[HISTORY: Adopted by the Municipal Council
of the City of Clifton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-15-1998 by Ord. No. 5999-98]
The purposes of this article are to:
A.
Foster the District's economic development, encourage
the District's revitalization and strengthen the District's economic
and commercial contributions to residents and property owners of the
City of Clifton (also referred to as the "City").
B.
Allow all those who live, work or invest in the District
to contribute to the improvement of the District.
C.
Foster the building of a nonpartisan private/public
partnership to implement the improvement of the Main/Clifton Avenue
Commercial District.
D.
Foster and create self-help programs to improve the
local business climate.
As used in this article, the following terms
shall have the meanings indicated:
The successor organization to the Main Avenue Steering Committee,
an entity incorporated pursuant to Title 15A of the New Jersey Statutes
and designated by this article to receive funds collected by a special
improvement assessment within the special improvement district, as
authorized by this article and any amendatory supplementary ordinances.
That area within the City of Clifton described by block and
lot numbers and street addresses as set forth in Schedule A[1] and designated by this article as an area in which a special
assessment on property within the District shall be imposed for the
purpose of promoting the economic and general welfare of the District
and the City.
[1]
Editor's Note: Schedule A is on file in the
City offices.
The Mayor and Municipal Council find and declare
that:
A.
The Main/Clifton Avenue Commercial District of the
City of Clifton has special needs and requires special services that
can best be achieved through a private/public partnership implemented
by a special improvement district (SID) and the Downtown Clifton Economic
Development Corporation (DCEDC).
B.
The creation of a special improvement district and
designation of the Downtown Clifton Economic Development Corporation
will promote economic growth and implement, foster and encourage commercial
development business vitality, expansion and self-help, and improve
the business climate and otherwise be in the best interest of the
property owners in the District and in the City.
D.
The Downtown Clifton Economic Development Corporation
will provide the administrative, programming and other services to
benefit the businesses, employees, residents and consumers in the
special improvement district and the Downtown Clifton Economic Development
Corporation would assist the City in promoting economic growth, employment
and development.
E.
A special assessment shall be imposed and collected
by the City with the regular property tax payment or payment in lieu
of taxes or otherwise, and all of these payments shall be transferred
to the Downtown Clifton Economic Development Corporation to effectuate
the purposes of this article and any amendatory and supplementary
statutes and to exercise the powers given to it by this article.
F.
It is in the best interests of the City and the public
to create a Special Improvement District and to designate the Downtown
Clifton Economic Development Corporation; except that the Downtown
Clifton Economic Development Corporation shall not be designated to
receive any funds or to exercise any powers pursuant to the provisions
of N.J.S.A. 40:56-65 et seq., and any amendatory or supplementary
statutes, unless the board of directors of that corporation shall
include at least one member of the Municipal Council of the City of
Clifton and the City Manager or his designee.
A.
There is hereby created and designated within the
City of Clifton a special improvement district to be known as the
"Main/Clifton Special Improvement District," consisting of the properties
designated and listed by tax lot and block number and street addresses
on Schedule A attached hereto.[1] The special improvement district shall be subject to special
assessments on all affected property within the District, which assessment
shall be imposed by the City for the purposes of promoting the economic
and general welfare of the District and the City.
[1]
Editor's Note: Schedule A is on file in the
City offices.
B.
All properties within the special improvement district are deemed included in the assessing provisions of this article and are expressly subject to potential tax or assessment made for special improvement district purposes, subject to the provisions of Subsection C.
C.
Those properties within the special improvement district
that are tax-exempt, used for solely residential purposes, or exclusively
for manufacturing or industrial purposes, are deemed excluded from
the assessing or taxing provisions of this article and are expressly
exempt from any assessment made for special improvement district purposes.
In the event a property has a mixed use, only that portion used for
residential, manufacturing or industrial purposes is excluded.
A.
It is hereby determined that the operation and maintenance of the District may involve annual costs relating to services peculiar to the District that are distinguished from operation and maintenance services normally provided by the City outside the District. Those annual costs shall be assessed or taxed to the benefited properties or businesses pursuant to this article and N.J.S.A. 40:56-65 et seq. The properties to be assessed or taxed to provide for the payment of such annual costs are described in § 393-4 hereof.
