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96.175 Powers of board.
Any board operating under the provisions of KRS 96.171 to 96.188 shall have the
legal power and capacity to perform any act not repugnant to law and shall have the
express power and capacity to do any and all acts or things necessary or convenient
for the carrying out of the purposes of KRS 96.171 to 96.188, including, but not by
way of limitation, the following express powers:
(1) Acquire property, real and personal, tangible and intangible, necessary or
incident to the proper conduct of its business.
(2) Operate, maintain, improve and extend the electric and water plant, and
provide electric and water service to any user or consumer within and without
the boundaries of any municipality, and charge and collect reasonable rates
therefor.
(3) Fix and determine classifications, rates and charges for services; provided,
however, the rates and charges so fixed and determined at all times shall be
sufficient to produce revenues sufficient to pay all operating expenses, interest,
and bond requirements, sinking fund requirements, adequate depreciation
reserves, taxes, or payments in lieu of taxes, and reserves for contemplated
extensions and improvements.
(4) Construct, lease, operate and control any and all works, lines, buildings and
other facilities across, along or under any street or public highway, and over
any lands which are now or may be the property of the Commonwealth or of
any county or municipality within this Commonwealth. The board shall,
however, at its own expense, restore any such street or highway to its former
condition and state as nearly as may be possible and shall not use the same in
a manner as to impair its usefulness or to interfere with or obstruct the
maintenance thereof. Before exercising these powers the board shall obtain a
permit or consent or approval in writing from the governing authority of the
municipality, or the fiscal court, or the Department of Highways, having
appropriate jurisdiction over any and all of such respective streets or public
highways.
(5) Accept gifts, grants of property, real or personal, including money, from any
person, municipality, or federal agency, and to accept voluntary and
uncompensated services; provided, however, that when engineering services
are required by the board no engineer or firm with which he is associated who
is engaged in whole or in part in the business of buying or selling any electric
or water equipment, machinery, fixtures, materials, supplies, or the sale or
purchase of bonds shall be eligible for employment or for any service
whatsoever under the provisions of KRS 96.171 to 96.188.
(6) Contract debts and borrow money for the improvement and extension of any
electric and water plant or for the refinancing of any existing bonded
indebtedness on the property or any portion thereof, issue bonds therefor,
provide for the rights of holders of the bonds and to secure the bonds as
hereinafter provided, and pledge all or any of the net revenue derived from the
electric and water plant to the payment of such debts or repayment of money
borrowed.
(7) The title to any property, real or personal, which the board may acquire shall
vest in the municipality for the use and benefit of the electric and water system.
(8)
(9)
(10)
(11)
(12)
(13)
(14)
The board shall have the power to sell or otherwise dispose of any personal
property used or useful in the operation of the electric and water system which
may be or become obsolete or otherwise determined by the board not to be
necessary in the operation of the electric and water system. Any bill of sale or
other instrument of conveyance shall be executed by the chairman of the board
and attested by the secretary of the board.
Make contracts and execute instruments containing such covenants, terms and
conditions as in the discretion of the board may be proper, necessary or
advisable for the purpose of obtaining loans from any source, or grants, loans
or other financial assistance from any governmental agency; make all other
contracts and execute all other instruments as in the discretion of the board
may be advisable in or for the furtherance of the operation, maintenance,
improvement or extension of any electric and water plant and the furnishing of
service; and carry out and perform the covenants, terms, and conditions of all
such contracts or instruments, as well as all contracts and instruments in
existence and effect at the time of the transfer of the property to the board as
herein provided.
Enter on any lands, waters and premises for the purpose of making surveys,
soundings and examinations in connection with the operation, maintenance,
improvement or extension of any electric and water plant and the furnishing of
service.
Do all acts and things necessary or convenient to carry out the powers
expressly given in KRS 96.171 to 96.188, except sell, convey or mortgage the
real property.
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 or both the purchase and sale of electric energy or power; and, in
connection with any such contract with a governmental agency, the board may
stipulate and agree to such covenants, terms, and conditions as it deems
appropriate, including, but without limitation, covenants, terms, and conditions
with respect to the resale rate, financial and accounting methods and the
manner of disposing of the revenues or any part thereof derived from the
operation of the plant as herein provided.
Acquire by purchase or the exercise of eminent domain all lands, easements,
rights of way, either upon or under or above the ground, reasonably necessary
or desirable in connection with the operation, maintenance or extension of an
electric and water plant.
The board shall have the power to accept the provisions of and conduct its
operations under the provisions of the Kentucky Workers' Compensation Act.
The board shall have the power to establish, create, provide and maintain a
pension plan for its employees, and to pay out of operating revenues, as an
operating expense, such portion of the cost of the creation and maintenance of
such pension plan as may be properly payable by the board.
History: Created 1946 Ky. Acts ch. 212, sec. 7.
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