PRIOR PRINTER'S NO. 2073 PRINTER'S NO. 4001
No. 1620 Session of 2007
INTRODUCED BY M. O'BRIEN, McGEEHAN, J. TAYLOR, WALKO, CLYMER, DePASQUALE, JAMES, KIRKLAND, MAHONEY, PARKER, WHEATLEY, JOSEPHS, TANGRETTI, HENNESSEY, THOMAS AND SWANGER, JUNE 25, 2007
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 18, 2008
AN ACT 1 Amending the act of December 20, 2000 (P.L.949, No.130), 2 entitled "An act establishing Neighborhood Improvement 3 Districts; conferring powers and duties on municipal 4 corporations and neighborhood improvement districts; 5 providing for annual audits; and making repeals," further 6 providing for creation of neighborhood improvement district 7 management associations; ESTABLISHING CASINO NEIGHBORHOOD <-- 8 IMPROVEMENT DISTRICTS AND CASINO NEIGHBORHOOD IMPROVEMENT 9 DISTRICT MANAGEMENT ASSOCIATIONS; CONFERRING POWERS AND 10 DUTIES ON MUNICIPAL CORPORATIONS AND CASINO NEIGHBORHOOD 11 IMPROVEMENT DISTRICTS; IMPOSING A SPECIAL PROPERTY ASSESSMENT 12 FEE; PROVIDING FOR TOURISM AND MARKETING AND FOR ANNUAL 13 AUDITS; AND MAKING REPEALS. 14 The General Assembly of the Commonwealth of Pennsylvania 15 hereby enacts as follows: 16 Section 1. Section 6(d) of the act of December 20, 2000 <-- 17 (P.L.949, No.130), known as the Neighborhood Improvement 18 District Act, is amended to read: 19 Section 6. Creation of neighborhood improvement district 20 management association. 21 * * * 22 SECTION 1. THE TITLE OF THE ACT OF DECEMBER 20, 2000 <--
1 (P.L.949, NO.130), KNOWN AS THE NEIGHBORHOOD IMPROVEMENT 2 DISTRICT ACT, IS AMENDED TO READ: 3 AN ACT 4 ESTABLISHING NEIGHBORHOOD IMPROVEMENT DISTRICTS; CONFERRING 5 POWERS AND DUTIES ON MUNICIPAL CORPORATIONS AND NEIGHBORHOOD 6 IMPROVEMENT DISTRICTS; ESTABLISHING CASINO NEIGHBORHOOD 7 IMPROVEMENT DISTRICTS AND CASINO NEIGHBORHOOD IMPROVEMENT 8 DISTRICT MANAGEMENT ASSOCIATIONS; CONFERRING POWERS AND 9 DUTIES ON MUNICIPAL CORPORATIONS AND CASINO NEIGHBORHOOD 10 IMPROVEMENT DISTRICTS; IMPOSING A SPECIAL PROPERTY ASSESSMENT 11 FEE; AND PROVIDING FOR TOURISM AND MARKETING AND FOR ANNUAL 12 AUDITS[; AND MAKING REPEALS]. 13 SECTION 2. THE ACT IS AMENDED BY ADDING A CHAPTER HEADING TO 14 READ: 15 CHAPTER 1 16 PRELIMINARY PROVISIONS 17 SECTION 3. SECTION 1 OF THE ACT IS AMENDED TO READ: 18 SECTION [1] 101. SHORT TITLE. 19 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE NEIGHBORHOOD 20 IMPROVEMENT DISTRICT ACT. 21 SECTION 4. THE ACT IS AMENDED BY ADDING A CHAPTER HEADING TO 22 READ: 23 CHAPTER 3 24 NEIGHBORHOOD IMPROVEMENT DISTRICTS 25 SECTION 5. THE ACT IS AMENDED BY ADDING A SECTION TO READ: 26 SECTION 301. SCOPE OF CHAPTER. 27 THIS CHAPTER RELATES TO THE NEIGHBORHOOD IMPROVEMENT 28 DISTRICTS. 29 SECTION 6. SECTIONS 2, 3, 4, 5, 6, 7, 8, 9 AND 10 OF THE ACT 30 ARE AMENDED TO READ: 20070H1620B4001 - 2 -
1 SECTION [2] 302. LEGISLATIVE FINDINGS. 2 THE GENERAL ASSEMBLY FINDS THAT: 3 (1) EXISTING TAX RATES IN MANY MUNICIPALITIES ARE AT OR 4 NEAR THEIR STATUTORY CAP. 5 (2) THE GENERAL FUND REVENUE DERIVED FROM THESE TAXES 6 MANY TIMES IS NOT SUFFICIENT TO PROVIDE ADEQUATE MUNICIPAL 7 SERVICES OR ADDITIONAL SERVICES NEEDED IN SPECIFIC GEOGRAPHIC 8 AREAS WITHIN THE MUNICIPALITY, INCLUDING, BUT NOT LIMITED TO, 9 DOWNTOWN COMMERCIAL DISTRICTS. 10 (3) AS A RESULT, MUNICIPALITIES SHOULD BE ENCOURAGED TO 11 CREATE, WHERE FEASIBLE AND DESIRED, ASSESSMENT-BASED 12 NEIGHBORHOOD IMPROVEMENT DISTRICTS WHICH WOULD INCLUDE, BUT 13 NOT BE LIMITED TO, DOWNTOWN COMMERCIAL DISTRICTS. DESIGNATED 14 DISTRICT MANAGEMENT ASSOCIATIONS WOULD INITIATE AND 15 ADMINISTER PROGRAMS TO PROMOTE AND ENHANCE MORE ATTRACTIVE 16 AND SAFER COMMERCIAL, INDUSTRIAL, RESIDENTIAL AND MIXED-USE 17 NEIGHBORHOODS; ECONOMIC GROWTH; INCREASED EMPLOYMENT 18 OPPORTUNITIES; AND IMPROVED COMMERCIAL, INDUSTRIAL, BUSINESS 19 DISTRICTS AND BUSINESS CLIMATES. 20 (4) MUNICIPALITIES SHOULD BE GIVEN THE BROADEST POSSIBLE 21 DISCRETION IN ESTABLISHING BY LOCAL ORDINANCE THE TYPE OF 22 ASSESSMENT-BASED PROGRAMS MOST CONSISTENT WITH NEIGHBORHOOD 23 NEEDS, GOALS AND OBJECTIVES AS DETERMINED AND EXPRESSED BY 24 PROPERTY OWNERS IN THE DESIGNATED DISTRICT. 25 SECTION [3] 303. DEFINITIONS. 26 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS [ACT] 27 CHAPTER SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION 28 UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE: 29 "AUTHORITY." A BODY POLITIC AND CORPORATE, CREATED PURSUANT 30 TO THE ACT OF MAY 2, 1945 (P.L.382, NO.164), KNOWN AS THE 20070H1620B4001 - 3 -
1 MUNICIPALITY AUTHORITIES ACT OF 1945. 2 "BENEFITED PROPERTY." THOSE PROPERTIES LOCATED WITHIN A 3 NEIGHBORHOOD IMPROVEMENT DISTRICT WHICH PROFIT FROM DISTRICT 4 IMPROVEMENTS BASED ON A RATIONAL NEXUS TEST. PROPERTIES NEED NOT 5 PROFIT EQUALLY TO BE CONSIDERED TO HAVE BENEFITED. 6 "BONDS." THE TERM SHALL INCLUDE THE NOTES, BONDS AND OTHER 7 EVIDENCE OF INDEBTEDNESS OR OBLIGATIONS WHICH EACH MUNICIPAL 8 CORPORATION IS AUTHORIZED TO ISSUE UNDER SECTION [4(7)] 304(7). 9 "BUSINESS IMPROVEMENT." IN THE CASE OF NEIGHBORHOOD 10 IMPROVEMENT DISTRICT MANAGEMENT ASSOCIATIONS CREATED FOR THE 11 PURPOSE OF MAKING IMPROVEMENTS OR PROVIDING ADMINISTRATIVE 12 SERVICES WITHIN A NEIGHBORHOOD IMPROVEMENT DISTRICT, THE TERM 13 SHALL MEAN THOSE IMPROVEMENTS NEEDED IN SPECIFIC AREAS OR TO 14 INDIVIDUAL PROPERTIES, INCLUDING, BUT NOT LIMITED TO, SIDEWALKS, 15 RETAINING WALLS, STREET PAVING, PARKS, RECREATIONAL EQUIPMENT 16 AND FACILITIES, OPEN SPACE, STREET LIGHTING, PARKING LOTS, 17 PARKING GARAGES, TREES AND SHRUBBERY, PEDESTRIAN WALKS, SEWERS, 18 WATER LINES, REST AREAS AND THE ACQUISITION AND REHABILITATION 19 OR DEMOLITION OF BLIGHTED BUILDINGS OR STRUCTURES. 20 "BUSINESS IMPROVEMENT [DISTRICT."] DISTRICT" OR "BID." A 21 BUSINESS IMPROVEMENT DISTRICT (BID) CREATED PRIOR TO [THE 22 EFFECTIVE DATE OF THIS ACT] FEBRUARY 19, 2001, GOVERNED BY THE 23 ACT OF MAY 2, 1945 (P.L.382, NO.164), KNOWN AS THE MUNICIPALITY 24 AUTHORITIES ACT OF 1945, INSOFAR AS IT RELATES TO BUSINESS 25 IMPROVEMENT DISTRICTS OR 53 PA.C.S. CH. 54 (RELATING TO BUSINESS 26 IMPROVEMENT DISTRICTS). ON OR AFTER [THE EFFECTIVE DATE OF THIS 27 ACT] FEBRUARY 19, 2001, THE TERM SHALL MEAN A LIMITED 28 GEOGRAPHICAL AREA COMPRISED OF REAL PROPERTY WHICH IS USED FOR 29 ANY FOR-PROFIT ACTIVITY INVOLVING TRADE AND TRAFFIC, OR COMMERCE 30 IN GENERAL. 20070H1620B4001 - 4 -
