478.14 - SERVICE FURNISHED.
478.14 SERVICE FURNISHED. Any city which owns or operates a system for the distribution of electric light or power, and which has obtained electric energy for such distribution from any person or firm or corporation owning or operating an electric light and power plant or transmission line, shall be entitled to have the service reasonably needed by such municipality and its patrons continued at and for a reasonable rate and charge and under reasonable rules of service. It shall be unlawful for the owner or operator of such light and power plant or transmission line to disconnect or discontinue such service (except during nonpayment of reasonable charges) so long as such operator holds or enjoys any franchise to go upon or use any public streets, highways, or grounds. Until the municipality and the operator shall agree upon a rate or charge for such service the municipality shall pay and the operator shall accept the rate provided in the expired contract if any existed, and if none existed then the rate before paid. This shall be without prejudice, however, to the right of either party to test in court or before any lawfully constituted rate-making tribunal the reasonableness of such rate. This section shall not apply if the original service to the municipality was given in case of emergency or for any other temporary purpose.
Section History: Early Form [C24, 27, 31, 35, 39, § 8321; C46, 50, 54, 58, 62, § 489.13; C66, 71, 73, 75, § 489.14; C77, 79, 81, § 478.14]