Ordinance
#25-99, Business Improvement District
AN
ORDINANCE CREATING A BUSINESS IMPROVEMENT
DISTRICT
AND
DESIGNATING A DISTRICT MANAGEMENT CORPORATION
WHEREAS, the Mayor and Council of the Borough of Keyport
regard the business community as a vital economic and social force
in the Borough of Keyport; and
WHEREAS,
the Keyport Business Improvement District Steering Committee,
consisting of residents and business people of the Borough, has
submitted to the Mayor and Council a report dated May 18, 1999
which report urges the adoption of an ordinance creating a Business
Improvement District as well as the designation of a non profit
corporation to manage the anticipated services and program of
the Business Improvement District; and
WHEREAS,
as a result of the aforesaid report, substantial and thorough
studies and discussions were held throughout the business community
to explore the desirability of the Business Improvement District
or Districts for the Borough as well as the terms and conditions
of the proposed Special Improvement District Ordinance including
the business area to be covered by the Ordinance; and
WHEREAS,
it is contemplated by the Mayor and Council working in conjunction
with the business community, that in the future further action
will be taken to meet the needs and desires of the greater business
community which action may result in an amendment to this Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the
Borough of Keyport, pursuant to NJSA 40:56-65 et seq., as follows:
Section
1. Definitions.
a.
"Business Improvement District" (sometimes also referred
to as "District" or "Special Improvement District")
means an area within the Borough of Keyport, designated by this
Ordinance as an area in which a special assessment on property
within the District shall be imposed for the purposes of promoting
the economic and general welfare of the District.
b. "District Management Corporation" means "Business
Improvement District of Keyport, New Jersey, Inc." (also
referred to as "Management Corporation"), an entity
incorporated pursuant to Title 15A of the New Jersey Statutes
and designated by municipal ordinance to receive funds collected
by a special assessment within the Business Improvement District,
as authorized by this Ordinance and any amendatory supplementary
ordinance.
Section
2. Findings.
The
Mayor and Council find and declare:
a.
That the area within the Borough of Keyport, so designated
on the map hereto attached as Schedule A and beginning at the
center of the intersection of Atlantic Street and the Henry Hudson
Trail to the center of the intersection of the Henry Hudson Trail
and Beers Street, running thence in a northerly direction along
the centerline of Beers Street to the center of the intersection
of Beers Street and Francis Street running thence in a Westerly
direction along the Eastern bank of Luppatatong Creek, running
thence in a generally Northerly direction to the Eastern bank
of Luppatatong Creek to its mouth, running thence in a Northeasterly
direction along the shore of Raritan Bay (inclusive of all riparian
lands touching upon said shoreline) to that point of the shoreline
directly perpendicular to the centerline of Atlantic Street, running
thence in a Southeasterly direction to Atlantic and continuing
along Atlantic Street in said direction to the center of the intersection
of Atlantic Street and the Henry Hudson Trail, inclusive of all
properties contained within said boundary, will benefit from being
designated as a Business Improvement District.
b.
That a district management corporation would provide administrative
and other services to benefit the businesses, employees, residents
and consumers in the Business Improvement District. These services
shall be over and above the services already provided to the District
by the Borough.
c. That a special assessment shall be imposed and collected
by the Borough 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 ordinance and to exercise the
powers given to it by this ordinance.
d. That it is in the best interests of the municipality
and the public to create a Business Improvement District and to
designate a district management corporation.
e. That the business community should be encouraged to
provide self-help and self-financing programs to meet local business
needs, goals and objectives.
Section
3. Creation of District
a.
There is hereby created and designated within the Borough of Keyport
a Business Improvement District to be known as the Keyport Business
Improvement District having the above stated boundary. The Business
Improvement District shall be subject to special assessment on
all affected property within the District, as described by lot
and block number and by street address as set forth in Schedule
B of this Ordinance. Such assessment shall be imposed by the Borough
of Keyport for the purposes of promoting the economic and general
welfare of the District.
b.
