Rutgers Law

New Jersey Statutes, Title: 40, MUNICIPALITIES AND COUNTIES

    Chapter 37: Shade tree commission; freeholders' powers

      Section: 40:37-146.3: Leases of lands or concessions to highest responsible bidder; term; conditions

           a. Notwithstanding the provisions of any law to the contrary, a county park commission established pursuant to R.S. 40:37-96 et seq. may lease park lands or concessions therein to the highest responsible bidder for the purposes of providing services and facilities required for or incidental to the operation of public parks, playgrounds or recreation places; provided that:

(1) The governing body of the county shall approve the lease, by resolution or ordinance, as appropriate;

(2) Advertisement of the acceptance of bids for the lease is published in a newspaper of general circulation in the county not less than 10 days prior to the award of the lease; and

(3) The period of the lease shall not exceed five years. In awarding the lease, the county park commission may receive a lease price in excess of the amount of any necessarily related administrative expenses.

b. Notwithstanding the provisions of any law to the contrary, if the responsibilities of, and ownership and occupation of lands by, a county park commission established pursuant to R.S. 40:37-96 et seq. have been transferred to a division, department, agency or instrumentality of a county, the governing body of the county may, by ordinance or resolution, as appropriate, lease park lands or concessions therein to the highest responsible bidder for the purpose of providing services and facilities required for or incidental to the operation of public parks, playgrounds or recreation places; provided that:

(1) Advertisement of the acceptance of bids for the lease is published in a newspaper of general circulation in the county not less than 10 days prior to the award of the lease; and

(2) The period of the lease shall not exceed five years. In awarding the lease, the governing body of a county may receive a lease price in excess of the amount of any necessarily related administrative expenses.

c. Any such lease or concession which shall be conditioned upon the construction or provision of any building, structure or improvement by the lessee or concessionaire may, notwithstanding the provisions of subsection a. and b. above, be for such period of years as shall be agreed upon.

L.1984, c. 174, s. 1, eff. Oct. 31, 1984.



This section added to the Rutgers Database: 2012-09-26 13:37:51.

Older versions of 40:37-146.3 (if available):

Court decisions that cite this statute: CLICK HERE.