17-4604

Chapter 17.--CORPORATIONS
Article 46.--ELECTRIC COOPERATIVE, NONPROFIT, MEMBERSHIP CORPORATIONS

      17-4604.   Powers.In addition to the powers conferred on all corporations under article 61of chapter 17 of the Kansas Statutes Annotated, a cooperative shall have power to:

      (a)   Sue and be sued in its corporate name;

      (b)   have perpetual existence;

      (c)   adopt a corporate seal and alter the same;

      (d)   generate, manufacture, purchase, acquire, accumulate andtransmit electric energy, and to distribute, sell, supply, and disposeof electric energy to its members, and to governmental agencies,political subdivisions, and to other persons, who are not receivingcentral station service from facilities of existing public utilities;

      (e)   assist its members, governmental agencies, political subdivisionsand other persons to whom electric energy or other services are or will besupplied by the cooperative, in wiring their premises and in acquiring,installing and financing electrical and plumbing appliances, equipment,fixtures and apparatus and such corporations may purchase, acquire, leaseas lessor or lessee and sell electric and plumbing appliances, equipment,fixtures and apparatus also including, but not limited to, electricalequipment or systems which produce or convert energy or cause moreefficient utilization of energy;

      (f)   construct, purchase, lease, and to equip, maintain andoperate, and to sell, assign, convey, lease, mortgage, pledge orencumber electric transmission and distribution lines or systems,electric generating plants, and lands, buildings, structures, dams,easements and rights-of-way, equipment, and any other real or personalproperty, tangible or intangible, necessary to accomplish the purposefor which the cooperative may be organized hereunder;

      (g)   purchase, lease as lessee, or otherwise acquire, and to use,and exercise and to sell, assign, convey, mortgage, pledge or otherwisedispose of or encumber, franchises, rights, privileges, licenses andeasements;

      (h)   borrow money and otherwise contract indebtedness, and toissue notes, bonds, and other evidences of indebtedness, and to securethe payment thereof by mortgage, pledge, or deed of trust of, or anyother encumbrance upon, any or all of its then-owned or after-acquiredreal or personal property, assets, franchises, revenues or income;

      (i)   construct, maintain and operate electric transmission anddistribution lines along, upon, under and across publicly owned landsand public thoroughfares, roads, highways, streets, alleys, bridges andcauseways in conformity with the laws of the state of Kansas;

      (j)   exercise the power of eminent domain in the manner providedby the laws of this state for the exercise of such power by othercorporations constructing or operating electric transmission anddistribution lines or systems;

      (k)   become an incorporator, promoter, manager,member, stockholder or owner of other corporations or cooperatives, and conduct itsbusiness and exercise its powers within this state and to participatewith other persons in any corporation, cooperative, partnership, limitedpartnership, joint venture or other association of any kind, or in anytransaction, undertaking or arrangement which the participating personwould have power to conduct by itself, whether or not such participationinvolves sharing or delegation of control with or to others;

      (l)   adopt, amend and repeal bylaws; and

      (m)   do and perform any other acts and things, and to have andexercise any other powers which may be necessary, to accomplish thepurpose for which the cooperative is organized.

      History:   L. 1941, ch. 185, § 4; L. 1978, ch. 81, § 1;L. 1986, ch. 92, § 2; July 1.