Title 48, Chapter 5, Section 381
( 48-5-381)
(a) Whenever the governing authority of any county or municipality
determines that because of unusual conditions it is impractical to
expend the funds raised by taxation for the purposes for which the
taxes were levied and that it is in the best interest of the county
or municipality and its citizens and taxpayers for public work to be
postponed until more advantageous conditions prevail, the governing
authority may order as much of the funds as it deems proper
transferred to a fund to be known as the "reserve fund" of the
county or municipality. The reserve fund may be deposited in the
manner provided by law or may be invested in obligations of the
United States. (b) A county or municipal governing authority may transfer from time
to time to its reserve fund any accumulated overage in its general
fund. (c) The county or municipal reserve fund shall be held until the
governing authority determines that it is practical and advantageous
to undertake public work needed in the county or municipality. Upon
the determination, the governing authority may order funds
transferred from the reserve fund to any of the several funds or to
the general fund of the county or municipality. Before any transfer
from the reserve fund is made, the governing authority shall give
notice of its intention to make the transfer and the purpose for
which the transferred fund is to be expended by publication in its
official organ in one issue not less than ten days prior to the
meeting of the governing authority at which the transfer is to be
made. (d) The existence of a county or municipal reserve fund shall not
prevent tax levies from being made by the governing authority for
the several purposes authorized by law at such rates as are
necessary for the current or anticipated needs of the county or
municipality to the same extent the governing authority could
lawfully levy if no reserve fund was in existence. (e) When any county or municipal reserve fund is established, it
shall be the duty of the governing authority to expend the fund for
needed public work and improvements as rapidly as it deems
practical. |