40:37B-5 - Appointment of members;  terms;  filling of vacancies

40:37B-5.  Appointment of members;  terms;  filling of vacancies
    After expiration of the period of 45 days following the first publication as  provided in section 3 hereof of a notice regarding creation of an authority, 5  persons shall be appointed as the members of the authority.  The members first  appointed shall, by the resolution of appointment, be designated to serve for  terms respectively expiring on the first days of the first, second, third,  fourth and fifth Februarys next ensuing after the date of their appointment.   On or after January 1 in each year after such first appointments, one person  shall be appointed as a member of the authority for a term commencing on or  after February 1 in such year and expiring on February 1 in the fifth year  after such year. Each member shall hold office for the term of appointment and  until his successor shall have been appointed and qualified.  Any vacancy in  the membership of the authority during an unexpired term shall be filled by appointment of a person as member for the unexpired term.  A copy of any resolution appointing any such members, certified by the clerk of the governing  body, may be filed in the office of the Secretary of State.  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  and, except in an action or proceeding seeking only exclusion of the appointee  from office, shall be conclusive evidence of the due and proper appointment of  the members named therein.

     L.1967, c. 186, s. 5, eff. June 28, 1967.