§ 46-25.2-1 Merger – Effective date– Transfer of assets and assumption of liabilities. – (a) Subject to the agreement of the Narragansett Bay water quality managementdistrict commission and a city, town or district, the sewage treatmentfacilities of such city, town, or district may be merged with and into theNarragansett Bay water quality management district commission or acquired bythe Narragansett Bay water quality management district commission; provided,however, the acquisition of any sewage treatment facility requires the approvalof the city or town council in the municipality where the facility is located.Upon the merger or acquisition, the district or any commission or othergoverning authority established by such city or town or the state to manage andoperate the sewage treatment facilities shall cease to have control andauthority over the facilities acquired; provided, however, that all actionsshall be taken which are necessary to preserve any federal funds or federalassistance currently available to or expected to become available to the city,town, or district for sewage treatment facilities. The existence of theNarragansett Bay water quality management district commission shall continueunaffected and unimpaired by said merger or acquisition, and the NarragansettBay water quality management district commission shall continue to be governedby chapter 25 of this title.
(b) The district, the city or town and any commission orgoverning authority established by the city or town or the state to manage andoperate the sewage treatment facilities are hereby authorized to and may passsuch resolutions, enter into such agreements and do all things deemed usefuland necessary by it to effectuate the merger or acquisition; and theNarragansett Bay water quality management district commission is herebyauthorized and may pass such resolutions, enter into such agreements and do allthings useful and necessary by it to effectuate the merger or acquisition.
(c) Upon completion, the merger or acquisition shall becertified to the secretary of state by the executive director of theNarragansett Bay water quality management district commission.
(d) In accordance with the terms of the merger or acquisitionagreement, on the effective date of the merger or acquisition, all property,real, personal, and mixed, and all debts due on whatever account, all otherchoses in action, and all and every other interest of or belonging to or due tothe district or city or town related to the sewage treatment facilities, shall,unless otherwise agreed to, be taken and deemed to be transferred to and vestedin the Narragansett Bay water quality management district commission withoutfurther act or deed; all persons employed by the district or city or townrelated to the sewage treatment facilities on the date of the merger oracquisition may be deemed employees of the Narragansett Bay water qualitymanagement district commission; and the title to any real estate, or anyinterest therein, vested in the district or city or town related to the sewagetreatment facilities shall not revert or be in any way impaired by reason ofthe merger or acquisition.
(2) In accordance with the terms of the merger or acquisitionagreement, the Narragansett Bay water quality management district commissionshall, unless otherwise agreed to, also be responsible and liable for all theliabilities and obligations of the district or city or town related to suchsewage treatment facilities; and any claim existing or action or proceedingpending by or against the district or city or town related to such sewagetreatment facilities shall be prosecuted as if the merger or acquisition hadnot taken place. Neither the rights of creditors nor any liens upon theproperty of the district or city or town related to such sewage treatmentfacilities shall be impaired by the merger or acquisition. The merger oracquisition as provided for herein shall not impair the obligation of anycontract or agreement nor abate any suit, action, or other proceeding lawfullycommenced by or against the district or city or town related to the sewagetreatment facilities, or any of its members or officers in relation to thedischarge of their official duties, but a court of competent jurisdiction may,on motion filed within twelve (12) months after the effective date of themerger or acquisition, allow such a suit, action, or proceeding to bemaintained by or against the Narragansett Bay water quality management districtcommission or any of its commissioners in relation to the discharge of theirofficial duties.
(3) Upon a merger or acquisition as provided herein, shouldthe employees of the merged facility ( "merged employees" ) have beenrepresented by a local, subsidiary or affiliate labor organization of one ofthe parent labor organizations already representing Narragansett Bay waterquality management district commission employees, then the merged employeesshall be eligible, if appropriate, for accretion into the existing local,subsidiary or affiliate of the Narragansett Bay water quality managementdistrict commission employees; and provided further, the Narragansett Bay waterquality management district commission shall have no obligation to recognize orbargain with any labor organization which had represented the merged employeeswhen they were employed by the merged facility.