All business properties within the Business Improvement District
including all private, non residential assessed properties are
deemed included in the assessing provisions of this Ordinance
and are expressly subject to potential assessment made for Business
Improvement District purposes.
c.
All properties within the Business Improvement District that are
tax exempt or are used exclusively for residential purposes, are
deemed excluded from the assessing provisions of this Ordinance
and are expressly exempt from any assessment made for Business
Improvement District purposes.
d.
The owner of any business property located outside the Business
Improvement District, may request that said property be included
in and subject to the assessing provisions of this Ordinance.
Upon approval of said request by the Board of Directors of the
Management Corporation, any such property shall be deemed to be
business property within the Business Improvement District. Such
approval shall not obligate the Board of Directors to provide
any services or other specific benefits to such property.
Section
4. Appeal of Property Owner from Inclusion in the District.
Any
owner of property included within the Business Improvement District
and subject to the assessing provisions of this Ordinance, may
appeal to the Tax Assessor of the Borough of Keyport, requesting
to be excluded from the District and from any assessment provisions
of this Ordinance. This appeal is only as to whether or not a
property should be included within the District under the standards
set forth in Section 3 of this Ordinance. It is not an appeal
with regard to any taxes. Appeals with regard to taxes should
be taken in the usual manner to the Monmouth County Board of Taxation
or to the Tax Court. Any appeal seeking exclusion from the District
and any assessment provisions of this Ordinance, shall be in writing
and specifically detail the factual basis for the appeal. The
Assessor shall investigate the matter and conduct an informal
hearing or conference within thirty (30) days of receipt of the
appeal. Within ten (10) days after the conclusion of the informal
hearing or conference, the Assessor shall file a report and recommendation
with the Mayor and Council. The Mayor and Council shall review
the matter and act within thirty (30) days upon receipt of the
report and recommendation from the Assessor.
Section
5. Assessments
a.
Operation and Maintenance of District. Annual operation and maintenance
costs relating to services peculiar to the District, as distinguished
from services normally provided by the Borough, will provide benefits
primarily to the properties included within the District rather
than the Borough as an entirety. These annual costs shall be assessed
and taxed to the benefitted properties pursuant to the provisions
of this Ordinance and NJSA 40:56-65 et seq.
b. Development Construction or Acquisition Costs. The Borough
may, by separate ordinance, or by amendment to this ordinance,
provide that improvements and facilities hereinafter acquired
or developed shall be operated and maintained and the costs assessed
to the benefitted properties.
Section
6. The Designated District Management Corporation.
a.
The non-profit corporation, Keyport Partnership, Inc. is hereby
designated as the district management corporation for the District.
This management corporation shall conduct its business in accordance
with the Open Public Meetings Law. This corporation shall have
no power of condemnation or eminent domain. It shall regularly
file copies of the minutes of its meetings with the Borough Clerk
so the minutes shall be conveniently available to the public for
inspection.
b. The Management Corporation shall conduct regular meetings
no less than quarterly.
c. The Management Corporation shall have a Board of Directors
consisting of fifteen (15) voting members. As to the membership
of the Board of Directors, it shall include (1) the Mayor or the
Mayor's designee; (2) a member of the Borough Council selected
by the Borough Council; (3) a member of the Unified Borough Planning
Board and Board of Adjustment selected by the Borough Council;
(4) one business property owner or occupant, or resident of property
not assessed under this Ordinance. With the exception of the first
seat, each appointment is for a period of one (1) year and shall
be at the pleasure of the appointing authority.
Additionally the Board of Directors shall consist of one non-voting
member appointed from bodies such as Northern Monmouth Area Chamber
of Commerce or similar body. The member appointed from these bodies
shall serve at the pleasure of the appointing body.
