Banks v. City Albany

W. E. Banks filed his petition against the City of Albany and alleged the following: The charter of the defendant was amended by an act of the General Assembly of Georgia of 1941 (Ga. L. 1941, p. 1010), approved March 24, 1941, whereby the defendant was authorized to furnish fire protection without the corporate limits of the City of Albany under such rules, regulations and charges as the Board of City Commissioners of the defendant might prescribe. The defendant in accordance with the authority of said amendment passed and adopted an ordinance on September 23, 1947, as follows: ""BE IT ORDAINED by the authority of aforesaid that no call shall be answered by the fire department outside the corporate limits of the City of Albany, Georgia, unless the property owner, in advance of making such call, shall comply with the following conditions: (1) Register at the office of the Chief of the Fire Department and pay an annual registration fee as follows: All property outside of the present corporate limits but within the area included in the new corporate limits by virtue of the act of the General Assembly approved March 23, 1947, and known as Albany Charter Amendment shall pay $6.00 per residence; $10.00 per plant for small business; $20.00 per plant for manufacturing and large industrial plants. ""All property outside of the new city limit area but within the area described in Section 5 of this Ordinance, shall comply with the following conditions: (1) Register at the Office of the Chief of the Fire Department and pay an annual registration fee as follows: $10.00 per residence; $15.00 per plant for small business; $30.00 per plant for manufacturing and large industrial plants.""