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No.
OQ-iQ
Do" or Adopltoo January 15, 2009
RESOLUTION RECOMMENDING AMENDMENT TO N.J.S.A. 40:54-8
REGARDING TAX LEVIES FOR FREE PUBLIC LIBRARIES
WHEREAS, N.J.S.AAO:54-8 requires the Governing Body of every municipality which
is governed by the law concemlng free public libraries to annually appropriate, and raise
by taxation, an amount equal to one third of a mill on every dollar of assessable property
within the municipality, based on the equalized valuation of such property; and
WHEREAS, this law was fIrst enacted in 1944 and has only been amended once, that
being in 1985; and
\VHEREAS, the last amendment was over 23 years ago, and the initial law is now 64
years old; and
WHEREAS, the equalized value of property within New JerseY' in 1944, as well as in
1985, was substantially less than the equalized value of property today, considering the
rate of inflation and the boom in real estate market in the mid-ta-Iate 80's and again in
the early-to- mid 2000's; and
WHEREAS, though the equalized values of real estate have increased many times over-
perhaps as much as 50 times the equalized values in 1944, and as much as two or three-
fold since 1985-the state law (40:54-8) has not changed the fractional obligation of each
municipality to contribute toward its free public library; and
WHEREAS, the amount each municipality is required to contribute under the current
statute far exceeds the reasonable needs and requirements of the free public libraries in
the municipalities governed by this law.
NO. OQ-iQ
PAG" 2 of 2
NOW, THEREFORE, BE IT RESOLVED that the Borough of Carteret hereby urges
the Legislature to revise the statutory requirements, in order .to reduce the mandated
financial obligation on the municipalities and their taxpayers under 40:54:8; and
BE IT FURTHER RESOLVED, that the Borough of Carteret urges that N.J.S.A. 40:54-
8 be amended to read as follows:
"The governing body or appropriate board of every municipality governed by this article
shall annually appropriate and raise by taxation an amount of not less than one-sixth of a
mill on every dollar of assessable property within such municipality based on the
equalized valuation of such property as certified by the Director of the Division of
Taxation in the Department ofthe Treasury. Notbing herein shall prevent the
municipality from appropriating a greater amount where the govenVng body, in its
discretion, determines that such amount is appropriate," and
BE IT FURTHER RESOLVED that copies of this resolution be forwarded to Senator
Joseph F. Vitale, Assembly John S. Wisniewski and Assembly Joseph Vas, the New
Jersey State League of Municipalities and the Governor ofthe State of New Jersey.
Adopted this 15th day of January, 2009 and
certified as a true copy of the original on
January 16th, 2009.
KATHLEEN M. BARNEY, MMC
Municipal Clerk
B
COLON
DIAZ
RECORD OF COUNCIL VOTE'
NO NY A.B. .COUNCILMAN
YES NO NV A.D.
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X
K U
NAPlES
SITARZ
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x - Indicate Vote AS - Absent NV - Not Vot,'"g XOR I d'
" - n Icatc.sVoteloOverruleVcln
Adopted at a meeting of the Municipal Council
. J ~ Januar 15 2009
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