[HISTORY: 1968 Code Chapter 74 §§ 74-1 —
74-11 as amended through 12-28-2015. Amendments noted where applicable.]
There is hereby created the Wildwood Crest Tourist Development
Commission.
[Amended 1-24-2018 by Ord. No. 1263-2018]
The purpose of this Commission is to promote tourism and tourism
events on behalf of the Borough of Wildwood Crest through assisting
the Borough with appropriate advertising and promotion of tourism
events and tourism event support.
In order to promote tourism in the Borough of Wildwood Crest,
an additional mercantile assessment shall be imposed upon all those
individuals, corporations, partnerships or associations required to
procure a mercantile license in the Borough of Wildwood Crest. The
additional assessment imposed upon any such licensee shall be 50%
of the license fee, as from time to time established, or $100, whichever
is less.
[Amended 1-24-2018 by Ord. No. 1263-2018]
All revenues received through the additional mercantile assessment together with all other monies received by the Commission shall be deposited with a fund created by this section and held by the Commission created by § 74-1. The fund shall be the exclusive repository of all revenues collected, or funds or monies received by the Borough of Wildwood Crest Tourist Development Commission. The fund shall be audited by the municipality as part of the annual audit of its books, accounts and financial transactions made in accordance with N.J.S.A. 40A:5-4. Revenues from the fund shall be disbursed to fulfill the purpose expressed in Section 74-2 and are dedicated to that purpose exclusively. Any revenues received by the municipality on behalf of the Commission shall be treated as a dedicated revenue pursuant to the provisions of N.J.S.A. 40A: 4-39.
[Amended 1-24-2018 by Ord. No. 1263-2018]
The Borough of Wildwood Crest Tourist Development Commission
shall constitute an agency and instrumentality of the Borough of Wildwood
Crest and shall consist of five members who shall be appointed by
resolution of the Governing Body. One of the Commissioners shall be
a representative of the municipality and shall advise the Governing
Body of the work of the Commission. The remaining four members of
the Commission shall be municipal licensees, upon whom an additional
assessment has been imposed or, if a license is issued in the name
of a corporation or partnership, its representative.
A.
The Commission shall be considered a "public body" for the purpose
of compliance with the provisions of the "Open Public Meetings Act"
and shall be subject to the provisions thereof.
B.
Voting members of the Commission shall be considered "local government
officers" for the purpose of compliance with the provisions of the
"Local Government Ethics Law" and shall be subject to the provisions
thereof. Nonvoting members of the Commission shall not be considered
"local government officers."
C.
The Commission shall be considered a "contracting unit" pursuant
to the provisions of the "Local Public Contracts Law" and shall be
subject to the provisions thereof.
The Commissioner representing the municipality shall serve at
the pleasure of the governing body. The remaining Commissioners shall
serve for a period of two years, except of the members first appointed,
two shall serve for a period of one year, and two shall serve for
a period of two years. A vacancy on the Commission occurring other
than by expiration of term shall be filled for the unexpired term
in the same manner as the original appointment. The Commissioners
shall serve without compensation in performance of their duty.
As soon as possible and, in any event, not later than 15 days
after its appointment, the Commission shall organize and hold its
first meeting, fix its hour and place of meeting, and adopt rules
for the conduct of its business as it may deem necessary and advisable.
The majority of the members of the Commission shall constitute a quorum
for the transaction of business.
[Amended 1-24-2018 by Ord. No. 1263-2018]
The Commission shall keep records of its meetings, activities
and expenditures. At any time upon the request of the Governing Body
and, in no event less than once annually, the Commission shall make
a report based on its records. The Board of Commissioners shall examine
the report to determine whether all disbursements from the fund have
been made for the purposes described in this ordinance. If the Board
of Commissioners determines that disbursements were not made pursuant
to the stated purposes of this ordinance, it may, by resolution stating
the reasons therefor, remove any or all members of the Commission.
The Commission shall submit an annual budget to the Borough's
Chief Financial Officer. This budget shall detail expenditures planned
and authorized for the upcoming calendar year authorized and documented
in the Commission meeting minutes.
The Wildwood Crest Tourist Development Commission is authorized
to act jointly with any other commission so created in any other municipality,
in furtherance of the purposes stated in this ordinance.
Should any section, paragraph, sentence or word of this ordinance
be declared for any reason to be invalid, it is the intent of the
municipality that it would have passed all other portions of the ordinance
independent of the elimination herefrom of any such portion as may
be declared invalid.
This ordinance shall become effective 10 days after its final
passage. Publication shall be made as provided by law.
