Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:37B-47. Severability If any section, subsection, clause or provision of this act shall be adjudged unconstitutional or to be 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 ot…

40:37B-5. Appointment of members; terms; filling of vacancies After expiration of the period of 45 days following the first publication as provided in section 3 hereof of a notice regarding creation of an authority, 5 persons shall be appointed as the members of the authority. Th…

40:37B-6. Election of chairman and vice-chairman; appointment of other officers, agents and employees Every authority, upon the first appointment of its members and thereafter on or after February 1 in each year, shall annually elect from among its members a chairman and a vice c…

40:37B-7. Vesting of powers; quorum The powers of the authority shall be vested in the members thereof in office from time to time and a majority of the entire authorized membership shall constitute a quorum at any meeting thereof. Action may be taken and motions and resolutions …

40:37B-8. Compensation and expenses An authority may reimburse its members for necessary expenses incurred in the discharge of their duties. The resolution for the creation of an authority may provide that the members of the authority may receive compensation for their services w…

40:37B-9. Unlawful interest in contracts No member, officer or employee of an authority shall have or acquire any interest, direct or indirect, in a public facility of the authority or in any property included or to be included in the holdings of the authority or in any contract …

40:37C-1. Short title This act shall be known and may be cited as the "New Jersey Pollution Control Financing Law." L.1973, c. 376, s. 1, eff. Jan. 9, 1974. Amended by L.1983, c. 298, s. 2, eff. Aug. 8, 1983.

40:37C-10. Nonliability of state, political subdivision thereof, county or municipality; guarantee of rights and remedies of bondholders Bonds issued under the provisions of this act shall not be deemed to constitute a debt or liability of the State or of any political subdivisio…

40:37C-11. Certification of facilities; condition precedent to adoption of resolution for authorization for bonds Before any authority adopts a resolution authorizing the issuance of bonds and as a condition precedent to any such authority to issue bonds, the Commissioner of Envi…

40:37C-12. Tax exemptions All bonds issued pursuant to the act are hereby declared to be issued for an essential public and governmental purpose and such bonds, and the interest thereon and the income therefrom, and all funds, revenues, income and other moneys received or to be r…

40:37C-13. Disposition of facilities after payment and retirement of bonds When the principal of and interest on bonds issued by an authority to finance the cost of a particular pollution control facility, including any refunding bonds issued to refund and refinance such bonds, h…

40:37C-14. Independence of authority Except as herein provided, no proceedings, referendum, notice or approval shall be required for the creation of an authority or the issuance of any bonds or any instrument as security therefor, provided however, that nothing herein shall be co…

40:37C-15. Legal investments; security for public deposits The State and all public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan a…

40:37C-16. Powers conferred by act as additional and supplementary The powers conferred by this act shall be in addition and supplementary to those in other laws and the limitations by this act shall not affect the powers conferred by any other law. L.1973, c. 376, s. 16, eff. Ja…

40:37C-17. Severability The provisions of this act shall be severable, and if any of the provisions hereunder shall be held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of any of the remaining provisions of this act. L.1973, c. 376, s. …

40:37C-18. Annual audit of accounts; filing It shall be the duty of every authority created pursuant to this act 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 municip…

40:37C-2. Legislative findings and declaration The Legislature hereby finds and declares that there is an urgent need to protect and enhance the quality of the natural environment; that to reduce, abate and prevent environmental pollution, quality standards have been and will be …

40:37C-3. Definitions In this act, unless the context otherwise clearly requires, the terms used herein shall have the meanings ascribed to them as follows: "Act" means this New Jersey Pollution Control Financing Law. "Authority" means a pollution control financing authority crea…

40:37C-4. Industrial pollution control financing authority; purposes; creation by counties; approval; dissolution; filing of resolutions; members; organization a. Any county may create an authority under the provisions of this act which shall be a public body corporate and politi…

40:37C-5. Powers The authority shall have the following powers together with all powers incidental thereto or necessary for the performance thereof: a. To have perpetual succession as a public body corporate and politic; b. to adopt bylaws for the regulation of its affairs and th…

40:37C-6. Sale or lease of facilities; minimum amount of payments or rentals Any sale or lease of pollution control facilities entered into pursuant to the provisions of this act shall provide for payments or rentals adequate to pay the principal of and interest and premiums, if …

40:37C-7. Inapplicability of chapters 32 to 36 of Title 52 No authority shall be subject to the provisions of chapters 32 to 36, inclusive, of Title 52 of the Revised Statutes in the exercise of any of its powers under this act. L.1973, c. 376, s. 7, eff. Jan. 9, 1974. Amended by…

40:37C-8. Bonds; issuance; redemption; terms; sale; refunding bonds All bonds issued by an authority may be issued as serial bonds or as term bonds or a combination of both types. Such bonds shall be payable solely out of the revenues and receipts derived from the leasing or sale…

40:37C-9. Security for principal, interest and premiums The principal of and interest and premiums, if any, on any bonds issued by an authority shall be secured by a mortgage or pledge of the revenues and receipts out of which the same shall be made payable and may be secured by …

40:37D-1. Short title 1. This act shall be known and may be cited as the "County Food Distribution Authorities Law." L.1994,c.98,s.1.

