Terms Used In Utah Code > Title 11 > Chapter 13 > Part 2 - Public Agencies' Joint Exercise of Powers

• 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
• Adjudicative proceeding: means :
       (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
       (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Advertisement: means material offering for sale, or advertising the availability or quality of, any property, good, or service. See Utah Code 13-25a-102
• Affiliated person: means a seller or a seller's contractor, director, employee, officer, owner, or partner. See Utah Code 13-26-2
• 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.
• 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.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Automated telephone dialing system: means equipment used to:
            (2)(a)(i) store or produce telephone numbers;
            (2)(a)(ii) call a stored or produced number; and
            (2)(a)(iii) connect the number called with a recorded message or artificial voice. See Utah Code 13-25a-102
• Board: means the Permanent Community Impact Fund Board created by Section 35A-8-304, and its successors. See Utah Code 11-13-103
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Continuity plan: means a shipment, with the prior express consent of the buyer, at regular intervals of similar special-interest products, in which there is no binding commitment period or purchase amount. See Utah Code 13-26-2
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Customer: means a person that:
       (2)(a) causes a molder to fabricate, cast, or otherwise make a mold; or
       (2)(b) provides a molder with a mold to make a product for the customer. See Utah Code 13-31-102
• 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.
• Dependent: A person dependent for support upon another.
• Division: means the Division of Consumer Protection. See Utah Code 13-26-2
• Division: means the Division of Consumer Protection. See Utah Code 13-25a-102
• Electric interlocal entity: means an interlocal entity described in Subsection 11-13-203(3). See Utah Code 11-13-103
• Energy services interlocal entity: means an interlocal entity that is described in Subsection 11-13-203(4). See Utah Code 11-13-103
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Established business relationship: includes a relationship with an affiliate as defined in Section 16-10a-102. See Utah Code 13-25a-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Facsimile machine: means equipment used for:
       (5)(a) scanning or encoding text or images for conversion into electronic signals for transmission; or
       (5)(b) receiving electronic signals and reproducing them as a duplicate of the original text or image. See Utah Code 13-25a-102
• Fictitious personal name: means a name other than an individual's legal name. See Utah Code 13-26-2
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing authority: means a governing board or joint administrator. See Utah Code 11-13-103
• Governing board: includes a board of directors described in an agreement, as amended, that creates a project entity. See Utah Code 11-13-103
• Grantor: The person who establishes a trust and places property into it.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• 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}
• 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
• 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
• 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}
• Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:
       (3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
       (3)(b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
• 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.
• Make: includes to manufacture, assemble, cast, or fabricate. See Utah Code 13-31-102
• material fact: means information that a person of ordinary intelligence or prudence would consider important in deciding whether to accept an offer extended through a telephone solicitation. See Utah Code 13-26-2
• 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
• Mold: includes a die, form, or pattern. See Utah Code 13-31-102
• Molder: includes a tool or die maker. See Utah Code 13-31-102
• 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.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Negative response: means a statement from a person stating the person does not wish to listen to the sales presentation or participate in the solicitation presented in the telephone call. See Utah Code 13-25a-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.
• On-call emergency provider: means an individual who is required by an employer to be on call to respond to a medical emergency. See Utah Code 13-25a-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
• Participant: means a person seeking to register or renew a registration as a seller including:
       (6)(a) a seller;
       (6)(b) an owner;
       (6)(c) an officer;
       (6)(d) a director;
       (6)(e) a member or manager of a limited liability company;
       (6)(f) a principal;
       (6)(g) a trustee;
       (6)(h) a general or limited partner;
       (6)(i) a sole proprietor; or
       (6)(j) an individual with a controlling interest in an entity. See Utah Code 13-26-2
• 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
• Premium: means a gift, bonus, prize, award, certificate, or other document by which a prospective purchaser is given a right, chance, or privilege to purchase or receive goods or services with a stated or represented value of $25 or more as an inducement to a prospective purchaser to purchase other goods or services. See Utah Code 13-26-2
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• 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 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: includes both real and personal property. See Utah Code 68-3-12.5
• 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
• 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
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Seller: means a person, or a group of persons engaged in a common effort to conduct a telephone solicitation, that:
       (8)(a) on behalf of the person, or the group of persons engaged in a common effort to conduct a telephone solicitation:

