Utah Code > Title 10 > Chapter 2a – Municipal Incorporation

		Sections
Part 1	General Provisions	10-2a-102 – 10-2a-107
Part 2	Incorporation of a Municipality	10-2a-201.5 – 10-2a-220
Part 5	Incorporation of a Preliminary Muncipality	10-2a-501 – 10-2a-510

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Terms Used In Utah Code > Title 10 > Chapter 2a - Municipal Incorporation

Account: means the Pawnbroker, Secondhand Merchandise, and Catalytic Converter Operations Restricted Account created in Section 13-32a-113. See Utah Code 13-32a-102
Additional project capacity: means electric generating capacity provided by a generating unit that first produces electricity on or after May 6, 2002, and that is constructed or installed at or adjacent to the site of a project that first produced electricity before May 6, 2002, regardless of whether:
(1)(a)(i) the owners of the new generating unit are the same as or different from the owner of the project; and
(1)(a)(ii) the purchasers of electricity from the new generating unit are the same as or different from the purchasers of electricity from the project. See Utah Code 11-13-103
Administration: means the School and Institutional Trust Lands Administration. See Utah Code 53C-1-103
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
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.
Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
Affordable housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income of the applicable municipal or county statistical area for households of the same size. See Utah Code 10-2a-501
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.
Amortization: Paying off a loan by regular installments.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Antique shop: means a business operating at an established location that deals primarily in the purchase, exchange, or sale of antique items. See Utah Code 13-32a-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.
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 by the governing board in a budget for a specific purpose. See Utah Code 11-13-501
Asset: means funds, money, an account, real or personal property, or personnel. See Utah Code 11-13-602
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Associated entity: means a taxed interlocal entity that adopts a segment's organizing resolution. See Utah Code 11-13-602
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Automated recycling kiosk: means an interactive machine that:
     (4)(a) is installed inside a commercial site used for the selling of goods and services to consumers;
     (4)(b) is monitored remotely by a live representative during the hours of operation;
     (4)(c) only engages in secondhand merchandise transactions involving wireless communication devices; and
     (4)(d) has the following technological functions:
          (4)(d)(i) verifies the seller's identity by a live representative using the individual's identification;
          (4)(d)(ii) generates a ticket; and
          (4)(d)(iii) electronically transmits the secondhand merchandise transaction information to the central database. See Utah Code 13-32a-102
Automated recycling kiosk operator: means a person whose sole business activity is the operation of one or more automated recycling kiosks. See Utah Code 13-32a-102
Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
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 Permanent Community Impact Fund Board created by Section 35A-8-304, and its successors. See Utah Code 11-13-103
Board: means the State Board of Education. See Utah Code 20A-14-101.1
Bonds: means bonds, notes, or other evidences of indebtedness. See Utah Code 11-17-2
Budget: means a plan of financial operations for a fiscal year that embodies estimates of proposed expenditures for given purposes and the proposed means of financing them, and may refer to the budget of a particular fund for which a budget is required by law or may refer collectively to the budgets for all required funds. See Utah Code 11-13-501
Budget officer: means the person appointed by an interlocal entity governing board to prepare the budget for the interlocal entity. See Utah Code 11-13-501
Budget year: means the fiscal year for which a budget is prepared. See Utah Code 11-13-501
Calendar year entity: means an interlocal entity whose fiscal year begins January 1 and ends December 31 of each calendar year as described in Section 11-13-503. See Utah Code 11-13-501
Candidate: means one or more of:
     (3)(a) the state;
     (3)(b) a county, municipality, school district, special district, special service district, or other political subdivision of the state; and
     (3)(c) a prosecution district. See Utah Code 11-13-103
Catalytic converter: means the same as that term is defined in Section 76-6-1402. See Utah Code 13-32a-102
Catalytic converter purchase: means a purchase from an individual of a used catalytic converter that is no longer affixed to a vehicle. See Utah Code 13-32a-102
Catalytic converter purchaser: means a person who purchases a used catalytic converter in a catalytic converter purchase. See Utah Code 13-32a-102