1 "COMMERCIAL." RELATING TO OR ASSOCIATED WITH ANY FOR-PROFIT
2 ACTIVITY INVOLVING TRADE AND TRAFFIC OR COMMERCE IN GENERAL.
3 "CONSTRUCTION EXPENDITURES." PROPERTY AND RIGHT-OF-WAY
4 ACQUISITION COSTS WHERE APPLICABLE.
5 "COSTS OF IMPROVEMENTS." THE TERM INCLUDES ARCHITECTURAL
6 FEES, ENGINEERING FEES, ATTORNEY FEES, CONSULTING FEES,
7 PROFESSIONAL FEES, PRELIMINARY PLANNING EXPENDITURES,
8 FEASIBILITY STUDY EXPENDITURES, FINANCING COSTS AND ANY OTHER
9 EXPENDITURES NECESSARY AND INCIDENTAL TO THE DEVELOPMENT,
10 CONSTRUCTION OR COMPLETION OF THE IMPROVEMENT.
11 "DISTRICT ADVISORY COUNCIL." A COMMITTEE COMPRISED OF
12 PROPERTY OWNERS FROM A NEIGHBORHOOD IMPROVEMENT DISTRICT
13 ESTABLISHED UNDER SECTION [7(A)] 307(A) FOR THE PURPOSE OF
14 PROVIDING GUIDANCE AND DIRECTION TO THE NEIGHBORHOOD IMPROVEMENT
15 DISTRICT MANAGEMENT ASSOCIATION CONCERNING ASSOCIATION
16 ACTIVITIES WITHIN THE DISTRICT.
17 "INDUSTRIAL DISTRICT." A LIMITED GEOGRAPHICAL AREA COMPRISED
18 OF REAL PROPERTY WHICH IS USED PREDOMINANTLY FOR MANUFACTURING,
19 COMMERCIAL OR ANY OTHER ACTIVITY RELATED TO THE DISTRIBUTION OF
20 GOODS AND SERVICES AND INTERMEDIATE AND FINAL PRODUCTS,
21 INCLUDING, BUT NOT LIMITED TO, WAREHOUSING, SHIPPING,
22 TRANSPORTATION, REMANUFACTURING, STOCKPILING OF RAW MATERIALS,
23 REPAIR AND MAINTENANCE OF MACHINERY AND EQUIPMENT, STORAGE,
24 ADMINISTRATION OR BUSINESS ACTIVITIES AND RESEARCH AND
25 DEVELOPMENT.
26 "INSTITUTION." THE TERM INCLUDES, BUT IS NOT LIMITED TO,
27 COLLEGES, UNIVERSITIES, SCHOOLS, HOSPITALS, MUSEUMS, THEATERS,
28 CHURCHES, SYNAGOGUES, ART CENTERS OR SIMILAR FACILITIES.
29 "INSTITUTIONAL DISTRICT." A LIMITED GEOGRAPHICAL AREA
30 COMPRISED PREDOMINANTLY OF REAL PROPERTY ON WHICH EDUCATIONAL,
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1 HEALTH-RELATED OR CULTURAL ACTIVITIES OCCUR WITHIN BUILDINGS AND 2 STRUCTURES, INCLUDING, BUT NOT LIMITED TO, COLLEGES, 3 UNIVERSITIES, SCHOOLS, HOSPITALS, MUSEUMS, THEATERS, CHURCHES, 4 SYNAGOGUES AND ART CENTERS. 5 "MIXED-USE DISTRICT." A LIMITED GEOGRAPHICAL AREA COMPRISED 6 OF REAL PROPERTY USED FOR ANY OR ALL PURPOSES CONTAINED WITHIN A 7 BUSINESS, RESIDENTIAL, INDUSTRIAL OR INSTITUTIONAL DISTRICT. 8 "MUNICIPAL CORPORATION." THE BODY OR BOARD AUTHORIZED BY LAW 9 TO ENACT ORDINANCES OR ADOPT RESOLUTIONS FOR THE PARTICULAR 10 MUNICIPALITY. 11 "MUNICIPALITY." WITH THE EXCEPTION OF [CITIES] A CITY OF THE 12 FIRST CLASS, ANY CITY, BOROUGH, INCORPORATED TOWN, TOWNSHIP, 13 HOME RULE, OPTIONAL PLAN OR OPTIONAL CHARTER MUNICIPALITY 14 LOCATED WITHIN THIS COMMONWEALTH. 15 "MUNICIPALITY AUTHORITIES ACT." THE FORMER ACT OF MAY 2, 16 1945 (P.L.382, NO.164), KNOWN AS THE MUNICIPALITY AUTHORITIES 17 ACT OR 53 PA.C.S. CH. 56 (RELATING TO MUNICIPAL AUTHORITIES). 18 "NEIGHBORHOOD." A LIMITED GEOGRAPHIC AREA WITHIN A 19 MUNICIPALITY ESTABLISHING A NEIGHBORHOOD IMPROVEMENT DISTRICT, 20 THE LIMITS OF WHICH FORM THE NEIGHBORHOOD IMPROVEMENT DISTRICT 21 BOUNDARY. 22 "NEIGHBORHOOD IMPROVEMENT." [IMPROVEMENTS] AN IMPROVEMENT 23 NEEDED IN SPECIFIC GEOGRAPHIC AREAS OR TO INDIVIDUAL PROPERTIES 24 WITHIN THOSE AREAS, INCLUDING, BUT NOT LIMITED TO, SIDEWALKS, 25 RETAINING WALLS, STREET PAVING, PARKS, RECREATIONAL EQUIPMENT 26 AND FACILITIES, OPEN SPACE, STREET LIGHTING, PARKING LOTS, TREES 27 AND SHRUBBERY, SEWERS, WATER LINES, REST AREAS AND THE 28 ACQUISITION AND REHABILITATION OR DEMOLITION OF DETERIORATED 29 BUILDINGS OR STRUCTURES. 30 "NEIGHBORHOOD IMPROVEMENT [DISTRICT."] DISTRICT" OR "NID." A 20070H1620B4001 - 6 -
1 LIMITED GEOGRAPHIC AREA WITHIN A MUNICIPALITY, IN WHICH A 2 SPECIAL ASSESSMENT IS LEVIED ON ALL DESIGNATED PROPERTY, OTHER 3 THAN TAX-EXEMPT PROPERTY, FOR THE PURPOSE OF PROMOTING THE 4 ECONOMIC AND GENERAL WELFARE OF THE DISTRICT AND THE 5 MUNICIPALITY[, HEREINAFTER REFERRED TO AS NID]. SUCH DISTRICTS 6 SHALL BE REFERRED TO GENERALLY AS NEIGHBORHOOD IMPROVEMENT 7 DISTRICT (NID) AND SPECIFICALLY AS BUSINESS IMPROVEMENT DISTRICT 8 (BID), RESIDENTIAL IMPROVEMENT DISTRICT (RID), INDUSTRIAL 9 IMPROVEMENT DISTRICT (IID), INSTITUTIONAL IMPROVEMENT DISTRICT 10 (INID) OR MIXED-USE IMPROVEMENT DISTRICT (MID), DEPENDING ON THE 11 TYPE DISTRICT ESTABLISHED. A DESIGNATED PROPERTY MAY NOT BE 12 INCLUDED IN MORE THAN ONE NEIGHBORHOOD IMPROVEMENT DISTRICT. 13 "NEIGHBORHOOD IMPROVEMENT DISTRICT MANAGEMENT [ASSOCIATION."] 14 ASSOCIATION" OR "NIDMA." THE GOVERNING BODY WHICH OVERSEES THE 15 MANAGEMENT OF NEIGHBORHOOD IMPROVEMENT DISTRICTS IN A 16 MUNICIPALITY AS ESTABLISHED UNDER SECTION [5, WHICH HEREINAFTER 17 SHALL BE REFERRED TO AS THE NIDMA] 305. SUCH BODY SHALL BE 18 INCORPORATED AS A NONPROFIT CORPORATION IN THIS COMMONWEALTH OR 19 AN AUTHORITY AS ESTABLISHED PURSUANT TO THE [ACT OF MAY 2, 1945 20 (P.L.382, NO.164), KNOWN AS THE] MUNICIPALITY AUTHORITIES ACT 21 [OF 1945]. 22 "NEIGHBORHOOD IMPROVEMENT DISTRICT [PLAN."] PLAN" OR "NIDP." 23 THE STRATEGIC PLAN FOR NEIGHBORHOOD IMPROVEMENTS REQUIRED BY 24 SECTION [5, HEREINAFTER REFERRED TO AS NIDP] 305, AND ALL 25 PROJECTS, PROGRAMS AND SUPPLEMENTAL SERVICES TO BE PROVIDED 26 WITHIN THE DISTRICT TO IMPLEMENT THE PLAN BY THE NEIGHBORHOOD 27 IMPROVEMENT DISTRICT MANAGEMENT ASSOCIATION. 28 "NEIGHBORHOOD IMPROVEMENT DISTRICT SERVICES." IN THE CASE OF 29 NEIGHBORHOOD IMPROVEMENT DISTRICT MANAGEMENT ASSOCIATIONS 30 CREATED FOR THE PURPOSE OF MAKING IMPROVEMENTS OR PROVIDING 20070H1620B4001 - 7 -
1 EXPANDED SERVICES WITHIN ANY NEIGHBORHOOD BUSINESS IMPROVEMENT 2 DISTRICTS ESTABLISHED, THE TERM SHALL INCLUDE, BUT NOT BE 3 LIMITED TO, THOSE SERVICES WHICH IMPROVE THE ABILITY OF THE 4 COMMERCIAL ESTABLISHMENTS WITHIN THE DISTRICT TO SERVE THE 5 CONSUMER, SUCH AS FREE OR REDUCED-FEE PARKING FOR CUSTOMERS, 6 TRANSPORTATION-RELATED EXPENSES, PUBLIC RELATIONS PROGRAMS, 7 GROUP ADVERTISING AND DISTRICT MAINTENANCE AND SECURITY 8 SERVICES. FOR SERVICES PROVIDED WITHIN ANY RESIDENTIAL, 9 INDUSTRIAL, INSTITUTIONAL OR MIXED-USE NEIGHBORHOOD IMPROVEMENT 10 DISTRICT, THE TERM SHALL INCLUDE, BUT NOT BE LIMITED TO, THOSE 11 SERVICES WHICH IMPROVE THE ABILITY OF PROPERTY OWNERS TO ENJOY A 12 SAFER AND MORE ATTRACTIVE NEIGHBORHOOD THROUGH THE PROVISION OF 13 INCREASED OR EXPANDED SERVICES, INCLUDING STREET LIGHTING, 14 STREET CLEANING, STREET MAINTENANCE, PARKS, RECREATIONAL 15 EQUIPMENT AND FACILITIES, OPEN SPACE AND/OR SECURITY SERVICES. 16 "NONPROFIT CORPORATION." A LEGAL ENTITY THAT IS INCORPORATED 17 WITHIN THIS COMMONWEALTH AND SPECIFIES IN ITS CHARTER OR BYLAWS 18 THAT NO PART OF THE NET EARNINGS MAY BENEFIT ANY PRIVATE 19 SHAREHOLDER OR INDIVIDUAL HOLDING INTEREST IN SUCH ENTITY. 20 "PRIVATE SECURITY OFFICER." ANY PERSON OR FIRM EMPLOYED BY 21 THE NEIGHBORHOOD IMPROVEMENT DISTRICT MANAGEMENT ASSOCIATION FOR 22 THE PURPOSE OF PROVIDING INCREASED SECURITY OR PROTECTIVE PATROL 23 SERVICES WITHIN THE NEIGHBORHOOD IMPROVEMENT DISTRICT. THE TERM 24 MAY INCLUDE OFF-DUTY POLICE OFFICERS PROVIDED THAT THE USE OF 25 SUCH OFFICERS FOR THIS PURPOSE IS APPROVED BY THE GOVERNING BODY 26 OF THE MUNICIPALITY IN WHICH THE NEIGHBORHOOD IMPROVEMENT 27 DISTRICT IS LOCATED OR THE MUNICIPALITY WHERE THE OFFICER IS 28 EMPLOYED IF DIFFERENT. 29 "PROJECT." THE ACQUISITION, DEVELOPMENT, CONSTRUCTION, 30 IMPROVEMENT, REHABILITATION, OPERATION AND/OR MAINTENANCE OF ANY 20070H1620B4001 - 8 -
1 BUILDING, FACILITY, EQUIPMENT OR STRUCTURE, BY PURCHASE, LEASE 2 OR CONTRACT, BY A NEIGHBORHOOD IMPROVEMENT DISTRICT MANAGEMENT 3 ASSOCIATION TO FACILITATE NEIGHBORHOOD AND BUSINESS IMPROVEMENTS 4 AS AUTHORIZED BY THIS [ACT] CHAPTER. 5 "RATIONAL NEXUS." THE LEGAL PRINCIPLE WHICH REQUIRES THAT 6 THERE IS A RATIONAL, DEFINABLE BENEFIT WHICH ACCRUES TO ANY 7 PROPERTY OWNER ASSESSED A FEE FOR SAID BENEFIT IN A NEIGHBORHOOD 8 IMPROVEMENT DISTRICT CREATED UNDER THIS [ACT] CHAPTER. ALL 9 PROPERTY OWNERS WITHIN A DESIGNATED NEIGHBORHOOD IMPROVEMENT 10 DISTRICT PAYING A SPECIAL ASSESSMENT FEE MUST BENEFIT DIRECTLY 11 OR INDIRECTLY FROM FACILITIES OR SERVICES PROVIDED BY A 12 NEIGHBORHOOD IMPROVEMENT DISTRICT MANAGEMENT ASSOCIATION WITHIN 13 THE NEIGHBORHOOD IMPROVEMENT DISTRICT, PROVIDED, HOWEVER, THAT 14 PROPERTY OWNERS NEED NOT BENEFIT EQUALLY. 15 "RESIDENTIAL DISTRICT." A LIMITED GEOGRAPHICAL AREA 16 COMPRISED OF REAL PROPERTY CONSISTING PREDOMINANTLY OF BUILDINGS 17 AND STRUCTURES FOR HOUSING INDIVIDUALS AND FAMILIES, INCLUDING, 18 BUT NOT LIMITED TO, SINGLE-FAMILY DETACHED HOMES, SINGLE-FAMILY 19 SEMIDETACHED HOMES, TOWNHOUSES, CONDOMINIUMS, APARTMENTS, 20 MANUFACTURED HOMES, MODULAR HOMES OR ANY COMBINATION OF SAME. 21 "SERVICE AREA." THE AREA WITHIN THE BOUNDARIES OF THE 22 NEIGHBORHOOD IMPROVEMENT DISTRICT ESTABLISHED BY A MUNICIPALITY 23 UNDER THIS [ACT] CHAPTER IN WHICH THE NEIGHBORHOOD IMPROVEMENT 24 DISTRICT MANAGEMENT ASSOCIATION PROVIDES PROGRAMS, SERVICES AND 25 IMPROVEMENTS. THE TERM MAY ALSO INCLUDE AN AREA OUTSIDE OF THE 26 NEIGHBORHOOD IMPROVEMENT DISTRICT WHERE SERVICES ARE BEING 27 PROVIDED BY THE NEIGHBORHOOD IMPROVEMENT DISTRICT MANAGEMENT 28 ASSOCIATION UNDER CONTRACT. 29 "SPECIAL ASSESSMENT FEE." THE FEE ASSESSED ON PROPERTY 30 OWNERS WITHIN A NEIGHBORHOOD IMPROVEMENT DISTRICT LEVIED BY THE 20070H1620B4001 - 9 -
1 MUNICIPALITY ESTABLISHING A NEIGHBORHOOD IMPROVEMENT DISTRICT 2 UNDER SECTION [4(10)] 304(10) FOR THE PURPOSES OF PROVIDING 3 PROGRAMS, IMPROVEMENTS AND SERVICES UNDER SECTION [7] 307. 4 "SUNSET PROVISION." THE TERM MEANS A PROVISION IN THE 5 NEIGHBORHOOD IMPROVEMENT DISTRICT PLAN UNDER SECTION [5(C)] 6 305(C), ESTABLISHING A NEIGHBORHOOD IMPROVEMENT DISTRICT, WHICH 7 PROVIDES FOR THE AUTOMATIC TERMINATION OF THE NEIGHBORHOOD 8 IMPROVEMENT DISTRICT ON A DATE SPECIFIED IN THE NEIGHBORHOOD 9 IMPROVEMENT DISTRICT PLAN AND IN THE MUNICIPAL ORDINANCE 10 ESTABLISHING THE NEIGHBORHOOD IMPROVEMENT DISTRICT. THE 11 NEIGHBORHOOD IMPROVEMENT DISTRICT MAY BE CONTINUED BEYOND THAT 12 DATE, PROVIDED THE MUNICIPAL ENABLING ORDINANCE CREATING THE 13 ORIGINAL NEIGHBORHOOD IMPROVEMENT DISTRICT IS REENACTED, 14 FOLLOWING A REVIEW OF THE NEIGHBORHOOD IMPROVEMENT DISTRICT AND 15 THE NEIGHBORHOOD IMPROVEMENT DISTRICT MANAGEMENT ASSOCIATION 16 PROGRAMS AND SERVICES PROVIDED WITHIN THE NEIGHBORHOOD 17 IMPROVEMENT DISTRICT, BY THE MUNICIPALITY. 18 SECTION [4] 304. POWERS OF MUNICIPAL CORPORATION. 19 EVERY MUNICIPAL CORPORATION SHALL HAVE THE POWER: 20 (1) TO ESTABLISH WITHIN THE MUNICIPALITY AN AREA OR 21 AREAS DESIGNATED AS AN NID. 22 (2) TO ESTABLISH AN AUTHORITY TO ADMINISTER THE NID OR 23 TO DESIGNATE AN EXISTING COMMUNITY DEVELOPMENT CORPORATION OR 24 OTHER EXISTING NONPROFIT CORPORATION TO ADMINISTER SAME OR TO 25 CREATE A COMMUNITY DEVELOPMENT CORPORATION OR OTHER NONPROFIT 26 CORPORATION TO ADMINISTER SAME UNDER SECTIONS [6 AND 7] 306 27 AND 307. 28 (3) TO APPROPRIATE AND EXPEND, IN ACCORDANCE WITH THE 29 SPECIFIC PROVISIONS OF THE MUNICIPAL ENABLING ORDINANCE, 30 MUNICIPAL FUNDS AS MAY BE REQUIRED TO: 20070H1620B4001 - 10 -
1 (I) ACQUIRE BY PURCHASE OR LEASE REAL OR PERSONAL
2 PROPERTY DEEMED NECESSARY TO EFFECTUATE THE PURPOSES OF
3 THE NID.
4 (II) PREPARE OR HAVE PREPARED PRELIMINARY PLANNING
5 OR FEASIBILITY STUDIES TO DETERMINE NEEDED IMPROVEMENTS
6 IN AN NID, INCLUDING, BUT NOT LIMITED TO, CAPITAL
7 IMPROVEMENTS, TRADITIONAL STREETSCAPE AND BUILDING
8 RENOVATIONS, RETAINING WALLS, STREET PAVING, STREET
9 LIGHTING, PARKING LOTS, PARKING GARAGES, TREES AND
10 SHRUBBERY, PEDESTRIAN WALKS, SEWERS, WATER LINES, REST
11 AREAS, ACQUISITION, REHABILITATION OR DEMOLITION OF
12 BLIGHTED BUILDINGS AND STRUCTURES, GRAFFITI REMOVAL,
13 SECURITY, MARKETING, PROMOTIONS, ADVERTISING, BUSINESS
14 RETENTION AND RECRUITMENT ACTIVITIES, MASTER LEASING AND
15 PROPERTY MANAGEMENT, JOINT ADVERTISING, RESEARCH AND
16 PLANNING AS WELL AS THE PROVISION OF ADDITIONAL SERVICES
17 TO SUPPLEMENT, NOT REPLACE, EXISTING MUNICIPAL SERVICES
18 PROVIDED WITHIN THE NID.
19 (4) TO ADVANCE FUNDS TO AN NIDMA AS MAY BE REQUIRED TO
20 CARRY OUT THE PURPOSES OF THIS [ACT] CHAPTER.
21 (5) TO COLLECT SPECIAL PROPERTY ASSESSMENTS ON BEHALF OF
22 THE NIDMA LEVIED ON DESIGNATED PROPERTY OWNERS WITHIN THE NID
23 AND TO EMPLOY ANY LEGAL METHODS TO INSURE COLLECTION OF THE
24 ASSESSMENTS.
25 (6) TO ACQUIRE BY GIFT, PURCHASE OR EMINENT DOMAIN,
26 LAND, REAL PROPERTY OR RIGHTS-OF-WAY WHICH MAY BE NEEDED FOR
27 THE PURPOSES OF MAKING PHYSICAL IMPROVEMENTS WITHIN THE NID.
28 (7) TO ISSUE BONDS, NOTES OR GUARANTEES, IN ACCORDANCE
29 WITH THE PROVISIONS OF GENERAL LAWS IN THE AMOUNTS AND FOR
30 THE PERIODS NECESSARY, TO FINANCE NEEDED IMPROVEMENTS WITHIN
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1 ANY NID. 2 (8) TO REVIEW ALL PROPOSED EXPENDITURES OF FUNDS WITHIN 3 NIDS BY NIDMAS AND SUGGEST CHANGES TO SAME WHERE A NONPROFIT 4 CORPORATION IS THE NIDMA. 5 (9) TO INCLUDE A SUNSET PROVISION OF NO LESS THAN FIVE 6 YEARS IN THE MUNICIPAL ENABLING ORDINANCE CREATING THE NID 7 AND IN THE CONTRACT WITH THE NIDMA. 8 (10) TO LEVY AN ASSESSMENT FEE ON PROPERTY OWNERS 9 LOCATED WITHIN AN NID NEEDED TO FINANCE ADDITIONAL 10 SUPPLEMENTAL PROGRAMS, SERVICES AND IMPROVEMENTS TO BE 11 PROVIDED OR MADE BY THE NIDMA. 12 SECTION [5] 305. CREATION OF NEIGHBORHOOD IMPROVEMENT DISTRICT. 13 (A) ESTABLISHMENT.-- 14 (1) THE GOVERNING BODY OF THE MUNICIPALITY OR ANY 15 MUNICIPAL BUSINESSES OR RESIDENTS OR COMBINATION THEREOF MAY 16 INITIATE ACTION TO ESTABLISH AN NID OR NIDS WITHIN THE 17 MUNICIPALITY UNDER THIS [ACT] CHAPTER. 18 (2) IN THE CASE OF BUSINESSES OR RESIDENTS OR BOTH 19 DESIRING TO ESTABLISH AN NID WHERE THE MUNICIPALITY HAS NOT 20 TAKEN ACTION TO DO SO, THE GOVERNING BODY OF THE MUNICIPALITY 21 MAY BE PETITIONED TO ESTABLISH AN NID UNDER THE PROCEDURES 22 PROVIDED FOR BY THIS [ACT] CHAPTER. 23 (3) IN NO CASE WHERE THE GOVERNING BODY OF A 24 MUNICIPALITY IS PETITIONED TO ESTABLISH AN NID UNDER 25 PARAGRAPH (2) SHALL THE MUNICIPALITY BE REQUIRED TO ESTABLISH 26 AN NID. 27 (B) SPECIFIC PROCEDURES.-- 28 (1) A COPY OF EVERYTHING REQUIRED UNDER THIS SECTION, AS 29 WELL AS THE DATE, LOCATION AND TIME OF ANY PUBLIC HEARING 30 REQUIRED BY THIS [ACT] CHAPTER, SHALL BE PROVIDED BY THE 20070H1620B4001 - 12 -
1 MUNICIPAL CORPORATION TO ALL PROPERTY OWNERS AND LESSEES OF 2 PROPERTY OWNERS LOCATED IN THE PROPOSED NID AT LEAST 30 DAYS 3 PRIOR TO THE FIRST PUBLIC HEARING REQUIRED BY THIS SECTION. 4 (2) AT LEAST ONE PUBLIC HEARING, NO EARLIER THAN 15 DAYS 5 APART, FOR THE PURPOSE OF RECEIVING PUBLIC COMMENT FROM 6 AFFECTED PROPERTY OWNERS WITHIN THE PROPOSED NID, ON THE 7 PROPOSED NIDP, SHALL BE HELD BY THE MUNICIPALITY BEFORE THE 8 ESTABLISHMENT OF AN NID. NOTICE OF THE HEARING SHALL BE 9 ADVERTISED AT LEAST TEN DAYS PRIOR THERETO IN A NEWSPAPER OF 10 GENERAL CIRCULATION IN THE MUNICIPALITY. 11 (3) ANY OBJECTIONS BY PROPERTY OWNERS WITHIN THE 12 PROPOSED NID MUST BE MADE IN WRITING BY PERSONS REPRESENTING 13 THE OWNERSHIP OF 40%, IN NUMBERS, OF THE BENEFITED PROPERTIES 14 WITHIN THE NID. OBJECTIONS MUST BE SIGNED BY THE PROPERTY 15 OWNER AND FILED IN THE OFFICE OF THE CLERK FOR THE GOVERNING 16 BODY OF THE MUNICIPALITY IN WHICH THE NID IS PROPOSED. 17 (C) CONTENTS OF PRELIMINARY PLAN.--THE PLAN SHALL INCLUDE 18 THE FOLLOWING: 19 (1) A MAP INDICATING THE BOUNDARIES, BY STREET, OF THE 20 PROPOSED NID; HOWEVER, A DESIGNATED PROPERTY MAY NOT BE 21 INCLUDED IN MORE THAN ONE NID. 22 (2) A WRITTEN REPORT FROM THE MUNICIPALITY CONTAINING: 23 (I) THE NAME OF THE PROPOSED DISTRICT. 24 (II) A DETAILED DESCRIPTION OF THE SERVICE AREAS OF 25 THE PROPOSED DISTRICT. 26 (III) A LIST OF ALL PROPERTIES TO BE ASSESSED. 27 (IV) A LIST OF PROPOSED IMPROVEMENTS WITHIN THE NID 28 AND THEIR ESTIMATED COST. 29 (V) A PROPOSED BUDGET FOR THE FIRST FISCAL YEAR, 30 INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: PERSONNEL 20070H1620B4001 - 13 -
