[HISTORY: Adopted by the Council of the City of Perth Amboy 7-17-1995 as Ord. No. 776-95. Amendments noted where applicable.]
DISTRICT MANAGEMENT CORPORATION
"Downtown Perth Amboy Business Improvement District, Inc." (also referred to as "management corporation"), an entity 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 chapter and amendments thereto.
SPECIAL IMPROVEMENT DISTRICT (sometimes also referred to as DISTRICT)
An area within the City of Perth Amboy designated by this chapter 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.
The Mayor and Council find and declare:
A. 
That the area within the City of Perth Amboy as described by block and lot numbers and by street addresses as set forth in Schedule "A" of this chapter, will benefit from being designated as a Special Improvement District. (Schedule "A" may be found on file in the office of the City Clerk.)
B. 
That a District Management Corporation would provide administrative and other services to benefit the businesses, employees, and consumers in the Special Improvement District. Also, the Management Corporation will assist the City of Perth Amboy in promoting economic growth and employment.
C. 
That a special assessment may be imposed and collected by the Tax Collector with the regular property tax payment or payment in lieu of taxes or otherwise, and that all of these payments shall be transferred to the District Management Corporation to effectuate the purpose of this chapter, and to exercise the powers given to it by this chapter.
D. 
That it is in the best interests of the municipality and the public to create a Special Improvement District, and to designate a District Management Corporation.
E. 
That the business community should be encouraged to provide self-help and self-financing programs to meet local business needs, goals and objectives.
A. 
There is hereby created and designated within the City of Perth Amboy a Special Improvement District to be known as the Downtown Perth Amboy Business Improvement District, Inc., consisting of the properties designated and listed on Schedule "A" by tax block and lot numbers, and street addresses. The Special Improvement District shall be subject to special assessments on all affected property within the District, which assessment shall be imposed by the City of Perth Amboy for the purposes of promoting the economic and general welfare of the District and the municipality.
B. 
All commercial properties within the Special Improvement District, including all private, nonresidential assessed properties, are deemed included in the assessing and taxing provisions of this chapter and are expressly subject to potential tax or assessment made for Special Improvement District purposes.
C. 
All properties within the Special Improvement District that are tax exempt, or used exclusively for residential purposes, are deemed excluded from the assessing or taxing provisions of this chapter and are expressly exempt from any tax or assessment made for Special Improvement District purposes (i.e., all non-4A commercial properties).
D. 
Any service to said properties described in Section 381-3C of this chapter may be provided solely at the option of the District Management Corporation.
A. 
Operation and maintenance of District. Annual operation and maintenance costs relating to services peculiar to the District, as distinguished from services normally provided by the City of Perth Amboy, will provide benefits primarily to the properties included within the District rather than to the City of Perth Amboy as an entirety. These annual costs shall be assessed and taxed to the benefitted properties pursuant to the provisions of this chapter and N.J.S.A. 40:56-65, et seq.
The nonprofit corporation, Downtown Perth Amboy Business Improvement District, Inc., is hereby designated as the District Management Corporation for the District. This Management Corporation, in addition to acting as an advisory board to the Mayor and Council, shall have all powers necessary and requisite to effectuate the purposes of this chapter and the District, including, but not limited to:
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. 
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 the 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 own obligations.
F. 
Borrow money from private lenders for periods not to exceed one hundred eighty (180) days, and from governmental entities for that or longer periods.
G. 
Administer, within the District, the improvement of the exterior appearance of properties with funds provided by federal, state or local grant/loan programs. Such improvements shall be funded through the special assessment on all business properties only if said government grant/loan programs are not available to or assessable by the District Management Corporation.
H. 
Fund the rehabilitation of properties in the District, subject to the same provisions enumerated in Section 381-5G.
I. 
Accept, purchase, rehabilitate, sell, lease or manage property in the District.
J. 
Enforce the conditions of any loan, grant, sale or lease made by the corporation.
K. 
Provide security, sanitation and other services to the District, supplemental to those provided normally by the municipality.
L. 
Undertake improvements designated 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, pursuant to pertinent regulations of the City of Perth Amboy.
