A.
The Urban Enterprise Zone Authority of the State of
New Jersey has designated the City of Vineland and the City of Millville
as a Joint Urban Enterprise Zone pursuant to the provisions of the
New Jersey Urban Enterprise Zone Act, as amended, and, pursuant to
this Act, the governing body of a qualifying municipality must create
a nonprofit corporation to formulate and propose a preliminary zone
development plan and to thereafter coordinate and administer the activities
of the municipality, zone businesses and community organizations within
the designated enterprise zone.
B.
The joint designation of the City of Vineland and
the City of Millville requires the creation of a Nonprofit Zone Development
Corporation by both municipalities in order to implement the Joint
Urban Enterprise Zone.
[Amended 9-19-2000 by Ord. No. 39-2000]
The City of Millville is hereby authorized to
act as an incorporator with the City of Vineland to create a nonprofit
corporation to be known as the "Enterprise Zone Development Corporation
of Vineland and Millville." The Mayor and the Clerk of the City of
Millville are hereby authorized to execute a Certificate of Incorporation
containing provisions authorized by and consistent with this ordinance.
The Clerk of the City of Millville is further authorized to jointly
file with the Clerk of the City of Vineland the Certificate of Incorporation
authorized by this section after execution by the Mayor and Clerk
of both municipalities.
A.
The Certificate of Incorporation shall include the
address of the corporation's registered office and the name of the
corporation's registered agent at that address as required by the
New Jersey Nonprofit Corporation Act. Thereafter, the Board of Directors
may change the corporation's registered office and the corporation's
registered agent consistent with the provisions of N.J.S.A. 15A:1-1
et seq.
B.
The Certificate of Incorporation shall also contain
the names and addresses of the Board of Directors of the corporation
and such additional information as may be required by the New Jersey
Nonprofit Corporation Act.
The purposes to be included in the Certificate
of Incorporation pursuant to N.J.S.A. 15A-1 et seq. shall include
the following:
A.
To formulate and propose a Preliminary Zone Development
Plan to the governing bodies of the Cities of Vineland and Millville,
setting forth the boundaries of the proposed enterprise zone in both
municipalities, setting forth findings of fact concerning the economic
and social conditions existing in the area proposed in the Joint Enterprise
Zone, and setting forth each municipality's policy and intentions
for addressing the conditions in said Joint Enterprise Zone;
B.
The powers of the corporation shall be consistent
with the conferred authority of the New Jersey Nonprofit Corporation
Act, as set forth under N.J.S.A 15A:3-1 et seq.;
[Amended 9-19-2000 by Ord. No. 39-2000]
C.
To utilize state assistance through the provisions
of the New Jersey Urban Enterprise Zone Act relating to exemptions
from, and credits against, state taxes;
D.
To secure the involvement in, and commitment to, zone
economic development by private entities, including zone neighborhood
associations, voluntary community organizations supported by residents
and businesses in said Joint Enterprise Zone;
E.
To make recommendations for the revision of municipal
planning and zoning ordinances and other land use regulations as they
pertain to the Joint Enterprise Zone for both municipalities, so that
the cities of Vineland and Millville may use the powers conferred
by law to enhance the attractions of the Joint Enterprise Zone to
prospective developers;
F.
To increase the availability and efficiency of support
services, public and private, generally used by and necessary to the
efficient functioning of commercial and industrial facilities in the
area, to the extent to which the increase or improvement is to be
provided and financed by the cities of Vineland and Millville or by
other entities;
G.
To take such additional action, not inconsistent with
the New Jersey Urban Enterprise Zone Act, as the Board of Directors
of the Enterprise Zone Development Corporation deems necessary for
the development, administration and coordination of activities in
the Joint Enterprise Zone for the benefit of zone businesses and community
organizations within said Joint Enterprise Zone, for the ultimate
purpose of the economic betterment of the residents of said zone and
the participating municipalities.
[Amended 9-19-2000 by Ord. No. 39-2000]
The Beard of Directors of the Zone Development
Corporation shall consist of nine members, as follows:
A.
The Mayor of the City of Vineland who shall serve
as Chairman of the Board of Directors in alternating years.
B.
The Mayor of the City of Millville who shall alternate
as Chairman of the Board with the Mayor of Vineland.
C.
Three members of the business community, two of whom
shall be members of the business community of the City of Vineland
and one of whom shall be a member of the business community of the
City of Millville. Each shall be appointed by the Mayors of the respective
municipality. Each member so appointed shall serve for a term of three
years; provided, however, that the initial terms of such members shall
be staggered with one Vineland member serving an initial term of one
year and one Vineland member serving an initial term of three years.
The member appointed from the City of Millville shall serve an initial
term of two years.
D.
