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2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-13 - Officers and employees; ordinances to regulate use of facilities; rate fixing

40:62-13. Officers and employees; ordinances to regulate use of facilities; rate fixing
The governing body may elect all officers, agents, engineers, employees or committeemen necessary to be employed in the maintenance and operation of any such light, heat or power plant, or works, define their duties, regulate their compensation and provide for their removal.
It may make, ordain and establish all such ordinances, resolutions, rules and regulations as it may deem necessary and proper for the introduction, transmission, distribution, use and supply of light, heat or power, and for the protection of the buildings, machinery, apparatus, wires, poles, pipes, subways and conduits, and other works and appurtenances used in connection therewith; and for the fixing and collection of all rates, rents or charges for supplying light, heat or power for private or commercial use in such municipality, and for the imposition of penalties upon the nonpayment thereof.
In fixing the rates, rents or charges for supplying light, heat or power, the governing body shall establish a rate structure which allows the municipality, within the limits of any covenants made with bondholders pursuant to law, to:
a. Recoup all costs of operation, including but not limited to the costs of raw materials, administration, equipment, buildings, property, maintenance, taxes, debt service, fees and offsetting any budget deficit occurring in the immediately preceding fiscal year;
b. Establish a surplus sufficient to provide for the reasonable anticipation of contingencies which may affect the operation of the utility.
Amended by L.1983, c. 111, s. 1, eff. March 16, 1983.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-13.1 - Rates, schedules established by municipal utility providing electricity.

40:62-13.1 Rates, schedules established by municipal utility providing electricity.
5. Any municipal utility which provides electricity to a single municipality may establish within its district rates or schedules which provide for a reduction, deferment, without accruing interest during the period of the deferment, or total abatement of the rents, rates, fees, or other charges pertaining to a primary residence owned, in full or in part, by a person who is enlisted in any branch of the United States Armed Forces. The reduction, deferment, without interest, or total abatement shall be effective during the period of time in which that person is deployed for active service in time of war.
L.2016, c.102, s.5.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-13.2 - Connection fee imposed.

40:62-13.2 Connection fee imposed.
1. In addition to rates, rents, or charges, the municipal governing body may impose a separate charge in the nature of a connection fee upon the owner or occupant of the property being connected to the municipal electric distribution system. The connection charges shall be uniform within each class of users and the amount thereof shall not exceed the actual cost of the physical connection plus an amount representing a fair payment towards the cost of the system and computed in the following manner:
a. The amount representing all debt service, including but not limited to sinking funds, reserve funds, the principal and interest on bonds, and the amount of any loans and interest thereon, paid by the municipality to defray the capital cost of developing the system as of the end of the immediately preceding budget year shall be added to all capital expenditures made by a municipality not funded by a bond ordinance or debt for the development of the system as of the end of the immediately preceding budget year;
b. Any gifts, contributions or subsidies to the municipality received from, and not reimbursed or reimbursable to, any federal, State, county or municipal government or agency or any private person, and that portion of amounts paid to the municipality by a public entity under a service agreement or service contract which is not repaid to the public entity by the municipality, shall then be subtracted;
c. The remainder shall be divided by the total number of service units served by the municipality at the end of the immediately preceding budget year, and the results shall then be apportioned to each new customer according to the number of service units attributed to that connector, to produce the connector's contribution to the cost of the system. In attributing service units to each connector, the estimated average daily electric usage for the connector shall be divided by the average daily electric usage for the average single family residence in the municipality to produce the number of service units to be attributed.
The connection fee shall be recomputed at the end of each budget year, after a public hearing is held. The revised connection fee may be imposed upon those who subsequently connect to the system in that budget year.
The combination of the connection fee and the rates, rents, or charges for supplying electricity shall be such that the revenues derived shall be adequate to pay the expenses of operation and maintenance of the electric distribution system, including improvements, extensions, enlargements and replacements to the electric distribution system, reserves, insurance, principal and interest on any bonds, and to maintain reserves or sinking funds therefor as may be required under the bond covenants or any contracts, or as may be deemed necessary or desirable.
L.2021, c.270.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-14 - Rents a lien; collection and enforcement