1 AND ADMINISTRATION, PROGRAMS AND SERVICES, MAINTENANCE
2 AND OPERATION, AND CAPITAL EXPENDITURES.
3 (VI) THE PROPOSED REVENUE SOURCES FOR FINANCING ALL
4 PROPOSED IMPROVEMENTS, PROGRAMS AND SERVICES.
5 (VII) THE ESTIMATED TIME FOR IMPLEMENTATION AND
6 COMPLETION OF ALL PROPOSED IMPROVEMENTS, PROGRAMS AND
7 SERVICES.
8 (VIII) A STATEMENT IDENTIFYING THE ADMINISTRATIVE
9 BODY WHICH WILL GOVERN AND ADMINISTER THE NID.
10 (IX) ANY OTHER INFORMATION, INCLUDING THE STATUTORY
11 AUTHORITY OR, IN THE CASE OF A NONPROFIT CORPORATION, THE
12 BYLAWS, WHICH DESCRIBE THE POWERS AND DUTIES OF AND THE
13 METHOD FOR MAKING DECISIONS BY THE NIDMA.
14 (X) THE METHOD OF DETERMINING THE AMOUNT OF THE
15 ASSESSMENT FEE TO BE LEVIED ON PROPERTY OWNERS WITHIN THE
16 NID UNDER SECTION [7] 307.
17 (3) IN ADDITION, THE PLAN SHALL ALSO:
18 (I) IDENTIFY IN DETAIL THE SPECIFIC DUTIES AND
19 RESPONSIBILITIES OF BOTH THE NIDMA AND THE MUNICIPAL
20 CORPORATION WITH RESPECT TO THE NID.
21 (II) REQUIRE THAT A WRITTEN AGREEMENT BE SIGNED BY
22 THE MUNICIPAL CORPORATION AND THE NIDMA DESCRIBING IN
23 DETAIL THEIR RESPECTIVE DUTIES AND RESPONSIBILITIES.
24 (III) ALLOW FOR AND ENCOURAGE TAX-EXEMPT PROPERTY
25 OWNERS LOCATED WITHIN THE NID TO PROVIDE IN-KIND SERVICES
26 OR A FINANCIAL CONTRIBUTION TO THE NIDMA, IF NOT
27 ASSESSED, IN LIEU OF A PROPERTY ASSESSMENT FEE.
28 (IV) REQUIRE IN THE AGREEMENT BETWEEN THE MUNICIPAL
29 CORPORATION AND THE NIDMA THAT THE MUNICIPALITY MUST
30 MAINTAIN THE SAME LEVEL OF MUNICIPAL PROGRAMS AND
20070H1620B4001 - 14 -
1 SERVICES PROVIDED WITHIN THE NID BEFORE NID DESIGNATION 2 AS AFTER NID DESIGNATION. 3 (V) ALLOW THE MUNICIPAL CORPORATION THE RIGHT TO 4 INCLUDE IN THE AGREEMENT WITH THE NIDMA AND IN THE 5 ENABLING ORDINANCE ESTABLISHING THE NID A SUNSET 6 PROVISION OF NO LESS THAN FIVE YEARS FOR RENEWAL OF THE 7 AGREEMENT. 8 (VI) REQUIRE IN THE AGREEMENT WITH THE NIDMA THAT 9 THE MUNICIPALITY ESTABLISHING AN NID SHALL BE RESPONSIBLE 10 FOR THE COLLECTION OF ALL PROPERTY ASSESSMENT FEES LEVIED 11 WITHIN THE NID IF SO DESIRED BY THE NIDMA. 12 (VII) PROVIDE THAT A NEGATIVE VOTE OF AT LEAST 40% 13 OF THE PROPERTY OWNERS WITHIN THE NID PROPOSED IN THE 14 FINAL PLAN SHALL BE REQUIRED TO DEFEAT THE ESTABLISHMENT 15 OF THE PROPOSED NID BY FILING OBJECTIONS WITH THE CLERK 16 FOR THE GOVERNING BODY OF THE MUNICIPALITY WITHIN 45 DAYS 17 OF PRESENTATION OF THE FINAL PLAN WHERE THE GOVERNING 18 BODY OF MUNICIPALITY IS INCLINED TO ESTABLISH THE NID. 19 (D) FINAL PLAN.--PRIOR TO THE ESTABLISHMENT OF AN NID, THE 20 MUNICIPALITY SHALL SUBMIT A REVISED FINAL PLAN TO PROPERTY 21 OWNERS LOCATED WITHIN THE PROPOSED NID WHICH INCORPORATES 22 CHANGES MADE TO THE PLAN BASED ON COMMENTS FROM AFFECTED 23 PROPERTY OWNERS WITHIN THE NID PROVIDED AT THE PUBLIC HEARINGS 24 OR AT SOME OTHER TIME. CHANGES TO THE FINAL PLAN WHICH DIFFER 25 FROM THE PRELIMINARY PLAN SHALL ALSO BE SO INDICATED IN AN 26 EASILY DISCERNIBLE METHOD FOR THE READER, INCLUDING, BUT NOT 27 LIMITED TO, CHANGES BEING IN BOLDFACED OR ITALICIZED TYPE. 28 (E) PUBLIC HEARING.--AT LEAST ONE PUBLIC HEARING FOR THE 29 PURPOSE OF RECEIVING PUBLIC COMMENT ON ANY REVISIONS TO THE 30 PRELIMINARY PLAN MADE FOLLOWING SUGGESTIONS BY AFFECTED PROPERTY 20070H1620B4001 - 15 -
1 OWNERS WITHIN THE PROPOSED NID AND REFLECTED IN THE FINAL NIDP 2 SHALL BE HELD BY THE MUNICIPAL CORPORATION BEFORE ENACTING AN 3 ORDINANCE ESTABLISHING AN NID. NOTICE OF THE HEARING SHALL BE 4 ADVERTISED AT LEAST TEN DAYS PRIOR THERETO IN A NEWSPAPER OF 5 GENERAL CIRCULATION IN THE MUNICIPALITY. 6 (F) VETO OF FINAL PLAN FOR NID.-- 7 (1) FOLLOWING THE LAST PUBLIC HEARING REQUIRED UNDER 8 SUBSECTION (E) OR UNDER SUBSECTION (G) IF AN AMENDMENT TO THE 9 FINAL PLAN, AFFECTED PROPERTY OWNERS LOCATED WITHIN A 10 PROPOSED NID SHALL HAVE 45 DAYS FROM THE DATE OF THE HEARING 11 TO OBJECT TO AND DISAPPROVE THE FINAL PLAN OR ANY AMENDMENT 12 TO THE FINAL PLAN UNDER THE REQUIREMENTS OF SUBSECTION 13 (B)(3). 14 (2) IF 40% OR MORE OF THE AFFECTED PROPERTY OWNERS 15 WITHIN THE PROPOSED NID FAIL TO REGISTER THEIR DISAPPROVAL OF 16 THE FINAL PLAN OR AMENDMENT TO THE FINAL PLAN IN WRITING WITH 17 THE CLERK OF THE GOVERNING BODY OF THE MUNICIPALITY IN WHICH 18 THE NID IS PROPOSED, THE GOVERNING BODY OF THE MUNICIPALITY 19 MAY, FOLLOWING THE 45-DAY PERIOD, ENACT A MUNICIPAL ORDINANCE 20 ESTABLISHING AN NID UNDER THIS [ACT] CHAPTER OR, IN THE CASE 21 OF AN AMENDMENT TO THE FINAL PLAN, ADOPT ANY AMENDMENTS TO 22 THE ORDINANCE. 23 (G) AMENDMENTS TO FINAL PLAN.-- 24 (1) THE FINAL PLAN MAY BE AMENDED BY THE NIDMA ANY TIME 25 AFTER THE ESTABLISHMENT OF AN NID, PURSUANT TO THE PROVISIONS 26 OF THIS [ACT] CHAPTER, UPON THE RECOMMENDATION OF THE NIDMA 27 BOARD, PROVIDED THERE IS CONCURRENCE WITH 60% OF THE PROPERTY 28 OWNERS WITHIN THE NID. 29 (2) AMENDMENTS TO THE FINAL PLAN WHICH ALSO REQUIRE THE 30 APPROVAL OF THE GOVERNING BODY OF THE MUNICIPALITY 20070H1620B4001 - 16 -
1 ESTABLISHING THE NID INCLUDE: 2 (I) SUBSTANTIALLY CHANGED OR ADDED PROGRAMS, 3 IMPROVEMENTS AND/OR SERVICES TO BE PROVIDED IN THE NID. 4 (II) INCREASED EXPENDITURES AFFECTING MORE THAN 25% 5 OF THE TOTAL NIDMA BUDGET FOR THE FISCAL YEAR. 6 (III) INCURRING INCREASED INDEBTEDNESS. 7 (IV) CHANGING THE ASSESSMENT FEE STRUCTURE LEVIED ON 8 PROPERTY OWNERS IN THE NID. 9 (V) CHANGING THE LEGAL ENTITY (NIDMA) WHICH PROVIDES 10 PROGRAMS, IMPROVEMENTS AND SERVICES WITHIN THE NID. 11 (VI) CHANGING THE NID SERVICE AREA BOUNDARY. 12 PRIOR TO THE GOVERNING BODY OF THE MUNICIPALITY APPROVING ANY 13 OF THE CHANGES IN THIS PARAGRAPH, THE GOVERNING BODY SHALL 14 HOLD AT LEAST ONE PUBLIC HEARING TO DETERMINE THAT SUCH 15 CHANGES ARE IN THE PUBLIC INTEREST AS IT RELATES TO AFFECTED 16 PROPERTY OWNERS WITHIN THE NID. 17 (3) THE MUNICIPALITY SHALL PROVIDE PUBLIC NOTICE OF THE 18 HEARING FOR ANY AMENDMENTS BY PUBLICATION OF A NOTICE IN AT 19 LEAST ONE NEWSPAPER HAVING A GENERAL CIRCULATION IN THE NID 20 SPECIFYING THE TIME AND THE PLACE OF SUCH HEARING AND THE 21 AMENDMENTS TO BE CONSIDERED. THIS NOTICE SHALL BE PUBLISHED 22 ONCE AT LEAST 10 DAYS PRIOR TO THE DATE OF THE HEARING. 23 (4) THE GOVERNING BODY OF THE MUNICIPALITY MAY WITHIN 30 24 DAYS FOLLOWING THE PUBLIC HEARING AND AT ITS SOLE DISCRETION 25 APPROVE OR DISAPPROVE OF ANY AMENDMENTS TO THE PLAN. IF 26 APPROVED, SUCH AMENDMENTS SHALL BE EFFECTIVE UPON THE DATE OF 27 SUCH APPROVAL. 28 (5) PRIOR TO THE ADOPTION OF ANY AMENDMENT TO THE NID 29 BOUNDARY WHICH INCREASES THE SIZE OF THE NID, ANY OWNER OF 30 PROPERTY TO BE ADDED TO THE NID SHALL BE NOTIFIED OF THE 20070H1620B4001 - 17 -
1 DATE, TIME AND LOCATION OF THE PUBLIC HEARING ON THE PROPOSED 2 AMENDMENT TO THE FINAL PLAN AND PROVIDED ALL INFORMATION 3 REQUIRED BY SUBSECTION (C). 4 SECTION [6] 306. CREATION OF NEIGHBORHOOD IMPROVEMENT DISTRICT 5 MANAGEMENT ASSOCIATION. 6 (A) ASSOCIATION DESIGNATED.--WHEN A MUNICIPALITY ESTABLISHES 7 AN NID UNDER THIS [ACT] CHAPTER, A NEIGHBORHOOD IMPROVEMENT 8 DISTRICT MANAGEMENT ASSOCIATION SHALL BE DESIGNATED BY THE 9 GOVERNING BODY OF THE MUNICIPALITY IN WHICH THE NID IS TO BE 10 LOCATED TO ADMINISTER PROGRAMS, IMPROVEMENTS AND SERVICES WITHIN 11 THE NID. 12 (B) ADMINISTRATION.-- 13 (1) NIDS CREATED PURSUANT TO THIS [ACT] CHAPTER SHALL BE 14 ADMINISTERED BY AN NIDMA WHICH SHALL BE AN AUTHORITY CREATED 15 PURSUANT TO THE [ACT OF MAY 2, 1945 (P.L.382, NO.164), KNOWN 16 AS THE] MUNICIPALITY AUTHORITIES ACT [OF 1945], AN EXISTING 17 NONPROFIT DEVELOPMENT CORPORATION, AN EXISTING NONPROFIT 18 CORPORATION OR A NONPROFIT DEVELOPMENT CORPORATION OR 19 NONPROFIT CORPORATION ESTABLISHED BY THE GOVERNING BODY OR 20 AUTHORIZED TO BE ESTABLISHED BY THE GOVERNING BODY OF THE 21 MUNICIPALITY IN WHICH THE NID IS TO BE LOCATED, TO ADMINISTER 22 THE NIDP. 23 (2) IF AN ACTIVE NONPROFIT DEVELOPMENT CORPORATION 24 ALREADY EXISTS WITHIN THE GEOGRAPHIC BOUNDARIES OF THE NID 25 AND FORMALLY INDICATES ITS INTEREST TO THE GOVERNING BODY OF 26 THE MUNICIPALITY TO BECOME THE DESIGNATED NIDMA, THE 27 GOVERNING BODY OF THE MUNICIPALITY SHALL GRANT THAT REQUEST 28 UNLESS 40% OR MORE OF THE AFFECTED PROPERTY OWNERS WITHIN THE 29 PROPOSED NID REGISTER THEIR DISAPPROVAL OF THIS DESIGNATION 30 IN WRITING WITH THE CLERK OF THE GOVERNING BODY WITHIN A 45- 20070H1620B4001 - 18 -
1 DAY PERIOD FOLLOWING THE FORMAL WRITTEN REQUEST FOR 2 DESIGNATION BY THE NONPROFIT DEVELOPMENT CORPORATION TO 3 BECOME THE NIDMA. 4 (C) POWERS.--AN NIDMA CREATED UNDER THIS ACT SHALL ASSUME 5 ALL POWERS PROVIDED FOR IN SECTION [7] 307 IMMEDIATELY UPON THE 6 EFFECTIVE DATE OF THE MUNICIPAL ORDINANCE ENACTED UNDER SECTION 7 [4] 304 CREATING AN NID. 8 (d) Board.--Every NIDMA shall have an administrative 9 board[.] as follows: 10 (1) Where an authority created pursuant to the 11 Municipality Authorities Act [of 1945] serves as the NIDMA, <-- 12 the board shall be appointed pursuant to the Municipality 13 Authorities Act [of 1945]. <-- 14 (2) Where an existing nonprofit development corporation 15 or other nonprofit corporation is to serve as the NIDMA, the 16 board shall be appointed according to the bylaws of the NIDMA 17 filed with the Department of State. 18 (3) Where a nonprofit development corporation or other 19 nonprofit corporation is established to serve as the NIDMA 20 for an NID, the board shall be comprised of an odd number of 21 members, between five and nine, with: 22 (i) at least one member representing the municipal 23 corporation in which the NID is located[.]; and 24 (ii) when a licensed gaming facility is located 25 within the boundaries of the NID, the State senator and 26 State representative of the district in which the 27 facility is located and four members of local recognized 28 civic associations. 29 (4) In all cases, NIDMA boards shall include a 30 representative of property owners located in the NID, 20070H1620B4001 - 19 -
1 business owners located in the NID and any institutions
2 located in the NID. Institutional members may appoint a
3 designee to represent them. All board members need not be
4 residents of the NID.
