19-3552.   Powers of governing body.For the purpose of providing a water supply or other services to theparticipating publicagencies the governing body of the district shall have the following powers,authorities and privileges:

      (1)   To accept by gift or grant from any person, firm, corporation, trustor foundation, or from this state or any other state or any politicalsubdivisionor municipality thereof, or from the United States, any funds or propertyor any interest therein for the uses and purposes of the district and tohold title thereto in trust or otherwise and to bindthe district to apply the same according to the terms of such gift or grant;

      (2)   to sue and be sued;

      (3)   to enter into franchises,contracts and agreements with this or any other state or the United Statesor any municipality, political subdivision or district thereof, or any oftheir agencies or instrumentalities, or any public or private person,partnership,association, or corporation of this state or of any other state or the UnitedStates, and this state and any such municipality, political subdivision,district, or any of their agencies or instrumentalities, and any such publicor private person, partnership, association, or corporation is herebyauthorizedto enter into contracts and agreements with such district for any term notexceeding 40 years for the planning, development,construction,acquisition, or operation of any facility or for any service rendered to,for, or by the district;

      (4)   to borrow money and evidence the same by warrants, notes, or bondsas hereinafter provided in this act, and to refund the same by the issuanceof refunding obligations;

      (5)   to acquire land and interests in land by gift, purchase, exchangeor eminent domain, such power of eminent domain to be exercised within orwithout the boundaries of the district in accordance with provisions of K.S.A.26-501, and amendments thereto;

      (6)   to acquire by purchase or lease, construct, install, and operatereservoirs,pipelines, wells, check dams, pumping stations, water purification plants,and other facilities for the production, wholesale distribution andutilizationof water and to own and hold such real and personal property as may benecessaryto carry out the purposes of its organization;

      (7)   to provide, by contract, to participating public agencies for theconstruction, installation and operation of pipelines, wells, pumping stationsand other facilities and services relating to the distribution of water withinthe boundaries of the participating public agencies or retail distribution andutilization of water and to own and hold such real and personal property as maybe necessary in relation thereto,except that, if the contract amount forsuch services is $10,000 or more, the district shall be authorized to providesuch services only if the award of the contract is based on competitive bids;

      (8)   to provide, by contract, to participating public agencies for theoperation and maintenance of state-permitted wastewater treatmentworks, systems and other facilities and services relating to the treatment ofwastewater within the boundaries of the participating public agencies;

      (9)   to have the general management, control, andsupervision of all thebusiness, affairs, property, and facilities of the district, and of theconstruction, installation, operation, and maintenance of districtimprovements, and to establish regulations relating thereto;

      (10)   to hire and retain agents, employees, engineers andattorneys andto determine their compensation. The governing body shall select and appointa general manager of the district who shall serve at the pleasure ofthegoverning body. The general manager shall have training and experiencein the supervisionand administration of water systems and shall manage and control the watersystem under the general supervision of the governing body.All employees,servants and agents of the district shall be under the immediate control andmanagementof the general manager.The general manager shall perform all such other duties as may be prescribedby the governing body and shall give the governing body agood and sufficientsurety company bond in a sum to be set and approved by the governing bodyconditioned upon the satisfactory performance of the general manager's duties.The governing body also may require that any other employeesbe bonded insuch amount as it shall determine. The cost of such bondsshall be paid outof the funds of the district;

      (11)   to adopt and amend rules and regulations not inconflict with theconstitution and laws of this state, necessary for the carrying on of thebusiness, objects and affairs of the governing body and of the district;and

      (12)   to have and exercise all rights and powers necessaryor incidentalto or implied from the specific powers granted herein. Such specific powersshall not be considered as a limitation upon any power necessary or appropriateto carry out the purposes of this act.

      History:   L. 1977, ch. 353, § 8;L. 2000, ch. 115, § 2;L. 2002, ch. 137, § 1; July 1.