One member from the governing body of the City of
Vineland and one member from the governing body of the City of Millville,
each of whom shall serve for a term concurrent with his term of office.
The Millville members shall be appointed by the Mayor.
E.
Two members to be selected from among community organizations
in Vineland and Millville, one member to be appointed by the Mayor
of the City of Vineland and one member to be appointed by the Mayor
of the City of Millville. Each member shall serve a term of three
years, provided that the initial term of the Millville appointment
shall be for a term of one year, and the initial term of the Vineland
appointment shall be for a term of two years.
The duration of the Corporation shall be for
a period of 20 years, provided that the Board of Directors shall have
the authority to amend the Certificate of Incorporation to increase
the duration of the Corporation in the event of an amendment to the
New Jersey Urban Enterprise Zone Act which permits the Joint Urban
Enterprise Zone to exist for a period of more than 20 years.
The Directors of the Corporation shall develop
bylaws for the Corporation, which shall include an executive officer
to be known as the Enterprise Zone Administrator. The Board shall
develop qualifications for the Zone Administrator, and shall thereafter
appoint an Administrator who meets these qualifications for a term
not to exceed four years. The Board may thereafter reappoint the same
individual as Zone Administrator for successive terms, provided that
no term shall exceed four years. The Board shall also hire such other
persons, including professional persons, as may be necessary for the
efficient operation of the Enterprise Zone Corporation.
All ordinary business conducted by the Enterprise
Zone Development Corporation shall be approved by a simple majority
of those Board members who are present at any regular or special meeting
of the Board of Directors. However, amendments to the Zone Development
Corporation's bylaws, modification of zone boundaries, proposals for
projects to receive money from the Zone Assistance Fund, the hiring
of an Enterprise Zone Administrator and the hiring of professional,
technical and consultant personnel shall require the affirmative vote
of 2/3 of the entire Board of Directors.
Consistent with the provisions of the New Jersey
Urban Enterprise Zone Act, Vineland and Millville shall have access
to funds collected and deposited in the Zone Assistance Fund. Funds
which are generated within the City of Vineland shall be available
to Vineland, and funds generated within the City of Millville shall
be available to Millville; provided, however, that such funds shall
first be used for the payment of expenses approved by the Board of
Directors of the Corporation before any such funds are paid to either
City; provided further, that such funds shall be available to pay
for extraordinary projects having a regional impact when a project
is supported by resolutions of endorsement from both cities and receives
an affirmative vote of 2/3 of the Board of Directors of the Corporation.
The Corporation shall reimburse to each municipality
all start-up moneys paid by Vineland and Millville from funds collected
or received by the Corporation as soon as such funds are reasonably
available. Once the Corporation has been created and organized, and
initial funds provided by each municipality, neither Vineland nor
Millville shall be compelled to contribute additional municipal funds
to the Corporation.
Upon the termination of the Corporation, the
Corporation's assets shall be distributed to the Cities of Vineland
and Millville on a pro-rata basis, in proportion to the funds generated
from within each City and received or collected by the Corporation
during the Corporation's existence.
[Amended 9-19-2000 by Ord. No. 39-2000]
The Board of Directors of the corporation is
authorized to apply to the federal government for tax exempt status
under Section 501c(3) of the Internal Revenue code or the corresponding
section of any future Federal Tax Code. Consistent with the requirements
contained therein the following provisions apply:
A.
No part of the net earnings of the corporation shall
inure to the benefit of or be distributed to its members, trustees,
officers, or other private persons, except that the corporation shall
be authorized and empowered to pay reasonable compensation for services
rendered and to make payments and distributions in furtherance of
the purposes set forth in the purpose clause hereof. No substantial
part of the activities of the corporation shall be the carrying on
of propaganda, or otherwise attempting to influence legislation, and
the corporation shall not participate in or intervene in (including
the publishing or distribution of statements) political campaigns
on behalf of any candidate for public office. Furthermore, the corporation
shall not carry on any other activities not permitted to be carried
on by a corporation exempt from federal income tax under Section 501c(3)
of the Internal Revenue Code, or corresponding section of any future
Federal Tax Code or by a corporation, contributions to which are deductible
under Section 170c(2) of the Internal Revenue Code, or corresponding
section of any future Federal Tax Code.
B.
Upon the dissolution of the corporation, assets shall
be distributed for one or more exempt purposes within the meaning
of Section 501c(3) of the Internal Revenue Code, or corresponding
section of any future Federal Tax Code, or shall be distributed to
the federal government, or to a state or local government for public
purposes. Any such assets not disposed of shall be disposed of by
a court of competent jurisdiction located within the county in which
the principal office of the corporation is then located, exclusively
for such purposes or to such organizations as said court shall determine
which are organized or operated for such purposes.[1]
