{"data":{"id":"us-ut/utah-code-10-5-107.5","jurisdiction":"us-ut","citation":"Utah Code § 10-5-107.5","heading":"Transfer of enterprise fund money to another fund -- Notice.","body":"(1) As used in this section:\n(a) \"Budget hearing\" means a public hearing required under Section 10-5-108.\n(b) \"Enterprise fund accounting data\" means a detailed overview of the various enterprise funds of the town that includes:\n(i) a cost accounting breakdown of how money in the enterprise fund is being used to cover, as applicable:\n(A) administrative and overhead costs of the town attributable to the operation of the enterprise for which the enterprise fund was created; and\n(B) other costs not associated with the enterprise for which the enterprise fund was created; and\n(ii) specific enterprise fund information.\n(c) \"Enterprise fund hearing\" means the public hearing required under Subsection (3)(d).\n(d) \"Specific enterprise fund information\" means:\n(i) the dollar amount of transfers from an enterprise fund to another fund; and\n(ii) the percentage of the total enterprise fund expenditures represented by each transfer to another fund.\n(2) Subject to the requirements of this section, a town 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.\n(3) The governing body of a town that intends to transfer money in an enterprise fund to another fund shall:\n(a) provide notice of the intended transfer as required under Subsection (4);\n(b) clearly identify in a separate section or document accompanying the town's tentative budget or, if an amendment to the town's budget includes or is based on an intended transfer, in a separate section or document accompanying the amendment to the town's budget:\n(i) the enterprise fund from which money is intended to be transferred; and\n(ii) the specific enterprise fund information for that enterprise fund;\n(c) provide notice of an enterprise fund hearing, as required in Subsection (4); and\n(d) hold an enterprise fund hearing before the adoption of the town's budget or, if applicable, the amendment to the budget.\n(4)\n(a) At least seven days before holding an enterprise fund hearing, a governing body shall\nprovide the notice described in Subsection (4)(b) for the town, as a class B notice under Section 63G-30-102.\n(b) The notice required under Subsection (4)(a) shall:\n(i) explain the intended transfer of enterprise fund money to another fund;\n(ii) include specific enterprise fund information for each enterprise fund from which money is intended to be transferred;\n(iii) provide the date, time, and place of the enterprise fund hearing; and\n(iv) explain the purpose of the enterprise fund hearing.\n(5)\n(a) An enterprise fund hearing shall be separate and independent from a budget hearing and any other public hearing.\n(b) At an enterprise fund hearing, the governing body shall:\n(i) explain the intended transfer of enterprise fund money to another fund;\n(ii) provide enterprise fund accounting data to the public; and\n(iii) allow members of the public in attendance at the hearing to comment on:\n(A) the intended transfer of enterprise fund money to another fund; and\n(B) the enterprise fund accounting data.\n(6)\n(a) 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:\n(i) within 60 days after adopting the budget or budget amendment:\n(A) mail a notice to users of the goods or services provided by the enterprise for which the enterprise fund was created, if the town regularly mails users a periodic billing for the goods or services; and\n(B) email a notice to users of the goods or services provided by the enterprise for which the enterprise fund was created, if the town regularly emails users a periodic billing for the goods or services;\n(ii) within seven days after adopting the budget or budget amendment:\n(A) post enterprise fund accounting data on the town's website, if the town has a website;\n(B) using the town'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 town communicates with the public through a social media platform; and\n(iii) 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.\n(b) A notice required under Subsection (6)(a)(i) shall:\n(i) 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\n(ii) include the specific enterprise fund information.\n(c) 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).","path":["Title 10 Utah Municipal Code","Chapter 10-5 Uniform Fiscal Procedures Act for Utah Towns"],"source_url":"https://le.utah.gov/xcode/Title10/Chapter5/10-5-S107.5.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"6db30357b7bd25661955230723e0b8f367fee280297732fedca8e54e485ed8e3","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-10-5-107","next":"us-ut/utah-code-10-5-108"},"notice":"GroundRules: Original legal text. Not legal advice."}