[Adopted 9-13-1993 by Ord. No. A-40-93]
The purposes of this article are to:
A. Encourage the development of the district, known as
"Rahway Center," as the civic, cultural and commercial center of the
City of Rahway;
B. Allow the entire Rahway community to benefit from
a stronger and healthier downtown;
C. Foster
the building of a nonpartisan partnership and creation and implementation
of an action-oriented, pragmatic work plan to achieve Rahway Center's
and the City's revitalization; strengthen the economic, cultural,
institutional, residential and commercial contributions of Rahway
Center and other commercial areas of the City for the benefit of the
residents and property owners of the City of Rahway; and preserve
Rahway Center's and the City's historic past as a foundation for its
future.
[Amended 12-8-2014 by Ord. No. O-42-14]
D. The expansion of the Rahway Special Improvement District to include
additional properties and areas of the City is intended to encourage
the development of the entire City, allowing the entire Rahway community
to benefit from a stronger and healthier City.
[Added 12-8-2014 by Ord.
No. O-42-14]
As used in this article, the following terms
shall have the meanings indicated:
DISTRICT MANAGEMENT CORPORATION
The City Council of the City of Rahway.
[Amended 3-8-2010 by Ord. No. O-8-10; 7-10-2017 by Ord. No. O-16-17; 6-14-2021 by Ord. No. O-22-21]
SPECIAL IMPROVEMENT DISTRICT (ALSO REFERRED TO AS "DISTRICT")
An area within the City of Rahway 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 municipality.
The Mayor and Council find and declare:
A. The central business district of the City of Rahway
has special needs and requires special services that can best be achieved
through a private-public partnership implemented by a Special Improvement
District and a District Management Corporation.
B. The creation of a Special Improvement District and
a District Management Corporation will promote economic growth and
implement and foster and encourage commercial development and improve
the business climate and otherwise be in the best interest of the
property owners in the district and in the overall municipality.
C. Schedule
A is amended to include and exclude, as indicated herein, the properties
referred to and included on the attached property list by block and
lot as shown on the Official Tax Maps of the City of Rahway. The properties indicated as being included are in addition
to all other properties currently included in the Rahway Special Improvement
District.
[Amended 12-8-2014 by Ord. No. O-42-14; 6-16-2015 by Ord. No. O-12-15]
D. That a District Management Corporation would provide
administrative, programming and other services to benefit the businesses,
employees, residents and consumers in the Special Improvement District
and that the management corporation would assist the City in promoting
economic growth and development.
E. That a special assessment shall be imposed and collected
by the City of Rahway 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 management corporation to effectuate the purposes
of this article and to exercise the powers given to it by this article.
[Amended 7-9-2007 by Ord. No. O-31-07; 3-8-2010 by Ord. No.
O-8-10; 7-10-2017 by Ord. No. O-16-17; 6-14-2021 by Ord. No. O-22-21]
A. The City Council of the City of Rahway hereby designates the City
Council of the City of Rahway as the district management corporation
for the district.
B. The district management corporation shall also have all powers necessary
and requisite to effectuate the purposes of this chapter, including
but not limited to:
(1) Adopt bylaws for the regulation of its affairs and the conduct of
its business and to prescribe rules, regulations and policies in connection
with the performance of its functions and duties;
(2) Employ such persons as may be required, and to 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 and convenient
to the exercise of the powers and functions of the corporation, including
contracts with a 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 for periods not to exceed 180 days
and from governmental entities for that or longer periods, subject
to the approval of the City Council by resolution acting in the manner
of the City Council;
(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, lease or manage property in the district subject to the approval
of the City Council by resolution acting in the manner of the City
Council;
(10) Enforce the conditions of any loan, grant, sale or lease made by
the corporations;
(11) Provide security, sanitation and other services to the district,
supplemental to those provided normally by the municipality;
(12) Undertake improvements including but not limited to capital improvements
designated 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 of Rahway;
(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 in connection with the acquisition and construction
of improvements in the Special Improvement District, and making of
a plan therefor and the operation and maintenance thereof, and to
meet and furnish recommendations or comments of property included
within the Special Improvement District;
(19) Develop activities and programs to encourage the long-term success
of the arts communities;
(20) Commission studies, analyze and organize planning activities related
to the economic development of the district;
(21) Increase community vitality by encouraging the area to be populated
and supported by artists, businesses, sponsors and increased audiences
and customers;
(22) Promote awareness of the value of the arts and to directly support
arts programs that encourage the diversity of citizens and businesses
and participation in the successful development;
(23) Effectuate the purposes and intents of N.J.S.A. 40:56-65 et seq.,
as amended; and
(24) Design and enforce environmental and building design criteria under
N.J.S.A. 40:56-65 et seq., as amended.
