[1967 Code § 2-23.1]
Pursuant to the provisions of N.J.S.A. 40A:11-11(5), and regulations
promulgated thereunder, the Mayor and Clerk-Administrator are hereby
authorized to enter into a Cooperative Pricing Agreement with the
County of Somerset for the receipt of competitive bids relating to
the purchase of work, materials and supplies and to participate in
the Somerset County Cooperative Pricing System.
[1967 Code § 2-23.2]
The County entering into contracts on behalf of the Borough
of Bound Brook shall be responsible for complying with the provisions
of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.), regulations
promulgated thereunder, and all other provisions of the revised statutes
of the State of New Jersey.
[1967 Code § 2-25.1]
No insurance company authorized to issue fire insurance policies
in the State of New Jersey shall pay to a claimant any claim in excess
of $2,500 for fire damages on any real property located within the
Borough of Bound Brook pursuant to any fire insurance policy issued
or renewed after the adoption of this section and the filing of this
section with the State Commissioner of Insurance until such time as:
a.
All taxes and assessments and all other municipal liens or charges
due and payable appearing on the official certificate of search for
municipal liens pursuant to N.J.S.A. 54:5-12 shall have been paid
either by the owner of such real property or by the insurance company;
or
b.
The municipality submits to the insurance company a copy of a resolution adopted pursuant to Subsection 2-54.2; provided, however, that if an appeal is taken on the amount of any lien or charge, other than an appeal on the assessed valuation of real property pursuant to N.J.S.A. 54:3-21, the insurance company shall withhold 75% of the full amount of the lien or charge being contested pending termination of all proceedings.
[1967 Code § 2-25.2]
The Borough Council may by resolution enter into an agreement
with the owner of any fire damaged property situated in the Borough
of Bound Brook to pay in full all delinquent taxes, assessments or
other municipal liens by installments pursuant to N.J.S.A. 54:5-19
or for the redemption of a tax sale lien by installment payments pursuant
to N.J.S.A. 54:5-65 et seq., if the Borough Council is satisfied that
the claim for fire damages is to be used to restore or improve the
fire damaged property.
In the event of such resolution, a certified copy of the resolution
shall be sent to the insurance company authorizing the insurance company
to make full payment on the claim to the insured.
[1967 Code § 2-25.3]
Notwithstanding the provisions of Subsection 2-54.1 an insurance company may pay proceeds of a fire insurance policy to a mortgagee of fire damaged real property where the fire insurance policy at the time of the loss listed the mortgagee as a named insured; provided said payment may not be in an amount which exceeds that due and payable to the mortgagee under the mortgage contract.
[1967 Code § 2-26.1; Ord. No. 2014-08 § 1]
a.
There is hereby created and designated within the Borough of Bound Brook, the "Bound Brook Special Improvement District" (the "District") hereinafter designated by street address and tax lot and block number set forth in Subsection 2-55.3. The District shall be subject to a special assessment of all commercial property within the District, which shall be imposed by the Borough of Bound Brook for the purposes of promoting the economic and general welfare of the District and the municipality, as well as for the purposes of permitting capital improvement projects to be undertaken for the benefit of the District.
b.
For purposes of this section, commercial property shall be defined
as any property classified as 4A or 4C by the Municipal Tax Assessor.
However, to the extent any property serves as an owner occupied residence,
the portion of the property that is utilized as an owner occupied
residence shall be exempted from the special assessment and the remainder
of that property shall be assessed.
[1967 Code § 2-26.2; Ord. No. 2014-08 § 2]
The Corporation shall be established as a tax-exempt, nonprofit
organization under § 501(c) of the United States Internal
Revenue Code.
[1967 Code § 2-26.3; Ord. No. 2014-08 § 3]
a.
All costs of development, construction and acquisition relating to
providing public improvements for the District not borne by Federal,
State, County or local governments shall be financed and assessed
to properties specially benefited by such improvements. The properties
specially benefited by the creation of the District as described by
lot and block number and street address are listed in Appendix "A."
