Terms Used In Utah Code > Title 11 > Chapter 42 > Part 1 - General Provisions

• Adequate protests: means , for all proposed assessment areas except sewer assessment areas, timely filed, written protests under Section 11-42-203 that represent at least 40% of the frontage, area, taxable value, fair market value, lots, number of connections, or equivalent residential units of the property proposed to be assessed, according to the same assessment method by which the assessment is proposed to be levied, after eliminating:
            (1)(a)(i) protests relating to:

                 (1)(a)(i)(A) property that has been deleted from a proposed assessment area; or

                 (1)(a)(i)(B) an improvement that has been deleted from the proposed improvements to be provided to property within the proposed assessment area; and
            (1)(a)(ii) protests that have been withdrawn under Subsection 11-42-203(3). See Utah Code 11-42-102
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Appropriation: means an allocation of money for a specific purpose. See Utah Code 17-36-3
• Assessment area: means an area, or, if more than one area is designated, the aggregate of all areas within a local entity's jurisdictional boundaries that is designated by a local entity under Part 2, Designating an Assessment Area, for the purpose of financing the costs of improvements, operation and maintenance, or economic promotion activities that benefit property within the area. See Utah Code 11-42-102
• Assessment bonds: means bonds that are:
       (3)(a) issued under Section 11-42-605; and
       (3)(b) payable in part or in whole from assessments levied in an assessment area, improvement revenues, and a guaranty fund or reserve fund. See Utah Code 11-42-102
• Assessment method: means the method:
       (6)(a) by which an assessment is levied against benefitted property, whether by frontage, area, taxable value, fair market value, lot, parcel, number of connections, equivalent residential unit, any combination of these methods, or any other method; and
       (6)(b) that, when applied to a benefitted property, accounts for an assessment that meets the requirements of Section 11-42-409. See Utah Code 11-42-102
• Assessment resolution: means a resolution adopted by a local entity under Section 11-42-404 that levies an assessment on benefitted property within an assessment area. See Utah Code 11-42-102
• Benefitted property: means property within an assessment area that directly or indirectly benefits from improvements, operation and maintenance, or economic promotion activities. See Utah Code 11-42-102
• Bond anticipation notes: means notes issued under Section 11-42-602 in anticipation of the issuance of assessment bonds. See Utah Code 11-42-102
• Bonds: means assessment bonds and refunding assessment bonds. See Utah Code 11-42-102
• Budget: means a plan for financial operations for a fiscal period, embodying estimates for proposed expenditures for given purposes and the means of financing the expenditures. See Utah Code 17-36-3
• Budget period: means the fiscal period for which a budget is prepared. See Utah Code 17-36-3
• Budgetary fund: means a fund for which a budget is required, such as those described in Section 17-36-8. See Utah Code 17-36-3
• Business entity: means a sole proprietorship, partnership, limited partnership, limited liability company, corporation, or other entity or association used to carry on a business for profit. See Utah Code 13-57-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commercial area: means an area in which at least 75% of the property is devoted to the interchange of goods or commodities. See Utah Code 11-42-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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.
• County executive: means :
       (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
       (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• County general fund: means the general fund used by a county. See Utah Code 17-36-3
• Countywide service: means a service provided in both incorporated and unincorporated areas of a county. See Utah Code 17-36-3
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means any functional unit within a fund which carries on a specific activity. See Utah Code 17-36-3
• Designation ordinance: means an ordinance adopted by a local entity under Section 11-42-206 designating an assessment area. See Utah Code 11-42-102
• Designation resolution: means a resolution adopted by a local entity under Section 11-42-206 designating an assessment area. See Utah Code 11-42-102
• Development authority: means :
       (18)(a) the Utah Inland Port Authority created in Section 11-58-201; or
       (18)(b) the military installation development authority created in Section 63H-1-201. See Utah Code 11-42-102
• Director: means the director of the Division of Consumer Protection. See Utah Code 13-57-102
• Division: means the Division of Consumer Protection of the Department of Commerce established in Section 13-2-1. See Utah Code 13-57-102
• Economic promotion activities: means activities that promote economic growth in a commercial area of a local entity, including:
       (19)(a) sponsoring festivals and markets;
       (19)(b) promoting business investment or activities;
       (19)(c) helping to coordinate public and private actions; and
       (19)(d) developing and issuing publications designed to improve the economic well-being of the commercial area. See Utah Code 11-42-102
• Encumbrance system: means a method of budgetary control where part of an appropriation is reserved to cover a specific expenditure by charging obligations, such as purchase orders, contracts, or salary commitments to an appropriation account. See Utah Code 17-36-3
• Environmental remediation activity: means a surface or subsurface enhancement, effort, cost, initial or ongoing maintenance expense, facility, installation, system, earth movement, or change to grade or elevation that improves the use, function, aesthetics, or environmental condition of publicly owned property. See Utah Code 11-42-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equivalent residential unit: means a dwelling, unit, or development that is equal to a single-family residence in terms of the nature of its use or impact on an improvement to be provided in the assessment area. See Utah Code 11-42-102
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Estimated revenue: means any revenue estimated to be received during the budget period in any fund for which a budget is prepared. See Utah Code 17-36-3
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
       (2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
       (2)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Finance officer: means :
       (13)(a) the county auditor or the person selected to provide accounting services for the county in accordance with Section 17-19a-205; or
       (13)(b) notwithstanding Subsection (13)(a), for the purposes of preparing a tentative budget in a county operating under a county executive-council form of county government, the county executive. See Utah Code 17-36-3
• Fiscal period: means the annual or biennial period for recording county fiscal operations. See Utah Code 17-36-3
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fund: means an independent fiscal and accounting entity comprised of a sum of money or other resources segregated for a specific purpose or objective. See Utah Code 17-36-3
• Fund balance: means the excess of the assets over liabilities, reserves, and contributions, as reflected by its books of account. See Utah Code 17-36-3
• General fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 17-36-3
• Governing body: means :
       (22)(a) for a county, city, or town, the legislative body of the county, city, or town;
       (22)(b) for a special district, the board of trustees of the special district;
       (22)(c) for a special service district:

