CO Code § 37-41-109 (2021)
2021 Colorado Code|Title 37 - Water and Irrigation|Article 41 - Irrigation District Law of 1905|§ 37-41-109. District Treasurer - Duties

  The county treasurer of the county in which is located the office of an irrigation district shall be and is hereby constituted ex officio district treasurer of said district. The county treasurer shall be liable upon his official bond and to indictment and criminal prosecution for malfeasance, misfeasance, or failure to perform any duty prescribed as that of the county treasurer or district treasurer, as is provided by law in other cases as that of the county treasurer. The treasurer shall collect, receive, and receipt for all moneys belonging to said district. It is the duty of the county treasurer of each county in which any irrigation district is located in whole or in part to collect and receipt for all taxes levied as provided in section 37-41-123 in the same manner and at the same time and on the same receipt as is required in the collection of taxes upon real estate for county purposes; except that such county treasurer shall receive in payment of the general fund tax, for the year in which said taxes are payable, warrants drawn against said general fund, the same as so much lawful money of the United States, if such warrant does not exceed the amount of the general fund tax which the person tendering the same owes; further except that such county treasurer shall receive in payment of the district bond fund taxes, for the year in which said taxes are payable, interest coupons or bonds of said irrigation district maturing within the year said taxes are payable the same as so much lawful money of the United States, if such interest coupons or bonds do not exceed the amount of district bonds funds tax which the person tendering the same owes.    The county treasurer of each county comprising a portion only of the irrigation district, excepting the county treasurer of the county in which the office of said district is located, on the first Monday of every month, shall remit to the district treasurer all moneys, warrants, coupons, or bonds theretofore collected or received by him on account of said district. Every county treasurer shall keep a bond fund account and a general fund account. The bond fund account shall consist of all moneys received on account of interest and principal of bonds issued by said district. Said accounts for interest and principal shall be kept separate. The general fund shall consist of all moneys or general fund warrants received by the collection of taxes or otherwise. The district treasurer shall pay out of said bond fund, when due, the interest and principal of the bonds of said district at the time and place specified in said bonds and shall pay out of said general fund only upon the order of the district, signed by the president and countersigned by the secretary of said district. The district treasurer, on the fifteenth day of each month, shall report to the secretary of the district the amount of money in his hands to the credit of said respective funds, the amount of warrants paid during the previous month, and the amount of registered warrants if any. All such district taxes collected and paid to the county treasurers shall be received by said treasurers in their official capacity, and they shall be responsible for the safekeeping, disbursement, and payment thereof the same as for other moneys collected by them as such treasurers.     History. Source: L. 05: P. 260, § 21. L. 07: P. 490, § 3. R.S. 08: § 3460. L. 17: P. 306, § 11. L. 19: P. 483, § 1. C.L. § 1998. CSA: C. 90, § 398. CRS 53: § 149-1-22. C.R.S. 1963: § 150-1-22. History. Source: L. 05: P. 260, § 21. L. 07: P. 490, § 3. R.S. 08: § 3460. L. 17: P. 306, § 11. L. 19: P. 483, § 1. C.L. § 1998. CSA: C. 90, § 398. CRS 53: § 149-1-22. C.R.S. 1963: § 150-1-22.    Cross references:   For failure of county treasurers to perform duties, see § 30-10-726 .   ANNOTATION   Analysis     I. GENERAL CONSIDERATION.    II. RECEIPT AND PAYMENT OF COUPONS.    III. COMPENSATION OF TREASURER.     I. GENERAL CONSIDERATION.   This section being explicit does not admit of interpretation beyond its express letter, and must be administered as we find it, and it would be an act of judicial legislation to give to it any construction other than the plain meaning which the language indicates. Chicago Title & Trust Co. v. Patterson, 65 Colo. 534 , 178 P. 13 (1918).   The proceeds of the assessments made are to be kept in a distinct ”bond fund“ with separate interest and principal accounts and that all other income of the district is to be kept in a ”general fund“, from which all other district expenses and expenditures are to be paid. Gas Sec. Co. v. Nile Irrigation Dist., 293 F. 365 (8th Cir. 1923).   