106.210 Powers and functions of water district commissioners and city legislative bodies. - Kentucky Statutes

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106.210 Powers and functions of water district commissioners and city legislative bodies. Except as otherwise specifically provided in this chapter the water district commissioners
of the water district and the legislative body of the municipalities shall exercise all
powers conferred by virtue of this chapter. Any board operating under the provisions of
this chapter shall have the legal power and capacity to perform any act not repugnant to
law and shall have the express power and capacity to do any and all acts or things
necessary or convenient for the carrying out of the purposes of this chapter, including but
not by way of limitation, the following express powers:
(1) Acquire, hold and dispose of property, real and personal, tangible and intangible, necessary or incident to the proper conduct of its business; (2) Construct, acquire, own, lease, operate, maintain and improve plants or works for the production, pumping, filtration, treatment, distribution or sale of water and may
provide water service to any user or consumer within and without the boundaries of
said water district or municipality and may charge and collect reasonable rates
therefor; (3) Construct, own, lease, rent, operate and control any and all works, buildings, facilities and equipment across, along, or under any street or public highway, and
over any lands which are now or may be the property of the Commonwealth of
Kentucky or of any county or municipality within this Commonwealth. The water
district or municipality shall, however, at its own expense, restore any such street or
highway to its former condition and state as nearly as may be possible and shall not
use the same in a manner as to impair its usefulness or to interfere with or obstruct
the maintenance thereof. Before exercising these powers the board shall obtain a
permit or consent or approval in writing from the governing authority of the
municipality, or the fiscal court, or the Department of Highways having appropriate
jurisdiction over any and all of such respective streets or public highways; (4) Accept gifts, grants of property, real or personal, including money, from any person, municipality, or federal agency, or both, and to accept voluntary and uncompensated
services; Provided, however, that when engineering services are required by any
water district or municipality to render any services authorized or required or
incident to surveys, plans, estimates of cost, or the valuation of property, or in the
preparation of reports authorized by this chapter, no engineer who is engaged in
whole or in part in the business of buying or selling any waterworks or water
distribution system equipment, machinery, fixtures, materials, supplies, or the sale
or purchase of bonds shall be eligible for employment or for any services
whatsoever under the provisions of this chapter. The limitations hereinabove
provided shall also apply to any firm of engineers and to any member of any firm of
engineers, if the firm or member of the firm is engaged in whole or in part in the
business of buying or selling any waterworks or water distribution system
machinery, equipment, fixtures, materials, supplies, or the sale or purchase of
bonds; and no such firm or member of such firm shall be eligible for employment or
for any service whatsoever under the provisions of this chapter. Provided, further,
that the provisions of this chapter shall not be construed to prohibit the board or the governing authority of any water district or municipality from obtaining the advice
or services of any engineer in the regular employment of the state or any federal
governmental agency; (5) Contract debts and borrow money for the acquisition or improvement of any water plant and appurtenances thereto, issue bonds to finance such acquisition or
improvement, provide for the rights of holders of the bonds and to secure the bonds
as hereinafter provided, and pledge all or any of the net revenues derived from sale
of water to the payment of such debts or repayment of money borrowed; (6) Acquire, hold, and, subject to the provisions of this chapter, and the applicable provisions of any bonds or contracts, dispose of any property, real or personal,
tangible or intangible, or any right or interest in any such property in connection
with any water plant and appurtenances thereto and whether or not subject to
mortgages, liens, charges, or other encumbrances, subject to the provisions and
requirements of this chapter; (7) Make contracts and execute instruments containing such covenants, terms, and conditions as in the discretion of the board may be necessary, proper, or advisable
for the purpose of obtaining loans from any source, or grants, loans or other
financial assistance from any governmental agency, including, but without
limitation, covenants, terms, and conditions with respect to the acquisition or
construction of any water plant and appurtenances thereto or any improvement
thereto with money in whole or in part borrowed from or granted by any
governmental agency; make all other contracts and execute all other instruments as
in the discretion of the board may be advisable in or for the furtherance of the
acquisition, improvement, operation and maintenance of any water plant and
appurtenances thereto and the furnishing of water service; and carry out and
perform the covenants, terms, and conditions of all such contracts or instruments; (8) Enter on any lands, waters and premises for the purpose of making surveys, soundings and examinations in connection with the acquisition, improvements,
operation or maintenance of any water plant and appurtenances thereto and the
furnishing of water service; (9) Do all acts and things necessary or convenient to carry out the powers expressly given in this chapter; (10) Make any contracts necessary or convenient for the full exercise of the powers herein granted, including, but not limited to, contracts for either the purchase or sale
or both the purchase and sale of water and contracts for the acquisition or
improvement of all or any part of a water plant and appurtenances thereto; and in
connection with any such contract with a governmental agency, the board may
stipulate and agree to such covenants, terms, and conditions as the governing body
deems appropriate including, but without limitation, covenants, terms and
conditions with respect to the resale rates, financial and accounting methods and the
manner of disposing of the revenue of the water plant and appurtenances thereto
conducted and operated by the board. Effective: June 17, 1954
History: Created 1954 Ky. Acts ch. 18, sec. 21, effective June 17, 1954.