The remaining eleven (11) voting members of the Board of Directors
shall consist of owners or occupants of assessed properties located
within the District, or representatives or either group, provided
each group is represented on the Board of Directors. The term
of each seat shall be three (3) years, except at the first election,
however, three (3) members shall be elected for one (1) year;
four (4) members shall be elected for two (2) years and four (4)
members shall be elected for three (3) years. Any vacancies with
regard to these elected members shall be filled by a majority
vote of the Board members for the balance of the term.
d. The Mayor and Council will designate the BID Steering
Committee members to carry on the duties of the non profit corporation,
to include securing corporate and non profit status and creation
of bylaws, form a nominating and election committee. The BID Committee
shall not expend or commit any Management Corporation funds without
a simple majority vote of a quorum of Steering Committee members.
The bylaws shall provide for an election to create the Board of
Directors by owners and/or occupants of commercial property included
within the District which election shall be held on or before
the third month anniversary from the date of the adoption of the
ordinance.
Section
7. Powers of the Designated District Management Corporation
The
district management corporation, shall act as an advisory board
to the Mayor and Council, pursuant to statutory authority, shall
have all powers and responsibilities necessary and requisite to
effectuate the purposes of this Ordinance and the District, including
but not limited to:
a. 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.
(1)
These bylaws shall be submitted to the Mayor and Council for
approval and may thereafter be modified without the approval
of the Mayor and Council except for bylaws pertaining to the
following subjects, modifications of which shall require said
approval:
(A)
membership requirements for the Management Corporation
(B) eligibility to be nominated for a position on
Board of Directors or to nominate by petition a candidate
for such a position
(C) asset distribution upon dissolution of the Management
Corporation; and
(D) removal of elected members of the Board of Directors
(2)
The bylaws and other corporate documents shall provide that the
Management Corporation shall conduct its business in accordance
with the Open Public Meetings Law.
b.
Employ such persons as may be required, and fix and pay
their compensation from funds available to the Management 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 the powers and functions of
the Management 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 own obligations;
f. Borrow money from private lenders for periods not
to exceed 180 days and from governmental entities for that or
longer periods;
g. Fund the improvement for the exterior appearance of
properties in the District through grants or loans. Standards
for eligibility and standards for terms of such grants and loans
shall be established by the Board of Directors.
h. Fund the rehabilitation of properties in the District
through grants or loans. Standards for eligibility and standards
for terms of such grants and loans shall be established by the
Board of Directors.
i. Accept, purchase, rehabilitate, sell, lease or management
property in the District;
j. Enforce the conditions of any loan, grant sale or
lease made by the Management Corporation.
k. Provide security, sanitation and other services to
the District, supplemental to those provided normally by the
municipality;
l. Undertake 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 clean up and control, landscaping,
parking areas and facilities, recreational and rest areas and
facilities, pursuant to pertinent regulations of the Borough
of Keyport.
m. Publicize the District and the businesses included
within the District boundaries;
n. Recruit new businesses to fill vacancies in, and to
balance the business mix of, the District;
o. Organize special events in the District;
p. Provide special parking arrangements for the District;
and
q. Provide temporary decorative lighting in the District.
r. Establish, coordinate and direct various committees
to which Borough Officials such as the Police Director and the
Director of Public Works shall serve as liaisons to the BOD,
to further the objectives of the Management Corporation.
Section
8. Annual Budget, Hearing and Assessments
a.
The fiscal year of the District and of the Management Corporation
shall be the calendar year. The first budget shall be the calendar
year 2000 and shall be submitted by the BID Steering Committee
to the Mayor and Council sixty (60) days within the date of adoption.
Hereafter, beginning December 31, 2000, the Management Corporation
shall submit no later than December 1 of each year a detailed
annual budget for the following year for approval by the Mayor
and Council. The budget shall be processed and adopted by the
Borough on or before April 1st of each year in accordance with
the procedures set forth in NJSA 40:56-84.
b. The budget shall be submitted with a report which explains
how the budget contributes to goals and objectives for the Business
Improvement District together with the following
(1)
The amount of such costs to be charged against the general funds
of the municipality, if any.
