[Ord. No. 7-08]
a.
Any other provision of law to the contrary notwithstanding, the Borough
of Keyport or any of its purchasing agents or agencies or those of
its independent authorities, as the case may be, shall not enter into
an agreement, amend an agreement, or otherwise contract with any redeveloper
for the planning, replanning, construction or undertaking of any redevelopment
project, including the acquisition or leasing of any public property
in conjunction with the redevelopment of any areas within the Borough
of Keyport pursuant to the Local Redevelopment and Housing Law, if
that redeveloper has made any "contribution" as such term is defined
at N.J.A.C. 19:25-1.7 (hereinafter "contribution"), during the applicable
time period as specified below, to:
1.
The campaign committee of any Keyport candidate for, or holder of
public office within the Borough of Keyport, having responsibility
for arranging, entering into, or approving the redevelopment agreement,
or for appointing those who enter into the agreement on behalf of
the Borough of Keyport; or
2.
To any Keyport campaign, candidate and/or committee, to a campaign
committee or to any municipal political campaign committee, or to
any Keyport political party committee, or to any political action
committee which financially supports candidates for Keyport municipal
elections and/or Keyport municipal parties or which engages in the
support of Keyport municipal campaigns; or
3.
To any Monmouth County Party Committee, provided said Monmouth County
Party Committee has subsequently made a contribution of an equivalent
amount to any candidate, elected official or committee listed in paragraphs
1. and 2. above.
b.
For purposes of this section, the "applicable time period" shall
be defined as the time period between the date that a developer deposits
money with the Borough to pay for professional services employed by
the Borough for the review of an application for the development of
property and the later of the termination of negotiations or the completion
of all matters specified in the redevelopment agreement pursuant to
and in accordance with the New Jersey Local Redevelopment and Housing
Law, N.J.S.A. 40A:12A-1 et seq.
c.
All redevelopment agreements or amendments thereto entered into by
the Borough of Keyport shall contain a provision prohibiting redevelopers
as defined in paragraph d. to solicit or make any contribution to
any candidate, person or committee set forth in paragraph a., during
the applicable time period.
d.
As defined in N.J.S.A. 40A:12A-3, a "redeveloper" means any person,
firm, corporation or public body that shall enter into or propose
to enter into a contract with a municipality or other redevelopment
entity for the redevelopment or rehabilitation of any area in need
of redevelopment, or an area in need of rehabilitation, or any part
thereof, under the provisions of this act, or for any construction
or other work forming part of a redevelopment or rehabilitation project.
For the purposes of this section, the definition of a redeveloper
includes all principals who own 10% or more of the equity in the corporation
or business trust, partners, and officers in the aggregate employed
by the provider as well as any affiliates or subsidiaries directly
controlled by the redeveloper. Spouses and adult children at home
shall also be included.
e.
For the purposes of this section, the office that is considered to
have responsibility for arranging and entering into a redevelopment
agreement:
1.
The Borough of Keyport Council if the redevelopment agreement requires
approval or appropriation from the Council or a public officer who
is responsible for arranging and entering into the redevelopment agreement
if that public officer is appointed by Council; or
2.
The Mayor of the Borough of Keyport if the redevelopment agreement
requires the approval of the Mayor or a public officer who is responsible
for arranging and entering into the redevelopment agreement if that
public officer is appointed by the Mayor; or
3.
Members of a designated redevelopment entity, if the redevelopment
agreement requires the approval of the redevelopment entity.
[Ord. No. 7-08]
No contribution of money or any other thing of value, including
in-kind contributions, made by a redeveloper to any person, candidate
or committee set forth in subsection 25-4-1.1a. shall be deemed a
violation of this section nor shall an agreement for redevelopment
project of any kind whatsoever be disqualified thereby if that contribution
or agreement was made by the redeveloper prior to the effective date
of this section.[1]
[Ord. No. 7-08]
a.
It shall be the municipality's continuing responsibility to give
notice of this section when the municipality gives notice of redevelopment
pursuant to N.J.S.A. 40A:12A-6 and when the municipality adopts a
resolution directing the Planning Board to prepare a redevelopment
plan and at the time that the municipality adopts the ordinance to
implement the redevelopment plan.
b.
Prior to arranging and entering into the redevelopment agreement
with any redeveloper, the Borough of Keyport or any of its purchasing
agents or agencies or independent authorities, as the case may be,
shall receive a sworn statement from the redeveloper that the redeveloper
has not made any contribution in violation of subsection 25-4-1.1a.
above. Furthermore, the redeveloper shall have a continuing duty to
report any violations of this section that may occur while arranging
and entering into the Redevelopment Agreement and until all specified
terms of the agreement have been completed.
c.
The certification required under this subsection shall be made prior
to entry into the agreement with the municipality and shall be in
addition to any other certifications that may be required by any other
provision of law.
[Ord. No. 7-08]
a.
The contribution and disclosure requirements in this section shall
apply to all redevelopers as well as professionals, consultants or
lobbyists contracted or employed by the business entity ultimately
designated as the redeveloper to provide services related to the:
1.
Lobbying of government officials in connection with the examination
of an area and its designation as an area in need of redevelopment
or in connection with the preparation, consultation and adoption of
this redevelopment plan.
2.
Obtaining the designation or appointment as redeveloper;
3.
Negotiating the terms of a redevelopment agreement or any amendments
or modifications thereto.
4.
Performing the terms of a redevelopment agreement; and
b.
It shall be a breach of the consultant's contract, and shall require
immediate termination, for violation(s) of this section.
c.
A redeveloper who participates in, or facilitates, the circumvention
of the contribution restrictions through consultants or professionals
shall be deemed to be in breach.
[Ord. No. 7-08]
A redeveloper or any person, candidate or committee set forth
in subsection 25-4-1.1a. may cure a violation of subsection 25-4-1.1
of this section, if, within 30 days after the general election, the
redeveloper notifies the Municipal Council in writing and seeks and
receives or makes a reimbursement of a contribution from the municipal
candidate or municipal or County political party or continuing political
committee referenced in this section.
[Ord. No. 7-08]
a.
It shall be a breach of the terms of the Borough of Keyport's Redevelopment
Agreement for a redeveloper to (i) make or solicit a contribution
in violation of this section; (ii) knowingly conceal or misrepresent
a contribution given or received; (iii) make or solicit contributions
through intermediaries for the purpose of concealing or misrepresenting
the source of the contribution; (iv) make or solicit any contribution
on the condition or with the agreement that it will be contributed
to a campaign committee of any candidate or holder of the public office
of the Borough of Keyport; (v) engage or employ a lobbyist or consultant
with the intent or understanding that such lobbyist or consultant
would make or solicit any contribution, which, if made or solicited
by the redeveloper itself, would subject that entity to the restrictions
of this section; (vi) fund contributions made by third parties, including
consultants, attorneys, family members, and employees; (vii) engage
in any exchange of contributions to circumvent the intent of this
section; or (viii) directly or indirectly, through or by any other
person or means, do any act which would subject that entity to the
restrictions of this section.
b.
Furthermore, any redeveloper who violates this section shall be disqualified
from eligibility for future Borough of Keyport Redevelopment Agreements
for a period of four calendar years from the date of the violation.
