If any municipal corporation, subject to any of the provisions of
this article, shall fail for three successive years to file with the
Department of Legislative Services a comprehensive statement of
financial condition as required by Article 24, § 2-101 of the Code,
and the Executive Director of the Department of Legislative Services
shall have reasonable cause to suppose that the municipal corporation
is no longer actively operating as such under its charter, and the
Legislative Auditor shall certify that the municipal corporation has no
obligations or debts outstanding and unpaid, the Executive Director of
the Department of Legislative Services shall promptly certify all such
facts to the Secretary of State. Upon receiving such a certification,
the Secretary of State shall forthwith issue a public proclamation,
declaring that the charter of the municipal corporation, including all
amendments and additions thereto, is repealed under the provisions of
this section. Copies of the proclamation shall be filed by the
Secretary of State with the clerk of the Court of Appeals, the clerk of
the circuit court of the county in which the municipal corporation is
located, and the Department of Legislative Services. Upon the first day
of the month next after the issue of any such proclamation, the charter
of the town, including all amendments and additions thereto, shall be
and the same is hereby declared to be repealed. From such latter date,
the municipal corporation shall not be construed to be or treated as a
municipal corporation and the charter so repealed shall no longer be
included in any subsequent edition or printing of the code of public
local laws of the State or of the particular county. If no other
disposal of the property, assets and liabilities of the municipal
corporation has previously been made by the proper officers of the
municipal corporation, the board of county commissioners or the county
council of the county in which the municipal corporation is located,
shall succeed to full ownership, title and control of the property and
assets after the charter stands repealed and shall be responsible for
liquidation of the indebtedness of said municipal corporation as
provided in § 42 of this subtitle.
|