48-2336
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48-2336. General powers of board A. The board shall, for and in the name of the district: 1. Acquire in any lawful manner, lands, easements and other property, real and personal, of every kind, necessary or required for the uses and purposes of the district. 2. Construct, maintain, operate and keep in repair all works and other property acquired and used for any of the purposes of or owned by the district. 3. Accept appointment or other authorization and act as the agent of or otherwise represent or act for all or any part of the owners or occupants of the land within the district in any and all matters pertaining to the purposes of this chapter. 4. Pledge all or any portion of its income, revenue and receipts, from any source derived, for the additional security and payment of any of its bonds and make, execute, acknowledge and perform any and all contracts, agreements and obligations it deems advisable for the interest of the district or to carry out or accomplish any of the purposes authorized or permitted by this chapter. 5. For the purpose of acquiring a supply of electric power to serve the customers within the district's service area, the board, for and in the name of the district, may acquire, own, lease, construct, operate, equip and maintain or contract for, severally or in common with others, electric generating and transmission facilities without the boundaries of the state, or to contract for a supply of electric power without the boundaries of the state. All of the powers in this paragraph 5 are subject to the following limitations: (a) The district may acquire, own, lease, construct, operate, equip and maintain or contract for, severally or in common with others, transmission facilities without the boundaries of the state. (b) The district may acquire, own, lease, construct, operate, equip and maintain, severally or in common with others, electric generating facilities without the boundaries of the state if such electric generating facilities are constructed in accordance with contracts entered into by the district prior to March 1, 1966. (c) The district may acquire, own, lease or contract for, in common with other electrical distributors, electric generating facilities without the boundaries of the state if such facilities are constructed and operated by such other electrical distributors. (d) The district may acquire, own, lease, construct, operate, equip and maintain or contract for, severally or in common with others, electric generating facilities without the boundaries of the state, provided, however, at least two years prior to the commencement of the construction thereof the district shall establish reasonable standards and conditions for the participation by other electrical distributors in such electric generating facilities and shall within thirty days thereafter notify by registered mail all electrical distributors which may be able to meet such standards and conditions. Said standards and conditions shall include ownership participation, power requirements of the district and prospective participants, limitations concerning geographical proximity, electric and economic feasibility, existing facilities and reserve capabilities of participants. Such other electrical distributors who may be interested in participating in such electric generating facilities shall be given an opportunity to participate therein if they shall meet said reasonable standards and conditions for participation. Said standards and conditions shall not discriminate as between all participants. If, eighteen months prior to commencement of construction, no electrical distributor has expressed a desire to participate in such facilities in accordance with said standards and conditions, the district may proceed with the construction thereof severally. (e) The district may contract for a supply of electric power without the boundaries of the state if the district does not acquire legal title to the electric generating facilities from which the electric power supply contracted for is furnished. (f) Any facilities acquired, purchased, leased, constructed, operated, equipped or maintained by the district in accordance with the provisions of this paragraph 5 may be financed and paid for in the same manner as other property acquired by the district is financed. (g) For the purpose of this paragraph 5, "electrical distributors" shall mean both public and private electrical distributors owning directly or through its members generation, transmission and distribution facilities. B. For the purpose of acquiring or assuring a supply of electric power and energy to serve the district's customers, the board, for and in the name of the district may, without the boundaries of the state, acquire, develop, own, lease, purchase, construct, operate, equip, maintain, repair and replace, and contract for, severally or in common with others, any form of energy or energy resources including but not limited to coal, oil, gas, oil shale, uranium and other nuclear materials, hot water, steam and other geothermal materials or minerals, solar energy, wind, water and water power, and compressed air, together with land and any interest therein and all works, processing and transportation facilities, equipment, mechanical and chemical devices, materials and supplies used or useful for any and all of such energy resources or energy forms. Any such form of energy or energy resources and any works, facilities, equipment, mechanical and chemical devices, materials and supplies, acquired, developed, purchased, leased, constructed, operated, equipped, maintained, repaired and replaced by the district pursuant to this paragraph may be financed and paid for in the same manner as other property acquired by the district is financed. |