State Codes and Statutes

Statutes > Kentucky > 106-00 > 210

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106.210 Powers and functions of water district commissioners and city legislative bodies. Except as otherwise specifically provided in this chapter the water district commissioners <br>of the water district and the legislative body of the municipalities shall exercise all <br>powers conferred by virtue of this chapter. Any board operating under the provisions of <br>this chapter shall have the legal power and capacity to perform any act not repugnant to <br>law and shall have the express power and capacity to do any and all acts or things <br>necessary or convenient for the carrying out of the purposes of this chapter, including but <br>not by way of limitation, the following express powers: <br>(1) Acquire, hold and dispose of property, real and personal, tangible and intangible, necessary or incident to the proper conduct of its business; (2) Construct, acquire, own, lease, operate, maintain and improve plants or works for the production, pumping, filtration, treatment, distribution or sale of water and may <br>provide water service to any user or consumer within and without the boundaries of <br>said water district or municipality and may charge and collect reasonable rates <br>therefor; (3) Construct, own, lease, rent, operate and control any and all works, buildings, facilities and equipment across, along, or under any street or public highway, and <br>over any lands which are now or may be the property of the Commonwealth of <br>Kentucky or of any county or municipality within this Commonwealth. The water <br>district or municipality shall, however, at its own expense, restore any such street or <br>highway to its former condition and state as nearly as may be possible and shall not <br>use the same in a manner as to impair its usefulness or to interfere with or obstruct <br>the maintenance thereof. Before exercising these powers the board shall obtain a <br>permit or consent or approval in writing from the governing authority of the <br>municipality, or the fiscal court, or the Department of Highways having appropriate <br>jurisdiction over any and all of such respective streets or public highways; (4) Accept gifts, grants of property, real or personal, including money, from any person, municipality, or federal agency, or both, and to accept voluntary and uncompensated <br>services; Provided, however, that when engineering services are required by any <br>water district or municipality to render any services authorized or required or <br>incident to surveys, plans, estimates of cost, or the valuation of property, or in the <br>preparation of reports authorized by this chapter, no engineer who is engaged in <br>whole or in part in the business of buying or selling any waterworks or water <br>distribution system equipment, machinery, fixtures, materials, supplies, or the sale <br>or purchase of bonds shall be eligible for employment or for any services <br>whatsoever under the provisions of this chapter. The limitations hereinabove <br>provided shall also apply to any firm of engineers and to any member of any firm of <br>engineers, if the firm or member of the firm is engaged in whole or in part in the <br>business of buying or selling any waterworks or water distribution system <br>machinery, equipment, fixtures, materials, supplies, or the sale or purchase of <br>bonds; and no such firm or member of such firm shall be eligible for employment or <br>for any service whatsoever under the provisions of this chapter. Provided, further, <br>that the provisions of this chapter shall not be construed to prohibit the board or the governing authority of any water district or municipality from obtaining the advice <br>or services of any engineer in the regular employment of the state or any federal <br>governmental agency; (5) Contract debts and borrow money for the acquisition or improvement of any water plant and appurtenances thereto, issue bonds to finance such acquisition or <br>improvement, provide for the rights of holders of the bonds and to secure the bonds <br>as hereinafter provided, and pledge all or any of the net revenues derived from sale <br>of water to the payment of such debts or repayment of money borrowed; (6) Acquire, hold, and, subject to the provisions of this chapter, and the applicable provisions of any bonds or contracts, dispose of any property, real or personal, <br>tangible or intangible, or any right or interest in any such property in connection <br>with any water plant and appurtenances thereto and whether or not subject to <br>mortgages, liens, charges, or other encumbrances, subject to the provisions and <br>requirements of this chapter; (7) Make contracts and execute instruments containing such covenants, terms, and conditions as in the discretion of the board may be necessary, proper, or advisable <br>for the purpose of obtaining loans from any source, or grants, loans or other <br>financial assistance from any governmental agency, including, but without <br>limitation, covenants, terms, and conditions with respect to the acquisition or <br>construction of any water plant and appurtenances thereto or any improvement <br>thereto with money in whole or in part borrowed from or granted by any <br>governmental agency; make all other contracts and execute all other instruments as <br>in the discretion of the board may be advisable in or for the furtherance of the <br>acquisition, improvement, operation and maintenance of any water plant and <br>appurtenances thereto and the furnishing of water service; and carry out and <br>perform the covenants, terms, and conditions of all such contracts or instruments; (8) Enter on any lands, waters and premises for the purpose of making surveys, soundings and examinations in connection with the acquisition, improvements, <br>operation or maintenance of any water plant and appurtenances thereto and the <br>furnishing of water service; (9) Do all acts and things necessary or convenient to carry out the powers expressly given in this chapter; (10) Make any contracts necessary or convenient for the full exercise of the powers herein granted, including, but not limited to, contracts for either the purchase or sale <br>or both the purchase and sale of water and contracts for the acquisition or <br>improvement of all or any part of a water plant and appurtenances thereto; and in <br>connection with any such contract with a governmental agency, the board may <br>stipulate and agree to such covenants, terms, and conditions as the governing body <br>deems appropriate including, but without limitation, covenants, terms and <br>conditions with respect to the resale rates, financial and accounting methods and the <br>manner of disposing of the revenue of the water plant and appurtenances thereto <br>conducted and operated by the board. Effective: June 17, 1954 <br>History: Created 1954 Ky. Acts ch. 18, sec. 21, effective June 17, 1954.

