Hoboken
NJ

CC - Ordinance
19-509
1st Reading
Jun 19, 2019 7:00 PM

An Ordinance Approving a Voter Referendum Regarding the City of Hoboken Municipal Open Space, Recreation, and Conservation Trust Fund to Increase Funding for Park Development

Information

Department:Environmental ServicesSponsors:
Category:First Reading

Body

WHEREAS, the voters of the City of Hoboken approved by overwhelming majority a referendum on November 6, 2007 which authorized the creation by the City Council of a Municipal Open Space, Recreation and Conservation Trust Fund pursuant to N.J.S.A. 40:12-15.7; and,

WHEREAS, the City of Hoboken established the Municipal Open Space, Recreation and Conservation Trust Fund (“Trust Fund”) by ordinance on January 1, 2008; and,

WHEREAS, funds from the Trust Fund may, as directed by the Mayor and City Council, be utilized exclusively for the following purposes:

a)              Acquisition of said lands, improved or unimproved, exclusively for recreation and conservation purposes;

b)              Development of said lands for recreation and conservation purposes;

c)              Payment of debt service on indebtedness issued or incurred by the City of Hoboken for the purposes set forth above;

PROVIDED HOWEVER, that a minimum of 75% of the annual amount raised by the Trust Fund shall be utilized for the acquisition of lands for recreation and conservation purposes, or the payment of debt service on indebtedness issued or incurred by the City of Hoboken for the acquisition of said lands.”

WHEREAS, the City of Hoboken has added 11 acres of new parkland since 2010 per the City of Hoboken Master Plan Land Use Element and increased the City’s park acreage ratio from 0.78 to 0.97 acres per 1,000 residents; and,

WHEREAS, this increase in park acreage has decreased the remaining parkland available for acquisition and created the need for additional funding for park development; and,

WHEREAS, pursuant to N.J.S.A. 40:12-15.7(d), the governing body may amend or supplement a proposition previously submitted, approved, and implemented; and,

WHEREAS, the City Council supports allowing the public to decide upon increasing the amount of funding available for park development via referendum.

NOW, THEREFORE, the City Council of the City of Hoboken does hereby Ordain as follows (additions noted in underline, deletions noted in strikethrough):

SECTION ONEREFERENDUM QUESTIONS

The following question shall be asked via referendum to the registered voters of Hoboken on November 5, 2019:

The City of Hoboken established the Municipal Open Space, Recreation and Conservation Trust Fund (“Trust Fund”) by ordinance on January 1, 2008 following a referendum on November 6, 2007. A minimum of 75% of the annual amount raised by the Trust Fund is utilized for the acquisition of lands for recreation and conservation purposes, or the payment of debt service on indebtedness issued or incurred by the City of Hoboken for the acquisition of said lands.

Shall the Trust Fund be amended so that a minimum of 75% of the amount raised by the Trust Fund be utilized for the acquisition or development of lands for recreation and conservation purposes, and for the payment of debt service on indebtedness issued or incurred by the City of Hoboken for these purposes?

SECTION TWO: REPEAL OF INCONSISTENT PROVISIONS

All ordinances or parts thereof in conflict or inconsistent with this Ordinance are hereby repealed, but only to the extent of such conflict or inconsistency, it being the legislative intent that all such ordinances or part of ordinances now existing or in effect unless the same are in conflict or inconsistent with any provision of this Ordinance shall remain in effect.

SECTION THREE: SEVERABILITY

The provisions of this Ordinance are declared to be severable and if any section, subsection, sentence, clause or phrase thereof for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this Ordinance, but shall remaining in effect; it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.

SECTION FOUR:  EFFECTIVE DATE

This Ordinance shall take effect immediately upon passage and publication as provided by law.  

SECTION FIVE:  CODIFICATION

This ordinance shall be a part of the Code of the City of Hoboken as though codified and fully set forth therein.  The City Clerk shall have this ordinance codified and incorporated in the official copies of the Code.

The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Hoboken in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.

 

Meeting History

Jun 19, 2019 7:00 PM Video City Council Regular Meeting
draft Draft
RESULT:1ST READING [8 TO 1]Next: 7/10/2019 7:00 PM
MOVER:Emily Jabbour, Council-at-Large
SECONDER:James Doyle, Council-at-Large
AYES:Peter Cunningham, Mike DeFusco, James Doyle, Tiffanie Fisher, Emily Jabbour, Ruben Ramos, Michael Russo, Jennifer Giattino
NAYS:Vanessa Falco