[Ord. No. 6 S+FF, 6-20-2007]
Means the "Mount Prospect Avenue Neighborhood Improvement
District Management Corporation" (also referred to as the "Management
Corporation"), an entity to be incorporated pursuant to Title 15A
of the New Jersey Statutes and designated by municipal ordinance to
receive funds collected by special assessment with the Special Improvement
District, as authorized by this section and any amendatory supplemental
ordinances.
(sometimes referred to as the "District" means an area within
the City of Newark designated by this section as an area in which
special assessment on property within the District shall be imposed
for the purpose of promoting the economic and general welfare of the
District of the Municipality.
[Ord. No. 6 S+FF, 6-20-2007]
Pursuant to N.J.S.A. 40:56-65 et seq. ("The Act") the Governing
Body of the City of Newark hereby determines the following:
a.
That the areas within the Mount Prospect Avenue business area that
are described by block and lot and by street address as set forth
in Schedules A and B of Ord. No. 6 S+FF, 6-20-2007, and the property
owners, tenants and inhabitants therein benefit from being designated
as a Special Improvement District and will benefit the whole City
of Newark with the exception of the following properties that will
not be part of the 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 Mount Prospect Avenue business area, the Mount
Prospect Avenue Special Improvement District and will also assist
the City of Newark in promoting economic growth and employment;
c.
That a special assessment may be imposed and collected by the City
of Newark either with the regular property tax payment (or payment
in lieu of taxes) otherwise on properties located within the Munt
Prospect Avenue business area and these payments shall be transferred
to the District Management Corporation to effectuate the purpose of
this Section and to exercise the powers given to it pursuant to this
Section;
d.
This is in the best interests of the City of Newark and its inhabitants
to create Special Improvement District and to designate a nonprofit
District Management Corporation to manage the Mt. Prospect Avenue
Special Improvement District; and
e.
That the business community should be encouraged to provide self-help
and self-financing programs to meet local needs, goals and objectives
and should be encouraged to supplement any of the authorized services
and improvements through formation of an independent District Management
Corporation formed under Title 15A of the New Jersey Statutes.
[Ord. No. 6 S+FF, 6-20-2007]
a.
There is hereby created and designated within the City of Newark
a Special Improvement District authorized pursuant to N.J.S.A. 40:56-65
et seq. to be known as the Mount Prospect Avenue Neighborhood Improvement
District (the "District") is hereby established consisting of the
properties designated and listed in Schedules A and B, annexed hereto
by tax bloc and lot numbers and street addresses. The Special Improvement
District will be governed by a District Management Corporation as
defined in Section 10:33-1.5.
b.
Schedules A and B of this Section may be amended by ordinance to
add and delete particular properties which have a change in use affecting
the appropriateness of including them as part of the Special Improvement
District. Any change in the classes if properties to be considered
part of the Special Improvement District will require an ordinance.[1]
[1]
Editor's Note: Schedules A and B are on file in the City Clerk's
office.
[Ord. No. 6 S+FF, 6-20-2007]
All costs of improvements and maintenance, other than the costs
of improvements and maintenance ordinarily incurred by the City of
Newark out of the general funds, shall be determined and approves
pursuant to N.J.S.A. 40:56-80 or N.J.S.A. 40:56-85 as determined nu
the District Management Corporation. The formula for assessment is
as follows: each property's current assessed value, as determined
by the City of Newark Tax Assessor for real estate tax purposes, will
be multiplied by the appropriate factored amount to sustain the approved
annual budget to determine the amount of the special improvement district
assessment. The foregoing assessment shall be collected as a special
assessment against the properties that are within the district as
defined in Schedules A and B.
[Ord. No. 6 S+FF, 6-20-2007]
a.
The Governing Body of the City of Newark hereby designates the Mount
Prospect Avenue Neighborhood Improvement District Management Corporation
("District Management Corporation"), a non-profit corporation, as
the District Management Corporation for the District.
b.
The District Management Corporation, in addition to acting as an
advisory board to the Governing Body, shall also have all of the powers
necessary and requisite to effectuate the purposes of this Section,
including but not limited to:
1.
Adoption of by-laws for the regulation of its affairs and the conduct
of business and prescribe rules, regulations and policies for the
performance of its function and duties;
2.
Employ such persons as may be required, and fix and pay compensation
from funds available to the Corporation;
3.
Apply for, accept, administer and comply with requirements respecting
an appropriation of funds or a gift, grant or donation of property
or money;
4.
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, government agency or
entity;
5.
Administer and manage its own funds and accounts and pay its own
obligations;
6.
Borrow money from private lenders;
7.
Fund the improvement of exterior appearance of properties in the
district though grants and loans;
8.
Fund rehabilitation of properties in the district;
9.
Administer vendor regulations requirements;
10.
Accept, purchase, rehabilitate, sell, lease or manage property
in the district;
11.
Enforce the conditions of any load, grant, sale or lease made
by the corporation;
12.
Provide security, sanitation. And other services in the district
supplemental to this normally supplied by the City of Newark;
13.
Undertake improvements designed to increase the safety and attractiveness
of the district to businesses which may locate there or visitors to
the districts, including, but not limited to parking, litter clean-up
and control, landscaping, signage, and those improvements generally
permitted for pedestrian malls under N.J.S.A. 40:56-66, pursuant to
pertinent regulations of the Governing Body;
14.
Publicize, promote and plan for the district and the businesses
included with the district boundaries;
15.
Recruit new businesses to fill vacancies in and to balance the
business mix of the district;
16.
Organize special events in the district;
17.
Provide special paring arrangements for the district;
18.
Design and enforce environmental and building design criteria
under N.J.S.A. 4:50-66, as amended;
19.
Provide temporary decorative lighting in the district; and
20.
Effectuate the purpose and intents of N.J.S.A. 40:56-66 as amended.
c.
That the District Management Corporation shall utilize affirmative
action goals and guidelines in its hirings and expenditures whenever
possible. Pursuant to N.J.A.C. 17:27-5.2, the District Management
Corporation will not discriminate against any employee or applicant
for employment because of age, race, creed, color, national origin,
ancestry, marital status or sex. The District Management Corporation
will take affirmative action to ensure that such applicants are recruited
and employed, and that employees are treated during employment without
regard to their age, race, creed, national origin, ancestry, marital
status or sex.
d.
Upon further written agreement, the City of Newark may delegate to
the District Management Corporation the contracting of work to be
done on any street, or on other Municipal property, included in the
Special Improvement District. In that event, the Corporation shall
be a "contracting unit" within the "Local Public Contracts Law" P.L.
1971, c. 198 (N.J.S.A. 40A:11-1 et seq.). The plans and specifications
shall be approved by the Municipal Engineer prior to the initiation
of any action for the award of a contract under the Act.
[Ord. No. 6 S+FF, 6-20-2007]
a.
The District Management Corporation shall submit a detailed business
plan and budget for the upcoming year, no later than November 1 of
the current fiscal year starting the year after this Section is adopted,
for the approval by resolution of the Governing Body, pursuant to
the provisions of N.J.S.A. 40:56-84. The budget shall be submitted
with a report, which explains how the budget contributes to the goals
and objectives for the Special Improvement District.
b.
The fiscal year of the District Management Corporation shall be January
1 to December 31.
[Ord. No. 6 S+FF, 6-20-2007]
The District Management Corporation shall also cause an audit
of its books, accounts and financial transactions to be made and filed
with the Governing Body. This audit shall be completed and filed with
the Governing Body within four months after the close of the fiscal
year of the corporation. A certified duplicate copy of the audit shall
be filed with the Director of the Division of Local Government Services
in the State of New Jersey Department of Community Affairs within
five days of the filing of the audit with the Governing Body.
[Ord. No. 6 S+FF, 6-20-2007]
The District Management Corporation shall submit an annual report
to the Governing Body pursuant to N.J.S.A. 40:56-80 within 60 days
of the close of the fiscal year. This report shall consist of a narrative
covering the previous year's operation and detailed financial statement.
[Ord. No. 6 S+FF, 6-20-2007]
Notwithstanding the creation of the Special Improvement District,
the City of Newark expressly retains all its powers and authority
over the area designated as the Mount Prospect Avenue Special Improvement
District.
[1]
Editor's Note: Prior history includes Ord. No. 6 S&FN,
11-13-2000 and Ord. No. 6 S&FC, 5-7-2003
[Ord. No. 6PSF-B, 3-6-2013]
Means the "Ironbound District Management Corporation" (or
"IBID"), an entity incorporated pursuant to Title 15A of the New Jersey
Statutes and designated by this Ordinance to receive funds collected
by a special assessment within a Special Improvement District, as
authorized by N.J.S.A. 40:56-65 et seq. and this Section.
Means any form of hawking, peddling, selling or vending of
any foods, beverages, confections, goods, wares, merchandise or commodities
of any nature or description on the streets or sidewalks or on any
other public place within the District.
(AKA: Business Improvement District) means an area within
a municipality designated by municipal ordinance 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 City.
Means anyone engaged in any form of Sidewalk Vending.
Means a written document containing all of the rules and
regulations governing the conduct of Sidewalk Vending within the District.
[Ord. No. 6PSF-B, 3-6-2013]
The Mayor and Newark Municipal Council find:
b.
That a District Management Corporation will provide administrative
and other services to benefit the businesses, employees, residents
and consumers in the Special Improvement District; and
c.
That a special assessment shall be imposed and collected by the City
with the regular property tax payment or payment 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 Section and to exercise the powers given to it by
this Section; and
d.
That it is in the best interest of the municipality and the public
to create a Special Improvement District and to designate a District
Management Corporation.
[Ord. No. 6PSF-B, 3-6-2013]
a.
There is hereby created and designated within the City of Newark
a Special Improvement District to be known as the "Ironbound Special
Improvement District" (AKA: Ironbound Business Improvement District).
b.
The District shall have the following boundaries:
1.
Ferry Street (both sides of the street) from New Jersey Railroad
Avenue to Christie Street; and
2.
All side streets north of Lafayette Street to the Passaic River (except
Blocks: 169, 169.01, 170, 171, 172, 179, & 180) including: Bruen
Street, Hamilton Street, Edison Place, Union Street, Prospect Street,
Congress Street, Jefferson Street, Downing Street, Madison Street,
Monroe Street, Adams Street, Jackson Street, Van Buren Street, Polk
Street. All side streets north of Ferry Street to the Passaic River,
including: Merchant Street, Clover Street, Ferguson Street, Chambers
Street, Somme Street, and Fillmore Street; and
3.
Magazine Street from Ferry Street to Darcy Street; Darcy Street from
Niagara Street to Magazine Street; Niagara Street from Ferry Street
to Darcy Street; and
4.
Lafayette Street (both sides of the street) from: 143-438; and
5.
Market Street from: All even south side properties from 362-484 and
all properties both sides of the street from: 486-709; and
6.
Wilson Avenue (both sides of the street) from Ferry Street to Stockton
Street; Jabez Street from Wilson Avenue to New York Avenue; and Rome
Street from Wilson Avenue to Niagara Street.
d.
