13-1223.   Same; powers and duties of board; purchasing agent, powersand duties; governing body of city, powers and duties; ability to sue andbe sued; personal liability of member or employee of board.The board of public utilities shall have exclusive control of the dailyoperation of the water plant and the electric-light plant andshall be charged with theduty of producing and supplying the city and its inhabitants with waterand electric energy for domestic and industrial purposes and for publicuse in the city, and subject to the provisions of K.S.A. 66-104 and 66-131,may sell and dispose of any surplus outside ofthe city. Except for attorneys, it shall have power to hire and discharge all employees,agents and officers of the water and light departments and fix theircompensation. The board may pay thecost of group hospitalization, surgical benefits, and insurance for itsemployees. The purchasing agent for the board shall purchase all supplies andmake all contracts for services and equipment required by the board orany department thereof, and shall keep true and accurate records of allsuch purchases and contracts. The purchasing agent shall makemonthly reports to the board of all purchases made or contracts entered,and for which department such were made. Prior to making a purchase of a commodity other than fuel orentering into a contract for supplies or services, either of which involvesan expenditure of more than ten thousand dollars, the purchasing agent shalladvertise for bids thereon in adaily newspaper designated by the board. No advertisement forbids shall be required in the event of an emergencyor for services requiring specialized products or skills.

      The board may in the name of and on behalf of the city take and hold by purchase,gift, devise, bequest or otherwise such franchises and real or personalproperty either within or without the city as may be necessaryor convenient to carry out thepurposes for which it isestablished but no real property or improvements thereon shall be sold bythe board unless such sale is approved by the governing body of the city.

      It shall be the duty of the governing body of the city when requestedby the board to enact such ordinances as may bedeemed necessary by the city for the protection of the water and light plants, andto institute condemnation proceedings whenever, in the judgment of the city,private property should be taken in the nameof the city for water plant or electric-light plant purposes. Both theboard and the city may establish all reasonable rulesand regulationsto protect the rights and property vested in the city and under controlof the board. Both the board and the city may issue vouchers orwarrants in payment of all claimsand accounts incurred by the board for the respective departments,which vouchers or warrants when approved by either the board or thecity shall be authorityto the city treasurer acting in the capacity of the ex officio treasurerof the board to pay and charge the same against the properfunds. The board also shall have such other powersas may be necessary for theproper discharge of its duties.

      The board may sue and be sued but only in the name of and on behalf ofthe city except it shall have no standing in any court as a party plaintiffin any litigation against the city.

      The board or any employee of the board shall be personally liable forany expenditure or loss incurred by the city through failure or refusalof the board, or such employee, to comply with any ordinance adopted bysuch city under authority granted by this act, or the act of which thissection is amendatory.

      History:   L. 1929, ch. 126, § 4; L. 1967, ch. 105, § 1; L.1968, ch. 333, § 5; L. 1977, ch. 66, § 3; L. 1980, ch. 72, § 3; April 14.