Utah Code > Title 11 > Chapter 58 > Part 7 – Port Authority Bonds


§ 11-58-701	Resolution authorizing issuance of port authority bonds — Characteristics of bonds — Notice
§ 11-58-702	Sources from which bonds may be made payable — Port authority powers regarding bonds
§ 11-58-703	Purchase of port authority bonds
§ 11-58-704	Those executing bonds not personally liable — Limitation of obligations under bonds — Negotiability
§ 11-58-705	Obligee rights — Board may confer other rights
§ 11-58-706	Bonds exempt from taxes — Port authority may purchase its own bonds

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Terms Used In Utah Code > Title 11 > Chapter 58 > Part 7 - Port Authority Bonds

Account: means the Environmental Voluntary Cleanup restricted account created under Section 19-8-103. See Utah Code 19-8-102
Address: includes :
          (1)(b)(i) a post office box number;
          (1)(b)(ii) a rural free delivery route number; and
          (1)(b)(iii) a street name and number. See Utah Code 16-6a-102
Administrative proceeding: means an adjudicatory proceeding conducted by the department or other government entity with authority to enforce any environmental law, including any notice of violation proceeding, any department proceeding listed in Section 19-1-305, or any proceeding conducted pursuant to Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 19-7-103
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Agreement: means a voluntary cleanup agreement under this chapter. See Utah Code 19-8-102
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Applicant: means the person:
(3)(a) who submits an application to participate in a voluntary cleanup agreement under this chapter; or
(3)(b) who enters into a voluntary cleanup agreement made under this chapter with the executive director. See Utah Code 19-8-102
Articles of incorporation: include :
     (3)(a) amended articles of incorporation;
     (3)(b) restated articles of incorporation;
     (3)(c) articles of merger; and
     (3)(d) a document of a similar import to the documents described in Subsections (3)(a) through (c). See Utah Code 16-6a-102
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Authority: means the Utah Inland Port Authority, created in Section 11-58-201. See Utah Code 11-58-102
Authority jurisdictional land: means land within the authority boundary delineated:
(2)(a) in the electronic shapefile that is the electronic component of H. See Utah Code 11-58-102
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Board: means the authority's governing body, created in Section 11-58-301. See Utah Code 11-58-102
board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
Bylaws: includes :
(6)(b)(i) amended bylaws; and
(6)(b)(ii) restated bylaws. See Utah Code 16-6a-102
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Class: means a group of memberships that has the same right with respect to voting, dissolution, redemption, transfer, or other characteristics. See Utah Code 16-6a-102
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Completion: means , regarding property covered by an agreement:
(4)(a) no further response actions are necessary; or
(4)(b) the applicant is satisfactorily maintaining the engineering controls, remediation systems, postclosure care, and institutional controls to the extent required pursuant to the voluntary cleanup agreement. See Utah Code 19-8-102
Contaminant: means :
     (5)(a) hazardous materials as defined in Section 19-6-302;
     (5)(b) hazardous substance as defined in Section 19-6-302;
     (5)(c) hazardous waste as defined in Section 19-6-102;
     (5)(d) hazardous waste constituent listed in Utah Code 19-8-102
Contract: A legal written agreement that becomes binding when signed.
Corporate name: means :
     (13)(a) the name of a domestic corporation as stated in the domestic corporation's articles of incorporation;
     (13)(b) the name of a domestic nonprofit corporation as stated in the domestic nonprofit corporation's articles of incorporation;
     (13)(c) the name of a foreign corporation as stated in the foreign corporation's:
          (13)(c)(i) articles of incorporation; or
          (13)(c)(ii) document of similar import to articles of incorporation; or
     (13)(d) the name of a foreign nonprofit corporation as stated in the foreign nonprofit corporation's:
          (13)(d)(i) articles of incorporation; or
          (13)(d)(ii) document of similar import to articles of incorporation. See Utah Code 16-6a-102
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.
