The Board shall have all of the authority granted to it under KRS 96.550 through 96.900 and in addition thereto shall have full authority to:
a. Hold Property. Acquire, hold and dispose of property, real and personal, tangible and intangible, necessary or incident to the proper conduct of its business, pursuant to KRS 96.570.
b. Control Water and Sewer Plants. Construct, acquire, own, lease, operate, maintain and improve the water and sewer plants and provide water and sewer service to any user or consumer within and without the boundaries of any municipality and charge and collect reasonable rates therefore.
c. Operate Pipelines, Etc. Construct, own, lease, operate and control any and all works, pipelines, 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 water and sewer system shall, however, at its own expense, restore any such street or highway in 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 City or the Fiscal Court or the Department of Highways having appropriate jurisdiction over any and all of such respective streets or public highways.
d. Accept Gifts. Accept gifts, grants of property, real or personal, including money from any person, municipality or federal agency or both, and to accept voluntary and uncompensated services; provided, however, when engineering services are required by any municipality or any board or any appraisers or Board of Appraisers, appointed pursuant to the provisions of this Chapter, to render any services authorized or required or incident to surveys, plans, estimate of cost or the valuation of property or in the preparation of reports authorized by this Chapter, no engineer who is engaged in whole or in part in the business of buying or selling equipment machinery, fixtures, materials, supplies, or the sale or purchase of bonds shall be eligible for employment or for any services whatsoever under the provisions of this Chapter, pursuant to KRS 96.570.
e. Issue Bonds. To issue bonds to finance improvements, provide for the rights of holders of the bonds and to secure the bonds as hereinafter provided and pledge all or any of the needed revenues derived from the water and sewer service to the payment of such debts or repayment of money borrowed.
f. Make Property Transactions. Acquire, hold and dispose of any property, real or personal, tangible or intangible or any right or interest in any such property in connection with any water or sewer plants and whether or not subject to mortgages, liens, charges or other encumbrances.
g. Contracts. Make contracts and execute instruments containing such covenants, terms and conditions as in the discretion of the Board may be necessary, proper or advisable for the purpose of obtaining loans from any source or grants thereon or other financial assistance from any governmental agency, including but without limitation, covenants, terms and conditions with respect to the acquisition or construction of the water and sewerage system or any improvement thereto with money in whole or in part borrowed from or granted by 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 improvement, operation and maintenance of the water and sewer plant and furnishing water and sewer service; and carry out and perform the covenants, terms and conditions of all such contracts or instruments.
h. Conduct Surveys. Enter on any lands, waters and premises for the purpose of making surveys, soundings and examinations in connection with the acquisition, improvement, operation or maintenance of any water line and the furnishing of water and sewer services.
i. Execute All Powers. Do all acts and things necessary or convenient to carry out the powers expressly given in this Chapter.
j. Additional Contract Power. Make any contracts necessary or convenient for the full exercise of the powers herein granted, or as provided in Kentucky Revised Statutes.
k. Power Subject to State Law. In the management and operation of the utility, the Board’s powers shall be subject to all relevant and pertinent provisions of the Kentucky Revised Statutes.
l. Future Improvements. The right to make all future improvements, to issue bonds and provide for the payment thereof shall be subject to provisions of the Kentucky Revised Statutes.
m. Establish, Charge and Collect Utility Fees. The Board shall have the express authority to establish, charge and collect privilege fees from customers connecting to the extended utility lines described in KRS 96.539 for the purpose of making the refunds to the person (including the Board and/or the City where applicable) who have paid for the construction of water or sewer line extensions to unserved customers and areas, and the privilege fees so established shall not require approval by the Board of Commissioners of the City. The Board shall also have the power to continue to charge and collect privilege fees established prior to the effective date of KRS 96.539 (July 15, 1980), under contract or by any rule, regulation or resolution of the Board or its predecessor.
(Ord. BG80-63, S27-40, 7/15/80; Ord. BG80-62, 7/8/80; Ord. BG2001-5, 2/20/2001; Ord. BG2014-11, 6/3/2014)