United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-6-132

Loans by one fund to another -- Acquiring bonds for investment. Subject to this section, restrictions imposed by bond ordinance, or other controlling regulations, the governing body of a city may: subject to the…

bond investmentbudget processinterest termsinterfund lendinginterfund loan procedureinterfund loansinvestmentloan documentationloan interest ratelocal government financemunicipal financenotice requirementspublic hearingpublic investment ratetreasury note comparison

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“Loans by one fund to another -- Acquiring bonds for investment. Subject to this section, restrictions imposed by bond ordinance, or other controlling regulations, the governing body of a city may: subject to the restrictions in Section”

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Loans by one fund to another -- Acquiring bonds for investment.

Loans by one fund to another -- Acquiring bonds for investment. Subject to this section, restrictions imposed by bond ordinance, or other controlling regulations, the governing body of a city may: subject to the restrictions in Section

Section 10-6-132

Subsection 10-6-132(4)

The governing body must set the loan interest rate to reflect potential investment gain, and the rate must not fall below specified benchmark rates depending on the loan term.

Section 10-6-132(4)

Subsection 10-6-132(5)(a)

For an interfund loan under Subsection (1)(a), the governing body shall: hold a public hearing; prepare a written notice of the date, time, place, and purpose of the hearing, and the proposed terms and conditions of the interfund loan

Section 10-6-132(5)(a)

Subsection 10-6-132(6)(b)

a short-term advance from the city's cash and investment pool to individual funds that are repaid by the end of the fiscal year.

Section 10-6-132(6)(b)

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Showing 34 of 34 provisions

Provision 31Amendment 3
§ 10-6-132Loans by one fund to another -- Acquiring bonds for investment.Amendment

Loans by one fund to another -- Acquiring bonds for investment. Subject to this section, restrictions imposed by bond ordinance, or other controlling regulations, the governing body of a city may: subject to the restrictions in Section

Loans by one fund to another -- Acquiring bonds for investment. Subject to this section, restrictions imposed by bond ordinance, or other controlling regulations, the governing body of a city may: subject to the restrictions in Section 53-2a-605 , authorize an interfund loan from one fund to another; and with available cash in any fund, purchase or otherwise acquire for investment an unmatured bond of the city or of any fund of the city. An interfund loan under Subsection (1)(a) shall be in writing and specify the terms and conditions of the loan, including the: effective date of the loan; name of the fund loaning the money; name of the fund receiving the money; amount of the loan; subject to Subsection (3), term of and repayment schedule for the loan; subject to Subsection (4), interest rate of the loan; method of calculating interest applicable to the loan; procedures for: applying interest to the loan; and paying interest on the loan; and other terms and conditions the governing body determines applicable. The term and repayment schedule specified under Subsection (2)(e) may not exceed 10 years. In determining the interest rate of the loan specified under Subsection (2)(f), the governing body shall apply an interest rate that reflects the rate of potential gain had the funds been deposited or invested in a comparable investment. Notwithstanding Subsection (4)(a), the interest rate of the loan specified under Subsection (2)(f): if the term of the loan under Subsection (2)(e) is one year or less, may not be less than the rate offered by the Public Treasurers' Investment Fund as defined in Section 51-7-3 ; or if the term of the loan under Subsection (2)(e) is more than one year, may not be less than the greater of the rate offered by: the Public Treasurers' Investment Fund as defined in Section 51-7-3 ; or a United States Treasury note of a comparable term. For an interfund loan under Subsection (1)(a), the governing body shall: hold a public hearing; prepare a written notice of the date, time, place, and purpose of the hearing, and the proposed terms and conditions of the interfund loan under Subsection (2); provide notice of the public hearing in the same manner as required under Section 10-6-113 as if the hearing were a budget hearing; and authorize the interfund loan by ordinance or resolution in a public meeting. The notice and hearing requirements in Subsection (5)(a) are satisfied if the interfund loan is included in an original budget or in a subsequent budget amendment previously approved by the governing body for the current fiscal year. Subsections (2) through (5) do not apply to an interfund loan if the interfund loan is: a loan from the city general fund to any other fund of the city; or a short-term advance from the city's cash and investment pool to individual funds that are repaid by the end of the fiscal year.
Section 10-6-132Verify source
§ 10-6-132(1)Subsection 10-6-132(1)Provision

A city’s governing body may authorize certain interfund loans and may buy an unmatured city bond or fund bond for investment, subject to stated restrictions.

