A municipal corporation in this state is authorized to surrender its corporate charter when such municipal corporation has not functioned under the corporate charter for a period of ten years, by petitioning the superior court of the county in which the municipal corporation lies, such petition being made by a majority of the registered voters of the nonfunctioning municipal corporation. Thereupon, the judge of the superior court may receive the surrendered corporate charter and by order of the court declare the municipal corporation to be dissolved. Any order of any superior court judge dissolving any municipal corporation within this state will be furnished in duplicate to the Secretary of State and shall serve as notice upon the Secretary of State that the municipal corporation has, by order of the court, been dissolved as a municipal corporation.
(Ga. L. 1947, p. 1545, § 1.)
Law reviews.- For article, "Cities and Towns in Georgia: A Distinction with a Difference?," see 14 Mercer L. Rev. 385 (1963). For article, "Selected Oddities in Georgia Municipal Law," see 9 Ga. L. Rev. 783 (1975). For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979).
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, decisions under former Ga. L. 1872, p. 18, are included in the annotations for this Code section.
Delegation of legislative power to courts.
- Basic principle embodied in the separation of powers doctrine is that the legislature cannot delegate legislative power to the courts. This does not mean, however, that the legislature is forbidden from conferring power on the courts to ascertain whether the statutory requirements for dissolution of a municipal charter have been satisfied in particular cases. Harrell v. Courson, 234 Ga. 350, 216 S.E.2d 105 (1975).
No delegation of legislative authority to voters.
- Under the terms of this section, there is no delegation of legislative authority to a majority of the voters of municipalities. Harrell v. Courson, 234 Ga. 350, 216 S.E.2d 105 (1975).
Cessation of official duties.
- Fact that mayor, recorder, and alderman voluntarily ceased to perform their official duties did not operate to terminate corporate existence. Such officers held office until their successors were elected and qualified, though not functioning. Sell v. Turner, 138 Ga. 106, 74 S.E. 783 (1912) (decided under Ga. L. 1872, p. 18).
Cited in Paige v. Gray, 437 F. Supp. 137 (M.D. Ga. 1977); City of Mt. View v. Clayton County, 242 Ga. 163, 249 S.E.2d 541 (1978); Turner County v. City of Ashburn, 293 Ga. 739, 749 S.E.2d 685 (2013).
OPINIONS OF THE ATTORNEY GENERALThis section provides exclusive method of dissolution. 1963-65 Op. Att'y Gen. p. 519.
RESEARCH REFERENCES
Am. Jur. 2d.
- 56 Am. Jur. 2d, Municipal Corporations, Counties, and Other Political Subdivisions, § 83.
C.J.S.- 62 C.J.S., Municipal Corporations, §§ 131, 137.