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40:37B-3 - Creation of authority;  membership;  filing and publication of resolution

40:37B-3.  Creation of authority;  membership;  filing and publication of resolution
    The governing body of a county may by resolution create a public body corporate and politic under and pursuant to this act, under the name and style of  "The          County Recreation Authority,"  with all or any significant part of the name of said county inserted.  Said body shall consist of the 5 members thereof, who shall be residents of the county and be appointed by resolution of said governing body as hereinafter provided, and it shall constitute the authority contemplated and provided for in this act and an agency or instrumentality of said county.  Copies of said resolution for the creation of the authority, certified by the clerk of said governing body, shall  be filed in the office of the Secretary of State and in the office of the  Division of Local Government in the Department of the Treasury.  A copy of any  such certified resolution, duly certified by or on behalf of the Secretary of  State, shall be admissible in evidence in any action or proceeding and shall be  conclusive evidence of due and proper adoption and filing thereof as aforesaid.   After such filing in the office of the Secretary of State, a copy of said  resolution shall be published at least once in a newspaper published or  circulating in the county, together with a notice stating the fact and date of  its adoption and the date of the first publication of such notice.  If no  action questioning the validity of the creation or establishment of the  authority shall be commenced within 45 days after the first publication of such  notice, then said authority shall be conclusively deemed to have been validly  created and established and authorized to transact business and exercise powers  as a public body created pursuant to this act.

     L.1967, c. 136, s. 3, eff. June 28, 1967.
 

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