17 S.E.2d 55 | Ga. | 1941
Under the provisions of our Code, § 69-202, a contract made by a municipality with property owners, to exempt them from future sewer assessments, is ultra vires, even though upon faith of the agreement the property owners conveyed rights of way to the city and the city accepted and entered upon the same. Accordingly, a subsequent council of the municipality is not prevented from levying and enforcing proper sewer assessments against such property owners. The demurrer as predicated on the foregoing principle was properly sustained.
1. "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. In Horkan v. Moultrie,
There was no contention in the present case that the assessments were invalid for any reason, except upon the basis of exemption claimed by the property owners. While the demurrers raised other questions, in view of the fatal infirmity in the petition pointed out above, it is unnecessary to deal with any of them. The demurrers were properly sustained.
Judgment affirmed. All the Justices concur.