City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Clean energy system: means a product, system, device, or interacting group of devices that is permanently affixed to real property and that produces energy from clean resources, including:
     (2)(a) a photovoltaic system;
     (2)(b) a solar thermal system;
     (2)(c) a wind system;
     (2)(d) a geothermal system, including:
          (2)(d)(i) a direct-use system; or
          (2)(d)(ii) a ground source heat pump system;
     (2)(e) a micro-hydro system;
     (2)(f) nuclear fuel;
     (2)(g) carbon capture utilization and sequestration; or
     (2)(h) another clean energy system approved by the governing body. See Utah Code 11-17-2
Coin: means a piece of currency, usually metallic and usually in the shape of a disc that is:
     (12)(a) stamped metal, and issued by a government as monetary currency; or
     (12)(b)
          (12)(b)(i) worth more than its current value as currency; and
          (12)(b)(ii) worth more than its metal content value. See Utah Code 13-32a-102
Coin dealer: means a person whose sole business activity is the selling and purchasing of numismatic items and precious metals. See Utah Code 13-32a-102
Collectible paper money: means paper currency that is no longer in circulation and is sold and purchased for the paper currency's collectible value. See Utah Code 13-32a-102
Commercial project entity: means a project entity, defined in Subsection (18), that:
(4)(a) has no taxing authority; and
(4)(b) is not supported in whole or in part by and does not expend or disburse tax revenues. See Utah Code 11-13-103
Community council area: means the cumulative areas within the geographic boundary of a community council that is formally recognized by a county of the first class pursuant to county ordinance. See Utah Code 10-2a-102
Community council municipality: means a municipality that results from the incorporation of unincorporated islands within a community council area. See Utah Code 10-2a-102
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Consignment shop: means a business, operating at an established location:
(16)(a) that deals primarily in the offering for sale property owned by a third party; and
(16)(b) where the owner of the property only receives consideration upon the sale of the property by the business. See Utah Code 13-32a-102
Contact sponsor: means the person designated in the feasibility request as the contact sponsor under Subsection 10-2a-202(3)(b). See Utah Code 10-2a-102
Contiguous: means , except as provided in Subsection (1)(d)(ii), the same as that term is defined in Section 10-1-104. See Utah Code 10-2a-102
Contiguous: means the same as that term is defined in Section 10-2a-102. See Utah Code 10-2a-501
Controlling interest: means that one or more governmental entities collectively represent a majority of the board's voting power as outlined in the nonprofit corporation's governing documents. See Utah Code 11-13a-102
Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102
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.
County legislative body: means :
     (8)(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;
     (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
     (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. ^{Source: OCC}
Current year: means the fiscal year in which a budget is prepared and adopted, and which is the fiscal year immediately preceding the budget year. See Utah Code 11-13-501
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
database: means the electronic database created and operated under Section 13-32a-105. See Utah Code 13-32a-102
Deed: The legal instrument used to transfer title in real property from one person to another.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Deficit: means the occurrence when expenditures exceed revenues. See Utah Code 11-13-501
Devise: To gift property by will.
Direct impacts: means an increase in the need for public facilities or services that is attributable to the project or facilities providing additional project capacity, except impacts resulting from the construction or operation of a facility that is:
(5)(a) owned by an owner other than the owner of the project or of the facilities providing additional project capacity; and
(5)(b) used to furnish fuel, construction, or operation materials for use in the project. See Utah Code 11-13-103
Division: means the Division of Consumer Protection created in Chapter 1, Department of Commerce. See Utah Code 13-32a-102
division: means the Utah Division of Indian Affairs created in Section 9-9-102. See Utah Code 9-9-101
Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. ^{Source: OCC}
Energy efficiency upgrade: means an improvement that is permanently affixed to real property and that is designed to reduce energy consumption, including:
     (3)(a) insulation in:
          (3)(a)(i) a wall, ceiling, roof, floor, or foundation; or
          (3)(a)(ii) a heating or cooling distribution system;
     (3)(b) an insulated window or door, including:
          (3)(b)(i) a storm window or door;
          (3)(b)(ii) a multiglazed window or door;
