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14-62-103. Surrender and repeal of charter.
Arkansas Code — all titles (historical 2020) · legal_authorities
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(A) The charter of the municipal corporation is surrendered and repealed;
(B) The population and territory governed under the charter are returned back to the county in which the municipal corporation is located, subject to the authority of the receiver appointed under § 14-62-104 and to the interests of creditors;
(C) The offices held under the charter are abolished;
(D) The power of taxation vested in or exercised by the municipal corporation is withdrawn, unless otherwise specified under this chapter;
(E)(i) Title to all property, whether real, personal, mixed, tangible, or intangible, of the municipal corporation is transferred to the receiver appointed under § 14-62-104, unless otherwise specified under this chapter.
(ii)(a) The receiver shall take immediate possession of and control over the property.
(b) The receiver shall execute any necessary documentation transferring his or her interest in the property to the county if the property is no longer needed for the purposes under this chapter;
(F) All ordinances, regulations, codes, or other laws promulgated by the municipal corporation and its agencies are repealed and are void; and
(G) All licenses, permits, and similar documents issued by the municipal corporation are void.
(b) Until a final order of dissolution is entered under § 14-62-114, the receiver appointed under § 14-62-104 shall continue to collect the share of:
(1) General revenue turnbac
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-62-103
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:14-62-103
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2d6ecf90b29729c499799462b4534d514bc7c21c69869f874619a59bf693c25c
Source location: content.xml paragraph 19585
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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 is surrendered and repealed;
(B) The population and territory governed under the charter are returned back to the county in which the municipal corporation is located, subject to the authority of the receiver appointed under § 14-62-104 and to the interests of creditors;
(C) The offices held under the charter are abolished;
(D) The power of taxation vested in or exercised by the municipal corporation is withdrawn, unless otherwise specified under this chapter;
(E)(i) Title to all property, whether real, personal, mixed, tangible, or intangible, of the municipal corporation is transferred to the receiver appointed under § 14-62-104, unless otherwise specified under this chapter.
(ii)(a) The receiver shall take immediate possession of and control over the property.
(b) The receiver shall execute any necessary documentation transferring his or her interest in the property to the county if the property is no longer needed for the purposes under this chapter;
(F) All ordinances, regulations, codes, or other laws promulgated by the municipal corporation and its agencies are repealed and are void; and
(G) All licenses, permits, and similar documents issued by the municipal corporation are void.
(b) Until a final order of dissolution is entered under § 14-62-114, the receiver appointed under § 14-62-104 shall continue to collect the share of:
(1) General revenue turnback funds, as defined in the Revenue Stabilization Law, § 19-5-101 et seq., that the municipal corporation is entitled to under § 27-70-207;
(2) County and state taxes that were being paid to the municipal corporation; and
(3) Any other funds, revenues, or fees as otherwise provided under this chapter.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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 General shall file pleadings in the circuit court of the Sixth Judicial District to revoke the charter of the municipal corporation based on the notification under subdivision (a)(1) of this section.
(b) Upon a finding that the conditions under subsection (a) of this section have been met, the circuit court of the Sixth Judicial District shall revoke the charter of a municipal corporation under this section, and the clerk of the circuit court shall certify a transcript of the order under the official seal of the clerk and forward a copy of the transcript to the:
(1) Secretary of State;
(2) Arkansas Geographic Information Systems Office;
(3) Governor; and
(4) County judge of the county in which the municipal corporation is located.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-62-102
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-62-102. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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 required of other collectors of public revenue and give bond with good sureties to be approved by the circuit court of the Sixth Judicial District;
(2) Enter upon the duties of the office as soon as appointed and qualified;
(3) Take possession of:
(A) All books, papers, and documents pertaining to the assessment and collection of taxes of the extinct municipal corporation; and
(B) Any property belonging to the extinct municipal corporation; and
(4) Resolve the outstanding indebtedness of the extinct municipal corporation pursuant to this chapter.
(c)(1) The receiver may be removed at any time by the circuit court of the Sixth Judicial District for good cause, including failure to discharge one (1) or more duties imposed by this chapter.
(2) Removal may be upon:
(A) The circuit court's own motion; or
(B) The motion of:
(i) A person interested as an inhabitant of the extinct municipal corporation;
(ii) A creditor of the extinct municipal corporation;
(iii) The county judge of the county in which the extinct municipal corporation was located; or
(iv) The Attorney General on behalf of the state.
(3) A substitute receiver shall be appointed in the same manner as the initial receiver appointed under this chapter.
(4) The office of the receiver shall cease and terminate at the time a final order of dissolution is entered under § 14-62-114.
(d) The receiv
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-62-104
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-62-104. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-62-114
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-62-114. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
19-5-101. Title.
This chapter shall be known and cited as the “Revenue Stabilization Law”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 19-5-101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 19-5-101. This identifies an authority to review, not proof of applicability.