Wyoming Statutes
Wyo. Stat. § 16-4-105 (2026)
Accumulated retained earnings or fund surplus;
✓ current as of May 2026
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capital improvements reserve.
(a) A municipality may accumulate retained earnings in any
enterprise or intragovernmental service fund or accumulate a
fund surplus in any other fund. With respect to the general fund
the accumulated fund balance may be used to meet any legal
obligation of the municipality or to:
(i) Provide cash to finance expenditures from the
beginning of the budget year until general property taxes and
other revenues are collected;
(ii) Provide a reserve to meet emergency
expenditures; or
(iii) Provide a reserve by the carryover from one (1)
biennium to another of any surplus generated by community
service and continuing education programs operated by community
colleges.
(b) Except as specifically prohibited under W.S. 21-13-
504(b) for school district boards of trustees, a municipality
may appropriate funds from estimated revenue in any budget year
to a reserve for capital improvements and for depreciation
within any capital improvements fund, and for the purpose of
purchasing or replacing specified equipment or a depreciation
reserve for equipment, which has been duly established by
ordinance. Money in the reserves may be allowed to accumulate
from year to year until the accumulated total is sufficient to
permit economical expenditure for the specified purposes.
Disbursements from reserves shall be made only by transfer to a
revenue account within a capital improvements fund pursuant to
an appropriation for the fund. The amount appropriated to
reserves under this subsection in any budget year shall not
exceed ten percent (10%) of the municipality's total revenues
for that budget year.
(c) Expenditures from capital improvement or equipment
budget accounts shall conform to all requirements of this act as
it relates to the execution and control of budgets.Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2025–2025 · leading case: Christopher Williams; Amy Williams; Cindy Barlow; Charles Huson; Lois Huson; Marianne Ferrari; & Sharon Smallwood v. Bd. of Cnty. Commissioners of Johnson Cnty.; Wyoming Dep't of Audit; & Justin Chavez, In His Off. Capacity as Dir. of the Wyoming Dep't of Audit, 2025 WY 127 (Wyo. 2025).
Christopher Williams; Amy Williams; Cindy Barlow; Charles Huson; Lois Huson; Marianne Ferrari; & Sharon Smallwood v. Bd. of Cnty. Commissioners of Johnson Cnty.; Wyoming Dep't of Audit; & Justin Chavez, In His Off. Capacity as Dir. of the Wyoming Dep't of Audit, 2025 WY 127 (Wyo. 2025). “• Count I alleges that the Board violated Wyo. Stat. Ann. § 16-4-105 (2023) by using general cash reserve funds to cover increases in health insurance costs and state- required pension obligations.”
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