All properties located within the District, except for those which
are exempt from real estate taxation and not subject to the payment
of any amount in lieu of property taxes either directly or by some
third party, shall be subject to the special assessments made on behalf
of the District, subject solely to the approval of such assessments
in the manner set forth in N.J.S.A. 40:56-65 et seq.
[Ord. No. 6PSF-B, 3-6-2013]
a.
The Ironbound District Management Corporation, a non-profit corporation
created pursuant to Title 15A of the New Jersey Statutes, is hereby
designated as the District Management Corporation for the Ironbound
Special Improvement District. IBID shall have all of the powers necessary
to effectuate the purposes of this Section, including, but not limited
to:
1.
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; and
2.
Employ such persons as may be required, and fix and pay their compensation
from funds available to the corporations; and
3.
Apply for, accept, administer and comply with the requirements respecting
an appropriation of funds or a gift, grant or donation of property
or money; and
4.
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; and
5.
Administer and manage its own funds and accounts and pay its own
obligations; and
6.
Borrow money from private lenders and from governmental entities;
and
7.
Fund the improvement of the exterior appearance of properties in
the district though grants or loans; and
8.
Fund the rehabilitation of properties in the District; and
9.
Accept, purchase, rehabilitate, sell, lease or manage property in
the District; and
10.
Enforce the conditions of any loan, grant, sale or lease made
by the corporation; and
11.
Provide security, sanitation and other services to the District,
supplemental to those provided normally by the municipality; and
12.
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; and
13.
Publicize the District and the businesses included within the
district boundaries; and
14.
Recruit new businesses to fill vacancies in, and to balance
the business mix of, the District; and
15.
Organize special events in the Districts; and
16.
Provide special parking arrangements for the District; and
17.
Provide temporary and permanent decorative lighting and signage
in the District; and
18.
Provide any activity which will enhance the movement, safety,
convenience or enjoyment of pedestrians, including seating, display
and sale of merchandise, exhibiting, advertising, public events, and
any other use or activity, which will enhance the movement, safety,
convenience or enjoyment of pedestrians and any other use or activity
permitted by the special improvement district or other applicable
law, and/or this Ordinance; and
19.
Control and regulate the following:
(a)
The distribution and location of movable furniture, sculpture
or pedestrian traffic control devices, landscaping and other facilities
located on the streets or sidewalks within the District and not otherwise
located or fixed by the plans and specifications; and
(b)
The uses to be permitted on the streets, sidewalks or other
public places within the District by occupants of abutting property,
any transit or telephone utility, concessionaires, vendors, festivals
and parades, and others to serve the convenience and enjoyment of
pedestrians and the location if such uses; and
(c)
The issuance of permits to conduct any special activity consistent
with the board purposes of the Districts; and
(d)
The operation of any lighting, heating or other facilities on
the streets, sidewalks or other public places within the District,
replacing landscaping and maintaining the furniture and facilities
on the streets, sidewalks or other public places within the District.
b.
Wherever possible, the IBID shall utilize affirmative action in its
personnel and procurement practices. Pursuant to N.J.A.C. 17:27-5.2,
IBID shall not discriminate against any employee or applicant for
employment because of age, race, creed, color, national origin, ancestry,
marital status or gender; and
c.
By written agreement, the City may delegate to IBID the contracting
of some or all of any work to be performed on any street, municipal
property or other public place within the District. In such cases,
IBID shall be deemed to be a "contracting unit", as such term is defined
within the Local Public Contracts Law (N.J.S.A. 40A: 11-1 et seq.)
All plans and specifications to be used by IBID in such contracting
must be approved by the City Engineer prior to the seeking of bids
for any such work; and
d.
IBID is further authorized to assist the City in the regulation of
Sidewalk Vending within the District, subject to the following conditions:
1.
The rules and regulations set forth in the Vendor Handbook; and
2.
The conduct of Sidewalk Vending within the District is hereby authorized,
subject to the terms set forth in the Vendor Handbook and any other
rules or regulations regarding such activities as are set forth within
the Revised Ordinances of the City; and
3.
The Vendor Handbook shall be subject to annual review and updating
by such agency as may be designated for such task by the Mayor; and
[Ord. No. 6PSF-B, 3-6-2013]
a.
The cost of improvements within the Districts and the annual costs
of operations and maintenance of services that are provide at a level
specific benefits primarily to the properties located within the District
rather than to the entirety of the City. Such costs shall be borne
by the properties within the District in the manner provided in N.J.S.A.
40:56-65, et seq.; and
b.
The City shall continue to provide, either directly or through the
IBID, the same level of municipal services (the "Basic Services")
to the properties within the District, as are generally provided throughout
the City. The cost of such Basic Services shall be borne by the City,
as a part of the regular municipal budget or the regular municipal
capital budget, as appropriate; and
c.
The City may, subject to the availability of funds and the demands
for services, annually make additional municipal appropriations available
to the IBID from either the regular municipal budget or the regular
municipal capital budget; and
d.
The fiscal year of the IBID shall be the calendar year. Not later
than October 15th of the year preceding the year for which the budget
is proposed, IBID shall submit a detailed annual budget for consideration
by the Mayor and Municipal Council; and
e.
The budget to be considered shall include the following:
1.
An estimate of the cost of operating and maintaining and annually
improving the District for the next fiscal year; and
2.
An estimate of changes in the amount of such cost which would follow
upon the adoption of any addition or amendment to the plan recommended
to or under consideration by the Municipal Council; and
3.
Such estimates shall be reasonably itemized and shall include a summary
of the categories of cost properly chargeable as follows:
(a)
The amount of such cost to be charged against the general funds
of the City; and
(b)
The amount of such cost to be charged and assessed against properties
benefited 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; and
(c)
The amount of cost, if any, to be specially taxed against properties
in the district.
4.
A report explaining how the budget will contribute to the accomplishment
of the goals and objectives of the District.
f.
The Municipal Council shall receive and consider such estimate and
the items of cost after such Notice and Hearing before it or its appropriate
Committee, as it shall deem necessary or expedient, and shall approve
the same, with such amendments thereto as it shall find necessary,
and the amounts of each item of cost estimated shall be deemed appropriated
and expendable to operate and maintain the District during the ensuing
fiscal year; and
g.
The budget shall be considered and adopted in accordance with the
following procedure:
1.
The Budget shall be introduced, approved, amended and adopted by
Resolution passed by not less than a majority of the full membership
of the Municipal Council.
The procedure shall be as follows:
2.
The budget shall be introduced in writing at a meeting of the Municipal
Council. Approval thereof shall constitute a first reading, which
may be by title. Upon the approval of the budget by the Municipal
Council, it shall fix the time and place for the holding of a public
hearing upon the budget; and
3.
The budget shall be advertised after approval. The advertisement
shall contain a copy of the budget and shall set forth the date, the
time and place of the healing. It shall be published at least 10 days
prior to the date fixed therefore in a newspaper published and circulating
in the City; and
4.
No budget shall be adopted until a Public Hearing has been held therein
and all persons having an interest therein shall have been given an
opportunity to present objections. The hearing shall be held not less
than 28 days after the approval of the Budget; and
5.
The Public Hearing shall be held at the time and place specified
in the advertisement thereof, but may be adjourned from time to time
until the Hearing is closed. The Budget, as advertised, shall be read
at the Public Hearing, in full or it may be read by its title, if:
(a)
At least one week prior to the date of the Hearing, a complete
copy of the approved Budget, as advertised:
(b)
The Municipal Council shall, by resolution passed by not less
than a majority of the full membership, determine that the budget
shall be read by its title and declare that the conditions set forth
in paragraph (a) have been met. After closing the hearing, the Municipal
Council may adopt the Budget by title, without amendments, or may
approve amendments, as provided in paragraph g of this subsection,
before adoption.
6.
The Municipal Council may amend the Budget during or after the Public
Hearing. No amendment by the Municipal Council shall be effective
until taxpayers and all persons having an interest therein shall have
been granted a Public Hearing thereon, if the amendment shall:
(a)
Add a new item in an amount in excess of 1% of the total amount
as stated in the approved Budget; or
(b)
Increase or decrease any item by more than 10%; or
(c)
Increase the amount to be raised pursuant to N.J.S.A. 40:56-80
by more than 5%, unless the same is made pursuant to an Emergency
Temporary Appropriation only.
Notice of Hearing on an amendment shall be advertised at least
three days before the date set therefor. The amendment shall be published
in full in the same manner as an original publication and shall be
read in full at the hearing and before adoption.
7.
Final adoption shall be by resolution, adopted by a majority of the
full membership of the Municipal Council, and may be by title.
h.
Each year, when the Mayor and Municipal Council shall have acted
on the estimate of costs for the ensuing year, the Municipal Assessor
shall prepare an assessment roll setting forth separately the amounts
to be specially assessed the benefited and assessable properties in
the District in proportion to the benefits. 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 City Clerk and be available for inspection. The Municipal
Council shall annually meet to consider objects to the amounts of
such special assessments at least 10 days after a Notice of Hearing
has been published once in the official newspaper and mailed to the
named owners of the 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 Municipal Council shall have
approved the amounts of the special assessments set forth therein,
or as may be charged by it, the City Clerk shall forthwith certify
a copy of the assessment roll, with such changes, if any, to the County
Tax Board.
i.
For the purpose of this section, "Annual Improvements" shall mean
and include any reconstruction, replacement or repair of trees and
planting, furniture, shelters and other facilities of the District,
furnishing overhead or underground heating for snow removal or for
enjoyment of pedestrians, and any other local improvement, which benefits
properties within the District. For the purpose of this Section, "costs"
shall, with respect to annual improvements to and operation and maintenance
the District, mean costs of annual improvements; and all other costs,
including costs, incurred or to be incurred in connection with annual
improvements to and operation and maintenance of the District.
j.
Monies appropriated and collected on account of annual improvement
costs, and costs of operating and maintaining the District shall be
credited to a special account. The Mayor and Municipal Council may
incur the annual costs of improving, operating and maintaining the
District during any fiscal year, though not specifically provided
for by line item or other category in an approved estimate for such
fiscal year, if in its discretion it shall be deemed necessary to
provide for such annual improvements or operation or maintenance prior
to the succeeding fiscal year and so long as the total amount of the
account as approved for that year is not exceeded by that expenditure.
Any balances 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.
k.
The City shall cause funds to be paid to the IBID quarterly, on the
first day of March, June, September and December of each year.
l.
All special assessment payments collected by the Tax Collector shall
be placed and maintained in a special account that shall at all times
be segregated from general Municipal funds.
m.
The City Tax Collector shall withhold from each quarterly payment
an Administrative Fee of 1% of the amount actually collected by the
Tax Collector.
[Ord. No. 6PSF-B, 3-6-2013]
The IBID shall within 30 days after the close of each fiscal
year, make an annual report to the Mayor and Municipal Council regarding
its activities of the prior year.
[Ord. No. 6PSF-B, 3-6-2013]
IBID shall cause an annual audit of its books, accounts and
financial transactions to be made and filled with the Mayor and Municipal
Council, and for that purpose IBID shall employ a certified public
accountant of New Jersey. The annual audit shall be completed and
filed with the Mayor and Municipal Council within four months after
the close of the fiscal year and a certified duplicate copy of the
audit shall be filed with the Director of the Division of Local Government
Services in the Department of Community Affairs within five days of
the filing of the audit with the Mayor and Municipal Council.
