Ordinance No. 19-12

Introduced: June 24, 2019
Public Hearing: July 8, 2019
Status: Adopted

An Ordinance of the Township of Vernon, County of Sussex, State of New Jersey, Amending Ordinance #16-17 Authorizing Purchase of Real Property Commonly Known as 9 Wisteria Court and Identified as Lot 2, Block 92 on the Tax Map of the Township of Vernon

WHEREAS, the Township of Vernon has an opportunity to purchase certain real property located within the municipal boundaries, more specifically Lot 2, Block 92 also known as 9 Wisteria Court (“Property”), which Property will be used for open space purposes and to facilitate a trail system, including a bike trail; and

WHEREAS, Classiclake Enterprises, LLC is the owner of record of the Property and has agreed to accept $70,000.00 as the purchase price; and

WHEREAS, the Township Council previously authorized the expenditure of up to $35,000.00 from the Open Space Fund to be used to acquire the Property; and

WHEREAS, the Land Conservancy of New Jersey previously agreed to contribute $35,000.00 towards the purchase price by way of reimbursement to the Township making it possible for the Township to acquire the Property; and

WHEREAS, the Township Council previously passed Ordinance #16-17 authorizing the Township to acquire the Property for the sum of $70,000.00, with $35,000.00 being reimbursed to the Township by the Land Conservancy of New Jersey; and

WHEREAS, the funds from the Land Conservancy of New Jersey are no longer available. However, the Township has determined that is in the best interest of the Township to purchase the Property and funds are available to acquire the Property; and

WHEREAS, pursuant to N.J.S.A. 40A:12-1, et. seq., the acquisition of real property by a municipality must be done by way of ordinance.

NOW, THEREFORE, BE IT ORDAINED by the Township Council of the Township of Vernon, County of Sussex, State of New Jersey, that:

SECTION 1

  1. The Township is authorized to acquire Lot 2, Block 92 also known as 9 Wisteria Court from Classiclake Enterprises, LLC for the sum of $70,000.00. Ordinance #16-17 is hereby amended to allow the Township to use up to $70,000.00 from the Open Space Fund to pay the full purchase price for the Property.
  2. The Mayor is hereby authorized to execute any and all documents necessary in order to effectuate the foregoing transfer of land, and the CFO is directed to issue payment in accordance with this Ordinance at closing upon provision of Certificate of Funds.

SECTION 2 Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity of constitutionality of any other sections or parts thereof.

SECTION 3 Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed as to their inconsistencies only.

SECTION 4 This Ordinance shall take effect immediately as provided by law.