O.C.G.A. § 36-37-7 (2019)
Disposition of public utility plants or properties - Power generally; effect of charter restrictions
Municipalities are empowered and authorized, if they so desire, to sell, lease, or otherwise dispose of any or all electric, water, gas, or other municipally owned public utility plants or properties, on such terms and conditions as such municipalities deem proper, and to transfer title to such public utility properties by warranty deed, bill of sale, contract, or lease, in the manner provided by law; provided, however, that nothing contained in this Code section and Code Sections 36-37-8 through 36-37-10 shall be held or construed to affect the powers of any municipal corporation in the charter of which there is now contained any provision either authorizing or prohibiting the sale, lease, or other disposition of such properties by the municipality, so long as such provision remains in the charter of the municipality.
History
Ga. L. 1925, p. 177, § 1; Code 1933, § 91-901.
Annotations
JUDICIAL DECISIONS Sections do not limit authority of city to dispose of property under charter. - Language in a city charter authorizing the city to dispose of property the city owns ‘‘in any manner whatsoever’’ is not limited by the provisions of former
Code 1933, §§ 91-901 through 91-904 (see now O.C.G.A. §§ 36-37-7 through 36-37-10). Singer v. City of Cordele, 225 Ga. 323, 168 S.E.2d 138 (1969). Cited in Brown v. Mayor, 199 Ga. 234, 33 S.E.2d 705 (1945).
RESEARCH REFERENCES Am. Jur. 2d. - 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 508 et seq. C.J.S. - 63 C.J.S., Municipal Corporations, §§ 1152 et seq., 1162, 1165. 64A C.J.S., Municipal Corporations, § 2493.
ALR. - Sufficiency of compliance with condition of sale or lease by municipality of public utility plants, 52 A.L.R. 1052. Power of municipality to sell, lease, or mortgage public utility plant or interest therein, 61 A.L.R.2d 595.