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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 ~/ --, / /