5 SECTION [7] 307. POWERS OF NEIGHBORHOOD IMPROVEMENT DISTRICT <--
6 MANAGEMENT ASSOCIATION.
7 (A) GENERAL POWERS.--AN NIDMA SHALL HAVE, IN ADDITION TO ANY
8 OTHER POWERS PROVIDED PURSUANT TO THE [ACT OF MAY 2, 1945
9 (P.L.382, NO.164), KNOWN AS THE] MUNICIPALITY AUTHORITIES ACT
10 [OF 1945], WHERE THE NIDMA IS AN AUTHORITY, OR IN ADDITION TO
11 ANY OTHER POWERS PROVIDED PURSUANT TO THE CHARTER ESTABLISHING A
12 NONPROFIT DEVELOPMENT CORPORATION OR OTHER NONPROFIT
13 CORPORATION, WHERE THE NIDMA IS A NONPROFIT DEVELOPMENT
14 CORPORATION OR OTHER NONPROFIT CORPORATION, THE POWER TO:
15 (1) SUE OR BE SUED, IMPLEAD OR BE IMPLEADED, COMPLAIN
16 AND DEFEND IN ALL COURTS.
17 (2) EMPLOY AN EXECUTIVE DIRECTOR OR ADMINISTRATOR AND
18 ANY NECESSARY SUPPORTING STAFF OR CONTRACT FOR THE PROVISION
19 OF SAME.
20 (3) PREPARE PLANNING OR FEASIBILITY STUDIES OR CONTRACT
21 FOR THE PREPARATION OF SAME TO DETERMINE NEEDED CAPITAL
22 IMPROVEMENTS OR ADMINISTRATIVE PROGRAMS AND SERVICES WITHIN
23 THE NID.
24 (4) MAKE CAPITAL IMPROVEMENTS OR PROVIDE ADMINISTRATIVE
25 PROGRAMS AND SERVICES WITHIN AN NID.
26 (5) PURCHASE, OWN, CONSTRUCT, RENOVATE, DEVELOP,
27 OPERATE, REHABILITATE, MANAGE, SELL AND/OR DISPOSE OF REAL
28 PROPERTY.
29 (6) CONTRACT WITH EXISTING BUSINESSES WITHIN THE NID.
30 (7) CONTRACT FOR THE PROVISION OF PRODUCTS OR SERVICES
20070H1620B4001 - 20 -
1 BY THE NIDMA TO CLIENTS LOCATED INSIDE AND OUTSIDE OF THE
2 NID, INCLUDING BILLING AND COLLECTION OF ASSESSMENT FEES BY
3 ANOTHER NIDMA.
4 (8) APPROPRIATE AND EXPEND NID FUNDS WHICH WOULD INCLUDE
5 ANY FEDERAL, STATE OR MUNICIPAL FUNDS RECEIVED BY THE NIDMA.
6 THE FUNDS SHALL BE EXPENDED IN ACCORDANCE WITH ANY SPECIFIC
7 PROVISIONS CONTAINED IN THE MUNICIPAL ENABLING ORDINANCE
8 ESTABLISHING THE NID AND MAY BE USED:
9 (I) TO ACQUIRE BY PURCHASE OR LEASE REAL OR PERSONAL
10 PROPERTY TO EFFECTUATE THE PURPOSES OF THIS [ACT]
11 CHAPTER, INCLUDING MAKING COMMON IMPROVEMENTS WITHIN THE
12 NID, INCLUDING, BUT NOT LIMITED TO, SIDEWALKS, RETAINING
13 WALLS, STREET PAVING, PARKS, RECREATIONAL EQUIPMENT AND
14 FACILITIES, OPEN SPACE, STREET LIGHTING, PARKING LOTS,
15 PARKING GARAGES, TREES AND SHRUBBERY, PEDESTRIAN WALKS,
16 SEWERS, WATER LINES, REST AREAS AND THE ACQUISITION,
17 REHABILITATION OR DEMOLITION OF BLIGHTED BUILDINGS OR
18 COMPARABLE STRUCTURES.
19 (II) TO PROVIDE FREE OR REDUCED-FEE PARKING FOR
20 CUSTOMERS OF BUSINESSES WITHIN THE NID, TRANSPORTATION-
21 RELATED EXPENDITURES, PUBLIC RELATIONS PROGRAMS, GROUP
22 ADVERTISING AND NID MAINTENANCE AND SECURITY SERVICES.
23 (III) TO IMPOSE SPECIAL ASSESSMENT FEES.
24 (9) SOLICIT IN-KIND SERVICES OR FINANCIAL CONTRIBUTIONS
25 FROM TAX-EXEMPT PROPERTY OWNERS WITHIN THE NID IN LIEU OF
26 PROPERTY ASSESSMENT FEES. THIS MAY INCLUDE ENTERING INTO
27 VOLUNTARY MULTIYEAR AGREEMENTS (VMAS) BETWEEN THE NIDMA AND
28 TAX-EXEMPT PROPERTY OWNERS LOCATED WITHIN AN NID FOR THE
29 PROVISION OF SAME.
30 (10) IMPOSE LIENS ON PROPERTY FOR THE NONPAYMENT OF
20070H1620B4001 - 21 -
1 PROPERTY ASSESSMENTS. NIDS ADMINISTERED BY NONPROFIT
2 CORPORATIONS WOULD HAVE ANY SUCH LIENS FILED BY THE MUNICIPAL
3 CORPORATION.
4 (11) HIRE ADDITIONAL OFF-DUTY POLICE OFFICERS OR PRIVATE
5 SECURITY OFFICERS WHOSE PATROL AREA RESPONSIBILITIES WOULD BE
6 LIMITED TO THE GEOGRAPHICAL AREA INCORPORATED WITHIN THE
7 DESIGNATED NID SERVICE AREA AND WHOSE RESPONSIBILITY WOULD BE
8 TO SUPPORT EXISTING MUNICIPAL AND VOLUNTEER EFFORTS AIMED AT
9 REDUCING CRIME AND IMPROVING SECURITY IN THE NID.
10 (12) DESIGNATE A DISTRICT ADVISORY COMMITTEE, REFERRED
11 TO AS THE DAC, FOR EACH NID ESTABLISHED WITHIN THE
12 MUNICIPALITY. EACH DAC SHALL CONSIST OF AN ODD NUMBER OF
13 MEMBERS, BETWEEN FIVE AND NINE, WHO SHALL BE REPRESENTATIVE
14 OF THE NEIGHBORHOOD'S CHARACTER, INCLUDING, BUT NOT LIMITED
15 TO, AGE, SEX AND CULTURAL DIVERSITY.
16 (B) ASSESSMENTS.--
17 (1) THE NIDMA SHALL, UPON APPROVAL BY THE GOVERNING BODY
18 OF THE MUNICIPALITY, HAVE THE POWER TO ASSESS PROPERTY OWNERS
19 WITHIN THE NID A SPECIAL PROPERTY ASSESSMENT FEE. REVENUES
20 FROM THE FEE SHALL BE ACCOUNTED FOR AND USED BY THE NIDMA TO
21 MAKE IMPROVEMENTS AND PROVIDE PROGRAMS AND SERVICES WITHIN
22 THE NID AS AUTHORIZED BY THIS [ACT] CHAPTER. WHERE THE
23 DISTRICT ESTABLISHED IS A BID, THE NIDMA SHALL HAVE THE
24 AUTHORITY TO EXEMPT RESIDENTIAL PROPERTY OWNERS FROM ANY
25 SPECIAL ASSESSMENT FEES LEVIED.
26 (2) ALL ASSESSMENTS AUTHORIZED UNDER THIS SECTION SHALL
27 BE CALCULATED USING JANUARY 1 AS THE FIRST DAY OF THE FISCAL
28 YEAR.
29 (3) ALL SPECIAL PROPERTY ASSESSMENT FEES SHALL BE BASED
30 UPON THE ESTIMATED COST OF THE PROGRAMS, IMPROVEMENTS OR
20070H1620B4001 - 22 -
1 SERVICES TO BE PROVIDED IN SUCH NID AS STATED IN THE FINAL
2 PLAN UNDER SECTION [5(D)] 305(D). IN NO CASE SHALL THE
3 AGGREGATE AMOUNT OF ALL FEES LEVIED BY THE NIDMA DURING THE
4 YEAR EXCEED THE ESTIMATED COST OF PROPOSED PROGRAMS,
5 IMPROVEMENTS AND SERVICES FOR THE YEAR.
6 (4) IN THE CASE OF AN NID WHICH CONTAINS A COMBINATION
7 OF BUSINESS, RESIDENTIAL, INDUSTRIAL AND/OR INSTITUTIONAL
8 AREAS AND USES, A WEIGHTED ASSESSMENT MAY BE INSTITUTED. IN
9 SUCH CASE, THE FEE LEVIED ON PROPERTY OWNERS GENERALLY MAY BE
10 WEIGHTED HIGHER FOR BUSINESS, INDUSTRIAL OR INSTITUTIONAL
11 PROPERTIES THAN THAT LEVIED ON RESIDENTIAL PROPERTY OWNERS,
12 PROVIDED THE BASIS FOR THE CALCULATION OF THE FEE MEETS THE
13 RATIONAL NEXUS TEST.
14 (5) THE TOTAL COSTS OF IMPROVEMENTS, PROGRAMS AND
15 ADMINISTRATIVE SERVICES PROVIDED BY THE NIDMA SHALL BE
16 ASSESSED TO ALL DESIGNATED PROPERTIES WITHIN THE NID BY ONE
17 OF THE FOLLOWING METHODS:
18 (I) AN ASSESSMENT DETERMINED BY MULTIPLYING THE
19 TOTAL SERVICE AND IMPROVEMENT COSTS BY THE RATIO OF THE
20 ASSESSED VALUE OF THE BENEFITED PROPERTY TO THE TOTAL
21 ASSESSED VALUATION OF ALL DESIGNATED BENEFITED PROPERTIES
22 IN THE NID.
23 (II) AN ASSESSMENT UPON THE SEVERAL PROPERTIES IN
24 THE NID IN PROPORTION TO BENEFITS AS ASCERTAINED BY
25 VIEWERS APPOINTED IN ACCORDANCE WITH LAW.
26 (III) ANY METHOD THAT EQUITABLY APPORTIONS COSTS
27 AMONG BENEFITING PROPERTIES.
28 (IV) IN THE CASE OF IMPROVEMENTS BENEFITING
29 PROPERTIES ABUTTING THE NID BY THE FRONT-FOOT METHOD,
30 WITH EQUITABLE ADJUSTMENTS FOR CORNER PROPERTIES AND
20070H1620B4001 - 23 -
1 OTHER CASES PROVIDED FOR IN THE MUNICIPAL ORDINANCE. ANY 2 PROPERTY WHICH CANNOT BE EQUITABLY ASSESSED BY THE FRONT- 3 FOOT METHOD MAY BE ASSESSED BY ANY OF THE ABOVE METHODS. 4 (C) PAYMENT.--THE GOVERNING BODY MAY BY ORDINANCE AUTHORIZE 5 THE PAYMENT OF THE ASSESSMENT IN EQUAL ANNUAL OR MORE FREQUENT 6 INSTALLMENTS OVER SUCH TIME AND BEARING INTEREST AT THE RATE 7 SPECIFIED IN THE MUNICIPAL ORDINANCE. IF BONDS HAVE BEEN ISSUED 8 AND SOLD OR NOTES OR GUARANTEES HAVE BEEN GIVEN OR ISSUED TO 9 PROVIDE FOR THE COST OF THE SERVICES AND IMPROVEMENTS, THE 10 ASSESSMENT IN EQUAL INSTALLMENTS SHALL NOT BE PAYABLE BEYOND THE 11 TERM FOR WHICH THE BONDS, NOTES OR GUARANTEES ARE PAYABLE. 12 (D) LIENS.-- 13 (1) NOTWITHSTANDING THE FILING OF THE CLAIMS, ALL 14 ASSESSMENTS WHICH ARE MADE PAYABLE IN INSTALLMENTS SHALL 15 CONSTITUTE LIENS AND ENCUMBRANCES UPON THE RESPECTIVE 16 BENEFITED PROPERTIES AT THE BEGINNING OF EACH CALENDAR YEAR, 17 EXCEPT AS PROVIDED IN SUBSECTION (C), AND ONLY IN AN AMOUNT 18 EQUAL TO THE SUM OF: 19 (I) THE ANNUAL OR OTHER INSTALLMENTS BECOMING 20 PAYABLE IN SUCH YEAR, WITH INTEREST AND PENALTIES, IF 21 ANY, THEREON; AND 22 (II) THE TOTAL OF ALL INSTALLMENTS, WITH INTEREST 23 AND PENALTIES THEREON, WHICH BECAME DUE DURING PRIOR 24 YEARS AND WHICH REMAIN DUE AND UNPAID AT THE BEGINNING OF 25 THE CURRENT YEAR. 26 (2) IN THE CASE OF DEFAULT IN THE PAYMENT OF ANY 27 INSTALLMENT AND INTEREST FOR A PERIOD OF 90 DAYS AFTER THE 28 PAYMENT BECOMES DUE, THE ASSESSMENT ORDINANCE MAY PROVIDE 29 EITHER FOR THE ENTIRE ASSESSMENT, WITH ACCRUED INTEREST AND 30 PENALTIES, TO BECOME DUE AND BECOME A LIEN FROM THE DUE DATE 20070H1620B4001 - 24 -