          (3)(b)(iii) a heat-absorbing window or door;
          (3)(b)(iv) a heat-reflective glazed and coated window or door;
          (3)(b)(v) additional window or door glazing;
          (3)(b)(vi) a window or door with reduced glass area; or
          (3)(b)(vii) other window or door modifications that reduce energy loss;
     (3)(c) an automatic energy control system;
     (3)(d) in a building or a central plant, a heating, ventilation, or air conditioning and distribution system;
     (3)(e) caulking or weatherstripping;
     (3)(f) a light fixture that does not increase the overall illumination of a building unless an increase is necessary to conform with the applicable building code;
     (3)(g) an energy recovery system;
     (3)(h) a daylighting system;
     (3)(i) measures to reduce the consumption of water, through conservation or more efficient use of water, including:
          (3)(i)(i) installation of a low-flow toilet or showerhead;
          (3)(i)(ii) installation of a timer or timing system for a hot water heater; or
          (3)(i)(iii) installation of a rain catchment system; or
     (3)(j) any other modified, installed, or remodeled fixture that is approved as a utility cost-savings measure by the governing body. See Utah Code 11-17-2
Energy services interlocal entity: means an interlocal entity that is described in Subsection 11-13-203(4). See Utah Code 11-13-103
Enterprise fund: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501
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}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
Estimated electric requirements: when used with respect to a qualified energy services interlocal entity, includes any of the following that meets the requirements of Subsection (8)(b):
          (8)(a)(i) generation capacity;
          (8)(a)(ii) generation output; or
          (8)(a)(iii) an electric energy production facility. See Utah Code 11-13-103
Estimated revenue: means the amount of revenue estimated to be received from all sources during the budget year in each fund for which a budget is being prepared. See Utah Code 11-13-501
Facilities providing replacement project capacity: includes facilities that have been, are being, or are proposed to be constructed, reconstructed, converted, repowered, acquired, leased, used, or installed:
(9)(b)(i) to support and facilitate the construction, reconstruction, conversion, repowering, installation, financing, operation, management, or use of replacement project capacity; or
(9)(b)(ii) for the distribution of power generated from existing capacity or replacement project capacity to facilities located on real property in which the project entity that owns the project has an ownership, leasehold, right-of-way, or permitted interest. See Utah Code 11-13-103
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.
Feasibility consultant: means a person or firm with the qualifications and expertise described in Subsection 10-2a-205(2)(b). See Utah Code 10-2a-102
Feasibility consultant: means a person or firm:
(5)(a) with expertise in the processes and economics of local government; and
(5)(b) who is independent of, and not affiliated with, a county or a sponsor of a petition to incorporate a preliminary municipality under this part. See Utah Code 10-2a-501
Feasibility request: means a request, described in Section 10-2a-202, for a feasibility study for the proposed incorporation of a municipality. See Utah Code 10-2a-102
Feasibility request: means a request, described in Section 10-2a-502, for a feasibility study for the proposed incorporation of a preliminary municipality. See Utah Code 10-2a-501
Fiduciary: A trustee, executor, or administrator.
Fiduciary duty: means a duty expressly designated as a fiduciary duty of:
     (3)(a) a director or an officer of a taxed interlocal entity in:
          (3)(a)(i) the organization agreement of the taxed interlocal entity; or
          (3)(a)(ii) an agreement executed by the director or the officer and the taxed interlocal entity; or
     (3)(b) a director or an officer of a segment in:
          (3)(b)(i) the organizing resolution of the segment; or
          (3)(b)(ii) an agreement executed by the director or the officer and the segment. See Utah Code 11-13-602
Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. ^{Source: OCC}
financing: includes the issuing of bonds by a municipality, county, or state university for the purpose of using a portion, or all or substantially all of the proceeds to pay for or to reimburse the user, lender, or the user or lender's designee for the costs of the acquisition of facilities of a project, or to create funds for the project itself where appropriate, whether these costs are incurred by the municipality, the county, the state university, the user, or a designee of the user. See Utah Code 11-17-2
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.
Fiscal year: means the annual period for accounting for fiscal operations in an interlocal entity. See Utah Code 11-13-501
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
Fraud: Intentional deception resulting in injury to another.
