Annual budget--public hearing--administrative costs, how paid--fiscalyear--payment of claim by land trust--performance audits permitted,when (charter counties).
141.770. 1. Each annual budget of the land trust shall be itemizedas to objects and purposes of expenditure, prepared not later than Decembertenth of each year with copies delivered to the county and city thatappointed trustee members, and shall include therein only suchappropriations as shall be deemed necessary to meet the reasonable expensesof the land trust during the forthcoming fiscal year. That budget shallnot become the required annual budget of the land trust unless and until ithas been approved by the governing bodies of the county or city thatappointed trustee members. If either of the governing bodies of the countyand city that appointed trustee members fail to notify the land trust inwriting of any objections to the proposed annual budget on or beforeDecember twentieth, then such failure or failures to object shall be deemedapproval. In the event objections have been made and a budget for thefiscal year beginning January first has not been approved by the governingbodies of the county and city on or before January first, then the budgetfor the previous fiscal year shall become the approved budget for thatfiscal year. Any unexpended funds from the preceding fiscal year shall bededucted from the amounts needed to meet the budget requirements of theforthcoming year.
2. Copies of the budget shall be made available to the public on orbefore December tenth, and a public hearing shall be had thereon prior toDecember twentieth, in each year. The approved and adopted budget may beamended by the trustee members only with the approval of the governingbodies of the county and city that appointed trustee members.
3. If at any time there are not sufficient funds available to pay thesalaries and other expenses of such land trust and of its employees,incident to the administration of sections 141.210 to 141.810, includingany expenditures authorized by section 141.760, funds sufficient to paysuch expenses shall be advanced and paid to the land trust upon itsrequisition therefor, fifty percent thereof by the county commission ofsuch county, and the other fifty percent by all of the municipalities insuch county as defined in section 141.220, in proportion to their assessedvaluations at the time of their last completed assessment for state andcounty purposes. The land trust shall have power to requisition such fundsin an amount not to exceed twenty-five percent of the total annual budgetof the land trust from such sources for that fiscal year of the land trustfor which there are not sufficient funds otherwise available to pay thesalaries and other expenses of the land trust, but any amount in excess oftwenty-five percent of the total annual budget in any fiscal year may berequisitioned by and paid to the land trust only if such additional sumsare agreed to and approved by the county commission and the respectivemunicipalities in such county so desiring to make such payment. All moneysso requisitioned shall be paid in a lump sum within thirty days after suchrequisition or the commencement of the fiscal year of the land trust forwhich such requisition is made, whichever is later, and shall be depositedto the credit of the land trust in some bank or trust company, subject towithdrawal by warrant as herein provided.
4. The fiscal year of the land trust shall commence on January firstof each year. Such land trust shall audit all claims for the expenditureof money, and shall, acting by the chairman or vice chairman thereof, drawwarrants therefor from time to time.
5. No warrant for the payment of any claim shall be drawn by suchland trust until such claim shall have been approved by the landcommissioner and shall bear the commissioner's certificate that there is asufficient unencumbered balance in the proper appropriation and sufficientunexpended cash available for the payment thereof. For any certificationcontrary thereto, such land commissioner shall be liable personally and onthe commissioner's official bond for the amounts so certified, and shallthereupon be promptly removed from office by the land trustees.
6. In addition to the annual audit provided for in section 141.760,the land trust may be performance audited at any time by the state auditoror by the auditor of any home rule city with more than four hundredthousand inhabitants and located in more than one county that is a memberof the land trust. The cost of such audit shall be paid by the land trust,and copies shall be made available to the public within thirty days of thecompletion of the audit.
(L. 1943 p. 1029 § 42, A.L. 1945 p. 1761, A.L. 1945 p. 1926, A.L. 2002 H.B. 1634)
Annual budget--public hearing--administrative costs, how paid--fiscalyear--payment of claim by land trust--performance audits permitted,when (charter counties).
141.770. 1. Each annual budget of the land trust shall be itemizedas to objects and purposes of expenditure, prepared not later than Decembertenth of each year with copies delivered to the county and city thatappointed trustee members, and shall include therein only suchappropriations as shall be deemed necessary to meet the reasonable expensesof the land trust during the forthcoming fiscal year. That budget shallnot become the required annual budget of the land trust unless and until ithas been approved by the governing bodies of the county or city thatappointed trustee members. If either of the governing bodies of the countyand city that appointed trustee members fail to notify the land trust inwriting of any objections to the proposed annual budget on or beforeDecember twentieth, then such failure or failures to object shall be deemedapproval. In the event objections have been made and a budget for thefiscal year beginning January first has not been approved by the governingbodies of the county and city on or before January first, then the budgetfor the previous fiscal year shall become the approved budget for thatfiscal year. Any unexpended funds from the preceding fiscal year shall bededucted from the amounts needed to meet the budget requirements of theforthcoming year.
2. Copies of the budget shall be made available to the public on orbefore December tenth, and a public hearing shall be had thereon prior toDecember twentieth, in each year. The approved and adopted budget may beamended by the trustee members only with the approval of the governingbodies of the county and city that appointed trustee members.
