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Home » US Law » 2020 Arkansas Code » Title 14 - Local Government » Subtitle 3 - Municipal Government » Chapter 62 - Revocation of Charter of a Municipal Corporation

§ 14-62-101. Authority generally

The charter of a municipal corporation may be revoked, its offices abolished, and the territory and inhabitants returned to the county in which the municipal corporation is located in the manner provided in this chapter, subject to the authority of the receiver appointed under § 14-62-104 and to the interests of creditors.

§ 14-62-102. Revocation due to noncompliance

(a) (1) If the Legislative Joint Auditing Committee concludes the process under § 14-59-117 on a municipal corporation, and in the immediately subsequent three-year period the Legislative Joint Auditing Committee concludes the process a second time, the Legislative Joint Auditing Committee may notify the Attorney General and the Governor of its actions. (2) The Attorney […]

§ 14-62-103. Surrender and repeal of charter

(a) (1) When the circuit court of the Sixth Judicial District issues an order revoking the charter of a municipal corporation under § 14-62-102, the order is effective upon the qualification and appointment of the receiver. (2) Once an order becomes effective under subdivision (a)(1) of this section: (A) The charter of the municipal corporation […]

§ 14-62-104. Receiver — Appointment — Oath — Duties — Authority

(a) Within five (5) business days of receipt of the order revoking the charter of a municipal corporation under § 14-62-102, the Governor shall appoint a qualified officer, to be known as the receiver, for an extinct municipal corporation whose charter has been revoked under this chapter. (b) A receiver shall: (1) Take the oath […]

§ 14-62-105. Reports and collections by receiver

(a) Every six (6) months, a receiver for an extinct municipal corporation appointed under § 14-62-104 shall make to the circuit court of the Sixth Judicial District a clear and complete statement reflecting all moneys collected, all taxes collected and settled, and all taxes that remain to be collected and settled. (b) (1) The Department […]

§ 14-62-106. Compensation of receiver

(a) A receiver appointed under § 14-62-104 shall receive such compensation for his or her services as shall be fixed by the circuit court of the Sixth Judicial District. (b) As the circuit court may allow, a receiver shall have credit for all taxes, expenses, attorney’s fees, and other necessary disbursements in the execution of […]

§ 14-62-107. Audit of receiver

A receiver appointed under § 14-62-104 is subject to audit by Arkansas Legislative Audit: (1) At the request of the: (A) Circuit court of the Sixth Judicial District; or (B) County judge of the county in which the extinct municipal corporation was situated; or (2) At the discretion of the Legislative Auditor.

§ 14-62-108. Proceedings to collect revenue due

(a) (1) For the purpose of collecting the revenue under this chapter, a receiver appointed under § 14-62-104 may file proceedings in the name of the receiver on behalf of all creditors and against taxpayers who owed taxes to the extinct municipal corporation, in cooperation with the Department of Finance and Administration under § 14-62-111. […]

§ 14-62-109. Public utilities

(a) A public utility operating and organized as an improvement district and serving residents of the extinct municipal corporation shall continue in operation. (b) (1) (A) A public utility operated by the extinct municipal corporation is transferred to the receiver. (B) Funds held by the extinct municipal corporation in connection with the operation of the […]

§ 14-62-111. Collection of sales and use taxes

(a) If a receiver is appointed under § 14-62-104, sales and use taxes of the extinct municipal corporation shall continue to be collected in the manner provided by law by the Department of Finance and Administration, with the collections paid to the receiver for the benefit of the extinct municipal corporation. (b) At the time […]

§ 14-62-112. Filing of claims — Appeals

(a) (1) If a party is dissatisfied with the decision of any litigated question under this chapter, he or she may have the question reheard upon appeal to the Supreme Court. (2) Only so much of the record as pertains to the appeal shall form the transcript and record for the appeal. (b) (1) Except […]

§ 14-62-113. Payment of funds collected

Funds collected under this chapter shall be paid out from time to time to those entitled to the funds and in such manner as the circuit court of the Sixth Judicial District may determine, on the warrant of the receiver appointed under § 14-62-104 and countersigned by the judge of the circuit court.

§ 14-62-114. Final order of dissolution

At the time of the full accord and satisfaction of the indebtedness of the municipal corporation whose charter is revoked under this chapter and upon the request of the receiver, the circuit court of the Sixth Judicial District shall enter a final order of dissolution.