40:62-14. Rents a lien; collection and enforcement
40:62-14. The rates, rents, connections fees, or charges shall remain, until paid, municipal liens against the property and premises where such light, heat or power is furnished, and shall draw interest at the rate of seven per cent per annum from and after the time when they shall become due, and shall, in addition to all other remedies, be collectible in the same manner as arrearages of taxes.
Amended 2021, c.270, s.2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-15 - Referendum; petition; submission by governing body

40:62-15. Referendum; petition; submission by governing body
No municipality shall acquire or construct any light, heat or power plant or works until a majority of the legal voters voting at an election shall vote so to do.
If a petition signed by at least twenty per cent of the legal voters of the municipality, requesting a referendum vote on the question of the acquisition or construction of a light, heat or power plant or works, and setting forth the specific question to be submitted as hereinafter provided, shall be presented to the governing body, the governing body shall pass a resolution to the effect that a vote is required upon the question.
The petition and resolution shall state the specific question to be submitted, i.e., whether the plant or works is to be constructed or purchased, whether the plant or works is located or is proposed to be located within or without such municipality, whether such plant or works is to supply light, or heat, or power, or any two or all of them, and whether the plant or works shall supply the commodity or commodities or service or services by means of gas, or electricity, or steam, or if some other means be proposed such means shall be definitely stated.
The governing body may pass such resolution without a petition being presented to it, but in all cases the resolution shall state the specific question to be submitted as hereinbefore provided.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-17 - Ballot; form and content

40:62-17. Ballot; form and content
Such officer shall in the manner provided by law place the question upon the ballots used at the next general election in the municipality in substantially the following form:
"To vote upon the public question printed below, if in favor thereof mark a cross (X) or plus (+) in the square at the left of the word YES, and if opposed thereto mark a cross (X) or plus (+) in the square at the left of the word NO.
"Shall the ........ of ...............
[ ] YES (name of municipality) acquire (or construct,
as the case may be) a plant or works within
(or without, as the case may be) the limits
[ ] NO thereof for supplying ......... (here specify
whether light, or heat, or power, or two
or all of them) for the public and private
uses of this municipality and its inhabitants."
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-19 - Procedure after adoption

40:62-19. Procedure after adoption
If a majority of the legal voters voting upon such question shall vote YES, the governing body shall proceed in accordance with the provisions hereof to acquire or construct the necessary plant or works for the furnishing of light, heat or power, or any two or all of them, for the public and private uses of such municipality and its inhabitants. When so acquired or constructed the plant or works shall be equipped, maintained and operated in accordance with the provisions of this article for the purpose or purposes aforesaid.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-21 - Contracts to supply light, heat and power

40:62-21. Contracts to supply light, heat and power
Subject to the approval of the board of public utility commissioners, any municipality owning and operating a plant for supplying light, heat or power may:
To adjoining municipalities. a. Enter into and make a contract with any adjoining municipality to supply electricity, gas, steam or other product for light, heat or power purposes for public or private use within the adjoining municipality for a period not exceeding ten years, at such rates and upon such terms as may be mutually agreed upon in the contract;
To individuals or corporations. b. Supply electricity, gas, steam or other product for light, heat or power purposes for public or private use to the inhabitants individually or to any private corporations within any adjoining municipality, if the governing body of such adjoining municipality shall, by resolution, consent thereto; and,
To counties. c. Supply electricity, gas, steam or other product for light, heat or power purposes to the board of chosen freeholders of any county in which the municipality may be located or any county adjoining the county in which the municipality may be located, at such rates and upon such terms as shall be agreed to between the municipality and the board of chosen freeholders.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-22 - Extension of plants

40:62-22. Extension of plants
The municipality may construct, maintain and operate additions and extensions to the plant and distributing system of the municipality, and do such acts and things as may be necessary or convenient, whether within or without the corporate limits of the municipality, to carry out any of the powers conferred by section 40:62-21 of this title.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-23 - Municipality serving county or other municipality treated as private corporation

40:62-23. Municipality serving county or other municipality treated as private corporation
No municipality shall enter into any contract or supply any electricity, gas, steam or other product to any adjoining municipality or the inhabitants thereof, or to any county, unless such municipality, in supplying electricity, gas, steam or other product beyond its corporate limits, complies with all laws, regulations or orders applicable to private corporations, owning or operating any electric, gas, steam or other plant, or distributing or supplying electricity, gas, steam or other product, and unless such municipality pays taxes, including franchise licenses or taxes, the same as would be paid if such plant or equipment were owned by a private corporation, and unless the board of public utility commissioners shall, after notice and hearing, determine and certify that such adjoining municipality or such county is not adequately and properly served by an existing company.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-24 - Municipality serving others deemed public utility; control by board of public utilities; rate structure