Fund: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501
Fund balance: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
General fund: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501
Generally accepted accounting principles: means the accounting principles and standards promulgated from time to time by authoritative bodies in the United States. See Utah Code 11-13-501
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Gift card: means a record that:
     (19)(a) is usable at:
          (19)(a)(i) a single merchant; or
          (19)(a)(ii) a specified group of merchants;
     (19)(b) is prefunded before the record is used; and
     (19)(c) can be used for the purchase of goods or services. See Utah Code 13-32a-102
Governing authority: means a governing board or joint administrator. See Utah Code 11-13-103
Governing board: includes a board of directors. See Utah Code 11-13a-102
Governing board: includes a board of directors described in an agreement, as amended, that creates a project entity. See Utah Code 11-13-103
Governing body: means :
     (5)(a) for a county, city, or town, the legislative body of the county, city, or town;
     (5)(b) for the Utah Inland Port Authority created in Section 11-58-201, the board, as defined in Section 11-58-102;
     (5)(c) for the military installation development authority created in Section 63H-1-201, the board, as defined in Section 63H-1-102;
     (5)(d) for a state university except as provided in Subsection (5)(e), the board or body having the control and supervision of the state university; and
     (5)(e) for a nonprofit corporation or foundation created by and operating under the auspices of a state university, the board of directors or board of trustees of that corporation or foundation. See Utah Code 11-17-2
Governing body: means the body established in an organizing resolution to govern a segment. See Utah Code 11-13-602
Governmental entity: means the state, a county, a municipality, a special district, a special service district, a school district, a state institution of higher education, or any other political subdivision or administrative unit of the state. See Utah Code 11-13a-102
Governmental law: means :
     (5)(a) Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act;
     (5)(b) Title 63A, Chapter 3, Division of Finance;
     (5)(c) Title 63G, Chapter 6a, Utah Procurement Code;
     (5)(d) a law imposing an obligation on a taxed interlocal entity similar to an obligation imposed by a law described in Subsection (5)(a), (b), or (c);
     (5)(e) an amendment to or replacement or renumbering of a law described in Subsection (5)(a), (b), (c), or (d); or
     (5)(f) a law superseding a law described in Subsection (5)(a), (b), (c), or (d). See Utah Code 11-13-602
Governmental nonprofit corporation: means :
          (4)(a)(i) a nonprofit corporation that is wholly owned or wholly controlled by one or more governmental entities, unless the nonprofit corporation receives no operating funding or other financial support from any governmental entity; or
          (4)(a)(ii) a nonprofit corporation in which one or more governmental entities exercise a controlling interest and:
               (4)(a)(ii)(A) that exercises taxing authority;
               (4)(a)(ii)(B) that imposes a mandatory fee for association or participation with the nonprofit corporation where that association or participation is mandated by law; or
               (4)(a)(ii)(C) that receives a majority of the nonprofit corporation's operating funding from one or more governmental entities under the nonprofit corporation's governing documents, except where voluntary membership fees, dues, or assessments compose the operating funding. See Utah Code 11-13a-102
Highway: includes :
     (15)(a) a public bridge;
     (15)(b) a county way;
     (15)(c) a county road;
     (15)(d) a common road; and
     (15)(e) a state road. See Utah Code 68-3-12.5
Identification: means any of the following non-expired forms of identification issued by a state government, the United States government, or a federally recognized Indian tribe, if the identification includes a unique number, photograph of the bearer, and date of birth:
     (20)(a) a United States Passport or United States Passport Card;
     (20)(b) a state-issued driver license;
     (20)(c) a state-issued identification card;
     (20)(d) a state-issued concealed carry permit;
     (20)(e) a United States military identification;
     (20)(f) a United States resident alien card;
     (20)(g) an identification of a federally recognized Indian tribe; or
     (20)(h) notwithstanding Section 53-3-207, a Utah driving privilege card. See Utah Code 13-32a-102
IMEI number: means an International Mobile Equipment Identity number. See Utah Code 13-32a-102
Indexed office: means the address identified under Subsection 63G-7-401(5)(a)(i) by a segment's associated entity in the associated entity's statement described in Subsection 63G-7-401(5). See Utah Code 11-13-602
Indicia of being new: means property that:
     (22)(a) is represented by the individual pawning or selling the property as new;
     (22)(b) is unopened in the original packaging; or
     (22)(c) possesses other distinguishing characteristics that indicate the property is new. See Utah Code 13-32a-102
Industrial park: includes the development of the land for an industrial park under this chapter or the acquisition and provision of water, sewerage, drainage, street, road, sidewalk, curb, gutter, street lighting, electrical distribution, railroad, or docking facilities, or any combination of them, but only to the extent that these facilities are incidental to the use of the land as an industrial park. See Utah Code 11-17-2
Initial landowners: means the persons who owned the land within the proposed preliminary municipality area when the person filed the feasibility request under Section 20A-1-501. See Utah Code 10-2a-501
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}
Interfund loan: means a transfer of assets from one fund to another, subject to future repayment. See Utah Code 11-13-501
Interlocal entity: means :
(12)(a) a Utah interlocal entity, an electric interlocal entity, or an energy services interlocal entity; or
(12)(b) a separate legal or administrative entity created under Section 11-13-205. See Utah Code 11-13-103
Interlocal entity: includes a governmental nonprofit corporation, as that term is defined in Section 11-13a-102. See Utah Code 11-13-501
Interlocal entity general fund: means the general fund of an interlocal entity. See Utah Code 11-13-501
Internal service funds: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501
Joint administrator: means an administrator or joint board described in Section 11-13-207 to administer a joint or cooperative undertaking. See Utah Code 11-13-103
Joint or cooperative undertaking: means an undertaking described in Section 11-13-207 that is not conducted by an interlocal entity. See Utah Code 11-13-103
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
Last completed fiscal year: means the fiscal year immediately preceding the current fiscal year. See Utah Code 11-13-501
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}
Lender: means a trust company, savings bank, savings and loan association, bank, credit union, or any other lending institution that lends, loans, or leases proceeds of a financing to the user or a user's designee. See Utah Code 11-17-2
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.
