXtent of any such In- propertl ,(ii) by a gift, r.ant, Of" con- consistency_ , trlbutlon ?X ány owner 0 such proper- SECTION 6. This ordfNince ~ take .rfec:t upon ties, or Nt) by condemnation of any publication as provIdeØ by blw. such pr qr that 1$ carried out pur- The forq:oi!'IB ordinance was Introduced at a meet- suantto the eminent Domain ACt is inK of the Council of the Borough of Carterat' hF.eI~ hereby a thorized. and.directe_cI for the Mar'ch 30 2006 when It was adopted on Irs purpose of construc!tnc a Cõmmu~ Reading. The said ordinance will be further consld- Health W.llness Ceriter and PubliC ered on Second Readln& for' final adoption at a Pool,' an associated amenities, and meetinK of said Council 01' the 80roulÛl of cap"",'" for such other muntc¡p.1 purposes as at approximatety 6:30 P.M.. MunlclpaT Court/ 0N~. may be thorlzed by law. Facilities. 230 Roosevelt Avenue, Cart.,.~, ew SECTION 2. The Bor Attorney, and/or Qther Jersey at which time and place all persons mterest- special I counsel, are hereby au- ad wIll be Rivenl!iß:rtunlty to be heard. thorlzed and directed to perform or KATHLIINII. carry ou or cause to be performed or c.tIItMI....nIcfptI carried ut, any studIes, surveys, (187,12) 147M tests, s ndlngs, borings, arpraisals, title sear hes and tlUe repor reviews as reaso ably necessary to determine the value of any of the properties, the location d quality of ary of the prop- erties an any environmentai matters associat with any of the properties and to rtake any acti9n nece~ :e~t:g~o r~~~ ~~o~:W~~~ the afore~ AFFIDA VIT OF PU LICATION The following is a true cop of an Ordinance or Resolution of the Borough f Carteret that has appeared in the Home News Tribune, a newspaper which is printed in Freehold, N w Jersey and published in Neptune, in said County an State and of general circulation in said county. One 1 times, once in each issue as follows: April 25, 2006 _~O~ Notary Public of New Jersey LI~<~::'-:/\·'\. ~nn:!RA NOT.d"· . , "::RSEY MVCon.......... ~. . ..,2, 20e: Sworn and subscribed before me this :2~ day of ~I .;t co Ie ~.! athleen Barney, RMCL unicipal Clerk \ IIIIOUGH Of CM1EII£T '1'S!!Bt ~ OF IlEAL WITHIN THE IIORO OF CARTEIIET =to'1~ --: II.~ J 1OecI: M.rch 30, 2006 AdnrtlMd .. IICI~'" on ~ IW!IØnI willi no- _oI~_: m' 4, 2006 _. April ,2OOi =:O:n~ J. Reiman AdnrtlMcl .. tIn.11y A':''\f~' 2006 KATHUIiii M.._, MUNICIPAL CLERK ~.7f _74 \ ' U . ¡.f 6 b -;; BOROUGH Of CARTERET ORDINANCE #06·24 AN ORDINANCE TO AUTHORIZE THE AQUISITION OF CERTAIN REAL PROPERTY WITHIN THE BORO OF CARTERET Ap)roved and Adopted: April 20, 2006 Introduced: March 3D, 2006 Advertised as adopted on first reading witli no- tice 01 Public Aearing: April 4, 2006 ~~~fi~B. ~~'g~ Aopt'"oved By; Mayor Daniel J. Reiman Advertised as finally :~rt;~,: 2006 ~THLEEN M. BARNEY, MUNICIPAL CLERK ($12.76) 46574