40:60-25.1 - Public parking lots; acquisition of land; use of land; leases - New Jersey Statutes

40:60-25.1.  Public parking lots;  acquisition of land;  use of land; leases
    (A) Every municipality is hereby authorized and empowered to acquire, by gift, devise, purchase or condemnation or in any other lawful manner, lands, buildings or other property, or interests therein, for the purpose of making facilities available to the public for the public parking of vehicles, and to use for said purpose any lands or other property theretofore acquired for other  public use or purposes, and to erect on said lands or otherwise construct or  acquire, and operate and maintain buildings or any other facilities for the  aforesaid purposes, including space for business or commercial uses as  hereinafter provided, and, for said purposes, to appropriate and expend moneys  for or in connection with any such project. Such lands may consist of separate  tracts or parcels, contiguous or not contiguous, improved or unimproved, and  whether or not abutting upon any State or county road or municipal street.

    (B) Upon acquisition or use as aforesaid, the municipality is hereby authorized and empowered to lease said lands or any buildings thereon, including the above-mentioned space for business or commercial uses, to any person, firm or public or private corporation for the aforesaid purposes, for a  consideration and for such period or periods of time not exceeding 50 years and  upon such other terms and conditions as may be agreed upon.  Such lease may be  upon condition that the lessee shall or may construct or provide the building  or buildings or other facilities permitted by this act for the aforesaid  purposes, including the above-mentioned space for business or commercial uses,  all upon such terms and conditions as may be agreed upon. The terms and  conditions of every such lease shall be authorized and determined by resolution  adopted by the affirmative vote of a majority of all the members of the  governing body of the municipality.

    (C) The municipality shall not engage directly in the sale of gasoline or accessories for, or in the repair or other servicing of, any such vehicles except in emergency, or in connection with any such project engage directly in the sale of any commodity of trade or commerce, but the municipality may include in any such project, and provide and lease as lessor, structures, buildings, space or accommodations (whether constructed by the municipality or by a lessee) for any business or commercial use, including the sale of gasoline  or accessories for, or the repair or other servicing of, such vehicles, if, in  the opinion of its governing body, such inclusion, provision and proposed  leasing is necessary to assist in defraying the expenses of the municipality in  connection with such project and make possible the operation of the parking  facilities of such project at reasonable rates and will increase the facilities  for parking which can be feasibly included, financed, constructed and operated  as part of such project.  Every such lease of space for a business or  commercial use in a project not leased as a whole by the municipality as lessor  shall be granted on a fair competitive basis, provided, however, that the municipality may in the discretion of its governing body grant such leases in  the project on a noncompetitive basis to persons, firms or corporations actually displaced from any land or building by reason of the acquisition or construction of the project, but every such lease so granted on a noncompetitive basis shall terminate not later than 10 years from the date of  such displacement of the lessee.

    (D) Any municipality, by ordinance duly adopted, at any time or from time to  time may consolidate and combine, and establish and constitute as a single publicly owned or operated utility or enterprise called a  "public parking system,"  any 1 or more of such projects and may include as part of such public  parking system any or all of its on-street, off-street or other parking areas  or facilities or any parking meters maintained in connection therewith, but  such inclusion of any such on-street parking area or facility shall not  constitute construction, improvement, policing, regulation, or maintenance  costs or indebtedness of streets as costs or indebtedness incurred for or with  respect to such public parking system. If the municipality be obligated to pay  any part of the moneys derived from the operation of said public parking system  or any other moneys to or for the account of a parking authority created for  such municipality or if there be outstanding any bonds of such parking  authority guaranteed by the municipality or any bonds or notes of the  municipality issued for the financing of any parking projects or projects of  such parking authority, then and in any such event, for all of the purposes of  sections 40:1-75 to 40:1-84, inclusive, of the Revised Statutes (local bond  law), all of such bonds or notes and all other bonds of such parking authority  shall be deemed to have been issued for the financing of said public parking  system and the parking project or projects of such parking authority shall be deemed to be included as part of said public parking system, provided that nothing contained in this sentence shall modify or in any way affect the rights, powers, duties or obligations of the parking authority with respect thereto or in any other respect.

     L.1942, c. 138, p. 427, s. 1.  Amended by L.1954, c. 205, p. 764, s. 1; L.1957, c. 172, p. 607, s. 1, eff. Aug. 8, 1957.