Utah Code > Title 10 > Chapter 3b – Forms of Municipal Government

		Sections
Part 1	General Provisions	10-3b-101 – 10-3b-105
Part 2	Council-Mayor Form of Municipal Government	10-3b-201 – 10-3b-205
Part 3	Six-Member Council Form of Municipal Government	10-3b-301 – 10-3b-303
Part 4	Five-Member Council Form of Municipal Government	10-3b-401 – 10-3b-403
Part 6	Changing to Another Form of Municipal Government	10-3b-601 – 10-3b-607

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Terms Used In Utah Code > Title 10 > Chapter 3b - Forms of Municipal Government

Administrative agency: means the same as that term is defined in Section 81-6-101. See Utah Code 15-4-1 v2
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
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.
Alternative fuel vehicle: means a motor vehicle that is not powered exclusively by a petroleum fuel source. See Utah Code 11-44-102
Amortization: Paying off a loan by regular installments.
Animal: means a cat or dog. See Utah Code 11-46-102
Animal control officer: means any person employed or appointed by a county or a municipality who is authorized to investigate violations of laws and ordinances concerning animals, to issue citations in accordance with Utah law, and to take custody of animals as appropriate in the enforcement of laws and ordinances concerning animals. See Utah Code 11-46-102
Animal shelter: includes a private humane society or private animal welfare organization. See Utah Code 11-46-102
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
Antiquities Section: means the Antiquities Section of the State Historic Preservation Office. See Utah Code 9-9-402
Appraisal: A determination of property value.
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
Assessment: means the assessment that a specified county levies on benefitted properties under this chapter to pay for beneficial activities. See Utah Code 11-42b-101
Assessment area: means a convention and tourism business assessment area designated under this chapter. See Utah Code 11-42b-101
Authorized officer: means any individual required or permitted by any law or by the issuing public entity to execute on behalf of the public entity, a certificated registered public obligation or a writing relating to an uncertificated registered public obligation. See Utah Code 15-7-2
Beneficial activity: includes an activity to:
          (3)(b)(i) promote tourism;
          (3)(b)(ii) sponsor or incentivize a cultural or sports event, festival, conference, or convention;
          (3)(b)(iii) facilitate economic or workforce development for the lodging industry, including workforce recruitment or retention; or
          (3)(b)(iv) promote placemaking, visitor management, or destination enhancement. See Utah Code 11-42b-101
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}
Benefitted property: means a lodging establishment that directly or indirectly benefits from a beneficial activity. See Utah Code 11-42b-101
Certificated registered public obligation: means a registered public obligation which is represented by an instrument. See Utah Code 15-7-2
Child: means the same as that term is defined in Section 81-6-101. See Utah Code 15-4-1 v2
Code: means the Internal Revenue Code of 1954. See Utah Code 15-7-2
Community cat: means a feral or free-roaming cat that is without visibly discernable or microchip owner identification of any kind, and has been sterilized, vaccinated, and ear-tipped. See Utah Code 11-46-302
Community cat caretaker: means any person other than an owner who provides food, water, or shelter to a community cat or community cat colony. See Utah Code 11-46-302
Community cat colony: means a group of cats that congregate together. See Utah Code 11-46-302
Community cat program: means a program pursuant to which feral cats are sterilized, vaccinated against rabies, ear-tipped, and returned to the location where they congregate. See Utah Code 11-46-302
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
Cost savings: means a decrease in an expenditure, including a future replacement expenditure, by a political subdivision resulting from a performance efficiency measure adopted under this chapter. See Utah Code 11-44-102
Council-mayor form of government: means the form of municipal government that:
     (1)(a)
          (1)(a)(i) is provided for in Laws of Utah 1977, Chapter 48;
          (1)(a)(ii) may not be adopted without voter approval; and
          (1)(a)(iii) consists of two separate, independent, and equal branches of municipal government; and
     (1)(b) on and after May 5, 2008, is described in Part 2, Council-Mayor Form of Municipal Government. See Utah Code 10-3b-102
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}
Cultural affiliation: means that there is a relationship of shared group identity that can be reasonably traced historically or prehistorically between a present day Indian tribe and an identifiable earlier group. See Utah Code 9-9-402
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Deed: The legal instrument used to transfer title in real property from one person to another.
Department: means the Department of Cultural and Community Engagement. See Utah Code 9-1-102
Dependent: A person dependent for support upon another.
Director: means the director of the Division of Indian Affairs. See Utah Code 9-9-402
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
division: means the Utah Division of Indian Affairs created in Section 9-9-102. See Utah Code 9-9-101
Division: means the Division of Indian Affairs. See Utah Code 9-9-402
Energy code: means the energy efficiency code adopted under Section 15A-1-204. See Utah Code 11-45-102
Energy efficiency project: means :
(2)(a)(i) for an existing building, a retrofit to improve energy efficiency; or
(2)(a)(ii) for a new building, an enhancement to improve energy efficiency beyond the minimum required by the energy code. See Utah Code 11-45-102
Energy efficiency projects: include the following expenses:
          (2)(b)(i) construction;
          (2)(b)(ii) engineering;
          (2)(b)(iii) energy audit; or
          (2)(b)(iv) inspection. See Utah Code 11-45-102
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.