B.
Each year, when the Mayor and Municipal Council shall
have acted on the estimated costs and/or on the budget of the District,
the Tax Assessor shall prepare an assessment roll setting forth separately
the amounts to be specially assessed against the benefited and assessable
properties in the District. Descriptions of such properties and the
name of the then-current owners of such properties, so far as names
are available, shall be included in each annual assessment roll. The
assessment roll, when so prepared, shall be filed in the Office of
the City Clerk and be there available for inspection. The Mayor and
Municipal Council shall annually meet to consider objections to the
amounts of such special assessments at least 10 days after a notice
of hearing has been published once in the official newspaper and mailed
to the named owners of all tracts, parcels and lots of property to
be assessed. The notice shall set forth the time and place of the
meeting, and set forth the purpose of such meeting, but may refer
to the assessment roll for further particulars. When the Mayor and
Municipal Council shall have approved the amounts of the special assessments
set forth therein, or as may be changed by it, the City Clerk shall
forthwith certify a copy of the assessment roll with supplements to
the roll to the Passaic County Board of Taxation.
A.
The nonprofit corporation, the Downtown Clifton Economic
Development Corporation, an entity incorporated pursuant to N.J.S.A.
15A:1-1 et seq., is hereby designated as the Downtown Clifton Economic
Development Corporation for the District and designated by this article
to receive funds collected by a special improvement assessment within
the special improvement district. This management corporation, in
addition to acting as an advisory board to the Mayor and Municipal
Council, shall have all powers necessary and requisite to effectuate
the purpose of this article and the District, including, but not limited
to:
(1)
Adopt bylaws for the regulation of its affairs and
conduct of its business and to prescribe rules, regulations and policies
in connection with the performance of its function and duties;
(2)
Employ such persons as may be required, and to fix
and pay their compensation from funds available to the Downtown Clifton
Economic Development 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 obligations;
(6)
Borrow money from private lenders for periods not
to exceed 180 days and from governmental entities for that or longer
periods, subject to the approval of Mayor and Municipal Council by
resolution;
(7)
Fund the improvement for the exterior appearance of
properties in the District through grants or loans;
(8)
Fund the rehabilitation of properties in the District;
(9)
Accept, purchase, rehabilitate, sell, lease or manage
property in the District;
(10)
Enforce the conditions of any loan, grant, sale or
lease made by the Downtown Clifton Economic Development Corporation;
(11)
Provide security, sanitation and other services to
the District, supplemental to those provided normally by the municipality;
(12)
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, pursuant to pertinent
regulations of the City;
(13)
Publicize the District and the businesses included
within the District boundaries;
(14)
Recruit new businesses to fill vacancies in, and to
balance the business mix of, the District;
(15)
Advise the Mayor and Municipal Council in connection
with the acquisition and construction of improvements and the operation
and maintenance thereof in the special improvement district, and making
of a plan therefor and the recommendations, comments or requests of
members of the public and of owners and occupants of property included
within the special improvement district;
(16)
Provide special parking arrangements for the District;
(17)
Provide temporary decorative lighting in the District;
(18)
Organize special events in the District;
(19)
Review all applications, plans, specifications, etc.
for the proposed construction or alteration of any and all exterior
improvements to buildings and facades within the special improvement
district for the purpose of providing advice and recommendations to
those wishing to improve their properties consistent with the recommendations
found within the Master Plan for the Improvement of Main Avenue and
any subsequent design suggestions based on the principles found within
the Master Plan. Recommendations produced under this section will
be forwarded to the appropriate approving authority, namely the City's
Construction Code Officer, Planning Board or the Board of Adjustment;
(20)
Determine the distribution and location of movable
furniture, sculpture or pedestrian traffic control devices, landscaping
and other facilities not otherwise located or fixed by the plans and
specifications.
B.
In order to receive any funds or exercise any of the
powers granted herein, the Board of Trustees of the Corporation shall
include at least one representative of the Municipal Council and the
City Manager or his designee.
