If the necessity for maintaining any special
fund of a
city has ceased to exist and a balance remains in the fund, the
governing body shall authorize the transfer of the balance to the fund balance account in the city
general fund of the city, subject to all of the following:
| (1) |
Any balance remaining in a special assessment fund and any unrequired balance in the city’s special improvements guaranty fund shall be treated in the manner provided in Sections 11-42-413 and 11-42-701. |
Terms Used In Utah Code 10-6-131
- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- City general fund: means the general fund used by a city. See Utah Code 10-6-106
- Fund: is a s defined by generally accepted accounting principles as reflected in the Uniform Accounting Manual for Utah Cities. See Utah Code 10-6-106
- General fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 10-6-106
- Governing body: means a city council, or city commission, as the case may be, but the authority to make any appointment to any position created by this chapter is vested in the mayor in the council-mayor optional form of government. See Utah Code 10-6-106
- Land: includes :Utah Code 68-3-12.5
| (2) |
Any balance remaining in a capital improvements or capital projects fund shall be transferred to:
| (a) |
the appropriate debt service fund or other fund as required by the bond ordinance; or |
| (b) |
to the fund balance account in the city general fund. |
|
| (3) |
| (a) |
If the governing body proposes to transfer a balance held in a trust fund for a specific purpose, other than a cemetery perpetual care trust fund, because the trust fund’s original purpose or restriction has ceased to exist, the governing body shall hold a public hearing in accordance with Sections 10-6-113 and 10-6-114. |
| (b) |
In addition to the notice requirements of Section 10-6-113, the published notice shall invite those original contributors who contributed to the fund to appear at the hearing. |
| (c) |
| (i) |
If the governing body determines that the fund balance amounts are refundable to the original fund contributors, the original contributors shall have 30 days after the day on which the hearing in Subsection (3)(a) is held to file with the governing body a verified claim only for the amount of each original contributor’s contribution. |
| (ii) |
Any claim not filed in accordance with this section is invalid and barred. |
|
| (d) |
Any balance remaining, after refunds to eligible original contributors, shall be transferred to the fund balance account in the city general fund. |
|
| (4) |
| (a) |
If the governing body decides, in accordance with applicable laws and ordinances, that the need for continued maintenance of its cemetery perpetual care trust fund no longer exists, the governing body may, subject to Subsection (4)(b), transfer the balance in the cemetery perpetual care trust fund to the capital improvements fund. |
| (b) |
The balance transferred from the cemetery perpetual care trust fund to the capital improvements fund shall be used for cemetery purposes only, including land, buildings, or major improvements. |
|
Amended by Chapter 176, 2014 General Session
