New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 31 - LOCAL AUTHORITIES › Subchapter 2 - BUDGETS › Appendix A

Current through Register Vol. 56, No. 14, July 15, 2024
FIRE DISTRICT LEVY CAP REFERENDUM RESOLUTION
RESOLUTION BY THE BOARD OF COMMISSIONERS OF FIRE DISTRICT (insert
				  Dist. #) OF THE (name of municipality) IN THE COUNTY OF (name of county) AND STATE
				  OF NEW JERSEY AUTHORIZING A PROPERTY TAX CAP LEVY REFERENDUM ON (date of
				  referendum)
WHEREAS,
				  N.J.S.A.
				  40A:4-45.45provides that in preparation of its
				  budget a fire district shall limit any increase in its property tax levy to two
				  percent (2.0%) over the previous year's amount to be raised by taxation, subject to
				  certain exceptions and additions; and,
WHEREAS,
				  N.J.S.A.
				  40A:4-45.46(b), permits a fire
				  district to increase amount to be raised by taxation by a percentage rate greater
				  than two percent (2.0%) where said increase is approved by referendum; and,
WHEREAS, the Board of Commissioners of Fire District Number
				  (District #) in the (name of municipality), in the County of (name of county) has
				  called for a referendum question pursuant to N.J. S.A. 40A:4-45.46(b) to be held on
				  the third Saturday in February because it finds it advisable and necessary to
				  increase its (insert budget year) amount to be raised by taxation budget by more
				  than two percent (2.0%) over the (insert previous year) amount to be raised by
				  taxation, to provide and maintain essential district services for the residents of
				  the district; and,
WHEREAS, the Board of Commissioners of Fire District Number
				  (District #) in the (name of municipality), hereby determines that a (insert the
				  additional percent increase) increase in the amount to be raised by taxation or
				  (insert dollar increase over the permitted amount) in excess of the increase in the
				  amount to be raised by taxation otherwise permitted by a two (2.0%) tax levy cap,
				  will only become effective upon authorization by an affirmative vote of in excess of
				  fifty percent (50%) of the voters casting a ballot at the referendum and,
WHEREAS, this additional amount will be appropriated for the
				  purposes set forth below, increasing the total appropriation for each such purpose
				  from what would otherwise be provided under the limitations of a two percent (2.0%)
				  tax levy cap, as set forth below:
Line item name
Amount for referendum
(insert additional rows as necessary)
NOW, THEREFORE BE IT RESOLVED, that the question to be placed on
				  the ballot shall be as follows:
"Shall the Board of Commissioners of Fire District Number
				  (District #) in the (name of municipality) be authorized to increase the (insert
				  year) amount to be raised by taxation in the Fire District annual budget, by (insert
				  percent) or (insert dollar amount) as provided by
				  N.J.S.A.
				  40A:4-45.45, notwithstanding that its amount to be
				  raised by taxation will exceed the two percent (2.0%) increase limitation.
___ Yes ___ No
INTERPRETIVE STATEMENT
A "yes" vote will authorize the Board of Commissioners of the fire
				  district to adopt the budget that was approved by the Board.
				  N.J.S.A.
				  40A:4-45.45provides a tax levy "cap" of two
				  percent (2.0%) on the amount of increase. This amount can be exceeded when approved
				  by referendum of the voters.
The following are those line items to which the increases
				  apply:
(List line items listed in the resolution--do not list
				  amounts)
If referendum is approved (a "yes" vote), the amount to be raised
				  by taxation will include this amount.
A "no" vote means that the Board of Commissioners must adopt the
				  budget within the increase limits otherwise set forth by the law.
(Insert here "any other such relevant information as the Board may
				  wish to include" in the Statement.).
BE IT FURTHER RESOLVED, that the referendum on exceeding the
				  property tax levy cap is scheduled for (insert date of referendum), between the
				  hours of 2:00 and 9:00 p.m., prevailing time, in the manner provided by
				  statute.
BE IT FURTHER RESOLVED, that the budget of the Board of
				  Commissioners of Fire District (insert number) of the (name of municipality) for
				  (insert year) is hereby authorized to be published in the (name and date of official
				  newspaper) issue.
BE IT FURTHER RESOLVED, that a public hearing on the budget will
				  be held at the (insert location, date and time of public hearing) at which time and
				  place objections to said budget may be presented by taxpayers or other interested
				  parties.
BE IT FURTHER RESOLVED, that a certified copy of this Resolution,
				  shall be transmitted to the Director of the Division of Local Government Services,
				  within 3 days after adoption with the recorded vote included thereon.
(insert local resolution closing, certification, and seal
				  text)