“A city may transfer enterprise fund money to another fund only if it follows the section’s notice, hearing, and post-adoption disclosure requirements.”
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If a governing body adopts a budget or budget amendment tied to a transfer from an enterprise fund, it must give notices, post accounting data online, publish on social media if applicable, and send specific fund information to the state auditor on a deadline.
The governing body must keep the required website posting in place continuously until another posting is required under Subsection (4)(a).
Section 10-6-135.5(6)(c)
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Showing 48 of 48 provisions
Provision 36Amendment 11Interpretation
§ 10-6-135.5Transfer of enterprise fund money to another fund -- Notice.Amendment
Source excerpt
A city may transfer enterprise fund money to another fund only if it follows the section’s notice, hearing, and post-adoption disclosure requirements.
Transfer of enterprise fund money to another fund -- Notice.
As used in this section: "Budget hearing" means a public hearing required under Section 10-6-114 . "Enterprise fund accounting data" means a detailed overview of the various enterprise funds of the city that includes: a cost accounting breakdown of how money in the enterprise fund is being used to cover, as applicable: administrative and overhead costs of the city attributable to the operation of the enterprise for which the enterprise fund was created; and other costs not associated with the enterprise for which the enterprise fund was created; and specific enterprise fund information. "Enterprise fund hearing" means the public hearing required under Subsection (3)(d) . "Specific enterprise fund information" means: the dollar amount of transfers from an enterprise fund to another fund; and the percentage of the total enterprise fund expenditures represented by each transfer to another fund. Subject to the requirements of this section, a city may transfer money in an enterprise fund to another fund to pay for a good, service, project, venture, or other purpose that is not directly related to the goods or services provided by the enterprise for which the enterprise fund was created. The governing body of a city that intends to transfer money in an enterprise fund to another fund shall: provide notice of the intended transfer as required under Subsection (4) ; clearly identify in a separate section or document accompanying the city's tentative budget or, if an amendment to the city's budget includes or is based on an intended transfer, in a separate section or document accompanying the amendment to the city's budget: the enterprise fund from which money is intended to be transferred; and the specific enterprise fund information for that enterprise fund; provide notice of an enterprise fund hearing, as required in Subsection (4) ; and hold an enterprise fund hearing before the adoption of the city's budget or, if applicable, the amendment to the budget. For at least seven days before holding an enterprise fund hearing, a governing body shall provide the notice described in Subsection (4)(b) for the city, as a class A notice under Section 63G-30-102 . The notice required under Subsection (4)(a) shall: explain the intended transfer of enterprise fund money to another fund; include specific enterprise fund information for each enterprise fund from which money is intended to be transferred; provide the date, time, and place of the enterprise fund hearing; and explain the purpose of the enterprise fund hearing. An enterprise fund hearing shall be separate and independent from a budget hearing and any other public hearing. At an enterprise fund hearing, the governing body shall: explain the intended transfer of enterprise fund money to another fund; provide enterprise fund accounting data to the public; and allow members of the public in attendance at the hearing to comment on: the intended transfer of enterprise fund money to another fund; and the enterprise fund accounting data. If a governing body adopts a budget or a budget amendment that includes or is based on a transfer of money from an enterprise fund to another fund, the governing body shall: within 60 days after adopting the budget or budget amendment: mail a notice to users of the goods or services provided by the enterprise for which the enterprise fund was created, if the city regularly mails users a periodic billing for the goods or services; and email a notice to users of the goods or services provided by the enterprise for which the enterprise fund was created, if the city regularly emails users a periodic billing for the goods or services; within seven days after adopting the budget or budget amendment: post enterprise fund accounting data on the city's website, if the city has a website; using the city's social media platform, publish notice of the adoption of a budget or budget amendment that includes or is based on a transfer of money from an enterprise fund to another fund, if the city communicates with the public through a social media platform; and within 30 days after adopting the budget, submit to the state auditor the specific enterprise fund information for each enterprise fund from which money will be transferred. A notice required under Subsection (6)(a)(i) shall: announce the adoption of a budget or budget amendment that includes or is based on a transfer of money from an enterprise fund to another fund; and include the specific enterprise fund information. The governing body shall maintain the website posting required under Subsection (6)(a)(ii)(A) continuously until another posting is required under Subsection (4)(a) .
This subsection defines four terms used in the section: budget hearing, enterprise fund accounting data, enterprise fund hearing, and specific enterprise fund information.
As used in this section: "Budget hearing" means a public hearing required under Section 10-6-114 . "Enterprise fund accounting data" means a detailed overview of the various enterprise funds of the city that includes: a cost accounting breakdown of how money in the enterprise fund is being used to cover, as applicable: administrative and overhead costs of the city attributable to the operation of the enterprise for which the enterprise fund was created; and other costs not associated with the enterprise for which the enterprise fund was created; and specific enterprise fund information. "Enterprise fund hearing" means the public hearing required under Subsection (3)(d) . "Specific enterprise fund information" means: the dollar amount of transfers from an enterprise fund to another fund; and the percentage of the total enterprise fund expenditures represented by each transfer to another fund.
