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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-5-119

If a special fund no longer has a purpose and has a remaining balance, the town council must authorize transferring it to the town general fund, subject to listed exceptions.

Source excerpt

capital improvementscemetery maintenancecemetery trust fundsclaimsfund transferfund transfersfunds transfermunicipal financepublic hearingrefundsspecial assessment fundsspecial fundsspecial improvements guaranty fundstrust funds
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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01

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“If a special fund no longer has a purpose and has a remaining balance, the town council must authorize transferring it to the town general fund, subject to listed exceptions.”

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Subsection 10-5-119(3)(b)

The published notice must invite original contributors to the fund to appear at the hearing.

Section 10-5-119(3)(b)

Subsection 10-5-119(3)(d)

Any remaining balance must be transferred to the town general fund after refunds to eligible original contributors.

Section 10-5-119(3)(d)

Subsection 10-5-119(4)(b)

Money transferred from the cemetery perpetual care trust fund to the capital improvements fund must be used only for cemetery purposes, including land, buildings, or major improvements.

Section 10-5-119(4)(b)

04

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In force source record

Source record from le.utah.gov · Legal dates not recorded

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Showing 15 of 15 provisions

Provision 15
§ 10-5-119Special fund balance -- Disposition when fund no longer required.Provision

Source excerpt

If a special fund no longer has a purpose and has a remaining balance, the town council must authorize transferring it to the town general fund, subject to listed exceptions.

Special fund balance -- Disposition when fund no longer required. If the purpose for which a special fund was created no longer exists, and a balance remains in the fund, the town council shall authorize the transfer of the balance to the fund balance account in the town general fund, subject to all of the following: Any balance remaining in a special assessment fund and any unrequired balance in the town's special improvements guaranty fund shall be treated in the manner provided in Sections 11-42-413 and 11-42-701 . Any balance remaining in a capital improvements or capital projects fund shall be transferred to: the appropriate debt service fund or other fund as required by the bond ordinance; or to the fund balance account in the town general fund. If the town council 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 town council shall hold a public hearing in accordance with Sections 10-5-108 and 10-5-109 . In addition to the notice requirements of Section 10-5-108 , the published notice shall invite original contributors who contributed to the fund to appear at the hearing. If the town council 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 council a verified claim only for the amount of each original contributor's contribution. Any claim not filed in accordance with this section is invalid and barred. Any balance remaining, after refunds to eligible original contributors, shall be transferred to the fund balance account in the town general fund. If the town council 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 council may, subject to Subsection (4)(b) , transfer the balance in the cemetery perpetual care trust fund to the capital improvements fund. 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.
Section 10-5-119Verify source
§ 10-5-119(1)Subsection 10-5-119(1)Provision

Source excerpt

Remaining balances in a special assessment fund, and any unrequired balance in the town's special improvements guaranty fund, must be handled as provided in Sections 11-42-413 and 11-42-701.

Any balance remaining in a special assessment fund and any unrequired balance in the town's special improvements guaranty fund shall be treated in the manner provided in Sections 11-42-413 and 11-42-701 .
Section 10-5-119(1)Verify source
§ 10-5-119(2)Subsection 10-5-119(2)Provision

Source excerpt

Any balance remaining in a capital improvements or capital projects fund shall be transferred to: the appropriate debt service fund or other fund as required by the bond ordinance; or to the fund balance account in the town general fund.

Any balance remaining in a capital improvements or capital projects fund shall be transferred to: the appropriate debt service fund or other fund as required by the bond ordinance; or to the fund balance account in the town general fund.
Section 10-5-119(2)Verify source
§ 10-5-119(2)(a)Subsection 10-5-119(2)(a)Provision

Source excerpt

the appropriate debt service fund or other fund as required by the bond ordinance; or

the appropriate debt service fund or other fund as required by the bond ordinance; or
Section 10-5-119(2)(a)Verify source
§ 10-5-119(2)(b)Subsection 10-5-119(2)(b)Provision

Source excerpt

to the fund balance account in the town general fund.

to the fund balance account in the town general fund.
Section 10-5-119(2)(b)Verify source
§ 10-5-119(3)Subsection 10-5-119(3)Provision

Source excerpt

If a town council seeks to transfer a trust-fund balance after the fund’s original purpose or restriction has ended, it must hold a public hearing and invite original contributors to attend.

