Terms Used In Utah Code > Title 10 > Chapter 2a > Part 5 - Incorporation of a Preliminary Muncipality

• 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
• Bonds: means bonds, notes, or other evidences of indebtedness. See Utah Code 11-17-2
• 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
• Contiguous: means the same as that term is defined in Section 10-2a-102. See Utah Code 10-2a-501
• 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
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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-502, for a feasibility study for the proposed incorporation of a preliminary municipality. See Utah Code 10-2a-501
• 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.
• 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
• 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
• 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}
• Municipal: means of or relating to a municipality. See Utah Code 10-1-104
• Municipal service: means the same as that term is defined in Section 10-2a-102. See Utah Code 10-2a-501
• 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
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• 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
• 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
• 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
• 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
• 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
• 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
• 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
• 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
• 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
• Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
• 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
• 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