Proceeds from judgment recovered go into general fund. A bondholder is not entitled to a decree applying the proceeds of a judgment recovered against a contractor for construction of irrigation ditches for breach of contract to the construction of irrigation improvements since, by this section, the money goes into the general fund, to be expended for any legitimate purpose. Gas Sec. Co. v. Nile Irrigation Dist., 293 F. 365 (8th Cir. 1923).   A bondholder is limited to the fund provided by this section, and cannot subject other funds of the district to payment of his bonds. Gas Sec. Co. v. Nile Irrigation Dist., 293 F. 365 (8th Cir. 1923).   The county treasurer, as ex officio treasurer of the district, has a duty to collect the taxes levied, place all money received on account of principle and interest of bonds issued by the district in a separate account, from which he shall pay the principle and interest as it becomes due. Denver-Greeley Valley Irrigation Dist. v. McNeil, 80 F.2d 929 (10th Cir. 1936).   A county treasurer may not lawfully demand, receive, and receipt for all other taxes against the lands, leaving district taxes uncollected. Moore v. Gas Sec. Co., 278 F. 111 (8th Cir. 1921).   II. RECEIPT AND PAYMENT OF COUPONS.   The proviso as to payment by coupons applies to anyone having the right to make payment of such taxes, which includes the holder of a previous tax sale certificate. Orchard Mesa Farms Co. v. Canon, 61 Colo. 347 , 157 P. 192 (1916); Bd. of Comm'rs v. Heath, 87 Colo. 204 , 286 P. 107 (1930).   Coupons from the bonds of an irrigation district are a lawful tender for the district tax levied for the year in which such coupons mature, but which tax is collected in the year next succeeding. Chicago Title & Trust Co. v. Patterson, 65 Colo. 534 , 178 P. 13 (1918).   ”Maturing within the year“ means year in which tax is levied. No other year is mentioned in this section except the year in which the taxes were levied, hence it would do violence to the plain language of this section, in the ordinary and accepted meaning, to say that ”maturing within the year“ can apply to other coupons or bonds than those maturing within the year in which the tax was levied. Neither can there be any legitimate inference that this language can refer to any other year than the one in which the tax is levied. In fact the inference if any there should be must be to the contrary. Chicago Title & Trust Co. v. Patterson, 65 Colo. 534 , 178 P. 13 (1918).   The treasurer is not required to pay the coupons in the order of presentation, but the fund is to be allotted to all holders of coupons who present them within a reasonable time after they are due. Norris v. Montezuma Valley Irrigation Dist., 248 F. 369 (8th Cir. 1918).   The weight of authority is that there should be no distinction made and that all have a reasonable time within which to present their coupons for payment without losing their rights. Thomas v. Patterson, 61 Colo. 547 , 159 P. 34 (1916).   When funds are insufficient, bonds are paid off proportionately. When coupons are presented for payment, and there is not sufficient funds in the hands of the treasurer which can be applied to the payment of all the coupons of the bond issue from which they were taken to pay them in full, such proportion of such funds may be applied on the coupons presented as are payable out of the funds in the hands of the treasurer in the ratio they bear to the sum total of the coupons to which such funds must be applied. Thomas v. Patterson, 61 Colo. 547 , 159 P. 34 (1916).   III. COMPENSATION OF TREASURER.   The statute fixes the maximum and minimum of the fee allowed the treasurer, not leaving it entirely to the discretion of the district. Bd. of Comm'rs v. Otero Irrigation Dist., 56 Colo. 515 , 139 P. 546 (1914).   The compensation allowed is a fee and it is the only fee that can be charged. Bd. of Comm'rs v. Otero Irrigation Dist., 56 Colo. 515 , 139 P. 546 (1914).   No commissions are charged on proceeds from sale of district bonds. The proceeds of the sale of the bonds of an irrigation district come into the hands of the treasurer of the county in which the office of the district is located, not as county treasurer, but as ex officio treasurer of the district. No commissions are to be charged thereon. Bd. of Comm'rs v. Otero Irrigation Dist., 56 Colo. 515 , 139 P. 546 (1914).   Commissions are to be collected upon irrigation district taxes, according to the rate prescribed by § 30-1-102 , and go into the fee fund and pass thence to the treasurer on account of his salary. Bd. of Comm'rs v. Otero Irrigation Dist., 56 Colo. 515 , 139 P. 546 (1914).