Defines “enterprise fund accounting data” as a detailed overview of a city’s enterprise funds.
"Enterprise fund accounting data" means a detailed overview of the various enterprise funds of the city that includes: a cost accounting breakdown of how money in the enterprise fund is being used to cover, as applicable: administrative and overhead costs of the city attributable to the operation of the enterprise for which the enterprise fund was created; and other costs not associated with the enterprise for which the enterprise fund was created; and specific enterprise fund information.
The city must provide a cost accounting breakdown showing how enterprise fund money is used to cover applicable costs.
a cost accounting breakdown of how money in the enterprise fund is being used to cover, as applicable: administrative and overhead costs of the city attributable to the operation of the enterprise for which the enterprise fund was created; and other costs not associated with the enterprise for which the enterprise fund was created; and
This definition states that “specific enterprise fund information” includes the dollar amount of transfers from an enterprise fund to another fund and the percentage of enterprise fund expenditures represented by each transfer.
"Specific enterprise fund information" means: the dollar amount of transfers from an enterprise fund to another fund; and the percentage of the total enterprise fund expenditures represented by each transfer to another fund.
A city may transfer money from an enterprise fund to another fund, subject to this section’s requirements.
Subject to the requirements of this section, a city may transfer money in an enterprise fund to another fund to pay for a good, service, project, venture, or other purpose that is not directly related to the goods or services provided by the enterprise for which the enterprise fund was created.
A city governing body planning to transfer enterprise-fund money to another fund must give the required notice, identify the transfer details in the budget materials, give notice of an enterprise fund hearing, and hold that hearing before the budget is adopted.
The governing body of a city that intends to transfer money in an enterprise fund to another fund shall: provide notice of the intended transfer as required under Subsection (4) ; clearly identify in a separate section or document accompanying the city's tentative budget or, if an amendment to the city's budget includes or is based on an intended transfer, in a separate section or document accompanying the amendment to the city's budget: the enterprise fund from which money is intended to be transferred; and the specific enterprise fund information for that enterprise fund; provide notice of an enterprise fund hearing, as required in Subsection (4) ; and hold an enterprise fund hearing before the adoption of the city's budget or, if applicable, the amendment to the budget.
The city must clearly identify certain enterprise fund information in a separate section or document that accompanies the tentative budget, or a budget amendment tied to an intended transfer.
clearly identify in a separate section or document accompanying the city's tentative budget or, if an amendment to the city's budget includes or is based on an intended transfer, in a separate section or document accompanying the amendment to the city's budget: the enterprise fund from which money is intended to be transferred; and the specific enterprise fund information for that enterprise fund;
Before an enterprise fund hearing, the governing body must give the required city notice at least 7 days in advance.
For at least seven days before holding an enterprise fund hearing, a governing body shall provide the notice described in Subsection (4)(b) for the city, as a class A notice under Section 63G-30-102 . The notice required under Subsection (4)(a) shall: explain the intended transfer of enterprise fund money to another fund; include specific enterprise fund information for each enterprise fund from which money is intended to be transferred; provide the date, time, and place of the enterprise fund hearing; and explain the purpose of the enterprise fund hearing.
A governing body must give the required notice at least seven days before holding an enterprise fund hearing.
For at least seven days before holding an enterprise fund hearing, a governing body shall provide the notice described in Subsection (4)(b) for the city, as a class A notice under Section 63G-30-102 .
The required notice must describe the planned transfer of enterprise fund money, identify the relevant enterprise fund information, state the hearing date, time, and place, and explain the hearing’s purpose.
The notice required under Subsection (4)(a) shall: explain the intended transfer of enterprise fund money to another fund; include specific enterprise fund information for each enterprise fund from which money is intended to be transferred; provide the date, time, and place of the enterprise fund hearing; and explain the purpose of the enterprise fund hearing.
At an enterprise fund hearing, the governing body must explain the transfer, provide accounting data, and let the public comment.
An enterprise fund hearing shall be separate and independent from a budget hearing and any other public hearing. At an enterprise fund hearing, the governing body shall: explain the intended transfer of enterprise fund money to another fund; provide enterprise fund accounting data to the public; and allow members of the public in attendance at the hearing to comment on: the intended transfer of enterprise fund money to another fund; and the enterprise fund accounting data.
At an enterprise fund hearing, the governing body must explain the intended transfer of enterprise fund money, provide enterprise fund accounting data to the public, and allow public attendees to comment on those topics.
At an enterprise fund hearing, the governing body shall: explain the intended transfer of enterprise fund money to another fund; provide enterprise fund accounting data to the public; and allow members of the public in attendance at the hearing to comment on: the intended transfer of enterprise fund money to another fund; and the enterprise fund accounting data.
People attending the hearing may comment on the intended transfer of enterprise fund money and the enterprise fund accounting data.
allow members of the public in attendance at the hearing to comment on: the intended transfer of enterprise fund money to another fund; and the enterprise fund accounting data.
