reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-17 - "Port authority" defined

40:68-17. "Port authority" defined
As used in this article "port authority" means The Port of New York Authority created by compact of April thirtieth, one thousand nine hundred and twenty-one, between the states of New York and New Jersey, with the consent of congress and also any other public body or corporation of the state of New Jersey authorized by law to establish, maintain or operate a marine terminal.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-18 - "Marine terminal" defined

40:68-18. "Marine terminal" defined
As used in this article the words "marine terminal" means and includes a development consisting of one or more piers, wharves, docks, bulkheads, slips, basins, vehicular roadways, railroad connections, side tracks, sidings and other buildings, structures, facilities or improvements, necessary or convenient to the accommodation of steamships or other vessels and their cargoes and passengers.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-19 - "Property" defined

40:68-19. "Property" defined
As used in this article the word "property" means and includes real and personal property, chattels, lands, structures, franchises, and interests in land, including lands under water and riparian rights and any and all things and rights usually included within said term, and includes not only fees simple absolute but also any and all lessor interests, such as easements, rights of way, uses, leases, leaseholds, licenses and all other incorporeal hereditaments and estates, interest or rights, legal or equitable, including terms of years, and liens thereon by way of mortgages or otherwise.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-20 - Powers appurtenant to establishment and maintenance of marine terminals

40:68-20. Powers appurtenant to establishment and maintenance of marine terminals
Any municipality may co-operate with the port authority in the establishment, maintenance and operation of marine terminals within the corporate limits of such municipality, and for such purposes is hereby vested with the following powers which shall be exercised on behalf of such municipality by its governing body by ordinance, in the discretion of such governing body; to
a. Acquire from the port authority marine terminals and property for marine terminal purposes, upon such terms and conditions as may be agreed upon between the governing body and the port authority;
b. Enter into contracts with the port authority for the establishment, acquisition, construction, operation, maintenance and use of marine terminals and property for marine terminal purposes, either by the municipality or by the port authority, upon such terms and conditions as may be agreed upon between the governing body and the port authority, and to do so without advertisement or public notice otherwise than is required for the adoption of the ordinance;
c. Establish, acquire, construct, operate and maintain marine terminals and marine terminal property;
d. Lease, sublease and authorize subleases of marine terminals or marine terminal property, and grant franchises, wharfage rights, licenses and other rights in or to marine terminals or marine terminal property, to third persons for such periods of time and upon such terms as may seem advantageous to the governing body of the municipality, but no such lease or sublease, franchise, wharf rights, license and other rights in or to such marine terminal or marine terminal property to third persons which will afford to such third persons a monopoly of the facilities of such terminal, shall be valid unless first approved by the board of public utility commissioners;
e. Enter into a contract with such port authority providing for the making of a lease to such municipality of any such marine terminal or part thereof, for a term not exceeding fifty years upon such terms and conditions as may be fixed and prescribed in such contract, and accept any lease made in accordance with such contract and do so without making any appropriation prior to the making of such contract except to meet payments required by such lease to be made within one year after the commencement of its term.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-21 - Use of income; issuance of bonds and other obligations

40:68-21. Use of income; issuance of bonds and other obligations
The income derived by any municipality from the maintenance, operation or control of any marine terminal leased to such municipality pursuant to this article shall be paid into the municipal treasury and shall be applied to the payment of any rental or other charges or obligations required to be paid by the lease accepted by such municipality and to the payment of any expenses incident to the control, supervision and operation of the marine terminal. If in the judgment of the governing body of such municipality such income will not be sufficient to pay such rental, charges, obligations and expenses, such municipality may borrow money and issue bonds for the purpose of making such payments, and may issue temporary bonds or notes in anticipation of the sale of such bonds. Such obligations shall be issued pursuant to article 1 of chapter 1 of this title (s. 40:1-1 et seq.), notwithstanding that the purposes for which said obligations are issued may constitute current expenses. Any temporary notes or temporary bonds so issued shall mature in not exceeding one year from the date when the indebtedness evidenced thereby was incurred and any permanent or definite bonds issued for said purpose shall mature in annual installments commencing not more than one year from their date and ending not more than ten years from their date. Any such bonds shall be designated "marine terminal revenue deficit bonds" and shall recite upon their face in general terms the purpose of their issuance. No such obligations may be issued later than five years after the commencement of the term of such lease, and any such bonds shall mature not later than fifteen years after the commencement of the term of such lease.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-22 - Local harbor and water front commission; creation; members; appointment; term