1 OF THE INSTALLMENT OR MAY PROVIDE SOLELY FOR THE ENFORCEMENT
2 OF THE CLAIM AS TO THE OVERDUE INSTALLMENT, WITH INTEREST AND
3 PENALTIES, IN WHICH CASE THE ORDINANCE SHALL FURTHER PROVIDE
4 THAT IF ANY INSTALLMENT OR PORTION THEREOF REMAINS DUE AND
5 UNPAID FOR ONE YEAR AFTER IT HAS BECOME DUE AND PAYABLE, THEN
6 THE ENTIRE ASSESSMENT WITH ACCRUED INTEREST AND PENALTIES
7 SHALL BECOME DUE AND BECOME A LIEN FROM THE DUE DATE OF THE
8 INSTALLMENT.
9 (3) NO ACTION TAKEN TO ENFORCE A CLAIM FOR ANY
10 INSTALLMENT OR INSTALLMENTS SHALL AFFECT THE STATUS OF ANY
11 SUBSEQUENT INSTALLMENT OF THE SAME ASSESSMENT, EACH OF WHICH
12 SHALL CONTINUE TO BECOME A LIEN UPON THE PROPERTY ANNUALLY
13 PURSUANT TO PARAGRAPH (1).
14 (4) THE ORDINANCE MAY CONTAIN ANY OTHER PROVISION
15 RELATING TO INSTALLMENT ASSESSMENTS WHICH IS NOT INCONSISTENT
16 WITH APPLICABLE LAW.
17 (5) ANY OWNER OF PROPERTY AGAINST WHOM AN ASSESSMENT HAS
18 BEEN MADE MAY PAY THE ASSESSMENT IN FULL AT ANY TIME, WITH
19 ACCRUED INTEREST AND COSTS THEREON, AND SUCH A PAYMENT SHALL
20 DISCHARGE THE LIEN OF THE ASSESSMENT OR INSTALLMENTS THEN
21 CONSTITUTING A LIEN AND SHALL ALSO RELEASE THE CLAIM TO ANY
22 LATER INSTALLMENTS.
23 (6) CLAIMS TO SECURE THE ASSESSMENTS SHALL BE ENTERED IN
24 THE PROTHONOTARY'S OFFICE OF THE COUNTY AT THE SAME TIME AND
25 IN THE SAME FORM AND COLLECTED IN THE SAME MANNER AS
26 MUNICIPAL TAX CLAIMS ARE FILED AND COLLECTED, NOTWITHSTANDING
27 THE PROVISIONS OF THIS SECTION AS TO INSTALLMENT PAYMENTS.
28 SECTION [8] 308. DISSOLUTION OF NEIGHBORHOOD IMPROVEMENT
29 DISTRICT MANAGEMENT ASSOCIATION AND NEIGHBORHOOD
30 IMPROVEMENT DISTRICT.
20070H1620B4001 - 25 -
1 (A) CONVEYING PROJECTS.--WHEN ANY NIDMA SHALL HAVE FINALLY 2 PAID AND DISCHARGED ALL BONDS WHICH TOGETHER WITH THE INTEREST 3 DUE THEREON SHALL HAVE BEEN SECURED BY A PLEDGE OF ANY OF THE 4 REVENUES OR RECEIPTS OF A PROJECT, IT MAY, SUBJECT TO ANY 5 AGREEMENTS CONCERNING THE OPERATION OR DISPOSITION OF SUCH 6 PROJECT AND THE NIDMA BYLAWS, CONVEY SUCH PROJECT OR PROJECTS TO 7 THE MUNICIPAL CORPORATION WHICH ESTABLISHED OR HAD ESTABLISHED 8 THE NIDMA. 9 (B) REQUEST FOR TERMINATION.-- 10 (1) ANY REQUEST FOR THE TERMINATION OF THE NID AND NIDMA 11 APPROVED BY 40% OF THE ASSESSED PROPERTY OWNERS, IN NUMBERS, 12 LOCATED IN THE NID SHALL BE SUBMITTED TO THE GOVERNING BODY 13 OF THE MUNICIPALITY IN WRITING. 14 (2) THE GOVERNING BODY SHALL HOLD A HEARING ON THE 15 MERITS OF SAME, PURSUANT TO SECTION [5(B)(2)] 305(B)(2) AS IT 16 RELATES TO THE REQUIRED PROCEDURE OF HOLDING A HEARING. SUCH 17 WRITTEN REQUEST SHALL BE CONSIDERED BY THE GOVERNING BODY OF 18 THE MUNICIPALITY. 19 (3) IF THE REQUEST IS APPROVED BY THE GOVERNING BODY OF 20 THE MUNICIPALITY, THEN A RESOLUTION TO THAT EFFECT SHALL BE 21 FILED WITH THE SECRETARY OF THE COMMONWEALTH, AND THE 22 SECRETARY SHALL NOTE THE TERMINATION OF THE EXISTENCE ON THE 23 RECORD OF INCORPORATION AND RETURN THE RESOLUTION WITH HIS OR 24 HER APPROVAL SHOWN ON THE RESOLUTION TO THE MUNICIPAL 25 CORPORATION. THEN THE PROPERTY OF THE NIDMA SHALL PASS TO THE 26 MUNICIPAL CORPORATION, AS THE CASE MAY BE, AND THE NIDMA AND 27 NID SHALL CEASE TO EXIST. 28 (4) ANY REQUEST FOR THE TERMINATION OF THE NID AND NIDMA 29 BY THE GOVERNING BODY OF THE MUNICIPALITY IN WHICH THE NID IS 30 LOCATED SHALL RESULT IN A HEARING ON THE MERITS OF SAME, 20070H1620B4001 - 26 -
1 PURSUANT TO SECTION [5(B)(2)] 305(B)(2) AS IT RELATES TO THE 2 REQUIRED PROCEDURE FOR HOLDING A HEARING. 3 (5) BEFORE THE DECISION TO TERMINATE AN NID AND NIDMA IS 4 MADE, SUCH TERMINATION MUST BE APPROVED BY 40% OF THE 5 ASSESSED PROPERTY OWNERS, IN NUMBERS, LOCATED IN THE NID AND 6 SHALL BE SUBMITTED TO THE GOVERNING BODY OF THE MUNICIPALITY 7 IN WRITING. SUCH WRITTEN REQUEST SHALL BE CONSIDERED BY THE 8 GOVERNING BODY OF THE MUNICIPALITY. 9 (6) IF THE REQUEST IS APPROVED BY THE GOVERNING BODY OF 10 THE MUNICIPALITY, THEN A RESOLUTION TO THAT EFFECT SHALL BE 11 FILED WITH THE SECRETARY OF THE COMMONWEALTH, AND THE 12 SECRETARY SHALL NOTE THE TERMINATION OF THE EXISTENCE ON THE 13 RECORD OF INCORPORATION AND RETURN THE RESOLUTION WITH HIS OR 14 HER APPROVAL SHOWN TO THE MUNICIPAL CORPORATION. 15 (7) THE PROPERTY OF THE NIDMA SHALL PASS TO THE 16 MUNICIPAL CORPORATION, AS THE CASE MAY BE, AND THE NIDMA AND 17 NID SHALL CEASE TO EXIST. 18 SECTION [9] 309. ANNUAL AUDIT; REPORT. 19 THE NIDMA SHALL ANNUALLY: 20 (1) SUBMIT AN AUDIT OF ALL INCOME AND EXPENDITURES TO 21 THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT AND THE 22 GOVERNING BODY OF THE MUNICIPALITY IN WHICH THE NID IS 23 LOCATED WITHIN 120 DAYS AFTER THE END OF EACH FISCAL YEAR; 24 AND 25 (2) SUBMIT A REPORT, INCLUDING FINANCIAL AND 26 PROGRAMMATIC INFORMATION, INCLUDING A SUMMARY OF AUDIT 27 FINDINGS, TO THE GOVERNING BODY OF THE MUNICIPALITY IN WHICH 28 THE NID IS LOCATED AND TO ALL ASSESSED PROPERTY OWNERS 29 LOCATED IN THE NID. 30 SECTION [10] 310. APPLICABILITY. 20070H1620B4001 - 27 -
1 (A) EXISTING DISTRICTS.--EXCEPT AS PROVIDED FOR IN 2 SUBSECTION (D), ANY EXISTING BUSINESS IMPROVEMENT DISTRICT OR 3 DOWNTOWN IMPROVEMENT DISTRICT ESTABLISHED PRIOR TO [THE 4 EFFECTIVE DATE OF THIS ACT] FEBRUARY 19, 2001, SHALL REMAIN IN 5 EXISTENCE AND SHALL BE GOVERNED BY THE [ACT OF MAY 2, 1945 6 (P.L.382, NO.164), KNOWN AS THE] MUNICIPALITY AUTHORITIES ACT 7 [OF 1945], INSOFAR AS IT RELATES TO BUSINESS IMPROVEMENT 8 DISTRICTS OR 53 PA.C.S. CH. 54 (RELATING TO BUSINESS IMPROVEMENT 9 DISTRICTS). 10 (B) DISTRICTS CREATED SUBSEQUENTLY.--ANY NID ESTABLISHED 11 SUBSEQUENT TO [THE EFFECTIVE DATE OF THIS ACT] FEBRUARY 19, 12 2001, SHALL BE GOVERNED BY THE PROVISIONS OF THIS [ACT] CHAPTER. 13 (C) PREVIOUSLY TERMINATED DISTRICTS.--ANY BUSINESS 14 IMPROVEMENT DISTRICT OR DOWNTOWN IMPROVEMENT DISTRICT IN 15 EXISTENCE PRIOR TO [THE EFFECTIVE DATE OF THIS ACT] FEBRUARY 19, 16 2001, WHICH IS TERMINATED SHALL, UPON ITS REESTABLISHMENT, BE 17 GOVERNED BY THE PROVISIONS OF THIS [ACT] CHAPTER. THIS SHALL 18 INCLUDE ANY TERMINATION RESULTING FROM A SUNSET PROVISION IN ANY 19 MUNICIPAL AGREEMENT OR ORDINANCE. 20 (D) ADDITIONAL REQUIREMENTS.--ANY BUSINESS IMPROVEMENT 21 DISTRICT OR DOWNTOWN IMPROVEMENT DISTRICT IN EXISTENCE ON [THE 22 EFFECTIVE DATE OF THIS ACT] FEBRUARY 19, 2001, SHALL: 23 (1) BE REQUIRED TO CARRY OUT ANY DUTY OR RESPONSIBILITY 24 IMPOSED ON NIDS UNDER THIS [ACT] CHAPTER; AND 25 (2) POSSESS ANY ADDITIONAL POWER GIVEN TO NIDS UNDER 26 THIS [ACT] CHAPTER WITHOUT HAVING TO RESTRUCTURE OR 27 REORGANIZE UNDER THIS [ACT] CHAPTER. 28 SECTION 7. THE ACT IS AMENDED BY ADDING A CHAPTER TO READ: 29 CHAPTER 5 30 CASINO NEIGHBORHOOD IMPROVEMENT DISTRICTS 20070H1620B4001 - 28 -
1 SECTION 501. SCOPE OF CHAPTER. 2 THIS CHAPTER RELATES TO CASINO NEIGHBORHOOD IMPROVEMENT 3 DISTRICTS. 4 SECTION 502. DEFINITIONS. 5 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER 6 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 7 CONTEXT CLEARLY INDICATES OTHERWISE: 8 "AUTHORITY." A BODY POLITIC AND CORPORATE, AS ESTABLISHED IN 9 ACCORDANCE WITH 53 PA.C.S. CH. 56 (RELATING TO MUNICIPAL 10 AUTHORITIES). 11 "BENEFITED PROPERTY." PROPERTIES LOCATED WITHIN A CASINO 12 NEIGHBORHOOD IMPROVEMENT DISTRICT WHICH PROFIT FROM DISTRICT 13 IMPROVEMENTS BASED ON A RATIONAL NEXUS TEST. PROPERTIES NEED NOT 14 PROFIT EQUALLY TO BE CONSIDERED TO HAVE BENEFITED. THE TERM DOES 15 NOT INCLUDE ANY PROPERTY WITHIN A CASINO NEIGHBORHOOD 16 IMPROVEMENT DISTRICT ON WHICH A CASINO IS SITUATED. 17 "CASINO." A LICENSED GAMING FACILITY. 18 "CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT" OR "CNID." A 19 LIMITED GEOGRAPHIC AREA WITHIN A MUNICIPALITY IN WHICH A CASINO 20 IS SITUATED, IN WHICH A SPECIAL ASSESSMENT IS LEVIED ON SUCH 21 FACILITIES AND OTHER DESIGNATED PROPERTY, OTHER THAN RESIDENTIAL 22 AND TAX-EXEMPT PROPERTY, ON WHICH A SPECIAL PROPERTY ASSESSMENT 23 FEE MAY BE LEVIED, FOR THE FOLLOWING PURPOSES: 24 (1) PROMOTING THE ECONOMIC AND GENERAL WELFARE OF THE 25 DISTRICT AND THE MUNICIPALITY. 26 (2) MITIGATING THE IMPACT OF HOSTING A CASINO ON THE 27 CITIZENS AND NEIGHBORHOODS OF THE MUNICIPALITY. 28 NEITHER A CASINO NOR ANY DESIGNATED PROPERTY MAY BE INCLUDED IN 29 MORE THAN ONE CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT. 30 "CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT MANAGEMENT 20070H1620B4001 - 29 -
1 ASSOCIATION" OR "CNIDMA." THE GOVERNING BODY WHICH OVERSEES THE 2 MANAGEMENT OF CASINO NEIGHBORHOOD IMPROVEMENT DISTRICTS IN A 3 MUNICIPALITY IN ACCORDANCE WITH SECTION 505. THE BODY SHALL BE 4 ESTABLISHED EITHER AS A NONPROFIT CORPORATION IN THIS 5 COMMONWEALTH OR AS AN AUTHORITY ESTABLISHED IN ACCORDANCE WITH 6 53 PA.C.S. CH. 56 (RELATING TO MUNICIPAL AUTHORITIES). 7 "CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT PLAN" OR "CNIDP." 8 THE STRATEGIC PLAN FOR NEIGHBORHOOD IMPROVEMENTS REQUIRED UNDER 9 SECTION 505 AND ALL PROJECTS, PROGRAMS AND SUPPLEMENTAL SERVICES 10 TO BE PROVIDED WITHIN THE CASINO NEIGHBORHOOD IMPROVEMENT 11 DISTRICT TO IMPLEMENT THE PLAN BY THE CASINO NEIGHBORHOOD 12 IMPROVEMENT DISTRICT MANAGEMENT ASSOCIATION. 13 "CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT SERVICES." IN THE 14 CASE OF CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT MANAGEMENT 15 ASSOCIATIONS ESTABLISHED FOR THE PURPOSE OF MAKING IMPROVEMENTS 16 OR PROVIDING EXPANDED SERVICES WITHIN ANY CASINO NEIGHBORHOOD 17 IMPROVEMENT DISTRICT, THE TERM INCLUDES, BUT IS NOT LIMITED TO, 18 SERVICES WHICH IMPROVE THE ABILITY OF THE COMMERCIAL 19 ESTABLISHMENTS WITHIN THE DISTRICT TO SERVE THE CONSUMER, SUCH 20 AS FREE OR REDUCED-FEE PARKING FOR CUSTOMERS, TRANSPORTATION- 21 RELATED EXPENSES, PUBLIC RELATIONS PROGRAMS, GROUP ADVERTISING 22 AND DISTRICT MAINTENANCE AND SECURITY SERVICES. FOR SERVICES 23 PROVIDED WITHIN ANY RESIDENTIAL, INDUSTRIAL, INSTITUTIONAL OR 24 MIXED-USE CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT, THE TERM 25 INCLUDES, BUT IS NOT LIMITED TO, SERVICES WHICH IMPROVE THE 26 ABILITY OF PROPERTY OWNERS TO ENJOY A SAFER AND MORE ATTRACTIVE 27 COMMUNITY THROUGH THE PROVISION OF INCREASED OR EXPANDED 28 SERVICES, INCLUDING STREET LIGHTING, STREET CLEANING, STREET 29 MAINTENANCE, PARKS, RECREATIONAL EQUIPMENT AND FACILITIES, OPEN 30 SPACE AND SECURITY SERVICES. 20070H1620B4001 - 30 -
1 "COMMERCIAL." RELATING TO OR ASSOCIATED WITH ANY FOR-PROFIT 2 ACTIVITY INVOLVING TRADE, TRAFFIC OR COMMERCE IN GENERAL. 3 "COST OF IMPROVEMENTS." THE TERM INCLUDES ARCHITECTURAL 4 FEES, ENGINEERING FEES, ATTORNEY FEES, CONSULTING FEES, 5 PROFESSIONAL FEES, PRELIMINARY PLANNING EXPENDITURES, 6 FEASIBILITY STUDY EXPENDITURES, FINANCING COSTS AND ANY OTHER 7 EXPENDITURES NECESSARY AND INCIDENTAL TO THE DEVELOPMENT, 8 CONSTRUCTION OR COMPLETION OF THE IMPROVEMENT. 9 "DISTRICT ADVISORY COUNCIL" OR "DAC." A COMMITTEE OF 10 PROPERTY OWNERS FROM A CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT 11 ESTABLISHED UNDER SECTION 505 FOR THE PURPOSE OF PROVIDING 12 GUIDANCE AND DIRECTION TO THE CASINO NEIGHBORHOOD IMPROVEMENT 13 DISTRICT MANAGEMENT ASSOCIATION CONCERNING ASSOCIATION 14 ACTIVITIES WITHIN THE DISTRICT. 15 "IMPROVEMENT." IN THE CASE OF CASINO NEIGHBORHOOD 16 IMPROVEMENT DISTRICT MANAGEMENT ASSOCIATIONS CREATED FOR THE 17 PURPOSE OF MAKING IMPROVEMENTS OR PROVIDING ADMINISTRATIVE 18 SERVICES WITHIN A CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT, THE 19 TERM SHALL MEAN THOSE IMPROVEMENTS NEEDED IN SPECIFIC AREAS OR 20 TO INDIVIDUAL PROPERTIES, INCLUDING, BUT NOT LIMITED TO, 21 SIDEWALKS, RETAINING WALLS, STREET PAVING, PARKS, RECREATIONAL 22 EQUIPMENT AND FACILITIES, OPEN SPACES, STREET LIGHTING, PARKING 23 LOTS, PARKING GARAGES, TREES AND SHRUBBERY, PEDESTRIAN WALKS, 24 SEWERS, WATER LINES, REST AREAS AND THE ACQUISITION AND 25 REHABILITATION OR DEMOLITION OF BLIGHTED BUILDINGS OR 26 STRUCTURES. 27 "INDUSTRIAL DISTRICT." A LIMITED GEOGRAPHIC AREA COMPRISING 28 REAL PROPERTY WHICH IS USED PREDOMINANTLY FOR MANUFACTURING, 29 COMMERCIAL OR ANY OTHER ACTIVITY RELATED TO THE DISTRIBUTION OF 30 GOODS AND SERVICES AND TO INTERMEDIATE AND FINAL PRODUCTS, 20070H1620B4001 - 31 -