(Appendix A may be found as an attachment to this chapter.)
b.
The Governing Body has determined that the properties specially benefited
consist of all commercial properties within the District.
[1967 Code § 2-26.4]
It is hereby determined that the improvements in the District may involve annual costs in addition to the initial cost of constructing and making improvements within the District. Such annual costs relate to maintenance services peculiar to the District and are distinguished from maintenance services normally provided by the Borough outside of the District and will provide benefits primarily to the property included in the District rather than to the Borough as a whole. The improvements and the facilities thereof shall be maintained and operated pursuant to the provisions of this section and to N.J.S.A. 40:56-65 et seq., and the costs thereof shall be assessed or taxed to the benefited properties or businesses pursuant to this section and N.J.S.A. 40:56-80 or N.J.S.A. 40:56-85. The properties to be assessed or taxed to provide for the payment of such annual costs are described in Subsection 2-55.3.
[1967 Code § 2-26.5]
Concurrently with the submission of the Improvement Implementation
Plan for the Special Improvement District and annually thereafter
the District Management Corporation Administrator, with the assistance
of the District Management Corporation, shall, in accordance with
N.J.S.A. 40:56-80, report to the Borough Council an estimate of the
cost of operating and maintaining and annually improving the District
for the next fiscal year to be incurred under the Plan and an estimate
of the changes in the amounts of said cost which would follow upon
the adoption of any addition or amendments to the Plan recommended
to or under consideration by the Borough Council. Such estimates shall
be reasonably itemized and shall include a summary of the categories
of cost properly chargeable in accordance with N.J.S.A. 40:56-80.
[1967 Code § 2-26.6]
The District Management Corporation Administrator, with the
assistance and concurrence of the District Management Corporation,
shall submit a detailed annual budget for approval by resolution of
the Borough Council. The budget submitted by the District Management
Corporation shall set forth the amounts anticipated to be allocated
separately to management activities and those amounts to be allocated
to capital improvements. The budget shall be submitted with a report
which explains how the budget contributes to the goals and objectives
for the District. The budget shall be introduced, advertised, subject
to public hearing, amended and adopted by not less than a majority
of the full membership of the Governing Body in accordance with the
procedures set forth in N.J.S.A. 40:56-84.
[1967 Code § 2-26.7]
The District Management Corporation, as hereinafter described,
shall cause an annual audit of its books, accounts and financial transactions
to be made and filed with the Governing Body in accordance with N.J.S.A.
40:56-88 and for that purpose the Corporation 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 and a certified duplicate copy of the audit shall
be filed with the Department of Community Affairs within five days
of the filing of the audit with the Governing Body.
[1967 Code § 2-26.8]
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 Governing Body of the municipality.
[1967 Code § 2-26.9; Ord. No. 2014-08 § 4]
There is hereby created the "Borough of Bound Brook District
Management Corporation" (the "Corporation"), which shall exercise
the following powers:
a.
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;
b.
The Corporation may employ such persons as may be required, and fix
and pay their compensation from funds available to the Corporation;
c.
Apply for, accept, administer and comply with the requirements respecting
an appropriation of funds or a gift, grant or donation of property
or money;
d.
The Corporation may make and execute agreements which may be necessary
or convenient to the exercise of the powers and functions of the Corporation,
including contracts with any person, firm, corporation, governmental
agency or other entity;
e.
The Corporation may borrow money from private and governmental entities
as allowed by law;
f.
Fund the improvement of the exterior appearance of properties in
the district through grants or loans;
g.
Fund the rehabilitation of properties in the District;
h.
The Corporation may accept, purchase, rehabilitate, sell, lease or
manage property in the District;
i.
Enforce the conditions of any loan, grant, sale or lease made by
the Corporation;
j.
Provide security, sanitation and other services to the District supplemental
to those provided normally by the Borough;
k.