40:68-22. Local harbor and water front commission; creation; members; appointment; term
The governing body of each municipality is hereby authorized to create, by ordinance, a local harbor and water front commission to be known as "The Harbor Commission of " (here insert name of municipality). Such commission shall consist of seven persons, residents of such municipality, and shall be appointed by the governing body. Two members of said commission shall be members of the governing body and shall be appointed annually, and the remaining five members shall be appointed for the following terms: one member for a term of one year; one for a term of two years; one for a term of three years; one for a term of four years and one for a term of five years. Thereafter all appointments, except the members of the governing body who shall be appointed for the period of one year, shall be for the term of five years each, and the members shall serve until their successors are appointed and qualified.
L.1940, c. 161, p. 513, s. 1, eff. June 28, 1940.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-23 - Powers and duties.

40:68-23 Powers and duties.
2. The commission so created shall be vested with such powers and duties as shall be defined and designated by ordinance adopted by the governing body of such municipality with respect to the management, operation and control of the harbor and water front owned or leased by said municipality, including the construction, maintenance, operation and use of the harbor, water front, beach, land and all properties, structures, piers, bulkheads and jetties located upon lands owned or leased by the municipality and upon lands owned or leased by the municipality contiguous to such harbor, water front and beach. A commission is vested with the power to raise, recover, tow, remove, store, destroy, and dispose of vessels that have been abandoned in the harbor or waterfront, as appropriate, pursuant to the procedures applicable to municipal waterways in the "Abandoned or Sunken Vessels Disposition Law," P.L.1975, c.369 (C.12:7C-7 et seq.). A vessel that has been abandoned at a public or private boat dock, pier, or marina is considered abandoned in the harbor or waterfront.
L.1940, c.161, s.2; amended 2008, c.52, s.22.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-24 - Governing body approval required

40:68-24. Governing body approval required
3. a. Any act by the commission so created involving an expenditure, lease or transfer of property exceeding $2,500.00 in value shall require the approval, by resolution, of the municipal governing body.
b. Subject to the approval, by resolution, of the municipal governing body and notwithstanding the requirements of section 14 of P.L.1971, c.199 (C.40A:12-14), the commission so created may lease without public bidding, at such prices and upon such terms as it deems reasonable, any real or riparian property and the improvements thereon under its management, operation and control for a term not to exceed 20 years.
L.1940,c.161,s.3; amended 1982,c.168; 1991,c.374.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-25 - Dedicated revenues; applicability of section 40:2-18

40:68-25. Dedicated revenues; applicability of section 40:2-18
Revenues of any harbor and water-front commission created by ordinance of a municipality pursuant to the act of which this act is a supplement shall and are hereby declared to be dedicated revenues as defined in section 40:2-18 of the Revised Statutes and shall be subject to the provisions thereof.
L.1956, c. 220, p. 780, s. 1, eff. Jan. 16, 1957.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-26 - Repeals

40:68-26. Repeals
All general or special laws, or parts thereof, inconsistent herewith are to the extent of such inconsistency hereby repealed.
L.1956, c. 220, p. 780, s. 2, eff. Jan. 16, 1957.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-27 - Establishment of district; ordinance; special election

40:68-27. Establishment of district; ordinance; special election
Whenever any section or portion of a municipality which borders on tidal waters is threatened by flooding, the governing body of such municipality may provide by ordinance for the creation and establishment in the municipality, within designated boundaries, of a beach erosion control district (herein referred to as the district), which district shall consist of such lands which are or may be threatened by flooding as the governing body in its discretion shall determine to be practical or convenient to include within such district.
In addition to the notice required to be published pursuant to the provisions of 40:49-2 of the Revised Statutes of any such ordinance, notices shall also be posted at not less than 2 public places within the district proposed to be created by said ordinance setting forth the date of the hearing and designating the boundaries of the proposed district.
The ordinance shall provide that it shall not be effective until approved by a majority vote at a special election to be held in the proposed district, which election shall be held on a day designated in the ordinance.
A. Ballots for said special election pursuant to this section shall be ordered to be printed by the clerk of the municipality wherein the district is located and shall contain a heading "Beach Erosion Control District Election Ballot," followed by the name of the municipality and county in which the district is located and shall have printed thereon the question, "Should a special district be formed for the purpose of combating beach erosion which district shall encompass the following described area," followed by description of the districts to be formed. The ballot shall contain appropriate squares marked "yes" or "no" to be marked by the voters at the said special election pursuant to this section.
B. The special election pursuant to this section shall be conducted in the manner as prescribed in sections 9, 10, 11 and 12. The clerk of the municipality in which the district is located shall cause the election to be advertised at least 1 week before the holding thereof in some newspaper circulating in said district and shall further cause the notice of said special election to be posted in at least 2 public places within the district at least 1 week prior to said special election.
L.1967, c. 184, s. 1, eff. July 27, 1967. Amended by L.1968, c. 219, s. 1, eff. July 24, 1968.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-28 - Beach erosion control commission; establishment

