RESOLUTION NUMBER: 333R-22

TITLE: EMERGENCY RESOLUTION AUTHORIZING AMENDMENT TO CALENDAR YEAR 2022 MUNICIPAL BUDGET - NJSA 40A:4-48 DUE TO A LITIGATION SETTLEMENT BETWEEN THE UNITED STATES AND THE TOWNSHIP OF JACKSON AND THE JACKSON PLANNING BOARD

WHEREAS, an emergency has arisen with respect to a litigation settlement whereby the United States alleges that the Township violated the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) and the Fair Housing Act (FHA), and no adequate provision was made in the 2022 budget for the aforesaid purpose, and NJSA 40A:4-46 provides for the creation of an emergency appropriation for the purpose mentioned above, and

WHEREAS, the total amount of the emergency appropriations created, including the appropriation to be created by this resolution, is $150,000.00 and three (3) percent of the total operating appropriations in the budget for 2022 is $1,281,130.99 and

WHEREAS, the foregoing appropriation together with prior appropriations does not exceed three (3) percent of the total operating appropriations in the budget for 2022,

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Township Council of the Township of Jackson, County of Ocean, State of New Jersey, that not less than 2/3 of all governing body members affirmatively concurring that in accordance with NJSA 40A:4-48:

  1. An emergency appropriation is hereby made for Legal Settlement-Other Expenses in the amount of $150,000.00
  2. That said emergency appropriation shall be provided for in full in the 2023 budget, and is requested to be excluded from CAPS, pursuant to NJSA 40A:4-53.3c(1)
  3. That two (2) certified copies of this resolution be filed with the Director of the Division of Local Government Services

Councilperson _____ presents the following resolution

Seconded by _____

and carried upon the following roll call vote:

TOWNSHIP COUNCILAYESNAYESABSENTABSTAIN
COUNCILMAN BORRELLI
COUNCILMAN CHISHOLM
COUNCILMAN SAUICKIE
COUNCIL VICE PRESIDENT KERN
COUNCIL PRESIDENT FLEMMING

I, Mary Moss, RMC, Deputy Municipal Clerk of Jackson Township, do hereby certify the foregoing to be a true, complete and correct copy of resolution adopted by the Township Council at a regular meeting held on _____ , 2022.

In witness whereof, I have hereunto set my hand affix the official seal of Jackson Township, Ocean County, New Jersey this _____ day of _____, 2022.

Mary Moss, RMC- Deputy Municipal Clerk