40:62-24. Municipality serving others deemed public utility; control by board of public utilities; rate structure
Every municipality in supplying electricity, gas, steam or other product beyond its corporate limits is hereby declared to be a public utility. The Board of Public Utilities shall have the same supervision and regulation of, and jurisdiction and control over such municipality in respect to its acts in supplying electricity, gas, steam or other product beyond its corporate limits, and of and over the property, property rights, equipment, facilities and franchises used in supplying electricity, gas, steam or other product beyond its corporate limits as over other public utilities. Every such municipality shall be subject as to its service, accounts, property rights, equipment, franchises, extensions, reports, issuance of bonds or other indebtedness maturing in more than 1 year from the date thereof, to the jurisdiction of the Board of Public Utilities to the same extent as other public utilities.
Every municipality supplying electricity, gas, steam or other product beyond its corporate limits shall have the rates for these utilities subject to the jurisdiction of the Board of Public Utilities. The board in regulating these rates shall provide for a rate structure which allows the municipality, within the limits of any covenants made with bondholders pursuant to law, to:
a. Recoup all costs of operation, including but not limited to the costs of raw materials, administration, equipment, buildings, property, maintenance, taxes, debt service, fees and offsetting any budget deficit occurring in the immediately preceding fiscal year;
b. Establish a surplus sufficient to provide for the reasonable anticipation of contingencies which may affect the operation of the utility and for an amount which may be transferred from the accounts of the municipal utility and included in the local budget pursuant to section 5 of this amendatory and supplementary act.
Amended by L.1983, c. 111, s. 2, eff. March 16, 1983.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-25 - Contracts for supply of light, heat and power; duration

40:62-25. Contracts for supply of light, heat and power; duration
Any municipality may enter into a contract with any corporation supplying light, heat or power, or a supply of such light, heat or power, or any of them, for the public purposes of such municipality, for any period not exceeding 5 years.
Amended by L.1955, c. 141, p. 635, s. 1, eff. July 14, 1955.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-25.1 - Joint acquisition, maintenance and operation of electrical generation facilities; contracts

40:62-25.1. Joint acquisition, maintenance and operation of electrical generation facilities; contracts
In addition to any other powers provided in this article or conferred by any other law, and not in limitation thereof, any municipality owning or operating electrical generation facilities may, pursuant to ordinance of the governing body thereof, enter into a contract or contracts with any individual, copartnership, association, corporation or joint stock company constituting a public utility under the supervision, regulation, jurisdiction and control of the Board of Public Utility Commissioners of the State of New Jersey, providing for the joint acquisition or construction and ownership of real or personal property, including generating stations, buildings and structures, equipment, piping, instruments, control apparatus, transformers, transmission lines, appliances and appurtenances for or relating to the generation, storage, transmission or distribution of electricity within or without the territorial boundaries of such municipality, and the joint maintenance and operation of such facilities, in the manner set forth in such contract and within the limitations hereinafter provided. The ordinance authorizing any such contract need not set forth in full the text or terms thereof if a copy of such contract is placed on file in the office of the clerk of the municipality prior to the first publication of said ordinance and the fact and place of such filing is stated in said ordinance.
L.1973, c. 280, s. 1, eff. Nov. 29, 1973.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-25.2 - Duration of contract; ownership and control of facilities

40:62-25.2. Duration of contract; ownership and control of facilities
Any such contract may be made by a municipality, notwithstanding any other provisions in this article contained, for a period not to exceed the anticipated useful life of said facilities for the financing which obligations of the municipality are issued as hereinafter provided, and the governing body of a municipality approving and executing such contract is hereby authorized to provide therein for the joint ownership, operation and maintenance of the facilities made the subject of such contract under such terms and conditions as it determines necessary, convenient or desirable to carry out and effectuate the purposes of this act and the acts to which this act is a supplement, provided that neither the money nor credit of any municipality shall be given or loaned in any manner, directly or indirectly, to any State-regulated public utility which is a party to such contract, nor shall any municipality be liable for more than its proportionate share of the cost, damages, expenses, liabilities or other obligations incurred in the acquisition, construction, operation or maintenance of said facilities as set forth in such contract or otherwise arising in connection with such facilities, and every municipality shall own and control an interest in such facilities and the electrical output thereof at least equal or proportionate to the money, property or other consideration furnished or supplied in or with respect to the planning, acquisition, construction, operation or maintenance thereof by said municipality.
L.1973, c. 280, s. 2, eff. Nov. 29, 1973.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-25.3 - Bonds or anticipation notes to finance