40:68-28. Beach erosion control commission; establishment
Whenever in any such municipality a Beach Erosion Control District is established under the provisions of this act, a Beach Control Erosion Control Commission shall thereby be created for such district and shall be known as " Beach Erosion Control Commission" (inserting the name the governing body has designated to identify the district).
L.1967, c. 184, s. 2, eff. July 27, 1967.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-29 - Election of commissioners; term

40:68-29. Election of commissioners; term
On a day designated in the ordinance creating such district, a special election shall be held in the district, to elect 3 commissioners who shall be qualified voters and residents of such district. The commissioners so elected shall hold office for 3 years and until their successors are elected.
L.1967, c. 184, s. 3, eff. July 27, 1967.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-30 - Vacancies; special election; term

40:68-30. Vacancies; special election; term
Whenever a vacancy occurs, a special election shall be held within the district to fill such vacancy. Any person so elected shall serve for the unexpired term and until a successor is elected.
L.1967, c. 184, s. 4, eff. July 27, 1967.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-31 - Petition for nomination

40:68-31. Petition for nomination
Candidates for election for the office of commissioner shall be nominated by petition. Such petition shall be addressed to the clerk of the municipality wherein the district is situate and shall contain the signatures of at least 10 qualified voters, residents of the district, and shall state that they indorse the candidate or candidates named in such petition for a member of the " Beach Erosion Control Commission." The petition shall further state the residence and post-office address of each person so indorsed and shall certify that the person so indorsed is legally qualified to be a member of the Beach Erosion Control Commission. With the petition, the person or persons indorsed therein shall file a certificate stating that he is qualified to be elected a member of the Beach Erosion Control Commission, that he consents to stand as a candidate for such election and that, if elected, he agrees to accept and qualify as a member of such commission.
L.1967, c. 184, s. 5, eff. July 27, 1967.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-32 - Verification of petition

40:68-32. Verification of petition
Each petition so filed shall be verified by the oath of one or more of the signers thereof taken and subscribed before a person qualified to administer an oath to the effect that such petition is personally signed by each of the signers thereof, that said signers are, to the best knowledge and belief of the affiant, legally qualified to vote at the ensuing election and that the petition is prepared and filed in absolute good faith for the sole purpose of indorsing the candidate therein named in order to secure his election as a member of the Beach Erosion Control Commission.
L.1967, c. 184, s. 6, eff. July 27, 1967.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-33 - Filing of petition

40:68-33. Filing of petition
All such petitions shall be filed at least 15 days before the date of the election for members of the Beach Erosion Control Commission.
L.1967, c. 184, s. 7, eff. July 27, 1967.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-34 - Ballots; form and content; advertisement of election

40:68-34. Ballots; form and content; advertisement of election
The ballots for said special election pursuant to section 3 of this act shall be ordered to be printed by the clerk of the municipality wherein the district is located and shall contain a heading "Beach Erosion Control District Election Ballot," followed by the name of the municipality and county wherein the district is located, and shall have printed thereon only the names of the candidates for election as members of the beach erosion control commission. The names of the candidates shall be printed upon the ballot according to the alphabetical order of their surname and the grouping of 2 or more candidates thereon is prohibited.
The clerk of the municipality in which the district is located shall cause said special election pursuant to section 3 of this act to be advertised at least 1 week before the holding thereof in some newspaper circulating in said district and shall further cause the notice of said election to be posted in at least 2 public places within the district at least 1 week prior to said election.
L.1967, c. 184, s. 8, eff. July 27, 1967. Amended by L.1968, c. 219, s. 2, eff. July 24, 1968.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-35 - Judge of election; teller; compensation

40:68-35. Judge of election; teller; compensation
The governing body of the municipality wherein the district is located shall at least 10 days prior to such election appoint one person, resident in the municipality, as judge of election and one person to serve as a teller during the election. Such judge of election and teller shall be paid $20 each as compensation for their services in connection with the election.
L.1967, c. 184, s. 9, eff. July 27, 1967.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-36 - Registry list; persons entitled to vote