3. If at any time there are not sufficient funds available to pay thesalaries and other expenses of such land trust and of its employees,incident to the administration of sections 141.210 to 141.810, includingany expenditures authorized by section 141.760, funds sufficient to paysuch expenses shall be advanced and paid to the land trust upon itsrequisition therefor, fifty percent thereof by the county commission ofsuch county, and the other fifty percent by all of the municipalities insuch county as defined in section 141.220, in proportion to their assessedvaluations at the time of their last completed assessment for state andcounty purposes. The land trust shall have power to requisition such fundsin an amount not to exceed twenty-five percent of the total annual budgetof the land trust from such sources for that fiscal year of the land trustfor which there are not sufficient funds otherwise available to pay thesalaries and other expenses of the land trust, but any amount in excess oftwenty-five percent of the total annual budget in any fiscal year may berequisitioned by and paid to the land trust only if such additional sumsare agreed to and approved by the county commission and the respectivemunicipalities in such county so desiring to make such payment. All moneysso requisitioned shall be paid in a lump sum within thirty days after suchrequisition or the commencement of the fiscal year of the land trust forwhich such requisition is made, whichever is later, and shall be depositedto the credit of the land trust in some bank or trust company, subject towithdrawal by warrant as herein provided.
4. The fiscal year of the land trust shall commence on January firstof each year. Such land trust shall audit all claims for the expenditureof money, and shall, acting by the chairman or vice chairman thereof, drawwarrants therefor from time to time.
5. No warrant for the payment of any claim shall be drawn by suchland trust until such claim shall have been approved by the landcommissioner and shall bear the commissioner's certificate that there is asufficient unencumbered balance in the proper appropriation and sufficientunexpended cash available for the payment thereof. For any certificationcontrary thereto, such land commissioner shall be liable personally and onthe commissioner's official bond for the amounts so certified, and shallthereupon be promptly removed from office by the land trustees.
6. In addition to the annual audit provided for in section 141.760,the land trust may be performance audited at any time by the state auditoror by the auditor of any home rule city with more than four hundredthousand inhabitants and located in more than one county that is a memberof the land trust. The cost of such audit shall be paid by the land trust,and copies shall be made available to the public within thirty days of thecompletion of the audit.
(L. 1943 p. 1029 § 42, A.L. 1945 p. 1761, A.L. 1945 p. 1926, A.L. 2002 H.B. 1634)
Annual budget--public hearing--administrative costs, how paid--fiscalyear--payment of claim by land trust--performance audits permitted,when (charter counties).
141.770. 1. Each annual budget of the land trust shall be itemizedas to objects and purposes of expenditure, prepared not later than Decembertenth of each year with copies delivered to the county and city thatappointed trustee members, and shall include therein only suchappropriations as shall be deemed necessary to meet the reasonable expensesof the land trust during the forthcoming fiscal year. That budget shallnot become the required annual budget of the land trust unless and until ithas been approved by the governing bodies of the county or city thatappointed trustee members. If either of the governing bodies of the countyand city that appointed trustee members fail to notify the land trust inwriting of any objections to the proposed annual budget on or beforeDecember twentieth, then such failure or failures to object shall be deemedapproval. In the event objections have been made and a budget for thefiscal year beginning January first has not been approved by the governingbodies of the county and city on or before January first, then the budgetfor the previous fiscal year shall become the approved budget for thatfiscal year. Any unexpended funds from the preceding fiscal year shall bededucted from the amounts needed to meet the budget requirements of theforthcoming year.
2. Copies of the budget shall be made available to the public on orbefore December tenth, and a public hearing shall be had thereon prior toDecember twentieth, in each year. The approved and adopted budget may beamended by the trustee members only with the approval of the governingbodies of the county and city that appointed trustee members.
3. If at any time there are not sufficient funds available to pay thesalaries and other expenses of such land trust and of its employees,incident to the administration of sections 141.210 to 141.810, includingany expenditures authorized by section 141.760, funds sufficient to paysuch expenses shall be advanced and paid to the land trust upon itsrequisition therefor, fifty percent thereof by the county commission ofsuch county, and the other fifty percent by all of the municipalities insuch county as defined in section 141.220, in proportion to their assessedvaluations at the time of their last completed assessment for state andcounty purposes. The land trust shall have power to requisition such fundsin an amount not to exceed twenty-five percent of the total annual budgetof the land trust from such sources for that fiscal year of the land trustfor which there are not sufficient funds otherwise available to pay thesalaries and other expenses of the land trust, but any amount in excess oftwenty-five percent of the total annual budget in any fiscal year may berequisitioned by and paid to the land trust only if such additional sumsare agreed to and approved by the county commission and the respectivemunicipalities in such county so desiring to make such payment. All moneysso requisitioned shall be paid in a lump sum within thirty days after suchrequisition or the commencement of the fiscal year of the land trust forwhich such requisition is made, whichever is later, and shall be depositedto the credit of the land trust in some bank or trust company, subject towithdrawal by warrant as herein provided.
4. The fiscal year of the land trust shall commence on January firstof each year. Such land trust shall audit all claims for the expenditureof money, and shall, acting by the chairman or vice chairman thereof, drawwarrants therefor from time to time.
5. No warrant for the payment of any claim shall be drawn by suchland trust until such claim shall have been approved by the landcommissioner and shall bear the commissioner's certificate that there is asufficient unencumbered balance in the proper appropriation and sufficientunexpended cash available for the payment thereof. For any certificationcontrary thereto, such land commissioner shall be liable personally and onthe commissioner's official bond for the amounts so certified, and shallthereupon be promptly removed from office by the land trustees.
6. In addition to the annual audit provided for in section 141.760,the land trust may be performance audited at any time by the state auditoror by the auditor of any home rule city with more than four hundredthousand inhabitants and located in more than one county that is a memberof the land trust. The cost of such audit shall be paid by the land trust,and copies shall be made available to the public within thirty days of thecompletion of the audit.
(L. 1943 p. 1029 § 42, A.L. 1945 p. 1761, A.L. 1945 p. 1926, A.L. 2002 H.B. 1634)
