Georgia § 36-34-5 - Acquisition and construction of water and sewage systems.

§ 36-34-5. Acquisition and construction of water and sewage systems.

In addition to the other powers which it may have, any municipal corporation shall have the power under this chapter: To acquire by gift, by purchase, or by the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, and to extend any water system or sewage system, or both, within the municipal corporation; To acquire by gift, by purchase, or by the exercise of the right of eminent domain any lands, easements, rights in lands, and water rights in connection therewith; To operate and maintain any such systems for its own use and for: Public and private persons within the territorial boundaries of the municipal corporation who use the system; or Persons to whom the system is made available at the property owned by such persons; and To prescribe, revise, and collect rates, fees, tolls, or charges for the services, facilities, or commodities: Furnished to persons or users; or Made available by such systems to the property owner at such owner's property. When services are available but not used, the maximum rates, fees, tolls, or other charges imposed shall not exceed the minimum charge or fee imposed on a user of such system. The provisions of subparagraphs (a)(3)(B) and (a)(4)(B) of this Code section shall apply with respect to an individual residential property owner only in the case of a municipality or public water system or project thereof that is exempted from the provisions of subsections (a) and (b) of Code Section 36-60-17.1 pursuant to subsection (c) of such Code section. (Ga. L. 1962, p. 140, § 6; Ga. L. 1985, p. 1393, § 1; Ga. L. 2007, p. 737, § 1/HB 247.) Contracts between Department of Natural Resources and municipalities pertaining to furnishing of water supplies, § 12-5-72 . Powers and duties of Environmental Protection Division of Department of Natural Resources with regard to public water systems, § 12-5-170 et seq. Permits for operation of solid waste handling, disposal, facilities, § 12-8-20 et seq. Retention of contractual payments and creation of escrow accounts in contracts for installation, improvement of water or sewer facilities, § 13-10-81 . Exercise of power of eminent domain for construction and operation of waterworks, § 22-3-60 et seq. Cross references. - Powers and duties of Environmental Protection Division of Department of Natural Resources pertaining to sewage systems, waste treatment works, § 12-5-20 et seq. Code Commission notes. - Pursuant to Code Section 28-9-5, in 1985, a comma was added following "tolls" in the last sentence of subdivision (4) (now subdivision (a)(4)(B)). Law reviews. - For article, "Local Government and Contracts that Bind," see 3 Ga. L. Rev. 546 (1969). For article advocating centralizing industrial and domestic waste treatment by local statutory amendments, see 23 Mercer L. Rev. 603 (1972). For article surveying local government law in 1984-1985, see 37 Mercer L. Rev. 313 (1985). For annual survey of local government law, see 57 Mercer L. Rev. 289 (2005).