State Codes and Statutes

Statutes > Kentucky > 106-00 > 210

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106.210 Powers and functions of water district commissioners and city legislative bodies. Except as otherwise specifically provided in this chapter the water district commissioners <br>of the water district and the legislative body of the municipalities shall exercise all <br>powers conferred by virtue of this chapter. Any board operating under the provisions of <br>this chapter shall have the legal power and capacity to perform any act not repugnant to <br>law and shall have the express power and capacity to do any and all acts or things <br>necessary or convenient for the carrying out of the purposes of this chapter, including but <br>not by way of limitation, the following express powers: <br>(1) Acquire, hold and dispose of property, real and personal, tangible and intangible, necessary or incident to the proper conduct of its business; (2) Construct, acquire, own, lease, operate, maintain and improve plants or works for the production, pumping, filtration, treatment, distribution or sale of water and may <br>provide water service to any user or consumer within and without the boundaries of <br>said water district or municipality and may charge and collect reasonable rates <br>therefor; (3) Construct, own, lease, rent, operate and control any and all works, buildings, facilities and equipment across, along, or under any street or public highway, and <br>over any lands which are now or may be the property of the Commonwealth of <br>Kentucky or of any county or municipality within this Commonwealth. The water <br>district or municipality shall, however, at its own expense, restore any such street or <br>highway to its former condition and state as nearly as may be possible and shall not <br>use the same in a manner as to impair its usefulness or to interfere with or obstruct <br>the maintenance thereof. Before exercising these powers the board shall obtain a <br>permit or consent or approval in writing from the governing authority of the <br>municipality, or the fiscal court, or the Department of Highways having appropriate <br>jurisdiction over any and all of such respective streets or public highways; (4) Accept gifts, grants of property, real or personal, including money, from any person, municipality, or federal agency, or both, and to accept voluntary and uncompensated <br>services; Provided, however, that when engineering services are required by any <br>water district or municipality to render any services authorized or required or <br>incident to surveys, plans, estimates of cost, or the valuation of property, or in the <br>preparation of reports authorized by this chapter, no engineer who is engaged in <br>whole or in part in the business of buying or selling any waterworks or water <br>distribution system equipment, machinery, fixtures, materials, supplies, or the sale <br>or purchase of bonds shall be eligible for employment or for any services <br>whatsoever under the provisions of this chapter. The limitations hereinabove <br>provided shall also apply to any firm of engineers and to any member of any firm of <br>engineers, if the firm or member of the firm is engaged in whole or in part in the <br>business of buying or selling any waterworks or water distribution system <br>machinery, equipment, fixtures, materials, supplies, or the sale or purchase of <br>bonds; and no such firm or member of such firm shall be eligible for employment or <br>for any service whatsoever under the