[HISTORY: Adopted by the Mayor and Council of the Borough
of Roselle as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-17-2002 by Ord. No. 2163 (Ch. 32, Art. I, of the 1975 Borough
Code)]
The Mayor and Council is hereby authorized to act as an incorporator
to create a nonprofit corporation to be known as the "Roselle Enterprise
Zone Development Corporation," and the Mayor and the Borough Clerk
are hereby authorized to execute a certificate of incorporation containing
provisions authorized by and consistent with this article. The Clerk
is further authorized to file the certificate of incorporation authorized
by this article after execution by the Mayor.
The purposes to be included in the certificate of incorporation
pursuant to N.J.S.A. 15A:1-1 et seq., the New Jersey Nonprofit Corporation
Act, shall include the following:
A.
To formulate and propose a preliminary zone development plan to the
governing body, setting forth the boundaries of the proposed Enterprise
Zone, setting forth findings of fact concerning the economic and social
conditions existing in the area proposed in the Enterprise Zone, and
setting forth the municipality's policy and institutions for
addressing the conditions in the Enterprise Zone.
C.
To utilize state assistance through the provisions of the New Jersey
Urban Enterprise Zones Act relating to exemptions from and credits
against state taxes.
D.
To secure the involvement in, and commitment to, zone economic development
by private entities, including zone neighborhood associations, voluntary
community organizations supported by residents and businesses in said
Enterprise Zone.
E.
To make recommendations for the revision of municipal planning and
zoning ordinances and other land use regulations[2] as they pertain to the Enterprise Zone, so that they each
may use the powers conferred by law to enhance the attractions of
the Enterprise Zone to prospective developers.
F.
To increase the availability and efficiency of support services,
public and private, generally used by and necessary to the efficient
functioning of commercial and industrial facilities in the area, to
the extent to which the increase or improvement is to be provided
and financed by the Borough or by other entities.
G.
To take such additional action, not inconsistent with the New Jersey
Urban Enterprise Zones Act, as the Board of Directors of the Enterprise
Zone Development Corporation deems necessary for the development,
administration and coordination of activities in the Enterprise Zone
for the benefit of zone businesses and community organizations within
said Enterprise Zone, for the ultimate purpose of the economic betterment
of the residents of said zone and the Borough in general.
The Board of Directors of the Enterprise Zone Development Corporation
shall consist of seven members; as follows:
A.
Three members of the Borough government body, two of whom shall be
members of the governing body and one of whom, who could be the Mayor
or Councilman designated by the Mayor, shall serve as Chairman of
the Board of Directors for one year. The local government members,
as evidenced by a resolution, shall be either the Mayor or the Mayor's
designee from the governing body and/or an officer of the government.
In absence of an appointment by the Mayor, the members shall be chosen
by the affirmative vote of all of the members of the governing body.
Each member shall serve for a period of two years. Should the governing
body member, by failure to be reelected or otherwise, cease to serve,
his position as a member of the Board of Directors shall cease.
B.
Two members to be selected from the business community. The Mayor
shall appoint the business community members with the advice and consent
of the governing body. Each member so appointed shall serve for a
term of three years.
C.
Two members to be selected from community organizations. The Mayor
shall appoint the community members with the advice and consent of
the governing body. Each member so appointed shall serve for a term
of three years.
The duration of the Corporation shall be for a period of 20
years; provided that the Board of Directors shall have authority to
amend the certificate of incorporation to increase the duration of
the Corporation in the event of an amendment to the New Jersey Urban
Enterprise Zones Act[1] which permits the Urban Enterprise Zone to exist for a
period of more than 20 years or if, pursuant to the Act, the duration
of the Enterprise Zone is extended by reason of unemployment rates
within the Borough.
[1]
Editor's Note: See N.J.S.A. 52:27H-60 et seq.
The Directors of the Corporation shall develop bylaws for the
Corporation, which shall include an executive officer to be known
as the "Enterprise Zone Administrator." The Board shall develop qualifications
for the Zone Administrator, and shall thereafter appoint an administrator
who meets said qualifications for a term not to exceed four years.
The Board may thereafter reappoint the same individual as Zone Administrator
for successive terms, provided that no term shall exceed four years.
The Board shall also hire such other persons, including professional
persons, or administrative personnel, as may be necessary for the
efficient operation of the Enterprise Zone Corporation. Upon the affirmative
vote of at least five members of the Board of Directors of the Corporation,
the Board may engage the services of such professional persons as
may be necessary for the efficient operation of the Enterprise Zone
Corporation. Nothing herein shall prevent the Board from entering
into an interlocal agreement with a neighboring enterprise zone municipality
for the services of an administrator or staff.
All ordinary business conducted by the Enterprise Zone Development
Corporation shall be approved by a simple majority of those Board
members who are present at any regular or special meeting of the Board
of Directors. However, amendments to the Zone Development Corporation's
bylaws, modification of zone boundaries, proposals for projects to
receive money from the Zone Assistance Fund, the hiring of an Enterprise
Zone Administrator and the hiring of professional, technical and consultant
personnel shall require the affirmative vote of five members of the
entire Board of Directors.
Consistent with the provisions of the New Jersey Urban Enterprise
Zone Act, the Borough shall have access to funds collected and deposited
in the Zone Assistance Fund (N.J.S.A. 52:27H-62i; N.J.S.A. 52:27H-88).
The Corporation shall reimburse to each municipality all startup
monies paid by the Borough from funds collected or received by the
Corporation, as soon as such funds are reasonably available. Once
the Corporation has been created and organized from initial funds
provided by the Borough, the Borough shall not be compelled to contribute
additional municipal funds to the Corporation.
Upon the termination of the Corporation, the Corporation's
assets shall be distributed to the Borough.
The certificate of incorporation shall include the address of
the Corporation's initial registered office, which shall be the
office of the Roselle Borough Administrator, and the name of the Roselle
Borough Administrator as the Corporation's initial registered
agent at that address, as required by the New Jersey Nonprofit Corporation
Act.[1] Thereafter, the Board of Directors may change the Corporation's
registered office and the Corporation's registered agent consistent
with the provisions of N.J.S.A. 15A:1-1 et seq.
[1]
Editor's Note: See N.J.S.A. 15A:1-1 et seq.
The certificate of incorporation shall also contain the names
and addresses of the first Board of Directors of the Corporation,
and such additional information as may be required by the New Jersey
Nonprofit Corporation Act.
[Adopted 8-29-2002 by Ord. No. 2167 (Ch. 32, Art. II, of the 1975 Borough
Code)]
The Mayor and Council hereby accept the designation granted
by the Urban Enterprise Zone Authority designating Roselle as an Urban
Enterprise Zone municipality.
The Mayor and Council hereby accept the designation in the map
entitled "Urban Enterprise Zone," prepared by PMK Group, dated August
5th, 2002, and labeled EZ-1 A, as the boundary of the Roselle Urban
Enterprise Zone.
