[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]
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:
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.
To utilize state assistance through the provisions of the New Jersey Urban Enterprise Zone Act relating to exemptions from and credits against state taxes.
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.
To make recommendations for the revision of municipal planning and zoning ordinances and other land use regulations 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.
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.
To take such additional action, not inconsistent with the New Jersey Urban Enterprise Zone 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:
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 a 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.
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.
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 Zone Act 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.
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. 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.
Editor's Note: See N.J.S.A. 15A1-1 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]
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 Fifth, Two Thousand and Two, and labeled EZ-1 A, as the boundary of the Roselle Urban Enterprise Zone.