KRS § 96.175 — KY Code / Title IX / Chapter 96 / Section 96.175
96.175 Powers of board
Status: in_force

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. 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.

(8) 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.

(9) 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.

(10) 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.

(11) 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.

(12) 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.

(13) The board shall have the power to accept the provisions of and conduct its

operations under the provisions of the Kentucky Workers' Compensation Act.

(14) 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.