Corporation: means a nonprofit corporation or a profit corporation. See Utah Code 16-4-102
Deed: The legal instrument used to transfer title in real property from one person to another.
Delegate: means a person elected or appointed to vote in a representative assembly:
(16)(a) for the election of a director; or
(16)(b) on matters other than the election of a director. See Utah Code 16-6a-102
Deliver: includes delivery by mail or another means of transmission authorized by Section 16-6a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-6a-102
Department: means the Department of Environmental Quality. See Utah Code 19-1-103
Development: means :
(7)(a) the demolition, construction, reconstruction, modification, expansion, or improvement of a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or other facility, including public infrastructure and improvements; and
(7)(b) the planning of, arranging for, or participation in any of the activities listed in Subsection (7)(a). See Utah Code 11-58-102
Development project: means a project for the development of land within a project area. See Utah Code 11-58-102
Director: means a member of the board of directors. See Utah Code 16-6a-102
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Distribution: means the payment of a dividend or any part of the income or profit of a nonprofit corporation to the nonprofit corporation's:
          (19)(a)(i) members;
          (19)(a)(ii) directors; or
          (19)(a)(iii) officers. See Utah Code 16-6a-102
Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
domestic corporation: means a corporation for profit that:
(15)(a) is not a foreign corporation; and
(15)(b) is incorporated under or subject to Chapter 10a, Utah Revised Business Corporation Act. See Utah Code 16-6a-102
domestic nonprofit corporation: means an entity that:
(37)(a) is not a foreign nonprofit corporation; and
(37)(b) is incorporated under or subject to this chapter. See Utah Code 16-6a-102
Employee: includes an officer of a nonprofit corporation. See Utah Code 16-6a-102
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
Entity: includes :
     (25)(a) a domestic or foreign corporation;
     (25)(b) a domestic or foreign nonprofit corporation;
     (25)(c) a limited liability company;
     (25)(d) a profit or nonprofit unincorporated association;
     (25)(e) a business trust;
     (25)(f) an estate;
     (25)(g) a partnership;
     (25)(h) a trust;
     (25)(i) two or more persons having a joint or common economic interest;
     (25)(j) a state;
     (25)(k) the United States; or
     (25)(l) a foreign government. See Utah Code 16-6a-102
Environmental assessment: means the assessment described in Section 19-8-107. See Utah Code 19-8-102
Environmental audit report: means any document, information, report, finding, communication, note, drawing, graph, chart, photograph, survey, suggestion, or opinion, whether in preliminary, draft, or final form, prepared as the result of or in response to an environmental self-evaluation. See Utah Code 19-7-103
Environmental law: means any requirement contained in this title, or in rules made under this title, or in any rules, orders, permits, licenses, or closure plans issued or approved by the department, or in any other provision or ordinance addressing protection of the environment. See Utah Code 19-7-103
Environmental self-evaluation: means a self-initiated assessment, audit, or review, not otherwise expressly required by an environmental law, that is performed to determine whether a person is in compliance with environmental laws. See Utah Code 19-7-103
Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
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 director: means the executive director of the Utah Department of Environmental Quality or the executive director's representative. See Utah Code 19-8-102
Executive director: means the executive director of the state Department of Environment Quality or the executive director's designated representative. See Utah Code 19-10-102
Executive director: means the executive director of the Department of Commerce. See Utah Code 16-6a-102
Fiduciary: A trustee, executor, or administrator.
Foreign corporation: means a corporation for profit incorporated under a law other than the laws of this state. See Utah Code 16-6a-102
Foreign nonprofit corporation: means an entity:
(28)(a) incorporated under a law other than the laws of this state; and
(28)(b) that would be a nonprofit corporation if formed under the laws of this state. See Utah Code 16-6a-102
Fraud: Intentional deception resulting in injury to another.
