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.
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.
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.
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.)