[Ord. No. 6PSF-B, 3-6-2013]
Notwithstanding the establishment of the District and the designation
of IBID, the City shall retain its police powers and other rights
and powers relating to the District, and such actions shall not be
interpreted or construed to be a vacation, in whole or in part, of
any municipal street or part thereof, it being intended that the establishment
of the District pursuant to this Section is a matter of a regulation
only. This Section shall not prevent the City at any time hereafter
from abandoning the operation of the District, changing the extent
of the District, supplementing or amending the description of the
District to be specially assessed or taxed for annual costs of District,
or changing or repealing any limitations on the use of the District,
with any such action to be done by adoption of an Ordinance.
[Ord. No. 6PSF-B, 3-6-2013]
If any provision of this N.J.S.A. 40:56-65 et seq. (the Act)
or this Section or the application thereof to any person or circumstance
is held invalid, such holding shall not affect other provisions or
applications of the Act or this Section, as applicable, and to this
end the such invalid provisions of this Act are severable.
[Ord. No. 6PSF-B, 3-6-2013]
At least 10 days prior to the date fixed for a Public Hearing
for this Section, a copy of the Ordinance and notice of the date,
time and place of the Hearing shall be mailed to the owners of all
of the properties located within the proposed boundaries of the District.
[Ord. No. 6PSF-B, 3-6-2013]
This Section shall take effect upon final passage and publication
as required by law.
The expansion of the District, the delivery of service to the
expanded parts of the District and the assessment of the expanded
parts of the District shall take place beginning on January 1, 2013.
[1]
Editor's Note: Prior history includes Ord. No. 6 S&FE,
2-2-1998.
[Ord. No. 6PSF-C, 2-20-2013]
Means the "Newark Downtown District Management Corporation"
(or "NDD"), an entity incorporated pursuant to Title 15A of the New
Jersey Statutes and designated by this Section to receive funds collected
by a special assessment within a Special Improvement District, as
authorized by N.J.S.A. 40:56-65 et seq. and this Section.
Means any form of hawking, peddling, selling or vending of
any foods, beverages, confections, goods, wares, merchandise or commodities
of any nature or description on the streets or sidewalks or on any
other public place within the District.
Means an area within a municipality designated by municipal
ordinance 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 City.
Means anyone engaged in any form of Sidewalk Vending.
Means a written document containing all of the rules and
regulations governing the conduct of Sidewalk Vending within the District.
[Ord. No. 6PSF-C, 2-20-2013; amended 11-22-2022 by Ord. No. 6PSF-B(s), 11-22-2022]
The Mayor and Municipal Council find and declare:
a.
That the area within the City, as described in Schedules A (map),
B (properties currently within this Special Improvement District)
and C (new expanded area) of this Section, will benefit from being
designated as a Special Improvement District; and[1]
[1]
Editor's Note: Schedules A, B and C are on file in the City
Clerk's office.
b.
That a District Management Corporation will provide administrative
and other services to benefit the businesses, employees, residents
and consumers in the Special Improvement District; and
c.
That a special assessment shall be imposed and collected by the City
with the regular property tax payment or payment 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 Section and to exercise the powers given to it by
this Ordinance No. 6PSF-C, 2-20-2013; and
d.
That it is in the best interest of the municipality and the public
to create a Special Improvement District and to designate a District
Management Corporation.
[Ord. No. 6PSF-C, 2-20-2013; amended 11-22-2022 by Ord. No. 6PSF-B(s), 11-22-2022]
a.
The City of Newark's Special Improvement District known as Newark
Downtown Special Improvement District, created, pursuant to N.J.S.A.
40:50-65 et seq., by Ordinance 6S&FE, adopted on September 2,
1998, which was repealed and replaced by Ordinance 6PSF-C adopted
on February 20, 2013, which designated a District Management Corporation,
expanded the district and changed the regulations for the operation
of the special Improvement district, and further expanded by this
section, consisting of the properties within the area delineated in
the Map attached hereto as Schedule A, more specifically the properties
currently part of the Special Improvement District as listed on Schedule
B (attached hereto), and the expanded properties listed on Schedule
C (attached hereto).[1]
[1]
Editor's Note: Schedules A, B and C are on file in the City
Clerk's office.
b.
The District shall have the following boundaries:
Begin Northerly through the freight line from Orange Street
to Division Street. Then Easterly, the boundary starts along the edge
of the Passaic River to the point where it would intersect with Jersey
Street. Still, on the Eastern side of the District, the boundary continues
at the intersection of Jersey Street and Raymond Boulevard while encompassing
Lafayette Street, Walnut Street, and Mulberry Street. The border finally
stops Easterly along McCarter Highway at the junction of Poinier Street,
right by the edge of the Viaduct (Route 21). Then Westerly, the District
begins north at Division Street and University Avenue intersection,
down to the corner of Washington Street and Hill Street. Westerly,
the District continues south along Washington Street and Pennsylvania
Avenue till the junction of Poinier and Pennsylvania Avenue. The boundary
will stop Southerly along the centerline of Poinier Street to the
beginning of the Viaduct (Route 21) and McCarter Highway.
c.
Except for properties which are exempt from real estate taxation
(other than as set forth below), all properties located within the
District shall be subject to the special assessments made on behalf
of the District, subject solely to the approval of such assessments
in the manner set forth in N.J.S.A. 40:56-65 et seq. Properties that
are subject to a tax exemption under the Long Term Tax Exemption Law,
N.J.S.A. 40A:20-1, et seq., or the Five-Year Tax Exemption and Abatement
Law. N.J.S.A. 40A:21-1, et seq., shall be subject to the special assessments
made on behalf of the District, and the tax assessor shall assign
assessed values to such properties in the same manner that the tax
assessor assesses properties not subject to such a tax exemption or
abatement, in order to equitably calculate the special assessment
due by such properties.
[Ord. No. 6PSF-C, 2-20-2013; amended 11-22-2022 by Ord. No. 6PSF-B(s), 11-22-2022]
a.
The Newark Downtown District Management Corporation (NDD), a non-profit
corporation created pursuant to Title 15S of the New Jersey Statutes,
is hereby designated as the District Management Corporation for the
Newark Downtown Special Improvement District. NDD shall have all of
the powers necessary to effectuate the purposes of this Section, including
but not limited to:
1.
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; and
2.
Employ such persons as may be required, and fix and pay their compensation
from funds available to the corporation; and
3.
Apply for, accept, administer and comply with the requirements respecting
an appropriation of funds or a gift, grant or donation of property
or money; and
4.
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; and
5.
Administer and manage its own funds and accounts and pay its own
obligations;
6.
Borrow money from private lenders and from governmental entities;
and
7.
Fund the improvement of the exterior appearance of properties in
the district through grants or loans; and
8.
Fund the rehabilitation of properties in the District; and
9.
Accept, purchase, rehabilitate, sell, lease or manage property in
the District; and
10.
Enforce the conditions of any loan, grant, sale or lease made
by the corporation;
11.
Provide security, sanitation and other maintenance services
to the District (directly or through third-party providers), supplemental
to those provided normally by the municipality, including, subject
to the City's and NDD's mutual agreement, the sanitation and maintenance
of bus stops located within the District; and
12.
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; and
13.
Publicize the District and the businesses included within the
district boundaries;
14.
Recruit new businesses to fill vacancies in, and to balance
the business mix of, the District; and
15.
Organize special events in the District; and
16.
Provide special parking arrangements for the District; and
17.
Provide temporary and permanent decorative lighting and signage
in the District.
18.
Provide any activity which will enhance the movement, safety,
convenience or enjoyment of pedestrians, including seating, display
and sale of merchandise, exhibiting, advertising, public events, and
any other use or activity which will enhance the movement, safety,
convenience or enjoyment of pedestrians and any other use or activity
permitted by the special improvement district or other applicable
law, and/or this Section; and
19.
Control and regulate the following:
(a)
The distribution and location of movable furniture, sculpture
or pedestrian traffic control devices, landscaping and other facilities
located on the streets or sidewalks within the District; and
(b)
The uses to be permitted on the streets or sidewalks within
the District by occupants of abutting property, any transit or telephone
utility, concessionaires, vendors and others to serve the convenience
and enjoyment of pedestrians and the location of such uses; and
(c)
The issuance of permits to conduct any special activity consistent
with the broad purposes of the District; and
(d)
The operation of any lighting, heating or other facilities on
the streets or sidewalks within the District, replacing landscaping
and maintaining the furniture and facilities on the streets or sidewalks
within the District.
b.
Wherever possible, the NDD shall utilize affirmative action in its
personnel and procurement practices. Pursuant to N.J.A.C. 17:27-5.2,
NDD shall not discriminate against any employee or applicant for employment
because of age, race, creed, color, national origin, ancestry, marital
status or gender.
c.
By written agreement, the City may delegate to NDD the contracting
of some or all of any work to be performed on any street, municipal
property or other public place within the District. In such cases,
NDD shall be deemed to be a "contracting unit", as such term is defined
within the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.)
All plans and specifications to be used by NDD in such contracting
must be approved by the City Engineer prior to the seeking of bids
for any such work.
d.
NDD is further authorized to assist the City in the regulation of
Sidewalk Vending within the District, subject to the following conditions:
1.
The rules and regulations set forth in the Vendor Handbook.
2.
The conduct of Sidewalk Vending within the District is hereby authorized,
subject to the terms set forth in the Vendor Handbook and any other
rules or regulations regarding such activities as are set forth within
the Revised Ordinances of the City.
3.
The Vendor Handbook shall be subject to annual review and updating
by such agency as may be designated for such task by the Mayor.
4.
Nothing in this Section 10:33-3.4 shall prohibit the holder of a
valid restaurant license from engaging in the sale of the products
governed by that license on the sidewalk immediately adjacent to the
licensed premises, provided that such activity complies fully with
such health and other regulations as apply to that activity.
[Ord. No. 6PSF-C, 2-20-2013; amended 11-22-2022 by Ord. No. 6PSF-B(s), 11-22-2022; 2-15-2023 by Ord. No. 6PSF-C,
02-15-2023]
a.
The cost of improvements within the District and the annual costs
of operations and maintenance of services that are provided at a level
specific to the District, as opposed to services normally provided
by the City, will provide benefits primarily to the properties located
within the District rather than to the entirety of the City. Such
costs shall be borne by the properties within the District in the
manner provided in N.J.S.A. 40:56-65, et seq.
b.
The City shall continue to provide, either directly or through the
NDD, the same level of municipal services (the "Basic Services") to
the properties within the District as are generally provided throughout
the City. The costs of such Basic Services shall be borne by the City
as a part of the regular municipal budget or the regular municipal
capital budget, as appropriate.
c.
The City may, subject to the availability of funds and the demand
for services, annually make additional municipal appropriations available
to the NDD from either the regular municipal budget or the regular
municipal capital budget.
d.
The fiscal year of the NDD shall be the calendar year. Not later
than October 15 of the year preceding the year for which the budget
is proposed, NDD shall submit a detailed annual budget for consideration
by the Mayor and Municipal Council.
e.