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;
l.
Publicize the District and the businesses included within the District
boundaries;
m.
Recruit new businesses to fill vacancies in, and to balance the business
mix of, the District;
n.
Organize and coordinate special events in the District pursuant to
pertinent regulations of the Borough Council;
o.
Provide special parking arrangements for the District subject to
prior Borough Council approval; and
p.
Subject to prior Borough Council approval, the Corporation may undertake
capital improvement projects designed to benefit the District, which
shall include but are not limited to improvements set forth in N.J.S.A.
40:56-66(a).
[1967 Code § 2-26.10; Ord. No.
2014-08 § 5]
The Corporation shall be governed by a Board of Trustees consisting
of at least seven but not more than nine voting members appointed
by the Borough Council as follows:
a.
A member of the Borough Council appointed by a majority vote of the
Borough Council; two residents of the Borough of Bound Brook; three
persons who are owners of real estate within the District, or officials
of a corporation or entity owning real estate within the District;
and three persons who are proprietors of businesses conducted in the
District.
b.
The appointment of members to the Board of Trustees shall initially
be as follows: three members for a one-year term; four members for
a two-year term; and two members for a three-year term. Thereafter,
appointments will be for a three-year term. Terms shall expire on
December 31;
c.
Vacancies on the Board of Trustees shall be appointed at the sole
discretion of the Borough Council after consideration of recommendations
by the District Board and will be filled for the expiration of the
term;
d.
The member of the Borough Council shall be appointed for a one-year
term ending December 31; and
e.
The Chairman of the Board of Trustees shall be appointed from among
the Trustees annually.
[1967 Code § 2-26.12; Ord. No.
07-03]
Effective January 1, 1997 Special Improvement Assessments shall
not be assessed and collected from all properties within the Special
Improvement District, until further action of the Mayor and Borough
Council. During the period of this moratorium the Mayor and Council
will engage in a study of the benefits and obligations conferred upon
the property and business owners within the Special Improvement District
so as to determine whether such properties and businesses should be
eliminated from the Special Improvement District or whether this moratorium
shall be repealed with the special assessments being reimposed and
collected.
[1967 Code § 4-19]
The Borough hereby cooperates with all other municipalities
which adopt a similar reciprocal ordinance providing for inter-municipal
police assistance in times of emergency.
The inter-municipal assistance will be provided if and when
the Borough of Bound Brook has an emergency within its boundaries
requiring additional police assistance to protect life and property,
or to assist in suppressing a riot or disorder; and whenever another
municipality, which has enacted a similar reciprocal ordinance, may
experience a similar emergency requiring additional police assistance.
The Chief of Police of the Borough of Bound Brook, or the highest
ranking officer on duty at the time, is hereby authorized to request
assistance from the Chief, or the highest ranking officer on duty,
of the Police Departments of the other municipalities for inter-municipal
police assistance during and/or after an emergency situation.
The Chief of Police of the Borough of Bound Brook, or the highest
ranking officer on duty at the time, shall provide assistance to another
municipality or municipalities making a valid request to supply such
personnel and equipment, to the extent possible without endangering
person or property within the Borough of Bound Brook.
Members of the Bound Brook Police Department supplying emergency
assistance to another municipality shall have the same powers and
authority as have the members of the Police Department of the municipality
in which the assistance is being rendered. Additionally, the members
shall also have, while so acting, said rights and immunities as they
may otherwise enjoy in the performance of their normal duties within
the Borough of Bound Brook.
The Borough of Bound Brook shall, upon providing assistance
to another municipality which has enacted a similar inter-municipal
assistance ordinance, assume the cost and expense of providing the
personnel and equipment to the requesting municipality; excepting
such instances when the requesting municipality receives State or
Federal Aid as reimbursement therefor. In this event, the costs incurred
by the Borough shall be submitted to the municipality which requested
assistance for reimbursement.
