10-6-135 - Operating and capital budgets.
10-6-135. Operating and capital budgets.
(1) (a) As used in this section, "operating and capital budget" means a plan of financialoperation for an enterprise or other required special fund that includes estimates of operatingresources, expenses, and other outlays for a fiscal period.
(b) Except as otherwise expressly provided, any reference to "budget" or "budgets" andthe procedures and controls relating to them in other sections of this chapter do not apply or referto the operating and capital budgets described in this section.
(2) At or before the time the governing body adopts budgets for the funds described inSection 10-6-109, the governing body shall adopt:
(a) an operating and capital budget for each enterprise fund for the ensuing fiscal period;and
(b) the type of budget for other special funds as required by the Uniform AccountingManual for Utah Cities.
(3) (a) The governing body shall adopt and administer an operating and capital budget inaccordance with this Subsection (3).
(b) At or before the first regularly scheduled meeting of the governing body in the lastMay of the current fiscal period, the budget officer shall:
(i) prepare for the ensuing fiscal period and file with the governing body a tentativeoperating and capital budget for:
(A) each enterprise fund; and
(B) other required special funds;
(ii) include with the tentative operating and capital budget described in Subsection(3)(b)(i) specific work programs as submitted by each department head; and
(iii) include any other supporting data required by the governing body.
(c) Each city of the first or second class shall, and each city of the third, fourth, or fifthclass may, submit a supplementary estimate of all capital projects which a department headbelieves should be undertaken within the three next succeeding fiscal periods.
(d) (i) Subject to Subsection (3)(d)(ii), the budget officer shall prepare all estimates afterreview and consultation with each department head described in Subsection (3)(c).
(ii) After complying with Subsection (3)(d)(i), the budget officer may revise anydepartmental estimate before it is filed with the governing body.
(e) (i) Except as provided in Subsection (3)(e)(iv), if the governing body includes in atentative budget or an amendment to a budget allocations or transfers from a utility enterprisefund to another fund that are not reasonable allocations of costs between the utility enterprisefund and the other fund, the governing body shall:
(A) hold a public hearing;
(B) prepare a written notice of the date, time, place, and purpose of the hearing, asdescribed in Subsection (3)(e)(ii); and
(C) subject to Subsection (3)(e)(iii), mail the written notice to each utility enterprise fundcustomer at least seven days before the day of the hearing.
(ii) The purpose portion of the written notice required under Subsection (3)(e)(i)(B) shallidentify:
(A) the utility enterprise fund from which money is being transferred;
(B) the amount being transferred; and
(C) the fund to which the money is being transferred.
(iii) The governing body:
(A) may print the written notice required under Subsection (3)(e)(i) on the utilityenterprise fund customer's bill; and
(B) shall include the written notice required under Subsection (3)(e)(i) as a separatenotification mailed or transmitted with the utility enterprise fund customer's bill.
(iv) The notice and hearing requirements in this Subsection (3)(e) are not required for anallocation or a transfer included in an original budget or in a subsequent budget amendmentpreviously approved by the governing body for the current fiscal year.
(4) (a) Each tentative budget, amendment to a budget, or budget shall be reviewed andconsidered by the governing body at any regular meeting or special meeting called for thatpurpose.
(b) The governing body may make changes in the tentative budgets.
(5) Budgets for enterprise or other required special funds shall comply with the publichearing requirements established in Sections 10-6-113 and 10-6-114.
(6) (a) Before the last June 30 of each fiscal period, or, in the case of a property taxincrease under Sections 59-2-919 through 59-2-923, before August 31 of the year for which aproperty tax increase is proposed, the governing body shall adopt an operating and capital budgetfor each applicable fund for the ensuing fiscal period.
(b) A copy of the budget as finally adopted for each fund shall be:
(i) certified by the budget officer;
(ii) filed by the budget officer in the office of the city auditor or city recorder;
(iii) available to the public during regular business hours; and
(iv) filed with the state auditor within 30 days after the day on which the budget isadopted.
(7) (a) Upon final adoption, the operating and capital budget is in effect for the budgetperiod, subject to later amendment.
(b) During the budget period the governing body may, in any regular meeting or specialmeeting called for that purpose, review any one or more of the operating and capital budgets forthe purpose of determining if the total of any of them should be increased.
(c) If the governing body decides that the budget total of one or more of the funds shouldbe increased under Subsection (7)(b), the governing body shall follow the procedures set forth inSection 10-6-136.
(8) Expenditures from operating and capital budgets shall conform to the requirementsrelating to budgets specified in Sections 10-6-121 through 10-6-126.
Amended by Chapter 116, 2010 General Session