[Ord. No. 568-02 Preamble]
Amendments to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-1, et seq. (the "Act"), have been adopted and the effect of one or more of those amendments is to create a joint enterprise zone located in the City of North Wildwood, the City of Wildwood, the Borough of Wildwood Crest and the Borough of West Wildwood; and
Pursuant to said Act, the governing body of a qualifying municipality must create a nonprofit corporation to formulate and propose a preliminary zone development plan and to thereafter coordinate and administer the activities of the municipality, zone businesses and community organizations within the designated enterprise zone.
The joint designation of the City of North Wildwood, the City of Wildwood, Borough of Wildwood Crest and Borough of West Wildwood requires the creation of a nonprofit zone development corporation by all four municipalities in order to implement the Joint Urban Enterprise Zone.
[Ord. No. 568-02 § 1]
The City of Wildwood is hereby authorized to act as an incorporator with the City of North Wildwood, Borough of Wildwood Crest and Borough of West Wildwood to create a nonprofit corporation to be known as the Enterprise Zone Development Corporation of the Wildwoods, and the Mayor and City Clerk of the City of Wildwood are hereby authorized to execute a Certificate of Incorporation containing provisions authorized by and consistent with this section. The Clerk of the City of Wildwood is further authorized to jointly file with the Clerks of the City of North Wildwood, Borough of Wildwood Crest and Borough of West Wildwood the Certificate of Incorporation authorized by this section after execution by the appropriate officials of all four municipalities.
[Ord. No. 568-02 § 2]
The purposes to be included in the Certificate of Incorporation pursuant to N.J.S.A. 15A:1-1 et seq. the New Jersey Nonprofit Corporation Act, shall include the following:
To formulate and propose a preliminary zone development plan to the governing bodies of the Cities of North Wildwood and Wildwood and the Boroughs of Wildwood Crest and West Wildwood, setting forth the boundaries of the proposed enterprise zone in all four municipalities, setting forth findings of fact concerning the economic and social conditions existing in the area proposed in the joint enterprise zone, and setting forth each municipalities' policy and intentions for addressing the conditions in said joint enterprise zone.
To utilize the powers conferred by the New Jersey Urban Enterprise Zone Act for the purpose of stimulating investment in, and economic development of, the proposed joint enterprise zone.
To utilize state assistance through the provisions of the New Jersey Urban Enterprise Zone Act relating to exemptions from, and credits against, state taxes.
To secure the involvement in, and commitment to, zone economic development by private entities, including zone neighborhood associations, voluntary community organizations supported by residents and businesses in said joint enterprise zone.
To make recommendations for the revision of municipal planning and zoning ordinances and other land use regulations as they pertain to the joint enterprise zone for all four municipalities, so that they each may use the powers conferred by law to enhance the attractions of the joint enterprise zone to prospective developers.
To increase the availability and efficiency of support services, public and private, generally used by and necessary to the efficient functioning of commercial and industrial facilities in the area, to the extent to which the increase or improvement is to be provided and financed by the four municipalities or by other entities.
To take such additional action, not inconsistent with the New Jersey Urban Enterprise Zone Act, as the board of directors of the Enterprise Zone Development Corporation deems necessary for the development, administration and coordination of activities in the joint enterprise zone for the benefit of zone businesses and community organizations within said joint enterprise zone, for the ultimate purpose of the economic betterment of the residents of said zone and the participating municipalities.
[Ord. No. 568-02 § 3]
The board of directors of the Enterprise Zone Development Corporation shall consist of 11 members, as follows:
One member of the local government from each of the municipalities of North Wildwood, Wildwood, Wildwood Crest and West Wildwood each of whom shall serve as chairman of the board of directors for one year beginning with the local government member from Wildwood. The local government member from each municipality, at the option of each municipality and as evidenced by a resolution of the governing body of municipality, shall be either the mayor of the municipality or the mayor's designee from the governing body of the municipality or a member of the governing body of the municipality as chosen by the affirmative vote of all of the members of the governing body of the municipality. Relative to Wildwood City the member shall be chosen by a majority vote of the members of the governing body.
One member from the business community of each of the four municipalities for a total of four members from the business community. The governing body of each municipality, or the mayor with advice and consent of the governing body, shall appoint the business community member from their respective municipality. Each member so appointed shall serve for a term of four years, however, the initial term of such member shall be staggered with the Wildwood Crest member serving an initial term of one year, the North Wildwood member serving an initial term of two years, and the Wildwood member serving an initial term of three years. In Wildwood City the member shall be chosen by a majority vote of the governing body.
Three members shall be selected from community organizations in North Wildwood, Wildwood and Wildwood Crest. The governing bodies or the mayors, with advice and consent of their respective governing bodies, of North Wildwood, West Wildwood and Wildwood Crest each shall appoint one member from a community organization within their respective municipalities. Each member so appointed shall serve for a term of three years; however, the initial term of such members shall be staggered with the Wildwood Crest member serving an initial term of one year and the North Wildwood member serving an initial term of two years. In Wildwood City the appointment shall be made by a majority vote of the governing body.