The budget to be considered shall include the following:
1.
An estimate of the cost of operating and maintaining and annually
improving the District for the next fiscal year,
2.
An estimate of changes in the amounts of such costs which would follow
upon the adoption of any addition or amendment to the plan recommended
to or under consideration by the Municipal Council.
3.
Such estimates shall be reasonably itemized and shall include a summary
of the categories of cost properly chargeable as follows:
(a)
The amount of such costs to be charged against the general funds
of the City; and
(b)
The amount of costs to be charged and assessed against properties
benefited 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; and
(c)
The amount of costs, if any, to be specially taxed against properties
in the District.
4.
A report explaining how the budget will contribute to the accomplishment
of the goals and objectives of the District.
f.
The Municipal Council shall receive and consider such estimate and
the items of cost after such notice and hearing before it or its appropriate
committee as it shall deem necessary or expedient, and shall approve
the same, with such amendments thereto as it shall find necessary,
and the amounts of each item of cost estimated shall be deemed appropriated
and expendable to operate and maintain the District during the ensuing
fiscal year.
g.
The Budget shall be considered and adopted in accordance with the
following procedure:
1.
The Budget shall be introduced, approved, amended and adopted by
resolution passed by not less than a majority of the full membership
of the Municipal Council.
The procedure shall be as follows:
2.
The budget shall be introduced in writing at a meeting of the Municipal
Council. Approval thereof shall constitute a first reading, which
may be by title. Upon the approval of the budget by the Municipal
Council, it shall fix the time and place for the holding of a public
hearing upon the budget.
3.
The budget shall be advertised after approval. The advertisement
shall contain a copy of the budget and shall set forth the date, the
time and place of the hearing. It shall be published at least 10 days
prior to the date fixed therefor in a newspaper published and circulating
in the City.
4.
No budget shall be adopted until a public hearing has been held thereon
and all persons having an interest therein shall have been given an
opportunity to present objections. The hearing shall be held not less
than 28 days after the approval of the budget.
5.
The Public Hearing shall be held at the time and place specified
in the advertisement thereof, but may be adjourned from time to time
until the hearing is closed. The budget, as advertised, shall be read
at the public hearing, in full, or it may be read by its title, if:
(a)
At least one week prior to the date of the hearing, a complete
copy of the approved budget, as advertised:
(b)
The Municipal Council shall, by resolution passed by not less
than a majority of the full membership, determine that the budget
shall be read by its title and declare that the conditions set forth
in paragraph (a) have been met. After closing the hearing, the Municipal
Council may adopt the budget by title, without amendments, or may
approve amendments, as provided in paragraph g of this subsection,
before adoption.
6.
The Municipal Council may amend the budget during or after the public
hearing. No amendment by the Municipal Council shall be effective
until taxpayers and all persons having an interest therein shall have
been granted a public hearing thereon, if the amendment shall:
(a)
Add a new item in an amount in excess of 1% of the total amount
as stated in the approved budget; or
(b)
Increase or decrease any item by more than 10%; or
(c)
Increase the amount to be raised pursuant to N.J.S.A. 40:56-80
by more than 5%, unless the same is made pursuant to an emergency
temporary appropriation only.
Notice of hearing on an amendment shall be advertised at least
three days before the date set therefor. The amendment shall be published
in full in the same manner as an original publication and shall be
read in full at the hearing and before adoption.
7.
Final adoption shall be by resolution, adopted by a majority of the
full membership of the Municipal Council, and may be by title.
h.
Each year, when the Mayor and Municipal Council shall have acted
on the estimate of costs for the ensuing year, the Municipal Assessor
shall prepare an assessment roll setting forth separately the amounts
to be specially assessed against the benefited and assessable properties
in the District in proportion to the benefits. 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 City Clerk and be there available for inspection. The
Municipal Council shall annually meet to consider objections to the
amounts of such special assessments at least 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 Municipal Council shall have
approved the amounts of the special assessments set forth therein,
or as may be changed by it, the City Clerk shall forthwith certify
a copy of the assessment roll, with such changes, if any, to the County
Tax Board.
i.
For the purpose of this section, "Annual Improvements" shall mean
and include any reconstruction, replacement or repair of trees and
plantings, furniture, shelters and other facilities of the District,
furnishing overhead or underground heating for snow removal or for
enjoyment of pedestrians, and any other local improvement which benefits
properties within the District. For the purpose of this Section, "costs"
shall, with respect to annual improvements to and operation and maintenance
the 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.
j.
Monies appropriated and collected on account of annual improvement
costs, and costs of operating and maintaining the District shall be
credited to a special account. The Mayor and Municipal Council may
incur the annual costs of improving, operating and maintaining the
District during any fiscal year, though not specifically provided
for by line item or other category in an approved estimate for such
fiscal year, if in its discretion it shall be deemed necessary to
provide for such annual improvements or operation or maintenance prior
to the succeeding fiscal year and so long as the total amount of the
account as approved for that year is not exceeded by that expenditure.
Any balances 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.
k.
The City shall cause 25% of the Annual Budget approved by the City
Council to be paid to the NDD quarterly, on or about the first day
of March, June, September and December of each year.
l.
All special assessment payments collected by the Tax Collector shall
be placed and maintained in a special account that shall at all times
be segregated from general municipal funds.
m.
The City Tax Collector shall withhold from each quarterly payment
an Administrative Fee of one (1%) percent of the amount actually collected
by the Tax Collector.
[Added 2-15-2023 by Ord. No. 6PSF-C, 02-15-2023]
[Ord. No. 6PSF-C, 2-20-2013]
The NDD shall, within 30 days after the close of each fiscal
year, make an annual report to the Mayor and Municipal Council regarding
its activities of the prior year.
[Ord. No. 6PSF-C, 2-20-2013]
NDD shall cause an annual audit of its books, accounts and financial
transactions to be made and filed with the Mayor and Municipal Council,
and for that purpose NDD shall employ a certified public accountant
of New Jersey. The annual audit shall be completed and filed with
the Mayor and Municipal Council within four months after the close
of the fiscal year and a certified duplicate copy of the audit shall
be filed with the Director of the Division of Local Government Services
in the Department of Community Affairs within five days of the filing
of the audit with the Mayor and Municipal Council.
[Ord. No. 6PSF-C, 2-20-2013]
Notwithstanding the establishment of the District and the designation
of NDD, the City shall retain its police powers and other rights and
powers relating to the District, and such actions shall not be interpreted
or construed to be a vacation, in whole or in part, of any municipal
street or part thereof, it being intended that the establishment of
the District pursuant to this Section is a matter of a regulation
only. This Section shall not prevent the City at any time hereafter
from abandoning the operation of the District, changing the extent
of the District, supplementing or amending the description of the
District to be specially assessed or taxed for annual costs of District,
or changing or repealing any limitations on the use of the District
streets by private vehicles or any plan, rules or regulations adopted
for the operation of the District, with any such action to be done
by adoption of an ordinance.
[Ord. No. 6PSF-C, 2-20-2013]
If any provision of this N.J.S.A. 40:56-65 et seq. (the Act)
or this Section or the application thereof to any person or circumstance
is held invalid, such holding shall not affect other provisions or
applications of the Act or this Section, as applicable, and to this
end the such invalid provisions of this Act are severable.
[Ord. No. 6PSF-C, 2-20-2013; amended 11-22-2022 by Ord. No. 6PSF-B(s), 11-22-2022]
At least 10 days prior to the date fixed for a public hearing
for this Section, a copy of the Ordinance and notice of the date,
time and place of the hearing shall be mailed to the owners of all
of the properties that are located within the proposed boundaries
of the District for the first time by virtue of this ordinance.[1]
[1]
Editor's Note: "This ordinance" refers to Ord. No. 6PSF-B(s),
11-22-2022.
[Ord. No. 6PSF-C, 2-20-2013; amended 11-22-2022 by Ord. No. 6PSF-B(s), 11-22-2022]
This Section shall take effect upon final passage and publication and in accordance with the laws of the State of New Jersey. The expansion of the District, the delivery of service to the expanded parts of the District and the assessment of the expanded parts of the District shall take place beginning on January 1, 2013. The further expansion of the District, delivery of services to the expanded parts of the District, assessment of the expanded parts of the District, and any other changes to this Section 10:32-3 pursuant to this Ordinance[1] shall take place beginning on January 1, 2023.
[1]
Editor's Note: "This ordinance" refers to Ord. No. 6PSF-B(s),
11-22-2022.
[Ord. No. 6PSF-B, 4-17-2013]
Means an area within the City as identified by the Tax Block
and Lot numbers and street address as set forth in Schedule A to this
Ordinance No. 6PSF-B, 4-17-2013, in which a special assessment on
properties shall be imposed for the purposes of promoting the economic
and general welfare of the District and the City.
Means the "BLCSID Partnership, Inc." (also referred to herein
as the Management Corporation), an entity to be incorporated pursuant
to Title 15A of the New Jersey Statutes and designated by this Section
to receive funds collected by a special assessment within the District,
as authorized by N.J.S.A. 40:56-65 et seq. (the "Act") and this Section
and any amendatory supplemental ordinances.
[Ord. No. 6PSF-B, 4-17-2013]
Pursuant to the Act, the Governing Body of the City of Newark
hereby determines the following:
a.
That the creation of the BLC Special Improvement District, as identified
by the tax Block and Lot numbers and street address as set forth in
Schedule A to this Ordinance No. 6PSF-B, 4-17-2013, will benefit the
properties included within the District.
b.
That the District Management Corporation will provide administrative,
management and other services to benefit the businesses, employees,
residents and consumers in the BLC Special Improvement District.
c.
That a special assessment shall be imposed and collected by the City
with the regular property tax payment or payment in lieu of taxes
or otherwise, and that all or a portion of these payments shall be
transmitted to the District Management Corporation to effectuate the
purposes of this Ordinance No. 6PSF-B, 4-17-2013, and to exercise
the powers granted to it pursuant to this Section.
d.
That it is in the best interests of the City and the public to create
a Special Improvement District and a Management Corporation to administer
the BLC Special Improvement District.
e.
That the property owners, business owners and residents within the
BLC Special Improvement District should be encouraged to provide self-help
and self-financing programs to improve local business and commercial
properties, market and advertise the businesses, and to improve maintenance
and conditions of residential dwellings.
[Ord. No. 6PSF-B, 4-17-2013]
a.
Based upon the findings hereinabove set forth and the interests of
the property owners, business owners, merchants and residents within
the District, there is hereby created and designated with the City
of Newark a Business Improvement District to be known as the BLC Special
Improvement District within the City of Newark pursuant to the provisions
of the Act.
[Ord. No. 6PSF-B, 4-17-2013]
a.
All costs of improvements and maintenance, other than those costs
of improvements and maintenance normally incurred by the City of Newark
out of general funds, shall be determined by the District Management
Corporation and approved pursuant to N.J.S.A. 40:56-80 or N.J.S.A.
40:56-84.
b.
