Title
ORDINANCE AUTHORIZING ACQUISITION OF EASEMENT RIGHTS IN PROPERTIES LOCATED AT 152 PASSAIC STREET (BLOCK 437, LOT 1), 112-150 PASSAIC STREET (BLOCK 519, LOT 2) AND 87-101 RIVERSIDE AVENUE (BLOCK 674, LOT 5) BY NEGOTIATED PURCHASE OR EMINENT DOMAIN IN ORDER TO INSTALL AND THEREAFTER MAINTAIN AND OPERATE COMBINED SEWER OVERFLOW IMPROVEMENTS ON THE PROPERTIES
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WHEREAS, the City of Newark owns and operates a combined sewer system which collects both domestic wastewater and storm water 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, in accordance with the New Jersey Pollutant Discharge Elimination System (“NJPDES”), the New Jersey Department of Environmental Protection has mandated that the City construct fifteen (15) new combined sewer overflow facilities (either netting or screening), of which eleven (11) have been constructed or are under construction, in order to collect floatables and solids which would otherwise enter into the waters of the State (the “CSO Improvements Project”); 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 within the City that had to be acquired in order to construct the CSO Improvements Project; and
WHEREAS, on January 19, 2005, the Municipal Council of the City of Newark (the “Municipal Council) adopted Ordinance 6PhS&FG 011905 authorizing the Director of the Department of Economic and Housing Development to acquire the property rights determined to be necessary for the CSO Improvements Project as identified within the ordinance by negotiated purchase or eminent domain for the amounts set forth therein; and
WHEREAS, the properties located at 152 Passaic St...
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