40:62-25.3. Bonds or anticipation notes to finance
For the purpose of financing that part of the cost of acquisition or construction of such joint facilities attributable to it, and to meet the payment or payments or other obligations of said municipality with respect to such capital expenditures and improvements as may be provided for in such contract, every municipality is authorized to incur indebtedness in accordance with the provisions and subject to the limitations of the Local Bond Law of New Jersey, constituting chapter 2 of Title 40A of the New Jersey Statutes, or any other law presently or hereafter applicable to the incurrence of indebtedness by such municipality. The bonds of any municipality so issued, and any notes in anticipation thereof, shall be obligations of that municipality solely, without respect to the use of the proceeds thereof for the joint construction, acquisition or ownership of the aforesaid facilities by said municipality and any State-regulated public utility.
L.1973, c. 280, s. 3, eff. Nov. 29, 1973.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-25.4 - Construction of act; application of laws on public contracts

40:62-25.4. Construction of act; application of laws on public contracts
This act shall be construed liberally to effect the legislative determination and intent, hereby declared, that municipalities of the State, in furtherance of their public purposes, shall be empowered to join with State-regulated public utilities to effectively and economically provide for the electrical power needs of the State and its inhabitants. All moneys appropriated or obligations issued in pursuance of this act are hereby declared to be for a public purpose. In carrying out the powers granted herein relating to contracts with State-regulated public utilities the municipality shall not be subject to the provisions of chapter 50 of Title 40 of the Revised Statutes, or chapter 198 of the laws of 1971, but only with respect to the doing of work or the furnishing of materials, supplies or labor relating to the joint acquisition, construction, operation or maintenance of the facilities made the subject of such contract, nor shall any municipality owning or operating electricity generation facilities be required to submit the matter of the improvement or extension of such facilities or the construction or acquisition of additional such facilities within or without the municipality pursuant to this act to referendum, provided that the question of whether such municipality should acquire or construct an electric plant or works has at any prior time be submitted to and approved by the legal voters of such municipality in accordance with requirements of R.S. 40:62-15.
L.1973, c. 280, s. 4, eff. Nov. 29, 1973.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-25.5 - Severability

40:62-25.5. Severability
If any section, subsection, clause or provision of this act shall be adjudged unconstitutional or ineffective in whole or in part, to the extent that it is not adjudged unconstitutional or is not ineffective it shall be valid and effective and no other section, subsection, clause or provision of this act shall on account thereof be deemed invalid or ineffective, and the inapplicability or invalidity of any section, subsection, clause or provision of this act in any one or more instances or under any one or more circumstances shall not be taken to affect or prejudice in any way its applicability or validity in any other instance or under any other circumstance.
L.1973, c. 280, s. 5, eff. Nov. 29, 1973.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-25.6 - Municipality providing heat, light or power, electronic billing, payment, permitted.

40:62-25.6 Municipality providing heat, light or power, electronic billing, payment, permitted.
3. Upon the request of a customer, a municipality providing heat, light or power may:
a. offer the customer the ability to receive or access, in electronic format, any periodic bill for service sent by such municipality to its customers and any additional information sent by the municipality to its customers as required by law, provided that any notice of disconnection, discontinuance or termination of service shall be sent to a customer in written form at the customer's legal mailing address in addition to being sent or being made available in electronic format; and
b. provide the customer of such municipality the option of paying any such periodic bill via electronic means.
L.2010, c.91, s.3.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-26 - Municipal radio broadcasting stations; bonds

40:62-26. Municipal radio broadcasting stations; bonds
The governing body of any municipality may by ordinance provide and maintain a municipal radio broadcasting station to advertise its advantages, and in connection therewith, furnish musical, educational and miscellaneous programs, either by its own agency, or through remote controls installed within the municipality or elsewhere. It may contract for the purchase or lease of equipment necessary for the installation and operation of such station, and may make contracts and leases with any person or corporation for remote control service, royalty contracts with publishers and such other contracts as may be convenient for the most effectual operation of the broadcasting station. Any municipality may sell its equipment and apply the proceeds to the purchase of new equipment, or exchange its equipment for other radio broadcasting equipment. The governing body may issue bonds to provide for the cost of such station, including all necessary equipment, machinery and the installation thereof, land and buildings to house the same and to provide funds for its maintenance and operation.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-27 - Separate fund for radio stations or convention halls in certain municipalities