If the town council 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 town council shall hold a public hearing in accordance with Sections 10-5-108 and 10-5-109 . In addition to the notice requirements of Section 10-5-108 , the published notice shall invite original contributors who contributed to the fund to appear at the hearing. If the town council 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 council a verified claim only for the amount of each original contributor's contribution. Any claim not filed in accordance with this section is invalid and barred. Any balance remaining, after refunds to eligible original contributors, shall be transferred to the fund balance account in the town general fund.
Section 10-5-119(3)Verify source
§ 10-5-119(3)(a)Subsection 10-5-119(3)(a)Provision

Source excerpt

If a town council proposes to transfer a balance in a trust fund for a specific purpose, and the fund is not a cemetery perpetual care trust fund, it must hold a public hearing when the original purpose or restriction has ceased to exist.

If the town council 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 town council shall hold a public hearing in accordance with Sections 10-5-108 and 10-5-109 .
Section 10-5-119(3)(a)Verify source
§ 10-5-119(3)(b)Subsection 10-5-119(3)(b)Provision

Source excerpt

The published notice must invite original contributors to the fund to appear at the hearing.

In addition to the notice requirements of Section 10-5-108 , the published notice shall invite original contributors who contributed to the fund to appear at the hearing.
Section 10-5-119(3)(b)Verify source
§ 10-5-119(3)(c)Subsection 10-5-119(3)(c)Provision

Source excerpt

If the town council 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

If the town council 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 council a verified claim only for the amount of each original contributor's contribution. Any claim not filed in accordance with this section is invalid and barred.
Section 10-5-119(3)(c)Verify source
§ 10-5-119(3)(c)(i)Subsection 10-5-119(3)(c)(i)Provision

Source excerpt

If the town council determines fund balances are refundable, the original contributors have 30 days after the hearing to file a verified claim with the council.

If the town council 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 council a verified claim only for the amount of each original contributor's contribution.
Section 10-5-119(3)(c)(i)Verify source
§ 10-5-119(3)(c)(ii)Subsection 10-5-119(3)(c)(ii)Provision

Source excerpt

Any claim not filed in accordance with this section is invalid and barred.

Any claim not filed in accordance with this section is invalid and barred.
Section 10-5-119(3)(c)(ii)Verify source
§ 10-5-119(3)(d)Subsection 10-5-119(3)(d)Provision

Source excerpt

Any remaining balance must be transferred to the town general fund after refunds to eligible original contributors.

Any balance remaining, after refunds to eligible original contributors, shall be transferred to the fund balance account in the town general fund.
Section 10-5-119(3)(d)Verify source
§ 10-5-119(4)Subsection 10-5-119(4)Provision

Source excerpt

If the town council decides the cemetery perpetual care trust fund is no longer needed for continued maintenance, it may transfer the fund balance to the capital improvements fund.

If the town council 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 council may, subject to Subsection (4)(b) , transfer the balance in the cemetery perpetual care trust fund to the capital improvements fund. 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.
Section 10-5-119(4)Verify source
§ 10-5-119(4)(a)Subsection 10-5-119(4)(a)Provision

Source excerpt

If the town council determines the cemetery perpetual care trust fund no longer needs continued maintenance, it may transfer the fund balance to the capital improvements fund, subject to Subsection (4)(b).

If the town council 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 council may, subject to Subsection (4)(b) , transfer the balance in the cemetery perpetual care trust fund to the capital improvements fund.
Section 10-5-119(4)(a)Verify source
§ 10-5-119(4)(b)Subsection 10-5-119(4)(b)Provision

Source excerpt

Money transferred from the cemetery perpetual care trust fund to the capital improvements fund must be used only for cemetery purposes, including land, buildings, or major improvements.

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.
Section 10-5-119(4)(b)Verify source

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