City of Cimarron v. Midland Water, Light & Ice Co.

Citations

• 110 Kan. 812
• 205 P. 603
• 1922 Kan. LEXIS 156

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Cities — Contract With Private Corporation to Furnish City With Electricity — Rates Under Contract Subject to Regulation by Public Utilities Commission. Where an electric light plant owned by a city and used by it to furnish light, heat and power for itself and for its residents, proves inadequate to the demands upon it and the city enters into a fifteen-year contract to obtain current at an agreed price from a company engaged in furnishing electricity to the people of one city and to several other cities, such company in entering into such contract acts as a public utility and is subject to regulation by the public utilities commission with reference thereto.</p> <p>2. Same. Where a city under a statutory power to contract for electric current enters into a fifteen-year contract with a private corporation to furnish it at an agreed price with electricity for its own use, and for its distribution to its residents on such terms as it shall see fit, the public utilities commission under a statute passed before the making of the contract, giving it power to regulate the charges of public utilities, may authorize an increase in the rates fixed in such contract — that is, it may release the company from the obligation to continue furnishing service at1 the contract rates.</p> <p>3. Same — Pleading Incidental Matters. Allegations in the petition concerning other matters are held to be merely incidental to the complaint concerning the increase of rates.</p>