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No. #05-306
Date of Adoption OctQQe1:" 27, 2005'
OPPOSING EXCLUSION OF STATE FROM CAP LAW
"GOOSE AND THE GANDER"
WHEREAS, N.J.S.A.40lA:4-45 et seq. declares that it is the policy of the legislature
that spiraling costs of local government must be controlled to protect the homeowners of
the State and enable them to maintain their homesteads; and
WHEREAS, N.J.S.A. 40A:4-45.2 prohibits Counties and Municipalities from increasing
their final appropriations by more than 2.5% or the cost-of-living adjustment, whichever
is less, over the previous year's appropriations, which is referred to as the "CAP Law";
and
WHEREAS, NJ.S.A. 40A:4-45.2 sets forth the items of appropriations that must be
included in the "CAP" which include amounts of revenue generated by an increase in
assessments; amounts approved by referendum, expenditures for the assumption of any
service or function of a local public utility; and
WHEREAS, local elected officials are extremely aware of the burden imposed upon
their taxpayers and exercise appropriate fiscal and community responsibility in the
adoption oftheir respective budgets; and
WHEREAS, the State if New Jersey govemment does not have the same or similar law
limiting how its budget increases from year-to-year, or does the State have a "CAP Law"
to limit its appropriations; and
WHEREAS, without limitations on the amoLlnt the Govelmnent of the State of New
" Jersey may increase its budget, taxpayers are vulnerable to rising tax burdens in every
year; and
WHEREAS, in the spirit of tax relief, the State of New Jel'sey should voluntarily subject
itself to the same financial controls that it has imposed on Municipalities, Counties,
Authorities and School Districts.
NOW, THEREFORE, BE RESOLVED by the Mayor and Council of the Borough of
Carteret, County of Middlesex, State of New Jersey as fol1ows:
1. It requests that legislation be enacted to impose limits on the annual
New Jersey Budget to include spending limitations comparable to
those required of Municipalities, Counties, Authorities and School
Districts; and
2. A certified copy of this resolution be forwarded to Acting Govemor
Codey; the rcpresentati yes of the 19th legislative district and Middlesex
County Board of Chosen Freeholders.
Adopted this 27th day of October, 2005
and certified as a .true copy of the
original on October 28, 2005.
LINDA A. RIVERA
Assistant Municipal Clerk
KATHLEEN M. BARNEY, RMCICMC
Municipal Clerk
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RECORD OF COUNCIL VOTE
COUNCILMAN YES NO NV A.n. COUNCILMAN YES NO NV ,~
A.n.
BELLINO X NAPLES X
DIAZ X RIOS X
-- --
KRUM X C::TTAV7 X
---- ---
x - Indicate Vote AB - Absent NY - Not Voting XOR - Indicates Vote to Overrule Veto
",...
Adoptcd at a meeting of the Municjpt:d Council October 27,
2005
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CLERK