[Amended 2-22-1989 by Ord. No. 5-89]
There is hereby created a fund or account to
be known or designated as the "Borough of Hopatcong Trust Account."
Disbursement from said account shall be made by checks signed by the
Chief Financial Officer and countersigned by the Mayor and Clerk after
approval by the governing body.
Whenever any person, firm or corporation has
agreed, or is otherwise required, to reimburse the Borough of Hopatcong
for costs, expenses or fees of any kind or character, all sums paid
by any such third person to the Borough of Hopatcong shall be deposited
in the trust account herein established. Funds received from such
third persons may be to cover such things as the following enumerated
costs, expenses or fees but not limited thereto: the costs of preparing
and publishing any notice, ordinance or resolution; the costs of mailing
notices required pursuant to the provisions of any law or ordinance;
the legal fees of the Municipal Attorney or the attorney for the Planning
Board or any other local agency incurred by reason of preparation
of papers, ordinances, attendance at conferences or other services;
the fees of the Borough Engineer incurred by reason of making inspections
required by the governing body, Planning Board or other official body
or made pursuant to the provision of any ordinance, or for the preparation
of plans or other services required by the Borough; the fees of the
Borough Planning Consultant for consultations or special planning
work required in connection with any proposed development of land
within the Borough of Hopatcong; and the fees, expenses or charges
or the estimated pro rata costs to the Borough for any services rendered
by any Borough official or employee, all as directed by the governing
body under circumstances where the Borough of Hopatcong is entitled
to be reimbursed for the costs, expenses and charges incurred by it
in connection therewith.
Except where there is a specific ordinance requirement
as to the amount of any deposit, the governing body shall, by resolution,
detail the services to be performed by any of said Borough officials
or employees and shall obtain an estimate of the costs of such services,
and of all other charges or costs which may be involved. Said resolution
shall provide the sum which shall be deposited by the third person,
firm or corporation as agreed with the governing body, and all terms
and conditions relating thereto. Said amount, upon receipt, shall
be deposited in the trust account and shall be disbursed therefrom
only as may be directed by the governing body.
[Amended 2-22-1989 by Ord. No. 5-89]
Upon deposit of said sum or sums as directed
by the governing body in the trust account, the officers or employees
of the Borough who have been so designated or directed may proceed
to perform such services or incur such costs or expenses as may be
necessary for the carrying out of the contemplated purposes, and thereafter,
upon receipt of proper vouchers and approval by the governing body
the costs, expenses or fees for which vouchers have been submitted
and approved shall be paid out of said account. Any funds remaining
after the payment of all costs, expenses or fees in connection with
any particular matter or project may be returned to the person, firm
or corporation depositing said funds. Should there be insufficient
funds in said trust account to pay all such expenses, charges or fees,
the Municipal Chief Financial Officer and/or Clerk shall immediately
notify the depositor and require that additional funds sufficient
to pay all such expenses, charges or fees be immediately deposited
with the Borough of Hopatcong.
[Adopted 9-7-2011 by Ord. No. 24-2011]
As used in this article, the following terms shall have the
meanings indicated:
BUSINESS ENTITY
A "business entity" whose contributions are regulated by
this article means:
A.
An individual including the individual's spouse, and any
child/children;
B.
A firm; corporation; professional corporation; partnership;
limited liability company; organization; association; and any other
manner and kind of business entity;
C.
Any person who owns 10% or more of the equity or ownership or income interests in a person or entity as defined in Subsections
A and
B above and their spouses and child/children;
D.
All partners or officers of such an entity, in the aggregate,
and their spouses and child/children;
E.
Any person, subcontractor, subsidiary, corporation, firm, partnership, limited liability company, organization or association who has received or indefeasibly acquired the right to receive, from a person described in Subsection
A above, more than $100,000 in compensation or income of any kind (including, by way of illustration, and not limitation: wages, salaries, sums paid to independent contractors, benefits, dividends, profit-sharing, pension contributions, deferred contributions, stock, stock options or gifts), in any twelve-month period prior to the award of, or during the term of, a contract subject to this article; and
F.
All persons who are an "affiliate" of a business entity as defined in Subsections
A,
B and
E above, as such term is used in 11 U.S.C. § 101(2).
CAMPAIGN COMMITTEE
A.
Every candidate for Borough of Hopatcong elective municipal
office;
B.
Every candidate committee established by or for the benefit
of a candidate for Borough of Hopatcong elective municipal office;
C.
Every joint candidate committee established in whole or in part
by or for the benefit of a candidate for Borough of Hopatcong elective
municipal office;
D.
Every political party committee of the Borough of Hopatcong;
and
E.
Every political party committee of the County of Sussex. The
terms in the foregoing paragraph have the meaning prescribed in N.J.A.C.
19:25-1.7.
CONTRIBUTION
Has the meaning prescribed in N.J.A.C. 19:25-1.7. By way
of illustration, and not limitation, this definition includes pledges,
loans, and in-kind contributions.
No contribution or solicitation of contributions made prior
to the effective date of this article shall be deemed to give rise
to a violation of this article.
No contract subject to this article may be renewed, extended,
or materially modified unless the resulting renewal, extension, or
modification would be allowable under the provisions of this article
if it were an initial contract.
A business entity that is a party to a contract for professional services or extraordinary unspecified services may cure a violation of §
20-6 of this article, if, within 30 days after the date on which the applicable ELEC report is published, said business entity notifies the municipality in writing and seeks and receives reimbursement of the contribution from the recipient of such contribution.
The contribution limitations prior to entering into a contract in §
20-6C do not apply to contracts which are awarded to the lowest responsible bidder after public advertising for bids and bidding therefor within the meaning of N.J.S.A. 40A:11-4, or are awarded in the case of emergency under N.J.S.A. 40A:11-6. There is no exemption for contracts awarded pursuant to a "fair and open process" under N.J.S.A. 19:44A-20 et seq.