Ex officio: Literally, by virtue of one's office.
Facility: means a building, structure, or other improvement that is constructed on property owned by a political subdivision. See Utah Code 11-44-102
Facsimile signature: means the reproduction by engraving, imprinting, stamping, or other means of a manual signature. See Utah Code 15-7-2
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.
Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
Fiduciary: A trustee, executor, or administrator.
Financial intermediary: means a bank, broker, clearing corporation or other person, or the nominee of any of them, which in the ordinary course of its business maintains registered public obligation accounts for its customers. See Utah Code 15-7-2
Five-member council form of government: means the form of municipal government described in Part 4, Five-Member Council Form of Municipal Government. See Utah Code 10-3b-102
Fund: means the Energy Efficiency Fund created in Part 2, Energy Efficiency Fund. See Utah Code 11-45-102
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Guest: means an individual for whom a lodging establishment provides lodging accommodations for compensation. See Utah Code 11-42b-101
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
Indian 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 9-9-402
Issuer: means a public entity which issues an obligation. See Utah Code 15-7-2
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}
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Lodging establishment: means the same as that term is defined in Section 29-2-102. See Utah Code 11-42b-101
Male: means the characteristic of an individual whose biological reproductive system is of the general type that functions to fertilize the ova of a female. See Utah Code 68-3-12.5
Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Municipal: means of or relating to a municipality. See Utah Code 10-1-104
Municipality: means a city or town. See Utah Code 11-42b-101
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
Native American: means of or relating to a tribe, people, or culture that is indigenous to the United States. See Utah Code 9-9-402
Native American remains: means remains that are Native American. See Utah Code 9-9-402
Nonfederal land: includes :
          (10)(b)(i) land owned or controlled by:
               (10)(b)(i)(A) the state;
               (10)(b)(i)(B) a county, city, or town;
               (10)(b)(i)(C) an Indian tribe, if the land is not held in trust by the United States for the Indian tribe or the Indian tribe's members; or
               (10)(b)(i)(D) a person other than the federal government; or
          (10)(b)(ii) school and institutional trust lands as defined in Section 53C-1-103. See Utah Code 9-9-402
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.
Obligation: includes a liability in tort and contractual obligations. See Utah Code 15-4-1
Obligation: means an agreement by a public entity to pay principal and any interest on the obligation, whether in the form of a contract to repay borrowed money, a lease, an installment purchase agreement, or otherwise, and includes a share, participation, or other interest in any such agreement. See Utah Code 15-7-2
Obligee: includes a creditor and a person having a right based on a tort. See Utah Code 15-4-1
Obligor: includes a debtor and a person liable for a tort. See Utah Code 15-4-1
Office: means the Office of Energy Development created in Section 79-6-401. See Utah Code 11-45-102
Official actions: means the actions by statute, order, ordinance, resolution, contract, or other authorized means by which the issuer provides for issuance of a registered public obligation. See Utah Code 15-7-2
official body: means the person or group of persons that is empowered to provide for the original issuance of an obligation of the issuer, by defining the obligation and its terms, conditions, and other incidents, or to perform duties with respect to a registered public obligation and any successor of such person or group of persons. See Utah Code 15-7-2
Owner: means the owner of a benefitted property, or the authorized agent or employee of the owner. See Utah Code 11-42b-101
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 efficiency agreement: means an agreement between a political subdivision and a qualified performance efficiency service provider for evaluation, recommendation, and implementation of one or more performance efficiency measures. See Utah Code 11-44-102
Performance efficiency measure: includes :
          (5)(b)(i) insulation installed in a wall, roof, floor, foundation, or heating and cooling distribution system;
          (5)(b)(ii) a storm window or door, multiglazed window or door, heat absorbing or heat reflective glazed and coated window or door system, additional glazing, or reduction in glass area;
          (5)(b)(iii) an automatic energy control system;
          (5)(b)(iv) a heating, ventilating, or air conditioning and distribution system modification or replacement in a facility;
          (5)(b)(v) caulking and weatherstripping;
          (5)(b)(vi) a replacement or modification of a lighting fixture to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility unless the increase in illumination is necessary to conform to the applicable building code for the proposed lighting system;
          (5)(b)(vii) an energy recovery system;
          (5)(b)(viii) a cogeneration system that produces steam or another form of energy for use primarily within a facility;
          (5)(b)(ix) a renewable energy or alternate energy system;
          (5)(b)(x) a change in operation or maintenance practice;
          (5)(b)(xi) a procurement of a low-cost energy supply, including electricity, natural gas, or water;
          (5)(b)(xii) an indoor air quality improvement that conforms to applicable building code requirements;
          (5)(b)(xiii) a daylighting system;
          (5)(b)(xiv) a building operation program that provides cost savings, including computerized energy management and consumption tracking programs or staff and occupant training;
          (5)(b)(xv) a service to reduce utility costs by identifying utility errors and optimizing rate schedules; or
          (5)(b)(xvi) the purchase and operation of an alternative fuel vehicle and the infrastructure to support the operation of alternative fuel vehicles. See Utah Code 11-44-102
Performance efficiency program: means a program established by a political subdivision under this chapter to adopt a performance efficiency measure. See Utah Code 11-44-102
