File #: 14-0832    Version: 1 Name: Ordinance: Authorizing Easement Rights and Rescinding Previous Authorizations (103-109 Riverside Avenue - Block 725, Lots 1.01 and 1.02)
Type: Ordinance Status: Filed
File created: 6/2/2014 In control: Water Sewer Utility
On agenda: 11/17/2014 Final action: 12/17/2014
Title: ORDINANCE AUTHORIZING ACQUISITION OF EASEMENT RIGHTS IN PROPERTY LOCATED AT 103-109 RIVERSIDE AVENUE AND IDENTIFIED ON THE OFFICIAL TAX MAP OF THE CITY AS BLOCK 725, LOTS 1.01 AND 1.02 BY NEGOTIATED PURCHASE OR EMINENT DOMAIN IN ORDER TO INSTALL AND THEREAFTER MAINTAIN AND OPERATE COMBINED SEWER OVERFLOW IMPROVEMENTS AND RESCINDING PRIOR AUTHORIZATION TO ACQUIRE SUCH PROPERTY RIGHTS GRANTED UNDER ORDINANCE 6PSF-dD050113
Sponsors: Council of the Whole
Title
ORDINANCE AUTHORIZING ACQUISITION OF EASEMENT RIGHTS IN PROPERTY LOCATED AT 103-109 RIVERSIDE AVENUE AND IDENTIFIED ON THE OFFICIAL TAX MAP OF THE CITY AS BLOCK 725, LOTS 1.01 AND 1.02 BY NEGOTIATED PURCHASE OR EMINENT DOMAIN IN ORDER TO INSTALL AND THEREAFTER MAINTAIN AND OPERATE COMBINED SEWER OVERFLOW IMPROVEMENTS AND RESCINDING PRIOR AUTHORIZATION TO ACQUIRE SUCH PROPERTY RIGHTS GRANTED UNDER ORDINANCE 6PSF-dD050113

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WHEREAS, the City of Newark owns and operates a combined sewer system, which collects both domestic wastewater and stormwater runoff; and

WHEREAS, there are numerous combined sewer overflow ("CSO") points located throughout the City, which service areas and convey excess wet weather flow from the combined sewer overflow system to the waters of the State; and

WHEREAS, the City's combined sewer system and CSO points are located, in part, on or under privately-owned land; and

WHEREAS, in accordance with the New Jersey Pollutant Discharge Elimination System program, and pursuant to an Administrative Consent Order between the New Jersey Department of Environmental Protection (the "DEP") and the City, the DEP has mandated that the City construct certain improvements to its combined sewer system and CSO points (the "CSO Improvements" or the "CSO Improvements Project") within a prescribed timeframe in order to limit or eliminate the discharge of certain substances into the State's waters during times of excess storm water runoff; and

WHEREAS, the City's Department of Water and Sewer Utilities originally designed the CSO Improvements Project, so that the CSO Improvements would be located above-ground and, in so doing, identified the property rights that had to be acquired by the City in order to construct the above-ground project; and

WHEREAS, on January 19, 2005, the Municipal Council of the City of Newark (the "Municipal Council) adopted Ordinance 6S&FG (a copy of which is attached ...

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