222 Ga. 610 | Ga. | 1966
The judgment under review is one sustaining a general demurrer to á petition seeking injunctive relief.
The petition also sets out an amendment to Section 26 adopted on October 14, 1965, which provides as follows: “Section 26-6. Water meters, separate connections required, (a) Each house, store, building, place of business, or residential premise which desires to have water service shall have a separate meter and be separately connected to said meter, except as herein provided, (b) A residential premise is defined as being: (1) A single family apartment unit; (2) A single family dwelling house; (3) A single family mobile home dwelling unit. (c) Where a multiple residential premise is served through a master meter, the owner of the multiple residential premise will be required
The plaintiff contended (a) that the city has violated the agreement and understanding that all of the mobile home spaces would be served by one master meter; (b) that the charge for each space is excessive and beyond the established legal rate; (c) that the charge is discriminatory and arbitrary; and (d) that the charge is a tax and violates certain stated provisions of the Federal and State Constitutions.
(a) The monthly minimum rate of $3.25 upon each “single family mobile home dwelling unit” is for the purchase of water supplied by the city and is not a tax. Collier v. City of Atlanta, 178 Ga. 575 (173 SE 853).
(b) The plaintiff contends that the city is bound by its agreement that in the event of annexation of its property to the city, the city would not charge the plaintiff in the future for the use of water in excess of the amount shown on the master meter. Such an agreement being ultra vires, it would not be binding on any future mayor and council and prevent them from enacting an ordinance changing or altering the terms of the purported agreement. “One council' may not by an ordinance bind itself or its successors so as to prevent free legislation in matters of municipal government.” Code § 69-202. “The fixing of water rates, from time to time, by a municipality, is a legislative and governmental power, and one council may not, by contract or ordinance, deprive succeeding councils of this legislative or governmental power. Code § 69-202; Horkan v. Moultrie, 136 Ga. 561, 563 (71 SE 785); Screws v. Atlanta, 189 Ga. 839, 843 (8 SE2d 16); Barr v. City Council of Augusta, . . . [206 Ga. 750 (58 SE2d 820)].” Barr v. City Council of Augusta, 206 Ga. 753 (2) (58 SE2d 823). The allegations in the petition show that the city did amend its ordinance relating to water rates covering the water service to a multiple residential premise which is applicable to the plaintiff’s mobile home px’operty.
The allegations in the petition are insufficient to show that the amended ordinance of October 14, 1965, fixing the rates affecting plaintiff’s multiple units of mobile homes is unconstitutional or invalid because.it is arbitrary or discriminatory.
The court did not err in sustaining the general demurrer and dismissing the petition.
Judgment affirmed.