[Ord. No. 2004-26]
A.
Any other provision of law to the contrary notwithstanding, the Borough
or any of its purchasing agents or agencies or those of its independent
authorities, as the case may be, shall not enter into an agreement
or otherwise contract with any private party for the planning, replanning,
construction or undertaking of any project or redevelopment work,
including the acquisition or leasing of any public property in conjunction
with the redevelopment of any area within the Borough of Hightstown
pursuant to the Act (hereinafter "redevelopment work"), if that redeveloper
has solicited or made any contribution of money or pledge of a contribution,
including in-kind contributions, during the applicable time period
as specified below, to a campaign committee of any Hightstown Borough
candidate or holder of public office within the Borough of Hightstown
having responsibility for the awarding of such contracts or to any
Hightstown Borough political campaign committee, or to any Borough
of Hightstown or Mercer County Party Committee, or to any political
action committee (PAC) that is organized for the primary purpose of
promoting or supporting Borough of Hightstown municipal candidates
or municipal officeholders. For purposes of this article, the "applicable
time period" shall be defined as the time period between the date
that the property which is the subject of the redevelopment project
has been declared by the governing body to be an area in need of redevelopment
pursuant to and in accordance with the New Jersey Local Redevelopment
and Housing Law, N.J.S.A. 40A:12A-1 et seq., and the date of awarding
the contract, or the 12 months prior to awarding the contract, whichever
is shorter.
B.
No redeveloper who enters into negotiations for or agrees to any
contract or agreement with the Borough or any department or agency
thereof or of its independent authorities for the rendition of redevelopment
work shall knowingly solicit or make any contribution of money or
pledge of a contribution including in-kind contributions, to any Hightstown
Borough candidate or holder of public office within the Borough having
responsibility for the award of the contract or to any Hightstown
Borough political campaign committee, or to any Borough of Hightstown
or Mercer County Party Committee, or to any political action committee
(PAC) that is organized for the primary purpose of promoting or supporting
Borough of Hightstown municipal candidates or municipal officeholders,
between the time of first communication between that redeveloper and
the Borough regarding a specific agreement for redevelopment work
and the later of the termination of negotiations or the completion
of all matters specified in the contract or agreement.
C.
For purposes of this article, a "redeveloper" means an individual,
including the individual's spouse, if any, and any child living at
home, a person, firm, corporation, professional corporation, partnership,
organization, or association seeking or obtaining redevelopment work
as defined above. The definition of a redeveloper includes all principals
who own 1% or more of the equity in the corporation or business trust,
partners, and officers in the aggregate employed by the provider as
well as any subsidiaries directly controlled by the redeveloper.
D.
For the purposes of this article, the office that is considered to
have responsibility for the award of the contract under the Act shall
be:
(1)
The Hightstown Borough Council if the contract requires approval
or appropriation from the Council or a public officer who is responsible
for the award of a contract if that public officer is appointed by
Council; or
(2)
The Mayor of Hightstown Borough if the contract requires the approval
of the Mayor or a public officer who is responsible for the award
of contract if that public officer is appointed by the Mayor; or
(3)
Both of the above.
[Ord. No. 2004-26]
No contribution of money or any other thing of value, including
in-kind contributions, made by a redeveloper to any Hightstown Borough
candidate for Mayor or Borough Council or Hightstown Borough political
campaign committee shall be deemed a violation of this article nor
shall an agreement for property, goods or services of any kind whatsoever
be disqualified thereby if that contribution or agreement was made
by the redeveloper prior to the effective date of this article.
[Ord. No. 2004-26]
A.
Prior to awarding any contract or agreement with any redeveloper, the Borough or any of its purchasing agents or agencies or independent authorities, as the case may be, shall receive a sworn statement from the redeveloper that the redeveloper has not made any contribution in violation of § 2-60-1 above.
B.
The redeveloper shall have a continuing duty to report any violations
of this article that may occur during the negotiation or duration
of a contract. The certification required under this section shall
be made prior to entry into the contract or agreement with the Borough
and shall be in addition to any other certifications that may be required
by any other provision of law.
[Ord. No. 2004-26]
A.
All redevelopment contracts, leases or other undertaking(s) shall provide that it shall be a breach of the terms of such agreements to violate § 2-60-1B above, or to knowingly conceal or misrepresent contributions given or received or to make or solicit contributions through any intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
B.
Any redeveloper, as defined in § 2-60-1C above, who knowingly fails to reveal a contribution made in violation of this article or who knowingly makes or solicits contributions through any intermediaries for the purpose of concealing or misrepresenting the source of the contribution shall be disqualified from eligibility for future redevelopment contracts for a period of four calendar years from the date of the violation.