All properties within the BLC Special Improvement District and listed
in Schedule A shall be subject to a special assessment based upon
real property tax assessments. Assessments shall be determined by
multiplying the current assessed valuation, as determined by the City
Tax Assessor for real estate tax purposes, multiplied by a rate to
be established by the District Management Corporation.
c.
Assessments shall be due on the same dates that real property taxes
are due, and shall be received by the City Tax Collector within 10
calendar days thereafter. Within 30 days of receipt of such funds,
the City Tax Collector shall pay over such assessments collected to
the District Management Corporation.
d.
Unpaid special assessments shall become a lien against the underlying
property and shall be collectible in the same manner as any other
municipal property taxes and assessments as provided by the laws of
the State of New Jersey.
[Ord. No. 6PSF-B, 4-17-2013]
a.
There shall be formed a New Jersey non-profit corporation called
the "BLC Partnership, Inc." (hereinafter the "Management Corporation"),
which shall be the District Management Corporation for the BLC Special
Improvement District.
b.
The Board of Directors of the Management Corporation shall consist
initially of between 17 and 23 persons and shall include the following
representational classes of members:
1.
The Mayor or her or his designee;
2.
One Member of the City Municipal Council selected by the City Municipal
Council;
3.
Three representatives of Beth Israel Medical Center;
4.
A mix of representatives from each of Bergen Street, Lyons Avenue,
and Clinton Avenue from different classifications of stakeholders
in the District (e.g., commercial property owners, business owners,
residents and clergy), in a manner to be determined by the District
Management Corporation.
c.
Upon establishment of the composition of the Board of Directors,
the District Management Corporation shall set the initial terms of
the respective Board Members in paragraph 4 based upon stakeholder
classification. For example, resident Board Members' first term is
one year, business owner Board Members first term is two years, so
that the terms will be staggered. Thereafter, there will be annual
elections in which all members of the SID will vote for candidates
for the Board Members in paragraph 4. Above, who will be elected for
a two-year term.
d.
All Board members shall serve on a volunteer basis, without compensation
of any kind.
e.
The officers of Management Corporation shall be elected by a majority
vote of the Board members and shall consist of the following: President,
one or more vice presidents, secretary and treasurer.
f.
The Management Corporation, as the managing entity, shall have all
powers necessary and requisite to effectuate the purposes of this
Section and the District. Such powers shall include, without limitation:
1.
Adoption of bylaws for the regulation of the affairs of the District
and the conduct of its business and the prescribing of rules, regulations
and policies in connection with the performance of its functions and
duties.
2.
Employment of such persons as may be required to carry out the business
of the District and to fix and pay their compensation from funds available
to the management entity.
3.
Application, acceptance, administration, and compliance with requirements
respecting an appropriation of funds or a gift, grant or donation
of property or money.
4.
Making and executing agreements which may be necessary or convenient
to the exercise of the powers and functions of the management entity,
including contracts with any person, firm, corporation, government
agency or other entity.
5.
Administration and management of its own funds and accounts and payment
of its own obligations.
6.
Borrowing money from private lenders and from government entities.
7.
Funding the improvement of the exterior appearance of properties
in the District through grants or loans.
8.
Funding the rehabilitation of properties in the District.
9.
Acceptance, purchase, rehabilitation, sale, lease or management of
property in the District.
10.
Enforcing the conditions of any loan, grant, sale or lease made
by the Management Corporation.
11.
Provision of security, sanitation, and other services to the
District, supplemental to those normally provided by the City.
12.
Undertaking improvements designed to increase the safety or
attractiveness of the District to businesses or residents 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 and other programs and improvements generally permitted,
pursuant to applicable state laws and City ordinances.
13.
Publicizing and promoting the District, business and residential
properties, and business establishments included within the District
boundaries.
14.
Recruitment of new businesses and residents to fill vacancies
in and to balance the business and social and cultural mix of the
District.
15.
Organizing special events in the District.
16.
Providing special parking arrangements for the District.
17.
Providing temporary decorative lighting for the District.
18.
Taking any other actions that are necessary and proper to achieve
the purposes of this Section and that are otherwise permitted by law.
g.
The Management Corporation shall utilize affirmative action goals
and guidelines in its hiring and expenditures whenever possible. Pursuant
to N.J.A.C. 17:27-5.2, the Management Corporation will not discriminate
against any employee or applicant for employment because of age, race,
creed, color, national origin, ancestry, marital status or sex. The
Management Corporation will take affirmative action to ensure that
such applicants are recruited and employed, and that employees are
treated during employment without regard to their age, race, creed,
color, national origin, ancestry, marital status or sex.
[Ord. No. 6PSF-B, 4-17-2013]
a.
The Management Corporation shall operate on a calendar year basis,
January 1 through December 31, inclusive.
b.
Not later than December 1 of each year, the Management Corporation
shall submit a detailed business plan and budget for the upcoming
year, for approval by the City of Newark Municipal Council pursuant
to N.J.S.A. 40:56-84. The budget shall be accompanied by a report
explaining how the budget contributes to the goals and objectives
for the District.
c.
The budget shall be introduced, approved, amended and adopted by
resolution passed by not less than a majority of the full membership
of the City of Newark Municipal Council.
d.
The Management Corporation shall cause an annual audit of its books,
accounts and financial sections to be made and filed with the Governing
Body. Such audit shall be completed and delivered to the Governing
Body within four months after the close of the fiscal year. A certified
duplicate copy of the audit shall be filed with the Director of the
Division of Local Government Services in the State Department of Community
Affairs within five days of the filing with the City. The Management
Corporation shall employ a certified public accountant licensed by
and practicing within the State of New Jersey to perform the required
audit.
e.
The Management Corporation shall submit an annual report to the City
of Newark Municipal Council pursuant to N.J.S.A. 40:56-80 within 30
days of the close of the fiscal year. The report shall consist of
a narrative covering the previous year's operation and detailed financial
statements.
[Ord. No. 6PSF-B, 4-17-2013]
Nothing contained herein shall prevent the City Municipal Council
at any time subsequent to the adoption of this article, by ordinance,
from abandoning the operation of the Special Improvement District,
changing the extent of the Special Improvement District, supplementing
or amending the description of the district to be specifically assessed
or taxed for annual costs of the Special Improvement District or rescinding
the designation of or redesignating a District Management Corporation.
Notwithstanding the creation of the Special Improvement District,
the City of Newark expressly reserves and retains all its police powers
and other rights and powers related to the area within the District.
[Ord. No. 6PSF-B, 4-17-2013]
a.
At least 10 days prior to the date fixed for a public hearing for
this Ordinance No. 6PSF-B, 4-17-2013, a copy of the proposed ordinance
and notice of the date, time and place of the hearing shall be mailed
to the owners of all the lots and parcels of land abutting or directly
affected by any proposed special improvement district proposed by
this Ordinance, as the case may be.
b.
Within 10 days of the adoption of this Section the City Clerk shall
forward a copy of this Section to the Director of the Division of
Local Government Services in the Department of Community Affairs.
[Ord. No. 6PSF-B, 4-17-2013]
Should any section, paragraph, clause or any other portion of
this Section be adjudged by a Court of competent jurisdiction to be
invalid, such judgment shall not affect or impair the remainder of
this Section.
[Ord. No. 6PSF-B, 4-17-2013]
All ordinances or parts of ordinances inconsistent with the
provisions of this Section shall be repealed to the extent of such
inconsistency only.
[Ord. No. 6PSF-B, 4-17-2013]
This Section shall take effective upon final passage and publication
in accordance with the laws of the State of New Jersey.
[Ord. No. 6PSF-H, 6-19-2013; Ord. No. 6PSF-D, 9-19-2018; Ord. No. 6PSF-D, 8-7-2019]
Means the Greater Newark Tourism Improvement District Management
Corporation" (also referred to as the Management Corporation), an
entity to be incorporated pursuant to Title 15A of the New Jersey
Statutes and designated by this Section to receive funds collected
by a special assessment within the District, as authorized by this
Section and any amendatory supplemental ordinances.
Shall mean a commercial building which is regularly used
and kept open as such for the lodging of guests. Consistent with Chapter
20 of the City Code, any hotel collecting the City's 6% hotel occupancy
tax or paying the City a payment in lieu of such tax, is obligated
to collect a 1.5% tourism assessment fee, or if the hotel makes payment
in lieu of the hotel occupancy tax, a proportionate payment must be
assessed against the hotel.
Means any individual, company, or group of companies engaged
in the development, marketing, and management of a hotel.
Means an area within the City of Newark designated by this
Ordinance as an area in which a special assessment on certain property
within the District shall be imposed for the purposes of promoting
the economic and general welfare of the District and the Municipality.
Means a room, group of rooms, or other living or sleeping
space for the lodging of occupants, including but not limited to residences
or buildings used as residences. Transient accommodation does not
include: a hotel or hotel room; a room, group of rooms, or other living
or sleeping space used as a place of assembly; a dormitory or other
similar residential facility of an elementary or secondary school
or a college or university; a hospital, nursing home, or other similar
residential facility of a provider of services for the care, support
and treatment of individuals that is licensed by the State; a campsite,
cabin, lean-to, or other similar residential facility of a campground
or an adult or youth camp; a furnished or unfurnished private residential
property, including but not limited to condominiums, bungalows, single
family homes and similar living units where no maid service, room
service, linen changing service or other common hotel services are
made available by the lessor and where the keys to the furnished or
unfurnished private residential property, whether a physical key,
access to a keyless locking mechanism, or other means of physical
ingress to the furnished or unfurnished private residential property,
are provided to the lessee at the location of an offsite real estate
broker licensed by the New Jersey Real Estate Commission pursuant
to R.S. 45:15-1 et seq.; or leases of real property with a term of
at least 90 consecutive days.
Means an online marketplace through which a person may offer
transient accommodation or hotel rooms to individuals. A transient
space marketplace allows transient accommodations or hotel rooms to
be advertised or listed through an online marketplace in exchange
for consideration or provides a means for a customer to arrange for
the occupancy of the transient accommodation or hotel room in exchange
for consideration. A transient space marketplace shall not include
an online marketplace operated by or on behalf of a hotel or hotel
corporation that facilitates customer occupancy solely for the hotel
or hotel corporation's owned or managed hotels and franchisees.
[Ord. No. 6PSF-H, 6-19-2013; Ord. No. 6PSF-D, 9-19-2018; Ord. No. 6PSF-D, 8-7-2019]
Pursuant to N.J.S.A. 40:56-65, et seq. (the "Act"), the Governing
Body of the City of Newark hereby determines the following:
a.
That the enhancement of business and leisure tourism presents an
untapped source of employment opportunities and tax revenues which
can enhance the economic well-being of the City of Newark and its
residents.
b.
That the hotel industry properties, transient accommodations and
businesses described by Lot and Block and street address as set forth
in Schedule A of this Section are an integral, vital economic and
social component within the City and that the creation of a special
improvement district including and benefitting such properties and
businesses will serve to enhance the safety, welfare and economic
growth of the District and, consequently, the residents of the City
as a whole.[1]
[1]
Editor's Note: Schedule A is on file in the City Clerk's office.
c.
