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2018 Georgia Code 31-7-89 | Car Wreck Lawyer

TITLE 31 HEALTH

Section 7. Regulation and Construction of Hospitals and Other Health Care Facilities, 31-7-1 through 31-7-412.

ARTICLE 4 COUNTY AND MUNICIPAL HOSPITAL AUTHORITIES

31-7-89. Procedure for dissolution; disposition of property.

By joint action of the board of trustees of an authority and the governing bodies of participating units, authorities created under and pursuant to the terms of this article may be dissolved, provided that no such dissolution shall in any way impair the rights of third persons or the contracts of the authority with such third persons. Disposition to be made of the property of the authority upon dissolution shall be covered in any resolution adopted by the participating units and the board of trustees of the authority. At no time, however, shall any authority upon dissolution convey any of its property, except as may be otherwise authorized by law, to any private person, association, or corporation.

(Ga. L. 1941, p. 241, § 13; Code 1933, § 88-1817, enacted by Ga. L. 1964, p. 499, § 1.)

JUDICIAL DECISIONS

Cited in Cox Enters., Inc. v. Carroll City/County Hosp. Auth., 247 Ga. 39, 273 S.E.2d 841 (1981); United States v. Hosp. Auth. of Charlton County (In re Hosp. Auth. of Charlton County), 56 Bankr. Ct. Dec. (LRP) 220 (Bankr. S.D. Ga. July 3, 2012).

OPINIONS OF THE ATTORNEY GENERAL

Open meetings and records provisions apply to hospital authorities.

- Provisions for open meetings and records apply to hospital authorities. 1980 Op. Att'y Gen. No. U80-6.

Upstream of surplus to "participating unit."

- It is implicit in the language of O.C.G.A. § 31-7-89, and in the basic nature of the joint creation of an authority formed by two "participating units," that the authority may not upstream surplus to one participating unit without the concurrence of the other. 1987 Op. Att'y Gen. No. U87-19.

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