County Treasurers and Public Trustees
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Warrants to bear six percent.
orders and warrants, town and city and school orders and warrants, and other
like evidences or certificates of municipal indebtedness, shall bear interest at
the rate of six percent per annum from the date of the presentation thereof for
payment at the treasury where the same may be payable, until there is money in
the treasury for the payment thereof, except when otherwise specially provided
by law. Every county treasurer, town treasurer, and city treasurer to whom any
such county, town, city, or school order or warrant is presented for payment,
and who shall not have on hand the funds to pay the same, shall endorse thereon
the rate of interest said order or warrant will draw, and the date of such
presentation, and subscribe such endorsement with his official signature;
however, all such orders and warrants may be made to bear a lower rate of
interest than above specified, by special agreement between such counties,
towns, and cities issuing the same, and the person to whom such orders or
warrants are issued.
22-40-104. County treasurer - accounts - warrants.
(1) (a) It is the duty of the county treasurer to keep separate accounts by
funds and subsidiary accounts for the bond redemption fund of each school
district in his or her county, and said funds and accounts shall be subject to
the warrants of said district. The tax revenues shall be credited to the proper
fund and account, together with any penalty interest collected thereon.
Notwithstanding the provisions of paragraph (a) of this subsection (1), upon
receipt of a notice from the state treasurer issued pursuant to section
22-41-110 (3), a county
treasurer shall withhold from the school district named in the notice and
forward to the state treasurer the amount of tax revenues specified in the
notice that would otherwise be credited to the school district.
only a portion of a school district is situate within the territorial limits of
said county and the headquarters of said school district are not located
therein, the county treasurer shall transfer, at the end of each month, all
moneys which have accrued to the credit of said district to the county treasurer
of the county wherein the headquarters of said school district is located. No
warrant shall be drawn by a school district situate in more than one county
against its moneys except against those moneys in the custody of the county
treasurer of the county wherein the school district headquarters is located.
Except in the case of a school district which has elected to withdraw its
moneys, if a school district warrant is presented to the county treasurer of a
school district situate in his county and there are no moneys or insufficient
moneys to the credit of said school district in the proper fund or account
thereof to pay such warrant, it is the duty of said county treasurer to register
such warrants in the order of presentment and endorse each such warrant "no
funds". Registered warrants shall draw interest from the date of such
registration and endorsement at the rate and in the manner as registered county
warrants. The county treasurer shall keep a list of all warrants so registered
and endorsed and furnish a copy of said list to the treasurer of said school
district. The county treasurer shall pay both the principal and interest of said
warrants, in the order of registration, when there are sufficient moneys to the
credit of the school district fund or account upon which any such warrant was
drawn. It is his duty to cause to be published in a newspaper with general
distribution in said school district for five days a notice that certain school
district warrants, describing said warrants by numbers and amounts, will be paid
upon presentation at the expiration of said five days notice, at which time said
warrants shall cease to bear interest.
is unlawful for a school district to issue warrants in excess of the amount
budgeted or appropriated to or the anticipated revenues for any fund, whichever
is less, for said school district's fiscal year whether or not the board of
education of said district has elected to withdraw its moneys from the custody
of the county treasurer.
is the duty of the county treasurer to cancel all paid school district warrants
with a proper cancelling stamp and indicate the date of payment thereof.
30-10-711. Payment of warrants - call published.
County orders and warrants, properly made and issued, shall be entitled to a
preference as to payment, according to the order of time in which they may be
presented to the county treasurer; but where two or more orders are presented at
the same time, precedence shall be given to the order or warrant of the oldest
date, and when two or more orders are presented at the same time, and there are
no funds to the credit of the proper fund in the treasury to pay the same, the
same shall be registered in the order of their date, precedence being given to
the warrant of the oldest date. When there is in the treasury, to the credit of
any fund, five hundred dollars or more, against which fund there are any
outstanding and unpaid lawful warrants or orders, the county treasurer shall
immediately give public notice of the fact by a written notice posted for thirty
days at the outer door of the office of the treasurer. The treasurer, at the
same time, shall call in for payment all outstanding and unpaid lawful warrants
and orders drawn on said fund which the moneys in the treasury will pay and
which are entitled to payment from said funds.
Such notice shall also contain the number, date, and amount of such warrants and
orders as are entitled to payment and call upon the holders thereof to present
the same for payment to the treasurer within thirty days from the day of the
posting of said notice, and that interest on the sums due by said warrants and
orders will cease to accrue thereon after the last day of said posting of said
notice, and interest shall cease to accrue on said sums accordingly. Such notice
shall be dated at the county seat, be signed by the treasurer, and a record of
the same be kept in the office of the treasurer in a book provided for that
purpose; and such books shall be open to inspection and examination at all
reasonable hours. Such funds shall be held by the county treasurer for the
payment of the warrants and orders called by him, until the expiration of six
years from the date of registry of such warrants and orders, when the same shall
be paid out upon such other warrants or orders as are entitled to payment on the
day of the expiration of the six years.
The treasurer shall pay by electronic transfer any written authorization issued
by the board of county commissioners directing the treasurer to make payment of
claims against the county electronically.
Payment of county warrants and orders by electronic transfer shall be made only
after the treasurer approves the release of funds for such electronic transfer.
For purposes of this part 7, "order" means all orders and authorizations issued
by the board of county commissioners for the payment of claims against the
county. "Order" includes any warrant issued by the board of county commissioners
and any written authorization issued by the board of county commissioners
directing the treasurer to make payment of claims against the county by
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