1 INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: 2 (1) WAREHOUSING. 3 (2) SHIPPING. 4 (3) TRANSPORTATION. 5 (4) REMANUFACTURING. 6 (5) STOCKPILING OF RAW MATERIALS. 7 (6) REPAIR AND MAINTENANCE OF MACHINERY AND EQUIPMENT. 8 (7) STORAGE. 9 (8) ADMINISTRATION OR BUSINESS ACTIVITIES. 10 (9) RESEARCH AND DEVELOPMENT. 11 "INSTITUTION." THE TERM INCLUDES, BUT IS NOT LIMITED TO, 12 COLLEGES, UNIVERSITIES, SCHOOLS, HOSPITALS, MUSEUMS, THEATERS, 13 CHURCHES, SYNAGOGUES, ART CENTERS OR SIMILAR FACILITIES. 14 "INSTITUTIONAL DISTRICT." A LIMITED GEOGRAPHIC AREA 15 COMPRISED PREDOMINANTLY OF REAL PROPERTY ON WHICH EDUCATIONAL, 16 HEALTH-RELATED OR CULTURAL ACTIVITIES OCCUR WITHIN BUILDINGS AND 17 STRUCTURES, INCLUDING, BUT NOT LIMITED TO, COLLEGES, 18 UNIVERSITIES, SCHOOLS, HOSPITALS, MUSEUMS, THEATERS, CHURCHES, 19 SYNAGOGUES AND ART CENTERS. 20 "MIXED-USE DISTRICT." A LIMITED GEOGRAPHIC AREA COMPRISED OF 21 REAL PROPERTY USED FOR ANY OR ALL PURPOSES CONTAINED WITHIN A 22 BUSINESS, RESIDENTIAL, INDUSTRIAL OR INSTITUTIONAL DISTRICT. 23 "MUNICIPAL CORPORATION." THE BODY OR BOARD AUTHORIZED BY LAW 24 TO ENACT ORDINANCES AND ADOPT RESOLUTIONS ON BEHALF OF THE 25 MUNICIPALITY IT IS ELECTED OR APPOINTED TO REPRESENT. 26 "MUNICIPALITY." ANY CITY, BOROUGH, INCORPORATED TOWN OR 27 TOWNSHIP LOCATED WITHIN THIS COMMONWEALTH IN WHICH A CASINO IS 28 SITUATED. 29 "MUNICIPALITY AUTHORITIES ACT." 53 PA.C.S. CH. 56 (RELATING 30 TO MUNICIPAL AUTHORITIES). 20070H1620B4001 - 32 -
1 "NONPROFIT CORPORATION." A LEGAL ENTITY THAT IS INCORPORATED 2 WITHIN THIS COMMONWEALTH AND SPECIFIES IN ITS CHARTER OR BYLAWS 3 THAT NO PART OF THE NET EARNINGS MAY BENEFIT ANY PRIVATE 4 SHAREHOLDER OR INDIVIDUAL HOLDING INTEREST IN SUCH ENTITY. 5 "PRIVATE SECURITY OFFICER." ANY PERSON OR FIRM EMPLOYED BY 6 THE CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT MANAGEMENT 7 ASSOCIATION FOR THE PURPOSE OF PROVIDING INCREASED SECURITY OR 8 PROTECTIVE PATROL SERVICES WITHIN THE CASINO NEIGHBORHOOD 9 IMPROVEMENT DISTRICT. THE TERM MAY INCLUDE OFF-DUTY POLICE 10 OFFICERS PROVIDED THAT THE USE OF SUCH OFFICERS FOR THIS PURPOSE 11 IS APPROVED BY THE GOVERNING BODY OF THE MUNICIPALITY IN WHICH 12 THE CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT IS LOCATED OR THE 13 MUNICIPALITY WHERE THE OFFICER IS EMPLOYED IF DIFFERENT. 14 "PROJECT." THE ACQUISITION, DEVELOPMENT, CONSTRUCTION, 15 IMPROVEMENT, REHABILITATION, OPERATION AND MAINTENANCE OF ANY 16 BUILDING, FACILITY, EQUIPMENT OR STRUCTURE, BY PURCHASE, LEASE 17 OR CONTRACT, BY A CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT 18 MANAGEMENT ASSOCIATION TO FACILITATE NEIGHBORHOOD IMPROVEMENTS 19 AS AUTHORIZED UNDER THIS CHAPTER. 20 "RATIONAL NEXUS." THE LEGAL PRINCIPLE WHICH REQUIRES THAT 21 THERE IS A RATIONAL, DEFINABLE BENEFIT WHICH ACCRUES TO ANY 22 PROPERTY OWNER ASSESSED A FEE FOR SUCH BENEFIT IN A CASINO 23 NEIGHBORHOOD IMPROVEMENT DISTRICT CREATED UNDER THIS CHAPTER. 24 ALL PROPERTY OWNERS WITHIN A DESIGNATED CASINO NEIGHBORHOOD 25 IMPROVEMENT DISTRICT PAYING A SPECIAL PROPERTY ASSESSMENT FEE 26 MUST BENEFIT DIRECTLY OR INDIRECTLY FROM FACILITIES OR SERVICES 27 PROVIDED BY A CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT 28 MANAGEMENT ASSOCIATION WITHIN THE CASINO NEIGHBORHOOD 29 IMPROVEMENT DISTRICT, PROVIDED, HOWEVER, THAT PROPERTY OWNERS 30 NEED NOT BENEFIT EQUALLY. 20070H1620B4001 - 33 -
1 "REGIONAL ATTRACTIONS MARKETING AGENCY." THE AGENCY 2 DESIGNATED BY THE MUNICIPAL CORPORATION IN WHICH THE CASINO 3 NEIGHBORHOOD IMPROVEMENT DISTRICT IS LOCATED TO SERVE AS THE 4 REGIONAL MARKETING ORGANIZATION FOR TOURISM AND RELATED MATTERS. 5 "RESIDENTIAL DISTRICT." A LIMITED GEOGRAPHICAL AREA 6 COMPRISED OF REAL PROPERTY CONSISTING PREDOMINANTLY OF BUILDINGS 7 FOR HOUSING INDIVIDUALS AND FAMILIES. 8 "SERVICE AREA." THE AREA WITHIN THE BOUNDARIES OF THE CASINO 9 NEIGHBORHOOD IMPROVEMENT DISTRICT ESTABLISHED BY A MUNICIPALITY 10 UNDER THIS CHAPTER IN WHICH THE CASINO NEIGHBORHOOD IMPROVEMENT 11 DISTRICT MANAGEMENT ASSOCIATION PROVIDES PROGRAMS, SERVICES AND 12 IMPROVEMENTS. THE TERM MAY ALSO INCLUDE AN AREA OUTSIDE THE 13 CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT WHERE SERVICES ARE 14 BEING PROVIDED BY THE CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT 15 MANAGEMENT ASSOCIATION UNDER CONTRACT. 16 "SPECIAL ASSESSMENT FEE." THE FEE ASSESSED ON PROPERTY 17 OWNERS WITHIN A CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT, LEVIED 18 BY THE MUNICIPALITY ESTABLISHING A CASINO NEIGHBORHOOD 19 IMPROVEMENT DISTRICT UNDER SECTION 504, FOR THE PURPOSES OF 20 PROVIDING PROGRAMS, IMPROVEMENTS AND SERVICES UNDER SECTION 507. 21 "SUNSET PROVISION." A PROVISION IN THE CASINO NEIGHBORHOOD 22 IMPROVEMENT DISTRICT PLAN UNDER SECTION 505 WHICH PROVIDES FOR 23 THE AUTOMATIC TERMINATION OF THE CASINO NEIGHBORHOOD IMPROVEMENT 24 DISTRICT ON A DATE SPECIFIED IN THE CASINO NEIGHBORHOOD 25 IMPROVEMENT DISTRICT PLAN AND IN THE MUNICIPAL ORDINANCE 26 ESTABLISHING THE CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT. THE 27 CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT MAY BE CONTINUED BEYOND 28 THAT DATE, PROVIDED THE MUNICIPAL ENABLING ORDINANCE CREATING 29 THE ORIGINAL CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT IS 30 REENACTED, FOLLOWING A REVIEW OF THE CASINO NEIGHBORHOOD 20070H1620B4001 - 34 -
1 IMPROVEMENT DISTRICT AND THE CASINO NEIGHBORHOOD IMPROVEMENT 2 DISTRICT MANAGEMENT ASSOCIATION PROGRAMS AND SERVICES PROVIDED 3 WITHIN THE CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT BY THE 4 MUNICIPALITY. 5 SECTION 503. LEGISLATIVE FINDINGS. 6 THE GENERAL ASSEMBLY FINDS THAT: 7 (1) A MUNICIPALITY WITHIN THIS COMMONWEALTH CONTAINING A 8 LICENSED GAMING FACILITY WITHIN ITS BOUNDARIES WILL BENEFIT 9 FROM HAVING AN AREA WITHIN ITS BOUNDARIES DESIGNATED AS A 10 CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT. 11 (2) A CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT 12 MANAGEMENT ASSOCIATION SHALL PROVIDE ADMINISTRATIVE SERVICES 13 AND OTHER BENEFITS TO BUSINESSES, EMPLOYEES, RESIDENTS AND 14 CONSUMERS IN ITS CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT IN 15 ORDER TO MITIGATE THE IMPACT OF HOSTING A LICENSED GAMING 16 FACILITY ON THE CITIZENS AND NEIGHBORHOODS OF THE 17 MUNICIPALITY AND TO ASSIST A MUNICIPALITY IN PROMOTING 18 ECONOMIC GROWTH, DEVELOPMENT AND EMPLOYMENT. 19 (3) A SPECIAL ASSESSMENT MAY BE IMPOSED AND COLLECTED BY 20 THE MUNICIPALITY ON THE OWNERS OF THE CASINO SITUATED WITHIN 21 THE CNID AND TRANSFERRED TO THE CNIDMA TO ACHIEVE THE GOALS 22 OF THIS CHAPTER AND TO EXERCISE THE POWERS GIVEN TO THE 23 ASSOCIATION BY THIS CHAPTER. 24 (4) A SPECIAL PROPERTY ASSESSMENT FEE MAY BE IMPOSED AND 25 COLLECTED BY A MUNICIPALITY WITH THE PROPERTY TAX PAYMENT OR 26 PAYMENT IN LIEU OF TAXES OR OTHERWISE ON DESIGNATED PROPERTY, 27 AND ALL OF SUCH PAYMENTS SHALL BE TRANSFERRED TO THE CASINO 28 NEIGHBORHOOD IMPROVEMENT DISTRICT MANAGEMENT ASSOCIATION TO 29 ACHIEVE THE GOALS OF THIS CHAPTER AND TO EXERCISE THE POWERS 30 GIVEN TO SUCH AN ASSOCIATION BY THIS CHAPTER. 20070H1620B4001 - 35 -
1 (5) IT IS IN THE BEST INTEREST OF THE MUNICIPALITY AND 2 THE PUBLIC TO CREATE A CASINO NEIGHBORHOOD IMPROVEMENT 3 DISTRICT AND TO DESIGNATE A CASINO NEIGHBORHOOD IMPROVEMENT 4 DISTRICT MANAGEMENT ASSOCIATION. 5 (6) THE BUSINESS COMMUNITY SHALL BE ENCOURAGED TO 6 PROVIDE SELF-HELP AND SELF-FINANCING PROGRAMS TO MEET LOCAL 7 BUSINESS NEEDS, GOALS AND OBJECTIVES. 8 SECTION 504. POWERS OF MUNICIPAL CORPORATION. 9 EVERY MUNICIPAL CORPORATION SHALL HAVE THE POWER: 10 (1) TO ESTABLISH WITHIN THE MUNICIPALITY AN AREA OR 11 AREAS DESIGNATED AS A CNID. 12 (2) TO ESTABLISH AN AUTHORITY OR MANAGEMENT ASSOCIATION 13 TO ADMINISTER THE CNID. 14 (3) TO APPROPRIATE AND EXPEND, IN ACCORDANCE WITH THE 15 SPECIFIC PROVISIONS OF THE MUNICIPAL ENABLING ORDINANCE, 16 MUNICIPAL FUNDS AS MAY BE REQUIRED TO: 17 (I) ACQUIRE BY PURCHASE OR LEASE REAL OR PERSONAL 18 PROPERTY DEEMED NECESSARY TO EFFECTUATE THE PURPOSES OF 19 THE CNID. 20 (II) PREPARE OR HAVE PREPARED PRELIMINARY PLANNING 21 OR FEASIBILITY STUDIES TO DETERMINE NEEDED IMPROVEMENTS 22 IN A CNID, INCLUDING, BUT NOT LIMITED TO, CAPITAL 23 IMPROVEMENTS, TRADITIONAL STREETSCAPE AND BUILDING 24 RENOVATIONS, RETAINING WALLS, STREET PAVING, STREET 25 LIGHTING, PARKING LOTS, PARKING GARAGES, TREES AND 26 SHRUBBERY, PEDESTRIAN WALKS, SEWERS, WATER LINES, REST 27 AREAS, ACQUISITION, REHABILITATION OR DEMOLITION OF 28 BLIGHTED BUILDINGS AND STRUCTURES, GRAFFITI REMOVAL, 29 SECURITY, MARKETING, PROMOTIONS, ADVERTISING, BUSINESS 30 RETENTION AND RECRUITMENT ACTIVITIES, MASTER LEASING AND 20070H1620B4001 - 36 -
1 PROPERTY MANAGEMENT, JOINT ADVERTISING, RESEARCH AND 2 PLANNING AS WELL AS THE PROVISION OF ADDITIONAL SERVICES 3 TO SUPPLEMENT, NOT REPLACE, EXISTING MUNICIPAL SERVICES 4 PROVIDED WITHIN THE CNID. 5 (4) TO ADVANCE FUNDS TO A CNIDMA AS MAY BE REQUIRED TO 6 CARRY OUT THE PURPOSES OF THIS CHAPTER. 7 (5) TO COLLECT SPECIAL PROPERTY ASSESSMENTS ON BEHALF OF 8 THE CNIDMA LEVIED ON A CASINO AND ON DESIGNATED PROPERTY 9 OWNERS WITHIN THE CNID AND TO EMPLOY ANY LEGAL METHODS TO 10 ENSURE COLLECTION OF THE ASSESSMENTS. 11 (6) TO ACQUIRE, BY GIFT, PURCHASE OR EMINENT DOMAIN, 12 LAND, REAL PROPERTY OR RIGHTS-OF-WAY WHICH MAY BE NEEDED FOR 13 THE PURPOSES OF MAKING PHYSICAL IMPROVEMENTS WITHIN THE CNID. 14 (7) TO ISSUE BONDS, NOTES OR GUARANTEES, IN ACCORDANCE 15 WITH THE PROVISIONS OF GENERAL LAWS IN THE AMOUNTS AND FOR 16 THE PERIODS NECESSARY TO FINANCE NEEDED IMPROVEMENTS WITHIN 17 ANY CNID. 18 (8) TO REVIEW ALL PROPOSED EXPENDITURES OF FUNDS WITHIN 19 CNIDS BY CNIDMAS AND SUGGEST CHANGES TO SAME WHERE A 20 NONPROFIT CORPORATION IS THE CNIDMA. 21 (9) TO INCLUDE A SUNSET PROVISION OF NO LESS THAN FIVE 22 YEARS IN THE MUNICIPAL ENABLING ORDINANCE CREATING THE CNID 23 AND IN THE CONTRACT WITH THE CNIDMA. 24 (10) TO LEVY AN ASSESSMENT FEE ON A CASINO AS WELL AS ON 25 PROPERTY OWNERS LOCATED WITHIN A CNID NEEDED TO FINANCE 26 ADDITIONAL SUPPLEMENTAL PROGRAMS, SERVICES AND IMPROVEMENTS 27 TO BE PROVIDED OR MADE BY THE CNIDMA. 28 SECTION 505. CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT. 29 (A) ESTABLISHMENT.-- 30 (1) THE GOVERNING BODY OF A MUNICIPALITY OR ANY 20070H1620B4001 - 37 -
1 MUNICIPAL BUSINESSES OR RESIDENTS OR COMBINATION THEREOF MAY 2 INITIATE ACTION TO ESTABLISH A CNID OR CNIDS WITHIN THE 3 MUNICIPALITY UNDER THIS CHAPTER. 4 (2) IN THE CASE OF BUSINESSES OR RESIDENTS OR BOTH 5 DESIRING TO ESTABLISH A CNID WHERE THE MUNICIPALITY HAS NOT 6 TAKEN ACTION TO DO SO, THE GOVERNING BODY OF THE MUNICIPALITY 7 MAY BE PETITIONED TO ESTABLISH A CNID UNDER THE PROCEDURES 8 PROVIDED FOR UNDER THIS CHAPTER. 9 (B) SPECIFIC PROCEDURES.-- 10 (1) A COPY OF ALL INFORMATION REQUIRED UNDER THIS 11 SECTION, AS WELL AS THE DATE, LOCATION AND TIME OF ANY PUBLIC 12 HEARING REQUIRED UNDER THIS CHAPTER, SHALL BE PROVIDED BY THE 13 MUNICIPAL CORPORATION TO ALL PROPERTY OWNERS AND LESSEES OF 14 PROPERTY LOCATED IN THE PROPOSED CNID AT LEAST 30 DAYS PRIOR 15 TO THE FIRST PUBLIC HEARING REQUIRED UNDER THIS SECTION. 16 (2) AT LEAST ONE PUBLIC HEARING FOR THE PURPOSE OF 17 RECEIVING PUBLIC COMMENT FROM AFFECTED PROPERTY OWNERS WITHIN 18 THE PROPOSED CNID ON THE PROPOSED CNIDP SHALL BE HELD BY THE 19 MUNICIPALITY BEFORE THE ESTABLISHMENT OF A CNID. NOTICE OF 20 THE HEARING SHALL BE ADVERTISED AT LEAST TEN DAYS PRIOR 21 THERETO IN A NEWSPAPER OF GENERAL CIRCULATION IN THE 22 MUNICIPALITY. 23 (3) ANY OBJECTIONS BY PROPERTY OWNERS WITHIN THE 24 PROPOSED CNID MUST BE MADE IN WRITING AND SIGNED BY THE 25 PROPERTY OWNERS AND FILED IN THE OFFICE OF THE CLERK FOR THE 26 MUNICIPAL CORPORATION OF THE MUNICIPALITY IN WHICH THE CNID 27 IS PROPOSED. 28 (C) CONTENTS OF PRELIMINARY PLAN.--THE PRELIMINARY PLAN 29 SHALL INCLUDE THE FOLLOWING: 30 (1) A MAP INDICATING THE BOUNDARIES, BY STREET, OF THE 20070H1620B4001 - 38 -
