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City of North Wildwood, NJ
Cape May County
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[HISTORY: Adopted by the City Council of the City of North Wildwood 2-7-2023 by Ord. No. 1895.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 27, Enterprise Zone Development Corporation of the Wildwoods, adopted 6-5-2002 by Ord. No. 1417, as amended.
A. 
Amendments to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-1 et seq. (the "Act"), have been adopted, and the effect of one or more of those amendments is to create a joint enterprise zone located in the City of North Wildwood, the City of Wildwood, the Borough of Wildwood Crest and the Borough of West Wildwood.
B. 
Pursuant to said 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.
C. 
The joint designation of the City of North Wildwood, the City of Wildwood, Borough of Wildwood Crest and Borough of West Wildwood requires the creation of a nonprofit zone development corporation by all four municipalities in order to implement the Joint Urban Enterprise Zone.
The City of Wildwood is hereby authorized to act as an incorporator with the City of North Wildwood, Borough of Wildwood Crest and Borough of West Wildwood to create a nonprofit corporation to be known as the "Enterprise Zone Development Corporation of the Wildwoods," and the Mayor and City Clerk of the City of Wildwood are hereby authorized to execute a certificate of incorporation containing provisions authorized by and consistent with this section. The Clerk of the City of Wildwood is further authorized to jointly file with the Clerks of the City of North Wildwood, Borough of Wildwood Crest and Borough of West Wildwood the certificate of incorporation authorized by this section after execution by the appropriate officials of all four municipalities.
The purposes to be included in the certificate of incorporation pursuant to N.J.S.A. 15A:1-1 et seq., the New Jersey Nonprofit Corporation Act, shall include the following:
A. 
To formulate and propose a preliminary zone development plan to the governing bodies of the Cities of North Wildwood and Wildwood and the Boroughs of Wildwood Crest and West Wildwood, setting forth the boundaries of the proposed enterprise zone in all four 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. 
To utilize the powers conferred by the New Jersey Urban Enterprise Zones Act for the purpose of stimulating investment in, and economic development of, the proposed joint enterprise zone.
C. 
To utilize state assistance through the provisions of the New Jersey Urban Enterprise Zones 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 all four municipalities, so that they each 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 four municipalities or by other entities.
G. 
To take such additional action, not inconsistent with the New Jersey Urban Enterprise Zones 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.
The Board of Directors shall consist of eight members, as follows:
A. 
One member of the local government from each of the municipalities of Wildwood, North Wildwood, Wildwood Crest and West Wildwood, each of whom shall serve as Chairman of the Board of Directors for one year and whose term on the Board of Directors shall run concurrent with his or her term as an elected official. The local government member from each municipality, at the option of each municipality and as evidenced by a resolution of the governing body of the municipality, shall be either the Mayor or member of the governing body of the municipality as chosen by the affirmative vote of all of the members of the governing body of the municipality.
B. 
The City Administrator, Business Administrator, City Manager and/or administrative designee of each municipality shall also serve on the Board of Directors for a period of one year, renewed annually at reorganization by the affirmative vote of all of the members of the governing body of the municipality.
The Board of Directors shall have authority to dissolve the corporation upon the revocation of the UEZ designation or upon the approval of all members of the Board of Directors. Dissolution of the corporation shall be in accordance with N.J.S.A. 15A:12-1 et seq.
The Directors of the corporation shall develop bylaws for the corporation, which shall include an executive officer to be known as the "enterprise zone coordinator." The Board shall develop qualifications for the zone coordinator, and shall thereafter appoint a coordinator who meets said qualifications for a term not to exceed four years. The Board may thereafter reappoint the same individual as zone coordinator for successive terms, provided that no term shall exceed four years. The Board shall also hire such administrative personnel as may be necessary for the efficient operation of the Enterprise Zone Corporation. Upon the affirmative vote of 2/3 of the Board of Directors of the corporation, the Board may engage the services of such professional persons as may be necessary for the efficient operation of the Enterprise Zone Corporation, but not for extraordinary purposes, as contemplated in § 27-7 below.
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 Enterprise 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 coordinator and the hiring of professional, technical and consultant personnel shall require that the project or proposal or amendment has received unanimous support by way of resolution from each municipality and a two-thirds vote of the Board of Directors of the corporation.
Each of the four participating municipalities shall be obligated to contribute annually to the Urban Enterprise Zone total budget for administration salary and wage and other expenses, with 10% of each municipality's zone assistance funds for a fiscal year being the amount contributed. Any deficits in administrative funds shall be borne by each municipality based upon the percentage contributions to the total administrative budget, and any surpluses in administrative funds shall be returned to each municipality for use as zone assistance funds based upon the percentage contributions to the total administrative budget.
Upon the termination of the corporation, the corporation's assets shall be distributed to all four municipalities on a pro rata basis in proportion to the funds generated from within each municipality and received or collected by the corporation during the corporation's existence.
A. 
The certificate of incorporation shall include the address of the corporation's initial registered office, which may be the office of the City Clerk of the City of Wildwood, and the name of the corporation's initial 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 first Board of Directors of the corporation and such additional information as may be required by the New Jersey Nonprofit Corporation Act.
The State of New Jersey has adopted legislation creating certain areas within certain cities as Urban Enterprise Zones. The State of New Jersey has adopted amending legislation which provides for a joint zone located in four municipalities which are adjacent to each other in a county of the sixth class. Cape May County is a county of the sixth class and the municipalities of Wildwood, North Wildwood, West Wildwood, and Wildwood Crest are adjacent to each other, are situated in a county of the sixth class and otherwise meet the population criteria that is in the aforementioned amending legislation. The municipalities of Wildwood, North Wildwood, West Wildwood and Wildwood Crest have been designated for Joint Enterprise Zone; and under said legislation the Urban Enterprise Zone Authority was created for the purpose of examining particular areas in cities and designating these cities as Joint Enterprise Zones. The City of Wildwood, by resolution, did seek to have certain areas designated along with the City of North Wildwood, Borough of West Wildwood, and the Borough of Wildwood Crest as a Joint Enterprise Zone, and did seek to have a zone plan approved by the Authority. Representatives of the Urban Enterprise Zone Authority did designate the areas set forth in the said municipalities of the City of Wildwood and the City of North Wildwood and the Borough of West Wildwood and the Borough of Wildwood Crest as Urban Enterprise Zones and did approve the application of said municipalities as authorized by the aforesaid resolution.
The City of Wildwood hereby accepts the designation of Urban Enterprise Zone pursuant to the joint application approved by the Urban Enterprise Zone Authority of the State of New Jersey on July 10, 2002.