(e) Upon completion of the acquisition, merger, orconsolidation, the district or any commission or other governing authorityestablished by a city or town or the state to manage and operate the sewagetreatment facilities shall cease to have control and authority over thefacilities acquired and any ordinance, charter provision, public law, generallaw, or bylaw governing the district's, commission's or governing authority'scontrol over the facilities acquired shall be repealed in its entirety.
(f) Subject to the terms of the merger or acquisitionagreement employees of the sewage treatment facility, district, commission, orother governing authority who subsequently become employees of the NarragansettBay water quality management district commission as a result of theacquisition, merger or consolidation, shall be subject to the provisions of§§ 46-25-8 and 36-9-36, and may be able to utilize their term ofservice with the sewage treatment facility, district, commission, or othergoverning authority, as determined by the executive director, for the purposesof longevity computation as it applies to wages, vacation time, and longevityincreases. Provided, however, accrued vacation, sick leave, and all otherbenefits with the municipality, sewage treatment facility, district, or othergoverning authority may be transferred.
(g) Any sewer use fees, charges, and assessments in effectprior to the merger or acquisition shall remain in effect and may be assessedand collected by the commission in accordance with §§ 46-25-5(9),46-25-5(10), 46-25-21, 46-25-22 and 46-25-22.1. Any change in the sewer usefees, charges and assessments shall be subject to the approval of the publicutilities commission.
§ 46-25.2-1 Merger – Effective date– Transfer of assets and assumption of liabilities. – (a) Subject to the agreement of the Narragansett Bay water quality managementdistrict commission and a city, town or district, the sewage treatmentfacilities of such city, town, or district may be merged with and into theNarragansett Bay water quality management district commission or acquired bythe Narragansett Bay water quality management district commission; provided,however, the acquisition of any sewage treatment facility requires the approvalof the city or town council in the municipality where the facility is located.Upon the merger or acquisition, the district or any commission or othergoverning authority established by such city or town or the state to manage andoperate the sewage treatment facilities shall cease to have control andauthority over the facilities acquired; provided, however, that all actionsshall be taken which are necessary to preserve any federal funds or federalassistance currently available to or expected to become available to the city,town, or district for sewage treatment facilities. The existence of theNarragansett Bay water quality management district commission shall continueunaffected and unimpaired by said merger or acquisition, and the NarragansettBay water quality management district commission shall continue to be governedby chapter 25 of this title.
(b) The district, the city or town and any commission orgoverning authority established by the city or town or the state to manage andoperate the sewage treatment facilities are hereby authorized to and may passsuch resolutions, enter into such agreements and do all things deemed usefuland necessary by it to effectuate the merger or acquisition; and theNarragansett Bay water quality management district commission is herebyauthorized and may pass such resolutions, enter into such agreements and do allthings useful and necessary by it to effectuate the merger or acquisition.
(c) Upon completion, the merger or acquisition shall becertified to the secretary of state by the executive director of theNarragansett Bay water quality management district commission.
(d) In accordance with the terms of the merger or acquisitionagreement, on the effective date of the merger or acquisition, all property,real, personal, and mixed, and all debts due on whatever account, all otherchoses in action, and all and every other interest of or belonging to or due tothe district or city or town related to the sewage treatment facilities, shall,unless otherwise agreed to, be taken and deemed to be transferred to and vestedin the Narragansett Bay water quality management district commission withoutfurther act or deed; all persons employed by the district or city or townrelated to the sewage treatment facilities on the date of the merger oracquisition may be deemed employees of the Narragansett Bay water qualitymanagement district commission; and the title to any real estate, or anyinterest therein, vested in the district or city or town related to the sewagetreatment facilities shall not revert or be in any way impaired by reason ofthe merger or acquisition.