1 PROPOSED CNID. 2 (2) A WRITTEN REPORT FROM THE MUNICIPALITY CONTAINING: 3 (I) THE NAME OF THE PROPOSED DISTRICT. 4 (II) A DETAILED DESCRIPTION OF THE SERVICE AREAS OF 5 THE PROPOSED DISTRICT. 6 (III) THE NAME OF THE CASINO TO BE ASSESSED. 7 (IV) A LIST OF ALL OTHER PROPERTIES TO BE ASSESSED. 8 (V) A LIST OF PROPOSED IMPROVEMENTS WITHIN THE CNID 9 AND THEIR ESTIMATED COST. 10 (VI) A PROPOSED BUDGET FOR THE FIRST FISCAL YEAR, 11 INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: 12 (A) PERSONNEL AND ADMINISTRATION; 13 (B) PROGRAMS AND SERVICES; 14 (C) MAINTENANCE AND OPERATION; AND 15 (D) CAPITAL EXPENDITURES. 16 (VII) THE PROPOSED REVENUE SOURCES FOR FINANCING ALL 17 PROPOSED IMPROVEMENTS, PROGRAMS AND SERVICES. 18 (VIII) THE ESTIMATED TIME FOR IMPLEMENTATION AND 19 COMPLETION OF ALL PROPOSED IMPROVEMENTS, PROGRAMS AND 20 SERVICES. 21 (IX) A STATEMENT IDENTIFYING THE ADMINISTRATIVE BODY 22 WHICH WILL GOVERN AND ADMINISTER THE CNID. 23 (X) ANY OTHER INFORMATION, INCLUDING THE STATUTORY 24 AUTHORITY OR, IN THE CASE OF A NONPROFIT CORPORATION, THE 25 BYLAWS, WHICH DESCRIBE THE POWERS AND DUTIES OF AND THE 26 METHOD FOR MAKING DECISIONS BY THE CNIDMA. 27 (XI) THE METHOD OF DETERMINING THE AMOUNT OF THE 28 ASSESSMENT FEE TO BE LEVIED ON PROPERTY OWNERS WITHIN THE 29 CNID UNDER SECTION 507. 30 (D) ADDITIONAL PLAN PROVISIONS.--THE PLAN SHALL ALSO PROVIDE 20070H1620B4001 - 39 -
1 FOR THE FOLLOWING: 2 (1) DETAILS OF THE SPECIFIC DUTIES AND RESPONSIBILITIES 3 OF BOTH THE CNIDMA AND THE MUNICIPAL CORPORATION WITH RESPECT 4 TO THE CNID. 5 (2) A REQUIREMENT THAT A WRITTEN AGREEMENT BE SIGNED BY 6 THE MUNICIPAL CORPORATION AND THE CNIDMA WHICH: 7 (I) DESCRIBES IN DETAIL THEIR RESPECTIVE DUTIES AND 8 RESPONSIBILITIES; 9 (II) PROVIDES THAT THE MUNICIPALITY MUST MAINTAIN 10 THE SAME LEVEL OF MUNICIPAL PROGRAMS AND SERVICES 11 PROVIDED WITHIN THE CNID AFTER CNID DESIGNATION AS BEFORE 12 CNID DESIGNATION; AND 13 (III) PROVIDES THAT THE MUNICIPALITY ESTABLISHING A 14 CNID SHALL BE RESPONSIBLE FOR THE COLLECTION OF ALL 15 PROPERTY ASSESSMENT FEES LEVIED WITHIN THE CNID IF SO 16 DESIRED BY THE CNIDMA. 17 (3) INCENTIVES FOR TAX-EXEMPT PROPERTY OWNERS LOCATED 18 WITHIN THE CNID TO PROVIDE IN-KIND SERVICES OR A FINANCIAL 19 CONTRIBUTION TO THE CNIDMA, IF NOT ASSESSED, IN LIEU OF A 20 PROPERTY ASSESSMENT FEE. 21 (4) A SUNSET PROVISION OF NO LESS THAN FIVE YEARS FOR 22 RENEWAL OF THE AGREEMENT. 23 (5) THE PROCEDURE BY WHICH AFFECTED PROPERTY OWNERS, 24 WITH THE EXCEPTION OF THE OWNERS OF THE CASINO SITUATED 25 WITHIN THE CNID, MAY DEFEAT A PROPOSAL TO ESTABLISH A CNID, 26 AS FOLLOWS: 27 (I) A NEGATIVE VOTE OF AT LEAST 51% OF THE PROPERTY 28 OWNERS WITHIN THE CNID OR PROPERTY OWNERS WITHIN THE CNID 29 WHOSE PROPERTY VALUATION AS ASSESSED FOR TAXABLE PURPOSES 30 AMOUNTS TO 51% OF THE TOTAL PROPERTY VALUATION LOCATED 20070H1620B4001 - 40 -
1 WITHIN THE CNID PROPOSED IN THE FINAL PLAN SHALL BE 2 REQUIRED TO DEFEAT THE ESTABLISHMENT OF THE PROPOSED 3 CNID; AND 4 (II) THOSE OBJECTING TO THE ESTABLISHMENT OF A CNID 5 SHALL FILE OBJECTIONS WITH THE CLERK FOR THE MUNICIPAL 6 CORPORATION WITHIN 45 DAYS OF PRESENTATION OF THE FINAL 7 PLAN WHERE THE GOVERNING BODY OF THE MUNICIPALITY IS 8 INCLINED TO ESTABLISH A CNID. 9 (E) FINAL PLAN.--PRIOR TO THE ESTABLISHMENT OF A CNID, THE 10 MUNICIPALITY SHALL SUBMIT A REVISED FINAL PLAN TO PROPERTY 11 OWNERS LOCATED WITHIN THE PROPOSED CNID WHICH INCORPORATES 12 CHANGES MADE TO THE PLAN BASED ON COMMENTS FROM AFFECTED 13 PROPERTY OWNERS WITHIN THE CNID PROVIDED AT THE PUBLIC HEARINGS 14 OR AT SOME OTHER TIME. CHANGES TO THE FINAL PLAN WHICH DIFFER 15 FROM THE PRELIMINARY PLAN SHALL BE INDICATED IN AN EASILY 16 DISCERNIBLE METHOD FOR THE READER, INCLUDING, BUT NOT LIMITED 17 TO, CHANGES BEING IN BOLDFACE OR ITALIC TYPE. 18 (F) PUBLIC HEARING.--AT LEAST ONE PUBLIC HEARING FOR THE 19 PURPOSE OF RECEIVING PUBLIC COMMENT ON ANY REVISIONS TO THE 20 PRELIMINARY PLAN MADE FOLLOWING SUGGESTIONS BY AFFECTED PROPERTY 21 OWNERS WITHIN THE PROPOSED CNID AND REFLECTED IN THE FINAL CNIDP 22 SHALL BE HELD BY THE MUNICIPAL CORPORATION BEFORE ENACTING AN 23 ORDINANCE ESTABLISHING A CNID. NOTICE OF THE HEARING SHALL BE 24 ADVERTISED AT LEAST TEN DAYS PRIOR THERETO IN A NEWSPAPER OF 25 GENERAL CIRCULATION IN THE MUNICIPALITY. 26 (G) VETO OF FINAL PLAN FOR CNID.-- 27 (1) FOLLOWING THE LAST PUBLIC HEARING REQUIRED UNDER 28 SUBSECTION (F), OR UNDER SUBSECTION (H) IF AN AMENDMENT TO 29 THE FINAL PLAN IS FILED, AFFECTED PROPERTY OWNERS LOCATED 30 WITHIN A PROPOSED CNID, EXCEPTING THE OWNER OF THE CASINO, 20070H1620B4001 - 41 -
1 SHALL HAVE 45 DAYS FROM THE DATE OF THE HEARING TO OBJECT TO 2 AND DISAPPROVE THE FINAL PLAN OR ANY AMENDMENT TO THE FINAL 3 PLAN UNDER THE REQUIREMENTS OF SUBSECTION (B)(3). 4 (2) IF 51% OR MORE OF THE AFFECTED PROPERTY OWNERS, OR 5 PROPERTY OWNERS WHOSE PROPERTY VALUATION AS ASSESSED FOR 6 TAXABLE PURPOSES AMOUNTS TO 51% OF THE TOTAL PROPERTY 7 VALUATION WITHIN THE PROPOSED CNID, EXCLUDING IN BOTH 8 CIRCUMSTANCES THE OWNER OF THE CASINO, FAIL TO REGISTER THEIR 9 DISAPPROVAL OF THE FINAL PLAN OR AMENDMENT TO THE FINAL PLAN 10 IN WRITING WITH THE CLERK OF THE MUNICIPAL CORPORATION OF THE 11 MUNICIPALITY IN WHICH THE CNID IS PROPOSED, THE MUNICIPAL 12 CORPORATION OF THE MUNICIPALITY MAY, FOLLOWING THE 45-DAY 13 PERIOD, ENACT A MUNICIPAL ORDINANCE ESTABLISHING A CNID UNDER 14 THIS CHAPTER OR, IN THE CASE OF AN AMENDMENT TO THE FINAL 15 PLAN, ADOPT ANY AMENDMENTS TO THE ORDINANCE. 16 (H) AMENDMENTS TO FINAL PLAN.-- 17 (1) THE FINAL PLAN MAY BE AMENDED BY THE CNIDMA ANY TIME 18 AFTER THE ESTABLISHMENT OF A CNID, PURSUANT TO THE PROVISIONS 19 OF THIS CHAPTER, UPON THE RECOMMENDATION OF THE CNIDMA BOARD, 20 PROVIDED THERE IS CONCURRENCE WITH THE OWNERS, EXCLUDING THE 21 OWNERS OF THE CASINO SITUATED WITHIN THE CNID, OF AT LEAST 22 51% OF THE ASSESSED VALUATION OF ALL PROPERTY WITHIN THE CNID 23 OR 51% OF THE PROPERTY OWNERS WITHIN THE CNID. 24 (2) AMENDMENTS TO THE FINAL PLAN WHICH ALSO REQUIRE THE 25 APPROVAL OF THE MUNICIPAL CORPORATION OF THE MUNICIPALITY 26 ESTABLISHING THE CNID INCLUDE: 27 (I) SUBSTANTIALLY CHANGED OR ADDED PROGRAMS, 28 IMPROVEMENTS AND SERVICES TO BE PROVIDED IN THE CNID. 29 (II) INCREASED EXPENDITURES AFFECTING MORE THAN 25% 30 OF THE TOTAL CNIDMA BUDGET FOR THE FISCAL YEAR. 20070H1620B4001 - 42 -
1 (III) INCURRING INCREASED INDEBTEDNESS. 2 (IV) CHANGING THE ASSESSMENT FEE STRUCTURE LEVIED ON 3 PROPERTY OWNERS IN THE CNID. 4 (V) CHANGING THE LEGAL ENTITY, CNIDMA, WHICH 5 PROVIDES PROGRAMS, IMPROVEMENTS AND SERVICES WITHIN THE 6 CNID. 7 (VI) CHANGING THE CNID SERVICE AREA BOUNDARIES PRIOR 8 TO THE MUNICIPAL CORPORATION OF THE MUNICIPALITY 9 APPROVING ANY OF THE CHANGES IN THIS PARAGRAPH; THE 10 MUNICIPAL CORPORATION SHALL HOLD AT LEAST ONE PUBLIC 11 HEARING TO DETERMINE THAT THE CHANGES ARE IN THE PUBLIC 12 INTEREST AS THEY RELATE TO AFFECTED PROPERTY OWNERS 13 WITHIN THE CNID. 14 (3) THE MUNICIPALITY SHALL PROVIDE PUBLIC NOTICE OF A 15 HEARING FOR ANY AMENDMENTS BY PUBLICATION OF A NOTICE IN AT 16 LEAST ONE NEWSPAPER HAVING A GENERAL CIRCULATION WITHIN THE 17 MUNICIPALITY. THE NOTICE SHALL SET FORTH THE DATE, TIME AND 18 LOCATION OF SUCH HEARING AND THE AMENDMENTS TO BE CONSIDERED. 19 THIS NOTICE SHALL BE PUBLISHED ONCE AT LEAST TEN DAYS PRIOR 20 TO THE DATE OF THE HEARING. 21 (4) THE GOVERNING BODY OF THE MUNICIPALITY MAY, WITHIN 22 30 DAYS FOLLOWING THE PUBLIC HEARING AND AT ITS SOLE 23 DISCRETION, APPROVE OR DISAPPROVE ANY AMENDMENTS TO THE PLAN. 24 IF APPROVED, THE AMENDMENTS SHALL BE EFFECTIVE UPON THE DATE 25 OF SUCH APPROVAL. 26 (5) PRIOR TO THE ADOPTION OF AN AMENDMENT TO THE CNID 27 BOUNDARIES WHICH INCREASES THE SIZE OF THE CNID, AN OWNER OF 28 PROPERTY TO BE ADDED TO THE CNID SHALL BE NOTIFIED OF THE 29 DATE, TIME AND LOCATION OF THE PUBLIC HEARING ON THE PROPOSED 30 AMENDMENT TO THE FINAL PLAN AND PROVIDED ALL INFORMATION 20070H1620B4001 - 43 -
1 REQUIRED UNDER SUBSECTION (C). 2 SECTION 506. CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT 3 MANAGEMENT ASSOCIATION. 4 (A) ASSOCIATION DESIGNATED.--WHEN A MUNICIPALITY ESTABLISHES 5 A CNID UNDER THIS CHAPTER, A CASINO NEIGHBORHOOD IMPROVEMENT 6 DISTRICT MANAGEMENT ASSOCIATION SHALL BE DESIGNATED BY THE 7 MUNICIPAL CORPORATION OF THE MUNICIPALITY IN WHICH THE CNID IS 8 TO BE LOCATED TO ADMINISTER PROGRAMS, IMPROVEMENTS AND SERVICES 9 WITHIN THE CNID. 10 (B) ADMINISTRATION.--CNIDS ESTABLISHED IN ACCORDANCE WITH 11 THIS CHAPTER SHALL BE ADMINISTERED BY A CNIDMA WHICH SHALL BE 12 ONE OF THE FOLLOWING: 13 (1) AN AUTHORITY CREATED PURSUANT TO THE MUNICIPALITY 14 AUTHORITIES ACT. 15 (2) A NONPROFIT CORPORATION ESTABLISHED BY THE MUNICIPAL 16 CORPORATION OR AUTHORIZED TO BE ESTABLISHED BY THE MUNICIPAL 17 CORPORATION OF THE MUNICIPALITY IN WHICH THE CNID IS TO BE 18 LOCATED, TO ADMINISTER THE CNIDP. 19 (C) POWERS.--A CNIDMA CREATED UNDER THIS CHAPTER SHALL 20 ASSUME ALL POWERS PROVIDED FOR UNDER SECTION 507 IMMEDIATELY 21 UPON THE EFFECTIVE DATE OF THE MUNICIPAL ORDINANCE ENACTED UNDER 22 SECTION 504 CREATING A CNID. 23 (D) BOARD.--EVERY CNIDMA SHALL HAVE AN ADMINISTRATIVE BOARD. 24 (1) WHERE AN AUTHORITY IS ESTABLISHED IN ACCORDANCE WITH 25 THE MUNICIPALITY AUTHORITIES ACT AND SERVES AS THE CNIDMA, 26 THE BOARD SHALL BE APPOINTED UNDER THE MUNICIPALITY 27 AUTHORITIES ACT. 28 (2) WHERE A NONPROFIT DEVELOPMENT CORPORATION OR OTHER 29 NONPROFIT CORPORATION IS ESTABLISHED TO SERVE AS THE CNIDMA, 30 THE BOARD SHALL BE COMPRISED OF AN ODD NUMBER OF MEMBERS, 20070H1620B4001 - 44 -
1 BETWEEN NINE AND 13, WITH AT LEAST ONE MEMBER REPRESENTING 2 THE MUNICIPAL CORPORATION IN WHICH THE CNID IS LOCATED. 3 (3) IN ALL CASES, CNIDMA BOARDS SHALL INCLUDE A 4 REPRESENTATIVE OF PROPERTY OWNERS, BUSINESS OWNERS, LOCALLY 5 RECOGNIZED CIVIC ASSOCIATIONS AND ANY INSTITUTIONS LOCATED IN 6 THE CNID. THERE SHALL ALSO BE FOUR NONVOTING MEMBERS, 7 INCLUDING A REPRESENTATIVE OF THE MUNICIPALITY, A MEMBER OF 8 THE MUNICIPAL CORPORATION AND THE STATE SENATOR AND STATE 9 REPRESENTATIVE REPRESENTING THE DISTRICT. INSTITUTIONAL 10 MEMBERS, MUNICIPAL CORPORATION MEMBERS AND STATE SENATORS AND 11 STATE REPRESENTATIVES MAY APPOINT DESIGNEES. A BOARD MEMBER 12 NEED NOT BE A RESIDENT OF THE CNID. 13 SECTION 507. POWERS OF CASINO NEIGHBORHOOD IMPROVEMENT DISTRICT 14 MANAGEMENT ASSOCIATION. 15 (A) GENERAL POWERS.--A CNIDMA SHALL HAVE, IN ADDITION TO ANY 16 OTHER POWERS PROVIDED UNDER THE MUNICIPALITY AUTHORITIES ACT IF 17 THE CNIDMA IS AN AUTHORITY, OR IN ADDITION TO ANY OTHER POWERS 18 PROVIDED PURSUANT TO THE CHARTER ESTABLISHING A NONPROFIT 19 CORPORATION WHERE THE CNIDMA IS A NONPROFIT CORPORATION, THE 20 POWER TO: 21 (1) PREPARE PLANNING OR FEASIBILITY STUDIES OR CONTRACT 22 FOR THE PREPARATION OF THE SAME TO DETERMINE NEEDED CAPITAL 23 IMPROVEMENTS OR ADMINISTRATIVE PROGRAMS AND SERVICES WITHIN 24 THE CNID. 25 (2) MAKE CAPITAL IMPROVEMENTS OR PROVIDE ADMINISTRATIVE 26 PROGRAMS AND SERVICES WITHIN A CNID. 27 (3) CONTRACT WITH EXISTING BUSINESSES WITHIN THE CNID. 28 (4) CONTRACT FOR THE PROVISION OF PRODUCTS OR SERVICES 29 BY THE CNIDMA TO CLIENTS LOCATED INSIDE AND OUTSIDE THE CNID, 30 INCLUDING BILLING AND COLLECTION OF ASSESSMENT FEES BY 20070H1620B4001 - 45 -
