Terms Used In Utah Code > Title 11 > Chapter 13 > Part 6 - Taxed Interlocal Entities

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• 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.
• 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
• Board: means the Permanent Community Impact Fund Board created by Section 35A-8-304, and its successors. See Utah Code 11-13-103
• Contract: A legal written agreement that becomes binding when signed.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• 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
• 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.
• 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.
• 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
• 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.
• 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 the body established in an organizing resolution to govern a segment. See Utah Code 11-13-602
• 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
• 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
• 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
• 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.
• 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.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• 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
• 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
• 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
• 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 :
       (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: 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
• 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
• 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.
• 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
• 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
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Use: includes , when constituting a noun, the corresponding nominal form of each term in Subsection (14)(a), individually. See Utah Code 11-13-602
• 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