At such times that an emergency may occur and inter-municipal
police aid is requested, the Chief of Police of the municipality wherein
the emergency situation exists, shall be the senior ranking officer
of all members of any Police Department rendering assistance within
the boundaries of the municipality.
In the event any member of a police force summoned pursuant
to an agreement to render assistance, suffers injury or death in the
performance of his or her duties, he/she or his/her designee or legal
representative shall be entitled to such salary, pension rights, workman's
compensation or other benefits as would have accrued if such injury
or death had occurred in the performance of his or her normal duties.
[Ord. No. 07-05; Ord. No. 2013-02]
There is hereby created the Economic Development Advisory Committee
(EDAC) for the Borough of Bound Brook. The Committee shall consist
of 11 members and shall have the powers enumerated herein.
[Ord. No. 07-05]
a.
The members of the Committee shall be appointed by the Mayor, with
the advice and consent of the Borough Council.
b.
Each member need not be a resident of the Borough.
c.
Appointments shall be for a period of three years. The initial appointments
shall be staggered so as to achieve continuity. Three of the initial
appointments shall be for three-year terms, three of the initial appointments
shall be for two-year terms and three of the initial appointments
shall be for a one year term. Thereafter all subsequent appointments
shall be for three-year terms.
d.
If a vacancy in any term shall occur other than by expiration of
that term, it shall be filled by appointment as above provided for
the unexpired term.
e.
At least one member shall be a member of the Borough Council.
f.
At least two of the appointed members should, but need not be, business
owners in the Borough of Bound Brook.
g.
Members of the Committee shall choose from among its membership a
Chairman, Vice Chairman, and Secretary and such other officers as
may be deemed necessary.
[Ord. No. 07-05]
The duties of the Committee shall include, but not be limited
to, advising the Council as to the following:
a.
To encourage revitalization and rehabilitation of existing underutilized
or unutilized buildings, and expansion of existing and potential business,
office and commercial uses to the best interests of the Borough of
Bound Brook, consistent with the Borough's Master Plan, and its desire
for additional taxable revenue.
b.
The Committee shall also seek, where appropriate, opportunities for
rehabilitation and revitalization. The areas of concentration for
the Committee shall generally include, but are not limited to:
1.
Main Street Business District (from East Main Street, west to West
Main Street and Columbus Place and north to High Street Between East
Street and Mountain Avenue and West Second Street to Church Street).
2.
Talmadge Avenue District (from Talmadge Avenue west from Columbus
Place to west of Tea Street and north to West Second Street).
3.
West Main Street Industrial District (from West Main Street and the
railroad tracks west to Vosseller Avenue).
4.
Rt. 28 Business District (from Rt. 28 at the Middlesex Borough border
to Rt. 28 and Interstate 287).
c.
To inquire into, survey and publicize the extent, advantages and
utilities of underutilized and unutilized existing residential and
commercial facilities and offices, and where appropriate, opportunities
for rehabilitation and revitalization presently zoned for commercial
or office development in the Borough.
d.
To study and analyze the basic economic advantages and a cost benefit
analysis (CBA) of additional economic development in the Borough of
Bound Brook.
e.
To study and analyze the various business and economic development
organizations of the region and the nation with a view to ascertaining
opportunities for expansion of desirable tax revenues in the Borough.
f.
Subject to the availability of funds and approval of the Borough
Council, to advertise and promote the advantages and opportunities
of locating in the Borough of Bound Brook and the availability of
real estate, and where appropriate, opportunities for rehabilitation
and revitalization within the Borough for desirable tax revenues and
to encourage and accomplish such uses within the Borough.
g.
To seek desirable businesses to purchase or lease vacant property,
and where appropriate, opportunities for rehabilitation and revitalization
zoned for commercial and office use in the Borough.
h.
To provide to the Borough Council written quarterly reports of studies
and activities undertaken by the full Committee, and or members of
the Committee.
i.