If a governing body adopts a budget or budget amendment tied to a transfer from an enterprise fund, it must give notices, post accounting data online, publish on social media if applicable, and send specific fund information to the state auditor on a deadline.
If a governing body adopts a budget or a budget amendment that includes or is based on a transfer of money from an enterprise fund to another fund, the governing body shall: within 60 days after adopting the budget or budget amendment: mail a notice to users of the goods or services provided by the enterprise for which the enterprise fund was created, if the city regularly mails users a periodic billing for the goods or services; and email a notice to users of the goods or services provided by the enterprise for which the enterprise fund was created, if the city regularly emails users a periodic billing for the goods or services; within seven days after adopting the budget or budget amendment: post enterprise fund accounting data on the city's website, if the city has a website; using the city's social media platform, publish notice of the adoption of a budget or budget amendment that includes or is based on a transfer of money from an enterprise fund to another fund, if the city communicates with the public through a social media platform; and within 30 days after adopting the budget, submit to the state auditor the specific enterprise fund information for each enterprise fund from which money will be transferred. A notice required under Subsection (6)(a)(i) shall: announce the adoption of a budget or budget amendment that includes or is based on a transfer of money from an enterprise fund to another fund; and include the specific enterprise fund information. The governing body shall maintain the website posting required under Subsection (6)(a)(ii)(A) continuously until another posting is required under Subsection (4)(a) .
If a governing body adopts a budget or budget amendment tied to a transfer from an enterprise fund to another fund, it must give notice to users, post accounting data online, publish a social media notice, and submit enterprise fund information to the state auditor, with timing and medium depending on the city’s billing, website, and social media practices.
If a governing body adopts a budget or a budget amendment that includes or is based on a transfer of money from an enterprise fund to another fund, the governing body shall: within 60 days after adopting the budget or budget amendment: mail a notice to users of the goods or services provided by the enterprise for which the enterprise fund was created, if the city regularly mails users a periodic billing for the goods or services; and email a notice to users of the goods or services provided by the enterprise for which the enterprise fund was created, if the city regularly emails users a periodic billing for the goods or services; within seven days after adopting the budget or budget amendment: post enterprise fund accounting data on the city's website, if the city has a website; using the city's social media platform, publish notice of the adoption of a budget or budget amendment that includes or is based on a transfer of money from an enterprise fund to another fund, if the city communicates with the public through a social media platform; and within 30 days after adopting the budget, submit to the state auditor the specific enterprise fund information for each enterprise fund from which money will be transferred.
The city must send a notice to users within 60 days after adopting a budget or budget amendment, by mail if it regularly mails periodic bills, and by email if it regularly emails periodic bills.
within 60 days after adopting the budget or budget amendment: mail a notice to users of the goods or services provided by the enterprise for which the enterprise fund was created, if the city regularly mails users a periodic billing for the goods or services; and email a notice to users of the goods or services provided by the enterprise for which the enterprise fund was created, if the city regularly emails users a periodic billing for the goods or services;
The enterprise must mail a notice to users of its goods or services if the city regularly mails those users a periodic billing.
mail a notice to users of the goods or services provided by the enterprise for which the enterprise fund was created, if the city regularly mails users a periodic billing for the goods or services; and
The enterprise must email a notice to users of the goods or services if the city regularly emails users a periodic billing for those goods or services.
email a notice to users of the goods or services provided by the enterprise for which the enterprise fund was created, if the city regularly emails users a periodic billing for the goods or services;
Within seven days after adopting a budget or budget amendment, the city must post enterprise fund accounting data on its website if it has one, and must publish notice on its social media platform if it uses one.
within seven days after adopting the budget or budget amendment: post enterprise fund accounting data on the city's website, if the city has a website; using the city's social media platform, publish notice of the adoption of a budget or budget amendment that includes or is based on a transfer of money from an enterprise fund to another fund, if the city communicates with the public through a social media platform; and
If the city communicates with the public on social media, it must use its social media platform to publish notice of a budget or budget amendment adoption involving a transfer from an enterprise fund to another fund.
using the city's social media platform, publish notice of the adoption of a budget or budget amendment that includes or is based on a transfer of money from an enterprise fund to another fund, if the city communicates with the public through a social media platform; and
Within 30 days after adopting the budget, the required enterprise fund information must be submitted to the state auditor.
within 30 days after adopting the budget, submit to the state auditor the specific enterprise fund information for each enterprise fund from which money will be transferred.
The required notice must announce the adoption of a budget or budget amendment involving a transfer from an enterprise fund to another fund, and include the specific enterprise fund information.
A notice required under Subsection (6)(a)(i) shall: announce the adoption of a budget or budget amendment that includes or is based on a transfer of money from an enterprise fund to another fund; and include the specific enterprise fund information.
The governing body must keep the required website posting in place continuously until another posting is required under Subsection (4)(a).
The governing body shall maintain the website posting required under Subsection (6)(a)(ii)(A) continuously until another posting is required under Subsection (4)(a) .
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