Section 247.440

Title XV LANDS, LEVEES, DRAINAGE, SEWERS AND PUBLIC WATER SUPPLY

Chapter 247

Effective - 28 Aug 1949   

  247.440.  Powers of board. — For the purpose of providing a water supply for the public water supply districts, cities, towns, villages and other political subdivisions within the district, the district and, on its behalf, the board shall have the following powers, authorities and privileges:

  (1)  To have perpetual existence;

  (2)  To have and use a corporate seal;

  (3)  To sue and be sued, and be a party to suits, actions and proceedings;

  (4)  To enter into contracts, franchises and agreements with any person, partnership, association or corporation, public or private, affecting the affairs of the district, including contracts with any municipality, district, or state, or the United States, and any of their agencies, political subdivisions or instrumentalities, for the planning, development, construction, acquisition or operation of any public improvement or facility, or for a common service, relating to the furnishing of a water supply to the constituent governmental unit; providing, that a notice shall be published for bids on all construction or purchase contracts for work or material or both, except the authority contained in subdivision (9) below, involving an expense of two thousand dollars or more;

  (5)  Upon the approval of the necessary number of qualified electors, as herein provided, to borrow money and incur indebtedness and evidence the same by certificates, notes or debentures, and to issue bonds, either general obligation or special bonds, in accordance with the provisions of sections 247.230 to 247.670; whenever any indebtedness has been incurred by a district, it shall be lawful for the board to levy taxes and collect revenue for the purpose of creating a reserve fund in such amount as the board may determine to meet the obligations of the district;

  (6)  To acquire, dispose of and encumber real and personal property, water wells, pumping stations and other water supply facilities, and fire hydrants and any interest therein, including leases and assessments; to build, acquire by purchase or otherwise, enlarge, improve, extend and maintain a system of water works;

  (7)  To refund any bonds, either general obligation or special revenue of the district without an election.  The terms and conditions of refunding bonds shall be substantially the same as those of the original issue of bonds, and the board shall provide for the payment of interest at not to exceed the legal rate, and the principal of such refunding bonds in the same manner as is provided for the payment of interest and principal of bonds refunded;

  (8)  To have the management, control and supervision of all the business and affairs of the district, and the construction, installation, operation and maintenance of district improvements therein;

  (9)  To hire and retain agents, employees, engineers and attorneys;

  (10)  To have and exercise the power of eminent domain and in the manner provided by law for the condemnation of private property for public use to take any property within the district necessary to the exercise of the powers herein granted;

  (11)  To receive and accept by bequest, gift or donation any kind of property;

  (12)  To adopt and amend bylaws and any other rules and regulations not in conflict with the constitution and laws of this state, necessary for the carrying on of the business, objects and affairs of the board and of the district, and to refer to the proper authorities for prosecuting any infraction thereof detrimental to the district;

  (13)  To fix rates for the sale of water and provide for the collection of said rates.  The rates or charges so fixed shall, at all times, be reasonable, but in determining the reasonableness of rates or charges, the board shall take into consideration the sum or sums required to retire outstanding special obligation bonded indebtedness of the district and the interest accruing thereon, the need for the extension of mains, repairs, depreciation, enlargement of plant, adequate service, obsolescence, overhead charges, operating expenses and the need of an operating fund out of which the district may protect itself in emergencies and out of which the incidental expenses of the district may readily be met;

  (14)  To lay mains in public highways, roads, streets and alleys included in the district, but the same shall be done under reasonable rules and regulations of governmental bodies having jurisdiction of such public places.  This shall apply to maintenance and repair jobs.  In the construction of ditches, laying of mains, filling of ditches after mains are laid, connection of service pipes and repairing of lines, due regard must be taken of the rights of the public in its use of thoroughfares and the equal rights of other utilities thereto;

  (15)  To have and exercise all rights and powers necessary or incidental to or implied from the specific powers granted herein.  Such specific powers shall not be considered as a limitation upon any power necessary or appropriate to carry out the purposes of sections 247.230 to 247.670.

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(L. 1949 p. 350 § 21)