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13-1220. Board of public utilities, any city; administrative agency, duties. Any city may establish an administrative agency known as the board of public utilities of such city, to be elected in the manner hereinafter provided. The board shall manage, operate, maintain and control the daily operation of the water plant and electric-light plant of such city, and shall make all such rules and regulations as are necessary for the safe, economical and efficient operation and management of such water plants and electric-light plants. The board may also improve, extend or enlarge the water plants and electric-light plants as hereinafter provided, and furnish a supply of water, light, heat and power for domestic, industrial and municipal purposes.

History: L. 1929, ch. 126, § 1; L. 1980, ch. 72, § 2; L. 2015, ch. 88, § 19; July 1.

Law Review and Bar Journal References:

Statute mentioned, opinion of attorney general, 9 K.L.R. 101 (1960).

Attorney General's Opinions:

Cities; public utilities; formation of limited partnership to construct wind turbine system. 81-160.

Assistant city treasurer may not serve as member of public utilities board under incompatibility of offices doctrine. 92-139.

CASE ANNOTATIONS

1. Various objections to validity considered and not sustained. State, ex rel., v. McCombs, 129 Kan. 834, 284 P. 618.

2. Board need not comply with zoning ordinance in making improvements. Puhr v. Kansas City, 142 Kan. 704, 51 P.2d 911.

3. City is liable for negligent operation of light plant by board. Seely v. Board of Public Utilities, 143 Kan. 965, 972, 57 P.2d 471.

4. Board not independent, legal entity; city necessary party to damage action against board. Hubert v. Board of Public Utilities, 162 Kan. 205, 174 P.2d 1017.

5. Mentioned; act authorizing combined waterworks and sewage disposal systems held valid. City of Lawrence v. Robb, 175 Kan. 495, 501, 265 P.2d 317.

6. Section cited; ouster of members of Board of Public Utilities of Kansas City, Kansas, proper. State, ex rel., v. Cahill, 222 Kan. 570, 567 P.2d 1329.

7. This and following sections cited in holding board of public utilities an administrative agency of the city; authority to issue and sell bonds is vested in city, not board. Board of Public Utilities v. City of Kansas City, 227 Kan. 194, 195, 605 P.2d 151.


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