(2)
The amount of costs to be charged and assessed against properties
benefitted in the District in proportion to benefits which shall
be the aggregate of costs of annual improvements to be made
in the District during each year.
(3) The amount of costs, if any, to be specially assessed
against properties in the District.
c. The Mayor and Council shall receive and consider the budget
and report submitted by the Management Corporation after such
notice and hearing before them or an appropriate committee as
they shall be deemed necessary or expedient, and shall approve
same, with such amendments thereto as they find necessary and
the amounts of each item of cost estimated shall be deemed appropriated
and expendable to operate and maintain the District during the
ensuing fiscal year.
The
budget shall be introduced, approved, amended and adopted by resolution
passed by not less than a majority of the full membership of the
Council. The procedure shall be as follows:
(1) introduction and approval,
(2) public advertising,
(3) public hearing,
(4)
amendments and further public hearings, if required and
(5) adoption.
The
budget shall be introduced in writing at a meeting of the Mayor
and Council. Upon approval of the budget by first reading by the
Mayor and Council, a time and place for the holding of a public
hearing upon the budget shall be fixed by the Mayor and Council.
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 the place of the hearing. It shall be published at
least ten (10) days prior to the dated fixed therefor in a newspaper
approved for publication. 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 upon first reading. 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.
The budget, as advertised, shall be read at the public hearing,
in full, or it may be ready by its title if:
(1)
at least one week prior to the date of hearing, a complete
copy of the approved budget, as advertised,
(a)
shall be posted in a public place where public notices are customarily
posted in Borough Hall, and (b) is made available to each person
requesting the same during the public hearing; and(2)
the Mayor and Council shall, by resolution passed by not less
than a majority of the full Council membership, determine that
the budget shall be read by its title and declare that the conditions
set forth in clause (1) have been met. After the closing of the
hearing, the Mayor and Council may adopt the budget by title,
without amendments, or may approve amendments, as provided below,
before adoption.
The
Mayor and Council may amend the budget during or after the public
hearing. No amendment by the Mayor and Council shall be effective
until taxpayers and all persons having an interest therein shall
have been granted a public hearing thereon, if the amendment shall
(1) add a new item in an amount in excess of 1% of the
total amount as stated in the approved budget,
(2) increase or decrease any item by more than 10%;
or
(3) increase the amount to be raised by more than 5% unless
the same is made pursuant to an emergency temporary appropriation.
Notice of hearing on an amendment shall be advertised at lease
three (3) 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.Final
adoption of the budget shall be by resolution, adopted by a majority
of the full membership of the Council, and may be by title.
d.
Each year, when the Mayor and Council shall have acted on the
estimated costs and/or on the budget for the ensuing year, the
Borough Tax Assessor shall prepare an assessment roll, separately
setting forth the amounts to be specially assessed against the
benefitted and assessable properties in the District, pursuant
to statutory authority and consistent with this ordinance, to
be approved by the Mayor and Council by resolution. Descriptions
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 municipal clerk and be there
available for inspection. properties, so far as names are available
shall be included in each annual assessment roll. The Mayor and
Council shall annually meet to consider objections to the amounts
of such special assessments at least ten (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 proposed to be assessed. The notice shall 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 by resolution,
the Municipal Clerk shall forthwith certify a copy of the assessment
roll, with such changes, if any, to the Monmouth County Tax Board.
e. For the purpose of this section, "annual improvements"
shall mean and include any reconstruction, replacement or repair
of trees, plantings, furniture, shelters and other facilities
of the Business Improvement District and the furnishing of any
other local improvement which benefits properties within the District.
For the purpose of this act, "costs" shall, with respect
to annual improvements to and operation and maintenance of the
Business Improvement District, mean costs of annual improvements,
fees of consultants employed by the Mayor and Council to assist
in the planning of annual improvements, and all other costs including
planning costs incurred or to be incurred in connection with annual
improvements to and operation and maintenance of, the District.
f. Monies appropriated and collected on account of annual
improvement costs, and costs of operating and maintaining a Business
Improvement District, shall be credited to a special account.