provisions of this chapter. Provided, further, <br>that the provisions of this chapter shall not be construed to prohibit the board or the governing authority of any water district or municipality from obtaining the advice <br>or services of any engineer in the regular employment of the state or any federal <br>governmental agency; (5) Contract debts and borrow money for the acquisition or improvement of any water plant and appurtenances thereto, issue bonds to finance such acquisition or <br>improvement, provide for the rights of holders of the bonds and to secure the bonds <br>as hereinafter provided, and pledge all or any of the net revenues derived from sale <br>of water to the payment of such debts or repayment of money borrowed; (6) Acquire, hold, and, subject to the provisions of this chapter, and the applicable provisions of any bonds or contracts, dispose of any property, real or personal, <br>tangible or intangible, or any right or interest in any such property in connection <br>with any water plant and appurtenances thereto and whether or not subject to <br>mortgages, liens, charges, or other encumbrances, subject to the provisions and <br>requirements of this chapter; (7) Make contracts and execute instruments containing such covenants, terms, and conditions as in the discretion of the board may be necessary, proper, or advisable <br>for the purpose of obtaining loans from any source, or grants, loans or other <br>financial assistance from any governmental agency, including, but without <br>limitation, covenants, terms, and conditions with respect to the acquisition or <br>construction of any water plant and appurtenances thereto or any improvement <br>thereto with money in whole or in part borrowed from or granted by any <br>governmental agency; make all other contracts and execute all other instruments as <br>in the discretion of the board may be advisable in or for the furtherance of the <br>acquisition, improvement, operation and maintenance of any water plant and <br>appurtenances thereto and the furnishing of water service; and carry out and <br>perform the covenants, terms, and conditions of all such contracts or instruments; (8) Enter on any lands, waters and premises for the purpose of making surveys, soundings and examinations in connection with the acquisition, improvements, <br>operation or maintenance of any water plant and appurtenances thereto and the <br>furnishing of water service; (9) Do all acts and things necessary or convenient to carry out the powers expressly given in this chapter; (10) Make any contracts necessary or convenient for the full exercise of the powers herein granted, including, but not limited to, contracts for either the purchase or sale <br>or both the purchase and sale of water and contracts for the acquisition or <br>improvement of all or any part of a water plant and appurtenances thereto; and in <br>connection with any such contract with a governmental agency, the board may <br>stipulate and agree to such covenants, terms, and conditions as the governing body <br>deems appropriate including, but without limitation, covenants, terms and <br>conditions with respect to the resale rates, financial and accounting methods and the <br>manner of disposing of the revenue of the water plant and appurtenances thereto <br>conducted and operated by the board. Effective: June 17, 1954 <br>History: Created 1954 Ky. Acts ch. 18, sec. 21, effective June 17, 1954.

State Codes and Statutes

State Codes and Statutes

Statutes > Kentucky > 106-00 > 210

Download pdf
Loading PDF...


