2006 Utah Code - 10-6-135 — Operating and capital budgets.

     10-6-135.   Operating and capital budgets.
     (1) On or before the time the governing body adopts budgets for the funds set forth in Section 10-6-109, it shall adopt for the ensuing fiscal period an "operating and capital budget" for each enterprise fund and shall adopt the type of budget for other special funds as required by the Uniform Accounting Manual for Utah Cities.
     (2) (a) An "operating and capital budget," for purposes of this section, means a plan of financial operation for an enterprise or other required special fund, embodying estimates of operating resources and expenses and other outlays for a fiscal period.
     (b) Except as otherwise expressly provided, the reference to "budget" or "budgets" and the procedures and controls relating to them in other sections of this chapter do not apply or refer to the "operating and capital budgets" provided for in this section.
     (3) "Operating and capital budgets" shall be adopted and administered in the following manner:
     (a) On or before the first regularly scheduled meeting of the governing body in the last May of the current period, the budget officer shall prepare for the ensuing fiscal period and file with the governing body a tentative operating and capital budget for each enterprise fund and for other required special funds, together with specific work programs as submitted by the department head and any other supporting data required by the governing body.
     (b) Each city of the first or second class shall, and a city of the third, fourth, or fifth class may, submit a supplementary estimate of all capital projects which the department head believes should be undertaken within the three next succeeding fiscal periods.
     (c) (i) The budget officer shall prepare estimates in cooperation with the appropriate department heads.
     (ii) Each department head shall be heard by the budget officer before making final estimates, but thereafter the officer may revise any department's estimate for the purpose of presenting the budget to the governing body.
     (d) (i) If within any enterprise fund, allocations or transfers that are not reasonable allocations of costs between funds are included in a tentative budget, a written notice of the date, time, place, and purpose of the hearing shall be mailed to utility fund customers at least seven days prior to the hearing.
     (ii) The purpose portion of the notice required under Subsection (3)(d)(i) shall identify:
     (A) the enterprise utility fund from which money is being transferred;
     (B) the amount being transferred; and
     (C) the fund to which the money is being transferred.
     (4) (a) The tentative budget or budgets shall be reviewed and considered by the governing body at any regular meeting or special meeting called for that purpose.
     (b) The governing body may make changes in the tentative budgets.
     (5) Budgets for enterprise or other required special funds shall comply with the public hearing 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 tax increase under Sections 59-2-919 through 59-2-923, before August 31 of the year for which a property tax increase is proposed, the governing body shall adopt an operating and capital budget for 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;

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     (ii) filed by the 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 adoption.
     (7) (a) Upon final adoption, the operating and capital budget is in effect for the budget period, subject to later amendment.
     (b) During the budget period the governing body may, in any regular meeting or special meeting called for that purpose, review any one or more of the operating and capital budgets for the 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 should be increased under Subsection (7)(b), the procedures set forth in Section 10-6-136 shall be followed.
     (8) Expenditures from operating and capital budgets shall conform to the requirements relating to budgets specified in Sections 10-6-121 through 10-6-126.

Amended by Chapter 178, 2006 General Session