Pursuant to NJSA 40:65-81(e), the Mayor and Council may incur
the annual costs of improving, operating and maintaining a Business
Improvement District, during any 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 as 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 conserved and applied towards the financial requirement
of the succeeding year.
g. The Mayor and Council shall pay over funds to the district
management corporation quarterly on the first day of March, June,
September and December of each year.
Section
9. Assessment Rate
a. Each business property in the Business Improvement District
shall be assessed by the Borough Tax Assessor at a rate of $0.25
per $100 of assessed valuation, except that no annual BID assessment
on a single business property shall be less than $250 per year not
more than $1,000 per year.
b. Business Improvement District assessments shall be payable
to the Borough on a quarterly basis on the same basis as real estate
taxes and as provided by statute.
c. The Borough shall retain the authority to adjust the BID assessment
rate for a given year after reviewing the annual budget as submitted
by the Management Corporation.
Section
10. Annual Audit of District Management Corporation
The 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, the Management Corporation
shall employ a certified public accountant of New Jersey. The annual
audit shall be completed and filed with the Mayor and Council within
four months after the close of the fiscal year of the corporation,
and a certified duplicate copy of the audit shall be filed with
the Director of the Division of Local Government Services in the
Department of Community Affairs within five (5) days of filing of
the audit with the Mayor and Council.
Section
11. Annual Report to Municipality
The Management Corporation shall, within thirty (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 Clerk of the Borough.
Section
12. Municipal Powers Retained
Notwithstanding the creation of a Business Improvement District
in the Borough of Keyport expressly retains all its powers and authority
over the area designed as within the Business Improvement District.
No improvements or modifications shall be made to any public property
without the prior formal approval of the Mayor and Council.
Section
13. Severability
If any provision of this Ordinance or the application thereof to
any person or circumstance is held invalid, such holding shall not
affect other provisions of the Ordinance and to this end the provisions
of this Ordinance are severable.
Section
14. Effective Date
This Ordinance shall take effect immediately after passage and publication
as required by law. This Ordinance shall expire in three (3) years
unless reenacted by the Mayor and Council of the Borough of Keyport
prior to December 7, 2002. Upon the third anniversary of the Business
Improvement District, the ordinance will expire unless the Board
of Directors recommend the continuation of the BID with the approval
of the Mayor and Council.
Offered for adoption by Mrs. Atkins, seconded by Mr. Walling
Roll Call Vote: Ayes: Councilmembers Atkins, Walling, Wedick
Bergen
Abstain: Councilman Pedersen
Absent: Councilman Nicholl
Ordinance #3-00, Amend Business Improvement
Ordinance
#3-00, Amend Business
Improvement District Ordinance
ORDINANCE
AMENDING AN ORDINANCE CREATING A BUSINESS
IMPROVEMENT DISTRICT AND DESIGNATING A DISTRICT
MANAGEMENT CORPORATION
BE
IT ORDAINED by the Mayor and Council of the Borough of Keyport as
follows:
Section
1.
An Ordinance
Creating a Business Improvement District and Designating a District
Management Corporation is hereby amended to delete the following
properties from Schedule A (a list and description of all assessed
properties) annexed thereto:
Block Lot Property Location
21.01 30 67 West Front Street
21.01 31 57 West Front Street
Section
2.
The Ordinance
shall take effect immediately after passage and publication as required
by law, effective February 1, 2000.