(2) In accordance with the terms of the merger or acquisitionagreement, the Narragansett Bay water quality management district commissionshall, unless otherwise agreed to, also be responsible and liable for all theliabilities and obligations of the district or city or town related to suchsewage treatment facilities; and any claim existing or action or proceedingpending by or against the district or city or town related to such sewagetreatment facilities shall be prosecuted as if the merger or acquisition hadnot taken place. Neither the rights of creditors nor any liens upon theproperty of the district or city or town related to such sewage treatmentfacilities shall be impaired by the merger or acquisition. The merger oracquisition as provided for herein shall not impair the obligation of anycontract or agreement nor abate any suit, action, or other proceeding lawfullycommenced by or against the district or city or town related to the sewagetreatment facilities, or any of its members or officers in relation to thedischarge of their official duties, but a court of competent jurisdiction may,on motion filed within twelve (12) months after the effective date of themerger or acquisition, allow such a suit, action, or proceeding to bemaintained by or against the Narragansett Bay water quality management districtcommission or any of its commissioners in relation to the discharge of theirofficial duties.
(3) Upon a merger or acquisition as provided herein, shouldthe employees of the merged facility ( "merged employees" ) have beenrepresented by a local, subsidiary or affiliate labor organization of one ofthe parent labor organizations already representing Narragansett Bay waterquality management district commission employees, then the merged employeesshall be eligible, if appropriate, for accretion into the existing local,subsidiary or affiliate of the Narragansett Bay water quality managementdistrict commission employees; and provided further, the Narragansett Bay waterquality management district commission shall have no obligation to recognize orbargain with any labor organization which had represented the merged employeeswhen they were employed by the merged facility.
(e) Upon completion of the acquisition, merger, orconsolidation, the district or any commission or other governing authorityestablished by a city or town or the state to manage and operate the sewagetreatment facilities shall cease to have control and authority over thefacilities acquired and any ordinance, charter provision, public law, generallaw, or bylaw governing the district's, commission's or governing authority'scontrol over the facilities acquired shall be repealed in its entirety.
(f) Subject to the terms of the merger or acquisitionagreement employees of the sewage treatment facility, district, commission, orother governing authority who subsequently become employees of the NarragansettBay water quality management district commission as a result of theacquisition, merger or consolidation, shall be subject to the provisions of§§ 46-25-8 and 36-9-36, and may be able to utilize their term ofservice with the sewage treatment facility, district, commission, or othergoverning authority, as determined by the executive director, for the purposesof longevity computation as it applies to wages, vacation time, and longevityincreases. Provided, however, accrued vacation, sick leave, and all otherbenefits with the municipality, sewage treatment facility, district, or othergoverning authority may be transferred.
(g) Any sewer use fees, charges, and assessments in effectprior to the merger or acquisition shall remain in effect and may be assessedand collected by the commission in accordance with §§ 46-25-5(9),46-25-5(10), 46-25-21, 46-25-22 and 46-25-22.1. Any change in the sewer usefees, charges and assessments shall be subject to the approval of the publicutilities commission.
§ 46-25.2-1 Merger – Effective date– Transfer of assets and assumption of liabilities. – (a) Subject to the agreement of the Narragansett Bay water quality managementdistrict commission and a city, town or district, the sewage treatmentfacilities of such city, town, or district may be merged with and into theNarragansett Bay water quality management district commission or acquired bythe Narragansett Bay water quality management district commission; provided,however, the acquisition of any sewage treatment facility requires the approvalof the city or town council in the municipality where the facility is located.Upon the merger or acquisition, the district or any commission or othergoverning authority established by such city or town or the state to manage andoperate the sewage treatment facilities shall cease to have control andauthority over the facilities acquired; provided, however, that all actionsshall be taken which are necessary to preserve any federal funds or federalassistance currently available to or expected to become available to the city,town, or district for sewage treatment facilities. The existence of theNarragansett Bay water quality management district commission shall continueunaffected and unimpaired by said merger or acquisition, and the NarragansettBay water quality management district commission shall continue to be governedby chapter 25 of this title.
(b) The district, the city or town and any commission orgoverning authority established by the city or town or the state to manage andoperate the sewage treatment facilities are hereby authorized to and may passsuch resolutions, enter into such agreements and do all things deemed usefuland necessary by it to effectuate the merger or acquisition; and theNarragansett Bay water quality management district commission is herebyauthorized and may pass such resolutions, enter into such agreements and do allthings useful and necessary by it to effectuate the merger or acquisition.
