[Adopted 7-29-2021 by Ord. No. 701]
Borough of Buena Fire District No. 1 is hereby dissolved and
abolished subject to the terms and conditions hereof, and the terms
of the offices of the members of the Board of Commissioners of the
Borough of Buena Fire District No. 1 are hereby terminated.
The Borough of Buena Fire District No. 2 shall assume all fire
suppression services of Fire District No. 1.
[1]
Editor's Note: Former § 18-7, Transfer of title
of all facilities, was repealed 11-14-2022 by Ord. No. 714.
. The Board of Commissioners of Fire District No. 2 shall assume
responsibility for the payment of all lawful debts and obligations
of the Borough of Buena Fire District No. 1, and the Board of Commissioners
of Fire District No. 2 hereby covenants and agrees to comply with
and perform all covenants, obligations and agreements of Borough Fire
District No. 1 except as may be modified between the Board of Commissioners
and said creditors and obligees.
The Board of Commissioners of Fire District No. 2 reserves the
right to challenge the validity of any and all debts, covenants, obligations
and/or agreements of the Borough of Buena Fire District No. 1 and
to determine whether it is truly a lawful debt, covenant, obligation
and/or agreement incurred by the Borough of Buena Fire District No.
1.
Borough of Buena Fire District No. 1 is hereby enjoined from
taking any further action without the consent of the Board of Commissioners
of Fire District No. 2, including, but not limited to, taking any
and all legal action. Simultaneously, upon the effective date of this
dissolution as set forth above, the Borough of Buena Fire District
No. 1 shall cease all operations and activities, and all operations
and activities shall be transferred to the Fire District Number Two
automatically and without further action either by the Borough of
Buena or Borough of Buena Fire District No. 1.
The Mayor, Council, Clerk, Solicitor, and other appropriate
employees and professionals of the Borough of Buena are hereby authorized
and directed to undertake any and all such acts and execute any and
all such documents as may be necessary to effectuate and accomplish
the purposes hereof. The members of Borough of Buena Fire District
No. 1, its officers, employees, and representatives are hereby authorized
and directed to undertake any and all such acts and execute any and
all such documents as may be necessary to effectuate and accomplish
the purposes hereof. The Board of Commissioners of Fire District No.
2, along with its members, officers, employees and representatives,
is hereby authorized and directed to undertake any and all such acts
and execute any and all such documents as may be necessary to effectuate
and accomplish the purposes hereof.
Pursuant to the provisions of N.J.S.A. 40A:5A-20, a copy of
this article must be forwarded to the Local Finance Board of the State
of New Jersey ("Board") for review and approval. Final adoption of
this article shall be subject to the Board’s approval. A copy
of this article as adopted shall be filed immediately with the Board
and with the Secretary of State of the State of New Jersey.
The dissolution of the Borough of Buena Fire District No. 1
shall be effective upon adoption of this article and the automatic
transfer of all assets and liabilities from Borough of Buena Fire
District No. 1 to the Board of Commissioners of Fire District No.
2, and the assumption of all duties by Fire District Number Two shall
be effective upon adoption of this article.
If any section, subsection, sentence, clause or phrase of this
article is for any reason held to be unconstitutional or invalid by
any court of competent jurisdiction, such decision shall not affect
the remaining portions of this article.