            (8)(a)(i) makes a telephone solicitation; or

            (8)(a)(ii) causes a telephone solicitation to be made; or
       (8)(b) through a telephone solicitor:

            (8)(b)(i) makes a telephone solicitation; or

            (8)(b)(ii) causes a telephone solicitation to be made. See Utah Code 13-26-2
• Service of process: The service of writs or summonses to the appropriate party.
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• solicitation of sale: means :
            (10)(a)(i) a sale or solicitation of goods or services in which:

                 (10)(a)(i)(A)

                      (10)(a)(i)(A)(I) the seller solicits the sale over the telephone;

                      (10)(a)(i)(A)(II) the purchaser's agreement to purchase is made over the telephone; and

                      (10)(a)(i)(A)(III) the purchaser, over the telephone, pays for or agrees to commit to payment for goods or services prior to or upon receipt by the purchaser of the goods or services;

                 (10)(a)(i)(B) the seller, not exempt under Section 13-26-4, induces a prospective purchaser over the telephone, to make and keep an appointment that directly results in the purchase of goods or services by the purchaser that would not have occurred without the telephone solicitation and inducement by the seller;

                 (10)(a)(i)(C) the seller offers or promises a premium to a prospective purchaser if:

                      (10)(a)(i)(C)(I) the seller induces the prospective purchaser to initiate a telephone contact with the seller; and

                      (10)(a)(i)(C)(II) the resulting solicitation meets the requirements of Subsection (10)(a); or

                 (10)(a)(i)(D) the seller solicits a charitable donation involving the exchange of any premium, prize, gift, ticket, subscription, or other benefit in connection with an appeal made for a charitable purpose by an organization that is not otherwise exempt under Subsection 13-26-4(2)(b)(iv); or
            (10)(a)(ii) a telephone solicitation as defined in Section 13-25a-102. See Utah Code 13-26-2
• solicitor: means an individual who engages in a telephone solicitation on behalf of a seller. See Utah Code 13-26-2
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Statute: A law passed by a legislature.
• Telephone solicitation: means the initiation of a telephone call or message for a commercial purpose or to seek a financial donation, including calls:
       (8)(a) encouraging the purchase or rental of, or investment in, property, goods, or services, regardless of whether the transaction involves a nonprofit organization;
       (8)(b) soliciting a sale of or extension of credit for property or services to the person called;
       (8)(c) soliciting information that will be used for:

            (8)(c)(i) the direct solicitation of a sale of property or services to the person called; or

            (8)(c)(ii) an extension of credit to the person called for a sale of property or services;
       (8)(d) soliciting a charitable contribution; or
       (8)(e) encouraging the person called to sell real or personal property. See Utah Code 13-25a-102
• Telephone solicitor: means an individual, firm, organization, partnership, association, or corporation who makes or causes to be made an unsolicited telephone call, including calls made by use of an automated telephone dialing system. See Utah Code 13-25a-102
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Transportation reinvestment zone: means an area created by two or more public agencies by interlocal agreement to capture increased property or sales tax revenue generated by a transportation infrastructure project as described in Section 11-13-227. See Utah Code 11-13-103
• 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}
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Unsolicited telephone call: means a telephone call for a commercial purpose or to seek a financial donation other than a call made:
       (10)(a) in response to an express request of the person called;
       (10)(b) primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of the call;
       (10)(c) to a person with whom the telephone solicitor has an established business relationship; or
       (10)(d) as required by law for a medical purpose. See Utah Code 13-25a-102
• Utah public agency: means a public agency under Subsection (19)(a) or (b). See Utah Code 11-13-103
• 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