[HISTORY: Adopted by the City Council of
the City of Rahway as indicated in article histories. Amendments noted
where applicable.]
[Adopted 9-13-1993 by Ord. No. A-40-93]
[1]
Editor's Note: The name of the district and title of this
article was amended 12-8-2014 by O-42-14.
The purposes of this article are to:
A.
Encourage the development of the district, known as
"Rahway Center," as the civic, cultural and commercial center of the
City of Rahway;
B.
Allow the entire Rahway community to benefit from
a stronger and healthier downtown;
C.
Foster
the building of a nonpartisan partnership and creation and implementation
of an action-oriented, pragmatic work plan to achieve Rahway Center's
and the City's revitalization; strengthen the economic, cultural,
institutional, residential and commercial contributions of Rahway
Center and other commercial areas of the City for the benefit of the
residents and property owners of the City of Rahway; and preserve
Rahway Center's and the City's historic past as a foundation for its
future.
[Amended 12-8-2014 by Ord. No. O-42-14]
D.
The expansion of the Rahway Special Improvement District to include
additional properties and areas of the City is intended to encourage
the development of the entire City, allowing the entire Rahway community
to benefit from a stronger and healthier City.
[Added 12-8-2014 by Ord.
No. O-42-14]
As used in this article, the following terms
shall have the meanings indicated:
The City Council of the City of Rahway.
[Amended 3-8-2010 by Ord. No. O-8-10; 7-10-2017 by Ord. No. O-16-17; 6-14-2021 by Ord. No. O-22-21]
An area within the City of Rahway designated by this article
as an area in which a special assessment on property within the district
shall be imposed for the purpose of promoting the economic and general
welfare of the district and the municipality.
The Mayor and Council find and declare:
A.
The central business district of the City of Rahway
has special needs and requires special services that can best be achieved
through a private-public partnership implemented by a Special Improvement
District and a District Management Corporation.
B.
The creation of a Special Improvement District and
a District Management Corporation will promote economic growth and
implement and foster and encourage commercial development and improve
the business climate and otherwise be in the best interest of the
property owners in the district and in the overall municipality.
C.
Schedule
A is amended to include and exclude, as indicated herein, the properties
referred to and included on the attached property list by block and
lot as shown on the Official Tax Maps of the City of Rahway.[1] The properties indicated as being included are in addition
to all other properties currently included in the Rahway Special Improvement
District.
[Amended 12-8-2014 by Ord. No. O-42-14; 6-16-2015 by Ord. No. O-12-15]
[1]
Editor's Note: Schedule A, referred to herein, may be found
on file in the office of the City Clerk attached to Ord. No. A-40-93.
Said property list is also on file in the Clerk's office.
D.
That a District Management Corporation would provide
administrative, programming and other services to benefit the businesses,
employees, residents and consumers in the Special Improvement District
and that the management corporation would assist the City in promoting
economic growth and development.
E.
That a special assessment shall be imposed and collected
by the City of Rahway with the regular property tax payment or payment
in lieu of taxes or otherwise, and that all of these payments shall
be transferred to the management corporation to effectuate the purposes
of this article and to exercise the powers given to it by this article.
A.
There is hereby created and designated within the
City of Rahway a Special Improvement District to be known as the "Rahway
Special Improvement District" consisting of the properties designated
and listed on Schedule A by tax lot and block number and street addresses.[1] The Special Improvement District shall be subject to special
assessments on all affected property within the district, which assessment
shall be imposed by the City of Rahway for the purposes of promoting
the economic and general welfare of the district and the municipality.
[Amended 12-8-2014 by Ord. No. O-42-14]
[1]
Editor's Note: The Central Business District Map is included as an attachment to this chapter.
B.
All business properties within the Special Improvement
District, including all, but not limited to all commercial, industrial
and apartment properties, are deemed included in the assessing and
taxing provisions of this article and are expressly subject to potential
tax or assessment made for Special Improvement District purposes.
C.
All properties within the Special Improvement District
that are tax-exempt or used for solely residential, noncommercial
purposes are deemed excluded from the assessing or taxing provisions
of this article and are expressly exempt from any tax or assessment
made for Special Improvement District purposes.
D.
The Official Map of the City of Rahway shall be amended to include
properties referred to and included in Schedule A, as amended herein
and as noted on the attached property list by block and lot as shown
on the Official Tax maps of the City of Rahway, and such map shall
be included at the end of this chapter.[2]
[Added 12-8-2014 by Ord.
