Terms Used In Utah Code > Title 10 > Chapter 9a > Part 10 - Home Ownership Promotion Zone for Municipalities

• Affordable housing: means housing offered for sale at 80% or less of the median county home price for housing of that type. See Utah Code 10-9a-1001
• Agency: means the same as that term is defined in Section 17C-1-102. See Utah Code 10-9a-1001
• Base taxable value: means a property's taxable value as shown upon the assessment roll last equalized during the base year. See Utah Code 10-9a-1001
• Base year: means , for a proposed home ownership promotion zone area, a year beginning the first day of the calendar quarter determined by the last equalized tax roll before the adoption of the home ownership promotion zone. See Utah Code 10-9a-1001
• Chapter: means a chapter, branch, area, office, or similar affiliate of a charitable organization. See Utah Code 13-22-2
• Charitable organization: includes a chapter or a person who solicits contributions within the state for a charitable organization. See Utah Code 13-22-2
• Contiguous: means :
       (2)(a) if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and
       (2)(b) if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Director: means the director of the Division of Consumer Protection. See Utah Code 13-22-2
• Division: means the Division of Consumer Protection of the Department of Commerce. See Utah Code 13-22-2
• Fiduciary: A trustee, executor, or administrator.
• Foreign nonprofit corporation: means the same as that term is defined in Section 16-6a-102. See Utah Code 13-22-2
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Home ownership promotion zone: means a home ownership promotion zone created pursuant to this part. See Utah Code 10-9a-1001
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Legislative body: means the municipal council. See Utah Code 10-9a-103
• Material fact: means information that a person of ordinary intelligence and prudence would consider relevant in deciding whether or not to make a contribution in response to a charitable solicitation. See Utah Code 13-22-2
• Municipality: means :
       (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
       (5)(b) a town, as classified in Section 10-2-301; or
       (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
• Nonprofit corporation: means the same as that term is defined in Section 16-6a-102. See Utah Code 13-22-2
• organization: means any person, joint venture, partnership, limited liability company, corporation, association, group, or other entity:
            (2)(a)(i) who is or holds itself out to be:

                 (2)(a)(i)(A) a benevolent, educational, voluntary health, philanthropic, humane, patriotic, religious or eleemosynary, social welfare or advocacy, public health, environmental or conservation, or civic organization;

                 (2)(a)(i)(B) for the benefit of a public safety, law enforcement, or firefighter fraternal association; or

                 (2)(a)(i)(C) established for any charitable purpose;
            (2)(a)(ii) who solicits or obtains contributions solicited from the public for a charitable purpose; or
            (2)(a)(iii) in any manner employs a charitable appeal as the basis of any solicitation or employs an appeal that reasonably suggests or implies that there is a charitable purpose to any solicitation. See Utah Code 13-22-2
• Participant: means the same as that term is defined in Section 17C-1-102. See Utah Code 10-9a-1001
• Participation agreement: means the same as that term is defined in Section 17C-1-102. See Utah Code 10-9a-1001
• Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-9a-103
• Plat: means an instrument subdividing property into lots as depicted on a map or other graphical representation of lands that a licensed professional land surveyor makes and prepares in accordance with Section 10-9a-603 or 57-8-13. See Utah Code 10-9a-103
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Professional fund raiser: means a person who:
            (16)(a)(i) for compensation or any other consideration, for or on behalf of a charitable organization that is a nonprofit corporation, or any other person that is not a political organization:

                 (16)(a)(i)(A) solicits contributions; or

                 (16)(a)(i)(B) promotes or sponsors the solicitation of contributions;
            (16)(a)(ii)

                 (16)(a)(ii)(A) for compensation or any other consideration, plans, manages, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organizationthat is a nonprofit corporation, or any other person that is not a political organization; and

                 (16)(a)(ii)(B) at any time has custody of a contribution for the charitable organization;
            (16)(a)(iii) engages in, or represents being independently engaged in, the business of soliciting contributions for a charitable organization that is a nonprofit corporation;
            (16)(a)(iv) manages, supervises, or trains any solicitor whether as an employee or otherwise; or
            (16)(a)(v) uses a vending device or vending device decal for financial or other consideration that implies a solicitation of contributions or donations for any charitable organization or charitable purposes. See Utah Code 13-22-2
• Professional fund raising consultant: means a person who:
            (17)(a)(i) for compensation or any other consideration, plans, manages, consults, or prepares material for, or with respect to, the solicitation of contributions for a charitable organization that is a nonprofit corporation or any other person that is not a political organization;
            (17)(a)(ii) does not solicit contributions;
            (17)(a)(iii) does not at any time have custody of a contribution from solicitation; and
            (17)(a)(iv) does not employ, procure, or engage any compensated person to solicit or receive contributions. See Utah Code 13-22-2
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public meeting: means a meeting that is required to be open to the public under Title 52, Chapter 4, Open and Public Meetings Act. See Utah Code 10-9a-103
• solicitation: includes :
            (5)(b)(i) any of the following done, or purporting to be done, for a charitable purpose:

                 (5)(b)(i)(A) any oral or written request, including any request by telephone, radio, television, or other advertising or communications media;

                 (5)(b)(i)(B) the distribution, circulation, or posting of any handbill, written advertisement, or publication; or

                 (5)(b)(i)(C) an application or other request for a a private grant or, if made by an individual, a public grant; or
            (5)(b)(ii) the sale of, offer or attempt to sell, or request of donations in exchange for any advertisement, membership, subscription, or other article in connection with which any appeal is made for any charitable purpose, or the use of the name of any charitable organization or movement as an inducement or reason for making any purchase donation, or, in connection with any sale or donation, stating or implying that the whole or any part of the proceeds of any sale or donation will go to or be donated to any charitable purpose. See Utah Code 13-22-2
• State: includes any department, division, or agency of the state. See Utah Code 10-9a-103
• 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
• Tax commission: means the State Tax Commission created in Section 59-1-201. See Utah Code 10-9a-1001
• Tax increment: means the difference between:
            (11)(a)(i) the amount of property tax revenue generated each tax year by a taxing entity from the area within a home ownership promotion zone, using the current assessed value and each taxing entity's current certified tax rate as defined in Section 59-2-924; and
            (11)(a)(ii) the amount of property tax revenue that would be generated from that same area using the base taxable value and each taxing entity's current certified tax rate as defined in Section 59-2-924. See Utah Code 10-9a-1001
• Taxing entity: means the same as that term is defined in Section 17C-1-102. See Utah Code 10-9a-1001