Summary
In Barr v. City Council of Augusta, 206 Ga. 756 (58 S.E.2d 825), where the City of Augusta by ordinance required users of water outside the city limits to pay double the city water rate, such ordinance was held to be valid as against the attack that such rates were unreasonable and discriminatory.
Summary of this case from Messenheimer v. WindtOpinion
17015.
APRIL 10, 1950.
Petition for injunction. Before Judge G. C. Anderson. Richmond Superior Court. December 23, 1949.
Cumming, Nixon Eve, for plaintiffs.
William P. Congdon, Congdon, Harper Leonard, and Fulcher Fulcher, for defendant.
This case is controlled by the rulings made in Barr v. City Council of Augusta (cases Nos. 17013 and 17014), ante, 750, 753.
Judgment affirmed. All the Justices concur.
No. 17015. APRIL 10, 1950.
W. W. Barr, and 33 of the plaintiffs named in cases Nos. 17013 and 17014, filed a separate action on the same date against the City Council of Augusta, alleging: The plaintiffs own property in what is known as Forrest Hills, which lies wholly without the corporate limits of the city, which property, on May 3, 1926, was owned by Forrest Hills Corporation, predecessor in title of the plaintiffs. By act of the General Assemble, the defendant was authorized to enter into contracts for the use of water beyond the corporate limits of the city. In the ownership and operation of its waterworks the defendant has not been engaged in a governmental capacity, but has been conducting a public-service utility, and irrespective of specific legislative power to do so, it is authorized to enter into valid and binding contracts with reference to the furnishing of water at a reasonable charge. On May 3, 1926, the defendant entered into a contract with Forrest Hills Corporation, whereby it was agreed that the defendant would charge for water to consumers within the area of Forrest Hills the same price charged for similar services within the corporate limits of the city. In consideration of the obligation of the defendant under the terms of the contract, Forrest Hills Corporation agreed to perform certain services, which have been fully performed. The underground improvements of the water-works system on the lands then owned by Forrest Hills Corporation were conveyed to the defendant without cost; and since that time the defendant has not expended public money for installation, maintenance, or operation of the system. The plaintiffs, relying upon the performance in good faith of the defendant of its obligation to furnish water, have erected valuable improvements on property owned by them. On March 7, 1949, a resolution was adopted by the defendant, requiring users of water outside the city to pay double the rates charged in the city. The defendant claims the right to discontinue water service to the plaintiffs if they fail to pay the higher rate. The contract between the defendant and Forrest Hills Corporation is a valid, binding contract. The plaintiffs are willing to pay, and make a continuing tender of payment, for water at rates charged residents of the city. If the plaintiffs fail to pay the double water rate, their water supply will be discontinued, with jeopardy to their comfort, convenience, and health, and to property values. If the plaintiffs are not granted an injunction to restrain the defendant from enforcing the rates in excess of those charged the citizens of Augusta, the plaintiffs will be required to pay the excessive charges. They prayed that the defendant be enjoined from making a charge in excess of that charged citizens of Augusta, and from discontinuing their water service, and for other relief.
The defendant's general demurrers were sustained, and the exception is to that judgment.