No. O-42-14; amended 6-16-2015 by Ord. No. O-12-15]
[2]
Editor's Note: Schedule A, referred to herein, may be found
on file in the office of the City Clerk attached to Ord. No. A-40-93.
Said property list is also on file in the Clerk's office.
A.
The operation and maintenance of the district involves annual costs relating to services peculiar to the district that are distinguished from operation and maintenance services normally provided by the City outside of the district. Those annual costs shall be assessed or taxed to the benefited properties or businesses on an annual basis, pursuant to this article and N.J.S.A. 40:56-65 et seq., in an amount sufficient to fund the annual budget as defined in § 97-8. The properties assessed or taxed to provide for the payment of such annual costs are described in § 97-4 of this article.
[1]
Editor's Note: This ordinance provided for
an effective date of 7-1-2004.
B.
Each year, when the Mayor and Council shall have acted
on the estimated costs and/or on the budget of the district, the Tax
Assessor shall prepare an assessment roll setting forth separately
the amounts to be specially assessed against the benefited and assessable
properties in the district. Descriptions of such properties, and the
names of the then current owners of such properties, so far as names
are available, shall be included in each annual assessment roll. The
assessment roll, when so prepared, shall be filed in the office of
the Municipal Clerk and be there available for inspection. The Mayor
and Council shall annually meet to consider objections to the amounts
of such special assessments at least 10 days after a notice of hearing
has been published once in the official newspaper and mailed to the
named owners of all tracts, parcels and lots of property proposed
to be assessed. The notice shall set forth the time and place of meeting,
and set forth the purpose of such meeting, but may refer to the assessment
roll for further particulars. When the Mayor and City Council shall
have approved the amounts of the special assessments set forth therein,
or as may be changed by it, the Municipal Clerk shall forthwith certify
a copy of the assessment roll with supplements to the roll to the
Union County Tax Board.
[Amended 7-9-2007 by Ord. No. O-31-07; 3-8-2010 by Ord. No.
O-8-10; 7-10-2017 by Ord. No. O-16-17; 6-14-2021 by Ord. No. O-22-21]
A.
The City Council of the City of Rahway hereby designates the City
Council of the City of Rahway as the district management corporation
for the district.
B.
The district management corporation shall also have all powers necessary
and requisite to effectuate the purposes of this chapter, including
but not limited to:
(1)
Adopt bylaws for the regulation of its affairs and the conduct of
its business and to prescribe rules, regulations and policies in connection
with the performance of its functions and duties;
(2)
Employ such persons as may be required, and to 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 and convenient
to the exercise of the powers and functions of the corporation, including
contracts with a 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 for periods not to exceed 180 days
and from governmental entities for that or longer periods, subject
to the approval of the City Council by resolution acting in the manner
of the City Council;
(7)
Fund the improvement for the exterior appearance of properties in
the district through grants or loans;
(8)
Fund the rehabilitation of properties in the district;
(9)
Accept, lease or manage property in the district subject to the approval
of the City Council by resolution acting in the manner of the City
Council;
(10)
Enforce the conditions of any loan, grant, sale or lease made by
the corporations;
(11)
Provide security, sanitation and other services to the district,
supplemental to those provided normally by the municipality;
(12)
Undertake improvements including but not limited to capital improvements
designated 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, pursuant to pertinent regulations of the City of Rahway;
(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;
(18)
Advise the Mayor in connection with the acquisition and construction
of improvements in the Special Improvement District, and making of
a plan therefor and the operation and maintenance thereof, and to
meet and furnish recommendations or comments of property included
within the Special Improvement District;
(19)
Develop activities and programs to encourage the long-term success
of the arts communities;
(20)
Commission studies, analyze and organize planning activities related
to the economic development of the district;
(21)
Increase community vitality by encouraging the area to be populated
and supported by artists, businesses, sponsors and increased audiences
and customers;
(22)
Promote awareness of the value of the arts and to directly support
arts programs that encourage the diversity of citizens and businesses
and participation in the successful development;
(23)
Effectuate the purposes and intents of N.J.S.A. 40:56-65 et seq.,
as amended; and
(24)
Design and enforce environmental and building design criteria under
N.J.S.A. 40:56-65 et seq., as amended.
C.
The district management corporation shall utilize affirmative action
goals and guidelines in its hiring and expenditures whenever possible.
