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ORDINANCE 2017-13 Dissolution of Parking Authority

DEFEATED: August 1, 2017

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH DISSOLVING THE PARKING AUTHORITY OF THE BOROUGH OF POINT PLEASANT BEACH, NEW JERSEY, PURSUANT TO N.J.S.A. 40A:5A-20 AND MAKING ADEQUATE PROVISION FOR THE PAYMENT OF CREDITORS OR OBLIGEES OF THE AUTHORITY AND THE ASSUMPTION OF THE SERVICES PROVIDED BY THE AUTHORITY
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WHEREAS, the Governing Body of the Borough of Point Pleasant Beach, in the County of Ocean, New Jersey (the "Borough"), created The Parking Authority of the Borough of Point Pleasant Beach, New Jersey (the “Authority") in accordance with the provisions of Chapter 198 of the Laws of 1948 of the State of New Jersey, Chapter 11A of Title 40 of the Revised Statutes of the State of New Jersey and acts amendatory thereof or supplemental thereto; and

WHEREAS, after a careful examination and analysis, the Borough has determined that it is in the best interests of the residents of the Borough and the users of the Authority’s parking facilities to dissolve the Authority, and for the Borough to assume the operation of the parking facilities; and

WHEREAS, the Authority has no outstanding debt; and

WHEREAS, the Borough desires to dissolve the Authority in accordance with and in fulfillment of the provisions of N.J.S.A. 40A:5A-20.

NOW, THEREFORE, BE IT ORDAINED, by the Borough Council of the Borough of Point Pleasant Beach, in the County of Ocean, State of New Jersey, as follows
SECTION I.
The Parking Authority of the Borough of Point Pleasant Beach, New Jersey, created by the Borough by ordinance adopted on April 8, 1958, be, and the same is, hereby dissolved, subject to the terms and conditions hereof.

SECTION II
Upon the effective date of the dissolution as set forth in Section 5 of this ordinance, all real and personal property, facilities and contracts of the Authority, and all monies and funds held by or for the Authority shall be deemed transferred to and become the property of the Borough. The existing officers of the Authority are hereby authorized and directed to execute any documents or instruments necessary to transfer legal title to all real property, personal property, facilities, contracts and monies and funds to the Borough upon the effective date of the dissolution herein, notwithstanding the dissolution of the Authority. All documents and records of the Authority shall be delivered to the Borough Clerk prior to the effective date of the dissolution.
SECTION III.
Upon the effective date of the dissolution as set forth in Section 5 of this ordinance, the Borough shall assume all legal obligations to pay all existing and outstanding creditors and obligees of the Authority.

SECTION IV.

Upon the effective date of the dissolution as set forth in Section 5 of this ordinance, the Borough shall own and operate the parking facilities previously owned by the Authority. The Borough shall amend its ordinances to effectuate the operation of said facilities. Upon the effective date of the dissolution as set forth in Section 5 of this ordinance, the Borough shall assume the operation of the services previously provided by the Authority, which services are necessary for the health, safety and welfare of the recipients of those services.

SECTION V.
The dissolution of the Authority shall take effect immediately with the transfer of all funds from the Authority to the Borough.

SECTION VI.
So as to provide for an orderly transition of the services provided by the Authority, the ordinance creating the Authority is hereby amended to provide that the Authority shall not be authorized to issue or authorize any obligations, to approve or enter into any contracts or to take any other actions which may impair or affect the Borough’s operation of the parking facilities without the prior consent of the Borough as evidenced by the written approval of the Mayor or the Borough Administrator or a resolution of the Borough Council; provided, however, that the Authority may pay its legally due debts and bills incurred in the ordinary course without the prior consent of the Borough.

SECTION VII.
The Borough shall prepare a closing audit of the Authority after the dissolution of the Authority is effectuated. Additionally, the members of the Borough Council, the Mayor, Borough Administrator, Chief Financial Officer, Borough Clerk and other employees, as directed by the Borough Administrator and/or the Mayor, are hereby authorized and directed to take any and all steps necessary to effectuate the purposes of this ordinance. The members of the Authority, its officers, employees, engineer and counsel are hereby authorized and directed to take all steps necessary to effectuate the purposes of this ordinance.

SECTION VIII.
This ordinance shall be submitted to and approved by the Local Finance Board of the State of New Jersey prior to final adoption in accordance with the requirements of N.J.S.A. 40A:5A-20 and the final adoption of this ordinance by the Borough shall represent conclusive proof of the fact that this ordinance has received the approval of the Local Finance Board. Immediately upon adoption of this ordinance, this ordinance shall be filed with the Local Finance Board and with the Secretary of State of New Jersey, in accordance with N.J.S.A. 40A:5A-20.

SECTION IX.

All ordinances or parts thereof, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of their inconsistencies.

SECTION X.

In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.


SECTION XI.
This Ordinance shall take effect immediately upon its final passage and publication as required by law.


Approved this ___ day of ________, 2017:


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Borough of Point Pleasant Beach
Stephen D. Reid, Mayor





NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and approved on first reading at the regular meeting of the Governing Body of the Borough of Point Pleasant Beach, in the County of Ocean, held on the 30th day of May, 2017 and will be considered for second reading and final passage at the regular meeting of said Governing Body to be held on the 1st day of August, 2017 at 7:30 p.m. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey, at which time and place any person desiring to be heard will be given an opportunity to be so heard.

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EILEEN FARRELL, RMC
Municipal Clerk


Published May31, 2017 | New Ordinances | 2576


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