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ORDINANCE 2015-23 Authorize Auction of Annual Taxi License

ADOPTED: October 13, 2015

AN ORDINANCE PROVIDING FOR AUCTION OF ONE ANNUAL TAXI/AUTOCAB OWNER’S LICENSE IN THE BOROUGH OF POINT PLEASANT BEACH, COUNTY OF OCEAN AND STATE OF NEW JERSEY

WHEREAS, the Governing Body of the Borough of Point Pleasant Beach (hereinafter “Borough”) has, by Ordinance, established the total number of annual taxi/autocab licenses in the Borough at three; and
WHEREAS, the Borough has one annual autocab/taxi annual owner’s license available; and
WHEREAS, the Borough seeks to award this license to the highest bidder pursuant to N.J.S.A. 48:16-2.3;
NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Borough of Point Pleasant Beach, County of Ocean, State of New Jersey, as follows:

SECTION I

A. The Borough is hereby authorized to conduct a public auction to sell one annual owner’s taxi/autocab license, by sealed bids received in Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey 08742.

B. The Municipal Clerk is authorized to advertise for sale of the license in accordance with N.J.S.A. 48:16-2.1, et seq. Such licenses shall be offered for sale at public auction, after advertising thereof in the Ocean Star and Asbury Park Press.

C. All individuals wishing to bid must complete the application for the license required by the Ordinances of the Borough of Point Pleasant Beach and return the application with the bid in a sealed envelope. Only applicants who meet the requirements imposed by statute, ordinance, or other governing law, will have their bids considered.

D. The minimum bid is $7,500.00. The license to be sold is one of three annual licenses sold by the Borough. The Borough may increase or decrease the number of licenses at any time. The Borough also issues Seasonal taxi/autocab owner’s licenses.

E. Ten (10) percent of the minimum bid price shall be paid to the Municipal Clerk by teller’s or certified check at the conclusion of the bidding. The balance shall be paid within seventy two (72) hours of the later of (1) council resolution accepting a bid and (2) issuance of an owner's license pursuant to this chapter. The Municipal Council reserves the right to reject all bids where the highest bid is not accepted.

F. The license to be sold will initially be valid from the date it is issued until December 31, 2015. The license can be renewed annually.

G. Any license sold pursuant this ordinance may not be transferred within two years after sale unless such transfer is approved on the basis of death, disability, serious illness or severe financial hardship by resolution of the Municipal Council.

H. The recipient of a taxi license issued pursuant to this Ordinance, as a condition of the award of such license, shall reimburse the municipality for any costs incurred by the municipality in complying with the public notice requirements established pursuant to section 1 of P.L.2011, c.135 (C.48:16-2.1).


SECTION II
In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.

SECTION III

This Ordinance shall take effect immediately upon its final passage and publication as required by law.

SECTION IV

The Borough Clerk is hereby directed, upon adoption of the Ordinance after public hearing thereon, to publish notice of the passage thereof and to file a copy of this Ordinance as finally adopted as required by New Jersey law.
NOTICE
TAKE NOTICE that the foregoing ordinance was introduced and passed on first reading at a regular meeting of the Mayor and Council of the Borough of Point Pleasant Beach held on the 29th day of September, 2015 and will be further considered upon second reading for final passage at a regular meeting of the said Mayor and Council to be held on the Tuesday, the 13th day of October, 2015, at the Point Pleasant Beach Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey, at 7:30 p.m., or as soon thereafter as the matter may be reached, at which time and place any person desiring to be heard thereon will be given such opportunity.

__________
______________________________
EILEEN A. FARRELL, RMC
Municipal Clerk


Published September29, 2015 | New Ordinances | 2181


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