[HISTORY: Adopted by the City Council of the City of East Orange as indicated in article histories. Amendments noted where applicable.]
Article I Central Avenue Business Improvement District
[Adopted 8-26-2002 by Ord. No. 9-2002]
The Central Avenue Business Improvement District (BID) is hereby established.
The Central Avenue Business Improvement District (BID) is hereby established of said commercial properties. A map and a list of all said commercial properties, identified by block and lot number, is attached herein as Schedule A.
Editor's Note: Said schedule is on file in the City offices.
All costs of development, construction and acquisition relating to the provision of improvements shall be financed by and assessed to properties especially benefited thereby.
All costs of improvements and maintenance, other than the costs of improvements and maintenance ordinarily incurred by the City from general funds, shall be determined and approved pursuant to N.J.S.A. 40:56-80 or 40:56-85, as determined by the District Management Corporation.
The above costs shall be collected as a special assessment rate against commercial properties which benefit in the BID.
The Mayor, with assistance and concurrence of the District Management Corporation, shall submit all reports and plans required by N.J.S.A. 40:56-80 and 40:56-89, together with a detailed annual budget as required by N.J.S.A. 40:56-84, to the City Council for approval.
Creation. There is hereby created the Central Avenue Business Improvement District Management Corporation (the DMC).
Membership. The DMC shall be comprised of all commercial property owners, business owners or representatives and others according to the bylaws of the DMC. The DMC's Board of Directors shall be comprised of no less than nine members, including the City Council Business Development and Zoning Committee Chairperson, and the balance appointed or elected according to the bylaws of the DMC.
Obligations. In addition to the obligations set forth in the Act, the DMC shall file an annual audit of its books, accounts and financial transactions, which shall be filed with the City Council and the New Jersey Division of Local Government Services, pursuant to N.J.S.A. 40:56-88.
Powers. In addition to the powers otherwise conferred upon it by the Act, the DMC shall have the power:
To adopt bylaws for the regulation of its affairs and the conduct of its business and to prescribe rules, regulations and policies for the performance of its functions and duties;
To employ such persons as may be required and fix and pay their compensation from funds available to the DMC;
To apply for, accept, administer and comply with the requirements respecting an appropriation of funds or a gift, grant or donation of property or money;
To make and execute agreements which may be necessary or convenient to the exercise of the powers and functions of the DMC, including contracts with any person, firm, corporation, governmental agency or other entity;
To administer and manage its own funds and accounts and pay its own obligations;
To borrow money from private lenders or governmental entities for periods not to exceed 180 days;
To fund the improvement of the exterior appearance of commercial properties within the BID;
To fund the rehabilitation of commercial properties within the BID;
To accept, purchase, rehabilitate, sell, lease or manage property in the BID;
To enforce the conditions of any loan, grant, sale or lease made by the DMC; provided, however, if the businesses in the BID petition to dissolve the BID, the City shall have the right to amend the current year budget and schedule fees and/or taxes in order to liquidate outstanding claims against the Central Avenue Business Improvement District Management Corporation;
To provide security, sanitation and other services to the BID supplemental to those normally provided by the City;
To undertake improvements designed to increase the safety or attractiveness of the BID to businesses which may wish to locate there or to visitors to the BID, including but not limited to litter cleanup and control, landscaping, parking areas and facilities, recreational and rest areas and facilities, and those improvements generally permitted for pedestrian malls under N.J.S.A. 40:56-66, pursuant to pertinent regulations of the City Council;
To publicize the BID and all of the businesses included within its boundaries;
To recruit new businesses to fill vacancies and to balance the business mix of the BID;
To organize and coordinate special events in the BID pursuant to pertinent regulations of the City;
To provide temporary decorative lighting within the BID boundaries; and
To provide special parking arrangements for the BID.
This article obligates the Central Avenue Business Improvement District to satisfy all debts, loans and financial liabilities incurred by its DMC. The DMC may not borrow an amount that exceeds the approved budget for that fiscal year. The charter of the BID shall include a clause including the aforementioned.
If any provisions of this article shall be held invalid, or contrary to the law, then such provision of the article shall be deemed separable from the remaining provisions of this article and shall in no way affect the validity of the other provisions of the article.
This article shall take effect immediately upon passage and publication as required by law.
If at any point in time the BID is repealed, the City of East Orange shall not be responsible for the day-to-day operation of the BID or to complete any project already in progress. At the sole discretion of the City of East Orange, the BID may be dissolved for good cause at any time.