Article XIVB: Township of Montclair Clary Anderson Arena Utility

There is hereby created under the terms of this ordinance a public utility for the purpose of managing the ongoing operation, maintenance, repair and improvement of the Clary Anderson Arena in the Township of Montclair, including any programs or procedures the Township deems advisable or necessary in connection therewith. For budgetary and accounting purposes, this utility shall be a separate entity, having its own separate account and its own separate property, whether it be real, personal, or mixed.

§ 3-50.6 Official name.

The name by which the Utility shall be known is the "Township of Montclair Clary Anderson Arena Utility," and hereinafter the "Utility."

§ 3-50.7 Functions.

It shall be the function of the Utility to: budget and account for the ongoing operation, maintenance, repair and improvement of the Clary Anderson Arena; to preserve, care for, lay out, construct, maintain, improve and operate the lands, buildings, and facilities used in connection with the Arena; to construct, reconstruct, alter, provide, renew and maintain buildings or other structures and equipment and provide for the care, custody and control thereof in the operation of the Utility; to raise money necessary to pay for the lands, rights or interest therein acquired in connection with the Arena, if any, and for improving and equipping the same; to pay or make provision for the payment of the reasonable expenses in each fiscal year of the Utility; to pay to those persons entitled thereto the interest and principal on notes and bonds of the Utility, and to deposit and accumulate reserve funds or reserves. The Utility shall also create standard operating procedures for all employees assigned to the Utility.

§ 3-50.8 Governing regulations.

The Utility shall be governed by the ordinances, the Township Code, and the resolutions adopted by the Mayor and Council and by administrative directives.

§ 3-50.9 Financial affairs.

The financial affairs of the Utility shall be governed in accordance with the statutes applying to the financial affairs of the municipality and utilities in general and shall be subject to the oversight of the Chief Financial Officer of the Township.

§ 3-50.10 Acquisition of property.

The Utility may, from time to time, acquire such real property as may be authorized by the Mayor and Council by duly adopted ordinances according to the laws of the State of New Jersey.

§ 3-50.11 Appointment of certain employees, salaries and compensation.

The supervision of the Utility shall be overseen by the Township via the Township Manager, and it is anticipated and expected that the Township, through a fair and open bid process, may appoint and contract with a third-party operator with respect to the operation and management of the Arena (the "Operator"), and in such instance, the Operator shall be responsible for the hiring and oversight of all necessary Arena employees in accordance with any applicable proposal and agreement ultimately entered into by the Township and said Operator. If applicable, portions of salaries of any existing Township employees may be pro-rated based on the amount of time spent on arena-related operations compared to the employees' full-time Township responsibilities.

§ 3-50.12 Utility charges.

The Utility shall have authority to charge and collect monies for the use of the Utility's facilities, whether they be user charges, rental fees, lease payments, concession fees/revenues and any and all other revenues or income streams contemplated under or received in connection with the operating contract ultimately entered into by the Township and any Operator, and to use these monies to defray the cost of acquisition of lands, buildings and facilities, rights and interests therein, to equip the facilities, to pay the Utility's current expenses and to pay the interest and principal on notes and bonds all in accordance with such duly adopted ordinances and/or resolutions of the Mayor and Council. The Utility shall provide monthly reports to the Mayor and Council, the Township Manager, and the Chief Financial Officer, which monthly reports shall include a statement of revenues and expenses for the month being reported. The terms of any contract entered into by the Township and any Operator shall be deemed incorporated herein by reference.