[G.O. No. 1675, § I; G.O. No. 1724, § I]
(a) 
There is hereby created and designated within the Town of Westfield the Westfield Special Improvement District (the "district"), hereinafter designated by street address and tax lot and block number as set forth in Exhibit A attached hereto.[1] All the costs of development, construction, and acquisition relating to the provision of improvements within the Special Improvement District not borne by Federal, State, county or local government shall be assessed or taxed to properties specially benefited thereby, as provided by N.J.S.A. 40:56-65 et seq. The improvements and facilities of the district shall be operated and maintained, and the annual costs thereof shall be assessed or taxed to properties specially benefited thereby pursuant to the provisions of this ordinance and N.J.S.A. 40:56-80 or N.J.S.A. 40:56-85.
(b) 
The special assessment rate in the district shall be limited to 10% of the total of the prior year's local, county and school tax rates.
(c) 
Tax exempt properties are hereby excluded from the foregoing special assessments. Properties exclusively in residential use are also excluded from the foregoing special assessment. All other properties within the designated district, including those of a mixed residential and commercial use, shall be subject to special assessment provided by the ordinance. Any residential portion of a mixed use shall not be excluded from the special assessment.
[G.O. No. 1675, § I]
Construction or alteration of building and structure facades within the district shall be subject to prior review and recommendation by the architectural review board to promote compliance with design criteria included in General Ordinance No. 1577.
[G.O. No. 1675, § I; G.O. No. 1717, § I]
There is hereby created a district management corporation which shall be known as the "Downtown Westfield Corporation" (the "corporation") which shall have the authority to exercise the following powers:
(a) 
Adopt bylaws for the regulation of its affairs and the conduct of its business, and prescribe rules, regulations, and policies in connection with the performance of its function and duties;
(b) 
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) 
Make and execute agreements which may be necessary or convenient to the exercise of powers and functions of the corporation, including contracts with any person, firm, corporation, governmental agency or other entity;
(e) 
Administer and manage its own funds and accounts and pay its obligations;
(f) 
Subject to prior Town Council approval, borrow money from private lenders for periods not to exceed 180 days and from governmental entities for that or longer periods;
(g) 
Fund the improvement and/or rehabilitation of the exterior appearance of the properties in the district through grants or loans;
(h) 
Subject to prior Town Council approval, 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 municipal government;
(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, and those improvements generally permitted for pedestrian malls under N.J.S.A. 40:56-66 pursuant to pertinent regulations of the Town Council;
(l) 
Publicize the district and 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 special events in the district pursuant to pertinent regulations of the Town Council;
(o) 
Provide special parking arrangements for the district subject to prior Town Council approval; and
(p) 
Provide temporary decorative lighting in the district.
[G.O. No. 1675, § I]
Each year, the Town Administrator, with the assistance of the district management corporation, shall report to the Town Council an estimate of the cost of operating, maintaining and annually improving the district for the next fiscal year. Such estimate 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. The Town Administrator, with the assistance and concurrence of the district management corporation, shall submit a detailed annual budget for approval by the Town Council.
[G.O. No. 1675, § I; G.O. No. 1717, § II; amended 2-11-2020 by G.O. No. 2156]
(a) 
The corporation shall be governed by a Board of Directors consisting of 11 members appointed by the Mayor with the approval of the Town Council as follows:
(1) 
A member of the Town Council for a one-year term commencing January 1;
(2) 
Three persons who are owners of real estate within the District, or officials of a corporation or entity owning real estate within the District, to be called "owner directors."
(3) 
Three persons who operate a business within the district but do not own property within the district, to be called "operator directors."
(4) 
Four residents of the Town of Westfield who are neither owners of property within the District nor owners or operators of a business within the District, to be called "resident directors."
(5) 
Appointments of the real estate owner, business operator, and resident classes shall be for three-year terms, and so staggered that appointments within each class overlap to the greatest extent possible.
(6) 
In addition, the Town Administrator or his/her designee, and the Mayor or his/her designee, shall be ex officio, nonvoting members of the Board of Directors.
(b) 
District Management Advisory Board.
(1) 
There shall be an advisory board of not less than 15 nor more than 25 members. The term of the office and manner of appointment shall be provided for in the bylaws of the corporation.
(2) 
Activities of the District Management Advisory Board. The Advisory Board shall assist the Board of Directors of the district management corporation by providing advice to the Board of Directors in development of the annual program, plan and budget for the corporation, and shall provide ongoing advice and counsel to the Board of Directors as requested by the Board of Directors.
[G.O. No. 1675, § I]
The services already provided to the district through the General Fund of the Town of Westfield shall continue to be provided through such General Fund, and not be transferred to the budget of the corporation; except that the Town of Westfield may provide these services by way of subcontracting the work to other parties, including in whole or in part, the district management corporation, or by such other means that may be appropriate so long as the level of services provided by the Town of Westfield shall continue irrespective of how these services are provided. These services are to be detailed in the plan of co-ordination that shall be developed by the board of the district management in consultation with the Town Council and approved annually by the board of directors and the Town Council and which shall specify how these services are to be provided and how the cost thereof shall be allocated.
[G.O. No. 1675, § I]
The corporation shall cause an annual audit of its books, accounts and financial transactions to be made and filed with the Town Council of the Town of Westfield, and that for that purpose, the corporation shall employ a certified public accountant of the State 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.
[G.O. No. 1675, § I]
The corporation shall within 30 days after the close of the fiscal year make an annual report of its activities for the preceding fiscal year to the Town Council of the Town of Westfield.
[G.O. No. 1675, § I; G.O. No. 1717, § III]
The Town Council reserves the right to terminate the district and/or corporation at any time. Upon such termination, the Town of Westfield shall acquire title to the assets and assume the liabilities of the corporation.