[Adopted 6-30-2015 by Ord. No. 15-051]
As used in this article, the following terms shall have the
meanings indicated:
(Also referred to as "DMC") The 21st Avenue District Management
Corporation, Inc., an entity incorporated pursuant to Title 15A of
the New Jersey Statutes and designated by this article to receive
funds collected by a special improvement assessment within the special
improvement district, as authorized by this article and any amendatory
ordinances.
(Also referred to as "District" or "SID") That area within
the City of Paterson described by block and lot numbers and street
addresses as set forth in Schedule A[1] and designated by this article as an area in which a special
assessment on property within the district shall be imposed for the
purpose of promoting the economic and general welfare of the district
and the City of Paterson in accordance with N.J.S.A. 40:56-65 et seq.
[1]
Editor's Note: Said schedule is on file in the City offices.
A.
There is hereby created and designated within the City of Paterson
a special improvement district to be known as the "21st Avenue Special
Improvement District," consisting of properties designated and listed
by tax lot and block number and street addresses on Schedule A attached
hereto.[1] The district shall be subject to special assessments on
all affected property within the district, which assessment shall
be imposed by the municipality for the purposes of promoting the economic
and general welfare of the district and the City of Paterson.
[1]
Editor's Note: Said schedule is on file in the City offices.
B.
All properties within the special improvement district, except those set forth in Subsection C of this section, are deemed included in the assessing provisions of this article and are subject to assessment for special improvement district purposes.
C.
The following properties are excluded from the assessing provisions
of this article and are exempt from any assessment for special improvement
district purposes:
(1)
Properties maintained solely for residential use and occupied by
the owner or the owner's family; and
(2)
Properties owned by a nonprofit entity and exempt from real property
taxes under Title 54, Chapter 4 of the Revised Statutes; except those
properties granted exemption or abatement from taxation under the
Urban Enterprise Zones Act (P.L. 1983, c. 303), as provided in N.J.S.A.
54:4-3.139 to 3.149, the Environmental Opportunity Zone Act (L.1995,
c. 413), codified at N.J.S.A. 54:4-3.150 et seq., the Long Term Tax
Exemption Law (L.1991, c. 431), codified at N.J.S.A. 40A:20-1 et seq.,
the Five-Year Exemption and Abatement Law, codified at N.J.S.A. 40A:21-1
et seq., or any similar statute granting partial or total tax exemption
or abatement for a limited duration as incentive to develop, improve,
rebuild, renovate, alter, convert, or rehabilitate any property.
A.
It is hereby determined that the operation and maintenance of the
district may involve annual costs relating to services peculiar to
the district that are distinguished from operation and maintenance
services normally provided by the City of Paterson outside the district.
B.
The district's annual budget, annual assessment, annual reporting,
audit and other fiscal requirements and related matters shall be conducted
under the specific procedures set forth under N.J.S.A. 40:56-80 et
seq., subject to public notice and governing body approval to the
full extent mandated by the said statutory procedures.
C.
Monies appropriated and collected for the annual costs of operating
and maintaining the special improvement district shall be credited
to a special account. The Mayor and Council may incur the annual costs
of improving, operating and maintaining the special improvement district
during a fiscal year, though not specifically provided for by line
item or other category in an approved estimate for such fiscal year,
if in its discretion it shall be deemed necessary to provide for such
annual improvements or operation or maintenance prior to the succeeding
fiscal year and so long as the total amount of the account approved
for that year is not exceeded by that expenditure. Any balances to
the credit of the account and remaining unexpended at the end of the
fiscal year shall be maintained and applied towards the financial
requirements of the improvement district for the succeeding year.
D.
The City of Paterson shall not be obligated to pay over funds that
the City of Paterson has not received.
E.
The District Management Corporation shall cause an annual audit of
its books, accounts and financial transactions to be made and filed
with the Mayor and Council and for that purpose shall employ a certified
public accountant of New Jersey. The annual audit shall be completed
and filed with the governing body within four months after the close
of the fiscal year of the corporation, and a certified copy of the
audit shall be filed with the Director of Community Affairs within
five days of the filing of the audit with the Mayor and Council.
F.
The district management corporation shall, within 30 days after the
close of each fiscal year, make an annual report of its activities
for the preceding fiscal year to the Mayor and Council and the Borough
Clerk.
G.
Wherever feasible and appropriate, and where no specific provision
herein is to the contrary, in applying the said statutory standards
regarding the district's annual budget, annual assessment, and
annual reporting, both the City of Paterson (including but not limited
to its Office of the Tax Assessor) and the district itself shall generally
emulate procedures actually employed in the instance of the Bunker
Hill Special Improvement District, created by City of Paterson Ord.
No. 94-078, and the Downtown Paterson Special Improvement District,
created by City of Paterson Ord. No. 97-036.
A.