40:68-36. Registry list; persons entitled to vote
The judge of election shall, at least 5 days prior to the election, obtain from the person having them in his charge, the registry list of the preceding general election for the election district or districts encompassing the Beach Erosion Control District and no person shall be permitted to vote at such Beach Erosion Control District election unless his name appears on such registry list.
L.1967, c. 184, s. 10, eff. July 27, 1967.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-37 - Polls; hours open; record of persons voting

40:68-37. Polls; hours open; record of persons voting
The polls for the election of said commissioners shall be opened at 2:00 P.M. and shall remain open until 8:00 P.M. of the day fixed for the election. The municipality shall furnish to the judge of elections suitable books in which shall be entered the names and addresses of each person voting within the district.
L.1967, c. 184, s. 11, eff. July 27, 1967.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-38 - Counting of votes; certification of results; forwarding to municipal clerk; announcement of results

40:68-38. Counting of votes; certification of results; forwarding to municipal clerk; announcement of results
Immediately after the close of the polls the judge and teller shall proceed forthwith to count the votes for each candidate and shall complete the count without delay or adjournment. The counting shall be open and public but not to such an extent that the number of persons present shall hinder, delay or inconvenience the election officers in counting the ballots and ascertaining the results. The judge and teller shall certify to the correctness of the count and shall forward all ballots and talleys to the clerk of the municipality wherein the district is located. Upon completion of the count of the votes, the judge of election shall announce publicly the result of the election.
L.1967, c. 184, s. 12, eff. July 27, 1967.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-39 - Oaths; meeting; election of officers; acts of majority

40:68-39. Oaths; meeting; election of officers; acts of majority
Each commissioner shall, within 1 week after his election, qualify by taking and subscribing before the clerk of such municipality or some other person authorized to administer oaths, an oath faithfully to discharge the duties of his office to the best of his skill and understanding, and shall file the same with the clerk of such municipality. The commissioners shall meet within 2 weeks after their election upon the call of such clerk and immediately select one of their number as president of such commission, one of their number as secretary, and one as treasurer. The acts of a majority shall be the acts of the commission.
L.1967, c. 184, s. 13, eff. July 27, 1967.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-40 - Powers

40:68-40. Powers
Every Beach Erosion Control District shall be a public body politic and corporate, constituting a political subdivision of the State and shall have perpetual succession and have the following powers and be authorized to:
(1) Adopt and have a common seal and to alter the same at pleasure.
(2) To sue and be sued.
(3) Prepare the necessary and proper plans and specifications for the construction, replacement or improvement of jetties, bulkheads or other facilities designed to prevent erosion resulting from tidal waters, and to engage in filling or other projects to restore areas previously eroded.
(4) Select locations for the erosion control works and determine the size, type and method of construction thereof.
(5) Make any necessary estimates of the principal cost of said projects.
(6) Enter into the necessary contracts to perform any of the acts authorized by this act.
(7) Obtain and exercise such consent or approval as may be necessary from officials or agencies of the Government of the United States or the State of New Jersey.
(8) Borrow money and incur indebtedness and issue its negotiable bonds and notes for any of the purposes provided for in this article or for the purpose of funding or refunding its bonds, notes or other indebtedness, and to provide for the rights and securities of the holders of such bonds, notes or other indebtedness.
(9) Acquire, hold and dispose of any and all property, real or personal, make and carry out and perform any and all contracts and agreements, execute any and all instruments and do and perform any and all acts and things necessary or convenient in the exercise of the powers especially given in this article or in the performance of the duties required in or undertaken pursuant to this article.
(10) Employ such agents or employees as it may deem necessary to carry out the purpose of this act.
L.1967, c. 184, s. 14, eff. July 27, 1967.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-42 - Bonds, notes or other evidence of indebtedness; issuance; limitation

40:68-42. Bonds, notes or other evidence of indebtedness; issuance; limitation
To finance any of the purposes or powers provided for in this act or for the purpose of funding or refunding its bonds, notes or other evidences of indebtedness, the district shall be authorized to issue its bonds, notes or other evidences of indebtedness, provided that the total indebtedness of any such district shall at no time exceed $150,000.00. Except as may be otherwise provided by section 17, the principal and interest of such bonds, notes or other evidences of indebtedness shall be payable only from moneys raised by general taxation within the district as in this act provided and in connection therewith no municipality, other than a municipality which in accordance with section 17 shall guarantee payment of the principal of and interest on any such bonds, shall incur any indebtedness of any kind or nature or pledge its taxing power or any part thereof in support of such principal and interest.
L.1967, c. 184, s. 16, eff. July 27, 1967.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-43 - Guaranty of bonds

