(A) After the Agency has organized, obtained approval of the State Public Service Commission (if required), and made all necessary arrangements to assume or refinance the debts and liabilities of the existing agencies, the sanitary and combined sewer facilities of the existing agencies shall be merged into the Agency, together with all contracts, books, maps, plans, papers and records, of whatever description pertaining to or relating to the design, construction, maintenance, operation and affairs of the existing agencies, and shall thereafter be assigned, transferred and dedicated to the use of and be in possession, and under the jurisdiction, control and supervision of the Agency. The existing agencies shall also assign, transfer and convey to the Agency all property (whether real, personal or mixed), easements, equipment, inventory, accounts receivable, contracts and rights thereunder and causes of action owned by the existing agencies. The Agency shall thereafter have complete jurisdiction, control, possession and supervision, of all sanitary and combined sewer systems and facilities in the City of Paducah and the county.
(B) Upon establishment of the Agency, the Agency shall immediately make a determination of all existing assets, liabilities, easements, personnel, control, management and authority of the existing agencies to be transferred to, and become a part of, the Agency. All existing agencies are expected to cooperate fully with the Agency and each existing agency shall promptly prepare a comprehensive list of its assets, liabilities, easements and personnel.
(C) All personnel of the existing agencies shall be offered employment by the Agency, and shall retain all existing and accrued benefits, including, but not limited to, wages and/or salaries, vacations, sick leave, years of service and pension investment. All employees of the Agency shall be employees at will.
(D) At such time as the transfer of assets, liabilities, easements, personnel and authority of the existing agencies is complete, the existing agencies shall no longer retain any power or authority and shall be dissolved.
(E) In the event that the legislative bodies of the City of Paducah and the County Fiscal Court decide to dissolve the Agency, all existing assets, liabilities, easements, personnel and authority shall be distributed as stipulated in identical ordinances approved and adopted by both governing bodies.
(Ord. 98-3, passed 9-14-1998)