A.
Notwithstanding the creation of a special improvement
district, the City of Clifton expressly retains all its powers and
authority over the area designated as within the special improvement
district.
B.
Nothing contained herein shall be interpreted or construed
to be a vacation, in whole or in part, of any municipal street or
part thereof.
C.
The Downtown Clifton Economic Development Corporation
shall not make or enter into any contracts for the improvement of
any publicly owned or operated facility or property within the special
improvement district, nor adopt any regulation relating to public
property in such District, unless the Mayor and Municipal Council
of the City of Clifton delegates to the Downtown Clifton Economic
Development Corporation, by ordinance, the contracting of work to
be done on any street or streets or on any other municipal property
within the special improvement district, provided the Downtown Clifton
Economic Development Corporation, as the contracting unit, complies
with the New Jersey Local Public Contracts Law, Public Law 1971, Chapter
198 (N.J.S.A. 40A:11-1 et seq.) and provided the plans and specifications
for the work contracted shall be approved by the municipal engineer
and the Mayor and Municipal Council, by resolution, prior to initiation
of any action for the awarding of a contract under the Local Public
Contracts Law.
D.
The Downtown Clifton Economic Development Corporation
shall comply with all applicable ordinances or regulations of the
City of Clifton.
A.
The fiscal year of the District shall be the same
as that of the City.
B.
The Downtown Clifton Economic Development Corporation
shall submit a detailed annual budget for the upcoming fiscal year
by no later than December 31 for approval by resolution by the Mayor
and Municipal Council.
C.
The budget shall be submitted with a report which
explains how the budget contributes to goals and objectives for the
special improvement district. The budget shall be reasonably itemized
and shall include a summary of the categories of cost properly chargeable
as follows:
(1)
The amount of such costs to be charged against the
general funds of the City, if any.
(2)
The amount of costs to be charged and assessed against
properties benefited in the District in proportion to benefits against
properties in the District.
(3)
The amount of costs, if any, to be specially taxed
against properties in the District.
D.
The budget shall be introduced, approved, amended
and adopted by resolution passed by not less than a majority of the
full membership of the Municipal Council. The procedure shall be as
follows:
E.
The budget shall be introduced in writing at a meeting
of the Mayor and Municipal Council. Approval thereof shall constitute
a first reading, which may be by title. The Mayor and Municipal Council,
upon approval of the budget, shall fix the time and place for the
holding of a public hearing upon the budget.
F.
The budget shall be advertised after approval. The
advertisement shall contain a copy of the budget and shall set forth
the date, the time and place of the hearing. It shall be published
at least 10 days prior to the date fixed therefor in the official
newspaper of the City.
G.
No budget shall be adopted until a public hearing
has been held thereon and all persons having an interest therein shall
have been given an opportunity to present objections. The hearing
shall be held not less than 28 days after the approval of the budget.
H.
The public hearing shall be held at the time and place
specified in the advertisement thereof, but may be adjourned from
time to time until the hearing is closed.
I.
The budget, as advertised, shall be read at the public
hearing in full, or it may be read by its title, if:
(1)
At least one week prior to the date of the hearing
a complete copy of the approved budget, as advertised:
J.
After closing the hearing, the governing body may adopt the budget by title, without amendments, or may approve amendments, as provided in Subsection K, before adoption.
K.
Amendments.
(1)
The governing body may amend the budget during or
after the public hearing. No amendment by the governing body shall
be effective until the taxpayers and all persons having an interest
therein shall have been granted a public hearing thereon, if the amendment
shall:
(a)
Add a new item in an amount in excess of 1%
of the total amount stated in the approved budget; or
(b)
Increase or decrease any item by more than 10%;
or
(c)
Increase the amount to be raised pursuant to
Section 16 of Public Law 1972, Chapter 134 (N.J.S.A. 40:56-80), or
Section 19 of this amendatory and supplementary act by more than 5%,
unless the same is made pursuant to an emergency temporary appropriation
only.
(2)
Notice of hearing on an amendment shall be advertised
at least three days before the date set therefor. The amendment shall
be published in full in the same manner as an original publication
and shall be read in full at the hearing and before adoption.