1 ANOTHER CNIDMA. 2 (5) APPROPRIATE AND EXPEND CNID FUNDS WHICH WOULD 3 INCLUDE ANY FEDERAL, STATE OR MUNICIPAL FUNDS RECEIVED BY THE 4 CNIDMA. THE FUNDS SHALL BE EXPENDED IN ACCORDANCE WITH ANY 5 SPECIFIC PROVISIONS CONTAINED IN THE MUNICIPAL ENABLING 6 ORDINANCE ESTABLISHING THE CNID AND MAY BE USED: 7 (I) TO ACQUIRE BY PURCHASE OR LEASE REAL OR PERSONAL 8 PROPERTY TO EFFECTUATE THE PURPOSES OF THIS CHAPTER, 9 INCLUDING MAKING COMMON IMPROVEMENTS WITHIN THE CNID, 10 INCLUDING, BUT NOT LIMITED TO, SIDEWALKS, RETAINING 11 WALLS, STREET PAVING, PARKS, RECREATIONAL EQUIPMENT AND 12 FACILITIES, OPEN SPACE, STREET LIGHTING, PARKING LOTS, 13 PARKING GARAGES, TREES AND SHRUBBERY, PEDESTRIAN WALKS, 14 SEWERS, WATER LINES, REST AREAS AND THE ACQUISITION, 15 REHABILITATION OR DEMOLITION OF BLIGHTED BUILDINGS OR 16 COMPARABLE STRUCTURES. 17 (II) TO PROVIDE FREE OR REDUCED-FEE PARKING FOR 18 CUSTOMERS OF BUSINESSES WITHIN THE CNID, TRANSPORTATION- 19 RELATED EXPENDITURES, PUBLIC RELATIONS PROGRAMS, GROUP 20 ADVERTISING AND CNID MAINTENANCE AND SECURITY SERVICES. 21 (III) TO IMPOSE SPECIAL ASSESSMENT FEES. 22 (6) SOLICIT IN-KIND SERVICES OR FINANCIAL CONTRIBUTIONS 23 FROM TAX-EXEMPT PROPERTY OWNERS WITHIN THE CNID IN LIEU OF 24 PROPERTY ASSESSMENT FEES. 25 (7) IMPOSE LIENS ON PROPERTY FOR THE NONPAYMENT OF 26 PROPERTY ASSESSMENTS. IF THE CNID IS ADMINISTERED BY A 27 NONPROFIT CORPORATION, THE MUNICIPAL CORPORATION SHALL FILE 28 THE LIENS. 29 (8) HIRE ADDITIONAL OFF-DUTY POLICE OFFICERS OR PRIVATE 30 SECURITY OFFICERS WHOSE PATROL AREA RESPONSIBILITIES SHALL BE 20070H1620B4001 - 46 -
1 LIMITED TO THE GEOGRAPHIC AREA INCORPORATED WITHIN THE 2 DESIGNATED CNID SERVICE AREA AND WHOSE RESPONSIBILITY SHALL 3 BE TO SUPPORT EXISTING MUNICIPAL AND VOLUNTEER EFFORTS AIMED 4 AT REDUCING CRIME AND IMPROVING SECURITY IN THE CNID. 5 (9) DESIGNATE A DISTRICT ADVISORY COUNCIL FOR EACH CNID 6 ESTABLISHED WITHIN THE MUNICIPALITY. EACH DAC SHALL CONSIST 7 OF AN ODD NUMBER OF MEMBERS, BETWEEN FIVE AND NINE, WHO SHALL 8 BE REPRESENTATIVE OF THE NEIGHBORHOOD'S CHARACTER, INCLUDING, 9 BUT NOT LIMITED TO, AGE, GENDER AND CULTURAL DIVERSITY. 10 (B) SPECIAL ASSESSMENT ON CASINOS.--THE CNIDMA MAY, UPON 11 APPROVAL OF THE MUNICIPAL CORPORATION OF A MUNICIPALITY, ASSESS 12 THE OWNERS OF A CASINO SITUATED WITHIN THE CNID A FEE NOT TO 13 EXCEED 3.25% OF GROSS TERMINAL RECEIPTS TO BE ACCOUNTED FOR AND 14 USED BY THE CNIDMA TO MITIGATE IMPACTS ON THE CITIZENS AND 15 NEIGHBORHOODS OF THE CNID HOSTING A CASINO AS WELL AS TO MAKE 16 IMPROVEMENTS AND PROVIDE PROGRAMS AND SERVICES WITHIN THE CNID 17 AS AUTHORIZED BY THIS CHAPTER. 18 (C) SPECIAL PROPERTY ASSESSMENT FEES.-- 19 (1) THE CNIDMA MAY, UPON APPROVAL BY THE MUNICIPAL 20 CORPORATION OF THE MUNICIPALITY, ASSESS PROPERTY OWNERS 21 WITHIN THE CNID A SPECIAL PROPERTY ASSESSMENT FEE. THE FEE 22 SHALL NOT BE APPLICABLE TO OR ASSESSABLE UPON THE OWNERS OF A 23 CASINO THAT IS SITUATED WITHIN THE DISTRICT. REVENUES FROM 24 THE FEE SHALL BE ACCOUNTED FOR AND USED BY THE CNIDMA TO MAKE 25 IMPROVEMENTS AND PROVIDE PROGRAMS AND SERVICES WITHIN THE 26 CNID AS AUTHORIZED UNDER THIS CHAPTER. THE CNIDMA SHALL 27 EXEMPT ALL RESIDENTIAL PROPERTY OWNERS WITHIN THE DISTRICT 28 FROM ANY SPECIAL PROPERTY ASSESSMENT FEES. 29 (2) ALL ASSESSMENTS AUTHORIZED UNDER THIS SECTION SHALL 30 BE CALCULATED USING JANUARY 1 AS THE FIRST DAY OF THE FISCAL 20070H1620B4001 - 47 -
1 YEAR. 2 (3) ALL SPECIAL PROPERTY ASSESSMENT FEES SHALL BE BASED 3 UPON THE ESTIMATED COST OF THE PROGRAMS, IMPROVEMENTS OR 4 SERVICES TO BE PROVIDED IN THE CNID AS STATED IN THE FINAL 5 PLAN UNDER SECTION 505(E). IN NO CASE SHALL THE AGGREGATE 6 AMOUNT OF ALL FEES LEVIED BY THE CNIDMA DURING THE YEAR 7 EXCEED THE ESTIMATED COST OF PROPOSED PROGRAMS, IMPROVEMENTS 8 AND SERVICES FOR THE YEAR. 9 (4) THE TOTAL COSTS OF IMPROVEMENTS, PROGRAMS AND 10 ADMINISTRATIVE SERVICES PROVIDED BY A CNIDMA SHALL BE 11 ASSESSED TO ALL DESIGNATED PROPERTIES, EXCLUDING CASINOS AND 12 RESIDENTIAL PROPERTIES, WITHIN THE CNID BY ONE OF THE 13 FOLLOWING METHODS: 14 (I) AN ASSESSMENT DETERMINED BY MULTIPLYING THE 15 TOTAL SERVICE AND IMPROVEMENT COSTS BY THE RATIO OF THE 16 ASSESSED VALUE OF THE BENEFITED PROPERTY TO THE TOTAL 17 ASSESSED VALUATION OF ALL DESIGNATED BENEFITED PROPERTIES 18 IN THE CNID. 19 (II) AN ASSESSMENT UPON THE SEVERAL PROPERTIES IN 20 THE CNID IN PROPORTION TO BENEFITS AS ASCERTAINED BY 21 VIEWERS APPOINTED IN ACCORDANCE WITH LAW. 22 (III) ANY METHOD THAT EQUITABLY APPORTIONS COSTS 23 AMONG BENEFITING PROPERTIES. 24 (IV) IN THE CASE OF IMPROVEMENTS BENEFITING 25 PROPERTIES ABUTTING THE CNID BY THE FRONT-FOOT METHOD, 26 WITH EQUITABLE ADJUSTMENTS FOR CORNER PROPERTIES AND 27 OTHER CASES PROVIDED FOR IN THE MUNICIPAL ORDINANCE. ANY 28 PROPERTY WHICH CANNOT BE EQUITABLY ASSESSED BY THE FRONT- 29 FOOT METHOD MAY BE ASSESSED BY ANY OF THE ABOVE METHODS. 30 (5) THE GOVERNING BODY MAY BY ORDINANCE AUTHORIZE THE 20070H1620B4001 - 48 -
1 PAYMENT OF THE ASSESSMENT IN EQUAL ANNUAL OR MORE FREQUENT 2 INSTALLMENTS OVER SUCH TIME AND BEARING INTEREST AT THE RATE 3 SPECIFIED IN THE MUNICIPAL ORDINANCE. IF BONDS HAVE BEEN 4 ISSUED AND SOLD OR NOTES OR GUARANTEES HAVE BEEN GIVEN OR 5 ISSUED TO PROVIDE FOR THE COSTS OF THE SERVICES AND 6 IMPROVEMENTS, THE ASSESSMENT IN EQUAL INSTALLMENTS SHALL NOT 7 BE PAYABLE BEYOND THE TERM FOR WHICH THE BONDS, NOTES OR 8 GUARANTEES ARE PAYABLE. 9 (D) LIENS.-- 10 (1) NOTWITHSTANDING THE FILING OF THE CLAIMS, ALL 11 ASSESSMENTS UNDER SUBSECTIONS (B) AND (C) WHICH ARE MADE 12 PAYABLE IN INSTALLMENTS SHALL CONSTITUTE LIENS AND 13 ENCUMBRANCES UPON THE RESPECTIVE PROPERTIES AT THE BEGINNING 14 OF EACH CALENDAR YEAR, EXCEPT AS PROVIDED UNDER SUBSECTION 15 (C)(5), AND ONLY IN AN AMOUNT EQUAL TO THE SUM OF: 16 (I) THE ANNUAL OR OTHER INSTALLMENTS BECOMING 17 PAYABLE IN SUCH YEAR, WITH INTEREST AND PENALTIES, IF 18 ANY, THEREON; AND 19 (II) THE TOTAL OF ALL INSTALLMENTS, WITH INTEREST 20 AND PENALTIES THEREON, WHICH BECAME DUE DURING PRIOR 21 YEARS AND WHICH REMAIN DUE AND UNPAID AT THE BEGINNING OF 22 THE CURRENT YEAR. 23 (2) IN THE CASE OF DEFAULT IN THE PAYMENT OF ANY 24 INSTALLMENT AND INTEREST FOR A PERIOD OF 90 DAYS AFTER THE 25 PAYMENT BECOMES DUE, THE ASSESSMENT ORDINANCE MAY PROVIDE 26 EITHER FOR THE ENTIRE ASSESSMENT, WITH ACCRUED INTEREST AND 27 PENALTIES, TO BECOME DUE AND BECOME A LIEN FROM THE DUE DATE 28 OF THE INSTALLMENT OR MAY PROVIDE SOLELY FOR THE ENFORCEMENT 29 OF THE CLAIM AS TO THE OVERDUE INSTALLMENT, WITH INTEREST AND 30 PENALTIES, IN WHICH CASE THE ORDINANCE SHALL FURTHER PROVIDE 20070H1620B4001 - 49 -
1 THAT, IF ANY INSTALLMENT OR PORTION THEREOF REMAINS DUE AND 2 UNPAID FOR ONE YEAR AFTER IT HAS BECOME DUE AND PAYABLE, THEN 3 THE ENTIRE ASSESSMENT WITH ACCRUED INTEREST AND PENALTIES 4 SHALL BECOME DUE AND BECOME A LIEN FROM THE DUE DATE OF THE 5 INSTALLMENT. 6 (3) NO ACTION TAKEN TO ENFORCE A CLAIM FOR ANY 7 INSTALLMENT OR INSTALLMENTS SHALL AFFECT THE STATUS OF ANY 8 SUBSEQUENT INSTALLMENT OF THE SAME ASSESSMENT, EACH OF WHICH 9 SHALL CONTINUE TO BECOME A LIEN UPON THE PROPERTY ANNUALLY 10 PURSUANT TO PARAGRAPH (1). 11 (4) THE ORDINANCE MAY CONTAIN ANY OTHER PROVISION 12 RELATING TO INSTALLMENT ASSESSMENTS WHICH IS NOT INCONSISTENT 13 WITH APPLICABLE LAW. 14 (5) ANY OWNER OF PROPERTY AGAINST WHOM AN ASSESSMENT HAS 15 BEEN MADE MAY PAY THE ASSESSMENT IN FULL AT ANY TIME, WITH 16 ACCRUED INTEREST AND COSTS THEREON, AND SUCH A PAYMENT SHALL 17 DISCHARGE THE LIEN OF THE ASSESSMENT OR INSTALLMENTS THEN 18 CONSTITUTING A LIEN AND SHALL ALSO RELEASE THE CLAIM TO ANY 19 LATER INSTALLMENTS. 20 (6) CLAIMS TO SECURE THE ASSESSMENTS SHALL BE ENTERED IN 21 THE OFFICE OF THE PROTHONOTARY AT THE SAME TIME AND IN THE 22 SAME FORM AND COLLECTED IN THE SAME MANNER AS MUNICIPAL TAX 23 CLAIMS ARE FILED AND COLLECTED, NOTWITHSTANDING THE 24 PROVISIONS OF THIS SECTION AS TO INSTALLMENT PAYMENTS. 25 SECTION 508. DISSOLUTION OF CASINO NEIGHBORHOOD IMPROVEMENT 26 DISTRICT MANAGEMENT ASSOCIATION AND CASINO 27 NEIGHBORHOOD IMPROVEMENT DISTRICT. 28 (A) CONVEYING PROJECTS.--WHEN ANY CNIDMA SHALL HAVE FINALLY 29 PAID AND DISCHARGED ALL BONDS WHICH TOGETHER WITH THE INTEREST 30 DUE THEREON SHALL HAVE BEEN SECURED BY A PLEDGE OF ANY OF THE 20070H1620B4001 - 50 -
1 REVENUES OR RECEIPTS OF A PROJECT, IT MAY, SUBJECT TO ANY 2 AGREEMENTS CONCERNING THE OPERATION OR DISPOSITION OF SUCH 3 PROJECT AND THE CNIDMA BYLAWS, CONVEY SUCH PROJECT OR PROJECTS 4 TO THE MUNICIPAL CORPORATION WHICH ESTABLISHED OR HAD 5 ESTABLISHED THE CNIDMA. 6 (B) REQUEST FOR TERMINATION.--ANY REQUEST FOR THE 7 TERMINATION OF THE CNID AND CNIDMA APPROVED BY 51% OF THE 8 ASSESSED PROPERTY OWNERS, EXCLUDING THE OWNERS OF THE CASINO 9 SITUATED WITHIN THE CNID, IN NUMBERS, LOCATED IN THE CNID SHALL 10 BE SUBMITTED TO THE MUNICIPAL CORPORATION IN WRITING. THE 11 MUNICIPAL CORPORATION SHALL HOLD A HEARING ON THE MERITS OF THE 12 REQUEST IN ACCORDANCE WITH SECTION 505(B)(2) AS IT RELATES TO 13 THE REQUIRED PROCEDURE OF HOLDING A HEARING. SUCH WRITTEN 14 REQUEST SHALL BE CONSIDERED BY THE MUNICIPAL CORPORATION. IF THE 15 REQUEST IS APPROVED BY THE MUNICIPAL CORPORATION, THEN A 16 RESOLUTION TO THAT EFFECT SHALL BE FILED WITH THE SECRETARY OF 17 THE COMMONWEALTH, AND THE SECRETARY SHALL NOTE THE TERMINATION 18 OF THE EXISTENCE ON THE RECORD OF INCORPORATION AND RETURN THE 19 RESOLUTION WITH HIS OR HER APPROVAL SHOWN ON THE RESOLUTION TO 20 THE MUNICIPAL CORPORATION. THE PROPERTY OF THE CNIDMA SHALL THEN 21 PASS TO THE MUNICIPAL CORPORATION, AS THE CASE MAY BE, AND THE 22 CNIDMA AND CNID SHALL CEASE TO EXIST. ANY REQUEST FOR THE 23 TERMINATION OF THE CNID AND CNIDMA BY THE MUNICIPAL CORPORATION 24 IN WHICH THE CNID IS LOCATED SHALL RESULT IN A HEARING ON THE 25 MERITS OF THE SAME PURSUANT TO SECTION 505(B)(2) AS IT RELATES 26 TO THE REQUIRED PROCEDURE FOR HOLDING A HEARING. BEFORE THE 27 DECISION TO TERMINATE A CNID AND CNIDMA IS MADE, TERMINATION 28 MUST BE APPROVED BY 51% OF THE ASSESSED PROPERTY OWNERS, IN 29 NUMBERS, EXCLUDING THE OWNERS OF A CASINO SITUATED WITHIN THE 30 DISTRICT LOCATED IN THE CNID AND SHALL BE SUBMITTED TO THE 20070H1620B4001 - 51 -
1 MUNICIPAL CORPORATION IN WRITING. IF THE MUNICIPAL CORPORATION 2 APPROVES THE REQUEST, THEN A RESOLUTION TO THAT EFFECT SHALL BE 3 FILED WITH THE SECRETARY OF THE COMMONWEALTH, AND THE SECRETARY 4 SHALL NOTE THE TERMINATION ON THE RECORD OF INCORPORATION AND 5 RETURN THE RESOLUTION, WITH HIS APPROVAL SHOWN, TO THE MUNICIPAL 6 CORPORATION. THE CNIDMA AND CNID SHALL CEASE TO EXIST AND THE 7 PROPERTY OF THE CNIDMA SHALL PASS TO THE MUNICIPAL CORPORATION. 8 SECTION 509. ANNUAL AUDIT AND REPORT. 9 THE CNIDMA SHALL ANNUALLY: 10 (1) SUBMIT AN AUDIT OF ALL INCOME AND EXPENDITURES TO 11 THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT AND THE 12 MUNICIPAL CORPORATION IN WHICH THE CNID IS LOCATED WITHIN 120 13 DAYS AFTER THE END OF EACH FISCAL YEAR; AND 14 (2) SUBMIT A REPORT, INCLUDING FINANCIAL AND 15 PROGRAMMATIC INFORMATION, INCLUDING A SUMMARY OF AUDIT 16 FINDINGS, TO THE MUNICIPAL CORPORATION IN WHICH THE CNID IS 17 LOCATED AND TO ALL ASSESSED PROPERTY OWNERS LOCATED IN THE 18 CNID. 19 SECTION 8. THE ACT IS AMENDED BY ADDING A CHAPTER HEADING TO 20 READ: 21 CHAPTER 7 22 MISCELLANEOUS PROVISIONS 23 SECTION 9. SECTION 11 OF THE ACT IS AMENDED TO READ: 24 SECTION [11] 701. EFFECTIVE DATE. 25 THIS ACT SHALL TAKE EFFECT IN 60 DAYS. 26 Section 2 10. This act shall take effect in 60 days. <-- B27L53DMS/20070H1620B4001 - 52 -