40:68-43. Guaranty of bonds
For the purpose of aiding a district in the accomplishment of any of the purposes or powers provided for in this article and in marketing any of its bonds, refunding or other, the municipality in which it is situate may pursuant to ordinance duly adopted by its governing body in the manner provided for adoption of a bond ordinance as provided in the Local Bond Law (N.J.S.A. Title 40A:2 et seq.) and with or without consideration and upon such terms and conditions as may be agreed to by and between the municipality and the district unconditionally guarantee the punctual payment of the principal of and interest on any bonds of the district. Any guaranty of bonds of a district made pursuant to this section shall be evidenced by indorsement thereof or such bonds executed in the name of the municipality and on its behalf by such officer thereof as may be designated in the ordinance authorizing such guaranty and such municipality shall thereupon and thereafter be obligated to pay the principal of and interest on such bonds in the same manner and to the same extent as in the case of bonds issued by it. The principal amount of bonds so guaranteed shall after their issuance be included in the gross debt of such municipality for the purpose of determining the indebtedness of such municipality under or in pursuant to the Local Law.
L.1967, c. 184, s. 17, eff. July 27, 1967.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-44 - Issuance of notes, bonds or other evidence of indebtedness according to Local Bond Law; purchase of bonds by municipality

40:68-44. Issuance of notes, bonds or other evidence of indebtedness according to Local Bond Law; purchase of bonds by municipality
Notes, bonds or other evidence of indebtedness issued by a district shall be issued under and in accordance with the Local Bond Law, chapter 2 of Title 40A of the New Jersey Statutes (R.S. 40A et seq.) except that any bonds sold by such district may be issued for a period of up to but not exceeding 20 years. The municipality wherein the district is situate is authorized to purchase at private sale the bonds of any district at no interest or at such interest rate as may be agreed upon by the commissioners of the district and the governing body of the municipality.
L.1967, c. 184, s. 18, eff. July 27, 1967.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-45 - Appropriation of moneys; loans or donations to district

40:68-45. Appropriation of moneys; loans or donations to district
Any municipality wherein a district is situate shall have the power in the discretion of its governing body to appropriate moneys for the purposes of the district and to loan or donate such moneys to the district in such installments and upon such terms as may be agreed upon between such governing body and the commissioners of the district.
L.1967, c. 184, s. 19, eff. July 27, 1967.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-46 - Budget; adoption

40:68-46. Budget; adoption
The district commissioners shall adopt a budget for the district which budget shall be prepared and adopted in accordance with the Local Budget Law, chapter 4 of Title 40A of the New Jersey Statutes. Upon adoption of the budget the clerk of the district shall transmit a certified copy of its budget to the municipal assessor of the municipality in which the district is situate, who shall assess the money required to be raised in the budget upon the taxable properties in the district in the same manner as municipal taxes are assessed and the said money shall be assessed, levied and collected at the same time and in the same manner as other municipal taxes.
L.1967, c. 184, s. 20, eff. July 27, 1967.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-47 - Payment of moneys to district treasurer

40:68-47. Payment of moneys to district treasurer
The tax collector of the municipality in which the district is situate shall pay over all money collected by him which shall have been assessed in accordance with the provisions of this act to the treasurer of the district.
L.1967, c. 184, s. 21, eff. July 27, 1967.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-48 - District contracts

40:68-48. District contracts
a. The district shall award no contract or agreement for the purposes provided for in this act exceeding in amount the sum of $7,500.00 or the amount determined pursuant to subsection b. of this section, without advertisement for bids, which shall be opened publicly and and an award made to the lowest responsible bidder, with power in the district to reject any or all bids.
b. The Governor, in consultation with the Department of the Treasury, shall, no later than March 1 of each odd-numbered year, adjust the threshold amount set forth in subsection a. of this section, or subsequent to 1985 the threshold amount resulting from any adjustment under this subsection or section 17 of P.L. 1985, c. 469, in direct proportion to the rise or fall of the Consumer Price Index for all urban consumers in the New York City and the Philadelphia areas as reported by the United States Department of Labor. The Governor shall, no later than June 1 of each odd-numbered year, notify the authority of the adjustment. The adjustment shall become effective on July 1 of each odd-numbered year.
L. 1967, c. 184, s. 22, eff. July 27, 1967. Amended by L. 1985, c. 469, s. 12, eff. Jan. 16, 1986.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-49 - Annual audit