That through creation of a District Management Corporation to provide
administrative and other services, the hotel property, transient accommodations
and businesses owners and operators of the District, and residents
and consumers, will benefit, and the City will have added ability
to promote tourism and economic growth and employment.
d.
That all costs for the administration and management of the District
should be funded by a special license fee assessment imposed and collected
by the City on the hotel properties and transient accommodations identified
in Schedule A of this Section who benefit from and facilitate tourism
within the District and within the City. Such levy shall be collected
by the City and shall be transferred to the District Management Corporation
to effectuate the purposes of this Section and to exercise the powers
granted to it pursuant to this Section.
e.
That it is in the best interests of the City and the public to create
a Special Improvement District and a management corporation to administer
the District.
f.
That the hotel and transient accommodation industry and business
community should be encouraged to provide self-help and self-financing
programs to meet local and regional needs, goals and objectives through
the formation of an independent District Management Corporation formed
under Title 15A of the New Jersey Statutes.
[Ord. No. 6PSF-H, 6-19-2013; Ord. No. 6PSF-D, 9-19-2018; Ord. No. 6PSF-D, 8-7-2019]
a.
Based upon the findings hereinabove set forth and the interests of
the hotel business owners, transient accommodation operators, merchants
and property owners comprising the District, there is hereby established
the Greater Newark Tourism Improvement District ("TID" or the "District")
as a Special Improvement District within the City of Newark pursuant
to the provisions of the Act.
b.
The hotel industry properties and businesses shall consist of all
hotel properties and transient accommodation operators within the
City of Newark, which are identified by street address and by Block
and Lot designation in Schedule A. Included among such properties
identified in Schedule A are two properties that were previously under
construction, which properties shall not be subject to license fee
assessment until after obtaining a Certificate of Occupancy. Schedule
A may be amended by ordinance to add new hotel properties and transient
accommodations or to delete properties which have a change of use
from hotel to other uses.
c.
This Section contemplates that other contiguous municipalities may form similar Special Improvement Districts and such municipalities Special Improvement Districts, which are authorized to participate in the TID established by this Section and share in the benefits of the efforts of the District Management Corporation based upon license fee assessments to be established that are commensurate with level of benefit received by such participants. Any such participating municipalities' Special Improvement Districts shall pay license fee assessments to and be managed by the District Management Corporation designated pursuant to Section 10:32-6.5 herein.
d.
Schedule A is hereby amended to allow the inclusion of transient
accommodations (Short-Term Rentals) on a rolling basis as they become
identified and registered by the City of Newark.
[Ord. No. 6PSF-H, 6-19-2013; Ord. No. 6PSF-D, 9-19-2018; Ord. No. 6PSF-D, 8-7-2019]
a.
All costs of improvements and maintenance, other than those costs
of improvements and maintenance normally incurred by the City of Newark
out of general funds, shall be financed through a business license
fee, pursuant to N.J.S.A. 40:56-85, and determined by the District
Management Corporation and approved pursuant to N.J.S.A. 40:56-80.
Hotel owners and transient accommodation operators in the TID shall
pay a license fee assessment of not less than 1.5% of the hotel room
and transient accommodation rates charged and actually paid. For example,
if a hotel has 75 rooms and rents out 50 of those rooms at a rate
of $100 per room, the hotel shall pay a license fee assessment of
$75 for that day. The license fee assessment rate may be increased
only if requested by a majority of the Board of Directors of the District
Management Corporation.
b.
No license fee assessment shall be due based upon rates collected
on stays in rooms from 91 days and thereafter for any rooms rented
for a stay of greater than 90 days, but there shall be license fee
assessments due for the initial ninety-day period. No license fee
assessment shall be charged based upon any room occupancy that was
booked or reserved and paid for prior to May 1, 2013. Any hotels subject
to an assessment imposed by any other special improvement district
within the City shall be entitled to deduction from the license fee
assessment due pursuant to this Section in an amount equal to the
assessment paid by such hotel owner into such other special improvement
district. Such deductions shall be determined by dividing the annual
assessment paid to the other special improvement district by 12 and
deducting that amount from each monthly license fee assessment payment
due pursuant to this Section.
c.
In view of the policy reflected in N.J.A.C. 18:24-3.6 whereby the
New Jersey Department of Treasury in adopting such regulation, has
recognized that the importance of certain industries to the economy
of the State out-weighs the benefit that would flow from imposition
of sales taxes on such business, if a business is exempt from hotel
taxes pursuant to N.J.A.C. 18:24-3.6 then such businesses shall be
exempt from the Special Improvement District assessment hereby imposed
and participating hotels shall not be expected, nor required to collect
Special Improvement District assessments from any business exempt
from hotel taxes and the hotels shall not be required, nor responsible
to pay over any monies based upon hotel stays by businesses that are
exempt from the hotel tax pursuant to N.J.A.C. 18:24-3.6.
d.
License fee assessments shall be collected by each hotel and transient
accommodation owner or operator or transient space marketplaces (i.e.
AIRBNB) as a regular additional "room charge" imposed upon such hotel
owners and operators based upon actual room rentals. Hotel and transient
accommodation owners and operators and transient space marketplaces
shall pay all such license fee assessments in quarterly installments
due with regular real property tax payments each February, May, August,
and November, which payments shall be received by the City Tax Collector
and paid over to the Management Corporation by the end of each month
in which the license fee assessments are collected. The City Tax Collector
shall withhold from each quarterly payment an Administrative Fee of
1% of the amount actually collected by the Tax Collector. All license
fee assessment payments collected by the Tax Collector shall be placed
and maintained in a special account that shall at all times be segregated
from general municipal funds.
e.
(Reserved) [Deleted by Ord. No. 6PSF-D, 9-19-2018].
f.
Unpaid license fee assessments shall become a lien against the underlying
property and shall be collectible in the same manner as any other
municipal property taxes and assessments as provided by the laws of
the State of New Jersey.
[Ord. No. 6PSF-H, 6-19-2013; Ord. No. 6PSF-D, 8-7-2019; amended 1-8-2020 by Ord. No. 6PSF-B, 01-08-2020]
a.
There shall be formed a New Jersey non-profit corporation called
the "Greater Newark Tourism Improvement District Management Corporation"
(hereinafter the "Management Corporation"), which shall be the District
Management Corporation for the TID.
b.
The Management Corporation shall be an organization without membership.
c.
The Board of Directors of the Management Corporation shall consist
of 26 persons who shall, in the first instance, be selected by the
Invest Newark [IN] Tourism Advisory Committee. Thereafter, with the
exception of the At-Large Directors, the Board of Directors shall
be responsible for the appointment of future and replacement Board
members. The representative of the Board of Directors shall be comprised
of the following:
1.
Nine Hoteliers (which may include Hotel owners and/or Directors),
This number may be increased as more hotels enter the District or
decreased if any hotels cease operations in the District.
2.
Six At-Large Representatives, which shall include:
3.
The remaining members shall be comprised of Representatives from
the following industries:
(a)
Representatives of transportation industries,
(b)
Representatives from the restaurant industry,
(c)
Representatives from areas attractions,
(d)
Representatives of the media industry,
(e)
Representatives from the arts/culture industry, and
(f)
Representatives of area associations.
This organizing Board shall, upon appointment, assume the management
of the District and shall adopt bylaws governing the procedures of
the Board.
The non-Hotel Directors shall each have a vote with a value
of 1 person = 1 vote. Each Hotelier Director shall have a vote with
a value of 1 person = 2 votes.
d.
The Management Corporation, as the managing entity, shall have all
powers necessary and requisite to effectuate the purposes of this
Section and the District. Such powers shall include, without limitation:
1.
Adoption of bylaws for the regulation of the affairs of Management
Corporation and the conduct of its business and the prescribing of
rules, regulations and policies in connection with the performance
of its functions and duties.
2.
Employment of such persons as may be required to carry out the business
of Management Corporation and to fix and pay their compensation from
funds available to the management entity.
3.
Retention of legal counsel.
4.
Application, acceptance, administration, and compliance with requirements
respecting an appropriation of funds or a gift, grant or donation
of property or money.
5.
Making and executing agreements which may be necessary or convenient
to the exercise of the powers and functions of the management entity,
including contracts with any person, firm, corporation, government
agency or other entity.
6.
Administration and management of its own funds and accounts and payment
of its own obligations.
7.
Borrowing money from private lenders and from government entities.
8.
Acceptance, purchase, rehabilitation, sale, lease or management of
property in the District.
9.
Enforcing the conditions of any loan, grant, sale or lease made by
the management entity.
10.
Undertaking improvements designed to increase the safety or
attractiveness of the District.
11.
Publicizing and promoting the District and the businesses included
within the District boundaries.
12.
Taking any other actions that are necessary and proper to achieve
the purposes of this Section and that are otherwise permitted by law.
e.
The Management Corporation shall utilize affirmative action goals
and guidelines in its hiring and expenditures whenever possible. Pursuant
to N.J.A.C. 17:27-5.2, the Management Corporation will not discriminate
against any employee or applicant for employment because of age, race,
creed, color, national origin, ancestry, marital status or sex. The
Management Corporation will take affirmative action to ensure that
such applicants are recruited and employed, and that employees are
treated during employment without regard to their age, race, creed,
color, national origin, ancestry, marital status or sex.
[Ord. No. 6PSF-H, 6-19-2013; Ord. No. 6PSF-D, 8-7-2019]
In connection with future hiring by the Management Corporation,
the Management Corporation has committed to the hiring of Newark residents.
Each year, in conjunction with the presentation and approval of the
Management Corporation Budget by the Municipal Council, the Management
Corporation shall report to the Municipal Council on its progress
in connection with this hiring commitment. Should the Management Corporation
fail to comply with this commitment, the Municipal Council shall consider
withholding some or all of the annual funding to the Management Corporation.
[Ord. No. 6PSF-H, 6-19-2013; Ord. No. 6PSF-D, 8-7-2019]
a.
The Management Corporation shall operate on a calendar year basis,
January 1 through December 31, inclusive.
b.
Not later than December 1 of each year, the Management Corporation
shall submit a detailed business plan and budget for the upcoming
year, for approval by the Governing Body pursuant to N.J.S.A. 40:56-84.
The budget shall be accompanied by a report explaining how the budget
contributes to the goals and objectives for the District.
c.
The budget shall be introduced, approved, amended and adopted by
resolution passed by not less than a majority of the full membership
of the Governing Body.
d.
The Management Corporation shall cause an annual audit of its books,
accounts and financial sections to be made and filed with the Governing
Body. Such audit shall be completed and delivered to the Governing
Body within four months after the close of the fiscal year. A certified
duplicate copy of the audit shall be filed with the Director of the
Division of Local Government Services in the State Department of Community
Affairs within five days of the filing with the City. The Management
Corporation shall employ a certified public accountant licensed by
and practicing within the State of New Jersey to perform the required
audit.
e.
The Management Corporation shall submit an annual report to the Governing
Body pursuant to N.J.S.A. 40:56-80 within 30 days of the close of
the fiscal year. The report shall consist of a narrative covering
the previous year's operation and detailed financial statements and
shall include a report on the hiring commitment established in Section
10:33-6.6 hereof.
