[Adopted 9-25-2023 by Ord. No. 726]
Borough of Buena Fire District No. 2 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. 2 are hereby terminated.
All real and personal property owned or titled in the name of Borough of Buena Fire District No. 2 or the Commissioners thereof, including all cash assets, shall become the assets of the Borough of Buena.
Borough of Buena shall be responsible for the payment of lawful debts and obligations of the Borough of Buena Fire District No. 2 including therewith the continuation of all agreements with Minotola Fire Company to provide fire suppression and prevention services for the Borough of Buena as has been provided through the Commissioners of the Buena Fire District No. 2.
Minotola Fire Company shall be recognized as such fire company assigned to the duty of extinguishing fires within the Borough of Buena under such terms and conditions as shall be deemed proper, including financing by the Borough of Buena for such equipment and training necessary to adequately provide for fire suppression and prevention within the Borough of Buena and for such other related obligations including mutual aid to adjacent municipalities. In the event Minotola Fire Company is unable or unwilling to continue providing such services, the Borough shall continue to utilize mutual aide with the assistance of the State of New Jersey, Department of Community Affairs, Fire Safety, Shore Region Fire Coordinator, pending an agreement with an existing or new fire company in accordance with N.J.S.A. 40A:14-68.
Upon the effective date of this article, the Borough of Buena Fire District No. 2 shall cease all operations and activities and all operations and activities shall be transferred to the governing body automatically and without further action either by the Borough of Buena or Buena Fire District No. 2.
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 New Jersey.
The dissolution of the Borough of Buena Fire District No. 2 shall be effective upon adoption of this article and the automatic transfer of all assets and liabilities from Borough of Buena Fire District No. 2 to the Borough of Buena and the assumption of all duties by Fire District No. 2 and the Commissioners thereof shall be effective upon adoption of this article.
Should any section, subsection or phrase of this article is held to be unconstitutional or invalid by any Court of competent jurisdiction, such decision shall not affect the remaining portions of this article.
All ordinances or portions thereof that are inconsistent with the provisions of this article are hereby repealed to the extent of such inconsistency.
This article shall take effect upon passage and publication as required by law and upon approval by the Local Finance Board.