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
Person: means an individual, an entity, or a representative of an entity. See Utah Code 11-46-102
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
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
Political subdivision: means a county, city, town, or school district. See Utah Code 11-45-102
Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
Proof of sterilization: means a written document signed by a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act, stating:
     (1)(a) a specified animal has been sterilized;
     (1)(b) the date on which the sterilization was performed; and
     (1)(c) the location where the sterilization was performed. See Utah Code 11-46-202
public entity: includes , without limitation, this state, an entity deriving powers from and acting pursuant to a state constitution or legislative act, a county, city, town, a municipal corporation, a quasi-municipal corporation, a state university or college, a school district, a special service district, a special district, a separate legal or administrative entity created under the Interlocal Cooperation Act or other joint agreement entity, a community reinvestment agency, any other political subdivision, a public authority or public agency, a public trust, a nonprofit corporation, or other organizations. See Utah Code 15-7-2
Qualified number of owners: means a number of owners of benefitted properties that represents 60% or more of the total assessment amount levied against all benefitted properties within a proposed or existing assessment area, provided that if an owner of one or more benefitted properties represents 40% or more of the total assessment amount levied against all benefitted properties within a proposed or existing assessment area, no more than 40% of the total assessment amount shall be attributed to that owner. See Utah Code 11-42b-101
Qualified performance efficiency service provider: means a person who:
     (7)(a) has a record of successful performance efficiency agreements; or
     (7)(b) has:
          (7)(b)(i) experience in the design, implementation, and installation of performance efficiency measures;
          (7)(b)(ii) technical capabilities to ensure that a performance efficiency measure generates cost savings; and
          (7)(b)(iii) the ability to secure the financing necessary to support the proposed performance efficiency measure. See Utah Code 11-44-102
Recipient: means the person to whom an animal shelter transfers an animal for adoption. See Utah Code 11-46-202
Registered public obligation: means an obligation issued by a public entity which is issued pursuant to a system of registration. See Utah Code 15-7-2
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.
Remains: means all or part of a physical individual and objects on or attached to the physical individual that are placed there as part of the death rite or ceremony of a culture. See Utah Code 9-9-402
Rental purchase agreement: means an agreement for the use of personal property by a natural person primarily for personal, family, or household purposes for an initial period of four months or less that is automatically renewable with each payment after the initial period, but which does not obligate or require the consumer to continue renting or using the property beyond the initial period, and that permits the consumer to become the owner of the property. See Utah Code 15-8-3
Review committee: means the Native American Remains Review Committee created by Section 9-9-405. See Utah Code 9-9-402
School fee: includes :
          (4)(b)(i) an admission fee;
          (4)(b)(ii) a transportation charge; or
          (4)(b)(iii) a charge, deposit, rent, or other mandatory payment imposed by a third party in connection with an activity or function sponsored by a school described in Subsection (4)(a). See Utah Code 15-4-1
Several obligors: means obligors severally bound for the same performance. See Utah Code 15-4-1
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Six-member council form of government: means the form of municipal government described in Part 3, Six-Member Council Form of Municipal Government. See Utah Code 10-3b-102
Specified county: means a county of the first or second class. See Utah Code 11-42b-101
Sponsor: means any person or organization that traps feral cats, sterilizes, vaccinates against rabies, and ear-tips them before returning them to the location where they were trapped. See Utah Code 11-46-302
State land: means land owned by the state including the state's:
          (14)(a)(i) legislative and judicial branches;
          (14)(a)(ii) departments, divisions, agencies, boards, commissions, councils, and committees; and
          (14)(a)(iii) institutions of higher education as defined under Section 53B-3-102. See Utah Code 9-9-402
Statute: A law passed by a legislature.
Sterilization deposit: means the portion of a fee charged by an animal shelter to a recipient or claimant of an unsterilized animal to ensure the animal is timely sterilized in accordance with an agreement between the recipient or the claimant and the animal shelter. See Utah Code 11-46-202
Sterilized: means that an animal has been surgically altered either by the spaying of a female animal or by the neutering of a male animal, so it is unable to reproduce. See Utah Code 11-46-202
Summons: Another word for subpoena used by the criminal justice system.
Third party administrator: means a private nonprofit organization, primarily engaged in destination marketing and promotion, that enters into a contract with a specified county to provide beneficial activities within an assessment area in accordance with the management plan. See Utah Code 11-42b-101
Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
Transfer: means that an animal shelter sells, gives away, places for adoption, or transfers an animal to a recipient. See Utah Code 11-46-202
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
Trustee: A person or institution holding and administering property in trust.
Uncertificated registered public obligation: means a registered public obligation which is not represented by an instrument. See Utah Code 15-7-2
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}
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
Waiver: means the act of not requiring an individual to pay an amount that the individual otherwise owes. See Utah Code 15-4-1