Subject to the availability of funds and approval of the Borough
Council, to prepare and disseminate material and data advertising
the advantages of the Borough of Bound Brook to new business, and
commercial entities as may be anticipated to provide desirable ratables.
[Ord. No. 07-05]
The Committee shall receive from all officials, officers and
official bodies of the Borough such assistance as may be required
by the Committee in performing its duties, and the Committee shall
have access to all municipal information and records which may assist
it in the performance of its duties.
[Ord. No. 07-05]
There shall be appropriated by the Borough Council annually
such sums as may be determined by the Borough Council to be necessary
for the purpose of fulfilling the duties and objectives of the Committee,
the use and expenditure of such funds to be approved by the Borough
Council.
[Ord. No. 2009-18]
The Borough Council Chambers shall be used for the sole purpose
of meetings of the Borough Council, its authorized subcommittees,
the Municipal Court of Bound Brook and other official Boards and Commissions
of the Borough of Bound Brook established by the Borough Council.
The Borough Administrator may authorize the use of the Council Chambers
for official Borough of Bound Brook business at his discretion when
the Chambers are not otherwise in use.
[Ord. No. 2011-1]
As used in this section:
Whose contributions are regulated by this section shall mean:
(i) an individual including the individual's spouse, and any child/children;
(ii) a firm; corporation; professional corporation; partnership; limited
liability company; organization; association; and any other manner
and kind of business entity; (iii) any person who owns 10% or more
of the equity or ownership or income interests in a person or entity
as defined in items (i) and (ii) above and their spouses and child/children;
(iv) any partner or officer of such an entity, and their spouses and
child/children; (v) 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 item (i) 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 section; and (vi) all persons who are an "affiliate" of a
business entity as defined in items (i), (ii) and (v) above, as such
term is used in 11 U.S.C. § 101(2).
(i) Every candidate for Borough of Bound Brook elective municipal
office; (ii) every candidate committee established by or for the benefit
of a candidate for Borough of Bound Brook elective municipal office;
(iii) every joint candidate committee established in whole or in part
by or for the benefit of a candidate for Borough of Bound Brook elective
municipal office; (iv) every political party committee of the Borough
of Bound Brook; and (v) every political committee, continuing political
committee, or other form of association or organization that regularly
engages in the support of candidates for the Borough of Bound Brook
municipal elective offices or Borough of Bound Brook municipal political
parties or political party committees. The terms in the foregoing
paragraph have the meaning prescribed in N.J.A.C. 19:25-1.7.
All contracts for "professional services" and "extraordinary
unspecifiable services" as such term is used in N.J.S.A. 40A:11-5.
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.
[Ord. No. 2011-1 § 1]
a.
To the extent that it is not inconsistent with State or Federal law,
the Borough of Bound Brook and any of its departments, instrumentalities
or purchasing agents shall not enter into any agreement or otherwise
contract to procure "professional services" as such term is defined
at N.J.S.A. 40A:11-2(6) and used at N.J.S.A. 40A:11-5(1)(a)(i) and/or
banking, insurance or other consulting service (hereinafter "professional
services"), nor "extraordinary unspecified services" as such term
is defined at N.J.S.A. 40A:11-2(7) and used at N.J.S.A. 40A:11-5(1)(a)(ii)
and/or media, public relations, lobbying, parking garage management
or other consulting and/or management service (hereinafter "extraordinary
unspecified services") from any business entity if such business entity
has solicited or made any contribution to (i) a candidate, candidate
committee or joint candidates committee or any candidate for elective
municipal office in the Borough of Bound Brook or a holder of public
office having ultimate responsibility for the award of a contract,
or (ii) to any Borough of Bound Brook political committee or political
party committee, or (iii) to any continuing political committee or
political action committee that regularly engages in the support of
the Borough of Bound Brook elections and/or Borough of Bound Brook
candidates, candidate committees, joint candidate committees, political
committees, political parties, political party committees, (hereinafter
"PAC") in excess of the thresholds specified in paragraph c within
one calendar year immediately preceding the date of the contract or
agreement.
b.
