Title 40, Title 40: MUNICIPALITIES AND COUNTIES

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 a…

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 …

40:68-3. Lease of improvements; terms; lessee's bond; use of improvement by others The governing body may lease for any period not exceeding ten years, under such covenants, terms and conditions as it may prescribe, storage facilities, wharves, piers, bulkheads, docks, slips and …

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.

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 vot…

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,…

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.

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 Contro…

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…

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 Beac…

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 …

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 …

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…

40:68-4. Ordinances relating to water fronts The governing body of every municipality shall have power to make, amend, repeal and enforce ordinances to: General improvements; use regulated. a. Provide for the erection, improvement, alteration, extension, maintenance, use, regulat…

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 al…

40:68-41. Entry upon lands or waters to make surveys, borings, sounding and examinations; condemnation; compensation The district, its agents, officers, engineers or others in its employ, may enter at all times upon all lands or waters for the purpose of making surveys, borings, …

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 iss…

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 adopt…

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 Ti…

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 i…

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…

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…

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 …

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 mu…

40:68-5. Acquisition of railroads and equipment connecting with water front improvements Any municipality may own or acquire by purchase or lease, any railroad and railroad system existing on April nineteenth, one thousand nine hundred and twenty, which lies entirely within the m…

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 obligati…

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 inoperativ…

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 co…

40:68-6. Operation of railroad by municipality; lease to corporation Any municipality may operate any such railroad or railroad system owned or leased by it, or rent the same for revenue, to a corporation authorized by law to operate, upon such rentals, terms and conditions, as t…

40:68-7. Income from improvements and railway; use of; annual deficits All income received by the municipality for wharfage, storage, cranage, dockage and all other rates, fees and charges, all rentals from leases, and the gross receipts and income received from the operation by …

40:68-8. Funds for supervision and control of improvements and ferries The governing body shall appropriate and raise annually the funds necessary to pay the costs and expenses incident to the supervision and control of wharves, docks and ferries.

40:68-9. Officers, agents and employees Any municipality may provide for and employ all officers, agents, engineers and employees needed to carry out the powers given by this chapter, and prescribe their duties, powers and authority, fix their salaries and compensation and their …

40:68A-1. Short title This act shall be known and may be cited as the "port authorities law." L.1948, c. 349, p. 1380, s. 1, eff. Sept. 1, 1948.

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 …

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 c…

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 issu…

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 …

40:68A-14. Provisions of bond resolutions Any bond resolution of a port authority providing for or authorizing the issuance of any bonds may contain provisions, and such port authority, in order to secure the payment of such bonds and in addition to its other powers, shall have p…

40:68A-15. Default in payment of bonds; trustees; appointment; powers; receiver In the event that there shall be a default in the payment of principal of or interest on any bonds after the same shall become due, whether at maturity or upon call for redemption, and such default sh…

40:68A-16. Personal liability on bonds; not debt or liability of state or local unit Neither the members of the port authority nor any person executing bonds issued pursuant to this act shall be liable personally on the bonds by reason of the issuance thereof. Bonds or other obli…

40:68A-17. Real property; acquisition; condemnation Every port authority is hereby empowered, in its own name but for the local unit or units, to acquire by purchase, gift, grant or devise and to take for public use real property, within or without the district, which may be deem…

40:68A-18. Service charge with regard to real property; interest; lien; enforcement; collection In the event that any service charge of a port authority shall not be paid as and when due, the unpaid balance thereof and all interest at the rate of one per centum (1%) per month acc…

40:68A-19. Sale, lease, loan, grant or conveyance to port authority; permit Any county, by resolution of its board of chosen freeholders, or any municipality, by ordinance of its governing body, or any other person is hereby empowered, without any referendum and without the conse…

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 …

40:68A-20. Public bodies to pay service charges Each county, municipality and other public body shall promptly pay to any port authority all service charges for any use of its port facilities, and shall provide for the payment thereof in the same manner as other obligations of su…

40:68A-21. Mortgage, pledge or disposal of port facilities; exemptions Neither the port authority nor any local unit shall have power to mortgage, pledge, encumber or otherwise dispose of any part of the port facilities, except that the port authority may dispose of such part or …