Link v. Public Utilities Commission

Citations

• 102 Ohio St. (N.S.) 336

Syllabus

<p>Municipal corporations — Contracts with public utilities — Section 4, Article XVIII, Constitution, 1912 — Self-executing provisions —lurisdiction of public utilities commission — Review of rates and terms — Ordinance a contract, when — Section 614-44, General Code — Steam and hot water rates.</p> <p>1. Section 4, Article XVIII of the Ohio Constitution, is self-executing and no action of the legislature is essential to empower a municipality and a public utility company to enter into a valid contract for the product or service of such utility company to be supplied to the municipality and its inhabitants.</p> <p>2. Where, by virtue of such constitutional provision, a valid contract is made by and between a municipality and a utility company for the product or service of such company to be furnished to the municipality or its inhabitants, the terms thereof are not subject to review by the Public Utilities Commission.</p> <p>3. Such contract may be entered into by the passage of an ordinance fixing the rate and terms of the designated product and service for a specified period, and by the duly filed written acceptance thereof by the company, and when so made obligates the company to furnish such product or service for the period and in accordance with the terms stipulated in the ordinance. •</p>