[Ord. #95-23, § 2]
The governing body finds:
a. That the area within the City of Ocean City described in Schedule
A of this chapter will benefit from being designated as
a 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 Special Improvement District, and assist the
City in promoting economic growth and employment;
c. That a special assessment shall be imposed and collected by the City,
with the regular property tax payment or payments in lieu of taxes
or otherwise, and that all, or a portion, of these payments shall
be transferred to the District Management Corporation to effectuate
the purposes of this chapter and the provisions of N.J.S.A. 40:56-65
et seq. and to exercise the powers given to it by this chapter.
d. That it is in the best interest of the City 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.
[Ord. #95-23, § 3; Ord. #96-19, § 1]
a. There is hereby created and designated within the City of Ocean City
a Special Improvement District to be known as the Ocean City Special
Improvement District consisting of the properties designed and listed
on Schedule A attached hereto. The Special Improvement District shall be subject to special
assessments imposed by the City of Ocean City for the purposes of
promoting the economic and general welfare of the District and the
City.
b. Properties within the Special Improvement District, shall be subject
to special assessments as determined from time to time by the governing
body, except for the following:
1. Any property which is exempt from local property tax;
2. Single family homes, duplexes, triplexes and multiple family buildings
to and including six (6) units, including such properties in condominium
form of ownership;
4. Owner occupied primary residences located above first floor commercial
uses.
[Ord. #95-23, § 6]
The nonprofit corporation, Business and Neighborhood Development
Association Inc. (B.A.N.D.), is hereby designated as the District
Management Corporation for the District. This management corporation
shall have all power necessary and requisite to effectuate its purposes,
including but not limited to the powers to:
a. Adopt bylaws for the regulation of its affairs and the conduct of
its business, 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, grants 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 persons, 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. Fund the improvement of the exterior appearance of properties in
the District through grants or loans.
h. Fund the rehabilitation of properties in the District.
i. Accept, purchase, 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 City.
l. 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 cleanup
and control, landscaping, parking areas and facilities, recreational
and rest areas and facilities, pursuant to pertinent regulations of
the City of Ocean City.
m. Publicize the District and the businesses included 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. Address parking arrangement for the District.
q. Provide temporary holiday decorative lighting in the District.
r. The Corporation will be required to comply with all applicable ordinances
and regulations of the City.
s. Notwithstanding the provisions of this chapter, the District Management
Corporation shall notify the Mayor or his designee twenty (20) days
prior to the execution of any contract for any capital improvement,
construction, or reconstruction within the District where the cost
of said improvement exceeds the contracting threshold amounts as set
forth in N.J.S.A. 40A:11-3. In the event that it is reasonably anticipated
that the cost of capital improvements, construction or reconstruction
will exceed twenty (20%) percent of the total annual assessment of
the District, the project shall be referred to the City. The City
shall have the option of:
1. Preparing specifications for bid, receiving bids and executing contracts
in accordance with its policies and in compliance with the Local Public
Contracts Law; or
2. Deciding that it does not wish to prepare specifications for bids,
receive bids and award contracts, and to allow the District Management
Corporation to do so for the particular capital improvement or construction
project. The decision to allow the District Management Corporation
to pursue the capital improvement project must be set forth in a resolution
adopted by the governing body.
[Ord. #95-23, § 10]
The District Management Corporation shall, within thirty (30)
days after the close of each fiscal year, make an annual report of
how its activities for the preceding year met the goals and objectives
of the District, to the governing body.
[Ord. #99-11, § 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 Ocean City 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. #99-11, § 2]
There is hereby created and designated within the City of Ocean
City two (2) Downtown Business Zones that shall be described as that
area bound by the Special Improvement District previously established
by the governing Body of the City of Ocean City on December 14, 1995
by Ordinance 95-23. The two (2) zones shall be further identified
by map A that delineates the zones within the SID District.