[Ord. No. 429-97, Preamble]
Businesses and properties located in the boardwalk area in the
City of Wildwood have petitioned the governing body to create a special
improvement district pursuant to N.J.S.A. 40:56-65 et seq.
The governing body regards the boardwalk area as an integral,
vital, economic and social area within the City of Wildwood; and
The anticipated services to be provided to this special improvement
district will only serve to enhance the safety, welfare and economic
growth of the boardwalk area, its inhabitants and the City of Wildwood
as a whole.
Pursuant to N.J.S.A. 40:56-65 et seq. ("The Act") the governing
body of the City of Wildwood hereby determines the following:
a.
The area within the City of Wildwood that is described by block and
lot numbers and by street addresses as set forth in Schedule A of
this section[1] and the property owners, tenants and inhabitants therein
will benefit from being designated as a Boardwalk Special Improvement
District as will the whole of the City of Wildwood with the exception
of the following properties that will not be a part of the Special
Improvement District:
[1]
Editor's Note: Schedule A is on file in the City offices.
b.
A district management corporation would provide administrative and
other services to benefit those consumers in the Boardwalk Special
Improvement District and will also assist the City of Wildwood in
promoting economic growth and employment;
c.
A special assessment may be imposed and collected by the City of
Wildwood with the regular property tax payment (or payment in lieu
of taxes) or otherwise on properties located within the Boardwalk
Special Improvement District and that these payments shall be transferred
to the district management corporation to effectuate the purpose of
this section and to exercise the powers given to it pursuant to this
section;
d.
It is in the best interests of the City of Wildwood and its inhabitants
to create a Boardwalk Special Improvement District and to designate
a district management corporation to administer the district; and
Based upon these findings and the desires of business owners,
merchants and property owners in the boardwalk area, the governing
body hereby desires to establish the area designated in Schedule A[2] as a Boardwalk Special Improvement District within the
boardwalk area.
[2]
Editor's Note: Schedule A is on file in the City offices.
[Ord. No. 429-97, § 1]
The recitation set forth in the preamble above is hereby incorporated
in the chapter.
[Ord. No. 429-97, § 2]
The Boardwalk Special Improvement District ("district") is hereby
established consisting of the properties designated and listed on
Schedule A annexed hereto by tax block and lot numbers and street
addresses.[1]
[1]
Editor's Note: Schedule A is on file in the City offices.
[Ord. No. 429-97, § 3; Ord. No. 655-05, § 1]
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 formula for the assessment is as follows: Each property's
current assessed value, as determined by Wildwood Tax Assessor for
real estate tax purposes, will be multiplied by the appropriate factored
amount to sustain the approved annual budget to determine the amount
of the Special Improvement District assessment. The foregoing assessment
shall be collected as a special assessment against the properties
that are within the district as defined in Schedule 'A',
and in additional schedules, such as Schedule 'B', as delineated
by the budget resolution, which may assign all or any part of the
budget, including no part of the budget to any schedule.
[Ord. No. 429-97, § 4]
a.
The district management corporation shall submit an annual report
to the governing body pursuant to N.J.S.A. 40:56-80 within 30 days
of the close of the fiscal year. This report shall consist of a narrative
covering the previous years operation and detailed financial statements.
b.
The district management corporation shall submit a detailed business
plan and budget for the upcoming year, no later than December 15th
of the current fiscal year, for approval by resolution of the governing
body; pursuant to the provision 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 July 1st to June 30th.
d.
The district management corporation shall cause an annual audit of
its books, accounts and financial transactions to be made and filed
with the governing body. This audit shall be completed and filed with
the governing body 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 governing body.
[Ord. No. 429-97, § 5; Ord. No. 655-05, § 1]
a.
The governing body of the City of Wildwood hereby designates the
Boardwalk 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 to be
appointed according to the bylaws of the district management corporation.
WSID will be a non-profit corporation. The board of directors shall
be composed as follows:
1.
One member selected from the Governing Body of Wildwood selected
by the governing body.
2.
Five members selected from property owners and/or business operators
of the retail blocks along the boardwalk elected by the property owners
within the district.
3.
One member selected by the individual or entity which operates the
primary commercial establishment at lot 1, block 179.02.
4.
One member selected by the individual or entity which operates the
primary commercial establishment at lot 1.01/1.02, block 248.
5.
One member selected by the individual or entity which operates the
primary commercial establishment at lot 1.01, block 180.
6.
One member selected from the GWTIDA Board of Directors.
The officers (president, treasurer, and secretary) of the corporation
will be members of the board of directors and elected by a majority
vote of the board.
c.
This district management corporation, in addition to acting as an
advisory board to the governing body, shall have all powers necessary
and requisite to effectuate the purposes of this section 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 government entities;
7.
Provide security, sanitation and other services in the district,
supplemental to those provided normally by the city;
8.
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 clean-up
and control, landscaping, and those improvements generally permitted
for pedestrian malls under N.J.S.A. 40:56-66 pursuant to pertinent
regulations of the governing body;
9.
