48-2336

48-2336. General powers of board

A. The board shall, for and in the name of the district:

1. Acquire in any lawful manner, lands, easements and other property, real and
personal, of every kind, necessary or required for the uses and purposes of the district.

2. Construct, maintain, operate and keep in repair all works and other property
acquired and used for any of the purposes of or owned by the district.

3. Accept appointment or other authorization and act as the agent of or otherwise
represent or act for all or any part of the owners or occupants of the land within the
district in any and all matters pertaining to the purposes of this chapter.

4. Pledge all or any portion of its income, revenue and receipts, from any source
derived, for the additional security and payment of any of its bonds and make, execute,
acknowledge and perform any and all contracts, agreements and obligations it deems
advisable for the interest of the district or to carry out or accomplish any of the
purposes authorized or permitted by this chapter.

5. For the purpose of acquiring a supply of electric power to serve the customers
within the district's service area, the board, for and in the name of the district, may
acquire, own, lease, construct, operate, equip and maintain or contract for, severally or
in common with others, electric generating and transmission facilities without the
boundaries of the state, or to contract for a supply of electric power without the
boundaries of the state. All of the powers in this paragraph 5 are subject to the
following limitations:

(a) The district may acquire, own, lease, construct, operate, equip and maintain or
contract for, severally or in common with others, transmission facilities without the
boundaries of the state.

(b) The district may acquire, own, lease, construct, operate, equip and maintain,
severally or in common with others, electric generating facilities without the boundaries
of the state if such electric generating facilities are constructed in accordance with
contracts entered into by the district prior to March 1, 1966.

(c) The district may acquire, own, lease or contract for, in common with other
electrical distributors, electric generating facilities without the boundaries of the
state if such facilities are constructed and operated by such other electrical
distributors.

(d) The district may acquire, own, lease, construct, operate, equip and maintain or
contract for, severally or in common with others, electric generating facilities without
the boundaries of the state, provided, however, at least two years prior to the
commencement of the construction thereof the district shall establish reasonable
standards and conditions for the participation by other electrical distributors in such
electric generating facilities and shall within thirty days thereafter notify by
registered mail all electrical distributors which may be able to meet such standards and
conditions. Said standards and conditions shall include ownership participation, power
requirements of the district and prospective participants, limitations concerning
geographical proximity, electric and economic feasibility, existing facilities and
reserve capabilities of participants. Such other electrical distributors who may be
interested in participating in such electric generating facilities shall be given an
opportunity to participate therein if they shall meet said reasonable standards and
conditions for participation. Said standards and conditions shall not discriminate as
between all participants. If, eighteen months prior to commencement of construction, no
electrical distributor has expressed a desire to participate in such facilities in
accordance with said standards and conditions, the district may proceed with the
construction thereof severally.

(e) The district may contract for a supply of electric power without the boundaries
of the state if the district does not acquire legal title to the electric generating
facilities from which the electric power supply contracted for is furnished.

(f) Any facilities acquired, purchased, leased, constructed, operated, equipped or
maintained by the district in accordance with the provisions of this paragraph 5 may be
financed and paid for in the same manner as other property acquired by the district is
financed.

(g) For the purpose of this paragraph 5, "electrical distributors" shall mean both
public and private electrical distributors owning directly or through its members
generation, transmission and distribution facilities.

B. For the purpose of acquiring or assuring a supply of electric power and energy
to serve the district's customers, the board, for and in the name of the district may,
without the boundaries of the state, acquire, develop, own, lease, purchase, construct,
operate, equip, maintain, repair and replace, and contract for, severally or in common
with others, any form of energy or energy resources including but not limited to coal,
oil, gas, oil shale, uranium and other nuclear materials, hot water, steam and other
geothermal materials or minerals, solar energy, wind, water and water power, and
compressed air, together with land and any interest therein and all works, processing and
transportation facilities, equipment, mechanical and chemical devices, materials and
supplies used or useful for any and all of such energy resources or energy forms. Any
such form of energy or energy resources and any works, facilities, equipment, mechanical
and chemical devices, materials and supplies, acquired, developed, purchased, leased,
constructed, operated, equipped, maintained, repaired and replaced by the district
pursuant to this paragraph may be financed and paid for in the same manner as other
property acquired by the district is financed.