CopyCited 4 times | Published | Supreme Court of Georgia | Oct 31, 2024 | 320 Ga. 239
...parcel of land,
4
The City is a Georgia municipal corporation and DWM is one
of its departments. DWM operates the City’s water and sewer
systems as an “enterprise fund” within the meaning of OCGA §
36-81-2 (7).3 It is the sole utility providing water and sewer services
to City residents.
City Ordinance 98-O-1920 (the “Franchise Fee Ordinance”)
levies a five percent charge on DWM’s gross revenue (the “Franchise
Fee”)....
...premises, or facility directing connection to available sewer, and
billing as provided in subparagraphs (a) through (e) above will
thereafter be initiated unless an exemption is authorized as set
forth in subparagraph (g) below.
3 OCGA §
36-81-2 (7) defines an “enterprise fund” as
a fund used to account for operations that are financed and
operated in a manner similar to private business enterprises
where the intent of the governing authority is that the costs...
...Of course, the feature that most
distinguishes the DWM from the other departments of a municipal
government is its status as an enterprise fund18 with a dedicated
17 “Everyone else is doing it” has a mixed record of success in legal
arguments.
18 OCGA §
36-81-2 (7) defines “enterprise fund” as follows:
[A] fund used to account for operations that are financed and
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stream of income derived from the provision of services to customers
and a dir...