This shall acknowledge and respond to your June 10,2013 letter request for a legal opinion on the interplay of City Ordinances 776-95 and 1451-2008 as they relate to the Special Improvement District and Downtown Perth Amboy Business Improvement District, Inc. My answers to your three (3) questions are:

1. Ordinance 1451-2008 does not eliminate Ordinance 776-95. The intent of the 2008 ordinance was to address and amend a number of reporting relationships in the City Administration.

2. Downtown Perth Amboy Business Improvement District, Inc. (now commonly referred to as the “BID”) was created in 1995 by Ordinance 776-5 to be a non-profit corporation governed by its own corporate by¬laws. That remains the case. The operation of the BID corporation is governed by its corporate by-laws. That is not altered by the 2008 amendment of the City Administration’s reporting structure.

3. As noted above, the Downtown Perth Amboy Business Improvement District, Inc. (BID) continues to be a non-profit corporation responsible for carrying out the management functions set forth in Ordinance 776-95 in accordance with its corporate by-laws and the specific provisions of that enabling ordinance.

Mark Blunda
Law Director, City of Perth Amboy