HomeMy Public PortalAboutOrdinance 00:22No. _00-22 ]~[f t[~
Muncihnan __ Plesenls l[le following (hdinance Seconded by Councihnan
AN ORDINANCE CREATING CHAPTER 183 OF THE CODE OF THE
BOROUGH OF CARTERET AND ESTABLISHING AN
OPEN SPACE TRUST FUND
WHEREAS, the Mayor and Council of the Borough of Carteret ("the Borough") has
determined a need to insure adequate open space exists within the Borough for the
enjoyment of generations to come; and
WHEREAS, the Mayor and Council have determined that in order to meet said need
it may be necessary to acquire land or development rights; and
WHEREAS, the Mayor and Council believe that the acquisition of said lands or
development rights are in the best interest of the public welfare.
NOW, THEREFORE BE IT ORDAINED that by the Mayor and Council of the
Borough of Carteret that there shall be created a new Chapter of the Code of the
Borough of Carteret, which shall be designated Chapter 183 and titled "Open Space
Trust Fund".
BE IT FURTHER ORDAINED that Chapter 183 OPEN SPACE TRUST FUND shall
read in its entirety as follows:
183-1 ESTABLISHMENT
There is hereby established an account which shall be known and designated as the
· ' nd"
"Carteret Open Space Ded~caUon Fu which shall be maintained in accordance with
N.J.S.A. 40A:4-! and 40A:5-1, as amended and revised from time to time.
183-2 FUNDING UTILIZATION OF FUNDS
A. The Carteret Open Space Trust Fund shall be funded through the dedication to the
fund of an amount of one cent ($0.01) per one hundred dollars ($100.00) of assessed
valuation of each annual tax levy commencing with the year 2001. The fund shall be
permitted to accept donations and testamentary bequests.
B. The funds accumulated within the trust fund may be utilized only for the acquisition
of land or development rights in land for active or passive recreation, including
appraisals, and other items of expense permitted by law in connection with the
acquisition or as down payment for the issuance of bonds for the same purpose at the
discretion of the Mayor and Council. The Mayor and Council are to determine the
properties or development rights to be acquired by gift, purchase, or by eminent domain
proceedings, pursuant to the N.J.S.A. 20:31 et seq. within the financial ccnstraints it
establishes.
183-3 SALE OF ACQUIRED PROPERTY
No property acquired with these funds from the Carteret Open Space Trust Fund shall
be leased or sold until the sale or lease of said property has been approved by the voters
at referendum.
"· NO 00-22
PAGE 2
183-4 EFFECTIVE DATE
This Ordinance shall be effective January 1, 2001 provided the Public Question
establishing this Carteret Open Space Trust Fund is approved by voters at referendum
BE ,IT, FURTHER ORDAINED that the Municipal Clerk be and is hereby authorized
to place this ordinance on the ballot as a public question at the general election next
following its adoption.
BE, IT FURTHER ORDAINED that the Mayor and Municipal Clerk are hereby
authorized to execute such documents as are necessary for this ordinance to be placed
before the citizens of Carteret as a public question.
DO NOT USE SPACE III:A,OW Tills LINE
RECORD OF COUNCIL VOTE
CRILLEY QUINONES
FAZEKAS SANTORO
O ' BRIEN _ _ SOHAYDA
X - Indicate Vole AB - Abscn[ NV - Not Voling XOR - Indicalcs Vt)lc tt~ Overrule Veto
Adoplcd on first reading of thc Council of the Borough of Cartcret, N.J., on MAY 18, 2000
Adopted Oll second reading after hearing on JUNE 1, 2000
ON £~.
M U'NfCIPAL CLERK