Subject to this section, restrictions imposed by bond ordinance, or other controlling regulations, the governing body of a city may: subject to the restrictions in Section 53-2a-605 , authorize an interfund loan from one fund to another; and with available cash in any fund, purchase or otherwise acquire for investment an unmatured bond of the city or of any fund of the city.
Section 10-6-132(1)Verify source
§ 10-6-132(1)(a)Subsection 10-6-132(1)(a)Provision

An authority may authorize an interfund loan from one fund to another, subject to Section 53-2a-605 restrictions.

subject to the restrictions in Section 53-2a-605 , authorize an interfund loan from one fund to another; and
Section 10-6-132(1)(a)Verify source
§ 10-6-132(1)(b)Subsection 10-6-132(1)(b)Provision

with available cash in any fund, purchase or otherwise acquire for investment an unmatured bond of the city or of any fund of the city.

with available cash in any fund, purchase or otherwise acquire for investment an unmatured bond of the city or of any fund of the city.
Section 10-6-132(1)(b)Verify source
§ 10-6-132(2)Subsection 10-6-132(2)Provision

An interfund loan must be in writing and must state its key terms, including dates, parties, amount, repayment details, interest details, and any other terms the governing body decides apply.

An interfund loan under Subsection (1)(a) shall be in writing and specify the terms and conditions of the loan, including the: effective date of the loan; name of the fund loaning the money; name of the fund receiving the money; amount of the loan; subject to Subsection (3), term of and repayment schedule for the loan; subject to Subsection (4), interest rate of the loan; method of calculating interest applicable to the loan; procedures for: applying interest to the loan; and paying interest on the loan; and other terms and conditions the governing body determines applicable.
Section 10-6-132(2)Verify source
§ 10-6-132(2)(a)Subsection 10-6-132(2)(a)Provision

effective date of the loan;

effective date of the loan;
Section 10-6-132(2)(a)Verify source
§ 10-6-132(2)(b)Subsection 10-6-132(2)(b)Provision

name of the fund loaning the money;

name of the fund loaning the money;
Section 10-6-132(2)(b)Verify source
§ 10-6-132(2)(c)Subsection 10-6-132(2)(c)Provision

name of the fund receiving the money;

name of the fund receiving the money;
Section 10-6-132(2)(c)Verify source
§ 10-6-132(2)(d)Subsection 10-6-132(2)(d)Provision

amount of the loan;

amount of the loan;
Section 10-6-132(2)(d)Verify source
§ 10-6-132(2)(e)Subsection 10-6-132(2)(e)Provision

subject to Subsection (3), term of and repayment schedule for the loan;

subject to Subsection (3), term of and repayment schedule for the loan;
Section 10-6-132(2)(e)Verify source
§ 10-6-132(2)(f)Subsection 10-6-132(2)(f)Provision

subject to Subsection (4), interest rate of the loan;

subject to Subsection (4), interest rate of the loan;
Section 10-6-132(2)(f)Verify source
§ 10-6-132(2)(g)Subsection 10-6-132(2)(g)Provision

method of calculating interest applicable to the loan;

method of calculating interest applicable to the loan;
Section 10-6-132(2)(g)Verify source
§ 10-6-132(2)(h)Subsection 10-6-132(2)(h)Provision

procedures for: applying interest to the loan; and paying interest on the loan; and

procedures for: applying interest to the loan; and paying interest on the loan; and
Section 10-6-132(2)(h)Verify source
§ 10-6-132(2)(h)(i)Subsection 10-6-132(2)(h)(i)Provision

applying interest to the loan; and

applying interest to the loan; and
Section 10-6-132(2)(h)(i)Verify source
§ 10-6-132(2)(h)(ii)Subsection 10-6-132(2)(h)(ii)Provision

paying interest on the loan; and

paying interest on the loan; and
Section 10-6-132(2)(h)(ii)Verify source
§ 10-6-132(2)(i)Subsection 10-6-132(2)(i)Provision
Section 10-6-132(2)(i)Verify source
§ 10-6-132(3)Subsection 10-6-132(3)Provision

The term and repayment schedule under Subsection (2)(e) may not be longer than 10 years.

