Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:60-14. Property held in trust for municipality; appointment of new trustee L.1900, c. 21, p. 37 (C.S. p. 3508, s. 211), entitled "An act relating to property held in trust for municipal corporations," approved March seventh, one thousand nine hundred, saved from repeal. [This …

40:60-15. Public buildings as memorials; subscriptions The governing body may by ordinance provide for the construction within the limits of the municipality, under the direction of a commission as hereinafter constituted, with the aid of gifts by subscription or otherwise, of ho…

40:60-16. Ordinance for construction; contributions to be paid before contract executed When the governing body shall determine by ordinance to erect any such public memorial building, provision therein shall be made for the acceptance by the municipality of gifts of real or pers…

40:60-17. Bonds; annual appropriation; care and maintenance The memorial building shall be erected upon the land or site determined upon in all other respects in the same manner and with the same authority as is otherwise provided by law for the erection and maintenance of public…

40:60-18. Commission to supervise; constituted; powers and duties The governing body of any municipality undertaking such memorial construction shall include in such ordinance the names of five citizens thereof, one of whom shall be the mayor or other chief executive officer who …

40:60-19. Treasurer of commission; selection and duties The commission so appointed shall elect a treasurer, who shall be constituted the temporary depository of all funds raised by subscription or contribution. He shall, on the thirtieth day of each month, pay over to the treasu…

40:60-20. Treasurer's bond The treasurer shall give bond to the municipality, with a surety company authorized to do business in this state as surety, in the amount of the proportionate cost of the memorial to be raised other than by the appropriation, and the premium therefor sh…

40:60-21. Title; funds kept separate; disbursements The site shall be acquired in the name of the municipality, and all funds appropriated or contributed for the purpose shall be paid into its treasury and kept as a separate fund to be expended by the treasurer of the municipalit…

40:60-22. Expenses of commissioners The personal expenses of the commissioners in the work herein authorized shall be paid on the certification of the mayor or other chief executive officer and the two members designated by the commission, that the commission has approved the pay…

40:60-23. Plans and specifications; approval by architect or engineer The commission shall, if necessary, be authorized to employ the services of an architect or engineer, or both, to supervise the drawing of maps, plans and specifications for such grounds, building and its fixtu…

40:60-24. Existing buildings for public memorials; acquisition The governing body may also provide by ordinance for the purchase of a building already erected within the limits of the municipality, together with the site whereon it is situated, if it deems such building and site …

40:60-25. Buildings for museum of arts and sciences, etc.; federal grants for community centers The governing body may acquire by lease, gift, purchase or condemnation, or erect, maintain and equip such building or buildings as may be suitable for use as a museum of arts and scie…

40:60-25.1. Public parking lots; acquisition of land; use of land; leases (A) Every municipality is hereby authorized and empowered to acquire, by gift, devise, purchase or condemnation or in any other lawful manner, lands, buildings or other property, or interests therein, for t…

40:60-25.10. Encumbrances Any municipality purchasing property pursuant to this act, may take such property subject to leases, mortgages, liens, easements, agreements, covenants, servitudes, liabilities or other encumbrances or claims, and may thereafter settle, adjust and discha…

40:60-25.11. Appropriations; bonds and notes For the purpose of financing the acquisition of property pursuant to this act and the settlement, adjustment and discharge of leases, mortgages, liens, easements, agreements, covenants, servitudes, liabilities or other encumbrances or …

40:60-25.12. Intent of act; validity of bonds and notes It is the intent of this act that the power to issue bonds and notes under this act and the validity of the bonds and notes so issued shall not be dependent in any manner on the power to acquire property or to settle, adjust…

40:60-25.13. Disposition of property; repairs and maintenance The governing body of such municipality may apply to public use so much of the property acquired by it hereunder as may be needed for public use, and shall sell and dispose of the property not needed for public use as …

40:60-25.14. Surrender of tax exemption Any municipality purchasing or intending to purchase tax exempt property as provided in this act, may, by the same or a separate instrument, contract with the owner of such tax exempt property for the surrender and extinguishment in perpetu…

40:60-25.15. Incidental powers of municipality As incidental to the purpose for which the tax exempt property is acquired, if any part of the tax exempt property to be acquired by a municipality pursuant to this act is used or is susceptible of use for furnishing a utility servic…

40:60-25.16. Partial invalidity The sections and parts of sections included in this act are hereby declared to be independent sections and parts of sections; if any such section or part of section shall be held invalid, such holding shall not affect the remainder of this act, nor…

40:60-25.17. Inconsistent acts superseded With respect to the subject matter of this act, this act shall supersede any other act or part of act inconsistent with any provision of this act, to the extent of such inconsistency. L.1944, c. 206, p. 733, s. 11, eff. April 21, 1944.