L.
Final adoption shall be by resolution, adopted by
a majority of the full membership of the governing body, and may be
by title.
A.
Monies appropriated and collected for the annual costs
of operating and maintaining a special improvement district shall
be credited to a special account. The Mayor and Municipal Council
may incur the annual costs of improving, operating and maintaining
a special improvement district during a fiscal year, though not specifically
provided for by line item or other category in an approved estimate
for such fiscal year, if in its discretion it shall be deemed necessary
to provide for such annual improvements or operation or maintenance
prior to the succeeding fiscal year and so long as the total amount
of the account approved for that year is not exceeded by that expenditure.
Any balances to the credit of the account and remaining unexpended
at the end of the fiscal year shall be maintained and applied towards
the financial requirements of the succeeding year.
B.
The Mayor and Municipal Council may retain a portion
of the collected special assessment proceeds to offset the direct
costs incurred in the required assessment and budget processes.
C.
The Mayor and Municipal Council shall pay over funds
to the management corporation quarterly on the 15th day of February,
May, August and November of each year. The City shall not be obligated
to pay over funds not received by the Borough.
D.
The Downtown Clifton Economic Development Corporation
shall cause an annual audit of its books, accounts and financial transactions
to be made and filed with the Mayor and Municipal Council and for
that purpose shall employ a certified public accountant 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,
and a certified copy of the audit shall be filed with the Director
of Community Affairs within five days of the filing of the audit with
the Mayor and Municipal Council.
E.
The Downtown Clifton Economic Development Corporation
shall, within 30 days after the close of each fiscal year, make an
annual report of its activities for the preceding fiscal year to the
Mayor and Municipal Council and the City Clerk.
Nothing contained herein shall prevent the Mayor
and Municipal Council at anytime, subsequent to the adoption of this
article, by ordinance abandoning the operation of the special improvement
district, from changing the extent of the special improvement district,
supplementing or amending the description of the District to be specially
assessed or taxed for annual costs of the special improvement district,
changing or repealing any plan, rules, requisitions or limitations
adopted for the operation of the special improvement district or rescinding
the designation of or redesignating a Downtown Clifton Economic Development
Corporation.
This special improvement district shall become
operable upon the passage of this article.
[Adopted 3-1-2005 by Ord. No. 6467-05]
The purposes of this article are to:
A.
Foster the District's economic development, encourage
the District's revitalization and strengthen the District's economic
and commercial contributions to residents and property owners of the
City of Clifton (also referred to as the "City").
B.
Allow all those who live, work or invest in the District
to contribute to the improvement of the District.
C.
Foster the building of a nonpartisan private/public
partnership to implement the improvement of Clifton's Historic Botany
District.
D.
Foster and create self-help programs to improve the
local business climate.
As used in this article, the following terms
shall have the meanings indicated:
The Clifton's Historic Botany District, Inc., an entity incorporated
pursuant to Title 15A of the New Jersey statutes and designated by
this article to receive funds collected by a special improvement assessment
within the special improvement district as authorized by this article
and any amendatory supplementary ordinances.
That area within the City of Clifton described by block and
lot numbers and street addresses as set forth in Schedule A[1] and designated by this article as an area in which a special
assessment on property within the District shall be imposed for the
purpose of promoting the economic and general welfare of the District
and the City of Clifton.
[1]
Editor's Note: Schedule A is on file in the
City offices.
The Mayor and Council find and declare that:
A.
The Historic Botany District of the City of Clifton
has special needs and requires special services that can best be achieved
through a private/public partnership implemented by a special improvement
district (SID) and a district management corporation (DMC).
B.
The creation of a special improvement district and
designation of district management corporation will promote economic
growth and implement, foster and encourage commercial development,
business vitality, expansion and self-help and improve the business
climate and otherwise be in the best interest of the property owners
in the District and in the City of Clifton.
D.
A district management corporation will provide the
administrative, programming and other services to benefit the businesses,
employees, residents and consumers in the special improvement district,
and that the district management corporation would assist the City
of Clifton in promoting economic growth, employment and development.
