247.440. Powers of board.
Powers of board.
247.440. For the purpose of providing a water supply for thepublic water supply districts, cities, towns, villages and otherpolitical subdivisions within the district, the district and, onits 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 andproceedings;
(4) To enter into contracts, franchises and agreements withany person, partnership, association or corporation, public orprivate, affecting the affairs of the district, includingcontracts with any municipality, district, or state, or theUnited States, and any of their agencies, political subdivisionsor instrumentalities, for the planning, development,construction, acquisition or operation of any public improvementor facility, or for a common service, relating to the furnishingof a water supply to the constituent governmental unit;providing, that a notice shall be published for bids on allconstruction 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 qualifiedelectors, as herein provided, to borrow money and incurindebtedness and evidence the same by certificates, notes ordebentures, and to issue bonds, either general obligation orspecial bonds, in accordance with the provisions of sections247.230 to 247.670; whenever any indebtedness has been incurredby a district, it shall be lawful for the board to levy taxes andcollect revenue for the purpose of creating a reserve fund insuch amount as the board may determine to meet the obligations ofthe district;
(6) To acquire, dispose of and encumber real and personalproperty, water wells, pumping stations and other water supplyfacilities, and fire hydrants and any interest therein, includingleases and assessments; to build, acquire by purchase orotherwise, enlarge, improve, extend and maintain a system ofwater works;
(7) To refund any bonds, either general obligation orspecial revenue of the district without an election. The termsand conditions of refunding bonds shall be substantially the sameas those of the original issue of bonds, and the board shallprovide for the payment of interest at not to exceed the legalrate, and the principal of such refunding bonds in the samemanner as is provided for the payment of interest and principalof bonds refunded;
(8) To have the management, control and supervision of allthe business and affairs of the district, and the construction,installation, operation and maintenance of district improvementstherein;
(9) To hire and retain agents, employees, engineers andattorneys;
(10) To have and exercise the power of eminent domain and inthe manner provided by law for the condemnation of privateproperty for public use to take any property within the districtnecessary to the exercise of the powers herein granted;
(11) To receive and accept by bequest, gift or donation anykind of property;
(12) To adopt and amend bylaws and any other rules andregulations not in conflict with the constitution and laws ofthis state, necessary for the carrying on of the business,objects and affairs of the board and of the district, and torefer to the proper authorities for prosecuting any infractionthereof detrimental to the district;
(13) To fix rates for the sale of water and provide for thecollection of said rates. The rates or charges so fixed shall,at all times, be reasonable, but in determining thereasonableness of rates or charges, the board shall take intoconsideration the sum or sums required to retire outstandingspecial obligation bonded indebtedness of the district and theinterest accruing thereon, the need for the extension of mains,repairs, depreciation, enlargement of plant, adequate service,obsolescence, overhead charges, operating expenses and the needof an operating fund out of which the district may protect itselfin emergencies and out of which the incidental expenses of thedistrict may readily be met;
(14) To lay mains in public highways, roads, streets andalleys included in the district, but the same shall be done underreasonable rules and regulations of governmental bodies havingjurisdiction of such public places. This shall apply tomaintenance 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 regardmust be taken of the rights of the public in its use ofthoroughfares and the equal rights of other utilities thereto;
(15) To have and exercise all rights and powers necessary orincidental to or implied from the specific powers granted herein.Such specific powers shall not be considered as a limitation uponany power necessary or appropriate to carry out the purposes ofsections 247.230 to 247.670.
(L. 1949 p. 350 § 21)