Lineal descendant: Direct descendant of the same ancestors.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Local law enforcement agency: means the law enforcement agency that has direct responsibility for ensuring compliance with central database reporting requirements for the jurisdiction where the pawn or secondhand business or catalytic converter purchaser is located. See Utah Code 13-32a-102
Member: means a public agency that, with another public agency, creates an interlocal entity under Section 11-13-203. See Utah Code 11-13-103
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgage: means a mortgage, trust deed, or other security device. See Utah Code 11-17-2
Municipal: means of or relating to a municipality. See Utah Code 10-1-104
Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102
Municipal legislative body: means the council of the city or town in any form of municipal government. See Utah Code 20A-1-102
Municipal service: includes the physical facilities required to provide a service described in Subsection (1)(g)(i). See Utah Code 10-2a-102
Municipal service: means the same as that term is defined in Section 10-2a-102. See Utah Code 10-2a-501
Municipal services district: means a special district created under Title 17B, Chapter 2a, Part 11, Municipal Services District Act. See Utah Code 10-2a-102
Municipality: means a city or town. See Utah Code 11-13a-102
Municipality: means any incorporated city or town in the state, including cities or towns operating under home rule charters. See Utah Code 11-17-2
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
Municipality: means a city or town. See Utah Code 20A-1-102
Numismatic item: means a coin, collectible paper money, or exonumia. See Utah Code 13-32a-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.
Organization agreement: means an agreement, as amended, that creates a taxed interlocal entity. See Utah Code 11-13-602
Organizing resolution: means a resolution described in Subsection 11-13-604(1) that creates a segment. See Utah Code 11-13-602
Original victim: means a victim who is not a party to the pawn or sale transaction or catalytic converter purchase and includes:
(25)(a) an authorized representative designated in writing by the original victim; and
(25)(b) an insurer who has indemnified the original victim for the loss of the described property. See Utah Code 13-32a-102
Out-of-state public agency: means a public agency as defined in Subsection (19)(c), (d), or (e). See Utah Code 11-13-103
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.
Pawn or secondhand business: means a business operated by a pawnbroker or secondhand merchandise dealer, or the owner or operator of the business. See Utah Code 13-32a-102
Pawn transaction: means :
     (27)(a) an extension of credit in which an individual delivers property to a pawnbroker for an advance of money and retains the right to redeem the property for the redemption price within a fixed period of time;
     (27)(b) a loan of money on one or more deposits of personal property;
     (27)(c) the purchase, exchange, or possession of personal property on condition of selling the same property back again to the pledgor or depositor; or
     (27)(d) a loan or advance of money on personal property by the pawnbroker taking chattel mortgage security on the personal property, taking or receiving the personal property into the pawnbroker's possession, and selling the unredeemed pledges. See Utah Code 13-32a-102
Pawnbroker: means a person whose business:
(28)(a) engages in a pawn transaction; or
(28)(b) holds itself out as being in the business of a pawnbroker or pawnshop, regardless of whether the person or business enters into pawn transactions or secondhand merchandise transactions. See Utah Code 13-32a-102
Pawnshop: means the physical location or premises where a pawnbroker conducts business. See Utah Code 13-32a-102
Pending annexation area: means an area proposed for annexation in an annexation petition described in Section 10-2-403 that is filed before, and is still pending when, a person files the applicable request for a feasibility study under Section 10-2a-502. See Utah Code 10-2a-501
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
Personal property: All property that is not real property.
