Central Iron & Steel Co. v. Harrisburg

Citations

• 271 Pa. 340
• 114 A. 258
• 1921 Pa. LEXIS 508

Syllabus

<p>Municipalities — Water rates — Classification of customers — Contract — Statutes—Repeal—Implied repeal — Cities of the third class —Acts of May 28,1889, and June 27,1918.</p> <p>1. Tbe Act of June 27, 1913, P. L. 568, by which a general plan was adopted for the government of cities of the third class, revised the whole subject-matter of the Act of May 23, 1889, P. L. 277, regulating municipal water works, and was intended as a substitute therefor, and repealed the former statute. Even if there had been no express repealing clause, there would have-been an implied repeal of the former statute.</p> <p>2. The provision in the earlier act for an annual adjustment of water rates in March by the board of water commissioners, which, after approval by councils, could not be changed during the water year, was repealed by the later act, by which the board of water commissioners was abolished, and the control of water rates vested in the council.</p> <p>3. Where a city of the third class undertakes of itself to furnish water to its inhabitants, it acts in the same capacity as a private corporation, and its contract relations are to be determined as are those of any water company.</p> <p>4. In such case, it is for the council to designate the rates to be charged, subject to the requirement of reasonableness, unless there is some contract, express or implied, by which the term of service at a fixed sum was determined.</p> <p>5. If the city stipulates to supply a customer under a special agreement for a special term at a fixed price, it will be held to its agreement; but the customer must establish the fact that there was such a contract, express or implied.</p> <p>6. The mere fact that water was furnished under an ordinance and was accepted and paid for monthly at the rate fixed by councils is not sufficient from which to imply an agreement to so furnish from year to year; besides there must be mutuality.</p> <p>7. A city may by ordinance provide that metered customers may pa