Governmental entity: means :
     (29)(a)
          (29)(a)(i) the executive branch of the state;
          (29)(a)(ii) the judicial branch of the state;
          (29)(a)(iii) the legislative branch of the state;
          (29)(a)(iv) an independent entity, as defined in Section 63E-1-102;
          (29)(a)(v) a political subdivision of the state;
          (29)(a)(vi) a state institution of higher education, as defined in Section 53B-3-102;
          (29)(a)(vii) an entity within the state system of public education; or
          (29)(a)(viii) the National Guard; or
     (29)(b) any of the following that is established or controlled by a governmental entity listed in Subsection (29)(a) to carry out the public's business:
          (29)(b)(i) an office;
          (29)(b)(ii) a division;
          (29)(b)(iii) an agency;
          (29)(b)(iv) a board;
          (29)(b)(v) a bureau;
          (29)(b)(vi) a committee;
          (29)(b)(vii) a department;
          (29)(b)(viii) an advisory board;
          (29)(b)(ix) an administrative unit; or
          (29)(b)(x) a commission. See Utah Code 16-6a-102
Governmental subdivision: means :
     (30)(a) a county;
     (30)(b) a city;
     (30)(c) a town; or
     (30)(d) another type of governmental subdivision authorized by the laws of this state. See Utah Code 16-6a-102
Individual: means :
     (31)(a) a natural person;
     (31)(b) the estate of an incompetent individual; or
     (31)(c) the estate of a deceased individual. See Utah Code 16-6a-102
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
institutional control: means , with respect to real property, any deed restriction, restrictive covenant, easement, reservation, environmental notice, engineering control, or other restriction or obligation that is designed to protect human health or the environment and:
     (1)(a) is established in connection with a cleanup or risk assessment that is reviewed, overseen, conducted, or administered by the department; and
     (1)(b)
          (1)(b)(i) limits the use of the real property, groundwater, or surface water;
          (1)(b)(ii) limits activities that may be performed on or at the property; or
          (1)(b)(iii) requires maintenance of any engineering or other control. See Utah Code 19-10-102
Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
Internal Revenue Code: means the federal "Internal Revenue Code of 1986" as amended from time to time, or to corresponding provisions of subsequent internal revenue laws of the United States of America. See Utah Code 16-6a-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.
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
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Lien: A claim against real or personal property in satisfaction of a debt.
Member: includes :
(34)(b)(i) "voting member"; and
(34)(b)(ii) a shareholder in a water company. See Utah Code 16-6a-102
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mutual benefit corporation: means a nonprofit corporation:
(36)(a) that issues shares of stock to its members evidencing a right to receive distribution of water or otherwise representing property rights; or
(36)(b) all of whose assets are contributed or acquired by or for the members of the nonprofit corporation or the members' predecessors in interest to serve the mutual purposes of the members. See Utah Code 16-6a-102
Nonprofit corporation: means a nonprofit corporation as defined in Section 16-6a-102. See Utah Code 16-4-102
Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102
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.
Oversight: Committee review of the activities of a Federal agency or program.
