Ordinance No. 14-10

Introduced: June 3, 2010
Public Hearing: June 24, 2010
Status: Adopted

An ordinance amending Ordinance No. 05-10 of the Township of Randolph regarding the acquisition of Block 195, Lot 25 (232 South Salem Street) located within the Township of Randolph from Alan C. Mackerley for municipal public purposes

WHEREAS, on May 6, 2010, the Township of Randolph (“Township”) adopted Ordinance No. 5-10, which authorized the execution of the Contract for Sale of Real Property by and between the Township of Randolph and Alan C. Mackerley, authorized the acquisition of the Property and authorized the expenditure of $150,000.00 from the Township of Randolph toward the purchase price with the remaining $200,000.00 of the purchase price to be funded through a Morris County Open Space Grant; and

WHEREAS, thereafter, the Township was informed that the Morris County Open Space Grant was limited to 56 percent of the total purchase price and therefore the total amount of the Morris County Open Space Grant will be $196,000.00; and

WHEREAS, accordingly, the portion of the purchase price to be funded by the Township will be increased from $150,000.00 to $154,000.00; and

WHEREAS, the Township desires to amend Ordinance No. 5-10 and the Contract for Sale of Real Property to provide that the acquisition of the Property will be funded by a Morris County Open Space Grant in the amount of $196,000.00 and contribution by the Township in the amount of $154,000.00.

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Township of Randolph, in the County of Morris, State of New Jersey, as follows:

SECTION 1. Ordinance No. 5-10 that was adopted by the Township of Randolph on May 6, 2010, which authorized the execution of the Contract for Sale of Real Property by and between the Township of Randolph and Alan C. Mackerley, authorized the acquisition of the Property and authorized the expenditure of One Hundred Fifty Thousand Dollars ($150,000.00) from the Township of Randolph toward the purchase price with the remaining Two Hundred Thousand Dollars ($200,000.00) of the purchase price to be funded through a Morris County Open Space Grant is hereby AMENDED to provide that the acquisition of the Property will be funded by a Morris County Open Space Grant in the reduced amount of One Hundred Ninety-Six Thousand Dollars ($196,000.00) and contribution by the Township in the increased amount of One Hundred Fifty-Four Thousand Dollars ($154,000.00).

SECTION 2. The Contract for Sale of Real Property by and between the Township of Randolph and Alan C. Mackerley shall be deemed amended according to Section 1 above. All other terms and conditions contained within Ordinance No. 5-10 and the Contract for Sale of Real Property remain unchanged and in effect.

SECTION 3. The appropriate Township of Randolph officials, its employees, professionals and agents are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this Ordinance.

SECTION 4. All ordinances of the Township of Randolph that are inconsistent with the provisions of this Ordinance are hereby repealed as to the extent of such inconsistency.

SECTION 5. If any subsection, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid in any Court of competent jurisdiction, such decision shall not affect the remaining portion of this Ordinance.

SECTION 6. This Ordinance shall take effect following final passage and publication in accordance with law.

ATTEST

_____________________________
Donna Marie Luciani, Township Clerk

TOWNSHIP OF RANDOLPH

_____________________________
Jay Alpert, Mayor

LEGAL NOTICE
TOWNSHIP OF RANDOLPH, COUNTY OF MORRIS
ORDINANCE NO. 14-10

NOTICE IS HEREBY GIVEN that an Ordinance entitled “An Ordinance Amending Ordinance No. 5-10 Of the Township of Randolph Regarding the Acquisition of Block 195, Lot 25 (232 South Salem Street) Located Within the Township of Randolph from Alan C. Mackerley for Municipal Public Purposes” was submitted in writing at a regular meeting of the Mayor and Council of the Township of Randolph, County of Morris, State of New Jersey, held on June 3, 2010 and was introduced, read by title and passed on first reading. A Statement of Purpose of the Ordinance is contained below. The Governing Body of the Township of Randolph will further consider the Ordinance for second reading and final passage thereof at their regular meeting to be held on June 24, 2010 at 7 p.m. prevailing time, at the Municipal Building, 502 Millbrook Avenue, Randolph, New Jersey 07869, at which time and place a public hearing will be heard thereon by the Governing Body and all parties in interest and citizens shall have an opportunity to be heard concerning said Ordinance.

Statement of Purpose of Ordinance

The purpose of this Ordinance is to amend Ordinance No. 5-10, which was adopted by the Township on May 6, 2010 and authorized the execution of a Contract for the acquisition of certain real property located within the Township of Randolph currently owned by Alan C. Mackerley, Sr. and identified as Block 195, Lot 25 on the Official Tax Map of the Township of Randolph for municipal public purposes, to be used for passive recreation, active recreation and open space preservation for the total price of $350,000.00. Ordinance No. 5-10 also authorized the acquisition of the Property and the expenditure of $150,000.00 from the Township of Randolph Open Space Funds and $200,000.00 of Morris County Open Space Grant Funds for the purchase of the Property. The current Ordinance amends Ordinance No. 5-10 with regard to the funding for the acquisition, specifically to reduce the Morris County Open Space Grant Funds from $200,000.00 to $196,000.00 and to increase the Township of Randolph Open Space Funds from $150,000.00 to $154,000.00.

A copy of the full Ordinance is available to any member of the general public, without cost, at the Township of Randolph, Municipal Building, Millbrook Avenue, Randolph, New Jersey, at the Office of the Township Clerk, between the hours of 8:30 a.m. and 4:30 p.m.

_____________________________
Donna Marie Luciani, Township Clerk
Township of Randolph
County of Morris, State of New Jersey