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

   (a) In addition to the other powers which it may have, any municipal corporation shall have the power under this chapter:

   (1) 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;

   (2) 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;

   (3) To operate and maintain any such systems for its own use and for:

      (A) Public and private persons within the territorial boundaries of the municipal corporation who use the system; or

      (B) Persons to whom the system is made available at the property owned by such persons; and

   (4) To prescribe, revise, and collect rates, fees, tolls, or charges for the services, facilities, or commodities:

      (A) Furnished to persons or users; or

      (B) 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.

(b) 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.