PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS
Article 12.--PUBLIC UTILITIES
13-1223.Same; powers and duties of board; purchasing agent, powers
and duties; governing body of city, powers and duties; ability to sue and
be sued; personal liability of member or employee of board.
The board of public utilities shall have exclusive control of the daily
operation of the water plant and the electric-light plant and
shall be charged with the
duty of producing and supplying the city and its inhabitants with water
and electric energy for domestic and industrial purposes and for public
use 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 of
the 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 their
compensation. The board may pay the
cost of group hospitalization, surgical benefits, and insurance for its
employees. The purchasing agent for the board shall purchase all supplies and
make all contracts for services and equipment required by the board or
any department thereof, and shall keep true and accurate records of all
such purchases and contracts. The purchasing agent shall make
monthly 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 or
entering into a contract for supplies or services, either of which involves
an expenditure of more than ten thousand dollars, the purchasing agent shall
advertise for bids thereon in a
daily newspaper designated by the board. No advertisement for
bids shall be required in the event of an emergency
or 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 personal
property either within or without the city as may be necessary
or convenient to carry out the
purposes for which it is
established but no real property or improvements thereon shall be sold by
the 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 requested
by the board to enact such ordinances as may be
deemed necessary by the city for the protection of the water and light plants, and
to institute condemnation proceedings whenever, in the judgment of the city,
private property should be taken in the name
of the city for water plant or electric-light plant purposes. Both the
board and the city may establish all reasonable rules
and regulations
to protect the rights and property vested in the city and under control
of the board. Both the board and the city may issue vouchers or
warrants in payment of all claims
and accounts incurred by the board for the respective departments,
which vouchers or warrants when approved by either the board or the
city shall be authority
to the city treasurer acting in the capacity of the ex officio treasurer
of the board to pay and charge the same against the proper
funds. The board also shall have such other powers
as may be necessary for the
proper discharge of its duties.
The board may sue and be sued but only in the name of and on behalf of
the city except it shall have no standing in any court as a party plaintiff
in any litigation against the city.
The board or any employee of the board shall be personally liable for
any expenditure or loss incurred by the city through failure or refusal
of the board, or such employee, to comply with any ordinance adopted by
such city under authority granted by this act, or the act of which this
section 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.
PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS
Article 12.--PUBLIC UTILITIES
13-1223.Same; powers and duties of board; purchasing agent, powers
and duties; governing body of city, powers and duties; ability to sue and
be sued; personal liability of member or employee of board.
The board of public utilities shall have exclusive control of the daily
operation of the water plant and the electric-light plant and
shall be charged with the
duty of producing and supplying the city and its inhabitants with water
and electric energy for domestic and industrial purposes and for public
use 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 of
the 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 their
compensation. The board may pay the
cost of group hospitalization, surgical benefits, and insurance for its
employees. The purchasing agent for the board shall purchase all supplies and
make all contracts for services and equipment required by the board or
any department thereof, and shall keep true and accurate records of all
such purchases and contracts. The purchasing agent shall make
monthly 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 or
entering into a contract for supplies or services, either of which involves
an expenditure of more than ten thousand dollars, the purchasing agent shall
advertise for bids thereon in a
daily newspaper designated by the board. No advertisement for
bids shall be required in the event of an emergency
or 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 personal
property either within or without the city as may be necessary
or convenient to carry out the
purposes for which it is
established but no real property or improvements thereon shall be sold by
the 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 requested
by the board to enact such ordinances as may be
deemed necessary by the city for the protection of the water and light plants, and
to institute condemnation proceedings whenever, in the judgment of the city,
private property should be taken in the name
of the city for water plant or electric-light plant purposes. Both the
board and the city may establish all reasonable rules
and regulations
to protect the rights and property vested in the city and under control
of the board. Both the board and the city may issue vouchers or
warrants in payment of all claims
and accounts incurred by the board for the respective departments,
which vouchers or warrants when approved by either the board or the
city shall be authority
to the city treasurer acting in the capacity of the ex officio treasurer
of the board to pay and charge the same against the proper
funds. The board also shall have such other powers
as may be necessary for the
proper discharge of its duties.
The board may sue and be sued but only in the name of and on behalf of
the city except it shall have no standing in any court as a party plaintiff
in any litigation against the city.
The board or any employee of the board shall be personally liable for
any expenditure or loss incurred by the city through failure or refusal
of the board, or such employee, to comply with any ordinance adopted by
such city under authority granted by this act, or the act of which this
section 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.
PART I.--GOVERNMENT BY MAYOR AND COUNCIL AND GENERAL LAWS
Article 12.--PUBLIC UTILITIES
13-1223.Same; powers and duties of board; purchasing agent, powers
and duties; governing body of city, powers and duties; ability to sue and
be sued; personal liability of member or employee of board.
The board of public utilities shall have exclusive control of the daily
operation of the water plant and the electric-light plant and
shall be charged with the
duty of producing and supplying the city and its inhabitants with water
and electric energy for domestic and industrial purposes and for public
use 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 of
the 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 their
compensation. The board may pay the
cost of group hospitalization, surgical benefits, and insurance for its
employees. The purchasing agent for the board shall purchase all supplies and
make all contracts for services and equipment required by the board or
any department thereof, and shall keep true and accurate records of all
such purchases and contracts. The purchasing agent shall make
monthly 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 or
entering into a contract for supplies or services, either of which involves
an expenditure of more than ten thousand dollars, the purchasing agent shall
advertise for bids thereon in a
daily newspaper designated by the board. No advertisement for
bids shall be required in the event of an emergency
or 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 personal
property either within or without the city as may be necessary
or convenient to carry out the
purposes for which it is
established but no real property or improvements thereon shall be sold by
the 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 requested
by the board to enact such ordinances as may be
deemed necessary by the city for the protection of the water and light plants, and
to institute condemnation proceedings whenever, in the judgment of the city,
private property should be taken in the name
of the city for water plant or electric-light plant purposes. Both the
board and the city may establish all reasonable rules
and regulations
to protect the rights and property vested in the city and under control
of the board. Both the board and the city may issue vouchers or
warrants in payment of all claims
and accounts incurred by the board for the respective departments,
which vouchers or warrants when approved by either the board or the
city shall be authority
to the city treasurer acting in the capacity of the ex officio treasurer
of the board to pay and charge the same against the proper
funds. The board also shall have such other powers
as may be necessary for the
proper discharge of its duties.
The board may sue and be sued but only in the name of and on behalf of
the city except it shall have no standing in any court as a party plaintiff
in any litigation against the city.
The board or any employee of the board shall be personally liable for
any expenditure or loss incurred by the city through failure or refusal
of the board, or such employee, to comply with any ordinance adopted by
such city under authority granted by this act, or the act of which this
section 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.