E.
A special assessment shall be imposed and collected
by the City with the regular property tax payment or payment in lieu
of taxes or otherwise, and that all of these payments shall be transferred
to the district management corporation to effectuate the purposes
of this article and any amendatory and supplementary statutes and
to exercise the powers given to it by this article.
F.
It is in the best interests of the City of Clifton
and the public to create a special improvement district and to designate
a district management corporation; except that no district management
corporation shall be designated to receive any funds or to exercise
any powers pursuant to the provisions of N.J.S.A. 40:56-65
et seq., and any amendatory or supplementary statutes, unless the
board of directors of that cooperation shall include at least one
member of the Municipal Council of the City of Clifton and the City
Manager or his/her designee.
A.
There is hereby created and designated within the
City of Clifton a special improvement district to be known as the
"Clifton's Historic Botany District, Inc.," consisting of properties
designated and listed by tax lot and block number and street addresses
on Schedule A attached hereto.[1] The special improvement district shall be subject to special
assessments on all affected property within the district, which assessment
shall be imposed by the City for the purposes of promoting the economic
and general welfare of the District and the City of Clifton.
[1]
Schedule A is on file in the City offices.
B.
All properties within the special improvement district are deemed included in the assessing provisions of this article and are expressly subject to potential tax or assessment made for special improvement district purposes, subject to the provisions of Subsection C hereof.
C.
Only those properties within the special improvement
district that are tax exempt or used solely for owner-occupied one-family
or owner occupied two-family residential use are deemed excluded from
the assessing or taxing provisions of this article and are expressly
exempt from any assessment made for special improvement district purposes.
A.
It is hereby determined that the operation and maintenance of the District may involve annual costs relating to services peculiar to the District that are distinguished from operation and maintenance services normally provided by the City of Clifton outside the District. Those annual costs shall be assessed or taxed to the benefitted properties or businesses pursuant to this article and N.J.S.A. 40:56-65 et seq. The properties to be assessed or taxed to provide for the payment of such annual costs are described in § 393-15 hereof.
B.
Each year, when the Mayor and Council shall have acted
on the estimated costs and/or on the budget of the District, the Tax
Assessor shall prepare an assessment roll setting forth separately
the amounts to be specially assessed against the benefitted and assessable
properties in the District. Descriptions of such properties and the
name of the then current owners of such properties, so far as names
are available, shall be included in each annual assessment roll. The
assessment roll, when so prepared, shall be filed in the office of
the City of Clifton Clerk and be there available for inspection. The
Mayor and Council shall annually meet to consider objections to the
amounts of such special assessments at least 10 days after a notice
of hearing has been published once in the official newspaper and mailed
to the named owners of all tracts, parcels and lots of property to
be assessed. The notice shall set forth the time and place of the
meeting, and set forth the purpose of such meeting, but may refer
to the assessment roll for further particulars. When the Mayor and
Council shall have approved the amounts of the special assessments
set forth therein, or as may be changed by it, the City of Clifton
Clerk shall forthwith certify a copy of the assessment roll with supplements
to the roll to the Passaic County Board of Taxation.
A.
The nonprofit corporation, the Clifton's Historic
Botany District, Inc., an entity incorporated pursuant to N.J.S.A.
15A: 1-1 et seq., is hereby designated as the district management
corporation for the District and designated by this article to receive
funds collected by a special improvement assessment within the special
improvement district. This management corporation, in addition to
acting as an advisory board to the Mayor and Council, shall have all
powers necessary and requisite to effectuate the purpose of this article
and the District, including, but not limited to:
(1)
Adopt bylaws for the regulation of its affairs and
conduct of its business and to prescribe rules, regulations and policies
in connection with the performance of its function and duties.
(2)
Employ such persons as may be required, and to fix
and pay their compensation from funds available to the district management
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 obligations.
(6)
Borrow money from private lenders for periods not
to exceed 180 days and from governmental entities for that or longer
periods, subject to the approval of Mayor and Council by resolution.
(7)
Fund the improvement of the exterior appearance of
properties in the District through grants or loans.
(8)
Fund the rehabilitation of properties in the District.
