The Agency created under this chapter is empowered:
(A) To have full and complete jurisdiction, control, possession and supervision of the sanitary and combined sewer systems in the county, including the maintenance, operation, reconstruction and improvements to the same as a regional comprehensive sanitary and combined sewer system; to make additions, betterments and extensions thereto; and to have all the privileges, and jurisdiction necessary or proper for carrying such powers into execution. No enumeration of powers shall operate to restrict the meaning of this general grant of power, or to exclude other powers comprehended within this general grant;
(B) To prepare or cause to be prepared, and to be thereafter revised and adopted, plans, designs and estimates of costs, of a system of trunk, intercepting, connecting, lateral and outlet sewers, pumping and ventilating stations, disposal and treatment plants and works, and all other appliances and structures which in the judgment of the Board will provide an effective and advantageous means for relieving the county from inadequate sanitary drainage and from inadequate sanitary disposal and treatment of the sewage thereof, and may take all steps the Board deems proper and necessary;
(C) To construct any additions, betterments and extensions to the facilities of the Agency by contract or under, through or by means of its own officers, agents and employees;
(D) To establish, construct, operate and maintain, as a part of the sanitary sewer system of the Agency, sewage treatment and disposal plants and systems and all the appurtenances and appliances there unto belonging. The sewage treatment and disposal plants may be located anywhere the Board deems expedient;
(E) To acquire and hold the personal property the Board deems necessary and proper for carrying out the corporate purposes of the Agency, and to dispose of personal property when the Agency has no further need therefor;
(F) To acquire by purchase, gift, lease or by condemnation, real property or any interest, right, easement or privilege therein, as the Board determines necessary, proper and convenient for the purposes of the Agency, and to use the same so long as the Agency’s existence continues. Condemnation proceedings may be instituted in the name of the Agency pursuant to a resolution of the Board declaring the necessity for the taking, and the method of condemnation shall be the same as provided in the Eminent Domain Act of the state. When the Board by resolution declares that any real property which it has acquired, or any interest therein, is no longer necessary or useful to the Agency, the real property and interest therein may be disposed of. If any property to be disposed of has been acquired by condemnation and has not been used by the Agency for the purpose condemned, the Agency shall first offer to sell the property back to the original owner for its then-existing fair market value;
(G) To make bylaws, regulations and agreements for the management and regulation of its affairs and for the regulation of the use of property under its control, including the power to establish pretreatment regulations;
(H) To make contracts and execute all instruments necessary or convenient in the premises;
(I) To recommend and initiate all user charges adequate to meet the projected revenue requirements necessary to maintain and operate the complete sanitary and combined sewer collection system and treatment facilities in a manner that complies with federal and state requirements;
(J) To borrow money and issue negotiable revenue bonds to provide for the rights of the holders thereof, and to assume existing financial obligations of any of the existing agencies;
(K) To enter any lands, waters and premises for the purpose of making surveys, soundings and examinations;
(L) To require payment by customers for wastewater service provided and tap-on fees;
(M) To discontinue service for non-payment and to make agreements with water service providers for the discontinuance of water service to delinquent customers;
(N) To approve or revise the plans and designs of all wastewater treatment facilities proposed to be constructed, altered or reconstructed, including, but not limited to, sewer lines and pump stations, by any other person or corporation, public or private, within the county, in order to ensure that such proposed construction, alteration or reconstruction shall conform to, and be a part of, a comprehensive wastewater plan for the county. No construction or extensions in the City of Paducah shall be started until, firstly, the City Engineer, and secondly, the Agency have approved the plans. No construction or extensions in the county outside the City of Paducah shall be started until, firstly, the County Engineer, and secondly, the Agency have approved the plans. These projects shall also be subject to inspection and supervision by the Agency;
(O) To prepare a budget annually for wastewater activities, effective beginning with fiscal year July 1, 1999; and
(P) To promote the public good by offering reasonable and prudent incentives to promote commercial and economic development efforts within the system where permitted by the laws of the commonwealth.
(Ord. 98-3, passed 9-14-1998; Ord. 98-03.2, passed 12-2-2002)