HomeMy Public PortalAboutordinance 04:24Councilman Presents the following Ordinance Seconded by Councilman
AN ORDINANCE AMENDING AND SUPPLEMENTING
ORDINANCE NO. 00-22, CREATING CHAPTER 183 OF THE CODE
OF THE BOROUGH OF CARTERET AND ESTABLISHING.
AN OPEN SPACE TRUST FUND
WHEREAS, on June 1, 2000, the governing body of the Borough of
Carteret (the "Borough") adopted Ordinance No. 00-22 establishing an
Open Space Trust Fund as authorized pursuant to N.J.S.A. 40:12-i5.1 et
seq.; and
WHEREAS, pursuant to Section 183-2A of the Ordinance, the Carteret
Open Space Trust Fund is to be funded through the dedication to the fund
of an amount of one cent ($0.01) per one hundred dollars ($I00.00) of
assessed valuation of each annual tax levy commencing with the year
2001; and
WHEREAS, as required by N.J.S.A. 40:12-15.7, the governing body
submitted to the voters of the Borough in the 2000 General Election a
proposition authorizing the imposition of the annual tax levy rate for the
purposes set forth in Ordinance No. 00-22; and
WHEREAS, at the November 7, 2000 General Election a majority of the
voters of the Borough approved the proposition authorizing the amount of
the levy for the purposes specified therein; and
WHEREAS, as a result of voter approval of said proposition, the
provisions of Ordinance No. 00-22, creating Chapter 183 of the Code of
the Borough of Carteret and establishing the Carteret Open Space Trust
Fund became effective and was implemented on January 1, 2001; and
WHEREAS, by Ordinance No. 02-16, adopted on August 15, 2002,
the governing body amended Chapter 183 to expand the purposes
for which funds deposited and accumulated in the Open Space Trust
Fund could be utilized as authorized by N.J.S.A. 40:12-15.7; and
WHEREAS, as required by N.J.S.A. 40: 12-15.7, a majority of the voters
at the November 5, 2002, General Election approved the proposition
authorizing the aforementioned amendment to Chapter 183;and
WHEREAS, the governing body has further determined that a greater
number of projects to improve the quality of the Borough's parks and create
and expand recreational opportunities for all of the Borough's residents could
be funded through the Open Space Trust Fund if the same was amended
to increase the annual assessment.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the
Borough of Carteret, County of Middlesex, State of New Jersey that
Ordinance No. 00-22, creating Chapter 183 of the Code of the Borough of
Carteret, and establishing the Carteret Open Space Dedication Fund, as
amended by Ordinance No. 02-16 as approved by the voters, shall be
amended and supplemented as follows:
Section 1. Section 183-2. Funding; Utilization of Funds shall be
deleted in its entirety and replaced with the following:
PAGE_2 of 2
NO. 04,24
A. The Carteret Open Space Trust Fund shall be funded
through the dedication to the fund of the amount raised through an armual
tax rate levy of three cents ($0.03) per one hundred dollars ($100.00) of
assessed valuation commencing with the year 2005 and thereafter. The
fund shall be permitted to accept additional donations and testamentary
bequests.
Section 2. The Municipal Clerk is hereby authorized and directed to
have submitted to the voters of the Borough in the general election next
following the adoption of this amendatory Ordinance a proposition
amending and supplementing the proposition previously submitted and
approved by the voters. The Municipal Clerk is to have the amending and
supplementing proposition required by this amendatory Ordinance and the
provisions of N.J.S.A. 40:12-15.7(d) submitted to the voters as a separate
and independent public question authorizing the change in the amount of
the tax rate levy set forth in Section 183-2A herein. Should the voters approve
the proposition, then the provisions of this amendatory Ordinance shall be
implemented as provided for herein. Should the voters fail to approve the proposition,
then the provisions of Ordinance No. 00-22 shall remain as previously
amended and approved.
Section 3. The Mayor and Municipal Clerk are hereby authorized to
execute such documents as may be required for the provisions of this
Ordinance to be submitted to the voters of the Borough as a public
question.
Section 4. Should the provisions of this amendatory Ordinance be
approved by the voters at the next general election, the same shall
be implemented effective January 1, 2005.
Section 5. All Ordinances and/or provisions thereof inconsistent with
the provision of this Ordinance shall be m~d are hereby repealed as to the
extent of any such inconsistencies.
Section 6. If any section, subsection, part, clause or phrase of this
Ordinance shall be declared invalid by judgment of any Court of
competent jurisdiction, the section, subsection, part, clause of phrase shall
be deemed to be sever able from the remainder of this Ordinance.
Section 7. Any provisions of this Ordinance that do not require voter
approval shall take effect upon passage and publication according to
applicable law.
DO NOT USE SP^CB BELOW THIS LINE ---.------
RECORD OF COUNCIL VOTE
X - Indicate Vote AB - Absen~ NV - No~ Voting XOR - Indica es Vote to Ov*rrul~ Veto
Adopted on first reading of the Council of the Borough of Carteret. N.J., on July 8, 2004
adin aRerhearin on J~Y 22, 2004
Adopted on second re g g ~/
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