Article 35.--WATER SUPPLY AND DISTRIBUTION DISTRICTS
19-3531.Powers of the board.
For the purpose of providing a water supply for the public water supply
districts, municipalities, and publicly and privately owned water
distribution companies within the said county, the district, and on its
behalf the board shall have the following powers, authorities and
privileges:
(1) To have perpetual existence;
(2) To accept by gift or grant from any person, firm, corporation,
public or private, trust or foundation, or this state or any other state or
any political subdivision or municipality thereof, or from the United
States, any funds or property or any interest therein for the uses and
purposes of the district and to hold title thereto in trust or otherwise
and to bind the district to apply the same according to the terms of such
gift or grant;
(3) To sue and be sued, and be a party to suits, actions and
proceedings;
(4) To contract and be contracted with and to enter into franchises,
contracts and agreements with this or any other state or the United States
or any municipality, political subdivision or district thereof, or any of
their agencies or instrumentalities, or any public or private person,
partnership, association, or corporation of this state or of any other
state or of the United States, and this state and any such municipality,
political subdivision, district, or any of their agencies or
instrumentalities, and any such public or private person, partnership,
association, or corporation are hereby authorized to enter into contracts
and agreements with such district for any term of years not exceeding forty
(40) for the planning, development, construction, acquisition, or operation
of any facility or for any common or other service rendered to, for, or by
said district;
(5) To borrow money and evidence the same by warrants, notes, or bonds
as hereinafter provided in this act, and to refund the same by the issuance
of refunding obligations;
(6) To acquire by purchase or lease, construct, install, and operate
reservoirs, pipelines, wells, check dams, pumping stations, water
purification plants, and other facilities for the production, wholesale
distribution, and utilization of water, to own and hold such real and
personal property as may be necessary to carry out the purposes of its
organization;
(7) To have the general management, control, and supervision of all the
business, affairs, property, and facilities of the district, and to
establish regulations relating thereto and the construction, installation,
operation, and maintenance of district improvements therein;
(8) To hire and retain agents, employees, engineers and attorneys and to
determine their compensation. The board shall select and appoint a general
manager of the district and his term of office shall be during the pleasure
of said board, who shall be not less than thirty (30) years of age and with
training and experience in the supervision and administration of water
systems, who shall manage and control the water system under the general
supervision of said board. All employees, servants and agents of the
district shall be under the immediate control and management of said
general manager. The general manager shall perform all such other duties as
may be prescribed by said board and shall give the board a good and
sufficient surety company bond in a sum to be set and approved by the board
conditioned upon the satisfactory performance of his duties. The board may
also require that any other employees be bonded in such amount as they
shall determine. The cost of said bonds shall be paid out of the funds of
the said district;
(9) To have and exercise the power of condemnation in the manner
provided by article 5 of chapter 26 of the Kansas Statutes Annotated to
take any property within or without the district necessary to the exercise
of the powers herein granted;
(10) The board shall have the sole discretion of determining what
facilities are to be initially acquired, constructed and operated by the
district and the area of the county within which the district will render
its services. Likewise, the board shall have the sole discretion of
determining what additions, extensions or enlargements shall be made to the
facilities of the district and the board shall not be required or obligated
to own or operate facilities to serve any area of the district which, in
the board's opinion, is not economically feasible to serve;
(11) To adopt and amend rules and regulations not in conflict with the
constitution and laws of this state, necessary for the carrying on of the
business, objects and affairs of the board and of the district, and to
refer to the proper authorities for prosecuting any infraction thereof
detrimental to the district;
(12) To fix rates for the sale of water and provide for the collection
of said rates. The rates or charges so fixed shall, at all times, be
reasonable, but in determining the reasonableness of rates or charges, the
board shall take into consideration the sum or sums required to retire
outstanding bonds of the district and the interest accruing thereon, the
need for the extension of mains, repairs, depreciation, enlargement of
plant, adequate service, obsolescence, overhead charges, operating expenses
and the need of an operating fund out of which the district may protect
itself in emergencies and out of which the incidental expenses of the
district may readily be met;
(13) To lay, maintain and repair pipelines in public highways, roads,
streets, and alleys within or without the district, but the same shall be
done under reasonable rules and regulations of governmental bodies having
jurisdiction of such public places. In the construction of ditches, laying
of mains, filling of ditches after mains are laid, connection of service
pipes and repairing of lines, due regard must be taken of the rights of the
public in its use of thoroughfares and the equal rights of other utilities
thereto;
(14) To have and exercise all rights and powers necessary or incidental
to or implied from the specific powers granted herein. Such specific powers
shall not be considered as a limitation upon any power necessary or
appropriate to carry out the purposes of this act.
History: L. 1961, ch. 473, § 10; L. 1965, ch. 185, §
1; June 30.