Personal property: includes :
     (25)(a) money;
     (25)(b) goods;
     (25)(c) chattels;
     (25)(d) effects;
     (25)(e) evidences of a right in action;
     (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
     (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
Pledgor: means an individual who conducts a pawn transaction with a pawnshop. See Utah Code 13-32a-102
Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102
Pollution: means any form of environmental pollution including water pollution, air pollution, pollution caused by solid waste disposal, thermal pollution, radiation contamination, or noise pollution. See Utah Code 11-17-2
Position: means a square, circle, rectangle, or other geometric shape on a ballot in which the voter marks the voter's choice. See Utah Code 20A-1-102
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}
precious metals: means ingots, monetized bullion, art bars, medallions, medals, tokens, and currency that are marked by the refiner or fabricator indicating their fineness and include:
(15)(a)(i) . See Utah Code 13-32a-102
Primary sponsor contact: means :
     (10)(a) in relation to a feasibility request:
          (10)(a)(i) the individual designated as the primary sponsor contact for a feasibility request under Subsection 10-2a-502(5)(c); or
          (10)(a)(ii) an individual designated, in writing, by the initial landowners if a replacement primary sponsor contact is needed; or
     (10)(b) in relation to a petition for incorporation of a preliminary municipality:
          (10)(b)(i) the individual designated as the primary sponsor contact for a petition for incorporation of a preliminary municipality under Subsection 10-2a-507(1)(d); or
          (10)(b)(ii) an individual designated, in writing, by the initial landowners if a replacement primary sponsor contact is needed. See Utah Code 10-2a-501
Principal county: means the county in which the indexed office of a segment's associated entity is located. See Utah Code 11-13-602
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Project: means :
          (11)(a)(i) an industrial park, land, interest in land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination of them, whether or not in existence or under construction:
               (11)(a)(i)(A) that is suitable for industrial, manufacturing, warehousing, research, business, and professional office building facilities, commercial, shopping services, food, lodging, low income rental housing, recreational, or any other business purposes;
               (11)(a)(i)(B) that is suitable to provide services to the general public;
               (11)(a)(i)(C) that is suitable for use by any corporation, person, or entity engaged in health care services, including hospitals, nursing homes, extended care facilities, facilities for the care of persons with a physical or mental disability, and administrative and support facilities; or
               (11)(a)(i)(D) that is suitable for use by a state university for the purpose of aiding in the accomplishment of its authorized academic, scientific, engineering, technical, and economic development functions;
          (11)(a)(ii) any land, interest in land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination of them, used by any individual, partnership, firm, company, corporation, public utility, association, trust, estate, political subdivision, state agency, or any other legal entity, or its legal representative, agent, or assigns, for the reduction, abatement, or prevention of pollution, including the removal or treatment of any substance in process material, if that material would cause pollution if used without the removal or treatment;
          (11)(a)(iii) an energy efficiency upgrade;
          (11)(a)(iv) a clean energy system;
          (11)(a)(v) facilities, machinery, or equipment, the manufacturing and financing of which will maintain or enlarge domestic or foreign markets for Utah industrial products; or
          (11)(a)(vi) any economic development or new venture investment fund to be raised other than from:
               (11)(a)(vi)(A) municipal or county general fund money;
               (11)(a)(vi)(B) money raised under the taxing power of any county or municipality; or
               (11)(a)(vi)(C) money raised against the general credit of any county or municipality. See Utah Code 11-17-2
Project: includes a project entity's ownership interest in:
          (17)(b)(i) facilities that provide additional project capacity;
          (17)(b)(ii) facilities providing replacement project capacity;
          (17)(b)(iii) additional generating, transmission, fuel, fuel transportation, water, or other facilities added to a project; and
          (17)(b)(iv) a Utah interlocal energy hub, as defined in Section 11-13-602. See Utah Code 11-13-103
Project: means :
(10)(a) the same as that term is defined in Section 11-13-103; or