The term and repayment schedule specified under Subsection (2)(e) may not exceed 10 years.
Section 10-6-132(3)Verify source
§ 10-6-132(4)Subsection 10-6-132(4)Provision

The governing body must set the loan interest rate to reflect potential investment gain, and the rate must not fall below specified benchmark rates depending on the loan term.

In determining the interest rate of the loan specified under Subsection (2)(f), the governing body shall apply an interest rate that reflects the rate of potential gain had the funds been deposited or invested in a comparable investment. Notwithstanding Subsection (4)(a), the interest rate of the loan specified under Subsection (2)(f): if the term of the loan under Subsection (2)(e) is one year or less, may not be less than the rate offered by the Public Treasurers' Investment Fund as defined in Section 51-7-3 ; or if the term of the loan under Subsection (2)(e) is more than one year, may not be less than the greater of the rate offered by: the Public Treasurers' Investment Fund as defined in Section 51-7-3 ; or a United States Treasury note of a comparable term.
Section 10-6-132(4)Verify source
§ 10-6-132(4)(a)Subsection 10-6-132(4)(a)Provision

The governing body must set the loan interest rate to reflect the potential gain from depositing or investing the funds in a comparable investment.

In determining the interest rate of the loan specified under Subsection (2)(f), the governing body shall apply an interest rate that reflects the rate of potential gain had the funds been deposited or invested in a comparable investment.
Section 10-6-132(4)(a)Verify source
§ 10-6-132(4)(b)Subsection 10-6-132(4)(b)Provision

The loan interest rate must meet a minimum tied to the Public Treasurers' Investment Fund rate, and for loans over one year it must be at least the greater of that rate or a comparable U.S. Treasury note rate.

Notwithstanding Subsection (4)(a), the interest rate of the loan specified under Subsection (2)(f): if the term of the loan under Subsection (2)(e) is one year or less, may not be less than the rate offered by the Public Treasurers' Investment Fund as defined in Section 51-7-3 ; or if the term of the loan under Subsection (2)(e) is more than one year, may not be less than the greater of the rate offered by: the Public Treasurers' Investment Fund as defined in Section 51-7-3 ; or a United States Treasury note of a comparable term.
Section 10-6-132(4)(b)Verify source
§ 10-6-132(4)(b)(i)Subsection 10-6-132(4)(b)(i)Provision

If a loan term under Subsection (2)(e) is one year or less, the rate may not be below the Public Treasurers' Investment Fund rate.

if the term of the loan under Subsection (2)(e) is one year or less, may not be less than the rate offered by the Public Treasurers' Investment Fund as defined in Section 51-7-3 ; or
Section 10-6-132(4)(b)(i)Verify source
§ 10-6-132(4)(b)(ii)Subsection 10-6-132(4)(b)(ii)Provision

if the term of the loan under Subsection (2)(e) is more than one year, may not be less than the greater of the rate offered by: the Public Treasurers' Investment Fund as defined in Section 51-7-3 ; or a United States Treasury note of a

if the term of the loan under Subsection (2)(e) is more than one year, may not be less than the greater of the rate offered by: the Public Treasurers' Investment Fund as defined in Section 51-7-3 ; or a United States Treasury note of a comparable term.
Section 10-6-132(4)(b)(ii)Verify source
§ 10-6-132(4)(b)(ii)(A)Subsection 10-6-132(4)(b)(ii)(A)Provision

the Public Treasurers' Investment Fund as defined in Section 51-7-3 ; or

the Public Treasurers' Investment Fund as defined in Section 51-7-3 ; or
Section 10-6-132(4)(b)(ii)(A)Verify source
§ 10-6-132(4)(b)(ii)(B)Subsection 10-6-132(4)(b)(ii)(B)Provision

a United States Treasury note of a comparable term.

a United States Treasury note of a comparable term.
Section 10-6-132(4)(b)(ii)(B)Verify source
§ 10-6-132(5)Subsection 10-6-132(5)Amendment

For an interfund loan under Subsection (1)(a), the governing body must hold a public hearing, give written notice, provide hearing notice as for a budget hearing, and authorize the loan by ordinance or resolution in a public meeting.

