Bill Text: NJ A3859 | 2010-2011 | Regular Session | Amended

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Bill Title: Requires approval of extending special improvement districts every 10 years by majority of affected property owners.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2011-05-19 - Withdrawn from Consideration [A3859 Detail]

Download: New_Jersey-2010-A3859-Amended.html

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[First Reprint]

ASSEMBLY, No. 3859

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED FEBRUARY 22, 2011

 

 

Sponsored by:

Assemblyman  ALBERT COUTINHO

District 29 (Essex and Union)

 

 

 

 

SYNOPSIS

     Requires approval of extending special improvement districts every 10 years by majority of affected property owners.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Commerce and Economic Development Committee on March 7, 2011, with amendments.

  

An Act concerning special improvement districts and supplementing P.L.1972, c.134 (C.40:56-65 et seq.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Notwithstanding the provisions to the contrary of any law or any rule or regulation adopted pursuant thereto, the governing body of a municipality that establishes a special improvement district pursuant to P.L.1972, c.134 (C.40:56-65 et seq.) shall, at intervals of every ten years from the date of the creation of the special improvement district, or by December 31, 2012 and every ten years thereafter where a special improvement district has been established for a period of more than ten years as of the effective date of this act, send by certified mail, return receipt requested, a ballot in the form of a question to each owner of real property situated within the boundaries of the special improvement district.  The form of the question on the ballot shall be as follows:

 

"Shall the.......(Name of municipality).......continue the special improvement district known as the.......(Name of Special Improvement District).......as provided by.......(Statutory Reference of Ordinance Establishing Special Improvement District).......?"

 

     If you favor the proposition printed above make a cross (X) or check (T) on the line opposite the word "Yes."  If you are opposed thereto make a cross (X) or check (T) on the line opposite the word "No."

 

Yes  _______                          NO  _______

 

Date..____________               Signature  _______________

 

Sworn before me, ................. (name), on this .......... (date) day of .................. (month), ......... (year),

 

STATE OF NEW JERSEY)    ss.        ........................

.......... (Name) County)            Attorney or Notary Public

 

     2.    An owner of real property situated within the boundaries of the special improvement district shall indicate the owner's decision and return the signed, dated, and notarized ballot to the clerk of the municipality within 30 days after receiving the ballot.  Where an owner of such real property is a corporation, the chief executive officer of the corporation shall be the person to make the decision. It shall be the duty of the municipal clerk to perform all the duties with regard to the distribution and collection of the ballots, and reporting the results of the question as would be required of a municipal clerk for any applicable duties pertaining to a referendum conducted by the municipality.

 

     3.    If a majority of those property owners ¹[voting] eligible to vote¹ on the question ¹either fail to respond or¹ vote in the negative, the governing body of the municipality shall, by ordinance, not less than 90 days following the referendum, dissolve the special improvement district and the district management corporation upon making adequate provision, in accordance with a bond resolution or otherwise, for the payment of all creditors or obligees of the special improvement district or district management corporation, and that adequate provision is made for the assumption of those services provided by the special improvement district or district management corporation which are necessary for the health, safety, and welfare of the recipients of those services.  In the event that the special improvement district or district management corporation have obligations outstanding at the time of the taking effect of the ordinance to dissolve the special improvement district or district management corporation, the municipality is authorized to either issue obligations in furtherance of the dissolution or assume the responsibility for and payment of the obligations of the special improvement district or district management corporation being dissolved.  ¹The municipality may impose an assessment for benefits on the property owners within the dissolved special improvement district in the same manner as in R.S.40:56-21 et seq. until the outstanding obligations of the district are satisfied.¹ If a majority of those property owners ¹[voting] eligible to vote¹ on the question ¹either fail to respond or¹ vote in the negative, the governing body of any such municipality shall be prohibited from establishing another special improvement district within the municipality for a period of ten years after the dissolution of the special improvement district that is the subject of the ballot question submitted as prescribed under section 1 of this act.

 

     4.    This act shall take effect immediately ¹and shall be operative immediately with respect to all special improvement districts that were established less than 10 years prior to the date of enactment, but shall remain inoperative until the first day of the thirteenth month next following enactment with respect to all special improvement districts that had been established for 10 years or more as of the date of enactment¹.