(10)(b) facilities, improvements, or contracts undertaken by a taxed interlocal entity in accordance with Subsection 11-13-204(2). See Utah Code 11-13-602
Project entity: means a Utah interlocal entity or an electric interlocal entity that owns a project as defined in this section. See Utah Code 11-13-103
Property: means an article of tangible personal property, numismatic item, precious metal, gift card, transaction card, or other physical or digital card or certificate evidencing store credit, and includes a wireless communication device. See Utah Code 13-32a-102
Property: includes both real and personal property. See Utah Code 68-3-12.5
Proposed preliminary municipality area: means the area proposed for incorporation as a preliminary municipality in a feasibility request. See Utah Code 10-2a-501
Proprietary fund: means enterprise funds and the internal service funds of an interlocal entity. See Utah Code 11-13-501
Public agency: means :
     (19)(a) a city, town, county, school district, special district, special service district, an interlocal entity, or other political subdivision of the state;
     (19)(b) the state or any department, division, or agency of the state;
     (19)(c) any agency of the United States;
     (19)(d) any political subdivision or agency of another state or the District of Columbia including any interlocal cooperation or joint powers agency formed under the authority of the law of the other state or the District of Columbia; or
     (19)(e) any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 11-13-103
Public asset: means :
     (11)(a) an asset used by a public entity;
     (11)(b) tax revenue;
     (11)(c) state funds; or
     (11)(d) public funds. See Utah Code 11-13-602
Public funds: means any money or payment collected or received by an interlocal entity, including money or payment for services or goods provided by the interlocal entity. See Utah Code 11-13-501
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
Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Replacement project capacity: means electric generating capacity or transmission capacity that:
     (21)(a) replaces all or a portion of the existing electric generating or transmission capacity of a project; and
     (21)(b) is provided by a facility that is on, adjacent to, in proximity to, or interconnected with the site of a project, regardless of whether:
          (21)(b)(i) the capacity replacing existing capacity is less than or exceeds the generating or transmission capacity of the project existing before installation of the capacity replacing existing capacity;
          (21)(b)(ii) the capacity replacing existing capacity is owned by the project entity that is the owner of the project, a segment established by the project entity, or a person with whom the project entity or a segment established by the project entity has contracted; or
          (21)(b)(iii) the facility that provides the capacity replacing existing capacity is constructed, reconstructed, converted, repowered, acquired, leased, used, or installed before or after any actual or anticipated reduction or modification to existing capacity of the project. See Utah Code 11-13-103
Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Retained earnings: has the meaning provided in generally accepted accounting principles. See Utah Code 11-13-501
Road: includes :
     (33)(a) a public bridge;
     (33)(b) a county way;
     (33)(c) a county road;
     (33)(d) a common road; and
     (33)(e) a state road. See Utah Code 68-3-12.5
Scrap jewelry: means an item purchased solely:
(33)(a) for its gold, silver, or platinum content; and
(33)(b) for the purpose of reuse of the metal content. See Utah Code 13-32a-102
Secondhand merchandise dealer: includes a coin dealer and an automated recycling kiosk operator. See Utah Code 13-32a-102
Secondhand merchandise transaction: means the purchase or exchange of used or secondhand property. See Utah Code 13-32a-102
Segment: means a segment created in accordance with Section 11-13-604. See Utah Code 11-13-602
Service of process: The service of writs or summonses to the appropriate party.
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.
Shapefile: means the digital vector storage format for storing geometric location and associated attribute information. See Utah Code 20A-14-101.1
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Special election: means an election held as authorized by Section 20A-1-203. See Utah Code 20A-1-102
Special fund: means an interlocal entity fund other than the interlocal entity general fund. See Utah Code 11-13-501
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 university: means an institution of higher education as described in Section 53B-2-101 and includes any nonprofit corporation or foundation created by and operating under their authority. See Utah Code 11-17-2
Statute: A law passed by a legislature.
Subpoena: A command to a witness to appear and give testimony.
