12-808a.   Electric or gas utility outside city limits; eminent domain;determination of rates.Whenever the governing body or the board of public utilities of any cityowning or operating an electric or gas utility, any part of which isdefined as a public utility under K.S.A. 66-104, shall deem itnecessary for the proper construction, operation and management of suchpublic utility, said governing body or board shall have and are herebygranted the power of eminent domain outside the corporate limit of suchcity, within the area subject to the jurisdiction and control of thecorporation commission.

      Subject to the approval of the corporation commission, every suchutility shall have and is hereby granted the power and authority todetermine the rate for service within any area located outside of and morethan three (3) miles from the corporate limits of a city. However, nothingherein shall be construed as affecting the validity of rates, charged toconsumers in such areas by a municipally owned or operated gas or electricutility, which have been established and are in effect on the effectivedate of this act, but any change in such rates shall be subject to theapproval of the corporation commission and must receive the commission'sapproval before said rates shall become effective.

      History:   L. 1968, ch. 333, § 8; March 30.