40:37D-10. Additional powers of authority relative to bond covenants 10. In any resolution of the authority authorizing or relating to the issuance of any bonds or notes, the authority, in order to secure the payment of the bonds or notes and in addition to its other powers, shal…

40:37D-11. Pledges by authority immediately valid, binding 11. Any pledge of revenues, moneys, funds or other property made by the authority shall be valid and binding from the time when the pledge is made. The revenues, moneys, funds or other property so pledged and thereafter r…

40:37D-12. Establishment of additional reserves, funds, accounts 12. a. The authority may establish reserves, funds or accounts, in addition to those required pursuant to subsection b. of section 6 of this act, as it determines necessary or desirable to further the accomplishment…

40:37D-13. Pledge of State 13. a. The State pledges to and covenants and agrees with the holders of any bonds or notes issued pursuant to this act that the State will not limit or alter the rights or powers vested in the authority to acquire, construct, maintain, improve, repair …

40:37D-14. Investment of funds, moneys in authority bonds 14. The State and all public officers, governmental units and agencies thereof, all banks, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companie…

40:37D-15. Conveyance of governmental real property to authority 15. All counties and municipalities and other governmental subdivisions, authorities, and public departments, agencies and commissions of the State, notwithstanding any contrary provision of law, are authorized to l…

40:37D-16. Tax treatment of authority facilities, property, bonds 16. a. All facilities and other property of the authority are declared to be public property devoted to an essential public and governmental function and purpose and shall be exempt from all taxes and special asses…

40:37D-17. Annual report to Local Finance Board 17. The authority shall make an annual report of its activities for its preceding fiscal year to the Local Finance Board, pursuant to the provisions of the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et seq.)…

40:37D-2. Findings, declarations 2. The Legislature finds and declares that: a. There is a need to establish, construct and develop regional food processing and distribution centers in the various counties of the State; and b. These regional centers will stimulate additional econ…

40:37D-3. Definitions 3. As used in this act: "Authority" means a county food distribution authority created pursuant to section 4 of this act. "Bonds" means bonds issued by the authority pursuant to this act. "Center" means a county food processing and distribution center author…

40:37D-4. Creation of county food distribution authority 4. a. Upon approval by the Local Finance Board, pursuant to sections 4 and 5 of P.L.1983, c.313 (C.40A:5A-4; C.40A:5A-5) the governing body of a county may by ordinance or resolution, as appropriate, create a public body co…

40:37D-5. Powers of authority, general 5. Except as otherwise limited by this act and the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et seq.), the authority shall have power: a. To sue and be sued; b. To have an official seal and alter it at pleasure; c. …

40:37D-6. County food processing and distribution center 6. a. An authority created pursuant to section 4 of this act is authorized to acquire by purchase, establish, develop, construct, operate, maintain, repair, reconstruct, restore, improve and otherwise effectuate a food proc…

40:37D-7. Powers of authority relative to highways and lands 7. a. If the authority shall find it necessary in connection with the undertaking of the center to change the location of any portion of any public highway or road, it may contract with any government agency, or public …

40:37D-8. Exercise of power of eminent domain 8. a. Upon the exercise of the power of eminent domain, the compensation to be paid thereunder shall be ascertained and paid in the manner provided in the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.), insofar as th…

40:37D-9. Issuance of bonds, notes 9. a. The authority is authorized from time to time to issue its bonds or notes in principal amounts which in the opinion of the authority shall be necessary to provide sufficient funds for any of its corporate purposes, including the payment, f…

40:38-28.1. Cost of living bonus or longevity program; participation In any county of the second class having a population in excess of 500,000 inhabitants, the limitations imposed pursuant to section 40:38-28 of the Revised Statutes on the amount of salary payable to the first d…

40:38-6.17. Repealer The following acts and statutes, together with all amendments thereof and supplements thereto, are repealed: Section 40:38-5 of the Revised Statutes; Section 40:38-6 of the Revised Statutes; Section 40:39-11 of the Revised Statutes; Section 40:39-12 of the Re…

40:40-28.9. Repeal "An act concerning coroners in counties having no medical examiner or county physician, and supplementing chapter forty of Title 40 of the Revised Statutes," approved May third, one thousand nine hundred and forty-six, is repealed. L.1947, c. 404, p. 1271, s. 5…

40:41A-1 Submission of charter study question. 1. a. Whenever authorized by resolution of the board of freeholders or on petition of the registered voters of any county, an election shall be held in the county upon the question, "Shall a charter study commission be created to stu…

40:41A-10. Expenses and compensation of the commission Members of the charter study commission shall serve without compensation but shall be reimbursed by the county for their necessary expenses incurred in the performance of their duties. Upon submission of a budget by the chart…