Pursuant to N.J.A.C. 17:27-5.2, the district management corporation
will not discriminate against any employee or applicant for employment
because of age, race, creed, color, national origin, ancestry, marital
status, or sex. The district management corporation will take affirmative
action to ensure that such applicants are recruited and employed,
and that employees are treated during employment without regard to
their race, creed, national original, ancestry, marital status or
sex.
D.
Upon further written agreement, the City of Rahway may delegate to
the district management corporation the contracting work to be done
on any street, or on other municipal property, included in the special
improvement district. In that event, the corporation shall be a contracting
unit within the Local Public Contracts Law, P.L. 1971, c. 198 (N.J.S.A.
40A:11-1 et seq.). The plans and specifications shall be approved
by the City Engineer prior to initiation of any action for the award
of a contract under the act.
A.
Notwithstanding the creation of a Special Improvement
District, the City of Rahway expressly retains all its powers and
authority over the area designated as within the Special Improvement
District.
B.
Nothing contained herein shall be interpreted or construed
to be a vacation, in whole or in part, of any municipal street or
part thereof.
C.
The District Management Corporation shall not make
or enter into any contracts for the improvement of any publicly owned
or operated facility or property within the Special Improvement District,
nor adopt any regulations relating to public property in such district.
D.
The District Management Corporation shall comply with
all applicable ordinances or regulations of the City of Rahway.
A.
The fiscal year of the district shall be the same
as the City of Rahway.
B.
The District Management Corporation shall submit a
detailed annual budget for the upcoming fiscal year by May 31 to the
Mayor and Council.
C.
The budget shall be submitted with a report which
explains how the budget contributes to goals and objectives for the
Special Improvement District. The budget shall be reasonably itemized
and shall include a summary of the categories of cost properly chargeable
as follows:
(1)
The amount of such costs to be charged against the
general funds of the municipality, if any;
(2)
The amount of costs to be charged and assessed against
properties benefited in the district in proportion to benefits which
shall be the aggregate of costs of annual improvements to be made
in the district during the ensuing year;
(3)
The amount of costs, if any, to be specially taxed
against properties in the district.
D.
The budget shall be introduced, approved, amended
and adopted by resolution passed by not less than a majority of the
full membership of the governing body. The procedure shall be as follows:
E.
The budget shall be introduced in writing at a meeting
of the governing body. Approval thereof shall constitute a first reading,
which may be by title. Upon the approval of the budget by the governing
body, it shall fix the time and place for the holding of a hearing
upon the budget.
F.
The budget shall be advertised after approval. The
advertisement shall contain a copy of the budget and shall set forth
the date, the time and place of the hearing. It shall be published
at least 10 days prior to the date fixed therefor in the official
newspaper of the City.
G.
No budget shall be adopted until a public hearing
has been held thereon and all persons having an interest therein shall
have been given an opportunity to present objections. The hearing
shall be held not less than 28 days prior to the approval of the budget.
H.
The public hearing shall be held at the time and place
specified in the advertisement thereof, but may be adjourned from
time to time until the hearing is closed.
I.
The budget, as advertised, shall be read at the public
hearing in full, or it may be read by its title, if:
J.
After closing the hearing, the governing body may
adopt the budget by title, without amendments, or may approve amendments,
as provided in this section, before adoption.
K.
The governing body may amend the budget during or
after the public hearing.
(1)
No amendment by the governing body shall be effective
until taxpayers and all persons having an interest therein shall have
been granted a public hearing thereon, if the amendment shall:
(a)
Add a new item in an amount in excess of 1% of the
total amount as stated in the approved budget; or
(b)
Increase or decrease any item by more than 10%; or
(c)
Increase the amount to be raised pursuant to Section
16 of P.L. 1972, c. 134 (N.J.S.A. 40:56-80), or Section 19 of this
amendatory and supplementary act by more than 5%, unless the same
is made pursuant to an emergency temporary appropriation only.
(2)
Notice of hearing on an amendment shall be advertised
at least three days before the date set therefor. The amendment shall
be published in full in the same manner as an original publication
and shall be read in full at the hearing and before adoption.
L.
Final adoption shall be by resolution, adopted by
a majority of the full membership of the governing body, and may be
by title.
A.
Moneys appropriated and collected for the annual costs
of operating and maintaining a Special Improvement District shall
be credited to a special account. The Mayor and Council may incur
the annual costs of improving, operating and maintaining a Special
Improvement District during the fiscal year, though not specifically
provided for by line item or other category in an approved estimate
for such fiscal year, if in its discretion it shall be deemed necessary
to provide for such annual improvements or operation or maintenance
prior to the succeeding fiscal years and so long as the total amount
of the account as approved for that year is not exceeded by that expenditure.