[Ord. No. 6PSF-H, 6-19-2013; Ord. No. 6PSF-D, 8-7-2019]
Notwithstanding the creation of the Special Improvement District,
the City of Newark expressly reserves and retains all its police powers
and other rights and powers related to the area within the District.
[Ord. No. 6PSF-H, 6-19-2013; Ord. No. 6PSF-D, 8-7-2019]
The Municipal Council shall review and assess the effectiveness
of the TID on or about October 15, 2015, and shall consult with representatives
with an interest in the hotels paying the assessment hereunder, and
consider such factors as room rates, occupancy rates, and reports
from included hotels.
[Ord. No. 6PSF-A, 12-21-2016]
Means the "Partnership West: Business Improvement District
Management Corporation" (also referred to as Management Corporation),
an entity to be incorporated pursuant to N.J.S.A. 15A:1-1 et seq.,
of designated by this Municipal Ordinance to receive funds collected
by a special assessment within the Special Improvement District as
authorized by N.J.S.A. 40:56-65, et seq.
Means areas within the City of Newark designated by this
Ordinance as areas 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.
[Ord. No. 6PSF-A, 12-21-2016]
Pursuant to N.J.S.A. 40:56-65, et seq., the Governing Body of
the City of Newark hereby determines the following:
a.
That the area within the City of Newark as described by block and
lot numbers and by street address as set forth in Schedules A &
B of this ordinance, from being designated as a Special Improvement
District; and
b.
That a district management corporation would provide administrative
and other services to benefit the businesses, employees, residents,
and consumers in the West Ward, and will also assist the City of Newark
in promoting economic growth and employment; and
c.
A special assessment shall be imposed and collected by the City of
Newark either with the regular property tax payment or payment 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 purpose of N.J.S.A. 40:56-65 et seq, and;
d.
It is in the best interests of the City of Newark and its inhabitants
to create a Special Improvement District in the West Ward and to designate
a nonprofit District Management Corporation to manage the Special
Improvement District; and
e.
That the business community should be encouraged to provide self-help
and self-financing programs to meet local needs, goals and objectives
and should be encouraged to supplement any of the authorized services
and improvements through formation of a non-profit District Management
Corporation formed under N.J.S.A. 15A:1-1 et seq.
[Ord. No. 6PSF-A, 12-21-2016]
a.
There is hereby created and designated within the City of Newark
a Special Improvement District authorized pursuant to N.J.S.A. Title
40:56-65 et seq., to be known as the West Ward Special Improvement
District ("District") and is hereby established consisting of the
properties designated and listed on Schedules A (Phase One) and B
(Phase Two), annexed hereto by tax block and lot numbers and street
addresses. The Special Improvement District will be governed by a
District Management Corporation.[1]
[1]
Editor's Note: Schedules A and B are on file in the City Clerk's
office
b.
Schedules A and B of this Section may be amended by an ordinance
to add and delete particular properties which have a change in use
affecting the appropriateness of including them as part of the Special
Improvement District. Any change in the schedules of properties to
be considered part of the Special Improvement District will require
an amendment of the ordinance.
c.
Phasing implies that one part of the Special Improvement District
will be assessed and provided services before the other, and represent
distinct areas within the Special Improvement District. Schedule A
represents Phase One and Schedule B represents Phase Two. Phases will
be assessed as separate budget items at the request and discretion
of the district management corporation. The phases are as follows:
|
Phase One - Schedule A
|
|---|
|
South Orange Avenue from Dover Street to Bergen Street
|
|
Sanford Avenue from the Irvington Border to East Orange border
|
|
18th Avenue from Sanford Avenue to Myrtle Street
|
|
Mt. Vernon Place from Eder Terrace to Sanford Avenue
|
|
Phase Two - Schedule B (will consist of all or part, which may
be added in whole or in parts)
|
|---|
|
West Market Street from East Orange border to Bergen Street
|
|
Central Avenue from East Orange border (15th Street) to 3rd
Street
|
|
Orange Street from East Orange border to 3rd Street
|
|
Roseville Avenue from West Market Street to 3rd. Avenue (into
Central Ward)
|
|
Bergen Street from West Market Street to South Orange Avenue
|
|
Park Avenue from East Orange border to 3rd. Street
|
d.
The District is comprised of all zoned commercial and industrial
properties and applicable commercial vacant land as described by lot
and block numbers in Schedules A and B as follows: All commercial
properties (zoned 4A, 4B, 4C, and commercial 1) as a Ward-wide Special
Improvement District. Non-conforming properties, which are not used
as commercial properties, and vacant land that is non-commercial shall
be excluded. Residential properties of four units or less are considered
residential. Residential properties in the commercial areas are in
the District, but are excluded from the District assessment.
[Ord. No. 6PSF-A, 12-21-2016]
a.
All costs of improvements and maintenance, other than the costs of
improvements and maintenance ordinarily incurred by the City of Newark
out of general funds, shall be determined and approved pursuant to
N.J.S.A. 40:56-80 or N.J.S.A. 40:56-85 as determined by the District
Management Corporation. The formula for the assessment is as follows:
each property's current assessed value, as determined by City of Newark
Tax Assessor for real estate tax purposes, will be multiplied by the
appropriate factored amount to sustain the approved annual budget
to determine the amount of the Special Improvement District assessment
based on ad valorem property tax values. The foregoing assessment
shall be collected as a special assessment against the properties
that are within the district as defined in Schedules A and B.
[Ord. No. 6PSF-A, 12-21-2016; amended 1-8-2020 by Ord. No. 6PSF-B, 01-08-2020]
a.
The nonprofit Corporation created pursuant to N.J.S.A. 15A:1-1, known
as Partnership West, Inc: A Business Improvement District Management
Corporation a non-profit corporation of the State of New Jersey, is
hereby designated as hereby designates ("district management corporation"),
as the District Management Corporation for the District.
b.
The District Management Corporation, in addition to acting as an
advisory board to the Governing Body, shall also have all powers necessary
and requisite to effectuate the purposes of this Section, as specified
in N.J.S.A. 40-56-1965 et seq., including but not limited to:
1.
Adoption of by-laws for the regulation of its affairs and the conduct
of its business and prescribe rules, regulations and policies for
the performance of its functions and duties;
2.
Employ such persons as may be required, and fix and pay their compensation
from funds available to the Corporation;
3.
Apply for, accept, administer and comply with requirements respecting
an appropriation of funds or a gift, grant or donation of property
or money;
4.
Make and execute agreements which may be necessary or convenient
to the exercise of the powers and functions of the Corporation including
contract with any person, firm, corporation, government agency or
entity;
5.
Administer and manage its own funds and accounts and pay its own
obligations;
6.
Fund the improvement of exterior appearance of properties in the
district through grants and loans;
7.
Fund rehabilitation of properties in the district;
8.
Enforce the conditions of any loan, grant, sale or lease made by
the corporation;
9.
Provide security, sanitation, and other services in the district,
supplemental to those normally supplied by the City of Newark;
10.
Undertake improvements designed to increase safety, attractiveness
of the district to businesses which may locate there or visitors to
the districts, including, but not limited to parking, litter clean-up
and control, landscaping, signage, and those improvements generally
permitted for pedestrian malls under N.J.S.A. 40:56-66 pursuant to
pertinent regulations of the Governing Body;
11.
Publicize, promote, and plan for the district and the businesses
included within the district boundaries.
12.
Recruit new businesses to fill vacancies in, and to balance
the business mix of, the district;
13.
Organize special events in the district;
14.
Provide special parking arrangements for the district;
15.
Design and enforce environmental and building design criteria;
16.
Regulate vending;
17.
Provide temporary decorative lighting in the district; and,
18.
Effectuate the purposes and intents of N.J.S.A. 40:56-66 as
amended.
c.
The District Management Corporation will not discriminate against
any employee or applicant for employment because of age, race, creed,
color, national origin, ancestry, marital status, or sex.
d.
By ordinance the City of Newark may delegate to the District Management
Corporation the contracting of work to be done on any street, or on
other municipal property, included in the Special Improvement District.
In that event, the Corporation shall be a "contracting unit" within
the "Local Public Contracts Law" P.L. 1971, c.198 (N.J.S.A. 40A:11-1
et seq.). The plans and specifications shall be approved by the Municipal
Engineer prior to initiation of any action for the award of a contract
under the act.
e.
The District Management Corporation shall have the following minimum
representation to its Board of Directors:
1.
Each of the five neighborhoods (Roseville, West Side Park, Fairmount,
Vailsburg, and Ivy Hill) will get two seats.
2.
South Orange Avenue will have three seats.
3.
One representative each from Unified Vailsburg Service Organization
(UVSO) and WestCorp, The Urban League, and Invest Newark [IN].
4.
One member of the Governing Body from the City of Newark pursuant
to N.J.S.A.56-68(b)(4).
f.
The Management Corporation shall utilize affirmative action goals
and guidelines in its hiring and expenditures whenever possible. Pursuant
to N.J.A.C. 17:27-5.2, the Management Corporation will not discriminate
against any employee or applicant for employment because of age, race,
creed, color, national origin, ancestry, marital status or sex. The
Management Corporation will take affirmative action to ensure that
such applicants are recruited and employed, and that employees are
treated during employment without regard to their age, race, creed,
color, national origin, ancestry, marital status or sex.
[Ord. No. 6PSF-A, 12-21-2016]
a.
The Management Corporation shall operate on a calendar year basis,
January 1 through December 31, inclusive.
b.
Not later than December 1 of each year, the Management Corporation
shall submit a detailed business plan and budget for the upcoming
year, for approval by the City of Newark Municipal Council pursuant
to N.J.S.A. 40:56-84. The budget shall be accompanied by a report
explaining how the budget contributes to the goals and objectives
for the District.
c.
The budget shall be introduced, approved, amended and adopted by
resolution passed by not less than a majority of the full membership
of the City of Newark Municipal Council.
d.
The Management Corporation shall cause an annual audit of its books,
accounts and financial sections to be made and filed with the Governing
Body. Such audit shall be completed and delivered to the Governing
Body within four months after the close of the fiscal year. A certified
duplicate copy of the audit shall be filed with the Director of the
Division of Local Government Services in the State Department of Community
Affairs within five days of the filing with the City. The Management
Corporation shall employ a Certified Public Accountant licensed by
and practicing within the State of New Jersey to perform the required
audit.
e.
The Management Corporation shall submit an annual report to the City
of Newark Municipal Council pursuant to N.J.S.A. 40:56-80 within 30
days of the close of the fiscal year. The report shall consist of
a narrative covering the previous year's operation and detailed financial
statements.
[Ord. No. 6PSF-A, 12-21-2016]
Nothing contained herein shall prevent the City Municipal Council
at any time subsequent to the adoption of this Section, by ordinance,
from abandoning the operation of the Special Improvement District,
changing the extent of the Special Improvement District, supplementing
or amending the description of the district to be specifically assessed
or taxed for annual costs of the Special Improvement District or rescinding
the designation of or re-designating a District Management Corporation.
[Ord. No. 6PSF-A, 12-21-2016]
Notwithstanding the creation of the Special Improvement District,
the City of Newark expressly reserves and retains all its police powers
and other rights and powers related to the area within the District.