(c) Upon completion, the merger or acquisition shall becertified to the secretary of state by the executive director of theNarragansett Bay water quality management district commission.
(d) In accordance with the terms of the merger or acquisitionagreement, on the effective date of the merger or acquisition, all property,real, personal, and mixed, and all debts due on whatever account, all otherchoses in action, and all and every other interest of or belonging to or due tothe district or city or town related to the sewage treatment facilities, shall,unless otherwise agreed to, be taken and deemed to be transferred to and vestedin the Narragansett Bay water quality management district commission withoutfurther act or deed; all persons employed by the district or city or townrelated to the sewage treatment facilities on the date of the merger oracquisition may be deemed employees of the Narragansett Bay water qualitymanagement district commission; and the title to any real estate, or anyinterest therein, vested in the district or city or town related to the sewagetreatment facilities shall not revert or be in any way impaired by reason ofthe merger or acquisition.
(2) In accordance with the terms of the merger or acquisitionagreement, the Narragansett Bay water quality management district commissionshall, unless otherwise agreed to, also be responsible and liable for all theliabilities and obligations of the district or city or town related to suchsewage treatment facilities; and any claim existing or action or proceedingpending by or against the district or city or town related to such sewagetreatment facilities shall be prosecuted as if the merger or acquisition hadnot taken place. Neither the rights of creditors nor any liens upon theproperty of the district or city or town related to such sewage treatmentfacilities shall be impaired by the merger or acquisition. The merger oracquisition as provided for herein shall not impair the obligation of anycontract or agreement nor abate any suit, action, or other proceeding lawfullycommenced by or against the district or city or town related to the sewagetreatment facilities, or any of its members or officers in relation to thedischarge of their official duties, but a court of competent jurisdiction may,on motion filed within twelve (12) months after the effective date of themerger or acquisition, allow such a suit, action, or proceeding to bemaintained by or against the Narragansett Bay water quality management districtcommission or any of its commissioners in relation to the discharge of theirofficial duties.
(3) Upon a merger or acquisition as provided herein, shouldthe employees of the merged facility ( "merged employees" ) have beenrepresented by a local, subsidiary or affiliate labor organization of one ofthe parent labor organizations already representing Narragansett Bay waterquality management district commission employees, then the merged employeesshall be eligible, if appropriate, for accretion into the existing local,subsidiary or affiliate of the Narragansett Bay water quality managementdistrict commission employees; and provided further, the Narragansett Bay waterquality management district commission shall have no obligation to recognize orbargain with any labor organization which had represented the merged employeeswhen they were employed by the merged facility.
(e) Upon completion of the acquisition, merger, orconsolidation, the district or any commission or other governing authorityestablished by a city or town or the state to manage and operate the sewagetreatment facilities shall cease to have control and authority over thefacilities acquired and any ordinance, charter provision, public law, generallaw, or bylaw governing the district's, commission's or governing authority'scontrol over the facilities acquired shall be repealed in its entirety.
(f) Subject to the terms of the merger or acquisitionagreement employees of the sewage treatment facility, district, commission, orother governing authority who subsequently become employees of the NarragansettBay water quality management district commission as a result of theacquisition, merger or consolidation, shall be subject to the provisions of§§ 46-25-8 and 36-9-36, and may be able to utilize their term ofservice with the sewage treatment facility, district, commission, or othergoverning authority, as determined by the executive director, for the purposesof longevity computation as it applies to wages, vacation time, and longevityincreases. Provided, however, accrued vacation, sick leave, and all otherbenefits with the municipality, sewage treatment facility, district, or othergoverning authority may be transferred.
(g) Any sewer use fees, charges, and assessments in effectprior to the merger or acquisition shall remain in effect and may be assessedand collected by the commission in accordance with §§ 46-25-5(9),46-25-5(10), 46-25-21, 46-25-22 and 46-25-22.1. Any change in the sewer usefees, charges and assessments shall be subject to the approval of the publicutilities commission.
