Title 40, Title 40: MUNICIPALITIES AND COUNTIES

40:54-29.4. Apportionment of appropriations The governing bodies of such municipalities shall propose such an undertaking by a joint library agreement, which shall provide for the apportionment of annual and special appropriations therefor among such municipalities, for the initi…

40:54-29.5 Joint library agreement, filing. 3. After the introduction of an ordinance approving such joint library agreement, which may be incorporated by reference therein, such agreement shall be and remain on file for public inspection in the municipal clerk's office from the …

40:54-29.6. Notification of governing bodies after adoption of ordinance; submission of question to voters After the adoption of such ordinance, each governing body shall notify each of the other governing bodies proposing to unite in the joint library of such adoption. After the…

40:54-29.7. Form of ballot Such question shall be placed upon the official ballots in each of the participating municipalities in substantially the following form: "Shall (insert the name of one municipality) unite with (insert the name or names of the other municipality or munic…

40:54-29.8. Approval of resolution These municipalities in which at said election the question is approved by a majority of the legal votes cast in each, both for and against such question, shall, as of January 1 next following said election, unite in the support, maintenance and…

40:54-29.9 Procedure for amendment of joint library agreement. 7. a. The joint library agreement may be amended by agreement among the parties thereto but such amendments shall not become effective until approved in each of the participating municipalities by ordinance, which ord…

40:54-3. Referendum; notice The municipal clerk shall cause public notice of such general or special election to be given by advertisement, signed by himself and set up in at least five public places in the municipality for at least ten days previous to the date of such election …

40:54-35. Library funds The governing body of any municipality may appropriate and raise such sum of money as in its judgment may be deemed necessary to aid libraries and reading rooms in serving any such municipality, whether such libraries or reading rooms be located in such mu…

40:54-4. Ballot; form and content The officer charged with the duty of preparing the ballots for such election shall cause the question to be submitted to be printed on the official ballots for such election in substantially the following form: "To vote upon the public question p…

40:54-5. Election returns The election officers of the municipality shall make a true and correct return of the result of such election in writing, under their hands, and said statement shall be entered at large upon the minutes of the governing body.

40:54-6. Vote required for adoption If a majority of the votes so counted shall be in favor of a free public library, the provisions of this article shall be deemed to have been adopted.

40:54-7. Rejection of proposition; second election Where any municipality shall vote against the establishment of a free public library such vote shall not preclude the holding of another election, general or special, to vote for or against the adoption of the provisions of this …

40:54-7.1 Dissolution of free public libraries. 1. a. Any free public library established by referendum pursuant to R.S.40:54-1 et seq., may be dissolved, provided the dissolution is approved by a majority of the legal voters of the municipality, at a general election at which th…

40:54-8 Library tax. 40:54-8. a. Within every municipality governed by this article there shall annually be raised by taxation a sum equal to one-third of a mill, unless a higher rate is approved by the voters pursuant to subsection b. of this section, on every dollar of assessab…

40:54-8.1 Limitation on increase in amount raised by taxation. 5. Any increase in the amount raised by taxation for the municipal library as required by R.S.40:54-8 shall not exceed the total amount expended by the municipality in the previous year plus 15% of the previous year's…

40:54-8.2 Preparation of ballots. 4. a. The officer charged with the duty of preparing the ballots for an election in which a proposition is to be submitted to the voters pursuant to subsection b. of R.S.40:54-8 or pursuant to subsection b. of section 7 of P.L.1959, c.155 (C.40:5…

40:54-9. Trustees; number, appointment and term; alternates Immediately upon the establishment by any municipality of a free public library under this article, a board of trustees shall be formed to consist of from seven to nine members, one of whom shall be the mayor or other ch…

40:54A-1. Authorization to create seaquarium authority; name The governing body of any municipality bordering on the Atlantic ocean is hereby authorized to create by ordinance a local authority to plan, construct and maintain on or adjacent to the ocean front of the municipality,…

40:54A-10. Competition with public utility prohibited Nothing in this act or any provision hereof shall authorize or be construed to authorize, the construction, installation, acquisition, maintenance, operation, or sale of any property, plant, equipment, facilities, commodity, p…

40:54A-11. Annual report of authority; rights and powers of municipality; appropriations; use of funds; budget; record of accounts Each authority shall make an annual report to the municipality by which it has been created, setting forth in detail its operations and transactions …

40:54A-2. Appointment of members; qualifications; terms; vacancies; conflict of interest; oath; compensation; officers; quorum; bonds The members of each authority shall be appointed by the mayor or other executive head of the municipality of its creation. Each member shall be, f…

40:54A-3. Employees and assistants; compensation; selection; civil service; offices; records Insofar as may be practicable, the employees and assistants required by the authority shall be recruited from the public officers and employees of the municipality served by the authority…

40:54A-4. Duty of authority Every authority created under this act shall have the responsibility and obligation: To plan, construct and maintain in and for the municipality, a seaquarium as provided and designated in section 1 of this act. L.1964, c. 103, s. 4, eff. May 29, 1964.…

40:54A-5. General powers In addition to any other powers conferred upon an authority by this act, each authority shall have the following powers: a. To adopt and have a common seal and to alter the same at pleasure; b. To sue and be sued; c. To acquire, hold, use and dispose of i…

