§ 13-60-101 — Levy to pay judgment against municipality - procedure

(1) When
a judgment for the payment of money is given and rendered against any municipal
or quasi-municipal corporation of the state, or against any officer thereof, in an
action prosecuted by or against him in his official capacity or name of office, such
judgment being an obligation of such municipality, and when by reason of vacancy
in office or for any other cause the duly constituted tax assessing and collecting
officers fail or neglect to provide for the payment of such judgment or fail to make
a tax levy to pay such judgment, the judgment creditor may file a transcript of such
judgment with the board of county commissioners of the county, and counties if
more than one, in which such public corporation is situated. Thereupon, the county
commissioners shall levy a tax as provided in subsection (2) of this section upon all
the taxable property within the limits of such public corporation for the purpose of
making provision for the payment of such judgment, which tax shall be collected by
the county treasurer, and, when collected by the county treasurer, it shall be paid
over, as fast as collected by him, to the judgment creditor, or his assigns, upon the
execution and delivery of proper vouchers therefor.

(2) The power conferred to pay such judgment by special levy of such tax is
in addition to the taxing power given and granted to such public corporation to levy
taxes for other purposes. The board of county commissioners shall levy under this
section on all taxable property within said municipal or quasi-municipal corporation
such taxes as are sufficient to discharge such judgment in the next fiscal year; but
in no event shall such annual levy pursuant to this section and section 24-10-113,
C.R.S., exceed a total of ten mills for one or more judgments, exclusive of mill levies
for other purposes of such public corporation. The board of county commissioners
shall continue to levy such taxes not to exceed a total of ten mills annually,
exclusive of mill levies for other purposes of such public corporation, but in no
event less than ten mills if such judgment will not be discharged by a lesser levy,
until such judgment is discharged.

(3) Any taxes levied to pay the last payment upon or to pay any such
judgment shall be valid, whether or not the sum sought to be raised thereby
exceeds the sum due on such judgment, principal, and interest. Such excess of the
sum required shall not exceed a sum equal to ten percent of such required sum, and
no sale of real estate made to make such taxes shall be invalid by reason of such
excess if the same is within said specified limit. All levies to pay judgments shall be
made as near as possible to raise a sum equal to that due on the judgment to pay
for which the tax is levied. Nevertheless, any excess levied, if such excess does not
exceed ten percent of the sum due and desired to be paid, shall not invalidate any
tax levy upon or tax sale of real or personal estate made to raise, make, or collect
the sum due and excess. Any excess collected by the county treasurer remaining in
his hands after paying all judgments in full, transcripts thereof having been filed
with the county commissioners, shall be paid by him to the treasurer of such public
corporation and become part of the general fund of such public corporation. This
section shall not prevent said public corporation from paying any judgment from
any other funds it may have in its treasury available for that purpose. The provisions
of this section shall not apply to counties.

Legislative History

Source: L. 13: p. 388, � 1. C.L. � 5967. CSA: C. 93, � 77. CRS 53: � 77-10-1. C.R.S. 1963: � 77-10-1. L. 71: p. 1213, � 7.