Offered for adoption by Mr. Merla, seconded by Mr. Wedick
Roll Call Vote: Ayes: Councilmembers Merla, Atkins, Nicholl Wedick,
Bergen
Abstain: Councilman Pedersen
Ordinance
#24-00, Amend BID Ordinance
AN ORDINANCE AMENDING
THE ORDINANCE CREATING A BUSINESS
IMPROVEMENT DISTRICT AND DESIGNATING A DISTRICT
MANAGEMENT CORPORATION
WHEREAS,
the Mayor and Council of the Borough of Keyport by Ordinance #25-99
and amending Ordinance #3-00 created a Business Improvement District
within the bounds of the Borough; and
WHEREAS,
under said Ordinance, all properties within the BID are assessed
thereunder, except for such properties exclusively used for residential
purposes or otherwise tax exempt; and
WHEREAS,
the Mayor and Council recognize that the BID should demonstrably
enhance the value, use and function of all Class 4 properties within
the BID, regardless of present use, by improving areas surrounding
such properties, by increasing property values and by solidifying
demand for commercial and residential leases; and
WHEREAS,
the inclusion and assessment of all Class 4 properties within the
BID, including Class 4C properties was recommended by the Final
Report of the BID Steering Committee dated May 18, 1999, and is
hereby determined to promote the needs and desires of the greater
business community and the Borough.
NOW,
THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough
of Keyport pursuant to NJSA 40:56-65 et seq., as follows:
Section
1.
Subsection 3(b) of Ordinance #25-99 is hereby amended and
revised as follows:
All business properties within the Business Improvement District,
comprised of Class 4 (“Other”) assessed properties, are
deemed included in the assessing provisions of this ordinance and
are expressly subject to potential assessment made for Business
Improvement District purposes.
Section
2.
Subsection 3
(c)
of Ordinance #25-99 is hereby amended and revised as follows:
All properties within the Business Improvement District that are
tax exempt or are assessed as Class 1 (“Vacant”), Class
2 (“Residential Property”), or Class 3 (Farmland Regular
and Qualified) properties, are deemed excluded from the assessing
provisions of this Ordinance and are expressly exempt from any
assessment made for Business Improvement District purposes.
Section
3.
Schedule
B of Ordinance #25-99 is hereby amended and replaced by the attached
“Schedule B” which conforms in all material respects to
said Ordinance as amended hereby.
Section
4.
All ordinances and provisions thereof inconsistent with the provisions
of this Ordinance shall be and are hereby repealed as to the extent
of such inconsistencies.
Section
5.
If any section, subsection, part, clause or phrase of this Ordinance
shall be declared invalid by judgment of any Court of competent
jurisdiction, the section, subsection, part, clause or phrase shall
be deemed to be severable from the remainder of this Ordinance.
Section
6.
This Ordinance shall take effect immediately following final
passage and publication as required by law, however, any assessments
made hereunder shall not become effective until January 1, 2001.
Offered for adoption by Mrs. Atkins, seconded by Mr. Wedick
Roll Call Vote: Ayes: Councilmembers Merla, Atkins, Nicholl
Wedick, Bergen
Abstain: Councilman Pedersen
Ordinance
#23-01, Amend BID Ordinance
AN ORDINANCE AMENDING
THE LIST AND DESCRIPTION OF ALL ASSESSED
PROPERTIES IN THE BUSINESS IMPROVEMENT DISTRICT
WHEREAS,
Ordinance #25-99, as amended, contains a schedule listing all Class
4 properties (including Class 4c properties) and non-Class 4 properties
supporting a commercial outdoor advertisement use within the Business
Improvement District, which are subject to assessment thereunder;
and
WHEREAS,
the Borough Tax Assessor has recommended the exclusion of Block
39, Lot 44 (34 Main Street) because same is a Class 2 property and
therefore is not subject to any such assessment.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough
of Keyport, pursuant to NJSA 40:56-65 et seq as follows:
Section 1. Schedule B of Ordinance #25-99, as last amended by Ordinance
#24-00 is hereby amended and replaced by the attached “Schedule
B” which conforms in all material respects to said Ordinance
as amended.
Section
2.
All Ordinances
and provisions thereof inconsistent with the provisions of the Ordinance
shall be and are hereby repealed as to the extent of such inconsistencies.
Section
3.