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 an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103
Person: means an:
(40)(a) individual; or
(40)(b) entity. See Utah Code 16-6a-102
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
Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
Principal office: means :
     (41)(a) the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including:
          (41)(a)(i) an annual report;
          (41)(a)(ii) an application for a certificate of authority; or
          (41)(a)(iii) a notice of change of principal office; or
     (41)(b) if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102
Proceeding: includes :
     (42)(a) a civil suit;
     (42)(b) arbitration;
     (42)(c) mediation;
     (42)(d) a criminal action;
     (42)(e) an administrative action; or
     (42)(f) an investigatory action. See Utah Code 16-6a-102
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Profit corporation: means a corporation as defined in Section 16-10a-102. See Utah Code 16-4-102
Program: means the Voluntary Environmental Cleanup Program created under this chapter. See Utah Code 19-8-102
Property: includes both real and personal property. See Utah Code 68-3-12.5
Property tax: includes a privilege tax and each levy on an ad valorem basis on tangible or intangible personal or real property. See Utah Code 11-58-102
Public entity: means :
(21)(a) the state, including each department, division, or other agency of the state; or
(21)(b) a county, city, town, school district, special district, special service district, interlocal cooperation entity, community reinvestment agency, or other political subdivision of the state, including the authority. See Utah Code 11-58-102
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
Receive: when used in reference to receipt of a writing or other document by a domestic or foreign nonprofit corporation, means the writing or other document is actually received:
     (43)(a) by the domestic or foreign nonprofit corporation at:
          (43)(a)(i) its registered office in this state; or
          (43)(a)(ii) its principal office;
     (43)(b) by the secretary of the domestic or foreign nonprofit corporation, wherever the secretary is found; or
     (43)(c) by another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-6a-102
Record date: means the date established under Part 6, Members, or Part 7, Member Meetings and Voting, on which a nonprofit corporation determines the identity of the nonprofit corporation's members. See Utah Code 16-6a-102
Registered agent: means the registered agent of:
(45)(a) a domestic nonprofit corporation; or
(45)(b) a foreign nonprofit corporation. See Utah Code 16-6a-102
Registered office: means the office within this state designated by a domestic or foreign nonprofit corporation as its registered office in the most recent document on file with the division providing that information, including:
     (46)(a) articles of incorporation;
     (46)(b) an application for a certificate of authority; or
     (46)(c) a notice of change of registered office. See Utah Code 16-6a-102
Response action: means the cleanup or removal of a contaminant from the environment. See Utah Code 19-8-102
Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-6a-818(3) for:
     (47)(a) the preparation and maintenance of:
          (47)(a)(i) minutes of the meetings of:
               (47)(a)(i)(A) the board of directors; or
               (47)(a)(i)(B) the members; and
          (47)(a)(ii) the other records and information required to be kept by the nonprofit corporation as described in Section 16-6a-1601; and
     (47)(b) authenticating records of the nonprofit corporation. See Utah Code 16-6a-102
Service of process: The service of writs or summonses to the appropriate party.
Share: means a share as defined in:
(4)(a) Section 16-6a-102 for a nonprofit corporation; and
(4)(b) Section 16-10a-102 for a profit corporation. See Utah Code 16-4-102
Share: means a unit of interest in a nonprofit corporation. See Utah Code 16-6a-102
Shareholder: means a person in whose name a share is registered in the records of a nonprofit corporation. See Utah Code 16-6a-102
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
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
Statute: A law passed by a legislature.
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Tribe: means a tribe, band, nation, pueblo, or other organized group or community of Indians, including an Alaska Native village, that is legally recognized as eligible for and is consistent with a special program, service, or entitlement provided by the United States to Indians because of the tribe's status as Indians. See Utah Code 16-6a-102
Trustee: A person or institution holding and administering property in trust.
United States: includes a district, authority, office, bureau, commission, department, and another agency of the United States of America. See Utah Code 16-6a-102
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Vote: includes authorization by:
(55)(a) written ballot; and
(55)(b) written consent. See Utah Code 16-6a-102
Voting group: means all the members of one or more classes of members or directors that, under this chapter, the articles of incorporation, or the bylaws, are entitled to vote and be counted together collectively on a matter. See Utah Code 16-6a-102
voting member: includes a "shareholder" if the nonprofit corporation has shareholders. See Utah Code 16-6a-102
Water company: means a corporation in which a shareholder has the right, based on the shareholder's shares, to receive a proportionate share of water delivered by the corporation. See Utah Code 16-4-102
Water company: means :
(58)(a) the same as that term is defined in Subsection 16-4-102(5); or
(58)(b) a mutual benefit corporation, when the stock in the mutual benefit corporation represents a right to receive a distribution of water for beneficial use. See Utah Code 16-6a-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