C. The district management corporation shall utilize affirmative action
goals and guidelines in its hiring and expenditures whenever possible.
Pursuant to N.J.A.C. 17:27-5.2, the district management corporation
will not discriminate against any employee or applicant for employment
because of age, race, creed, color, national origin, ancestry, marital
status, or sex. The district management corporation will take affirmative
action to ensure that such applicants are recruited and employed,
and that employees are treated during employment without regard to
their race, creed, national original, ancestry, marital status or
sex.
D. Upon further written agreement, the City of Rahway may delegate to
the district management corporation the contracting work to be done
on any street, or on other municipal property, included in the special
improvement district. In that event, the corporation shall be a contracting
unit within the Local Public Contracts Law, P.L. 1971, c. 198 (N.J.S.A.
40A:11-1 et seq.). The plans and specifications shall be approved
by the City Engineer prior to initiation of any action for the award
of a contract under the act.
Nothing contained herein shall prevent the Council
at anytime subsequent to the adoption of this article by ordinance
from 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 redesignating a District Management Corporation.
[Amended 3-8-2010 by Ord. No. O-8-10; 7-10-2017 by Ord. No. O-16-17; 6-14-2021 by Ord. No. O-22-21]
This Special Improvement District became operable upon the incorporation
of the Rahway Center Management Corporation. The Rahway Center Management
Corporation is no longer the District Management Corporation for the
District. The Rahway Arts and Business Partnership, a nonprofit corporation,
is no longer the management corporation. The City Council of the City
of Rahway is designated as the District Management Corporation.
[Added 6-14-2021 by Ord.
No. O-22-21]
A. Membership.
(1) The Rahway Arts and Business Advisory Board shall consist of five
voting members who shall be appointed by the Mayor. Each voting member
shall be a member of at least one of the following categories:
(a)
Voting members:
[1]
Owners of properties within the special improvement district.
[2]
Owners/operators of businesses located within the special improvement
district.
[3]
Owners whose properties are for primary residential use located
within the special improvement district.
[4]
President of the City of Rahway Chamber of Commerce or designee.
(b)
Nonvoting members:
[1]
The Mayor of the City of Rahway (or designee);
[2]
The Business Administrator of the City of Rahway (or designee);
[3]
The City Council President of the City of Rahway (or designee);
[Amended 2-14-2022 by Ord. No. O-6-22]
[4]
The Police Director of the City of Rahway (or designee);
[Amended 2-14-2022 by Ord. No. O-6-22]
[5]
The City Engineer of the City of Rahway (or designee);
[Amended 2-14-2022 by Ord. No. O-6-22]
[6] The Director of Engineering and Land Use if not the same person as
the City Engineer of the City of Rahway.
[Added 2-14-2022 by Ord. No. O-6-22]
(2) Each lot within the special improvement district shall only be represented
by one voting member.
B. Terms. The regular term of office for Rahway Arts and Business Advisory
Board positions shall be for three years, except the President of
the City of Rahway Chamber of Commerce or designee which shall be
for one year. Each member shall hold office until a successor is appointed
and confirmed. Terms shall commence on July 1. The initial term shall
commence July 1, 2021, and expire December 31, 2021. The second term
for appointments as of January 1, 2022, shall be staggered as follows:
(1) One-year terms: The Mayor shall appoint two individuals to one-year
terms. In the event that President of the City of Rahway Chamber of
Commerce or designee is not appointed, the Mayor shall be able to
appoint three individuals to one-year terms.
(2) Two-year terms: The Mayor shall appoint one individual to a two-year
term.
(3) Three-year term: The Mayor shall appoint one individual to a three-year
term.
C. Duties and responsibilities. Rahway Arts and Business Advisory Board
shall have the ability to:
(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) Advise the district management corporation on any matters related to the special improvement district, including, but not limited to, matters related to the powers granted to the district management corporation in §
97-6B above.