Article 35.--WATER SUPPLY AND DISTRIBUTION DISTRICTS
19-3552.Powers of governing body.
For the purpose of providing a water supply or other services to the
participating public
agencies 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, trust
or foundation, or from 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;
(2) to sue and be sued;
(3) 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 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 is hereby
authorized
to enter into contracts and agreements with such district for any term not
exceeding 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 bonds
as hereinafter provided in this act, and to refund the same by the issuance
of refunding obligations;
(5) to acquire land and interests in land by gift, purchase, exchange
or eminent domain, such power of eminent domain to be exercised within or
without 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 operate
reservoirs,
pipelines, wells, check dams, pumping stations, water purification plants,
and other facilities for the production, wholesale distribution and
utilization
of water and to own and hold such real and personal property as may be
necessary
to carry out the purposes of its organization;
(7) to provide, by contract, to participating public agencies for the
construction, installation and operation of pipelines, wells, pumping stations
and other facilities and services relating to the distribution of water within
the boundaries of the participating public agencies or retail distribution and
utilization of water and to own and hold such real and personal property as may
be necessary in relation thereto,
except that, if the contract amount for
such services is $10,000 or more, the district shall be authorized to provide
such services only if the award of the contract is based on competitive bids;
(8) to provide, by contract, to participating public agencies for the
operation and maintenance of state-permitted wastewater treatment
works, systems and other facilities and services relating to the treatment of
wastewater within the boundaries of the participating public agencies;
(9) to have the general management, control, and
supervision of all the
business, affairs, property, and facilities of the district, and of the
construction, installation, operation, and maintenance of district
improvements, and to establish regulations relating thereto;
(10) to hire and retain agents, employees, engineers and
attorneys and
to determine their compensation. The governing body shall select and appoint
a general manager of the district who shall serve at the pleasure of
the
governing body. The general manager shall have training and experience
in the supervision
and administration of water systems and shall manage and control the water
system under the general supervision of the governing body.
All employees,
servants and agents of the district shall be under the immediate control and
management
of the general manager.
The general manager shall perform all such other duties as may be prescribed
by the governing body and shall give the governing body a
good and sufficient
surety company bond in a sum to be set and approved by the governing body
conditioned upon the satisfactory performance of the general manager's duties.
The governing body also may require that any other employees
be bonded in
such amount as it shall determine. The cost of such bonds
shall be paid out
of the funds of the district;
(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 governing body and of the district;
and
(12) 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. 1977, ch. 353, § 8;
L. 2000, ch. 115, § 2;
L. 2002, ch. 137, § 1; July 1.
Article 35.--WATER SUPPLY AND DISTRIBUTION DISTRICTS
19-3552.Powers of governing body.
For the purpose of providing a water supply or other services to the
participating public
agencies 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, trust
or foundation, or from 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;
(2) to sue and be sued;
(3) 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 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 is hereby
authorized
to enter into contracts and agreements with such district for any term not
exceeding 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 bonds
as hereinafter provided in this act, and to refund the same by the issuance
of refunding obligations;
(5) to acquire land and interests in land by gift, purchase, exchange
or eminent domain, such power of eminent domain to be exercised within or
without 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 operate
reservoirs,
pipelines, wells, check dams, pumping stations, water purification plants,
and other facilities for the production, wholesale distribution and
utilization
of water and to own and hold such real and personal property as may be
necessary
to carry out the purposes of its organization;
(7) to provide, by contract, to participating public agencies for the
construction, installation and operation of pipelines, wells, pumping stations
and other facilities and services relating to the distribution of water within
the boundaries of the participating public agencies or retail distribution and
utilization of water and to own and hold such real and personal property as may
be necessary in relation thereto,
except that, if the contract amount for
such services is $10,000 or more, the district shall be authorized to provide
such services only if the award of the contract is based on competitive bids;
(8) to provide, by contract, to participating public agencies for the
operation and maintenance of state-permitted wastewater treatment
works, systems and other facilities and services relating to the treatment of
wastewater within the boundaries of the participating public agencies;
(9) to have the general management, control, and
supervision of all the
business, affairs, property, and facilities of the district, and of the
construction, installation, operation, and maintenance of district
improvements, and to establish regulations relating thereto;
(10) to hire and retain agents, employees, engineers and
attorneys and
to determine their compensation. The governing body shall select and appoint
a general manager of the district who shall serve at the pleasure of
the
governing body. The general manager shall have training and experience
in the supervision
and administration of water systems and shall manage and control the water
system under the general supervision of the governing body.
All employees,
servants and agents of the district shall be under the immediate control and
management
of the general manager.
The general manager shall perform all such other duties as may be prescribed
by the governing body and shall give the governing body a
good and sufficient
surety company bond in a sum to be set and approved by the governing body
conditioned upon the satisfactory performance of the general manager's duties.
The governing body also may require that any other employees
be bonded in
such amount as it shall determine. The cost of such bonds
shall be paid out
of the funds of the district;
(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 governing body and of the district;
and
(12) 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. 1977, ch. 353, § 8;
L. 2000, ch. 115, § 2;
L. 2002, ch. 137, § 1; July 1.
Article 35.--WATER SUPPLY AND DISTRIBUTION DISTRICTS
19-3552.Powers of governing body.
For the purpose of providing a water supply or other services to the
participating public
agencies 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, trust
or foundation, or from 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;
(2) to sue and be sued;
(3) 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 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 is hereby
authorized
to enter into contracts and agreements with such district for any term not
exceeding 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 bonds
as hereinafter provided in this act, and to refund the same by the issuance
of refunding obligations;
(5) to acquire land and interests in land by gift, purchase, exchange
or eminent domain, such power of eminent domain to be exercised within or
without 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 operate
reservoirs,
pipelines, wells, check dams, pumping stations, water purification plants,
and other facilities for the production, wholesale distribution and
utilization
of water and to own and hold such real and personal property as may be
necessary
to carry out the purposes of its organization;
(7) to provide, by contract, to participating public agencies for the
construction, installation and operation of pipelines, wells, pumping stations
and other facilities and services relating to the distribution of water within
the boundaries of the participating public agencies or retail distribution and
utilization of water and to own and hold such real and personal property as may
be necessary in relation thereto,
except that, if the contract amount for
such services is $10,000 or more, the district shall be authorized to provide
such services only if the award of the contract is based on competitive bids;
(8) to provide, by contract, to participating public agencies for the
operation and maintenance of state-permitted wastewater treatment
works, systems and other facilities and services relating to the treatment of
wastewater within the boundaries of the participating public agencies;
(9) to have the general management, control, and
supervision of all the
business, affairs, property, and facilities of the district, and of the
construction, installation, operation, and maintenance of district
improvements, and to establish regulations relating thereto;
(10) to hire and retain agents, employees, engineers and
attorneys and
to determine their compensation. The governing body shall select and appoint
a general manager of the district who shall serve at the pleasure of
the
governing body. The general manager shall have training and experience
in the supervision
and administration of water systems and shall manage and control the water
system under the general supervision of the governing body.
All employees,
servants and agents of the district shall be under the immediate control and
management
of the general manager.
The general manager shall perform all such other duties as may be prescribed
by the governing body and shall give the governing body a
good and sufficient
surety company bond in a sum to be set and approved by the governing body
conditioned upon the satisfactory performance of the general manager's duties.
The governing body also may require that any other employees
be bonded in
such amount as it shall determine. The cost of such bonds
shall be paid out
of the funds of the district;
(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 governing body and of the district;
and
(12) 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. 1977, ch. 353, § 8;
L. 2000, ch. 115, § 2;
L. 2002, ch. 137, § 1; July 1.