The nonprofit corporation, the 21st Avenue District Improvement Corporation,
Inc. an entity incorporated pursuant to N.J.S.A. 15A:1-1 et seq.,
is hereby designated as the district management corporation for the
district and designated by this article to receive funds collected
by a special improvement assessment within the special improvement
district. This management corporation, in addition to acting as an
advisory board to the Mayor and Council, shall have all powers necessary
and requisite to effectuate the purpose of this article and the district,
subject to annual approval by the Mayor and Council of the DMC's
budget, including, but not limited to:
(1)
Adopt bylaws for the regulation of its affairs and conduct of its
business and to prescribe rules, regulations and policies in connection
with the performance of its function and duties;
(2)
Employ such persons as may be required, and to fix and pay their
compensation from funds available to the district management 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
contracts with any person, firm, corporation, governmental agency
or other entity;
(5)
Administer and manage its own funds and accounts and pay its obligations;
(6)
Borrow money from private lenders for periods subject to statutory
limits established by the State of New Jersey and from governmental
entities for that or longer periods;
(7)
Fund the improvement of the exterior appearance of properties in
the district through grants or loans;
(8)
Fund the rehabilitation of properties in 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 district management corporation;
(11)
Provide security, sanitation and other services to the district,
supplemental to those provided normally by the City of Paterson;
(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, pursuant to pertinent regulations of
the municipality;
(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)
Advise the Mayor and Municipal Council in connection with the
acquisition and construction of improvements and the operation and
maintenance thereof in the special improvement district, and making
of a plan therefor and the recommendations comments or requests of
members of the public and of owners and occupants of property included
within the special improvement district;
(16)
Provide special parking arrangements for the district;
(17)
Provide temporary decorative lighting in the district;
(18)
Organize special events in the district;
(19)
Review all applications, plans, specifications, etc., for the
proposed construction or alteration of any and all exterior improvements
to buildings and facades, including temporary and permanent signs
and awnings, within the special improvement district for the purpose
of providing advice and recommendations to those wishing to improve
their properties consistent with the recommendations offered by the
DMC. Recommendations made under this section shall be in writing and
will be forwarded to the appropriate approving authority, namely the
City of Paterson Construction Code Official, Planning Board or Board
of Adjustment. Recommendations offered shall be developed within the
time frames within which the Construction Official, the Planning Board
and Zoning Board must take appropriate actions.
B.
Pursuant to N.J.S.A. 40:56-68, in order to receive any funds or exercise
any of the powers granted herein, the Board of Trustees of the District
Improvement Corporation, Inc., shall include (i) one nonvoting Municipal
Council member to be appointed by the Municipal Council, and (ii)
one nonvoting municipal agency head or other designee appointed by
the Mayor, in addition to voting members appointed pursuant to the
district improvement corporation by-laws.
A.
Notwithstanding the creation of a special improvement district, the
City of Paterson expressly retains all its powers and authority over
the area designated as being within the special improvement district.
B.
Nothing contained herein shall accomplish or be interpreted or construed
to be the creation or a vacation, in whole or in part, of any municipal
street or right-of-way or part thereof, or to amend any zoning ordinance
requirement or to limit any other rule or law of general application.
C.
The district management corporation shall not make or enter into
any contracts for the improvement of any publicly owned or operated
facility or property within the special improvement district, unless
the Mayor and Council delegate to the district management corporation,
by separate ordinance, the contracting of work to be done on any street
or streets or on any other municipal property within the special improvement
district, and provided the district management corporation, as the
contracting unit, complies with the New Jersey Local Public Contracts
Law, Public Law 1971, Chapter 198 (N.J.S.A. 40A:11-1 et seq.) and
provided the plans specifications and bid requirements as applicable
for the work contracted shall be approved by the municipal engineer
and the Mayor and Council, by resolution, prior to initiation of any
action for the awarding of a contract under the Local Public Contracts
Law.
D.
The district management corporation shall comply with all applicable
statutes, ordinances and regulations.
E.
No employee or contractor of the DMC shall be considered an employee
or contractor of the City of Paterson, and the City of Paterson shall
not be or become a coemployer or cocontractor of any DMC employee
or contractor. All employees and contractors, as a condition of employment
or contract, shall be required to execute a written acknowledgment
and acceptance of this status.
A.
The fiscal year of the DMC shall be the calendar year.
B.
The DMC shall submit to the Mayor and Council a detailed annual budget
for each upcoming fiscal year no later than December 31 of the preceding
year together with a report which explains how the budget contributes
to the goals and objectives for the district.
C.
The budget shall be introduced, approved, amended and adopted with
N.J.S.A. 40:56-84.
The municipality shall not be responsible for any debt or obligation
of the DMC, and shall not pledge its full faith and credit thereto,
except as it shall choose to do so in specific instances in accordance
with all applicable laws.
A.
Nothing contained herein shall prevent the Mayor and Council at any
time, subsequent to the adoption of this article, from, by ordinance:
(1)
Abandoning the operation of the district, changing the extent of
the district, supplementing or amending the description of the district
to be specially assessed or taxed for annual costs of the district,
changing or repealing any plan, rules, requisitions or limitations
adopted for the operation of the district, as set forth in N.J.S.A.
40:56-75; or
(2)
Rescinding the designation, redesignating, or designating a new district
management corporation to receive funds collected by a special improvement
assessment within the district, and to exercise the powers granted
to the district management corporation by this article and any amendatory
ordinances.
B.
If, for any reason, the entity designated as the district management
corporation for the district and designated by this article to receive
funds collected by a special improvement assessment and to exercise
those powers granted to the district management corporation by this
article and any amendatory ordinances shall cease to operate or shall
lose its designation as the district management corporation, through
action by the governing body or otherwise, any and all monies and
property of the entity shall be transferred forthwith to the City
of Paterson.