40:68-49. Annual audit
It shall be the duty of every Beach Erosion Control Commission created pursuant to this act to cause an annual audit of the accounts of the commission to be made and filed with the commission, and for this purpose the commission shall employ a registered municipal accountant of New Jersey or a certified public accountant of New Jersey. The audit shall be completed and filed with the commission within 4 months after the close of the fiscal year of the commission and a certified duplicate copy thereof shall be filed with the Director of the Division of Local Government in the Department of the Treasury and the municipal clerk of the municipality in which the district is situate within 5 days after the original report is filed with the commission.
L.1967, c. 184, s. 23, eff. July 27, 1967.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-50 - Dissolution of district; debts and obligations; property; resolution as evidence

40:68-50. Dissolution of district; debts and obligations; property; resolution as evidence
The governing body of the township which has created a beach erosion district pursuant to this act by resolution dissolves such district if either (1) such district has no debts or obligations outstanding, or (2) all creditors or other obligees of the district have consented to said resolution. In the event that there are debts wherein the township has passed a resolution dissolving a beach erosion district, the township is permitted to assume and pay the debts and obligations of the district. A copy of said resolution, certified by the clerk of the township, shall be filed in the office of the Secretary of State and the office of the Division of Local Government and the Department of the Treasury. Upon proof of such filing and upon proof either that said beach erosion district had no debts or obligations outstanding at the time of the adoption of such resolution or that all creditors or other obligees of the beach erosion district have consented to such resolution, the beach erosion district shall be conclusively deemed to have been lawfully and properly dissolved. Therefore, all right, title and interest in and to the property of the beach erosion district shall be vested in the township, except that any particular property shall vest in any other governmental unit or person if the terms of any lease or any other agreement of the beach erosion district with respect thereto shall so provide. A copy of any such certified resolution, duly certified by or on behalf of the Secretary of State shall be admissible in evidence and in action or proceeding it shall be conclusive evidence of due and proper adoption and filing thereof as aforesaid.
L.1967, c. 184, s. 24, eff. July 27, 1967.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-51 - Partial invalidity

40:68-51. Partial invalidity
If any section or sections of this act or any provision thereof shall be declared to be unconstitutional, invalid or inoperative in whole or in part, such section or provision shall, to the extent that it is not unconstitutional, invalid or inoperative be enforced and effectuated and no such determination shall be deemed to invalidate or make ineffectual the remaining provisions of the sections of this act.
L.1967, c. 184, s. 25, eff. July 27, 1967.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68-52 - Removal of district members; grounds; hearing

40:68-52. Removal of district members; grounds; hearing
A member of the beach erosion district may be removed by the governing body of the township for incapacity, inefficiency or neglect of duty, or misconduct in office or other disqualifying cause, and after shall be given a copy of the charges against him and not sooner than 10 days after, be afforded opportunity for a hearing in person or by counsel by such governing body with respect to such charges.
L.1967, c. 184, s. 26, eff. July 27, 1967.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68A-2 - Declaration of public interest and policy of state

40:68A-2. Declaration of public interest and policy of state
It is hereby declared to be in the public interest and to be the policy of the State to foster and promote by all reasonable means the welfare of the citizens thereof by the proper establishment and development of port facilities of the State.
L.1948, c. 349, p. 1380, s. 2, eff. Sept. 1, 1948.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68A-6 - Acquisition of property

40:68A-6. Acquisition of property
Every port authority is hereby authorized and directed, subject to the limitations of this act, to acquire, in its own name but for the local unit or units, by purchase, gift, condemnation or otherwise, and, notwithstanding the provisions of any charter, ordinance or resolution of any county or municipality to the contrary, to construct, maintain, operate and use such plants, works, structures, property and conveyances, as in the judgment of the port authority will provide an effective and satisfactory method for promoting the purposes of the port authority.
L.1948, c. 349, p. 1386, s. 6, eff. Sept. 1, 1948.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68A-7 - Port authority as political subdivision; powers