40:54A-6. Resolution of governing body; investigation and report by authority Whenever an authority having first been authorized so to do by resolution adopted by the governing body of the municipality and after investigation and study shall plan to undertake any seaquarium facil…

40:54A-7. Tolls, rents, fees, etc. Every authority is hereby authorized to charge and collect tolls, rents, rates, fees or other charges (in this act sometimes referred to as "facility charges" ) in connection with, or for the use of services of, or otherwise relating to any seaq…

40:54A-8. Compliance of charges with terms of lease or other agreement; adjustment of rates; basis The facility charges fixed, charged and collected by an authority with respect to any seaquarium facility shall comply with the terms of any lease or other agreement of the authorit…

40:54A-9. Acquisition of realty; manner; eminent domain Every authority is hereby empowered, in its own name but for the municipality, to acquire by purchase, gift, grant or device and to take for public use real property within the municipality, or any interest therein which may…

40:54C-1. Tourist development commission; creation by ordinance; members; term of office; vacancies; service without compensation The governing body of any municipality enacting an ordinance or ordinances authorized by section 1 of this act, shall by ordinance, establish a " Tour…

40:54C-2. Organization, regulation of commission 4. a. As soon as possible and in any event no later than 15 days after its appointment, the commission shall organize and hold its first meeting, fix its hours and place of meeting, and adopt rules for the conduct of its business a…

40:54C-3. Disbursement authority. 5. The commission shall have exclusive authority to disburse all revenues allocated to the fund established pursuant to section 2 of P.L.1982, c.68 (C.40:52-8). It shall spend moneys from the fund in the manner it deems advisable for the purpose …

40:54C-4. Records; reports; disbursements not in accordance with purpose of act The commission shall keep records of its meetings, activities and expenditures. At any time upon the request of the governing body, and in no event less than once annually, the commission shall make a…

40:54C-4.1. Custodian 3. The chief financial officer of the municipality shall serve as the custodian of the fund established pursuant to section 2 of P.L.1982, c.68 (C.40:52-8), and shall maintain the necessary financial records required by the Director of the Division of Local …

40:54C-5. Joint action with other commission Any commission created by this act in any municipality is authorized to act jointly with any commission so created in any other municipality, in furtherance of the purpose stated in section 5 of this act. L.1982, c. 68, s. 7, eff. July…

40:54C-6. Advertisements exempt from public bidding 4. The provisions of the "Local Public Contracts Law," N.J.S.40A:11-1 et seq., to the contrary notwithstanding, the purchase of, or contracting for, advertisements in periodicals, or on radio, television, or cable television by …

40:54C-7. Authority of commission 5. The commission established by an ordinance authorized pursuant to section 1 of P.L.1982, c.68 (C.40:52-7), in furtherance of the 10-year master plan for the growth of tourism pursuant to the provisions of section 8 of the "Division of Travel a…

40:54D-1. Short title 1. This act shall be known and may be cited as the "Tourism Improvement and Development District Act." L.1992,c.165,s.1.

40:54D-10. "State Tax Uniform Procedure Law" applicable 10. The tourism assessment and the tax imposed upon predominantly tourism related retail receipts pursuant to this act shall be governed by the provisions of the "State Tax Uniform Procedure Law," R.S.54:48-1 et seq. L.1992,…

40:54D-11. Rules, regulations 11. The director shall, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to implement this act and the purposes thereof, including the extension of, for cause shown by general…

40:54D-12. Revenues deposited in funds 12. a. All revenues from a tax on predominantly tourism related retail receipts collected by the director under an ordinance adopted and authorized pursuant to this act, P.L.1992, c.165 (C.40:54D-1 et seq.), shall be retained by the State Tr…

40:54D-13 Reserve fund created. 13. There is created for a tourism improvement and development district established pursuant to P.L.1992, c.165 (C.40:54D-1 et seq.), a reserve fund to be held by the State Treasurer, but not to exist in the State Treasury, to be the repository for…

40:54D-14 Application of fund. 14. a. Until such time as the conditions set forth in subsection b. of this section are met, the revenues deposited by the State Treasurer in the fund shall be applied for the purposes of financing the provision, advertising, promotion, improvement …

40:54D-14.1. Tourism assessment funds; use 9. a. There is created for a tourism improvement and development district established pursuant to P.L.1992, c.165 (C.40:54D-1 et seq.), a tourism assessment fund to be held by the State Treasurer, but not to exist in the State Treasury, …

40:54D-15. Imposition of tourism development fee 15. Ordinances adopted pursuant to this act, P.L.1992, c.165 (C.40:54D-1 et seq.) shall impose a tourism development fee. The ordinances imposing the fee shall set forth the method for the calculation thereof which shall be similar…

40:54D-16. Payment of fee 16. The tourism development fee shall be due and payable in the manner prescribed in the ordinance establishing the fee. L.1992,c.165,s.16.

40:54D-17. Remitting, reporting of fees paid, appropriation to authority 17. a. All tourism development fees imposed by ordinance pursuant to section 15 of this act, P.L.1992, c.165 (C.40:54D-15), shall be paid to the municipality by the person making the charge that subjects the…