Publicize the district and the businesses included within the district
boundaries.
[Ord. No. 429-97, § 6]
Notwithstanding the creation of the special improvement district
the City of Wildwood expressly retains all its powers and authority
over the area designated as within the Boardwalk Special Improvement
District.
[Ord. No. 429-97, § 7; Ord. No. 655-05, § 1]
This section obligates the Boardwalk Special Improvement District
to satisfy all debts, loans and financial liabilities incurred by
the corporation.
[Ord. No. 429-97, § 8]
If any section or provision of this section or part thereof
shall be declared to be invalid or inoperative, such section to the
extent that it is not invalid or inoperative shall not be effectuated
thereby and should be enforced and effectuated.
[Ord. No. 429-97, § 9]
This section shall take effect upon passage, approval and publication
as required by law.
[Ord. No. 488-99, Preamble]
The City of Wildwood has established a Special (Business) Improvement
District pursuant to N.J.S.A. 40:56-65.
The New Jersey Legislature has created a Downtown Business Improvement
Zone loan fund.
The loan program was established for the benefit of assisting
municipalities that establish Special (Business) Improvement Districts
and further established by ordinance Downtown Business Improvement
Zones.
The establishment of a Downtown Business Improvement Zone will
assist the City of Wildwood and the Special (Business) Improvement
District and the City of Wildwood.
[Ord. No. 488-99, § 1]
The purpose of this section is to (a) promote economic growth
and employment within the business district and in particular the
Special Improvement District; (b) foster and encourage self-help programs
to enhance the local business climate, and (c) authorize, permit and
facilitate the City of Wildwood Special Improvement District and the
designated district management corporation of the district to apply
for and accept funds or loans from the State of New Jersey, Department
of Community Affairs for public improvements as contemplated and defined
by P.L. 1998, C. 115.
[Ord. No. 488-99, § 2]
There is hereby created and designated within the City of Wildwood
a Downtown Business Improvement Zone that shall be described as that
area bound by the Special (Business) Improvement District previously
established by the Board of Commissioners of the City of Wildwood
on April 14, 1997 by Ordinance Number 429-97.
[Ord. No. 605-04, Preamble]
The business and property owners in the City of Wildwood have
petitioned the governing body to create a Special Improvement District
with a Management Corporation pursuant to N.J.S.A. 40:56-65 et seq.
The governing body finds that all business and commercial properties
in the City of Wildwood are integral, vital, economic and social;
and the anticipated services to be provided by this Special Improvement
District will serve to enhance the safety, welfare and economic growth
of the City of Wildwood, its inhabitants, and the City of Wildwood
as a whole. The Special Improvement District will work cooperatively
with all local community and business organizations and specifically
with the Greater Wildwood Tourism Improvement Development Authority,
which is a lead agency for special event and advertising, Main Street
Wildwood, and the Boardwalk Improvement District. Based upon these
findings and the desires of business owners, merchants and property
owners in the City of Wildwood downtown business area, the governing
body hereby desires to establish the Wildwood Special Improvement
District designated in Schedule A and B (which are on file in the
City Clerk's Office) as the Wildwood Business Improvement District.
[Ord. No. 605-04 § 1]
a.
SPECIAL IMPROVEMENT DISTRICT (sometimes also referred to as the "District"
or as "Business Improvement District') — Shall mean an
area within the City of Wildwood designated by this section as an
area in which a special assessment on property within the District
shall be imposed for the purposes of promoting the economic and general
welfare of the District and the municipality.
b.
DISTRICT MANAGEMENT CORPORATION — Shall mean the "Wildwood
Business Improvement District Management Corporation" (also referred
to as "Management Corporation"), an entity to be incorporated pursuant
to Title 15A of the New Jersey Statutes and designated by Municipal
Ordinance to receive funds collected by a special assessment within
the Special Improvement District as authorized by this section and
any amendatory supplemental ordinances.
[Ord. No. 605-04 § 2]
Pursuant to N.J.S.A. 40:56-65 et seq. ("The Act") the governing
body of the City of Wildwood hereby determines the following:
a.
That the areas within the City of Wildwood that are described by
block and lot and by street address as set forth in Schedule A and
B (which are on file in the City Clerk's Office) of this section,
and the property owners, tenants and inhabitants therein benefit from
being designated as a Special Improvement District and will benefit
the whole of the City of Wildwood with the exception of the following
properties that will not be assessed members of the Special Improvement
District:
b.
That a district management corporation would provide administrative
and other services to benefit the businesses, employees, residents,
and consumers in the City of Wildwood, the Wildwood Business Improvement
District, and will also assist the City of Wildwood in promoting economic
growth and employment;
c.