M. 
Publicize the District and the businesses located within the District boundaries.
N. 
Recruit new businesses to fill vacancies in, and to balance the business mix of the District.
O. 
Organize special events in the District.
P. 
Provide special parking arrangements for the District.
Q. 
Provide temporary decorative lighting in the District.
A. 
The fiscal year of the District and of the Management Corporation shall be July 1st to June 30th. The District Management Corporation shall submit no later than June 15th of each year a detailed annual budget for approval by Mayor and Council. The budget shall be processed and adopted by the Council of the City of Perth Amboy in accordance with the procedures set forth in N.J.S.A. 40:56-84.
B. 
The budget shall be submitted with a report which explains how the budget contributes to the goals and objectives for the Special Improvement District. The budget shall be reasonably itemized and shall include a summary of the categories of costs property chargeable as follows:
(1) 
The amount of such costs to be charged against the general funds of the municipality, if any.
(2) 
The amount of costs to be charged and assessed against properties benefitted in the District in proportion to benefits which shall be the aggregate of costs of annual improvements to be made in the District during the ensuing year.
(3) 
The amount of costs, if any, to be specially taxed against properties in the District.
C. 
Each year, when the Mayor and Council shall have acted on the estimated costs and/or on the budget, the Municipal Assessor shall prepare an assessment roll setting forth separately the amounts to be specially assessed against the benefitted and assessable properties in the District. Descriptions of such properties, and the names of the then current owners of such properties, so far as names are available, shall be included in each annual assessment roll. The assessment roll, when so prepared, shall be filed in the office of the Municipal Clerk and be there available for inspection. The Mayor and Council shall annually meet to consider objections to the amounts of such special assessments at least ten (10) days after a notice of hearing has been published once in the official newspaper and mailed to the named owners of all tracts, parcels and lots of property proposed to be assessed. The notice shall set forth the time and place of meeting, and set forth the purpose of such meeting, but may refer to the assessment roll for further particulars. When the governing body shall have approved the amounts of the special assessments set forth therein or as may be changed by it, the Municipal Clerk shall forthwith certify a copy of the assessment roll, with such changes, if any, to the Middlesex County Tax Board.
D. 
For the purpose of this section, "annual improvements" shall mean and include any reconstruction, replacement or repair of trees and plantings and other facilities of the Special Improvement District and the furnishing of any other local improvement which benefits properties within the District. For the purpose of this chapter, "costs" shall, with respect to annual improvements to and operation and maintenance of the Special Improvement District, mean costs of annual improvements and all other costs, including planning costs, incurred or to be incurred in connection with annual improvements to and operation and maintenance of the District.
E. 
Moneys appropriated and collected on account of annual improvement costs, and costs of operating and maintaining a Special Improvement District, shall be credited to a special account. Any balance to the credit of the account and remaining unexpended at the end of the fiscal year shall be conserved and applied towards the financial requirements of the succeeding year.
F. 
The Mayor and Council shall pay over funds to the Management Corporation quarterly on the first day of March, June, September and December of each year.
The District Management Corporation shall cause an annual audit of its books, accounts and financial transactions to be made and filed with the Mayor and Council 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 (4) months after the close of the fiscal year of the Corporation, and a certified duplicate copy of the audit shall be field with the Director of the Division of Local Government Services in the Department of Community Affairs within five (5) days of the filing of the audit with the Mayor and Council.
The District Management Corporation shall, within thirty (30) days after the close of each fiscal year, make an annual report of its activities for the preceding fiscal year to the Mayor and Clerk of the City of Perth Amboy.
Notwithstanding the creation of a Special Improvement District, the City of Perth Amboy expressly retains all its powers and authority over the area designated as within the Special Improvement District.
If any provisions of this chapter or the application thereof to any person or circumstance is held invalid, such holding shall not affect other provisions or applications of the chapter and to this end the provisions of this chapter are severable.
This chapter shall take effect upon passage, approval and publication as required by law. (Ordinance No. 776-95, codified herein as Chapter 381, was adopted July 17, 1995.)