System infrastructure: means , as shown on the map or plat described in Subsection 10-2a-502(5)(e) for the proposed preliminary municipal area:
(13)(a) the main thoroughfares within the proposed preliminary municipal area, including the roads that connect the proposed preliminary municipality area to an existing road outside the proposed preliminary municipality area; and
(13)(b) the main lines that will connect a utility to the proposed preliminary municipality area, including the stubs that will connect the main lines to the development in the proposed preliminary municipality area. See Utah Code 10-2a-501
Taxed interlocal entity: means :
     (13)(a) a project entity that:
          (13)(a)(i) is not exempt from a tax or fee in lieu of taxes imposed in accordance with Part 3, Project Entity Provisions;
          (13)(a)(ii) does not receive a payment of funds from a federal agency or office, state agency or office, political subdivision, or other public agency or office other than:
               (13)(a)(ii)(A) a payment that does not materially exceed the greater of the fair market value and the cost of a service provided or property conveyed by the project entity; or
               (13)(a)(ii)(B) a grant that is subject to accountability requirements and that the project entity receives for purposes related to a Utah interlocal energy hub, including research and development of technology, financing, construction, installation, operation, and other actions that the project entity may take with respect to a project; and
          (13)(a)(iii) does not receive, expend, or have the authority to compel payment from tax revenue; or
     (13)(b) an interlocal entity that:
          (13)(b)(i) was created before 1981 for the purpose of providing power supply at wholesale to its members;
          (13)(b)(ii) does not receive a payment of funds from a federal agency or office, state agency or office, political subdivision, or other public agency or office other than:
               (13)(b)(ii)(A) a payment that does not materially exceed the greater of the fair market value and the cost of a service provided or property conveyed by the interlocal entity; or
               (13)(b)(ii)(B) a loan, grant, guaranty, transferable tax credit, cost-sharing arrangement, or other funding arrangement for an advanced nuclear power facility, as defined in Utah Code 11-13-602
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Ticket: means a document upon which information is entered when a pawn transaction or secondhand merchandise transaction is made. See Utah Code 13-32a-102
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Transaction card: means a card, code, or other means of access to a value with the retail business issued to a person that allows the person to obtain, purchase, or receive any of the following:
     (37)(a) goods;
     (37)(b) services;
     (37)(c) money; or
     (37)(d) anything else of value. See Utah Code 13-32a-102
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
tribe: means a tribe, band, nation, or other organized group or community of Indians that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 9-9-101
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
trust lands: means those properties granted by the United States in the Utah Enabling Act to the state in trust, and other lands transferred to the trust, which must be managed for the benefit of:
(8)(a) the state's public education system; or
(8)(b) the institutions of the state which are designated by the Utah Enabling Act as beneficiaries of trust lands. See Utah Code 53C-1-103
Trustee: A person or institution holding and administering property in trust.
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
Unincorporated: means not within a municipality. See Utah Code 10-1-104
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Uphold: The decision of an appellate court not to reverse a lower court decision.
Use: includes , when constituting a noun, the corresponding nominal form of each term in Subsection (14)(a), individually. See Utah Code 11-13-602
User: means the person, whether natural or corporate, who will occupy, operate, maintain, and employ the facilities of, or manage and administer a project after the financing, acquisition, or construction of it, whether as owner, manager, purchaser, lessee, or otherwise. See Utah Code 11-17-2
Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
     (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
     (42)(b)
          (42)(b)(i) after the day described in Subsection (42)(a); and
          (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
Utah interlocal energy hub: means project entity-owned facilities that:
     (15)(a) are located within the state; and
     (15)(b) facilitate the coordination of resources and participants in a multi-county or interstate region for:
          (15)(b)(i) the generation of energy, including with hydrogen fuel;
          (15)(b)(ii) the transmission of energy;
          (15)(b)(iii) energy storage, including compressed air energy storage;
          (15)(b)(iv) producing environmental benefits; or
          (15)(b)(v) the production, storage, or transmission of fuel, including hydrogen fuel. See Utah Code 11-13-602
Vacancy: means :
(75)(a) except as provided in Subsection (75)(b), the absence of an individual to serve in a position created by state constitution or state statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause ; or
(75)(b) in relation to a candidate for a position created by state constitution or state statute, the removal of a candidate due to the candidate's death, resignation, or disqualification. See Utah Code 20A-1-102
Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
Venue: The geographical location in which a case is tried.
Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
Voter: means an individual who:
     (79)(a) meets the requirements for voting in an election;
     (79)(b) meets the requirements of election registration;
     (79)(c) is registered to vote; and
     (79)(d) is listed in the official register book. See Utah Code 20A-1-102
Voting precinct: means the smallest geographical voting unit, established under Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies. See Utah Code 20A-1-102
Wireless communication device: means a cellular telephone or a portable electronic device designed to receive and transmit a text message, email, video, or voice communication. See Utah Code 13-32a-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