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United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-6-131

When certain city special funds no longer need to be maintained, the governing body must transfer remaining balances as specified, and in some cases must hold a public hearing and allow original contributors to file…

Source excerpt

capital improvementscemetery fund usecemetery maintenancefund transfersspecial assessment fundsspecial fundsspecial improvements guaranty fundtrust funds
Jurisdiction
United States — Utah
Status
In force
Dates
Legal dates not recorded
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01

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“When certain city special funds no longer need to be maintained, the governing body must transfer remaining balances as specified, and in some cases must hold a public hearing and allow original contributors to file verified claims within 30 days.”

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Transfer of balances in special funds.

When certain city special funds no longer need to be maintained, the governing body must transfer remaining balances as specified, and in some cases must hold a public hearing and allow original contributors to file verified claims within 30 days.

Section 10-6-131

Subsection 10-6-131(3)(b)

The published notice must invite original contributors to appear at the hearing, in addition to the notice requirements of Section 10-6-113.

Section 10-6-131(3)(b)

Subsection 10-6-131(3)(d)

After refunds to eligible original contributors, any remaining balance must be transferred to the city general fund’s fund balance account.

Section 10-6-131(3)(d)

Subsection 10-6-131(4)(b)

Money transferred from the cemetery perpetual care trust fund to the capital improvements fund must be used only for cemetery purposes.

Section 10-6-131(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
§ 10-6-131Transfer of balances in special funds.Provision

Source excerpt

When certain city special funds no longer need to be maintained, the governing body must transfer remaining balances as specified, and in some cases must hold a public hearing and allow original contributors to file verified claims within 30 days.

Transfer of balances in special funds. 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: 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 . 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 city general fund. 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 . 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. 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. 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 city general fund. 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. 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 10-6-131Verify source
§ 10-6-131(1)Subsection 10-6-131(1)Provision

Source excerpt

Leftover balances in a special assessment fund and any unrequired balance in the city'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 city's special improvements guaranty fund shall be treated in the manner provided in Sections 11-42-413 and 11-42-701 .
Section 10-6-131(1)Verify source
§ 10-6-131(2)Subsection 10-6-131(2)Provision

Source excerpt

Any remaining balance in a capital improvements or capital projects fund must be transferred as directed by the bond ordinance or to the city general fund balance account.

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 city general fund.
Section 10-6-131(2)Verify source
§ 10-6-131(2)(a)Subsection 10-6-131(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 10-6-131(2)(a)Verify source
§ 10-6-131(2)(b)Subsection 10-6-131(2)(b)Provision

Source excerpt

to the fund balance account in the city general fund.

to the fund balance account in the city general fund.
Section 10-6-131(2)(b)Verify source
§ 10-6-131(3)Subsection 10-6-131(3)Provision

Source excerpt

If a governing body seeks to transfer a qualifying trust-fund balance after the original purpose or restriction has ended, it must hold a public hearing and invite the original contributors to appear.

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 . 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. 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. 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 city general fund.
Section 10-6-131(3)Verify source
§ 10-6-131(3)(a)Subsection 10-6-131(3)(a)Provision

Source excerpt

If the governing body proposes to transfer a balance in a trust fund for a specific purpose, it must hold a public hearing, unless the fund is a cemetery perpetual care trust fund and the transfer is because the original purpose or restriction has ceased to exist.

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 .
Section 10-6-131(3)(a)Verify source
§ 10-6-131(3)(b)Subsection 10-6-131(3)(b)Provision

Source excerpt

The published notice must invite original contributors to appear at the hearing, in addition to the notice requirements of Section 10-6-113.

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.
Section 10-6-131(3)(b)Verify source
§ 10-6-131(3)(c)Subsection 10-6-131(3)(c)Provision

Source excerpt

If the governing body finds the fund balance is refundable to the original contributors, they have 30 days after the hearing to file a verified claim for their contribution amount.

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. Any claim not filed in accordance with this section is invalid and barred.
Section 10-6-131(3)(c)Verify source
§ 10-6-131(3)(c)(i)Subsection 10-6-131(3)(c)(i)Provision

Source excerpt

If the governing body decides the fund balance is refundable, the original contributors have 30 days after the hearing to file a verified claim with the governing body for only their own contribution amount.

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.
Section 10-6-131(3)(c)(i)Verify source
§ 10-6-131(3)(c)(ii)Subsection 10-6-131(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 10-6-131(3)(c)(ii)Verify source
§ 10-6-131(3)(d)Subsection 10-6-131(3)(d)Provision

Source excerpt

After refunds to eligible original contributors, any remaining balance must be transferred to the city general fund’s fund balance account.

Any balance remaining, after refunds to eligible original contributors, shall be transferred to the fund balance account in the city general fund.
Section 10-6-131(3)(d)Verify source
§ 10-6-131(4)Subsection 10-6-131(4)Provision

Source excerpt

If the governing body determines that continued maintenance of the cemetery perpetual care trust fund is no longer needed, it may transfer the fund balance to the capital improvements fund; the transferred money must be used only for cemetery purposes.

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. 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 10-6-131(4)Verify source
§ 10-6-131(4)(a)Subsection 10-6-131(4)(a)Provision

Source excerpt

If the governing body decides that continued maintenance of the cemetery perpetual care trust fund is no longer needed, it may transfer the fund balance to the capital improvements fund, subject to Subsection (4)(b).

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.
Section 10-6-131(4)(a)Verify source
§ 10-6-131(4)(b)Subsection 10-6-131(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.

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 10-6-131(4)(b)Verify source

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