No business entity who submits a proposal for, enters into negotiations
for, or agrees to any contract or agreement with the Borough of Bound
Brook or any of its departments or instrumentalities, for the rendition
of professional services or extraordinary unspecified services shall
knowingly solicit or make any contribution, to (i) a candidate, candidate
committee or joint candidates committee of any candidate for elective
municipal office in the Borough of Bound Brook or a holder of public
office having ultimate responsibility for the award of a contract,
or (ii) to any Borough of Bound Brook political committee or political
party committee, or (iii) and PAC between the time of first communication
between that business entity and the municipality regarding a specific
agreement for professional services or extraordinary unspecified services,
and the later of the termination of negotiations or rejection of any
proposal, or the completion of the performance or specified time period
of that contract or agreement in excess of the thresholds specified
in paragraph c within one calendar year immediately preceding the
date of the contract or agreement.
c.
The monetary thresholds of this section are: (i) a maximum of $300
per calendar year each for any purpose to any candidate or candidate
committee for Mayor or Governing Body, or $500 per calendar year to
any joint candidates committee for Mayor or Governing Body; (ii) $500
maximum per calendar year to a Borough of Bound Brook political committee
or political party committee; and (iii) $500 maximum per calendar
year to any PAC. However, for each business entity party to a contract
for professional or extraordinary unspecified services as defined
in paragraph a., or engaged in negotiations for a contract defined
in paragraph a., when such business entity's contribution is aggregated
with all "persons" defined in Subsection 2-59.1d of Definitions above,
by virtue of their affiliation to that business entity party, a maximum
of $2,500 to any Borough of Bound Brook candidate, candidate committee,
or holder of public office having ultimate responsibility for the
award of a contract, any Borough of Bound Brook political committee
or political party committee as described herein, without violating
paragraph a of this subsection.
d.
For purposes of this section, the office that is considered to have
ultimate responsibility for the award of the contract shall be (i)
the Borough of Bound Brook Mayor or Governing Body, if the contract
requires approval or appropriation from the Mayor or Governing Body,
or (ii) the Mayor of the Borough of Bound Brook, if the contract requires
approval of the Mayor, or if a public officer who is responsible for
the award of a contract is appointed by the Mayor.
e.
Rules regarding subcontractors. No person may be awarded a subcontract
to perform under a contract subject to this section, if the subcontractor
would be disqualified by paragraph a from receiving the contract,
perform substantially all of obligations described in a contract for
professional or extraordinary services that is subject to this section.
[Ord. No. 2011-1 § 2]
No contribution or solicitation of contributions made prior
to the effective date of this section (Ordinance No. 2011-1 was adopted
March 8, 2011) shall be deemed to give rise to a violation of this
section.
[Ord. No. 2011-1 § 3]
No contract subject to this section may be renewed, extended,
or materially modified unless the resulting renewal, extension or
modification would be allowable under the provisions of this section
if it were an initial contract.
[Ord. No. 2011-1 § 4]
a.
Prior to awarding any contract or agreement to procure professional services or extraordinary unspecified services from any business entity, the Borough of Bound Brook or its purchasing agents and departments, as the case may be, shall receive a sworn statement from said business entity which is the intended recipient of said contract that he/she/it has not made a contribution in violation of Subsection 2-59.2 of this section. The Borough of Bound Brook, its purchasing agents and departments shall be responsible for informing the Borough Council that the aforementioned sworn statement has been received and that the business entity is not in violation of this ordinance, prior to awarding the contract or agreement.
b.
A business entity shall have a continuing duty to report to the Borough
of Bound Brook any contributions that constitute a violation of this
act that are made during the negotiation, proposal process or the
duration of a contract. The Borough of Bound Brook, its purchasing
agents and departments shall be responsible for informing the Governing
Body within 10 business days after receipt of said report from the
business entity, or at the next Borough Council meeting following
receipt of said report from the business entity, or whichever comes
first.
c.