40:62-27. Separate fund for radio stations or convention halls in certain municipalities
In any municipality bordering upon the Atlantic ocean maintaining a municipal radio broadcasting station or a municipal convention hall, or both, which station or hall, or both, is operated wholly or partially for financial gain, or otherwise, the municipality may provide by ordinance for the creation and regulation of the separate financial operation and maintenance of such station or hall, or both.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-28 - Income placed in separate fund; control of fund

40:62-28. Income placed in separate fund; control of fund
The ordinance shall provide that all income from such station or hall, or both, shall be placed in a separate fund under the joint control of the management of the station or hall, or both, and the director in charge of such department or departments, the treasurer of such municipality and such other municipal officer or officers as the ordinance may designate.
Amended by L.1939, c. 253, p. 668, s. 1, eff. July 18, 1939.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-30 - Surplus used to meet bonds

40:62-30. Surplus used to meet bonds
From the surplus of the income of such station or hall there may from time to time be taken such amounts as may, in the judgment of the officials in control of the fund seem wise, and appropriated to the municipality for the purpose of paying interest or principal upon the bond issues outstanding for the construction of such station or hall.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-31 - Accounts and audits

40:62-31. Accounts and audits
A complete system of accounts covering all income and all expenditures shall be maintained by the authority operating the station or hall and shall be audited quarterly by the comptroller of the municipality.
Amended by L.1939, c. 253, p. 668, s. 2, eff. July 18, 1939.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-32 - Income defined

40:62-32. Income defined
The income from such station or hall, or both, shall be taken to include all rentals for services performed by such broadcasting station or for broadcasting commercial or semicommercial radio programs, and, in the case of the convention hall, income from store and concession rentals, income from the rental of the hall, events of all kinds and descriptions, and admissions or all other moneys received from the use of any facility in such hall. If the income as herein defined shall be insufficient to meet the expenditures as hereinafter defined, the municipality shall in its annual budget make provision for such deficiencies.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-33 - Expenditures defined; payment of debts in instalments

40:62-33. Expenditures defined; payment of debts in instalments
The expenditures shall include the cost of maintenance, upkeep and operation of the station or hall, or both, salaries, heat, light and power, advertising, cost of procuring conventions, employment of performers, attractions, shows, entertainment of every nature and description, amusements, or any other kind of expenditure incident to the maintenance, upkeep and operation of such station or hall, or both. The authority is hereby granted to the municipality to enter into a contract with any person or corporation to whom a debt is owing for any such expenditure and to provide for the payment of such debt in equal instalments for a period not to exceed ten (10) years. Any municipality which has already executed a contract for a period of five (5) years, pursuant to the law to which this statute is amendatory, may execute a new contract by extending the aforesaid contract for an additional period of five (5) years, which contract shall provide for equal instalment payments of the amount remaining due by the municipality for the remaining period, as extended. After the execution of such contract, it shall be necessary for the municipality to appropriate for such debt in any year, only sufficient money for each instalment. Said contract may provide that the amount of such instalment may, when due according to the terms of the contract, be applied by any such person or corporation to the payment of taxes due the municipality by or on the property of such person or corporation, in lieu of payment by the municipality of such instalment.
Amended by L.1939, c. 38, p. 54, s. 1; L.1941, c. 6, p. 17, s. 1, eff. Feb. 17, 1941.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-34 - Income not part of municipal funds; management; inapplication of "local budget law"

40:62-34. Income not part of municipal funds; management; inapplication of "local budget law"
The income herein referred to shall not be deposited in the municipal treasury and shall not become a part of the general finances of the municipality and shall not be required to be withdrawn by ordinance. The ordinance herein provided or any amendment thereto shall provide for all necessary regulations safeguarding the collection and expenditure of such funds.
It is the intention of sections 40:62-27 to 40:62-34 of this Title to enable the municipality to operate such station or hall in the businesslike manner similar to the methods that would be employed if the station or hall was operated by a private and not a municipal corporation, and that the provisions of chapter two of Title 40 of the Revised Statutes, the "local budget law," Revised Statutes 40:2, and any amendments or supplements thereto, shall not be deemed to apply to such station or hall.
Amended by L.1939, c. 38, p. 55, s. 2, eff. April 13, 1939.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-34.1 - "Municipal convention hall budget" and "municipal radio broadcasting station budget" in municipalities of 60,000 or over