40:68A-7. Port authority as political subdivision; powers
Every port authority shall be a public body politic and corporate constituting a political subdivision of the State established as an instrumentality exercising public and essential governmental functions to provide for the public welfare and shall have perpetual succession and have the following powers:
(1) To adopt and have a common seal and to alter the same at pleasure;
(2) To sue and to be sued;
(3) In the name of the port authority and on its behalf, to acquire, hold, use and dispose of its service charges and other revenues and other moneys;
(4) In the name of the port authority but for the local unit or units, to acquire, hold, use and dispose of other personal property for the purposes of the port authority;
(5) In the name of the port authority but for the local unit or units, to acquire by purchase, gift, condemnation or otherwise, real property and easements therein, necessary or useful and convenient for the purposes of the port authority, and subject to mortgages, deeds of trust or other liens, or otherwise and to hold and to use the same, and to dispose of property so acquired no longer necessary for the purposes of the port authority;
(6) To provide for and secure the payment of any bonds and the rights of the holders thereof, and to purchase, hold and dispose of any bonds;
(7) To accept gifts or grants of real or personal property, money, material, labor or supplies for the purposes of the port authority, and to make and perform such agreements and contracts as may be necessary or convenient in connection with the procuring, acceptance or disposition of such gifts or grants;
(8) To enter on any lands or premises for the purposes of the port authority;
(9) To make and enforce bylaws or rules and regulations for the management and regulation of its business and affairs and for the use, maintenance and operation of the port facilities and any other of its properties, and to amend the same;
(10) To do and perform any acts and things authorized by this act under, through or by means of its own officers, agents and employees, or by contracts with any persons; and
(11) To enter into any and all contracts, execute any and all instruments, and do and perform any and all acts or things necessary, convenient or desirable for the purposes of the port authority or to carry out any power expressly given in this act subject to P.L.1971, c. 198 "Local Public Contracts Law" (C. 40A:11-1 et seq.).
L.1948, c. 349, p. 1387, s. 7, eff. Sept. 1, 1948. Amended by L.1975, c. 96, s. 14, eff. May 16, 1975.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68A-7.1 - Audit of accounts of port authority annually; filing

40:68A-7.1. Audit of accounts of port authority annually; filing
It shall be the duty of every "port authority," created pursuant to the act to which this act is a supplement, to cause an annual audit of the accounts of the authority to be made and filed with the authority, and for this purpose the authority shall employ a registered municipal accountant of New Jersey or a certified public accountant of New Jersey. The audit shall be completed and filed with the authority within four months after the close of the fiscal year of the authority and a certified duplicate copy thereof shall be filed with the Director of the Division of Local Government in the Department of the Treasury within five days after the original report is filed with the authority.
L.1952, c. 305, p. 1022, s. 1, eff. June 12, 1952.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68A-7.2 - Certified copies of bond resolutions and bond proceedings; filing

40:68A-7.2. Certified copies of bond resolutions and bond proceedings; filing
Every such "port authority" shall file a certified copy of every bond resolution as finally passed with the Director of the Division of Local Government in the Department of the Treasury and in addition shall file a certified copy of all bond proceedings with the said director.
L.1952, c. 305, p. 1022, s. 2, eff. June 12, 1952.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68A-8 - Service charges

40:68A-8. Service charges
(a) Every port authority is hereby authorized to charge and collect rents, rates, fees or other charges (in this act sometimes referred to as "service charges" ) for its services and facilities.
(b) Such rents, rate, fees and charges, being in the nature of use or service charges, shall as nearly as the port authority shall deem practicable and equitable be uniform throughout the district for the same type, class and amount of use or service of the port facilities.
(c) The port authority shall prescribe and from time to time when necessary revise a schedule of such service charges, which in any event shall be such that the revenues of the port authority will at all times be adequate to pay all expenses of operation and maintenance of the port facilities, including reserves, insurance, extensions, and replacements, and to pay punctually the principal of and interest on any bonds and to maintain such reserves or sinking funds therefor as may be required by the terms of any contract of the port authority or as may be deemed necessary or desirable by the port authority. Said schedule shall thus be prescribed and from time to time revised by the port authority after public hearing thereon which shall be held by the port authority at least seven days after such published notice as the port authority may determine to be reasonable. The port authority shall likewise fix and determine the time or times when and the place or places where such service charges shall be due and payable and may require that such service charges shall be paid in advance for periods of not more than one year. A copy of such schedule or service charges in effect shall be filed with such Federal agencies requiring filing of tariffs and rates and shall be filed with the Secretary of State of the State of New Jersey and at all times be kept on file at the principal office of the port authority and shall at all reasonable times be open to public inspection.
L.1948, c. 349, p. 1388, s. 8, eff. Sept. 1, 1948.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68A-9 - Appropriations by local units