That a special assessment may be imposed and collected by the City
of Wildwood either with the regular property tax payment (or payment
in lieu of taxes) or otherwise on properties located within the City's
limits designated in the attached Schedule A (which are on file in
the City Clerk's Office) and that these payments shall be transferred
to the district management corporation to effectuate the purpose of
this ordinance and to exercise the powers given to it pursuant to
this section;
d.
That it is in the best interests of the City of Wildwood and its
inhabitants to create a Special Improvement District and to designate
a nonprofit District Management Corporation in the Special Improvement
District; and
e.
That the business community should be encouraged to provide self-help
and self-financing programs to meet local needs, goals and objectives
and should be encouraged to supplement any of the authorized services
and improvements through formation of an independent District Management
Corporation formed under Title 15A of the New Jersey Statutes.
[Ord. No. 605-04 § 3; Ord. No. 629-05 § 1; Ord. No. 641-05, § 1]
a.
There is hereby created and designated within the City of Wildwood
a Special Improvement District authorized pursuant to N.J.S.A. Title
40:56-65 et seq. to be known as the Wildwood Business Improvement
District ("District") is hereby established consisting of the properties
designated and listed on Schedule A and B, (which are on file in the
City Clerk's Office) annexed hereto by tax block and lot numbers
and street addresses. The Special Improvement District will be governed
by a District Management Corporation as minimally defined in Schedule
C (which is on file in the City Clerk's Office) annexed hereto
by category.
b.
Schedule A and B (which are on file in the City Clerk's Office)
of this section may be amended by ordinance to add and delete particular
properties which have a change in use affecting the appropriateness
of including them as part of the Special Improvement District. Any
change in the classes of properties to be considered part of the Special
Improvement District will require an ordinance.
[Ord. No. 605-04 § 4]
All costs of improvements and maintenance, other than the costs
of improvements and maintenance ordinarily incurred by the City of
Wildwood 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 formula for the assessment is as follows:
each property's current assessed value, as determined by the
City of Wildwood Tax Assessor for real estate tax purposes, will be
multiplied by the appropriate factored amount to sustain the approved
annual budget to determine the amount of the special improvement district
assessment. The foregoing assessment shall be collected as a special
assessment against the properties that are within the district as
defined in Schedule "A", (which are on file in the City Clerk's
Office) and in additional schedules, such as Schedule B, (which are
on file in the City Clerk's Office) as delineated by the budget
resolution, which may assign all or any part of the budget including
no part of the budget to any schedule.
[Ord. No. 605-04 § 5; Ord. No. 653-05, § 1]
a.
The Governing Body of the City of Wildwood hereby designated the
Wildwood Business Improvement District Management Corporation ("district
management corporation"), a nonprofit corporation, as the District
Management Corporation for the District.
b.
The District Management Corporation, in addition to acting as an
advisory board to the governing body, shall also have all powers necessary
and requisite to effectuate the purposes of this section, including
but not limited to:
1.
Adoption of 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 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 and government entities;
7.
Fund the improvement of exterior appearance of properties in the
District through grants and loans;
8.
Fund rehabilitation of properties in 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;
11.
Review and recommend security, sanitation, and other services in
the District, supplemental to those normally supplied by the City
of Wildwood;
12.
Undertake improvements designed to increase safety, attractiveness
of the District to businesses which may locate there or visitors to
the District, including, but not limited to parking, litter clean-up
and control, landscaping, signage, 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, promote, and plan for 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.
Design and enforce environmental and building design criteria under
N.J.S.A. 40:56-66 as amended;
18.
Regulate vending;
19.
Provide temporary decorative lighting in the district; and
20.
Effectuate the purposes and intents of N.J.S.A. 40:56-66 et seq.
as amended.
c.
The District Management Corporation shall utilize affirmative action
goals and guidelines in the hirings 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 age, race, creed, national origin, ancestry, marital status
or sex.
d.
Upon further written agreement, the City of Wildwood may delegate
to the District Management Corporation the contracting of 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 Municipal Engineer prior to initiation of
any action for the award of a contract under the act.
[Ord. No. 605-04 § 6]
a.
The District Management Corporation shall submit a business plan
and budget for the upcoming year, no later than December 1 of the
current fiscal year starting the year after this section is adopted,
for the approval by resolution of the governing body, 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.
b.
The fiscal year of the District Management Corporation shall be January
1st to December 31st.
[Ord. No. 605-04 § 7]
The District Management Corporation shall also cause an audit
of its books, accounts and financial transactions to be made and filed
with the governing body. This audit shall be completed and filed with
the governing body 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 Council of Cape May Tax Assessor, 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 governing body.
[Ord. No. 605-04 § 8]
The District Management Corporation shall submit an annual report
to the governing body pursuant to N.J.S.A. 40:56-80 within 60 days
of the close of the fiscal year. This report shall consist of a narrative
covering the previous year's operation and detailed financial
statements.
[Ord. No. 605-04 § 9]
Notwithstanding the creation of the Business Improvement District,
the City of Wildwood expressly retains all its powers and authority
over the area designated as the Wildwood Business Improvement District.
