Town of West New York, NJ Agreement as to On-Street Parking Facilities

For the purpose of aiding and cooperating with the Parking Authority of the Town of West New York in the planning, undertaking or operating of parking projects within the area in which the Parking Authority is authorized to act, the parties mentioned in the title hereof shall enter into the following agreement:

This agreement made and entered into by and between the Town of West New York, a municipal corporation of the State of New Jersey, located in the County of Hudson (hereinafter called the "town"), and the Parking Authority of the Town of West New York (hereinafter called the "Authority") a public body corporate and politic created pursuant to the provisions of the Parking Authority Law of the State of New Jersey;

WITNESSETH:

WHEREAS, the Town of West New York is authorized to aid and cooperate with the Authority in the planning, undertaking or operation of parking projects within the area in which the Authority is authorized to act; and

WHEREAS, the Board of Commissioners in accordance with the power granted by Sections 22 and 23 of the Parking Authority Law (Chapter 198, Laws of 1948 -- Chapter 11A of Title 40 of the Revised Statutes) has turned over the operation and maintenance of the two public parking areas now operated, maintained and owned by the town, one of which is located on Van Buren Place and the other on Madison Street, each in the Town of West New York, together with the facilities and equipment owned by the town on such off-street public parking facilities; and

WHEREAS, the Board of Commissioners desires to turn over to the Authority funds collected by the town on and after May 1, 1965, for or with respect to the parking of motor vehicles in or on the streets of the town:

Now, therefore, for and in consideration of the premises and the mutual promise hereinafter contained, and for good and valuable considerations, the parties hereto agree as follows:

Section 1. Definitions. The following terms shall have the following meanings in this agreement:

(1)

"Metered on-street parking facilities" shall mean the places presently on or in the streets in said town and the parking meters or other parking equipment, machinery or devices installed, located and existing at or near curbs of the street and adjacent to such places, for collecting parking charges, and all such facilities hereafter located, constructed, acquired by the Board of Commissioners or the Authority and operated by the Authority for which charges for parking are fixed, established or collected.

Section 2. The Town of West New York, as of May 1, 1965, hereby turns over to the Authority the operation and maintenance of the metered on-street parking facilities of the town.

Section 3. The Authority agrees to maintain and operate the metered on-street parking facilities and to use the revenue derived therefrom for the operation and maintenance of said metered street parking facilities before using it for any other corporate purpose and shall not pledge or otherwise encumber such revenues to any other person, corporation or purpose.

Section 4. The Authority agrees to pay operating and maintenance expenses of on-street parking meters, including the cost of collecting the moneys derived from the use of such meters. The Board of Commissioners agrees to take all steps necessary to enforce the laws and ordinances of the town in respect to the use of said meters, and to pay the expense of enforcing same. All fines and forfeitures collected as a result of such enforcement shall be retained by the Board of Commissioners.

Section 5. The Authority agrees to cooperate with the Board of Commissioners in the installation of such meters as it may from time to time deem necessary or desirable in the on-street facilities; provided, however, that the Board of Commissioners reserves full police power and control over the public streets and ways of the town, and the right to remove any such on-street meters in the event that such meters are not, in the Board's judgment, necessary or convenient in the Board's exercise of its jurisdiction over traffic, taxicabs and public transportation, town streets, parks, markets, etc. This reservation of rights shall be liberally construed in favor of the Board, so that it may properly exercise its lawful powers and authority as such Board in the public interest.

Section 6. This agreement shall take effect on May 1, 1965, or upon its execution or the taking effect of the ordinance authorizing its execution, whichever date is latest, and shall continue in effect and be binding upon and inure to the benefit of the parties hereto so long as such facilities are used for the public parking of motor vehicles and the other conditions of this agreement are complied with.