If any section, subsection, part, clause or phrase of this
Ordinance shall be declared invalid by judgment of any Court of
competent jurisdiction, the section, subsection, part, clause or
phrase shall be deemed to be severable from the remainder of this
Ordinance.
Section
4.
This Ordinance shall take effect immediately following final passage
and publication as required by law, however, any assessments made
hereunder shall not become effective until January 1, 2002.
Offered for adoption by Mr. Merla, seconded by Mrs. Atkins
Roll Call Vote: Ayes: Councilmembers Merla, Atkins, Bergen
Pedersen
Absent: Councilmembers Ashmore and Antonucci
Ordinance
#6-02, Amend Busines
Improvement District Ordinance
AN ORDINANCE AMENDING
AND SUPPLEMENTING AN ORDINANCE
ENTITLED REVISED GENERAL ORDINANCES OF THE BOROUGH OF
KEYPORT ADOPTED BY THE MAYOR AND BOROUGH COUNCIL AND
AMENDED FROM TIME TO TIME THEREAFTER
BE
IT ORDAINED by the Mayor and Council of the Borough of Keyport
that Borough Ordinance #25-99 which created a Business Improvement
District and designated a District Management Corporation is hereby
amended and supplemented as follows:
Section
1.
Declaration.
The Mayor and Council of the Borough of Keyport established a Business
Improvement District pursuant to NJSA 40:56-65 et seq., by Ordinance
adopted December 7, 1999 as Borough Ordinance #25-99. The Mayor
and Council declare that since the adoption of the Ordinance creating
a Business Improvement District, the business community has benefitted
as a result of the actions of the District Management Corporation.
Based upon this success, the Mayor and Council declare that it is
in the best interest of the Borough of Keyport to expand the Business
Improvement District to include all qualified commercial establishments
within the Borough of Keyport.
Section
2.
Section 1.
Definitions,
as contained in Ordinance #25-99 creating a Business Improvement
District is hereby amended as follows:
a.
“Business Improvement District” (sometimes also referred
to as “District” or “Special Improvement District”)
means an area within the entire Borough of Keyport, in which
a special assessment on property within the District shall be
imposed for the purposes of promoting the economic and general
welfare of the District.
Section
3.
Findings, as contained in Ordinance #25-99, creating the Business
Improvement District is hereby amended and supplemented as follows:
a.
That the entire area within the Borough of Keyport, so designated
on the map attached hereto as “Schedule A”, inclusive
of all properties contained within said boundary, will benefit
from being designated as a Business Improvement District.
Section
4.
Section
9.
Assessment
Rate, as contained in Ordinance #25-99, creating a Business Improvement
District is hereby amended and supplemented as follows:
a.
Each business property in the Business Improvement District
shall be assessed by the Borough Tax Assessor at the rate of
$0.25 per $100.00 of assessed valuation.
Section
5.
Schedule
A of Ordinance #25-99 is hereby amended and replaced with the attached
“Schedule A” map, which conforms in all material, with
respect to said Ordinance as amended.
Section
6.
Schedule B of Ordinance #25-99 as last amended by ordinance #24-00
is hereby amended and replaced by the attached “Schedule B”
which conforms in all material with respect to said Ordinance as
amended.
Section
7.
All Ordinances and provisions thereof inconsistent with the provisions
of this Ordinance shall be and the same are hereby repealed as to
the extent of such inconsistencies.
Section
8.
If any
section, subsection, part, clause or phrase of this Ordinance shall
be declared invalid by judgement of any Court of competent jurisdiction,
the section, subsection, part, clause or phrase shall be deemed
to be severable from the remainder of this Ordinance.
Section
9.
This Ordinance shall take effect immediately upon final passage
and publication as required by law, effective March 14, 2002.
Offered for adoption by Mr. Merla, seconded by Mr. Hyer
Roll Call Vote: Ayes: Councilmembers Bergen, Atkins, Merla
Ashmore, Hyer, Stalter
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