City of Emporia v. Emporia Telephone Co.

Citations

• 88 Kan. 443
• 129 P. 187
• 1913 Kan. LEXIS 364

Syllabus

<p>OPINION ON REHEARING.</p> <p>SYLLABUS BY THE COURT.</p> <p>1. Former Decision—Adhered to. The conclusion stated in the syllabus in City of Emporia v. Telephone Co., 87 Kan. 465, 124 Pac. 895, that the provisions of the old ordinance remain in force, including the rates prescribed therein, is upon rehearing adhered to.</p> <p>2. Mayor and Council—Authority to Contract—Telephone Services. The mayor and council of cities of the second class have no authority to contract for rates for a term of years for telephone services to be furnished to the inhabitants of the city after the state by direct legislation or through a commission, or other lawfully delegated authority, has acted upon the subject.</p> <p>3. Estoppel—Contract — Public Service Corporation — Cities. The principle of estoppel applicable to a public service corporation claiming that its contract with a city was ultra vires the municipal corporation is considered and applied.</p> <p>4. Telephone Charges—City Ordinance—Rates Binding. The rates for telephone charges prescribed in .an ordinance adopted and accepted in the year 1900, and agreed to by an assignee of the privileges granted by such ordinance in the year 1905 as a condition of the municipal consent to the transfer (such consent being necessary under the terms of the ordinance), will govern until action is taken by the state or by its authority.</p>