Article 35.--WATER SUPPLY AND DISTRIBUTION DISTRICTS
19-3531.Powers of the board.
For the purpose of providing a water supply for the public water supply
districts, municipalities, and publicly and privately owned water
distribution companies within the said county, the district, and on its
behalf the board shall have the following powers, authorities and
privileges:
(1) To have perpetual existence;
(2) To accept by gift or grant from any person, firm, corporation,
public or private, trust or foundation, or this state or any other state or
any political subdivision or municipality thereof, or from the United
States, any funds or property or any interest therein for the uses and
purposes of the district and to hold title thereto in trust or otherwise
and to bind the district to apply the same according to the terms of such
gift or grant;
(3) To sue and be sued, and be a party to suits, actions and
proceedings;
(4) To contract and be contracted with and to enter into franchises,
contracts and agreements with this or any other state or the United States
or any municipality, political subdivision or district thereof, or any of
their agencies or instrumentalities, or any public or private person,
partnership, association, or corporation of this state or of any other
state or of the United States, and this state and any such municipality,
political subdivision, district, or any of their agencies or
instrumentalities, and any such public or private person, partnership,
association, or corporation are hereby authorized to enter into contracts
and agreements with such district for any term of years not exceeding forty
(40) for the planning, development, construction, acquisition, or operation
of any facility or for any common or other service rendered to, for, or by
said district;
(5) To borrow money and evidence the same by warrants, notes, or bonds
as hereinafter provided in this act, and to refund the same by the issuance
of refunding obligations;
(6) To acquire by purchase or lease, construct, install, and operate
reservoirs, pipelines, wells, check dams, pumping stations, water
purification plants, and other facilities for the production, wholesale
distribution, and utilization of water, to own and hold such real and
personal property as may be necessary to carry out the purposes of its
organization;
(7) To have the general management, control, and supervision of all the
business, affairs, property, and facilities of the district, and to
establish regulations relating thereto and the construction, installation,
operation, and maintenance of district improvements therein;
(8) To hire and retain agents, employees, engineers and attorneys and to
determine their compensation. The board shall select and appoint a general
manager of the district and his term of office shall be during the pleasure
of said board, who shall be not less than thirty (30) years of age and with
training and experience in the supervision and administration of water
systems, who shall manage and control the water system under the general
supervision of said board. All employees, servants and agents of the
district shall be under the immediate control and management of said
general manager. The general manager shall perform all such other duties as
may be prescribed by said board and shall give the board a good and
sufficient surety company bond in a sum to be set and approved by the board
conditioned upon the satisfactory performance of his duties. The board may
also require that any other employees be bonded in such amount as they
shall determine. The cost of said bonds shall be paid out of the funds of
the said district;
(9) To have and exercise the power of condemnation in the manner
provided by article 5 of chapter 26 of the Kansas Statutes Annotated to
take any property within or without the district necessary to the exercise
of the powers herein granted;
(10) The board shall have the sole discretion of determining what
facilities are to be initially acquired, constructed and operated by the
district and the area of the county within which the district will render
its services. Likewise, the board shall have the sole discretion of
determining what additions, extensions or enlargements shall be made to the
facilities of the district and the board shall not be required or obligated
to own or operate facilities to serve any area of the district which, in
the board's opinion, is not economically feasible to serve;
(11) To adopt and amend rules and regulations not in conflict with the
constitution and laws of this state, necessary for the carrying on of the
business, objects and affairs of the board and of the district, and to
refer to the proper authorities for prosecuting any infraction thereof
detrimental to the district;
(12) To fix rates for the sale of water and provide for the collection
of said rates. The rates or charges so fixed shall, at all times, be
reasonable, but in determining the reasonableness of rates or charges, the
board shall take into consideration the sum or sums required to retire
outstanding bonds of the district and the interest accruing thereon, the
need for the extension of mains, repairs, depreciation, enlargement of
plant, adequate service, obsolescence, overhead charges, operating expenses
and the need of an operating fund out of which the district may protect
itself in emergencies and out of which the incidental expenses of the
district may readily be met;
(13) To lay, maintain and repair pipelines in public highways, roads,
streets, and alleys within or without the district, but the same shall be
done under reasonable rules and regulations of governmental bodies having
jurisdiction of such public places. In the construction of ditches, laying
of mains, filling of ditches after mains are laid, connection of service
pipes and repairing of lines, due regard must be taken of the rights of the
public in its use of thoroughfares and the equal rights of other utilities
thereto;
(14) To have and exercise all rights and powers necessary or incidental
to or implied from the specific powers granted herein. Such specific powers
shall not be considered as a limitation upon any power necessary or
appropriate to carry out the purposes of this act.
History: L. 1961, ch. 473, § 10; L. 1965, ch. 185, §
1; June 30.
