40A:14-78.5 - Affirmative vote by majority of legal voters for final adoption; certification of amount to assessor; fixing budget after negative vote
40A:14-78.5. Affirmative vote by majority of legal voters for final adoption; certification of amount to assessor; fixing budget after negative vote
a. If at the annual election held pursuant to N.J.S. 40A:14-72 the question of finally adopting the budget is voted affirmatively upon by a majority of the legal voters voting in the election, the budget shall be considered finally adopted, and the board of fire commissioners shall certify the amount to be raised by taxation to support the district budget to the assessor of the municipality, pursuant to N.J.S. 40A:14-79.
b. If at the annual election the question of finally adopting the budget is voted negatively upon by a majority of the legal voters voting in the election, the governing body of the municipality in which the fire district is located shall, by resolution of a majority of its full membership, within 30 days after the annual election and after a public hearing for which the legal voters of the fire district shall be given 5 days' advertised notice, and at which any interested person shall be heard, fix an annual budget for the fire district. The amount of each appropriation section of the budget so fixed shall not exceed the amount for each as previously voted upon at the annual election, except the appropriation for debt service which shall be included in the amount that is required to be paid. The governing body shall certify the amount to be raised by taxation to support the district budget as set forth in the final budget, to the assessor of the municipality, pursuant to N.J.S. 40A:14-79.
L.1979, c. 453, s. 9. Amended by L.1982, c. 174, s. 1, eff. Nov. 12, 1982.