There is hereby created a district management
corporation which shall be known as the "Montclair Center Corporation"
(the Corporation), which shall exercise the following powers:
A. Adopt bylaws for the regulation of its affairs and
the conduct of its business, and prescribe rules, regulations, and
policies in connection with the performance of its functions and duties;
B. Employ such persons as may be required, and fix and
pay their compensation from funds available to the Corporation;
C. Apply for, accept, administer, and comply with the
requirements respecting an appropriation of funds or a gift, grant,
or donation of property or money;
D. Make and execute agreements which may be necessary
or convenient to the exercise of powers and functions of the corporation,
including contracts with any person, firm, corporation, governmental
agency or other entity;
E. Administer and manage its own funds and accounts and
pay its obligations;
F. Borrow money from private or institutional lenders
for periods not to exceed 180 days and from governmental entities
for that or longer periods;
G. Fund the improvement and/or rehabilitation of the
exterior appearance of properties in the district through grants or
loans;
H. Accept, purchase, rehabilitate, sell, lease, or manage
property in the district;
I. Enforce the conditions of any loan, grant, sale, or
lease made by the Corporation;
J. Provide security, sanitation, and other services to
the district supplemental to those provided normally by the municipal
government;
K. 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, and those improvements
generally permitted for pedestrian malls under N.J.S.A. 40:56-66 pursuant
to pertinent regulations of the Township Council;
L. Publicize the district and businesses included within
the district boundaries;
M. Recruit new businesses to fill vacancies in, and to
balance the business mix of, the district;
N. Organize special events in the district;
O. Provide special parking arrangements for the district
subject to prior Township Council approval; and
P. Provide temporary decorative lighting in the district.
Upon resolution of the district management corporation,
there shall be an Advisory Board of no more than 25 members. The term
of office and manner of appointment shall be provided for in the bylaws
of the Corporation.
The Advisory Board shall assist the Board of
Directors of the district management corporation by providing advice
to the Board of Directors in development of the annual program, plan
and budget for the Corporation, and shall provide ongoing advice and
counsel to the Board of Directors as requested by the Board of Directors.
The services already provided to the district
through the general revenues of the Township of Montclair may continue
to be provided through such general revenues and not be transferred
to the budget of the Corporation or may, in whole or in part, be provided
by the district management corporation; these services are to be detailed
in the plan of coordination which shall be developed by the Board
of the district management corporation in consultation with the Township
Council and approved annually by the Board of Directors and the Township
Council and which shall specify how these services are to be provided,
and how the cost thereof shall be allocated.
The Corporation shall cause an annual audit
of its books, accounts and financial transactions to be made and filed
with the Township Council of the Township of Montclair, and for that
purpose, the Corporation shall employ a certified public accountant
of the State of New Jersey. The annual audit shall be completed and
filed with the governing body within four months after the close of
the fiscal year of the corporation.
The Corporation shall, within 30 days after
the close of the fiscal year, make an annual report of its activities
for the preceding fiscal year to the Township Council.
[Amended 12-28-2006 by Ord. No. 06-77; 11-14-2011 by Ord. No.
0-11-068; 2-21-2017 by Ord. No. O-17-006]
The district and the Corporation shall continue in existence
from year to year, unless an ordinance is passed by the Township Council
terminating either the Montclair Center Corporation (MCC) or the Special
Improvement District (SID), or both. Upon such termination, or earlier
dissolution, the Township of Montclair shall acquire title to the
assets and assume the liabilities of the Corporation.
Notwithstanding the creation of a special improvement
district authorized hereby, the Township of Montclair expressly retains
all its powers, responsibility and authority over the area designated
herein and any delegation thereof must be expressly approved by the
Township Council in an authorized writing.
All ordinances or sections in conflict or inconsistent
with any part of this article are hereby repealed to the extent that
they are in conflict or are inconsistent with the provisions hereof.
In the event that any section, part, or provision
of this article is found to be unconstitutional or invalid by any
court, such holding shall not affect the validity of this article
as a whole, or any part thereof, other than the part so held unconstitutional
or invalid.
This article shall take effect after passage
and publication as soon as and in the manner permitted by law.