Article 35.--WATER SUPPLY AND DISTRIBUTION DISTRICTS
19-3531.Powers of the board.
For the purpose of providing a water supply for the public water supply
districts, municipalities, and publicly and privately owned water
distribution companies within the said county, the district, and on its
behalf the board shall have the following powers, authorities and
privileges:
(1) To have perpetual existence;
(2) To accept by gift or grant from any person, firm, corporation,
public or private, trust or foundation, or this state or any other state or
any political subdivision or municipality thereof, or from the United
States, any funds or property or any interest therein for the uses and
purposes of the district and to hold title thereto in trust or otherwise
and to bind the district to apply the same according to the terms of such
gift or grant;
(3) To sue and be sued, and be a party to suits, actions and
proceedings;
(4) To contract and be contracted with and to enter into franchises,
contracts and agreements with this or any other state or the United States
or any municipality, political subdivision or district thereof, or any of
their agencies or instrumentalities, or any public or private person,
partnership, association, or corporation of this state or of any other
state or of the United States, and this state and any such municipality,
political subdivision, district, or any of their agencies or
instrumentalities, and any such public or private person, partnership,
association, or corporation are hereby authorized to enter into contracts
and agreements with such district for any term of years not exceeding forty
(40) for the planning, development, construction, acquisition, or operation
of any facility or for any common or other service rendered to, for, or by
said district;
(5) To borrow money and evidence the same by warrants, notes, or bonds
as hereinafter provided in this act, and to refund the same by the issuance
of refunding obligations;
(6) To acquire by purchase or lease, construct, install, and operate
reservoirs, pipelines, wells, check dams, pumping stations, water
purification plants, and other facilities for the production, wholesale
distribution, and utilization of water, to own and hold such real and
personal property as may be necessary to carry out the purposes of its
organization;
(7) To have the general management, control, and supervision of all the
business, affairs, property, and facilities of the district, and to
establish regulations relating thereto and the construction, installation,
operation, and maintenance of district improvements therein;
(8) To hire and retain agents, employees, engineers and attorneys and to
determine their compensation. The board shall select and appoint a general
manager of the district and his term of office shall be during the pleasure
of said board, who shall be not less than thirty (30) years of age and with
training and experience in the supervision and administration of water
systems, who shall manage and control the water system under the general
supervision of said board. All employees, servants and agents of the
district shall be under the immediate control and management of said
general manager. The general manager shall perform all such other duties as
may be prescribed by said board and shall give the board a good and
sufficient surety company bond in a sum to be set and approved by the board
conditioned upon the satisfactory performance of his duties. The board may
also require that any other employees be bonded in such amount as they
shall determine. The cost of said bonds shall be paid out of the funds of
the said district;
(9) To have and exercise the power of condemnation in the manner
provided by article 5 of chapter 26 of the Kansas Statutes Annotated to
take any property within or without the district necessary to the exercise
of the powers herein granted;
(10) The board shall have the sole discretion of determining what
facilities are to be initially acquired, constructed and operated by the
district and the area of the county within which the district will render
its services. Likewise, the board shall have the sole discretion of
determining what additions, extensions or enlargements shall be made to the
facilities of the district and the board shall not be required or obligated
to own or operate facilities to serve any area of the district which, in
the board's opinion, is not economically feasible to serve;
(11) To adopt and amend rules and regulations not in conflict with the
constitution and laws of this state, necessary for the carrying on of the
business, objects and affairs of the board and of the district, and to
refer to the proper authorities for prosecuting any infraction thereof
detrimental to the district;
(12) To fix rates for the sale of water and provide for the collection
of said rates. The rates or charges so fixed shall, at all times, be
reasonable, but in determining the reasonableness of rates or charges, the
board shall take into consideration the sum or sums required to retire
outstanding bonds of the district and the interest accruing thereon, the
need for the extension of mains, repairs, depreciation, enlargement of
plant, adequate service, obsolescence, overhead charges, operating expenses
and the need of an operating fund out of which the district may protect
itself in emergencies and out of which the incidental expenses of the
district may readily be met;
(13) To lay, maintain and repair pipelines in public highways, roads,
streets, and alleys within or without the district, but the same shall be
done under reasonable rules and regulations of governmental bodies having
jurisdiction of such public places. In the construction of ditches, laying
of mains, filling of ditches after mains are laid, connection of service
pipes and repairing of lines, due regard must be taken of the rights of the
public in its use of thoroughfares and the equal rights of other utilities
thereto;
(14) To have and exercise all rights and powers necessary or incidental
to or implied from the specific powers granted herein. Such specific powers
shall not be considered as a limitation upon any power necessary or
appropriate to carry out the purposes of this act.
History: L. 1961, ch. 473, § 10; L. 1965, ch. 185, §
1; June 30.