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USA Statutes : new_jersey
Title : TITLE 40 MUNICIPALITIES AND COUNTIES
Chapter : 40:48B-2.
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40:48B-2. Authority to enter into contract for joint operation of public services, improvements, facilities, etc.
a. The governing bodies of any two or more municipalities or counties or combination of municipality or municipalities and county or counties may enter into a joint contract for a period not to exceed 40 years to provide for the formation of a joint meeting for the joint operation of any public services, public improvements, works, facilities or undertakings which any such local unit is empowered to operate. Such contract shall be entered into in accordance with the procedures set forth for the entering into of joint service contracts in section 4 of P.L.1973, c.208 (C.40:8A-4) of the ~Interlocal Services Act~.
b. A joint contract may provide for joint services in any service which any contracting local unit on whose behalf such services are to be performed is legally authorized to provide for itself. Such services shall include but not be limited to general government administration, health, police and fire protection, code enforcement, assessment and collection of taxes, financial administration, environmental protection, joint municipal courts, youth, senior citizens and social welfare programs.
c. The joint contract shall set forth the public services, public improvements, works, facilities or undertakings which the contracting local units desire to operate jointly, and shall provide in general terms the manner in which the public services, public improvements, works, facilities or undertakings shall be jointly operated, and the respective duties and responsibilities of the contracting local units.
d. No such joint contract shall authorize the operation of any property or service defined as a ~public utility~ by R.S.48:2-13, except as may otherwise be provided by law.
L.1952,c.72,s.2; amended 1960,c.3,s.1; 1973,c.208,s.12; 1989,c.113,s.1.
40:48B-2.1. Joint meetings; powers and authority
a. The joint meeting shall be a public body corporate and politic constituting a political subdivision of the State exercising public and essential governmental functions to provide for the public health and welfare. The joint meeting shall have the following powers and authority, which may be exercised by the management committee to the extent provided in the joint contract:
(1) To sue and be sued;
(2) To acquire and hold real and personal property by deed, gift, grant, lease, purchase, condemnation or otherwise;
(3) To enter into any and all contracts or agreements and to execute any and all instruments;
(4) To do and perform any and all acts or things necessary, convenient or desirable for the purposes of the joint meeting or to carry out any powers expressly given in this act;
(5) To sell real and personal property owned by the joint meeting at public sale;
(6) To operate all services, lands, public improvements, works, facilities or undertakings for the purposes and objects of the joint meeting;
(7) To enter into a contract or contracts providing for or relating to the use of its services, lands, public improvements, works, facilities or undertakings, or any part thereof, by local units who are not members of the joint meeting, and other persons, upon payment of changes therefor as fixed by the management committee;
(8) To receive such State or Federal aids or grants as may be available for the purposes of the joint meeting and to make and perform such agreements and contracts as may be necessary or convenient in connection with the application for, procurement, acceptance or disposition of such State or Federal aids or grants; and
(9) To acquire, maintain, use and operate lands, public improvements, works or facilities in any municipality in the State, except where the governing body of such municipality, by resolution adopted within 60 days after receipt of written notice of intention to so acquire, maintain, use or operate, shall find that the same would adversely affect the governmental operations and functions and the exercise of the police powers of such municipality.
b. If the governing body of a municipality in which a joint meeting has applied for the location and erection of sewage treatment or solid waste disposal facilities refuses permission therefor or fails to take final action upon the application within 60 days of its filing, the joint meeting may, at any time within 30 days following the date of such refusal or the date of expiration of said period of 60 days, apply to the Department of Environmental Protection, which is authorized, after hearing the joint meeting and the municipality interested, to grant the application for the erection of the sewage treatment or disposal or solid waste treatment or disposal facilities, notwithstanding the aforesaid refusal or failure to act of the governing body, upon being satisfied that the topographical and other physical conditions existing in the local units comprising the joint meeting are such as to make the erection of such facilities within its boundaries impracticable as an improvement for the benefit of the whole applying joint meeting.
L.1960, c. 3, p. 18, s. 7. Amended by L.1973, c. 208, s. 13, eff. Aug. 2, 1973.
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