[Ord. No. 6PSF-A, 12-21-2016]
a.
The Department of Economic and Housing Development shall at least
10 days prior to the date fixed for a public hearing for this Ordinance,
a copy of the proposed ordinance and notice of the date, time and
place of the hearing shall be mailed to the owners of all the lots
and parcels of land abutting or directly affected by any proposed
Special Improvement District proposed by this Section, as the case
may be in accordance to N.J.S.A. 40:56-71.
b.
Within 10 days of the adoption of this Ordinance the City Clerk shall
forward a copy of this Ordinance to the Director of the Division of
Local Government Services in the Department of Community Affairs.
[Ord. No. 6PSG-H, 7-12-2017]
Means areas within the City of Newark designated by this
Ordinance as areas 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.
Means the "Bloomfield Avenue/Lower Broadway Alliance (BALB)"
(also referred to as District Management Corporation), an entity to
be incorporated pursuant to N.J.S.A. 15A:1-1 et seq., of designated
by this Municipal Ordinance to receive funds collected by a special
assessment within the Special Improvement District as authorized by
N.J.S.A. 40:56-65, et seq
[Ord. No. 6PSG-H, 7-12-2017]
Pursuant to N.J.S.A. 40:56-65, et seq., the Governing Body of
the City of Newark hereby determines the following:
b.
That a District Management Corporation would provide administrative
and other services to benefit the businesses, employees, residents,
and consumers in the North and Central Wards, and will also assist
the City of Newark in promoting economic growth and employment; and
c.
A special assessment shall be imposed and collected by the City of
Newark either with the regular property tax payment or payment 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 purpose of N.J.S.A. 40:56-65 et seq.; and
d.
It is in the best interests of the City of Newark and its inhabitants
to create a Business Improvement District in the North and Central
Wards and to designate a nonprofit District Management Corporation
to manage the Business Improvement District; and
e.
That the business community should be encouraged to provide self-help
and self-financing programs to meet local needs, goals and objectives
and should be encouraged to supplement any of the authorized services
and improvements through formation of a non-profit District Management
Corporation formed under N.J.S.A. 15A:1-1 et seq.
[Ord. No. 6PSG-H, 7-12-2017]
a.
There is hereby created and designated within the City of Newark
a Business Improvement District authorized pursuant to N.J.S.A. 40:56-65
et seq., to be known as the Bloomfield Avenue-Lower Broadway Business
Improvement District ("District") and is hereby established consisting
of the properties designated and listed on Schedule A, annexed hereto
by tax block and lot numbers and street addresses. The Business Improvement
District will be governed by a District Management Corporation.
b.
Schedule A of this Section may be amended by an ordinance to add
and delete particular properties which have a change in use affecting
the appropriateness of including them as part of the Business Improvement
District. Any change in the schedule of properties to be considered
part of the Business Improvement District will require an amendment
of the ordinance.
c.
Schedule A will be assessed as a separate budget item at the request
and discretion of the District Management Corporation. The Schedule
is as follows:
|
Schedule A
|
|---|
|
Bloomfield Avenue from Bloomfield Place to the Belleville border
at Belmont Avenue;
|
|
Broadway from Broad Street to Gouveneur Street;
|
|
Broad Street from Grant Street to Bloomfield Place;
|
|
Clay Street from Broadway/Broad Street to the Harrison Street
Bridge;
|
|
Clark Street from Broadway/Broad Street to the Harrison Street
Bridge
|
d.
The District is comprised of all zoned commercial and industrial
properties and applicable commercial vacant land as described by lot
and block numbers in Schedule A as follows: All commercial properties
(zoned 4A, 4B, 4C, and commercial 1) as a Ward-wide Business Improvement
District. Non-conforming properties, which are not used as commercial
properties, and vacant land that is non-commercial shall be excluded.
Residential properties of four units or less are considered residential.
Residential properties in the commercial areas are in the District,
but are excluded from the District assessment.
[Ord. No. 6PSG-H, 7-12-2017]
All costs of improvements and maintenance, other than the costs
of improvements and maintenance ordinarily incurred by the City of
Newark out of general funds, shall be determined and approved pursuant
to N.J.S.A. 40:56-80 or N.J.S.A. 40:56-85 as determined by the District
Management Corporation. The formula for the assessment is as follows:
each property's current assessed value, as determined by City of Newark
Tax Assessor for real estate tax purposes, will be multiplied by the
appropriate factored amount to sustain the approved annual budget
to determine the amount of the Business Improvement District assessment
based on ad valorem property tax values. The foregoing assessment
shall be collected as a special assessment against the properties
that are within the district as defined in Schedule A.
[Ord. No. 6PSG-H, 7-12-2017]
a.
The nonprofit Corporation created pursuant to N.J.S.A. 15A:1-1, knowns
as Bloomfield Avenue-Lower Broadway Alliance (BALB) a non-profit corporation
of the State of New Jersey, is hereby designated as the District Management
Corporation for the District.
b.
The District Management Corporation, in addition to acting as an
Advisory Board to the Governing Body, shall also have all powers necessary
and requisite to effectuate the purposes of this Section, as specified
in N.J.S.A. 40:56-65 et seq., including but not limited to:
1.
Adoption of by-laws for the regulation of its affairs and the conduct
of its business and prescribe rules, regulations and policies for
the performance of its functions and duties;
2.
Employ such persons as may be required, and fix and pay their compensation
from funds available to the Corporation;
3.
Apply for, accept, administer and comply with requirements respecting
an appropriation of funds or a gift, grant or donation of property
or money;
4.
Make and execute agreements which may be necessary or convenient
to the exercise of the powers and functions of the Corporation including
contract with any person, firm, corporation, government agency or
entity;
5.
Administer and manage its own funds and accounts and pay its own
obligations;
6.
Fund the improvement of exterior appearance of properties in the
district through grants and loans;
7.
Fund rehabilitation of properties in the district;
8.
Enforce the conditions of any loan, grant, sale or lease made by
the corporation;
9.
Provide security, sanitation, and other services in the district,
supplemental to those normally supplied by the City of Newark;
10.
Undertake improvements designed to increase safety, attractiveness
of the district to businesses which may locate there or visitors to
the districts, including, but not limited to parking, litter clean-up
and control, landscaping, signage, and those improvements generally
permitted for pedestrian malls under N.J.S.A. 40:56-66 pursuant to
pertinent regulations of the Governing Body;
11.
Publicize, promote, and plan for the district and the businesses
included within the district boundaries;
12.
Recruit new businesses to fill vacancies in, and to balance
the business mix of the district;
13.
Organize special events in the district;
14.
Provide special parking arrangements for the district;
15.
Design and enforce environmental and building design criteria;
16.
Regulate vending;
17.
Provide temporary decorative lighting in the district;
18.
Effectuate the purposes and intents of N.J.S.A. 40:56-66 as
amended.
c.
The District Management Corporation will not discriminate against
any employee or applicant for employment because of age, race, creed,
color, national origin, ancestry, marital status, or sex.
d.
By ordinance the City of Newark may delegate to the District Management
Corporation the contracting of work to be done on any street, or on
other municipal property included in the Special Improvement District.
In that event, the Corporation shall be a "contracting unit" within
the "Local Public Contracts Law" P.L. 1971, c.198 (N.J.S.A. 40A:11-1
et seq.). The plans and specifications shall be approved by the Municipal
Engineer prior to initiation of any action for the award of a contract
under the act.
e.
The District Management Corporation shall have the following minimum
representation to its Board of Directors:
|
Elected members:
|
|
2 - At large from Upper Broadway Avenue above Lake Street
|
|
2 - At large from Lower Bloomfield Avenue below Lake Street
|
|
2 - At Large from Lower Broadway between Broad Street to Gouverneur
Street
|
|
1 - At large person from the entire District
|
|
Selected members:
|
|
North Ward Councilman
|
|
Central Ward Councilperson
|
|
Mayor, City of Newark
|
|
Non-Profit or Community based Organization
|
f.
The Management Corporation shall utilize affirmative action goals
and guidelines in its hiring and expenditures whenever possible. Pursuant
to N.J.A.C. 17:27-5.2, the Management Corporation will not discriminate
against any employee or applicant for employment because of age, race,
creed, color, national origin, ancestry, marital status or sex. The
Management Corporation will take affirmative action to ensure that
such applicants are recruited and employed, and that employees are
treated during employment without regard to their age, race, creed,
color, national origin, ancestry, marital status or sex.
[Ord. No. 6PSG-H, 7-12-2017]
a.
The Management Corporation shall operate on a calendar year basis,
January 1 through December 31, inclusive.
b.
Not later than December 1 of each year, the Management Corporation
shall submit a detailed business plan and budget for the upcoming
year, for approval by the City of Newark Municipal Council pursuant
to N.J.S.A. 40:56-84. The budget shall be accompanied by a report
explaining how the budget contributes to the goals and objectives
for the District.
c.
The budget shall be introduced, approved, amended and adopted by
resolution passed by not less than a majority of the full membership
of the City of Newark Municipal Council.
d.
The Management Corporation shall cause an annual audit of its books,
accounts and financial sections to be made and filed with the Governing
Body. Such audit shall be completed and delivered to the Governing
Body within four months after the close of the fiscal year. A certified
duplicate copy of the audit shall be filed with the Director of the
Division of Local Government Services in the State Department of Community
Affairs within five days of the filing with the City. The Management
Corporation shall employ a Certified Public Accountant licensed by
and practicing within the State of New Jersey to perform the required
audit.
e.
The Management Corporation shall submit an annual report to the City
of Newark Municipal Council pursuant to N.J.S.A. 40:56-80 within 30
days of the close of the fiscal year. The report shall consist of
a narrative covering the previous year's operation and detailed financial
statements.
[Ord. No. 6PSG-H, 7-12-2017]
Nothing contained herein shall prevent the City Municipal Council
at any time subsequent to the adoption of this Section, by ordinance,
from abandoning the operation of the Special Improvement District,
changing the extent of the Special Improvement District, supplementing
or amending the description of the district to be specifically assessed
or taxed for annual costs of the Special Improvement District or rescinding
the designation of or re-designating a District Management Corporation.
[Ord. No. 6PSG-H, 7-12-2017]
Notwithstanding the creation of the Business Improvement District,
the City of Newark expressly reserves and retains all its police powers
and other rights and powers related to the area within the District.
[Ord. No. 6PSG-H, 7-12-2017; R.O. 1966 C.S.11A; Ord. 6 S+FD, 8-7-1985 Preamble; Ord. 6PSF-A(S), 1-7-2016]
a.
The Department of Economic and Housing Development shall at least
10 days prior to the date fixed for a public hearing for this Ordinance,
ensure that a copy of the proposed Ordinance and notice of the date,
time and place of the hearing are mailed to the owners of all the
lots and parcels of land abutting or directly affected by any proposed
Business Improvement District proposed by this Ordinance, as the case
may be in accordance to N.J.S.A 40:56-71.
b.
Within 10 days of the adoption of this Ordinance the City Clerk shall
forward a copy of this Ordinance to the Director of the Division of
Local Government Services in the Department of Community Affairs.