[Ord. No. 568-02 § 4]
The duration of the corporation shall be for a period of 20 years; provided that the board of directors shall have authority to amend the Certificate of Incorporation to increase the duration of the corporation in the event of an amendment to the New Jersey Urban Enterprise Zone Act which permits the Joint Urban Enterprise Zone to exist for a period of more than 20 years or if, pursuant to the Act, the duration of the joint enterprise zone is extended by reason of unemployment rates within the participating municipalities.
[Ord. No. 568-02 § 5]
The directors of the corporation shall develop bylaws for the corporation, which shall include an executive officer to be known as the enterprise zone administrator. The board shall develop qualifications for the zone administrator, and shall thereafter appoint an administrator who meets said qualifications for a term not to exceed four years. The board may thereafter reappoint the same individual as zone administrator for successive terms, provided that no term shall exceed four years. The board shall also hire such administrative personnel as may be necessary for the efficient operation of the Enterprise Zone Corporation. Upon the affirmative vote of two-thirds of the board of directors of the corporation, the board may engage the services of such professional persons as may be necessary for the efficient operation of the Enterprise Zone Corporation, but not for extraordinary purposes as contemplated in Section 24-1.7 below.
[Ord. No. 568-02 § 6]
All ordinary business conducted by the Enterprise Zone Development Corporation shall be approved by a simple majority of those board members who are present at any regular or special meeting of the board of directors. However, amendments to the Enterprise Zone Development Corporation's bylaws, modification of zone boundaries, proposals for projects to receive money from the Zone Assistance Fund, the hiring of an enterprise zone administrator and the hiring of professional, technical and consultant personnel shall require that the project or proposal, or the amendment has received unanimous support by way of resolution from each municipality and a two-thirds vote of the board of directors of the corporation.
[Ord. No. 568-02 § 7; Ord. No. 711-07 § 1]
Each of the four participating municipalities shall be obligated to contribute annually to the Urban Enterprise Zone total budget for administration salary and wage and other expenses based upon the precise percentage of sales tax collected by each municipality during the preceding year, said monies to be charged against the current year's Urban Enterprise Zone Administration Account balances, with any deficits to be borne by each municipality based upon percentages referenced above in this section. In addition to the requirements of publication after final adoption, the effective date of the amendment of this section shall be contingent upon adoption by all four participating municipalities comprising the "Joint Enterprise Zone of the Wildwoods," of language mirroring the provisions set forth hereinabove.
Editor's Note: Subsection 24-1.9, Reimbursement to Municipalities of Startup Monies, was repealed in its entirety by Ordinance No. 652-05.
[Ord. No. 568-02 § 9]
Upon the termination of the corporation, the corporation's assets shall be distributed to all four municipalities on a pro-rata basis, in proportion to the funds generated from within each municipality and received or collected by the corporation during the corporation's existence.
[Ord. No. 568-02 §§ 10, 11]
The Certificate of Incorporation shall include the address of the corporation's initial registered office, which may be the office of the City Clerk of the City of Wildwood, and the name of the corporation's initial registered agent at that address, as required by the New Jersey Nonprofit Corporation Act. Thereafter, the board of directors may change the corporation's registered office and the corporation's registered agent consistent with the provisions of N.J.S.A. 15A:1-1 et seq.
The Certificate of Incorporation shall also contain the names and address of the first board of directors of the corporation, and such additional information as may be required by the New Jersey Nonprofit Corporation Act.
[Ord. No. 570-02 Preamble]
The State of New Jersey has adopted legislation creating certain areas within certain cities as Urban Enterprise Zones. The State of New Jersey has adopted amending legislation which provides for a joint zone located in four municipalities which are adjacent to each other in a county of the sixth class. Cape May County is a county of the sixth class and the municipalities of Wildwood, North Wildwood, West Wildwood, Wildwood Crest are adjacent to each other, are situate in a county of the sixth class and otherwise meet the population criteria that is in the aforementioned amending legislation. The municipalities of Wildwood, North Wildwood, West Wildwood and Wildwood Crest have been designated for Joint Enterprise Zone; and under said legislation the Urban Enterprise Zone Authority was created for the purpose of examining particular areas in cities and designating these cities as Joint Enterprise Zone. The City of Wildwood, by resolution, did seek to have certain areas designated along with the City of North Wildwood, Borough of West Wildwood, and the Borough of Wildwood Crest as a Joint Enterprise Zone, and did seek to have zone plan approved by the Authority. Representatives of the Urban Enterprise Zone Authority did designate the areas set forth in the said municipalities of the City of Wildwood and the City of North Wildwood and the Borough of West Wildwood and the Borough of Wildwood Crest as Urban Enterprise Zones and did approve the application of said municipalities as authorized by the aforesaid resolution.
[Ord. No. 570-02 § 1]
The City of Wildwood hereby accepts the designation of Urban Enterprise Zone, pursuant to the joint application approved by the Urban Enterprise Zone Authority of the State of New Jersey on July 10, 2002.