Hoboken
NJ

CC - Ordinance
19-512
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 Allow Funding for Historic Preservation and Increase Available Funds in the Trust Fund

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 Trust Fund is funded through the dedication to the fund of an amount of $0.02 (two cents) per $100 of assessed valuation of each annual tax levy; and,

WHEREAS, the City of Hoboken has 21 state and national eligible historic sites per the City of Hoboken Master Plan Land Use Element; and,

WHEREAS, historic preservation of historic properties, structures, facilities, sites, areas, or objects, and the acquisition of such properties, facilities, sites, areas, or objects for historic preservation purposes is an eligible purpose pursuant to N.J.S.A. 40:12-15.7 which was not included in the voter referendum in 2007; and,

WHEREAS, increasing the dedication to the Trust Fund by $0.01 (1 cent) per $100 of assessed valuation would increase funding for all eligible purposes of the Trust Fund; 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 allowing historic preservation as an eligible purpose for the Trust Fund and increasing the available funds in the Trust Fund 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, pursuant to N.J.S.A. 40:12-15.7, to be funded at a rate not to exceed $0.02 per $100.00 of the assessed value of real property.

Shall the Trust Fund rate be increased from $0.02 to $0.03 per $100.00 of the assessed value of real property, and add historic preservation as an eligible purpose? Historic preservation is defined as preservation of historic properties, structures, facilities, sites, areas, or objects, and the acquisition of such properties, facilities, sites, areas, or objects for historic preservation 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