(9)
Accept, purchase, rehabilitate, sell, lease or manage
property in the District.
(10)
Enforce the conditions of any loan, grant, sale
or lease made by the district management corporation.
(11)
Provide security, sanitation and other services
to the District, supplemental to those provided normally by the municipality.
(12)
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, pursuant
to pertinent regulations of the Borough.
(13)
Publicize the District and the businesses included
within the District boundaries.
(14)
Recruit new businesses to fill vacancies in,
and to balance the business mix of, the District.
(15)
Organize special events in the District.
(16)
Provide special parking arrangements for the
District.
(17)
Provide temporary decorative lighting in the
District.
(18)
Advise the Mayor and Council, from time to time,
on the control and regulation of:
(a)
Determine the distribution and location of movable
furniture, sculpture or pedestrian traffic control devices, landscaping
and other facilities belonging to the pedestrian or the special improvement
district, as the case may be, and not otherwise located or fixed by
the plans and specifications.
(b)
The uses to be permitted within the special
improvement district property by occupants of abutting property, any
transit or telephone utility, concessionaires, vendors and others
to serve the convenience and enjoyment of pedestrians and the location
of such uses.
(c)
The issuance of permits to conduct any special
activity consistent with the broad purposes of the pedestrian mall
or special improvement district.
(d)
The operation of any lighting, heating or other
facilities in the mall or special improvement district property, replacing
landscaping and maintaining the furniture and facilities in the mall
or special improvement district property.
(19)
Review all applications, plans, specifications,
etc., for the proposed construction or alteration of any and all exterior
improvements to buildings and facades within the special improvement
district for the purpose of providing advice and recommendations to
those wishing to improve their properties consistent with the recommendations
of the Clifton's Historic Botany District, Inc. Recommendations produced
under this subsection will be forwarded to the appropriate approving
authority, namely the City of Clifton Construction Code Official,
City of Clifton Planning Board or the City of Clifton Board of Adjustment.
B.
In order to receive any funds or exercise any of the
powers granted herein, the Board of Trustees of the Clifton's Historic
Botany District, Inc., shall include at least one member of the governing
body of the municipality and the City Manager or his/her designee.
A.
Notwithstanding the creation of a special improvement
district, the City of Clifton expressly retains all its powers and
authority over the area designated as being within the special improvement
district.
B.
Nothing contained herein shall be interpreted or construed
to be a vacation, in whole or in part, of any municipal street or
part thereof.
C.
The district management corporation shall not make
or enter into any contracts for the improvement of any publicly owned
or operated facility or property within the special improvement district,
nor adopt any regulation relating to public property in such District
unless the Mayor and Council of the City of Clifton delegates to the
district management corporation, by ordinance, the contracting of
work to be done on any street or streets or on any other municipal
property within the special improvement district, provided the district
management corporation, as the contracting unit, complies with the
New Jersey Local Public Contracts Law, Public Law 1971, Chapter 198
(N.J.S.A. 40A:11-1 et seq.) and provided the plans and specifications
for the work contracted shall be approved by the Municipal Engineer
and the Mayor and Council, by resolution, prior to initiation of any
action for the awarding of a contract under the Local Public Contracts
Law.
D.
The district management corporation shall comply with
all applicable ordinances or regulations of the City of Clifton.
A.
The fiscal year of the District shall be the same
as the City of Clifton.
B.
The district management corporation shall submit a
detailed annual budget for the upcoming fiscal year by no later than
December 31 for approval by resolution by the Mayor and Council.
C.
The budget shall be submitted with a report which
explains how the budget contributes to goals and objectives for the
special improvement district. The budget shall be reasonably itemized
and shall include a summary of the categories of cost properly chargeable
as follows:
(1)
The amount of such costs to be charged against the
general funds of the City, if any.
(2)
The amount of costs to be charged and assessed against
properties benefitted in the District in proportion to benefits against
properties in the District.
(3)
The amount of costs, if any, to be specially taxed
against properties in the District.
D.
The budget shall be introduced, approved, amended
and adopted by resolution passed by not less than a majority of the
full membership of the Municipal Council. The procedure shall be as
follows:
E.
