§ 46-25.1-1. Merger — Effective date — Transfer of assets and assumption of liabilities.
(a) Subject to the approval of the Narragansett Bay water quality management district commission, the Blackstone Valley district commission shall be merged with and into the Narragansett Bay water quality management district commission. Upon such merger, the Blackstone Valley district commission shall cease to exist; provided, however, that all actions shall be taken which are necessary to preserve any federal funds or federal assistance currently available or expected to become available to the Blackstone Valley district commission and all actions shall be taken which are necessary to preserve any available funds of the state currently available or expected to become available to the Blackstone Valley district commission for tort liability for acts occurring on or prior to the effective date of the merger. In addition, the resulting, surviving entity shall be eligible to receive the proceeds of any bonds or notes issued pursuant to chapter 289 of the public laws of 1986, chapter 1837 of the public laws of 1947, as amended by chapter 2515 of the public laws of 1950, as amended by chapter 2966 of the public laws of 1952, as amended by chapter 267 of the public laws of 1966 and as amended by chapter 92 of public laws of 1971, and/or chapter 434 of the public laws of 1990. The existence of the Narragansett Bay water quality management district commission shall continue unaffected and unimpaired by said merger, and the Narragansett Bay water quality management district shall continue to be governed by chapter 25 of this title.
(b) The Blackstone Valley district commission is hereby authorized to and shall pass such resolutions, enter into such agreements and do all things deemed useful and necessary by it to effectuate the merger; and the Narragansett Bay water quality management district commission is hereby authorized and may pass such resolutions, enter into such agreements and do all things useful and necessary by it to effectuate the merger.
(c) The merger shall be effective no later than December 31, 1991; provided, however, that in its sole discretion the Narragansett Bay water quality management district commission may extend the effective date of the merger up to and including June 30, 1992. Upon completion, the merger shall be certified to the secretary of state by the executive director of the Narragansett Bay water quality management district commission.
(d) Upon the merger of the Blackstone Valley district commission and the Narragansett Bay water quality management district commission, the Narragansett Bay water quality management district commission shall assume responsibility for the planning, construction, operation and maintenance of combined sewer overflow facilities and appropriate facilities for dealing with the sewage and industrial wastes originating in the municipalities and industries located in the Blackstone and Moshassuck Valleys and discharged into the waters of the state.
(e)(1) On the date of the merger, all property, real, personal and mixed, and all debts due on whatever account, and all other choses in action, including, but not limited to, any enterprise fund held by the state for the benefit of the Blackstone Valley district commission, and all and every other interest of or belonging to or due to the Blackstone Valley district commission, shall be taken and deemed to be transferred to and vested in the Narragansett Bay water quality management district commission without further act or deed; all persons employed by the Blackstone Valley district commission on the date of the merger shall be deemed employees of the Narragansett Bay water quality management district commission; and the title to any real estate, or any interest therein, vested in the Blackstone Valley district commission shall not revert or be in any way impaired by reason of the merger.
(2) The Narragansett Bay water quality management district commission shall also be responsible and liable for all the liabilities and obligations of the Blackstone Valley district commission; and any claim existing or action or proceeding pending by or against the Blackstone Valley district commission may be prosecuted as if the merger had not taken place, or the Narragansett Bay water quality management district commission may be substituted in its place. Neither the rights of creditors nor any liens upon the property of the Blackstone Valley district commission shall be impaired by the merger. The merger as provided for herein shall not impair the obligation of any contract or agreement or alter existing bargaining units nor abate any suit, action or other proceeding lawfully commenced by or against the Blackstone Valley district commission, or any of its commissioners in relation to the discharge of their official duties, but a court of competent jurisdiction may, on motion filed within twelve (12) months after the effective date of the merger, allow such a suit, action or proceeding to be maintained by or against the Narragansett Bay water quality management district commission or any of its commissioners in relation to the discharge of their official duties.
(3) Upon completion of the merger, all user charges, fees or rates assessed by the Narragansett Bay water quality management district commission as a result of the merger shall be subject to the approval of the public utilities commission.
(f) Upon completion of the merger, as certified to the secretary of state by the executive director of the Narragansett Bay water quality management district commission, chapter 21 of this title entitled, “Blackstone Valley sewer district” shall be repealed in its entirety.
History of Section.P.L. 1991, ch. 309, § 2; P.L. 2007, ch. 340, § 60.
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