40:62-34.1. "Municipal convention hall budget" and "municipal radio broadcasting station budget" in municipalities of 60,000 or over
The governing body of any municipality having a population of sixty thousand or more operating under the provisions of sections 40:62-27 to 40:62-34, inclusive, of the Revised Statutes shall cause the director in charge of the radio broadcasting station and the municipal convention hall and the manager thereof to prepare a budget for each fiscal year, which budgets shall be designated as "municipal convention hall budget" and "municipal radio broadcasting station budget."
L.1939, c. 304, p. 734, s. 1, eff. Aug. 2, 1939.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-34.2 - Objections to and hearing on budgets

40:62-34.2. Objections to and hearing on budgets
Following the preparation of the budgets set forth in section one, the governing body shall at a public hearing, grant to taxpayers and other interested persons, an opportunity to present objections and to be heard with respect to the aforesaid budgets. The hearing on the aforesaid budgets shall commence not later than the fortieth day after the beginning of the budget year.
L.1939, c. 304, p. 734, s. 2, eff. Aug. 2, 1939.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-34.3 - Time and place of hearing; notice

40:62-34.3. Time and place of hearing; notice
The governing body shall cause to be prepared and shall approve the budget prior to the public hearing and shall fix the time when and the place where the hearing shall be held. Notice of such hearings, together with the budget as approved shall be published at least once in at least one newspaper circulating in the municipality.
L.1939, c. 304, p. 734, s. 3, eff. Aug. 2, 1939.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-34.4 - Adjournment of hearing; adoption of budget; alteration or amendment; notice

40:62-34.4. Adjournment of hearing; adoption of budget; alteration or amendment; notice
The hearing on the budget shall be held at the time and place specified in the published notice, but may be adjourned from time to time until the hearing is closed. After closing the hearings, the governing body may, by resolution, adopt the budget with or without alterations or amendments. However, no alteration or amendment adding to the budget any item of appropriation in amount in excess of one per centum (1%) of the total amount of the appropriations as stated in the approved budget or increasing or decreasing any item of appropriation by more than ten per centum (10%) of the amount of such item as stated in the approved budget shall be made in the approved budget unless the governing body shall first, at a public hearing, grant to taxpayers and other interested persons an opportunity to present objections and to be heard with respect to the alteration or amendment, after publishing in at least one newspaper circulating in the municipality not less than two days prior to the hearing, a notice describing the alteration or amendment and specifying the time and place when and where the hearing will be held.
L.1939, c. 304, p. 734, s. 4, eff. Aug. 2, 1939.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-34.5 - Time limit for adoption

40:62-34.5. Time limit for adoption
The aforesaid budgets shall be adopted not later than the fifty-fifth day after the beginning of the budget year.
L.1939, c. 304, p. 735, s. 5, eff. Aug. 2, 1939.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-34.6 - Contents of budget

40:62-34.6. Contents of budget
The aforesaid budgets shall consist of (a) a tabulated and an itemized statement of all anticipated revenues from the sources provided for in section 40:62-32 of the Revised Statutes (b) all expenditures to be made for the purposes provided for in section 40:62-33 of the Revised Statutes.
L.1939, c. 304, p. 735, s. 6, eff. Aug. 2, 1939.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-34.7 - Appropriations to be itemized

40:62-34.7. Appropriations to be itemized
The appropriations for all expenditures shall be itemized according to the respective object and purpose for which they are to be expended.
L.1939, c. 304, p. 735, s. 7, eff. Aug. 2, 1939.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-34.8 - Emergency appropriations

40:62-34.8. Emergency appropriations
Any municipality, by resolution, declaring an existence of an emergency adopted by a vote of two-thirds of all the members of the governing body may make emergency appropriations in any fiscal year after the adoption of the budget for such year for any purpose which was not foreseen at the time of the adoption of such budget or for which adequate provision was not made in such budget provided said emergency appropriation or appropriations are within the provisions of sections 40:62-32 and 40:62-33 of the Revised Statutes.
L.1939, c. 304, p. 735, s. 8, eff. Aug. 2, 1939.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-34.9 - Improvement of convention hall by municipalities bordering on ocean; issuance of special emergency notes