The certification required under this subsection shall be made prior
to entry into the contract or agreement with the Borough of Bound
Brook, or prior to the provision of services or goods, as the case
may be, and shall be in addition to any other certifications that
may be required by any other provision of law.
[Ord. No. 2011-1 § 5]
A business entity that is a party to a contract for professional services or extraordinary unspecified services may cure a violation of Subsection 2-59.2 of this section, 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.
[Ord. No. 2011-1 § 6]
The contribution limitations prior to entering into a contract in Subsection 2-59.2a do not apply to contracts which (i) 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 (ii) are awarded in the case of emergency under N.J.S.A. 40A:11-6. There is no exemption for contract awarded pursuant to a Fair and Open Process under N.J.S.A. 19:44A-20 et seq.
[Ord. No. 2011-1 § 7]
a.
It shall be a material breach of the terms of the Borough of Bound
Brook agreement or contract for professional services or extraordinary
unspecified services with a business entity that is a party to such
agreement or contract has: (i) made or solicited a contribution in
violation of this section; (ii) knowingly concealed or misrepresented
a contribution given or received; (iii) made or solicited contributions
through intermediaries for the purpose of concealing or misrepresenting
the source of the contribution; (iv) made or solicited any contribution
on the condition or with the agreement that it will be re-contributed
to a candidate, candidate committee or joint candidates committee
or any candidate for elective municipal office in the Borough of Bound
Brook or a holder of public office having ultimate responsibility
for the award of a contract or any Borough of Bound Brook or Somerset
County political committee or political party committee, or any PAC;
(v) engaged or employed as a lobbyist or consultant with the intent
or understanding that such lobbyist or consultant would make or solicit
any contribution, which if made or solicited by the professional business
entity itself, would subject that entity to the restrictions of this
section; (vi) funded contributions made by third parties, including
consultants, attorneys, family members, and employees; (vii) engaged
in any exchange of contributions to circumvent the intent of this
section; or (viii) directly or indirectly, through or by any other
person or means, done any act which if done directly would subject
that entity to the restrictions of this section.
b.
Furthermore, any business entity that violated Subsection 2-59.8a shall be disqualified from eligibility for future Borough of Bound Brook contracts for a period of four calendar years from the date of the violation.
c.
Any person who knowingly, purposely, or recklessly violates any provision
of this section, or who conspires with another person to violate any
provision of this section, or who, with the purpose of promotion or
facilitating a violation of this section, solicits another person
to commit it, or aids or agrees, or attempts to aid another person
in planning or committing it, shall be subject to punishment including
fines and/or imprisonment as fixed by law for violation of the ordinance
of the Borough of Bound Brook.
[Ord. No. 2011-1 § 8]
In addition to any rights that were heretofore available, or
which may hereafter be available, to citizens, taxpayers, or associations,
to challenge violations of this section, every person aggrieved by
a violation of the section, or any taxpayer or resident of the Borough
of Bound Brook has the right, consistent with the Rules of Court,
to file charges in a court of competent jurisdiction, and/or to pursue
a civil action for a violation of this section in a court of competent
jurisdiction and to seek and obtain declaratory, injunctive or other
legal or equitable relief, including but not limited to attorneys
fees and costs, arising from or related to a violation of this section.
[Ord. No. 2011-2 § 11]
The monetary thresholds of Definitions, Subsection 2-59.1d and Subsection 2-59.2e of this section shall be increased effective March 1 of each calendar year by the percentage increase, in the prior calendar year, of the consumer price index for all urban consumers (CPI-U) for the New York-Northern New Jersey-Long Island region, rounded to the nearest $10. The Clerk of the Borough of Bound Brook shall, by no later than April 1 of each calendar year, prepare and publish the revised thresholds on the official municipal website and in an official municipal newspaper.
