Terms Used In Utah Code > Title 13 > Chapter 57 - Maintenance Funding Practices Act

• Adequate protests: means , for all proposed assessment areas except sewer assessment areas, timely filed, written protests under Section 11-42-203 that represent at least 40% of the frontage, area, taxable value, fair market value, lots, number of connections, or equivalent residential units of the property proposed to be assessed, according to the same assessment method by which the assessment is proposed to be levied, after eliminating:
            (1)(a)(i) protests relating to:

                 (1)(a)(i)(A) property that has been deleted from a proposed assessment area; or

                 (1)(a)(i)(B) an improvement that has been deleted from the proposed improvements to be provided to property within the proposed assessment area; and
            (1)(a)(ii) protests that have been withdrawn under Subsection 11-42-203(3). See Utah Code 11-42-102
• 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.
• Appropriation: means an allocation of money for a specific purpose. See Utah Code 17-36-3
• 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 area: means an area, or, if more than one area is designated, the aggregate of all areas within a local entity's jurisdictional boundaries that is designated by a local entity under Part 2, Designating an Assessment Area, for the purpose of financing the costs of improvements, operation and maintenance, or economic promotion activities that benefit property within the area. See Utah Code 11-42-102
• Assessment method: means the method:
       (6)(a) by which an assessment is levied against benefitted property, whether by frontage, area, taxable value, fair market value, lot, parcel, number of connections, equivalent residential unit, any combination of these methods, or any other method; and
       (6)(b) that, when applied to a benefitted property, accounts for an assessment that meets the requirements of Section 11-42-409. See Utah Code 11-42-102
• Benefitted property: means property within an assessment area that directly or indirectly benefits from improvements, operation and maintenance, or economic promotion activities. See Utah Code 11-42-102
• Bonds: means assessment bonds and refunding assessment bonds. See Utah Code 11-42-102
• Budget: means a plan for financial operations for a fiscal period, embodying estimates for proposed expenditures for given purposes and the means of financing the expenditures. See Utah Code 17-36-3
• Budget period: means the fiscal period for which a budget is prepared. See Utah Code 17-36-3
• Budgetary fund: means a fund for which a budget is required, such as those described in Section 17-36-8. See Utah Code 17-36-3
• Business entity: means a sole proprietorship, partnership, limited partnership, limited liability company, corporation, or other entity or association used to carry on a business for profit. See Utah Code 13-57-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Contract: A legal written agreement that becomes binding when signed.
• 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 general fund: means the general fund used by a county. See Utah Code 17-36-3
• 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
• Department: means any functional unit within a fund which carries on a specific activity. See Utah Code 17-36-3
• Designation ordinance: means an ordinance adopted by a local entity under Section 11-42-206 designating an assessment area. See Utah Code 11-42-102
• Designation resolution: means a resolution adopted by a local entity under Section 11-42-206 designating an assessment area. See Utah Code 11-42-102
• Director: means the director of the Division of Consumer Protection. See Utah Code 13-57-102
• Division: means the Division of Consumer Protection of the Department of Commerce established in Section 13-2-1. See Utah Code 13-57-102
• Economic promotion activities: means activities that promote economic growth in a commercial area of a local entity, including:
       (19)(a) sponsoring festivals and markets;
       (19)(b) promoting business investment or activities;
       (19)(c) helping to coordinate public and private actions; and
       (19)(d) developing and issuing publications designed to improve the economic well-being of the commercial area. See Utah Code 11-42-102
• Finance officer: means :
       (13)(a) the county auditor or the person selected to provide accounting services for the county in accordance with Section 17-19a-205; or
       (13)(b) notwithstanding Subsection (13)(a), for the purposes of preparing a tentative budget in a county operating under a county executive-council form of county government, the county executive. See Utah Code 17-36-3
• Fiscal period: means the annual or biennial period for recording county fiscal operations. See Utah Code 17-36-3
• 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.
• Fund: means an independent fiscal and accounting entity comprised of a sum of money or other resources segregated for a specific purpose or objective. See Utah Code 17-36-3
• Fund balance: means the excess of the assets over liabilities, reserves, and contributions, as reflected by its books of account. See Utah Code 17-36-3
• General fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 17-36-3
• Governing body: means :
       (22)(a) for a county, city, or town, the legislative body of the county, city, or town;
       (22)(b) for a special district, the board of trustees of the special district;
       (22)(c) for a special service district:

            (22)(c)(i) the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or

            (22)(c)(ii) the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301;
       (22)(d) for the military installation development authority created in Section 63H-1-201, the board, as defined in Section 63H-1-102;
       (22)(e) for the Utah Inland Port Authority, created in Section 11-58-201, the board, as defined in Section 11-58-102; and
       (22)(f) for a public infrastructure district, the board of the public infrastructure district as defined in Section 17D-4-102. See Utah Code 11-42-102
• Health care provider: means the same as that term is defined in Section 78B-3-403. See Utah Code 13-57-102
• Individual: means a person who:
       (5)(a) resides in this state; and
       (5)(b) has or may have a pending legal action in this state. See Utah Code 13-57-102
• 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 loan of cash from one fund to another, subject to future repayment. See Utah Code 17-36-3
• 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.
• Jurisdictional boundaries: means :
       (30)(a) for a county, the boundaries of the unincorporated area of the county; and
       (30)(b) for each other local entity, the boundaries of the local entity. See Utah Code 11-42-102
• Legal funding: means a payment of $500,000 or less to an individual in exchange for the right to receive an amount out of the potential proceeds of any realized settlement, judgment, award, or verdict the individual may receive in a civil legal action. See Utah Code 13-57-102
• 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
• Lien: A claim against real or personal property in satisfaction of a debt.
• Local entity: means :
       (31)(a) a county, city, town, special service district, or special district;
       (31)(b) an interlocal entity as defined in Section 11-13-103;
       (31)(c) the military installation development authority, created in Section 63H-1-201;
       (31)(d) a public infrastructure district under Title 17D, Chapter 4, Public Infrastructure District Act, including a public infrastructure district created by a development authority;
       (31)(e) the Utah Inland Port Authority, created in Section 11-58-201; or
       (31)(f) any other political subdivision of the state. See Utah Code 11-42-102
• Maintenance funding agreement: means an agreement between an individual and a maintenance funding provider under which the maintenance funding provider provides legal funding to the individual. See Utah Code 13-57-102
• Maintenance funding provider: means a business entity that engages in the business of legal funding. See Utah Code 13-57-102
• 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.
• 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.
• 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
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Project engineer: means the surveyor or engineer employed by or the private consulting engineer engaged by a local entity to perform the necessary engineering services for and to supervise the construction or installation of the improvements. See Utah Code 11-42-102
• Property: includes real property and any interest in real property, including water rights and leasehold rights. See Utah Code 11-42-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Reserve fund: means a fund established by a local entity under Section 11-42-702. See Utah Code 11-42-102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}
• 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.
• 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 fund: means any fund other than the county general fund, such as those described in Section 17-36-6. See Utah Code 17-36-3
• 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
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trustee: A person or institution holding and administering property in trust.
• Unassessed benefitted government property: means property that a local entity may not assess in accordance with Section 11-42-408 but is benefitted by an improvement, operation and maintenance, or economic promotion activities. See Utah Code 11-42-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Verdict: The decision of a petit jury or a judge.
• Voluntary assessment area: means an assessment area that contains only property whose owners have voluntarily consented to an assessment. See Utah Code 11-42-102
• 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