40:62-34.9. Improvement of convention hall by municipalities bordering on ocean; issuance of special emergency notes
The governing body of any municipality bordering upon the Atlantic ocean, maintaining a municipal convention hall, which shall provide by ordinance for the improvement of said municipal convention hall by enlarging its facilities or by renovations, or otherwise, particularly for the purpose of meeting the competition for conventions by municipalities outside of this State, may incur a principal indebtedness in an amount not to exceed $2,000,000.00 of the cost thereof in the manner provided in this act. Such indebtedness shall be authorized at a single time, and once authorized, the authority to incur thereafter a like indebtedness under this act shall be exhausted.
That part of such cost as is to be financed under this act may be financed by the issuance of negotiable notes which shall be designated "Special Emergency Notes, issued pursuant to chapter 36 of the laws of 1958." Any such notes issued under this act shall not be included in calculating the debt limit of the municipality. Any such notes shall provide for repayment of the principal amount thereof in not more than 4 installments, to be not more than 1 year apart, the first such installment to be due and payable not more than 15 months after the date of issue. Each installment of principal shall be in an amount equal to 25% of the original principal sum, together with interest on the unpaid balance, but the municipality may reserve the option to prepay any part or all of a future installment. The amount required to satisfy any installment of principal and interest to fall due in any year shall be included in the current municipal budget for such year, and shall be raised by taxation in each such year.
L.1958, c. 36, p. 125, s. 1. Amended by L.1960, c. 2, p. 12, s. 1, eff. Feb. 1, 1960.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-34.10 - Filing of ordinance and statement of financing plan with Division of Local Government

40:62-34.10. Filing of ordinance and statement of financing plan with Division of Local Government
The governing body of any such municipality, wherein such ordinance is adopted, shall file or cause to be filed with the Division of Local Government in the Treasury Department, a copy of the ordinance and a statement of the plan for the financing of the said improvement.
L.1958, c. 36, p. 126, s. 2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-34.11 - Special emergency notes as general obligation of municipality; tax levy

40:62-34.11. Special emergency notes as general obligation of municipality; tax levy
The Special Emergency Notes to be issued for the indebtedness of the municipality amounting to $2,000,000.00, together with all interest thereon shall be a general obligation of the municipality and the municipality shall have the power to levy ad valorem taxes upon the taxable property within the municipality for the payment of the obligation and interest thereon without limitation of rate or amount.
L.1960, c. 2, p. 13, s. 2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-34.12 - Sale of notes; interest rate

40:62-34.12. Sale of notes; interest rate
The $2,000,000.00 to be borrowed by the municipality in 1960 may be obtained at either private or public sale, notwithstanding any other provision of law, at a rate of interest not to exceed 6% per annum.
L.1960, c. 2, p. 13, s. 3.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-35 - May carry goods and passengers; acquisition of lands, buildings and equipment

40:62-35. May carry goods and passengers; acquisition of lands, buildings and equipment
Any municipality may engage in the business of transportation of passengers and property within the municipality by whatever means it may decide, and may lay railroad tracks upon its public roads, streets and highways and upon such private property as may be necessary therefor, and may acquire such cars, motor busses, and other equipment necessary for carrying on the business. It may acquire land and erect buildings and equip them with all necessary machinery for furnishing power for the operation of any cars or other vehicles, and for the storage thereof. It may also erect and maintain poles and string wires for the transmission of electric current for power on any and all said roads, streets and highways and do all things necessary for the acquisition and conduct of the business of transportation.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-36 - Referendum; petition; submission by governing body

40:62-36. Referendum; petition; submission by governing body
No municipality shall engage in the business of transportation until a majority of the voters thereof, voting at an election as hereinafter in this article provided, shall vote so to do. The election shall be called by the governing body, if there is presented to it a petition signed by at least twenty per cent of the voters of the municipality voting at the last general election therein, requesting that there be presented to the voters of the municipality the question whether the municipality shall engage in the business of transportation as set forth in the petition. The petition shall describe the system of transportation proposed to be operated by the municipality, giving the route thereof and the motive power. Upon receipt of the petition, the governing body shall, or upon its own initiative and without such petition may, pass an ordinance providing for submitting the question of whether the municipality shall engage in the business of transportation as described in the petition, or if the action is upon the initiative of the governing body, in such manner as may be set forth in the ordinance, to the voters of the municipality.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-37 - Copy of ordinance served; ballot; form and content