The budget shall be introduced in writing at a meeting
of the Mayor and Council. Approval thereof shall constitute a first
reading, which may be by title. The Mayor and Council, upon approval
of the budget, shall fix the time and place for the holding of a public
hearing upon the budget.
F.
The budget shall be advertised after approval. The
advertisement shall contain a copy of the budget and shall set forth
the date, the time and place of the hearing. It shall be published
at least 10 days prior to the date fixed therefor in the official
newspaper of the City.
G.
No budget shall be adopted until a public hearing
has been held thereon, and all persons having an interest therein
shall have been given an opportunity to present objections. The hearing
shall be held not less than 28 days after the approval of the budget.
H.
The public hearing shall be held at the time and place
specified in the advertisement thereof, but may be adjourned from
time to time until the hearing is closed.
I.
The budget, as advertised, shall be read at the public
hearing in full, or it may be read by its title, if:
(1)
At least one week prior to the date of the hearing
a complete copy of the approved budget, as advertised:
J.
After closing the hearing, the governing body may adopt the budget by title, without amendments, or may approve amendments, as provided in Subsection K before adoption.
K.
Amendment.
(1)
The governing body may amend the budget during or
after the public hearing. No amendment by the governing body shall
be effective until the taxpayers and all persons having an interest
therein shall have been granted a public hearing thereon, if the amendment
shall:
(a)
Add a new item in an amount in excess of 1%
of the total amount stated in the approved budget; or
(b)
Increase or decrease any item by more than 10%;
or
(c)
Increase the amount to be raised pursuant to
Section 16 of Public Law 1972, Chapter 134 (N.J.S.A. 40:56-80), or
Section 19 of this amendatory and supplementary act by more than 5%,
unless the same is made pursuant to an emergency temporary appropriations
only.
(2)
Notice of hearing on an amendment shall be advertised
at least three days before the date set therefor. The amendment shall
be published in full in the same manner as an original publication
and shall be read in full at the hearing and before adoption.
L.
Final adoption shall be by resolution, adopted by
a majority of the full membership of the governing body, and may be
by title.
A.
Monies appropriated and collected for the annual costs
of operating and maintaining a special improvement district shall
be credited to a special account. The Mayor and Council may incur
the annual costs of improving, operating and maintaining a special
improvement district during a fiscal year, though not specifically
provided for by line item or other category in an approved estimate
for such fiscal year, if in its discretion it shall be deemed necessary
to provide for such annual improvements or operation or maintenance
prior to the succeeding fiscal year and so long as the total amount
of the account approved for that year is not exceeded by that expenditure.
Any balances to the credit of the account and remaining unexpended
at the end of the fiscal year shall be maintained and applied towards
the financial requirements of the succeeding year.
B.
The Mayor and Council may retain a portion of the
collected special assessment proceeds to offset the direct costs incurred
in the required assessment and budget processes.
C.
The Mayor and Council shall pay over funds to the
management corporation quarterly on the fifteenth (15th) day of February,
May, August and November of each year. The City of Clifton shall not
be obligated to pay over funds not received by the City of Clifton.
D.
The district management corporation shall cause an
annual audit of its books, accounts and financial transactions to
be made and filed with the Mayor and Council and for that purpose
shall employ a certified public accountant 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,
and a certified copy of the audit shall be filed with the Director
of Community Affairs within five days of the filing of the audit with
the Mayor and Council.
E.
The district management corporation shall, within
30 days after the close of each fiscal year, make an annual report
of its activities for the preceding fiscal year to the Mayor and Council
and the City Clerk.
Nothing contained herein shall prevent the Mayor
and Council at any time, subsequent to the adoption of this article,
by ordinance abandoning the operation of the special improvement district,
changing the extent of the special improvement district, supplementing
or amending the description of the district to be specially assessed
or taxed for annual costs of the special improvement district, changing
or repealing any plan, rules, requisitions or limitations adopted
for the operation of the special improvement district or rescinding
the designation of or re-designating a district management corporation.
This special improvement district shall become
operable upon the passage of this article.