Pursuant to the provisions of Chapter 192 of the Laws of 1960 (N.J.S.A.
40:68A-29 et seq.) known as the "Municipal Port Authorities Law" of the State
of New Jersey, there is hereby created a public body corporate and politic
under the name and style of the "Borough of Carteret Municipal Port Authority."
The powers and duties are:
A. To provide for the public health and welfare;
C. To adopt and have a common seal and to alter the same
at pleasure;
D. In its own name acquire, hold, use and dispose of its
charges and other revenues and other moneys;
E. In its own name but for the local unit, to acquire, hold,
use and dispose of other personal property for the purposes of the Municipal
Port Authority and to acquire by purchase, gift, condemnation or otherwise,
or lease as lessee, real property and easements therein necessary or useful
and convenient for the purposes of the Municipal Port Authority, whether subject
to mortgages, deeds or trusts or other liens, or otherwise, and to hold and
to use the same, and to dispose of property so acquired no longer necessary
for the purposes of the municipal port authority.
F. To grant by franchise, lease or otherwise the use of
any project, facilities or property owned and controlled by it to any person
for such consideration and for such period or periods of time and upon such
other terms and conditions as it may fix and agree upon. Any such grant may
be upon condition that the user shall or may construct or provide any buildings
or structures or improvements on such project, facilities or property, or
portions thereof, all upon such terms and conditions as may be agreed upon;
G. To provide for and secure the payment of any bonds and
the rights of the holders thereof and to purchase, hold and dispose of any
bonds;
H. To apply for and to accept gifts or grants of real personal
property, money, material, labor or supplies, for the purposes of the Municipal
Port Authority, from any person, county or municipality, including the United
States or any agency thereof, and to make and perform such agreements and
contracts and to do any and all things necessary or desirable in connection
with the procuring, acceptance or disposition of such gifts or grants;
I. To determine exact location, type and character of and
all matters in connection with all or any part of the port system which it
is authorized to own, construct, establish, effectuate or control and to enter
on any lands, waters or premises for the purpose of making such surveys, diagrams,
maps or plans or for the purpose of making such soundings or borings as it
deems necessary or convenient;
J. To make or enforce bylaws or rules and regulations for
the management and regulation of its business and affairs and for the use,
maintenance and operation of the port system and any other of its properties
and to amend the same;
K. To do and perform any acts and things authorized by statute
under, through or by means of its own officers, agents and employees or by
contracts with any person;
L. To acquire, purchase, construct, lease, operate, maintain
and undertake any project and to make service charges for the use thereof;
M. To enter into any and all contracts, execute any and
all instruments and do and perform any and all acts or things necessary, convenient
or desirable for the purposes of the Municipal Port Authority or to carry
out any power expressly given in this chapter subject to Local Public Contracts
Law (40A:11-1 et seq.); and
N. To exercise any of the duties and/or powers provided
for pursuant to any other statute(s) hereto or hereafter enacted and applicable
thereto.
The Carteret Municipal Port Authority shall consist of five members,
one of whom shall be the Mayor, one additional member shall be appointed by
the Mayor, and the remaining three members shall be appointed by the Mayor
with the advice and consent of the Council. The first appointed members shall
by resolution be designated to serve for terms respectively expiring on the
first days of the first, second, third, and fourth Februarys next ensuing
after the date of their appointment. Each member shall hold office for the
term of his/her initial appointment, and all subsequent appointments shall
be for a term of five years. All members must reside within the Borough of
Carteret and shall serve without compensation.
Upon the adoption of this chapter, the Borough Clerk shall file a certified
copy of the same in the office of the Secretary of State, with the Division
of Local Government Services in the Department of Community Affairs, and in
the Clerk's office and must forward a certified copy to each authority, board,
commission or other public body existing or established to exercise powers
for port purposes in a port district or other district or area, by or pursuant
to act of Legislature of this state alone or in conjunction with the Legislature
of another state, the district or area of operation of which includes in whole
or in part the area of the port district created by virtue of adoption of
this chapter. The Borough Clerk shall also file any resolution appointing
any members to the Carteret Municipal Port Authority in the office of the
Secretary of the State.