Terms Used In Utah Code > Title 17B > Chapter 1 > Part 11 - Special District Bonds

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appraisal: A determination of property value.
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Arrest: Taking physical custody of a person by lawful authority.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Board: means the Utah Homeless Services Board created in Section 35A-16-204. See Utah Code 35A-16-102
• Bond: means :
       (3)(a) a written obligation to repay borrowed money, whether denominated a bond, note, warrant, certificate of indebtedness, or otherwise; and
       (3)(b) a lease agreement, installment purchase agreement, or other agreement that:

            (3)(b)(i) includes an obligation by the district to pay money; and

            (3)(b)(ii) the district's board of trustees, in its discretion, treats as a bond for purposes of Title 11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond Act. See Utah Code 17B-1-102
• Certified interpreter: means an individual who is certified as meeting the certification requirements of this part. See Utah Code 35A-13-602
• Chief executive officer: means the same as that term is defined in Section 11-51-102. See Utah Code 35A-16-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Client: means an individual who is experiencing homelessness or an individual at risk of becoming homeless. See Utah Code 35A-16-102
• Collaborative applicant: means the entity designated by a continuum of care to collect and submit data and apply for funds on behalf of the continuum of care, as required by the United States Department of Housing and Urban Development. See Utah Code 35A-16-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Continuum of care: means a regional or local planning body designated by the United States Department of Housing and Urban Development to coordinate services for individuals experiencing homelessness within an area of the state. See Utah Code 35A-16-102
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Coordinator: means the state homelessness coordinator appointed under Section 63J-4-202. See Utah Code 35A-16-102
• 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.
• Criminal conduct: means the same as that term is defined in Section 77-38b-102. See Utah Code 77-2a-1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deaf: means an individual with a diagnosed auditory deficit that renders the individual unable to comprehend spoken language through audition only, even with medical intervention or amplification, and that results in functional limitations in one or more areas of daily living. See Utah Code 35A-13-102
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
• Department: means the Department of Workforce Services. See Utah Code 35A-15-102
• Dependent: A person dependent for support upon another.
• Director: means the director of the Utah State Office of Rehabilitation. See Utah Code 35A-13-102
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Diversion: means suspending criminal proceedings before conviction on the condition that a defendant agree to:
       (2)(a) participate in a rehabilitation program;
       (2)(b) pay restitution to a victim; or
       (2)(c) fulfill some other condition. See Utah Code 77-2-2
• Drainage district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 2, Drainage District Act, including an entity that was created and operated as a drainage district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
• Economically disadvantaged: means to be eligible to receive free or reduced price lunch. See Utah Code 35A-15-102
• Eligible private provider: means a child care program that:
            (4)(a)(i) is licensed under Title 26B, Chapter 2, Part 4, Child Care Licensing; or
            (4)(a)(ii) except as provided in Subsection (4)(b)(ii), is exempt from licensure under Section 26B-2-405. See Utah Code 35A-15-102
• Eligible student: means a student:
       (5)(a)

            (5)(a)(i) who is three, four, or five years old; and

            (5)(a)(ii) is not eligible for enrollment under Subsection 53G-4-402(8); and
       (5)(b)

            (5)(b)(i) who is economically disadvantaged;

            (5)(b)(ii) whose parent or legal guardian reports that the student has experienced at least one risk factor;