For an interfund loan under Subsection (1)(a), the governing body shall: hold a public hearing; prepare a written notice of the date, time, place, and purpose of the hearing, and the proposed terms and conditions of the interfund loan under Subsection (2); provide notice of the public hearing in the same manner as required under Section 10-6-113 as if the hearing were a budget hearing; and authorize the interfund loan by ordinance or resolution in a public meeting. The notice and hearing requirements in Subsection (5)(a) are satisfied if the interfund loan is included in an original budget or in a subsequent budget amendment previously approved by the governing body for the current fiscal year.
Section 10-6-132(5)Verify source
§ 10-6-132(5)(a)Subsection 10-6-132(5)(a)Provision

For an interfund loan under Subsection (1)(a), the governing body shall: hold a public hearing; prepare a written notice of the date, time, place, and purpose of the hearing, and the proposed terms and conditions of the interfund loan

For an interfund loan under Subsection (1)(a), the governing body shall: hold a public hearing; prepare a written notice of the date, time, place, and purpose of the hearing, and the proposed terms and conditions of the interfund loan under Subsection (2); provide notice of the public hearing in the same manner as required under Section 10-6-113 as if the hearing were a budget hearing; and authorize the interfund loan by ordinance or resolution in a public meeting.
Section 10-6-132(5)(a)Verify source
§ 10-6-132(5)(a)(i)Subsection 10-6-132(5)(a)(i)Provision

hold a public hearing;

hold a public hearing;
Section 10-6-132(5)(a)(i)Verify source
§ 10-6-132(5)(a)(ii)Subsection 10-6-132(5)(a)(ii)Provision

A written notice must be prepared for the hearing.

Section 10-6-132(5)(a)(ii)Verify source
§ 10-6-132(5)(a)(iii)Subsection 10-6-132(5)(a)(iii)Provision

provide notice of the public hearing in the same manner as required under Section 10-6-113 as if the hearing were a budget hearing; and

provide notice of the public hearing in the same manner as required under Section 10-6-113 as if the hearing were a budget hearing; and
Section 10-6-132(5)(a)(iii)Verify source
§ 10-6-132(5)(a)(iv)Subsection 10-6-132(5)(a)(iv)Provision

An authority may authorize the interfund loan by ordinance or resolution in a public meeting.

authorize the interfund loan by ordinance or resolution in a public meeting.
Section 10-6-132(5)(a)(iv)Verify source
§ 10-6-132(5)(b)Subsection 10-6-132(5)(b)Amendment

The notice and hearing requirements in Subsection (5)(a) are satisfied if the interfund loan is included in an original budget or in a subsequent budget amendment previously approved by the governing body for the current fiscal year.

The notice and hearing requirements in Subsection (5)(a) are satisfied if the interfund loan is included in an original budget or in a subsequent budget amendment previously approved by the governing body for the current fiscal year.
Section 10-6-132(5)(b)Verify source
§ 10-6-132(6)Subsection 10-6-132(6)Provision

Subsections (2) through (5) do not apply to an interfund loan if the interfund loan is: a loan from the city general fund to any other fund of the city; or a short-term advance from the city's cash and investment pool to individual funds

Subsections (2) through (5) do not apply to an interfund loan if the interfund loan is: a loan from the city general fund to any other fund of the city; or a short-term advance from the city's cash and investment pool to individual funds that are repaid by the end of the fiscal year.
Section 10-6-132(6)Verify source
§ 10-6-132(6)(a)Subsection 10-6-132(6)(a)Provision

a loan from the city general fund to any other fund of the city; or

a loan from the city general fund to any other fund of the city; or
Section 10-6-132(6)(a)Verify source
§ 10-6-132(6)(b)Subsection 10-6-132(6)(b)Provision

a short-term advance from the city's cash and investment pool to individual funds that are repaid by the end of the fiscal year.

a short-term advance from the city's cash and investment pool to individual funds that are repaid by the end of the fiscal year.
Section 10-6-132(6)(b)Verify source

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