File #: 23-0735    Version: 1 Name: Ordinance Providing for a "CAP" to exceed Budget Appropriation Limits and Establish CAP Bank
Type: Ordinance Status: Adopted
File created: 5/9/2023 In control: Finance
On agenda: 5/24/2023 Final action: 6/7/2023
Title: AN ORDINANCE OF THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK PROVIDING FOR A "CAP" ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14).
Sponsors: Council of the Whole
Title
AN ORDINANCE OF THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK PROVIDING FOR A "CAP" ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14).

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WHEREAS, the Local Government Cap Law, N.J.S.A. 40A:4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget appropriations to 2.5%, unless authorized by Ordinance to increase it to 3.5% over the previous year's final appropriations, subject to certain exceptions; and

WHEREAS, N.J.S.A. 40A:4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two (2) succeeding years; and

WHEREAS, the Municipal Council, in the County of Essex, finds it advisable and necessary to increase its CY 2023 Budget by up to 3.5% over the previous year's final appropriations in the interest of promoting the health, safety, and welfare of the citizens; and

WHEREAS, the Municipal Council hereby determines that an increase in the budget for said year, amounting to $6,342,871.23 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and

WHEREAS, the Municipal Council hereby determines that any amount authorized hereinabove, that is not appropriated as part of the budget shall be retained as an exception to final appropriation in either of the next two (2) succeeding years.

NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:

1. The Municipal Council, by a majority of the full authorized membership of this Governing Body affirmatively concurring, that, in the CY 2023 budget year, the final appropriations of the City of Newark shall, in accordance with this ordinance and N.J.S.A. 40A:4-45.14, be i...

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