{"data":{"id":"us-ky/krs-96.175","jurisdiction":"us-ky","citation":"KRS 96.175","heading":"Powers of board.","body":"Any board operating under the provisions of KRS 96.171 to 96.188 shall have the legal\npower and capacity to perform any act not repugnant to law and shall have the express\npower and capacity to do any and all acts or things necessary or convenient for the\ncarrying out of the purposes of KRS 96.171 to 96.188, including, but not by way of\nlimitation, the following express powers:\n(1) Acquire property, real and personal, tangible and intangible, necessary or incident to\nthe proper conduct of its business.\n(2) Operate, maintain, improve and extend the electric and water plant, and provide\nelectric and water service to any user or consumer within and without the\nboundaries of any municipality, and charge and collect reasonable rates therefor.\n(3) Fix and determine classifications, rates and charges for services; provided, however,\nthe rates and charges so fixed and determined at all times shall be sufficient to\nproduce revenues sufficient to pay all operating expenses, interest, and bond\nrequirements, sinking fund  requirements, adequate depreciation reserves, taxes, or\npayments in lieu of taxes, and reserves for contemplated extensions and\nimprovements.\n(4) Construct, lease, operate and control any and all works, lines, buildings and other\nfacilities across, along or under any street or public highway, and over any lands\nwhich are now or may be the property of the Commonwealth or of any county or\nmunicipality within this Commonwealth. The board shall, however, at its own\nexpense, restore any such street or highway t o its former condition and state as\nnearly as may be possible and shall not use the same in a manner as to impair its\nusefulness or to interfere with or obstruct the maintenance thereof. Before\nexercising these powers the board shall obtain a permit or con sent or approval in\nwriting from the governing authority of the municipality, or the fiscal court, or the\nDepartment of Highways, having appropriate jurisdiction over any and all of such\nrespective streets or public highways.\n(5) Accept gifts, grants of property, real or personal, including money, from any person,\nmunicipality, or federal agency, and to accept voluntary and uncompensated\nservices; provided, however, that when engineering services are required by the\nboard no engineer or firm with which he is associated who is engaged in whole or in\npart in the business of buying or selling any electric or water equipment, machinery,\nfixtures, materials, supplies, or the sale or purchase of bonds shall be eligible for\nemployment or for any service whatsoever under the provisions of KRS 96.171 to\n96.188.\n(6) Contract debts and borrow money for the improvement and extension of any electric\nand water plant or for the refinancing of any existing bonded indebtedness on the\nproperty or any portion thereof, issue bon ds therefor, provide for the rights of\nholders of the bonds and to secure the bonds as hereinafter provided, and pledge all\nor any of the net revenue derived from the electric and water plant to the payment of\nsuch debts or repayment of money borrowed.\n(7) The title to any property, real or personal, which the board may acquire shall vest in\nthe municipality for the use and benefit of the electric and water system. The board\nshall have the power to sell or otherwise dispose of any personal property used or\nuseful in the operation of the electric and water system which may be or become\nobsolete or otherwise determined by the board not to be necessary in the operation\nof the electric and water system. Any bill of sale or other instrument of conveyance\nshall be executed by the chairman of the board and attested by the secretary of the\nboard.\n(8) Make contracts and execute instruments containing such covenants, terms and\nconditions as in the discretion of the board may be proper, necessary or advisable\nfor the pu rpose of obtaining loans from any source, or grants, loans or other\nfinancial assistance from any governmental agency; make all other contracts and\nexecute all other instruments as in the discretion of the board may be advisable in or\nfor the furtherance of the operation, maintenance, improvement or extension of any\nelectric and water plant and the furnishing of service; and carry out and perform the\ncovenants, terms, and conditions of all such contracts or instruments, as well as all\ncontracts and instrume nts in existence and effect at the time of the transfer of the\nproperty to the board as herein provided.\n(9) Enter on any lands, waters and premises for the purpose of making surveys,\nsoundings and examinations in connection with the operation, maintenance ,\nimprovement or extension of any electric and water plant and the furnishing of\nservice.\n(10) Do all acts and things necessary or convenient to carry out the powers expressly\ngiven in KRS 96.171 to 96.188, except sell, convey or mortgage the real property.\n(11) 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 electric energy or power; and, in connection wit h\nany such contract with a governmental agency, the board may stipulate and agree to\nsuch covenants, terms, and conditions as it deems appropriate, including, but\nwithout limitation, covenants, terms, and conditions with respect to the resale rate,\nfinancial and accounting methods and the manner of disposing of the revenues or\nany part thereof derived from the operation of the plant as herein provided.\n(12) Acquire by purchase or the exercise of eminent domain all lands, easements, rights\nof way, either upon or under or above the ground, reasonably necessary or desirable\nin connection with the operation, maintenance or extension of an electric and water\nplant.\n(13) The board shall have the power to accept the provisions of and conduct its\noperations under the provisions of the Kentucky Workers' Compensation Act.\n(14) The board shall have the power to establish, create, provide and maintain a pension\nplan for its employees, and to pay out of operating revenues, as an operating\nexpense, such portion of the cost of the creation and maintenance of such pension\nplan as may be properly payable by the board.","path":["KRS Chapter 96"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=26188","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:57Z","sha256":"30de2f3848f1da40ac616be3fe38a11a306b5bab7825bf6767cbb1a2ed37d66c","source_id":"us-ky","stale":false,"prev":"us-ky/krs-96.174","next":"us-ky/krs-96.176"},"notice":"GroundRules: Original legal text. Not legal advice."}