            (22)(c)(i) the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or

            (22)(c)(ii) the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301;
       (22)(d) for the military installation development authority created in Section 63H-1-201, the board, as defined in Section 63H-1-102;
       (22)(e) for the Utah Inland Port Authority, created in Section 11-58-201, the board, as defined in Section 11-58-102; and
       (22)(f) for a public infrastructure district, the board of the public infrastructure district as defined in Section 17D-4-102. See Utah Code 11-42-102
• Guaranty fund: means the fund established by a local entity under Section 11-42-701. See Utah Code 11-42-102
• Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 13-57-102
• Improved property: means property upon which a residential, commercial, or other building has been built. See Utah Code 11-42-102
• Individual: means a person who:
       (5)(a) resides in this state; and
       (5)(b) has or may have a pending legal action in this state. See Utah Code 13-57-102
• Installment payment date: means the date on which an installment payment of an assessment is payable. See Utah Code 11-42-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Jurisdictional boundaries: means :
       (30)(a) for a county, the boundaries of the unincorporated area of the county; and
       (30)(b) for each other local entity, the boundaries of the local entity. See Utah Code 11-42-102
• Last completed fiscal period: means the fiscal period next preceding the current period. See Utah Code 17-36-3
• Legal funding: means a payment of $500,000 or less to an individual in exchange for the right to receive an amount out of the potential proceeds of any realized settlement, judgment, award, or verdict the individual may receive in a civil legal action. See Utah Code 13-57-102
• Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
       (3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
       (3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
• Lien: A claim against real or personal property in satisfaction of a debt.
• Local entity: means :
       (31)(a) a county, city, town, special service district, or special district;
       (31)(b) an interlocal entity as defined in Section 11-13-103;
       (31)(c) the military installation development authority, created in Section 63H-1-201;
       (31)(d) a public infrastructure district under Title 17D, Chapter 4, Public Infrastructure District Act, including a public infrastructure district created by a development authority;
       (31)(e) the Utah Inland Port Authority, created in Section 11-58-201; or
       (31)(f) any other political subdivision of the state. See Utah Code 11-42-102
• Mailing address: means :
       (33)(a) a property owner's last-known address using the name and address appearing on the last completed real property assessment roll of the county in which the property is located; and
       (33)(b) if the property is improved property:

            (33)(b)(i) the property's street number; or

            (33)(b)(ii) the post office box, rural route number, or other mailing address of the property, if a street number has not been assigned. See Utah Code 11-42-102
• Maintenance funding agreement: means an agreement between an individual and a maintenance funding provider under which the maintenance funding provider provides legal funding to the individual. See Utah Code 13-57-102
• Maintenance funding provider: means a business entity that engages in the business of legal funding. See Utah Code 13-57-102
• Man: means an adult human male. See Utah Code 68-3-12.5
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Prior bonds: means the assessment bonds that are refunded in part or in whole by refunding assessment bonds. See Utah Code 11-42-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes real property and any interest in real property, including water rights and leasehold rights. See Utah Code 11-42-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Refunding assessment bonds: means assessment bonds that a local entity issues under Section 11-42-607 to refund, in part or in whole, assessment bonds. See Utah Code 11-42-102
• Reserve fund: means a fund established by a local entity under Section 11-42-702. See Utah Code 11-42-102
• Retained earnings: means that part of the net earnings retained by an enterprise or internal service fund which is not segregated or reserved for any specific purpose. See Utah Code 17-36-3
• Service: means :
       (48)(a) water, sewer, storm drainage, garbage collection, library, recreation, communications, or electric service;
       (48)(b) economic promotion activities; or
       (48)(c) any other service that a local entity is required or authorized to provide. See Utah Code 11-42-102
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sewer assessment area: means an assessment area that has as the assessment area's primary purpose the financing and funding of public improvements to provide sewer service where there is, in the opinion of the local board of health, substantial evidence of septic system failure in the defined area due to inadequate soils, high water table, or other factors proven to cause failure. See Utah Code 11-42-102
• Special district: means a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts. See Utah Code 11-42-102
• Special service district: means the same as that term is defined in Section 17D-1-102. See Utah Code 11-42-102
• 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
• Summons: Another word for subpoena used by the criminal justice system.
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trustee: A person or institution holding and administering property in trust.
• Unappropriated surplus: means that part of a fund which is not appropriated for an ensuing budget period. See Utah Code 17-36-3
• Unassessed benefitted government property: means property that a local entity may not assess in accordance with Section 11-42-408 but is benefitted by an improvement, operation and maintenance, or economic promotion activities. See Utah Code 11-42-102
• Unimproved property: means property upon which no residential, commercial, or other building has been built. See Utah Code 11-42-102
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Voluntary assessment area: means an assessment area that contains only property whose owners have voluntarily consented to an assessment. See Utah Code 11-42-102
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5