[Adopted 12-20-1994 by Ord. No. 94-078]
The Bunker Hill Industrial Park Special Improvement
District ("district") is hereby established consisting of the properties
designated and listed on Schedule A annexed hereto[1] by tax block and lot numbers and street addresses.
[1]
Editor's Note: Said Schedule A is on file
in the City Clerk's office.
All costs of development, construction and acquisition
relating to the provision of improvements shall be financed by and
assessed to properties especially benefitted thereby. All costs of
improvements and maintenance, other than the costs of improvements
and maintenance ordinarily incurred by the city out of general funds,
shall be determined and approved pursuant to N.J.S.A. 40:56-80 or
N.J.S.A. 40:56-85 as determined by the district management corporation.
The foregoing costs shall be collected as a special assessment against
properties which are benefitted thereby within the district.
A.
The Mayor, with the assistance and concurrence of
the district management corporation, shall submit an annual report
to the Municipal Council pursuant to N.J.S.A. 40:56-80. Such reports
shall consist of an estimate of the cost of operating and maintaining
and annually improving the special improvement district.
B.
The district management corporation shall submit a
detailed annual budget for approval by resolution of the Municipal
Council, pursuant to the provisions of N.J.S.A. 40:56-84. The budget
shall be submitted with a report which explains how the budget contributes
to the goals and objectives for the special improvement district.
C.
The fiscal year of the district and of the management
corporation shall be January 1 to December 31. Within 30 days after
the close of each fiscal year, the district management corporation
shall make an annual report of its activities for the preceding fiscal
year to the Municipal Council.
D.
The district management corporation shall cause an
annual audit of its books, accounts and financial transactions to
be made and filed with the Municipal Council. This audit shall be
completed and filed with the Municipal Council within four months
after the close of the fiscal year of the corporation. A certified
duplicate copy of the audit shall be filed with the Director of the
Division of Local Government Services in the State of New Jersey Department
of Community Affairs within five days of the filing of the audit with
the Municipal Council.
A.
The Municipal Council of the City of Paterson hereby
designates the Bunker Hill Industrial Park Special Improvement District
Management Corporation ("district management corporation"), a nonprofit
corporation, as the district management corporation for the district.
B.
The corporation shall be composed of the following
members: one nonvoting Council representative to be appointed by the
Municipal Council; one nonvoting municipal agency head or designee,
appointed by the Mayor; and 11 Bunker Hill area business and/or property
owners to be appointed according to the bylaws of the district management
corporation.
C.
This district 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 purposes of this
article and the district, including but not limited to:
(1)
Adopt bylaws for the regulation of its affairs and
the conduct of its business and prescribe rules, regulations and policies
for the performance of its functions and duties.
(2)
Employ such persons as may be required and fix and
pay their compensation from funds available to the 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 contract with any person, firm, corporation, governmental
agency or other entity.
(5)
Administer and manage its own funds and accounts and
pay its own obligations.
(6)
Borrow money from private lenders or governmental
entities for periods not to exceed 180 days.
(7)
Fund the improvement of the exterior appearance of
properties in the district through grants or loans.
(8)
Fund the rehabilitation of properties within 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 corporation; provided, however, that if the properties
within the district petition to dissolve the district, the city shall
have the right to amend the current year's budget and schedule fees
and/or taxes in order to liquidate outstanding claims against the
district management corporation.
(11)
Provide security, sanitation and other services in
the district, supplemental to those provided normally by the city.
(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 and those improvements
generally permitted for pedestrian malls under N.J.S.A. 40:56-66 pursuant
to pertinent regulations of the governing body.
(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)
Organize special events in the district.
(16)
Provide special parking arrangements for the district.
(17)
Provide temporary decorative lighting in the district.
Notwithstanding the creation of the special
improvement district, the City of Paterson expressly retains all its
powers and authority over the area designated as within the special
improvement district.
This Article obligates the Bunker Hill Special
Improvement District to satisfy all debts, loans and financial liabilities
incurred by the corporation. The district management corporation may
not borrow an amount that exceeds the approved budget for that fiscal
year. The Charter of the Bunker Hill Special Improvement District
shall include a clause incorporating the aforementioned.