40:68A-9. Appropriations by local units
Any local unit shall have power, in the discretion of its governing body, to appropriate moneys for the purposes of the port authority, and to loan or donate such moneys to the port authority in such installments and upon such terms as may be agreed upon between such local unit and the port authority.
L.1948, c. 349, p. 1389, s. 9, eff. Sept. 1, 1948.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68A-10 - Revenue bonds

40:68A-10. Revenue bonds
Revenue bonds may be authorized to be issued under this act to provide funds for the construction, acquisition, repair, improvement or extension of such port facilities, or for the refunding of any bonds theretofore issued for such purposes. The purposes for which such revenue bonds may be issued shall include the payment to the local unit or local units of the reasonable value of any properties or facilities deemed necessary or desirable for the purposes of the port authority, and such port authorities are hereby authorized to purchase and acquire such properties or facilities from such local unit or local units.
Such revenue bonds shall be authorized by resolution of the port authority which may be adopted at the same meeting at which it is introduced by a majority of all the members thereof then in office, shall take effect immediately and need not be published or posted. Such revenue bonds may bear interest at such rate or rates, not exceeding six per centum (6%) per annum, may be in one or more series, may bear such date or dates, may mature at such time or times not exceeding forty years from their respective dates, may be payable in such medium of payment at such place or places, may carry such registration privileges, may be subject to such terms of redemption with or without premium, may be executed in such manner, may contain such terms, covenants and conditions, and may be in such form, either coupon or registered, as such resolution or subsequent resolution may provide. Such revenue bonds may be sold, all at one time or in blocks from time to time, at public or private sale, or if refunding bonds may also be delivered in exchange for the outstanding obligations to be refunded thereby, in such manner as the port authority shall determine by resolution, and at such price or prices, computed according to standard tables of bond values, as will yield to the purchasers or the holders of the obligations surrendered in exchange, income at a rate not exceeding six per centum (6%) per annum to the maturity dates of the several bonds so sold or exchanged on the money paid or the principal amount of obligations surrendered therefor to the port authority.
L.1948, c. 349, p. 1389, s. 10, eff. Sept. 1, 1948.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68A-11 - Interim certificates; temporary bonds or other instruments

40:68A-11. Interim certificates; temporary bonds or other instruments
After sale of any revenue bonds pursuant to this act, the port authority shall have power to authorize the execution and issuance to the purchasers, pending the preparation of the definitive bonds, of interim certificates therefor or of temporary bonds or other temporary instruments exchangeable for the definitive bonds when prepared, executed and ready for delivery. The holders of such interim certificates, temporary bonds or other temporary instruments shall have all the rights and remedies which they would have as holders of the definitive bonds.
L.1948, c. 349, p. 1390, s. 11, eff. Sept. 1, 1948.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68A-12 - Notice as to time for bringing actions questioning validity

40:68A-12. Notice as to time for bringing actions questioning validity
Any port authority may cause to be published in a newspaper published in the district a notice stating the date of adoption of such bond resolution, the amount and maturities of the bonds authorized to be issued, and also stating that any action or proceeding of any kind or nature in any court questioning the validity of the creation and establishment of the port authority, or the validity or proper authorization of bonds provided for by the bond resolution, or the validity of any covenants, agreements or contracts provided for by the bond resolution shall be commenced within twenty days after the first publication of such notice. If no such action or proceedings shall be commenced or instituted within twenty days after the first publication of such notice, then all residents and taxpayers and owners of property in the district and users of the port facilities and all other persons whatsoever shall be forever barred and foreclosed from instituting or commencing any action or proceeding in any court, or from pleading any defense to any action or proceeding, questioning the validity of the creation and establishment of the port authority, the validity or proper authorization of such bonds, or the validity of any such covenants, agreements or contracts, and said bonds, covenants, agreements and contracts shall be conclusively deemed to be valid and binding obligations in accordance with their terms and tenor.
L.1948, c. 349, p. 1390, s. 12, eff. Sept. 1, 1948.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:68A-13 - Negotiability of bonds or obligations

40:68A-13. Negotiability of bonds or obligations
Any provision of any law to the contrary notwithstanding any bond or other obligation issued pursuant to this act shall be fully negotiable within the meaning and for all purposes of the law merchant and negotiable instruments law of the State, and each holder or owner of such a bond or other obligation, or of any coupon appurtenant thereto, by accepting such bond or coupon shall be conclusively deemed to have agreed that such bond, obligation or coupon is and shall be fully negotiable within the meaning and for all purposes of said law merchant and negotiable instruments law.
L.1948, c. 349, p. 1391, s. 13, eff. Sept. 1, 1948.