Utah Code 10-6-135. Operating and capital budgets
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(1)
Terms Used In Utah Code 10-6-135
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Budget: means a plan of financial operations for a fiscal period which embodies estimates of proposed expenditures for given purposes and the proposed means of financing them. See Utah Code 10-6-106
- Budget officer: means the city auditor in a city of the first and second class, the mayor or some person appointed by the mayor with the approval of the city council in a city of the third, fourth, or fifth class, the mayor in the council-mayor optional form of government, or the person designated by the charter in a charter city. See Utah Code 10-6-106
- Budget period: means the fiscal period for which a budget is prepared. See Utah Code 10-6-106
- City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section
10-2-301 . See Utah Code 10-1-104 - Department: means any functional unit within a fund that carries on a specific activity, such as a fire or police department within a city general fund. See Utah Code 10-6-106
- Enterprise fund: means a fund as defined by the Governmental Accounting Standards Board that is used by a municipality to report an activity for which a fee is charged to users for goods or services. See Utah Code 10-6-106
- Fiscal period: means the annual or biennial period for accounting for fiscal operations in each city. See Utah Code 10-6-106
- Fund: is a s defined by generally accepted accounting principles as reflected in the Uniform Accounting Manual for Utah Cities. See Utah Code 10-6-106
- Governing body: means a city council, or city commission, as the case may be, but the authority to make any appointment to any position created by this chapter is vested in the mayor in the council-mayor optional form of government. See Utah Code 10-6-106
- Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Special fund: means any fund other than the city general fund. See Utah Code 10-6-106
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) As used in this section, “operating and capital budget” means a plan of financial operation for an enterprise fund or other required special fund that includes estimates of operating resources, expenses, and other outlays for a fiscal period.
(1)(b) Except as otherwise expressly provided, any reference to “budget” or “budgets” and the procedures and controls relating to a budget or budgets in other sections of this chapter do not apply or refer to the operating and capital budgets described in this section.
(2) At or before the time the governing body adopts budgets for the funds described in Section 10-6-109, the governing body shall adopt:
(2)(a) an operating and capital budget for each enterprise fund for the ensuing fiscal period; and
(2)(b) the type of budget for other special funds as required by the Uniform Accounting Manual for Utah Cities.
(3)
(3)(a) The governing body shall adopt and administer an operating and capital budget in accordance with this Subsection (3).
(3)(b) At or before the first regularly scheduled meeting of the governing body in the last May of the current fiscal period, the budget officer shall:
(3)(b)(i) prepare for the ensuing fiscal period and file with the governing body a tentative operating and capital budget for:
(3)(b)(i)(A) each enterprise fund; and
(3)(b)(i)(B) other required special funds;
(3)(b)(ii) include with the tentative operating and capital budget described in Subsection (3)(c) specific work programs as submitted by each department head; and
(3)(b)(iii) include any other supporting data required by the governing body.
(3)(c) Each city of the first or second class shall, and each city of the third, fourth, or fifth class may, submit a supplementary estimate of all capital projects which a department head believes should be undertaken within the three next succeeding fiscal periods.
(3)(d)
(3)(d)(i) Subject to Subsection (3)(d)(ii), the budget officer shall prepare all estimates after review and consultation with each department head described in Subsection (3)(c).
(3)(d)(ii) After complying with Subsection (3)(d)(i), the budget officer may revise any departmental estimate before it is filed with the governing body.
(4)
(4)(a) Each tentative budget, amendment to a budget, or budget shall be reviewed and considered by the governing body at any regular meeting or special meeting called for that purpose.
(4)(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)
(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 September 1 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.
(6)(b) A copy of the budget as finally adopted for each fund shall be:
(6)(b)(i) certified by the budget officer;
(6)(b)(ii) filed by the budget officer in the office of the city auditor or city recorder;
(6)(b)(iii) available to the public during regular business hours; and
(6)(b)(iv) filed with the state auditor within 30 days after the day on which the budget is adopted.
(7)
(7)(a) Upon final adoption, the operating and capital budget is in effect for the budget period, subject to later amendment.
(7)(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.
(7)(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 governing body shall follow the procedures set forth in Section 10-6-136.