{"data":{"id":"us-ky/krs-106.210","jurisdiction":"us-ky","citation":"KRS 106.210","heading":"Powers and functions of water district commissioners and city legislative","body":"bodies.\nExcept as otherwise specifically provided in this chapter the water district commissioners\nof the water district and the legislative body of the municipalities shall exe rcise all\npowers conferred by virtue of this chapter. Any board operating under the provisions of\nthis chapter shall have the legal power and capacity to perform any act not repugnant to\nlaw and shall have the express power and capacity to do any and all a cts or things\nnecessary or convenient for the carrying out of the purposes of this chapter, including but\nnot by way of limitation, the following express powers:\n(1) Acquire, hold and dispose of property, real and personal, tangible and intangible,\nnecessary or incident to the proper conduct of its business;\n(2) Construct, acquire, own, lease, operate, maintain and improve plants or works for\nthe production, pumping, filtration, treatment, distribution or sale of water and may\nprovide water service to any user or consumer within and without the boundaries of\nsaid water district or municipality and may charge and collect reasonable rates\ntherefor;\n(3) Construct, own, lease, rent, operate and control any and all works, buildings,\nfacilities and equipment acros s, along, or under any street or public highway, and\nover any lands which are now or may be the property of the Commonwealth of\nKentucky or of any county or municipality within this Commonwealth. The water\ndistrict or municipality shall, however, at its own expense, restore any such street or\nhighway to its former condition and state as nearly as may be possible and shall not\nuse the same in a manner as to impair its usefulness or to interfere with or obstruct\nthe maintenance thereof. Before exercising thes e powers the board shall obtain a\npermit or consent or approval in writing from the governing authority of the\nmunicipality, or the fiscal court, or the Department of Highways having appropriate\njurisdiction over any and all of such respective streets or public highways;\n(4) Accept gifts, grants of property, real or personal, including money, from any person,\nmunicipality, or federal agency, or both, and to accept voluntary and uncompensated\nservices; Provided, however, that when engineering services are re quired by any\nwater district or municipality to render any services authorized or required or\nincident to surveys, plans, estimates of cost, or the valuation of property, or in the\npreparation of reports authorized by this chapter, no engineer who is engag ed in\nwhole or in part in the business of buying or selling any waterworks or water\ndistribution system equipment, machinery, fixtures, materials, supplies, or the sale\nor purchase of bonds shall be eligible for employment or for any services\nwhatsoever un der the provisions of this chapter. The limitations hereinabove\nprovided shall also apply to any firm of engineers and to any member of any firm of\nengineers, if the firm or member of the firm is engaged in whole or in part in the\nbusiness of buying or sel ling any waterworks or water distribution system\nmachinery, equipment, fixtures, materials, supplies, or the sale or purchase of\nbonds; and no such firm or member of such firm shall be eligible for employment or\nfor any service whatsoever under the provisi ons of this chapter. Provided, further,\nthat the provisions of this chapter shall not be construed to prohibit the board or the\ngoverning authority of any water district or municipality from obtaining the advice\nor services of any engineer in the regular e mployment of the state or any federal\ngovernmental agency;\n(5) Contract debts and borrow money for the acquisition or improvement of any water\nplant and appurtenances thereto, issue bonds to finance such acquisition or\nimprovement, provide for the rights o f holders of the bonds and to secure the bonds\nas hereinafter provided, and pledge all or any of the net revenues derived from sale\nof water to the payment of such debts or repayment of money borrowed;\n(6) Acquire, hold, and, subject to the provisions of t his chapter, and the applicable\nprovisions of any bonds or contracts, dispose of any property, real or personal,\ntangible or intangible, or any right or interest in any such property in connection\nwith any water plant and appurtenances thereto and whether or not subject to\nmortgages, liens, charges, or other encumbrances, subject to the provisions and\nrequirements of this chapter;\n(7) Make contracts and execute instruments containing such covenants, terms, and\nconditions as in the discretion of the board ma y be necessary, proper, or advisable\nfor the purpose of obtaining loans from any source, or grants, loans or other\nfinancial assistance from any governmental agency, including, but without\nlimitation, covenants, terms, and conditions with respect to the ac quisition or\nconstruction of any water plant and appurtenances thereto or any improvement\nthereto with money in whole or in part borrowed from or granted by any\ngovernmental agency; make all other contracts and execute all other instruments as\nin the discr etion of the board may be advisable in or for the furtherance of the\nacquisition, improvement, operation and maintenance of any water plant and\nappurtenances thereto and the furnishing of water service; and carry out and\nperform the covenants, terms, and conditions of all such contracts or instruments;\n(8) Enter on any lands, waters and premises for the purpose of making surveys,\nsoundings and examinations in connection with the acquisition, improvements,\noperation or maintenance of any water plant and appu rtenances thereto and the\nfurnishing of water service;\n(9) Do all acts and things necessary or convenient to carry out the powers expressly\ngiven in this chapter;\n(10) Make any contracts necessary or convenient for the full exercise of the powers\nherein granted, including, but not limited to, contracts for either the purchase or sale\nor both the purchase and sale of water and contracts for the acquisition or\nimprovement of all or any part of a water plant and appurtenances thereto; and in\nconnection with an y such contract with a governmental agency, the board may\nstipulate and agree to such covenants, terms, and conditions as the governing body\ndeems appropriate including, but without limitation, covenants, terms and\nconditions with respect to the resale rates, financial and accounting methods and the\nmanner of disposing of the revenue of the water plant and appurtenances thereto\nconducted and operated by the board.","path":["KRS Chapter 106"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=27145","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:50:09Z","sha256":"3ce749c39dd063774bd6faff951e379c026e4d8a9de8b6a65716e59a530ca956","source_id":"us-ky","stale":false,"prev":"us-ky/krs-106.200","next":"us-ky/krs-106.220"},"notice":"GroundRules: Original legal text. Not legal advice."}