Section 89. Payment of debts of illegal corporations  


Latest version.
  • Whenever an attempt
      has been or is hereafter made to create a municipal corporation,  either
      by  special  act  of  the  legislature or by proceedings taken under the
      general laws of the state, and such corporation has chosen officers  and
      has  exercised  the powers, duties and authority vested in it by the law
      under which it purports to have been created, and such  corporation  has
      become  indebted  to  any  person,  association  or  corporation  in the
      aggregate amount of five hundred dollars or more, and  such  corporation
      shall  have  been  held  or  declared to be no corporation by a court of
      record of competent jurisdiction  of  this  state,  either  because  the
      special   act  creating  it  is  declared  to  be  unconstitutional,  or
      otherwise, then such corporation shall be deemed a de facto  corporation
      for  the  purpose of winding up its affairs and paying its indebtedness;
      and its officers shall be deemed de facto officers and  shall  have  all
      the  powers and authority and shall perform all the functions and duties
      vested in or required of them under  the  law  pursuant  to  which  such
      corporation  was  attempted to be created, so far as may be necessary to
      liquidate  the  affairs  of  such  corporation  and  to  pay  its  money
      obligations,  including  all the power and authority to assess, levy and
      collect taxes upon the taxable persons and property within the corporate
      limits of such illegal corporation,  to  such  an  amount  as  shall  be
      sufficient  to  pay  obligations  of  such  corporation  and the expense
      incident thereto.
        2. Such de facto officers shall keep an accurate record of  all  their
      proceedings  hereunder, including the amount of money raised by taxation
      and the purpose for which it was raised and the  amount  of  money  paid
      out,  to  whom  and  for what purpose. They shall audit all bills before
      payment and shall take receipts for all moneys paid out.
        3. When all the indebtedness of such illegal corporation has been paid
      and its obligations discharged, such de  facto  officers  shall  make  a
      full,  complete  and accurate report, under oath, to the county judge of
      the county in which such illegal corporation is located or to a  justice
      of the supreme court of all their proceedings hereunder and on the order
      of  such  judge or justice approving and confirming such report, such de
      facto officers shall be discharged and their functions and duties  shall
      cease.  Such report and order shall be filed in the office of the county
      clerk of the county in which such illegal corporation was located.