            (5)(b)(iii) is an English learner; or

            (5)(b)(iv) has ever been in foster care. See Utah Code 35A-15-102
• Evaluation: means an evaluation conducted in accordance with Section 35A-15-303. See Utah Code 35A-15-102
• 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 committee: means the executive committee of the board. See Utah Code 35A-16-102
• Executive director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102
• Exit destination: means :
       (8)(a) a homeless situation;
       (8)(b) an institutional situation;
       (8)(c) a temporary housing situation;
       (8)(d) a permanent housing situation; or
       (8)(e) other. See Utah Code 35A-16-102
• facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a special district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing. See Utah Code 17B-1-102
• 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.
• Fire protection district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 3, Fire Protection District Act, including an entity that was created and operated as a fire protection district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
• First-tier eligible municipality: means a municipality that:
       (9)(a) is located within a county of the first or second class;
       (9)(b) as determined by the office, has or is proposed to have an eligible shelter within the municipality's geographic boundaries within the following fiscal year;
       (9)(c) due to the location of an eligible shelter within the municipality's geographic boundaries, requires eligible services; and
       (9)(d) is certified as a first-tier eligible municipality in accordance with Section 35A-16-404. See Utah Code 35A-16-102
• 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.
• 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.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Hard of hearing: means an individual with a diagnosed auditory deficit ranging from mild to profound that results in functional limitations in one or more areas of daily living. See Utah Code 35A-13-102
• High quality school readiness program: means a preschool program that:
       (7)(a) is provided by an eligible LEA or eligible private provider; and
       (7)(b) meets the elements of a high quality school readiness program described in Section 35A-15-202. See Utah Code 35A-15-102
• HMIS: means an information technology system that:
       (10)(a) is used to collect client-level data and data on the provision of housing and services to homeless individuals and individuals at risk of homelessness in the state; and
       (10)(b) meets the requirements of the United States Department of Housing and Urban Development. See Utah Code 35A-16-102
• Homeless services budget: means the comprehensive annual budget and overview of all homeless services available in the state described in Subsection 35A-16-203(1)(b). See Utah Code 35A-16-102
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• Improvement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an entity that was created and operated as a county improvement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
• 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}
• Interpreter services: means services that facilitate effective communication between a hearing individual and an individual who is deaf or hard of hearing through American Sign Language or a language system or code that is modeled after American Sign Language, in whole or in part, or is in any way derived from American Sign Language. See Utah Code 35A-13-602
• Investor: means a person that enters into a results-based contract to provide funding to a high quality school readiness program on the condition that the person will receive payment in accordance with Section 35A-15-402 if the high quality school readiness program meets the performance outcome measures included in the results-based contract. See Utah Code 35A-15-102
• Irrigation district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 5, Irrigation District Act, including an entity that was created and operated as an irrigation district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
• 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.
• Kindergarten transition plan: means a plan that supports the smooth transition of a preschool student to kindergarten and includes communication and alignment among the preschool, program, parents, and K-12 personnel. See Utah Code 35A-15-102
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• LEA: means a school district or charter school. See Utah Code 35A-15-102
• Local homeless council: means a local planning body designated by the steering committee to coordinate services for individuals experiencing homelessness within an area of the state. See Utah Code 35A-16-102
• Metropolitan water district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 6, Metropolitan Water District Act, including an entity that was created and operated as a metropolitan water district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
• Mosquito abatement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 7, Mosquito Abatement District Act, including an entity that was created and operated as a mosquito abatement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
• Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
• Municipal: means of or relating to a municipality. See Utah Code 17B-1-102
• Oath: A promise to tell the truth.
• Oath: includes "affirmation. 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.
• Office: means the Office of Homeless Services. See Utah Code 35A-16-102
• 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.
• Performance outcome measure: means :
       (11)(a) indicators, as determined by the department, on the school readiness assessment; or
       (11)(b) for a results-based contract, the indicators included in the contract. See Utah Code 35A-15-102
• Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
• 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
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Plea in abeyance: means an order by a court, upon motion of the prosecuting attorney and the defendant, accepting a plea of guilty or of no contest from the defendant but not, at that time, entering judgment of conviction against the defendant nor imposing sentence upon the defendant on condition that the defendant comply with specific conditions as set forth in a plea in abeyance agreement. See Utah Code 77-2a-1
• Plea in abeyance agreement: means an agreement entered into between the prosecuting attorney and the defendant setting forth the specific terms and conditions upon which, following acceptance of the agreement by the court, a plea may be held in abeyance. See Utah Code 77-2a-1
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public transit district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 8, Public Transit District Act, including an entity that was created and operated as a public transit district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
• Quorum: The number of legislators that must be present to do business.
• 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
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restitution: means the same as that term is defined in Section 77-38b-102. See Utah Code 77-2a-1
• Results-based contract: means a contract that:
       (12)(a) is entered into in accordance with Section 35A-15-402;
       (12)(b) includes a performance outcome measure; and
       (12)(c) is between the department, a provider of a high quality school readiness program, and an investor. See Utah Code 35A-15-102
• Risk factor: means :
       (13)(a) having a mother who was 18 years old or younger when the child was born;
       (13)(b) a member of a child's household is incarcerated;
       (13)(c) living in a neighborhood with high violence or crime;
       (13)(d) having one or both parents with a low reading ability;
       (13)(e) moving at least once in the past year;
       (13)(f) living with multiple families in the same household;
       (13)(g) having exposure in a child's home to:

            (13)(g)(i) physical abuse or domestic violence;

            (13)(g)(ii) substance abuse;

            (13)(g)(iii) the death or chronic illness of a parent or sibling; or

            (13)(g)(iv) mental illness; or
       (13)(h) having at least one parent who has not completed high school. See Utah Code 35A-15-102
• School readiness assessment: means the same as that term is defined in Section 53E-4-314. See Utah Code 35A-15-102
• School readiness team: means a team comprised of staff from:
       (15)(a) the Department of Workforce Services' Office of Child Care that support preschool and early care programs; and
       (15)(b) the state board that oversees preschool programs. See Utah Code 35A-15-102
• Second-tier eligible municipality: means a municipality that:
       (14)(a) is located within a county of the third, fourth, fifth, or sixth class;
       (14)(b) as determined by the office, has or is proposed to have an eligible shelter within the municipality's geographic boundaries within the following fiscal year;
       (14)(c) due to the location of an eligible shelter within the municipality's geographic boundaries, requires eligible services; and
       (14)(d) is certified as a second-tier eligible municipality in accordance with Section 35A-16-404. See Utah Code 35A-16-102
• Service area: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was created and operated as a county service area or a regional service area under the law in effect before April 30, 2007. See Utah Code 17B-1-102
• Service provider: includes a correctional facility and the Administrative Office of the Courts. See Utah Code 35A-16-102
• Special assessment: means an assessment levied against property to pay all or a portion of the costs of making improvements that benefit the property. See Utah Code 17B-1-102
• Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:
       (31)(a) this chapter; or
       (31)(b)

            (31)(b)(i) this chapter; and

            (31)(b)(ii)

                 (31)(b)(ii)(A) Chapter 2a, Part 1, Cemetery Maintenance District Act;

                 (31)(b)(ii)(B) Chapter 2a, Part 2, Drainage District Act;

                 (31)(b)(ii)(C) Chapter 2a, Part 3, Fire Protection District Act;

                 (31)(b)(ii)(D) Chapter 2a, Part 4, Improvement District Act;

                 (31)(b)(ii)(E) Chapter 2a, Part 5, Irrigation District Act;

                 (31)(b)(ii)(F) Chapter 2a, Part 6, Metropolitan Water District Act;

                 (31)(b)(ii)(G) Chapter 2a, Part 7, Mosquito Abatement District Act;

                 (31)(b)(ii)(H) Chapter 2a, Part 8, Public Transit District Act;

                 (31)(b)(ii)(I) Chapter 2a, Part 9, Service Area Act;

                 (31)(b)(ii)(J) Chapter 2a, Part 10, Water Conservancy District Act;

                 (31)(b)(ii)(K) Chapter 2a, Part 11, Municipal Services District Act; or

                 (31)(b)(ii)(L) Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102
• 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
• State board: means the State Board of Education. See Utah Code 35A-15-102
• Statute: A law passed by a legislature.
• Steering committee: means the Utah Homeless Network Steering Committee created in Section 35A-16-206. See Utah Code 35A-16-102
• Strategic plan: means the statewide strategic plan to minimize homelessness in the state described in Subsection 35A-16-203(1)(c). See Utah Code 35A-16-102
• 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.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tool: means the tool developed in accordance with Section 35A-15-303. See Utah Code 35A-15-102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Type of homelessness: means :
       (18)(a) chronic homelessness;
       (18)(b) episodic homelessness;
       (18)(c) situational homelessness; or
       (18)(d) family homelessness. See Utah Code 35A-16-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Venue: The geographical location in which a case is tried.
• Victim: means the same as that term is defined in Section 77-38b-102. See Utah Code 77-2a-1
• Water conservancy district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 10, Water Conservancy District Act, including an entity that was created and operated as a water conservancy district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
• Works: includes a dam, reservoir, well, canal, conduit, pipeline, drain, tunnel, power plant, and any facility, improvement, or property necessary or convenient for supplying or treating water for any beneficial use, and for otherwise accomplishing the purposes of a special district. See Utah Code 17B-1-102
• 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