[Adopted 5-6-1997 by Ord. No. 1263]
The recitation set forth in the preamble above is hereby incorporated in the ordinance.[1]
[1]
Editor's Note: The preamble read as follows:
WHEREAS, businesses and properties located in the Boardwalk area in the City of North Wildwood have petitioned the Governing Body to create a Special Improvement District pursuant to N.J.S.A. 40:56-65 et. seq.; and
WHEREAS, the Governing Body regards the Boardwalk area as an integral, vital, economic and social area within the City of North Wildwood; and
WHEREAS, the anticipated services to be provided to this Special Improvement District will only serve to enhance the safety, welfare and economic growth of the Boardwalk area, its inhabitants and the City of North Wildwood as a whole; and
WHEREAS, pursuant to N.J.S.A. 40:56-65 et seq. ("the Act") the Governing Body of the City of North Wildwood hereby determines the following:
1.  That the area within the City of North Wildwood which is described by block and lot number and by street addresses as set forth in Schedule A of this article, and the property owners, tenants and inhabitants therein will benefit from being designated as a Boardwalk Special Improvement District as will the entire City of North Wildwood with the exception of the following properties that will not be a part of the Special Improvement District:
A.  Any property owned and operated by any governmental body, whether local, state or federal.
B.  One hundred percent residential properties.
2.  A District Management Corporation would provide administrative and other services to benefit those consumers in the Boardwalk Special Improvement District and will also assist the City of North Wildwood in promoting economic growth and employment;
3.  A special assessment may be imposed and collected by the City of North Wildwood with the regular property tax payment (or payment in lieu of taxes), or otherwise, on properties located within the Boardwalk Special Improvement District, and these payments shall be transferred to the District Management Corporation to effectuate the purpose of this article and to exercise the powers given to it pursuant to this article;
4.  It is in the best interest of the City of North Wildwood and its inhabitants to create a Boardwalk Special Improvement District and to designate a District Management Corporation to administer the district; and
WHEREAS, based upon these findings and the desires of business owners, merchants and property owners in the Boardwalk area, the Governing Body hereby desires to establish the area designated in Schedule A as a Boardwalk Special Improvement District within the Boardwalk area;
This article allows the formation of a special improvement district pursuant to N.J.S.A. 40:56-65 et seq. within the Boardwalk area of the City of North Wildwood and designates Boardwalk Special Improvement District Management Corporation as the District Management Corporation to assist the governing body in effectuating the purposes and intent of that legislation and the goals and purposes of the Special Improvement District. The governing body hereby determines that the creation of the Special Improvement District will enhance the safety, welfare and economic growth of the Boardwalk area, its businesses and residents and the City of North Wildwood as a whole.
The Boardwalk Special Improvement District (North Wildwood Branch) is hereby established consisting of the properties designated and listed on Schedule A[1] annexed hereto by tax block and lot numbers and street addresses.
[1]
Editor's Note: Schedule A is included at the end of this chapter.
[Amended 11-1-2005 by Ord. No. 1482]
All costs of improvements and maintenance, other than the costs of improvements and maintenance ordinarily incurred by the City out of general funds, shall be determined and approved pursuant to N.J.S.A. 40:56-80 or N.J.S.A. 40:56-85 as recommended by the District Management Corporation and approved by the governing body of the City of North Wildwood. Thereafter, an annual assessment shall be imposed upon properties in the district and, in appropriate cases, against properties benefited by the creation and operation of the Special Improvement District. Each year, when the governing body shall have acted on the estimated costs for the ensuing year, the Municipal Assessor shall prepare an assessment roll setting forth separately the amounts to be specially assessed against the benefited and assessable properties in the Special Improvement District in proportion to the benefits. The foregoing assessment shall be collected as an annual special assessment against properties that are within the district as defined in Schedule A.[1]
[1]
Editor's Note: Schedule A is included at the end of this chapter.
A. 
The District Management Corporation shall submit an annual report to the governing body pursuant to N.J.S.A. 40:56-80 within 30 days of the close of the fiscal year. This report shall consist of a narrative covering the previous years operation and detailed financial statements.
B. 
The District Management Corporation shall submit a detailed business plan and budget for the upcoming year, no later than December 15 of the current fiscal year, for approval by resolution of the governing body, pursuant to the provisions of N.J.S.A. 40:56-84. The budget shall be submitted with a report which explains how the budget contributes to the goals and objectives for the Special Improvement District.
C. 
The fiscal year of the district and of the management corporation shall be January 1 through December 31.
[Amended 4-16-2002 by Ord. No. 1400]
D. 
