13-1223. Same; powers and duties of board; purchasing agent, powers and duties; governing body of city, powers and duties; ability to sue and be sued; personal liability of member or employee of board. The board of public utilities shall have exclusive control of the daily operation of the water plant and the electric-light plant and shall be charged with the duty of producing and supplying the city and its inhabitants with water and electric energy for domestic and industrial purposes and for public use in the city, and subject to the provisions of K.S.A. 66-104 and 66-131, may sell and dispose of any surplus outside of the city. Except for attorneys, it shall have power to hire and discharge all employees, agents and officers of the water and light departments and fix their compensation. The board may pay the cost of group hospitalization, surgical benefits, and insurance for its employees. The purchasing agent for the board shall purchase all supplies and make all contracts for services and equipment required by the board or any department thereof, and shall keep true and accurate records of all such purchases and contracts. The purchasing agent shall make monthly reports to the board of all purchases made or contracts entered, and for which department such were made. Prior to making a purchase of a commodity other than fuel or entering into a contract for supplies or services, either of which involves an expenditure of more than ten thousand dollars, the purchasing agent shall advertise for bids thereon in a daily newspaper designated by the board. No advertisement for bids shall be required in the event of an emergency or for services requiring specialized products or skills.
The board may in the name of and on behalf of the city take and hold by purchase, gift, devise, bequest or otherwise such franchises and real or personal property either within or without the city as may be necessary or convenient to carry out the purposes for which it is established but no real property or improvements thereon shall be sold by the board unless such sale is approved by the governing body of the city.
It shall be the duty of the governing body of the city when requested by the board to enact such ordinances as may be deemed necessary by the city for the protection of the water and light plants, and to institute condemnation proceedings whenever, in the judgment of the city, private property should be taken in the name of the city for water plant or electric-light plant purposes. Both the board and the city may establish all reasonable rules and regulations to protect the rights and property vested in the city and under control of the board. Both the board and the city may issue vouchers or warrants in payment of all claims and accounts incurred by the board for the respective departments, which vouchers or warrants when approved by either the board or the city shall be authority to the city treasurer acting in the capacity of the ex officio treasurer of the board to pay and charge the same against the proper funds. The board also shall have such other powers as may be necessary for the proper discharge of its duties.
The board may sue and be sued but only in the name of and on behalf of the city except it shall have no standing in any court as a party plaintiff in any litigation against the city.
The board or any employee of the board shall be personally liable for any expenditure or loss incurred by the city through failure or refusal of the board, or such employee, to comply with any ordinance adopted by such city under authority granted by this act, or the act of which this section is amendatory.
History: L. 1929, ch. 126, § 4; L. 1967, ch. 105, § 1; L. 1968, ch. 333, § 5; L. 1977, ch. 66, § 3; L. 1980, ch. 72, § 3; April 14.
Structure Kansas Statutes
Chapter 13 - Cities Of The First Class
13-1209 Purchase, construction or extension of waterworks; jurisdiction of city over grounds.
13-1213 Bonds for utilities in cities over 50,000; submission to vote.
13-1216 Railway franchise in cities over 75,000; election.
13-1220 Board of public utilities, any city; administrative agency, duties.
13-1221 Same; membership; term; elected officers and secretary; vacancies; elections by district.
13-1221a Same; ratification of prior appointments.
13-1222 Same; meetings, records, quorum, salary and expenses, qualifications.
13-1223a Same; collection of sewer service charges.
13-1224 Same; manager of production and distribution; qualifications; duties; salary; bond.
13-1225 Same; manager of collections and accounts; qualifications; duties; bonds.
13-1226 Same; how appointments made; legal services to be provided by city attorney's office.
13-1227 Same; water rates; fire hydrants.
13-1228 Same; electricity rates; street lighting equipment and traffic signal equipment.
13-1228a Board of public utilities; rate increases; notice; procedure.
13-1228c Same; application for review.
13-1228d Same; notice of review.
13-1228e Same; delivery of transcript to court; review by district court.
13-1228f Same; stay or suspension of increase.
13-1228h Same; appeal to court of appeals.
13-1228i Same; pending actions.
13-1228j Same; invalidity of part.
13-1229 Same; use and investment of sinking funds; record and report.
13-1230 Same; treasurer; duties; bond.
13-1231 Same; bonds; election.
13-1232 Same; general obligation bonds; limitations.
13-1234a Same; invalidity of part.
13-1234b Bonds for street lighting and traffic signals in certain first class cities.
13-1234c Same; cost estimates, plans and specifications.
13-1237 Same; certain contracts prohibited; exception.
13-1239 Same; definition; recitals; negotiability.
13-1240 Same; city not obligated; sale to federal government; lien on revenues.
13-1241 Same; maturity; tax levy not authorized.
13-1242 Same; payment; rates and charges; sinking fund.
13-1243 Same; contracts; rentals; conditions and safeguards; annual audit, filing.
13-1245 Same; act supplemental.
13-1246 Retirement pension plan for employees and dependents in cities over 120,000; agreement.
13-1249 Same; rules and regulations.
13-1250a Federal old-age and survivors insurance for employees in cities over 120,000; referendum.
13-1252 Revenue bonds for water and electricity in certain cities over 120,000; definitions.
13-1254 Same; revenue fund; use.
13-1255 Same; liens on revenues of utility; recitals; negotiability.
13-1257 Revenue bonds for water and electricity in certain cities; terms; limitation.
13-1258 Same; payment of bonds; rates, fees or charges; covenants, agreements and restrictions.
13-1259 Same; issuance of bonds; publication notice; protest; election.
13-1260 Same; issuance of bonds; duties of city officers; election; expenses.
13-1261 Same; repairs and improvements of utility; compliance with federal acts or rules.
13-1263 Same; act supplemental.
13-1264 Same; invalidity of part.
13-1270 Same; utilities having bonded indebtedness.
13-1271 Same; transfer of funds; limitation.
13-1272 Same; transfer of funds; determination of amount.
13-1273 Same; transfer of funds not authorized if general obligation bonds outstanding; exceptions.
13-1274 Same; allocation of transferred moneys.
13-1276 Same; determination as to customers and outstanding bonds.