40:62-37. Copy of ordinance served; ballot; form and content
The clerk of the governing body shall, immediately after the ordinance becomes effective, serve upon the officer charged with the duty of preparing the ballots for the next general election in the municipality, a certified copy of the ordinance, and he shall print the question upon the ballots in substantially the following form:
"Shall the of (name of the municipality) engage in the business of transportation as described in an ordinance of the (name of governing body) of the of (name of the municipality) entitled (title of ordinance), passed (date of passage of ordinance)?" "Yes." "No."
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-40 - Second election

40:62-40. Second election
Notwithstanding any previous vote may have been had under the provisions hereof any question authorized hereby may be submitted to the legal voters of any municipality at any election therein as often as the governing body thereof shall deem it advisable, or be required so to do by the filing of a petition of voters as hereinbefore in section 40:62-36 of this title provided.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-41 - Officers and employees; duties, compensation and removal; rates and regulations

40:62-41. Officers and employees; duties, compensation and removal; rates and regulations
The governing body may elect all officers, agents, engineers, employees or committeemen necessary to be employed in the construction, maintenance and operation of any such system of transportation, define their duties, regulate their compensation, and provide for their removal. The governing body may make, ordain and establish all such ordinances, resolutions, rules and regulations as it may deem necessary and proper for the conduct of the business of transportation and for fixing and collecting all fares, rates and charges for services rendered therein.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-44 - Extension of system; referendum; when necessary

40:62-44. Extension of system; referendum; when necessary
Any municipality engaging in the business of transportation may extend any system of transportation. No extension of any route or routes of such system exceeding one-fourth in length of the one authorized by any referendum shall be made, except by ordinance approved by the legal voters thereof, voting at a referendum election called and held in the manner provided in sections 40:62-36 to 40:62-39 of this title.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-45 - Lease of system; term; referendum

40:62-45. Lease of system; term; referendum
The governing body may lease any system of transportation acquired by the municipality under this article to any person who will contract to operate the same according to rules and timetables established by the governing body for a term not exceeding five years, but no such contract shall be made until a majority of the legal voters of the municipality shall vote so to do. The question of the making of any such lease shall be submitted to the voters in the manner provided in sections 40:62-36 to 40:62-39 of this title.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-46 - Joint municipal transportation system; contracts

40:62-46. Joint municipal transportation system; contracts
Any municipality engaging in the business of transportation may contract with any other municipality or municipalities engaged in the same business, to operate a joint service of the systems of transportation operated by them. All such contracts shall be effective when ratified by the governing bodies of the contracting municipalities.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-46.1 - Cities of second class in counties of second class; public transportation service

40:62-46.1. Cities of second class in counties of second class; public transportation service
Any city of the second class in any county of the second class may undertake to provide public transportation service and to operate a transportation system within the municipality and between the municipality and other municipalities and for that purpose it may acquire or lease such vehicles, equipment and facilities, including land or buildings, as may be reasonably necessary to accomplish such purpose. Any transportation, service or system to be operated pursuant to this act shall be limited to municipalities or areas within municipalities, that do not have, or are threatened with not having adequate facilities for public transportation publicly or privately operated.
L.1959, c. 60, p. 169, s. 1.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-46.2 - Contracts for operation of public transportation service

40:62-46.2. Contracts for operation of public transportation service
Any such city of the second class in any county of the second class may provide transportation service and operate a transportation system itself or it may enter into 1 or more contracts with any private or public group for the operation, in whole or in part, of the same, for and on behalf of the municipality, according to such requirements and restrictions as shall be established by the municipality.
L.1959, c. 60, p. 169, s. 2.
2023 New Jersey Revised Statutes › Title 40 - Municipalities and Counties › Section 40:62-46.3 - Employees

40:62-46.3. Employees
A city of the second class in any county of the second class operating a transportation system may appoint or hire any and all employees necessary for such purpose in the same manner as other municipal employees are appointed or hired.
L.1959, c. 60, p. 169, s. 3.