The District Management Corporation shall cause an annual audit of its books, accounts and financial transactions to be made and filed with the governing body. This audit shall be completed and filed with the governing body within four months after the close of the fiscal year of the corporation. A certified duplicate copy of this audit shall be filed with the Director of the Division of Local Government Services in the State of New Jersey Department of Community Affairs within five days of the filing of the audit with the governing body.
A. 
The governing body of the City of North Wildwood hereby designates Boardwalk Special Improvement District Management Corporation, a nonprofit corporation, as the District Management Corporation for the district.
B. 
The District Management Corporation for the district shall be governed by a Board of Directors having the following members:
(1) 
One member designated from the governing body of the City of North Wildwood, selected by the North Wildwood governing body, and one member designated from the governing body of the City of Wildwood, selected by the Wildwood governing body, each to be selected on an annual basis.
(2) 
Four members selected from and by property owners and/or business operators of the retail blocks along the Boardwalk in North Wildwood, on an annual basis. Nothing contained herein shall prevent the governing body of the City of North Wildwood from changing the number of the members of the Board of Directors.
[Amended 4-16-2002 by Ord. No. 1400]
(3) 
Six members selected from and by the property owners and/or business operators of the retail blocks along the Boardwalk in Wildwood, one member selected by the individual or entity which operates the primary commercial establishment as Lot 1, Block 179.02, in the City of Wildwood, one member selected by the individual or entity which operates the primary commercial establishment at Lot 1.01/1.02, Block 248, in the City of Wildwood, one member selected by the individual or entity which operates the primary commercial establishment as Lot 1.01, Block 180, in the City of Wildwood, and one member selected from the Greater Wildwoods Tourism Improvement and Development Authority (GWTIDA) Board of Directors. The remaining members shall be selected from and by property owners and/or business operators of the retail blocks in the district defined by this article along the Boardwalk in Wildwood. All of these members shall be selected on an annual basis.
[Amended 4-16-2002 by Ord. No. 1400]
(4) 
The officers (President, Treasurer and Secretary) of the corporation shall be members of the Board of Directors and elected by a majority vote of the Board.
C. 
This District Management Corporation, in addition to acting as an advisory board to the governing body, shall have all powers necessary and requisite to effectuate its purposes, as more specifically set forth in N.J.S.A. 40:56-83, as amended from time to time, including but not limited to the following:
(1) 
Adopt bylaws for the regulation of its affairs and the conduct of its business and prescribe rules, regulations and policies for the performance of its functions and duties.
(2) 
Employ such persons as may be required, and fix and pay their compensation from funds available to the corporation.
(3) 
Apply for, accept, administer and comply with the requirements respecting an appropriation of funds or a gift, grant or donation of property or money.
(4) 
Make and execute agreements which may be necessary or convenient to the exercise of the powers and functions of the corporation, including contracts with any person, firm, corporation, governmental agency or other entity.
(5) 
Administer and manage its own funds and accounts and pay its own obligations.
(6) 
Borrow money from private lenders and from governmental entities.
[Amended 11-1-2005 by Ord. No. 1482]
(7) 
Provide security, sanitation and other services in the district, supplemental to those provided normally by the City.
(8) 
Undertake improvements designated to increase the safety or attractiveness of the district to businesses which may wish to locate there, or to the visitors to the district including but not limited to litter cleanup and control, landscaping and those improvements generally permitted for pedestrian malls under N.J.S.A. 40:56-66 pursuant to pertinent regulations of the governing body.
(9) 
Publicize the district and the businesses included within the district boundaries.
D. 
The Boardwalk Special Improvement District Management Corporation, as the district management corporation for the district defined by this article, also may serve as a district management corporation designated by the City of Wildwood for its Boardwalk Special Improvement District which, if such designation is made by the City of Wildwood, will give this corporation the power and authority to operate both districts as one. Under all circumstances, the Boardwalk Special Improvement District Management Corporation shall comply with the provisions of N.J.S.A. 40:56-84 and 40:56-88, and any amendments thereto.
[Amended 4-16-2002 by Ord. No. 1400[1]]
[1]
Editor's Note: This ordinance also repealed former § 270-17E of the 1981 Code, regarding the selection of a new district management corporation, which immediately followed this subsection.
Notwithstanding the creation of the Special Improvement District, the City of North Wildwood expressly retains all its powers and authority over the area designated as within the Boardwalk Special Improvement District.
[Amended 11-1-2005 by Ord. No. 1482]
This article obligates the Boardwalk Special Improvement District to satisfy all debts, loans and financial liabilities incurred by the corporation.