Oklahoma § 62-435 - Use of fund - Judgments against municipality - Payment

§ 62-435. Use of fund - Judgments against municipality - Payment

from sinking funds - Reimbursement.

(Application.) Such sinking funds shall be used:

First. For the payment of interest coupons as they fall due.

Second. For the payment of bonds falling due, if any such there

be, and,

Third. For the payment of judgments against the municipality,

if any there be; provided, that when any sinking fund has been used

or may hereafter be used to pay judgments as herein provided, that

notwithstanding the fact that such judgment or judgments have been

paid with such sinking fund, it shall be the duty of the proper

officers to make levies to pay such judgments the same as if the

same had not been paid out of such sinking fund, and when so levied

and collected the same shall be turned into the sinking fund out of

which such judgment or judgments was paid.

R.L.1910, § 6773. Amended by Laws 1915, c. 80, § 1.

§62-436a. Delinquent tax penalties, interest and forfeitures Credit on apportionment.

All penalties, interest and forfeitures which may accrue on

delinquent ad valorem taxes, whether real or personal, tangible or

Oklahoma Statutes - Title 62. Public Finance

intangible, on any properties, persons, firms or corporations within

any school district, township, town or city within a county, shall,

when collected, be credited on apportionment by the county treasurer

as follows: In all counties having an assessed net valuation of

less than Seven Million Dollars ($7,000,000.00) one-half (1/2) of

such penalties shall be credited to the general fund of the county

and one-half (1/2) to the resale property fund of such county; and

in all counties having an assessed net valuation of Seven Million

Dollars ($7,000,000.00) or more, all such penalties interest and

forfeitures on property located in any township having a bonded

indebtedness of any kind, one-half (1/2) of such penalties interests

and forfeitures, when normally collected, shall be paid into the

sinking fund of such township and the remaining one-half (1/2)

thereof in such township and all penalties, interests and

forfeitures where there exists no township bonded indebtedness of

any kind shall be credited to the resale property fund of such

county.

Laws 1953, p. 285, § 1.

§62-436b. County resale property fund - Rebates - Disclaimers.

In addition to the purposes for which the resale property fund

of any county may be expended under the restrictions, terms and

conditions set forth in 68 Oklahoma Statutes 1951 Section 432(L),

said resale property fund shall be available between July first and

June fifteenth of any year for all rebates allowed under authority

of statute by the board of county commissioners or the tax roll

corrections board of the county upon taxes found to have been

illegally or erroneously collected, or on the sale of certificate or

issue of deed on lands or lots on which no tax was due or as to

which the sale thereof is, or was, illegal for any reason. Provided,

however, before the owner and holder of such invalid deed may be

reimbursed as aforesaid, he shall first be required to attach to his

claim on which he shall set forth all allegations of fact in support

of the invalidity of the deed, a disclaimer, quit claim, or other

instrument necessary to disavow or divest himself of all right,

title, and interest in the property described in such invalid deed

or certificate and no fees shall be required for the recording and

indexing thereof. Where such deed was executed by the chairman of

the board of county commissioners and based upon an invalid resale

tax deed issued by the county treasurer, upon execution of such

disclaimer or quit claim by such purchaser, or if no deed has been

issued and the county retain title under invalid resale tax deed

issued by the county treasurer, then the board of county

commissioners, so finding, is hereby authorized to execute its

resolution or order of disclaimer as to fee title, with the reasons

therefor, and a certificate or copy of such resolution or order of

disclaimer shall be executed by the chairman of such board, attested

Oklahoma Statutes - Title 62. Public Finance

by the signature and seal of the county clerk, and the same shall be

recorded and indexed, as other instruments relating to realty,

without fee therefor. The determination of whether such property

has been erroneously sold for taxes to such purchaser or to the

county or subsequently by the board of county commissioners, shall

be made by the board of county commissioners upon proper application

of the aggrieved owner if sustained by the record.

Laws 1953, p. 285, § 1.

§62-436c. Apportionment and credit of resale property fund.

After June fifteenth of each year the county treasurer shall,

after reserving sufficient of the Resale Property Fund for all

encumbrances and sufficient for estimated cost of preparing,

publishing, and completing through the ensuing fiscal year all taxenforcement procedures imposed by law upon the county treasurer, all

excess remaining in said resale property fund on such June fifteenth

shall be, by the county treasurer, apportioned and credited to the

county, and the several cities, towns and school districts therein,

and to the several funds thereof, in ratio to the final gross ad

valorem taxes for such fiscal year levied in each thereof in

accordance with the certificate of the county excise board on the

current budget of each thereof, unless the same has been altered by

order of the Court of Tax Review or the Supreme Court and then in

ratio to the amounts so adjusted. Provided, that, if the board of

county commissioners so order by current resolution, in any county,

that portion so accruing to all or any of the county's funds shall

be credited to the courthouse and jail fund of the county.

Laws 1953, p. 286, § 1.