§ 5.107. Utilities, referendum required for sale of; rights-of-way, easements, etc.

(a)

The city shall continue to supply all the public utilities of said city, to wit: waterworks, sewerage, electric lights; and for such purposes the mayor and city council shall be invested with all the authority to enlarge such systems of public utilities as they may deem necessary, and they may have authority to prescribe by ordinances for the government and regulation of all public utilities. Provided, that before said mayor and council shall dispose of any one or all of the herein named public utilities by absolute sale in fee simple, an election shall be called submitting the matter to the qualified voters of said city for their approval or disapproval. Said election to be called, held, and the result determined under the election laws now in force, or that may be hereafter prescribed for creating a bonded indebtedness against said city.

(b)

The city shall have the power and authority to extend, construct, maintain and operate its water, sewerage, electric light and power lines and systems in all directions beyond the corporate limits of said city, as the same now exist or may hereafter be established; and the city shall have authority to furnish water, lights, power and sewerage connections to persons, firms and corporations within and without the corporate limits of said city, and to charge for the same; to purchase electrical current from any source, either within or without the city limits; to make reasonable rules and regulations, and the city may make different charges for the use of such utilities within and without the corporate limits of said city.

(c)

The city is hereby authorized and empowered to acquire, by contract, purchase, or condemnation, rights-of-way, easements, and privileges for water, sewerage, electric lights and power lines and systems within the corporate limits of the city, and without the corporate limits of the city in any direction beyond the corporate limits of the city as the same now exist or may be hereafter established.

(d)

The city is hereby authorized and empowered to furnish and supply electric power to any person, firm or corporation, at its distribution plant in the city, or at the point from which said city acquires its electric power, for serving nonresidents of said city, and to fix the rules and regulations on which the same may be furnished, and likewise to fix the terms on which the same are to be furnished, the manner of payment therefor, and the charges to be paid therefor.

(e)

The city is hereby authorized to purchase, construct, operate and maintain a system for the sale and distribution of natural or other gas within the city limits and in any direction beyond such corporate limits as now exist or as shall hereafter exist, and in connection therewith the city is authorized to acquire, by contract, purchase, or condemnation, all rights-of-way, easements, and property necessary to carry out these purposes; provided, that the power of condemnation granted in this section shall not apply to property within the limits of any other municipality, except with the prior approval of the mayor and council of said municipality. The city is hereby authorized and empowered to furnish and supply gas and gas services to any person, firm or corporation at its distribution plant in the city or at the point from which said city acquires its supply of gas for serving nonresidents of said city, and to fix the rules and regulations under which the same may be furnished, and likewise fix the terms on which the same are to furnished and the manner of payment therefor, and the charges to be paid therefor.

(1963 Ga. Laws, page 2030, § 58)