106.210 Powers and functions of water district commissioners and city legislative bodies. Except as otherwise specifically provided in this chapter the water district commissioners <br>of the water district and the legislative body of the municipalities shall exercise all <br>powers conferred by virtue of this chapter. Any board operating under the provisions of <br>this chapter shall have the legal power and capacity to perform any act not repugnant to <br>law and shall have the express power and capacity to do any and all acts or things <br>necessary or convenient for the carrying out of the purposes of this chapter, including but <br>not by way of limitation, the following express powers: <br>(1) Acquire, hold and dispose of property, real and personal, tangible and intangible, necessary or incident to the proper conduct of its business; (2) Construct, acquire, own, lease, operate, maintain and improve plants or works for the production, pumping, filtration, treatment, distribution or sale of water and may <br>provide water service to any user or consumer within and without the boundaries of <br>said water district or municipality and may charge and collect reasonable rates <br>therefor; (3) Construct, own, lease, rent, operate and control any and all works, buildings, facilities and equipment across, along, or under any street or public highway, and <br>over any lands which are now or may be the property of the Commonwealth of <br>Kentucky or of any county or municipality within this Commonwealth. The water <br>district or municipality shall, however, at its own expense, restore any such street or <br>highway to its former condition and state as nearly as may be possible and shall not <br>use the same in a manner as to impair its usefulness or to interfere with or obstruct <br>the maintenance thereof. Before exercising these powers the board shall obtain a <br>permit or consent or approval in writing from the governing authority of the <br>municipality, or the fiscal court, or the Department of Highways having appropriate <br>jurisdiction over any and all of such respective streets or public highways; (4) Accept gifts, grants of property, real or personal, including money, from any person, municipality, or federal agency, or both, and to accept voluntary and uncompensated <br>services; Provided, however, that when engineering services are required by any <br>water district or municipality to render any services authorized or required or <br>incident to surveys, plans, estimates of cost, or the valuation of property, or in the <br>preparation of reports authorized by this chapter, no engineer who is engaged in <br>whole or in part in the business of buying or selling any waterworks or water <br>distribution system equipment, machinery, fixtures, materials, supplies, or the sale <br>or purchase of bonds shall be eligible for employment or for any services <br>whatsoever under the provisions of this chapter. The limitations hereinabove <br>provided shall also apply to any firm of engineers and to any member of any firm of <br>engineers, if the firm or member of the firm is engaged in whole or in part in the <br>business of buying or selling any waterworks or water distribution system <br>machinery, equipment, fixtures, materials, supplies, or the sale or purchase of <br>bonds; and no such firm or member of such firm shall be eligible for employment or <br>for any service whatsoever under the provisions of this chapter. Provided, further, <br>that the provisions of this chapter shall not be construed to prohibit the board or the governing authority of any water district or municipality from obtaining the advice <br>or services of any engineer in the regular employment of the state or any federal <br>governmental agency; (5) Contract debts and borrow money for the acquisition or improvement of any water plant and appurtenances thereto, issue bonds to finance such acquisition or <br>improvement, provide for the rights of holders of the bonds and to secure the bonds <br>as hereinafter provided, and pledge all or any of the net revenues derived from sale <br>of water to the payment of such debts or repayment of money borrowed; (6) Acquire, hold, and, subject to the provisions of this chapter, and the applicable provisions of any bonds or contracts, dispose of any property, real or personal, <br>tangible or intangible, or any right or interest in any such property in connection <br>with any water plant and appurtenances thereto and whether or not subject to <br>mortgages, liens, charges, or other encumbrances, subject to the provisions and <br>requirements of this chapter; (7) Make contracts and execute instruments containing such covenants, terms, and conditions as in the discretion of the board may be necessary, proper, or advisable <br>for the purpose of obtaining loans from any source, or grants, loans or other <br>financial assistance from any governmental agency, including, but without <br>limitation, covenants, terms, and conditions with respect to the acquisition or <br>construction of any water plant and appurtenances thereto or any improvement <br>thereto with money in whole or in part borrowed from or granted by any <br>governmental agency; make all other contracts and execute all other instruments as <br>in the discretion of the board may be advisable in or for the furtherance of the <br>acquisition, improvement, operation and maintenance of any water plant and <br>appurtenances thereto and the furnishing of water service; and carry out and <br>perform the covenants, terms, and conditions of all such contracts or instruments; (8) Enter on any lands, waters and premises for the purpose of making surveys, soundings and examinations in connection with the acquisition, improvements, <br>operation or maintenance of any water plant and appurtenances thereto and the <br>furnishing of water service; (9) Do all acts and things necessary or convenient to carry out the powers expressly given in this chapter; (10) Make any contracts necessary or convenient for the full exercise of the powers herein granted, including, but not limited to, contracts for either the purchase or sale <br>or both the purchase and sale of water and contracts for the acquisition or <br>improvement of all or any part of a water plant and appurtenances thereto; and in <br>connection with any such contract with a governmental agency, the board may <br>stipulate and agree to such covenants, terms, and conditions as the governing body <br>deems appropriate including, but without limitation, covenants, terms and <br>conditions with respect to the resale rates, financial and accounting methods and the <br>manner of disposing of the revenue of the water plant and appurtenances thereto <br>conducted and operated by the board. Effective: June 17, 1954 <br>History: Created 1954 Ky. Acts ch. 18, sec. 21, effective June 17, 1954.

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