40:60-25.18. Industrial property; management In any municipality which shall have heretofore purchased or shall hereafter purchase property pursuant to the provisions of chapters two hundred six or two hundred seven of the laws of one thousand nine hundred and forty-four, and all…

40:60-25.19. Plant management commission; members The commission which shall be called the "Plant Management Commission" of the municipality, shall be composed of five members appointed respectively for terms of one, two, three, four and five years, computed, however from noon of…

40:60-25.2. Lease of land for parking lot Any municipality may acquire by lease or leases any land or lands therein, and entrances to and exits from any such lands, for the purpose of making the same available to the public for the parking of vehicles. Any such lease shall be for…

40:60-25.20. Powers of commission Within such limitations as may be prescribed by such governing body, the commission shall have power to manage, operate, maintain and otherwise deal with the property, to collect rents and other revenues arising therefrom, and from the proceeds a…

40:60-25.21. Revenue from plant operations; dedicated funds All rents and other revenues derived from the operation of any portion of the property shall be paid to the municipality, shall be deposited in such bank or banks as such governing body shall determine, shall be set apar…

40:60-25.22. Sale of plants; proceeds pledged to payment of bonds issued In order further to secure the payment of the principal of bonds which such municipality may issue for the financing of the acquisition of, or of improvements to, the property, or any portion thereof, such g…

40:60-25.23. Annual reports by commission As of the first day of February in each year, the commission shall make a detailed financial report to such governing body as to the operation of the property during the preceding calendar year. Copies of all minutes of meetings of the co…

40:60-25.24. Terms and conditions of leases or sales of plants; approval of contracts The commission may from time to time negotiate the terms, covenants, provisions and conditions of leases or sales, which sales may be in part for cash and in part on purchase money bond and mort…

40:60-25.25. Employment of manager, engineers, etc.; civil service applicable to employees The commission may employ a general manager, engineers, a secretary, counsel, and such other engineering, clerical, legal, accounting and other assistants as it may deem necessary to carry …

40:60-25.26. Partial invalidity The sections and parts of sections included in this act are hereby declared to be independent sections and parts of sections; if any such section or part of section shall be held invalid, such holding shall not affect the remainder of this act, nor…

40:60-25.27. Autobus terminals; power to establish; leases; conditions The governing body of any municipality is hereby authorized and empowered to acquire by gift, grant, purchase, condemnation or in any other lawful manner, lands and interest therein for autobus terminal purpos…

40:60-25.28. Use of municipal property The governing body of any municipality in this State is hereby authorized to acquire, establish, construct, own, control, lease, equip, improve, maintain, operate and regulate autobus terminals for the use of autobusses within the limits of …

40:60-25.29. Lands declared to be acquired and used for a public purpose; eminent domain Any lands acquired, owned, controlled or occupied by such municipality for the purposes enumerated in sections one and two hereof shall and are hereby declared to be acquired, owned, controll…

40:60-25.3. Improvement and maintenance; employees The governing body of any municipality may provide, by resolution, for the lighting, improvement and maintenance of any lands devoted to the public parking of vehicles, the entrances thereto and exits therefrom, and for the emplo…

40:60-25.30. Private property; purchase or condemnation; bonds; construction cost a municipal charge; fees; rules and regulations Private property needed by any municipality for an autobus terminal shall be acquired by purchase if the municipality is able to agree with the owners…

40:60-25.31. Property acquired to be self-supporting and taxable To the end that affected taxing authorities may not suffer undue loss of taxes and assessments by reason of the acquisition and ownership of property therein by such a municipality, all property hereafter acquired b…

40:60-25.32. Annual appropriations The governing body of any municipality to which this act is applicable having power to appropriate money therein may annually appropriate and cause to be raised by taxation in such municipality a sum sufficient to carry out the provisions of thi…

40:60-25.33. Cemeteries which are public nuisances; acquisition by municipalities and boards of education Wherever there exists in any municipality of this State a burying ground or cemetery, owned and controlled by any church or other corporation, which church or corporation is …

40:60-25.34. Cemeteries detrimental to public health or morals; possession by municipality Wherever there exists in any municipality of this State any burying ground or cemetery, owned or controlled by a church or other corporation, which has neglected to care for the same, so th…

40:60-25.35. Investigation Upon receiving such request from such corporation or such board of health, the board or body having charge or control of the finances of such municipality shall investigate whether or not the said burying ground or cemetery is so located that it is inco…

40:60-25.36. Use for park, school purposes or other public uses If such board or body having charge or control of the finances of such municipality should determine for the reasons aforesaid that the bodies aforesaid should be removed from any such old burying ground or cemetery,…

40:60-25.37. Proceedings where church or other corporation controlling cemetery is unable or refuses to convey In case the application is made by the board of health, as provided in section two, and the church or other corporation controlling such burying ground or cemetery shall…

40:60-25.39. Determination Upon good cause shown, the court may adjudge that the said burying ground or cemetery has become a public nuisance or is a detriment to the health or morals of the people of said municipality, and that the bodies therein should be disinterred and remove…

40:60-25.4. Operating expenses; parking fees The rents and other costs and expenses incident to the improvement, lighting, maintenance and operation of any such public parking areas may be raised by general taxation, but it shall be lawful for the municipality to accept from any …

40:60-25.40. Removal of bodies and reburial; records and maps Upon the execution of the deed referred to in section four or upon the making of the said adjudication, it shall be lawful for the said board or body having charge or control of the finances or the board of education, …