Any balances to the credit of the account and remaining unexpended
at the end of the fiscal year shall be conserved and applied towards
the financial requirements of the succeeding year. The Mayor and Council
may retain a portion of the collected special assessment proceeds
to offset the direct costs incurred in the required assessment and
budget processes. The Mayor and Council shall pay over funds to the
management corporation quarterly on the first day of March, June,
September and December of each year. The City shall not be obligated
to pay over funds not received by the City.
B.
The District Management Corporation shall cause an
annual audit of its books, accounts and financial transactions to
be made and filed with the Mayor and Council and for that purpose
shall employ a certified public accountant of New Jersey. The annual
audit shall be completed and filed with the governing body within
four months after the close of the fiscal year of the corporation,
and a certified duplicate copy of the audit shall be filed with the
Director of the Division of Local Government Services in the Department
of Community Affairs within five days of the filing of the audit with
the Mayor and Council.
C.
The District Management Corporation shall, within
30 days after the close of each fiscal year, make an annual report
of its activities for the preceding fiscal year to the Mayor and Council
or the Clerk of the City.
Nothing contained herein shall prevent the Council
at anytime subsequent to the adoption of this article by ordinance
from abandoning the operation of the Special Improvement District,
changing the extent of the Special Improvement District, supplementing
or amending the description of the district to be specially assessed
or taxed for annual costs of the Special Improvement District, changing
or repealing any plan, rules, requisitions or limitations adopted
for the operation of the Special Improvement District or rescinding
the designation of or redesignating a District Management Corporation.
[Amended 3-8-2010 by Ord. No. O-8-10; 7-10-2017 by Ord. No. O-16-17; 6-14-2021 by Ord. No. O-22-21]
This Special Improvement District became operable upon the incorporation
of the Rahway Center Management Corporation. The Rahway Center Management
Corporation is no longer the District Management Corporation for the
District. The Rahway Arts and Business Partnership, a nonprofit corporation,
is no longer the management corporation. The City Council of the City
of Rahway is designated as the District Management Corporation.
[Added 6-14-2021 by Ord.
No. O-22-21]
A.
Membership.
(1)
The Rahway Arts and Business Advisory Board shall consist of five
voting members who shall be appointed by the Mayor. Each voting member
shall be a member of at least one of the following categories:
(a)
Voting members:
[1]
Owners of properties within the special improvement district.
[2]
Owners/operators of businesses located within the special improvement
district.
[3]
Owners whose properties are for primary residential use located
within the special improvement district.
[4]
President of the City of Rahway Chamber of Commerce or designee.
(b)
Nonvoting members:
[1]
The Mayor of the City of Rahway (or designee);
[2]
The Business Administrator of the City of Rahway (or designee);
[3]
The City Council President of the City of Rahway (or designee);
[Amended 2-14-2022 by Ord. No. O-6-22]
[4]
The Police Director of the City of Rahway (or designee);
[Amended 2-14-2022 by Ord. No. O-6-22]
[5]
The City Engineer of the City of Rahway (or designee);
[Amended 2-14-2022 by Ord. No. O-6-22]
[6]
The Director of Engineering and Land Use if not the same person as
the City Engineer of the City of Rahway.
[Added 2-14-2022 by Ord. No. O-6-22]
(2)
Each lot within the special improvement district shall only be represented
by one voting member.
B.
Terms. The regular term of office for Rahway Arts and Business Advisory
Board positions shall be for three years, except the President of
the City of Rahway Chamber of Commerce or designee which shall be
for one year. Each member shall hold office until a successor is appointed
and confirmed. Terms shall commence on July 1. The initial term shall
commence July 1, 2021, and expire December 31, 2021. The second term
for appointments as of January 1, 2022, shall be staggered as follows:
(1)
One-year terms: The Mayor shall appoint two individuals to one-year
terms. In the event that President of the City of Rahway Chamber of
Commerce or designee is not appointed, the Mayor shall be able to
appoint three individuals to one-year terms.
(2)
Two-year terms: The Mayor shall appoint one individual to a two-year
term.
(3)
Three-year term: The Mayor shall appoint one individual to a three-year
term.
[1]
Editor's Note: Former § 97-12, When effective; termination,
was repealed 12-8-2014 by Ord. No. O-42-14.
