[Adopted 1-24-2014 by Ord. No. 14-005]
The Sandy Hill Special Improvement District (hereinafter the
"district") is hereby established consisting of the properties designated
and listed on Schedule A and annexed hereto. Said Schedule A is on
file with the City Clerk's office by tax block and lot numbers
and street addresses.
A.
Designated: The City Council of the City of Paterson hereby designates
the Sandy Hill Special Improvement District Management Corporation
(herein "district management corporation"), a nonprofit corporation
pursuant to N.J.S.A. 15A:1-3, as the district management corporation
for the district.
B.
Membership: The district management corporation shall be composed
of the following eight members:
(1)
Three business owners within the district appointed pursuant to the
bylaws of the district management corporation;
(2)
Three property owners within the district appointed pursuant to the
bylaws of the district management corporation;
(3)
One elected official from the City Council; and
(4)
One department head or designee of the Mayor appointed by the Mayor.
C.
Powers: Pursuant to N.J.S.A. 40:56-83, the district management corporation
may exercise those powers listed herein; additionally, the district
management corporation shall have all the powers to effectuate its
purposes, including, but not limited to, the power to:
(1)
Adopt bylaws for the regulation of its affairs and the conduct of
its business and prescribe rules, regulations and policies for the
performance of its functions and duties.
(2)
Employ such persons as may be required and fix and pay their compensation
from funds available to the corporation.
(3)
Apply for, accept, administer and comply with the requirements respecting
an appropriation of funds or a gift, grant or donation of property
or money.
(4)
Make and execute agreements which may be necessary or convenient
to the exercise of the powers and functions of the corporation, including
contract with any person, firm, corporation, governmental agency or
other entity.
(5)
Administer and manage its own funds and accounts and pay its own
obligations.
(6)
Borrow money from private lenders or governmental entities for periods
not to exceed 180 days.
(7)
Fund the improvement of the exterior appearance of properties in
the district through grants or loans.
(8)
Fund the rehabilitation of properties within the district.
(9)
Accept, purchase, rehabilitate, sell, lease or manage property in
the district.
(10)
Enforce the conditions of any loan, grant, sale or lease made
by the corporation; provided, however, that if the properties within
the district petition to dissolve the district, the City shall have
the right to amend the current year's budget and schedule fees
and/or taxes in order to liquidate outstanding claims against the
district management corporation.
(11)
Provide security, sanitation and other services in the district,
supplemental to those provided normally by the City.
(12)
Undertake improvements designed to increase the safety or attractiveness
of the district to businesses which may wish to locate there or to
visitors to the district, 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 governing body.
(13)
Publicize the district and the businesses included within the
district boundaries.
(14)
Recruit new businesses to fill vacancies in and to balance the
business mix of the district.
(15)
Organize special events in the district.
(16)
Provide special parking arrangements for the district.
(17)
Provide temporary decorative lighting in the district.
All costs of development, construction, and acquisition relating
to the provision of improvements shall be financed by and assessed
to properties located within the boundaries of the district. All costs
of improvements, maintenance, or additional police or private security,
other than costs of improvement maintenance, or police ordinarily
incurred by the City of Paterson out of general funds, shall be determined
and approved pursuant to N.J.S.A. 40:56-80 or N.J.S.A. 40:36-85 as
determined by the district management corporation. The foregoing costs
shall be collected as a special assessment.
A.
Annual report: The Mayor, with the assistance and concurrence of
the district management corporation, shall submit an annual report
to the City Council pursuant to N.J.S.A. 40:56-80. The report shall
include an estimate of the cost of operating, maintaining, and annually
improving the district for the fiscal year.
B.
Budget: Pursuant to N.J.S.A. 40:56-84, the district management corporation
shall submit a detailed annual budget for approval by resolution of
the City Council. The budget shall include a report explaining the
rationale for expenditures, progress made during the fiscal year,
and goals and objectives for the district.
C.
Fiscal year: The fiscal year of the district and of the management
corporation shall be January 1 to December 31. Within 30 days after
the close of each fiscal year, the district management corporation
shall make an annual report of its activities for the preceding fiscal
year to the City Council.
D.
Audit: Pursuant to N.J.S.A. 40:56-88, the district management corporation
shall cause an annual audit of its books, accounts and financial transactions
to be made and filed with the City Council, and for that purpose the
district management corporation shall employ a certified public accountant
of New Jersey. The annual audit shall be completed and filed with
the City Council within four months after the close of the fiscal
year of the district management corporation, and a certified duplicate
copy of the audit shall be filed with the Director of the Division
of Local Government Services in the Department of Community Affairs
within five days of the filing of the audit with the governing body
of the municipality.
Notwithstanding the creation of the special improvement district,
the City of Paterson expressly retains all its powers and authority
over the area designated as within the special improvement district.
This article obligates the Sandy Hill Special Improvement District
to satisfy all debts, loans, and financial liabilities incurred by
the district management corporation. The district management corporation
may not borrow an amount that exceeds the approved budget for that
fiscal year. The Charter of the Sandy Hill Special Improvement District
shall include a clause incorporating the aforementioned.
