[Ord. No. O.1626-2008§ 1]
Pursuant to the Local Redevelopment and Housing Law, N.J.S.A.
40A:12A-1, et seq., (the "Redevelopment Law") and the Local Authorities
Fiscal Control Law, N.J.S.A. 40A:5A-1, et seq., (the "Authorities
Fiscal Control Law"), the Township hereby creates a body corporate
and politic to be known as the "Township of Edison Redevelopment Agency"
(the "Agency") which shall constitute a redevelopment agency contemplated
and provided for in the Redevelopment Law, as an agency and instrumentality
of the Township.
[Ord. No. O.1626-2008§ 1]
a.
Pursuant to the Redevelopment Law, there shall be seven (7) commissioners
of the Agency to be appointed by the Mayor with the advice and consent
of the Township Council. Commissioners shall each serve for a term
of five (5) years; except that the first of these appointees shall
be designated to serve for the following terms:
One (1) for a term of one (1) year;
One (1) for a term of two (2) years;
Two (2) for terms of three (3) years;
One (1) for a term of four (4) years; and
Two (2) for terms of five (5) years.
No more than two (2) commissioners shall be officers or employees
of the Township. Each commissioner shall hold office for the term
of his or her appointment and until his or her successor shall have
been appointed and qualified. Any vacancy occurring in the office
of a commissioner, from any cause, shall be filled in the same manner
as the original appointment, but for the unexpired term. One (1) of
the commissioners shall be a member of the Township Council. A commissioner
who is a member of the Township Council shall serve for a term of
one (1) year. Commissioners shall serve for the terms of office provided
herein and as required under the Redevelopment Law, specifically,
N.J.S.A. 40A:12A-11.
b.
A certificate of the appointment or reappointment of each commissioner
shall be filed with the Clerk of the Township, and that certificate
shall be conclusive evidence of the due and proper appointment of
that commissioner.
c.
A commissioner shall receive no compensation for his or her services,
but shall be entitled to reimbursement for actual expenses necessarily
incurred in the discharge of his or her duties of commissioner, including
travel expenses, solely out of the budget for the Agency but only
to the extent funds are available for such costs.
d.
The powers of the Agency shall be vested in the commissioners thereof
in office from time to time.
e.
Four (4) commissioners shall constitute a quorum for the purpose
of conducting business and exercising powers and all other purposes.
Action may be taken by the Agency upon the affirmative vote of the
majority, but not less than four (4) of the commissioners present,
unless in any case the bylaws of the Agency shall require a larger
number.
f.
The Agency shall select a chairman and a vice-chairman from among
the commissioners, and it shall employ an executive director, who
shall serve as its secretary.
[Ord. No. O.1626-2008§ 1]
a.
No commissioner or employee of the Agency shall acquire any interest,
direct or indirect, in a redevelopment project or in any property
included or planned to be included in a redevelopment project, nor
shall be or she have any interest, direct or indirect, in any contract
or proposed contract for materials and services to be furnished or
used in connection with a redevelopment project. If any commissioner
or employee of the Agency owns or controls an interest in, direct
or indirect, any property included or planned to be included in a
redevelopment project, he or she shall immediately disclose the same
in writing to the Agency and the disclosure shall be entered upon
the minutes of the Agency.
b.
Failure to disclose such an interest shall constitute misconduct
in office. A commissioner or employee required by this section to
make a disclosure shall not participate in any action by the Agency
affecting the property with respect to which disclosure is required.
c.
For inefficiency or neglect of duty or misconduct in office, a commissioner
may be removed by the. Township; but a commissioner may be removed
only after he has been given a copy of the charges at least ten (10)
days prior to the hearing thereon and has had the opportunity to be
heard in person or by counsel. In the event of a removal of a commissioner,
a record of the proceedings, together with the charges and findings
thereon, shall be filed in the office of the Clerk of the Township.
The executive director of the Agency shall have attained a degree
from an accredited four (4) year college or university, and shall
have at least five (5) years' experience in public administration,
public finance, realty or similar professional employment. A master's
degree in an appropriate program may substitute for two (2) years
of that experience.
d.
The executive director shall serve at the pleasure of the commissioners
of the Agency, any may be relieved of his or her duties only after
one hundred twenty (120) days' notice. The executive director
shall be the appointing authority for all or any portion of the employees
of the Agency. The executive director shall assign and supervise employees
in the performance of their duties.
[Ord. No. O.1626-2008§ 1]
a.
The Agency is authorized to exercise all those public and essential
governmental functions necessary or convenient to effectuate the purposes
of the Redevelopment Law, which shall include, but not be limited
to those powers described in Section 22 of the Redevelopment Law.
Notwithstanding the foregoing, the Agency shall not issue bonds or
notes that are secured by the full faith and credit of the Township
without the approval of the Township Council.
b.
The Agency shall be authorized to undertake the actions authorized
under Section 8 of the Redevelopment Law in order to effectuate the
purposes of the Redevelopment Law and the terms of the applicable
redevelopment plan.
c.
To the extent the Agency is designated a redevelopment entity in
accordance with Section 4 of the Redevelopment Law, the Agency, upon
the adoption of a redevelopment plan for a redevelopment project,
may proceed with the clearance, replanning, development and redevelopment
of the area designated in that redevelopment plan; provided, however,
that the Agency is prohibited from exercising the power of eminent
domain to acquire property from a private landowner without acquiring
the private landowner's consent when the purpose or result of
such acquisition is to sell, transfer, lease, or in any way convey
such property in whole, or in part, to any private entity or party.
