Terms Used In Utah Code > Title 17B > Chapter 1 > Part 1 - General Provisions

• Agreement: means a short-term agreement or a long-term agreement. See Utah Code 73-10d-3
• 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.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Board: means the Board of Water Resources created in Section Utah Code 73-10c-2
• Bond: means :
       (3)(a) a written obligation to repay borrowed money, whether denominated a bond, note, warrant, certificate of indebtedness, or otherwise; and
       (3)(b) a lease agreement, installment purchase agreement, or other agreement that:

            (3)(b)(i) includes an obligation by the district to pay money; and

            (3)(b)(ii) the district's board of trustees, in its discretion, treats as a bond for purposes of Title 11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond Act. See Utah Code 17B-1-102
• Bonds: means obligations issued by a municipality or a county under Title 11, Chapter 17, Utah Industrial Facilities and Development Act, and the provisions of this chapter. See Utah Code 73-10d-3
• Business relationship: means an agreement that governs the relationship of principal and sales representative. See Utah Code 34-44-102
• Certified disaster service volunteer: means any person who has completed the necessary training for and has been certified as a disaster service specialist by the American Red Cross. See Utah Code 34-43-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commission: means :
       (2)(a) compensation:

            (2)(a)(i) that accrues to a sales representative;

            (2)(a)(ii) for payment by a principal; and

            (2)(a)(iii) at a rate expressed as a percentage of the dollar amount of sales, orders, or profits; or
       (2)(b) any other method of compensation agreed to between a sales representative and a principal including:

            (2)(b)(i) fees for services; and

            (2)(b)(ii) a retainer. See Utah Code 34-44-102
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• 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.
• Cost: means , with respect to any privatization project or facility related thereto, without limitation:
       (3)(a) all costs of designing, planning, acquiring, constructing, reconstructing, modifying, improving, maintaining, equipping, extending, furnishing, and placing in service any privatization project, including architectural, planning, engineering, legal, and fiscal advisors' fees or costs, and any costs incident to the acquisition of any necessary property, easement, or right-of-way;
       (3)(b) any costs incurred for preliminary planning to determine the economic or engineering feasibility of a proposed privatization project, including, without limitation, costs of economic investigations and studies, surveys, preparation of designs, plans, working drawings, specifications, and inspection and supervision of the construction of any facility;
       (3)(c) all costs incident to the purchase, installation, or financing of equipment, machinery, and other personal property required by a privatization project;
       (3)(d) all costs incident to the authorization and issuance of bonds, including accountants' fees, attorneys' fees, financial advisors' fees, underwriting fees, including bond discount, and other professional services and printing costs;
       (3)(e) all costs incident to the establishment and funding of appropriate reserve funds; and
       (3)(f) interest estimated to accrue on any bonds issued to finance a privatization project for a reasonable period of time prior to construction, during construction, and for a reasonable period of time after construction. See Utah Code 73-10d-3
• Council: means the Water Development Coordinating Council created by Sections 79-2-201 and 73-10c-3. See Utah Code 73-10c-2
• 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.
• Direct sales company: means a person that:
            (3)(a)(i) sells, distributes, or supplies for consideration a good or service through participants:

                 (3)(a)(i)(A) at different levels of distribution; or

                 (3)(a)(i)(B) in accordance with a formula for compensating participants in whole or in part based on:

                      (3)(a)(i)(B)(I) the sale of a good or service; and

                      (3)(a)(i)(B)(II) the recruitment of or the performance or action of another participant; and
            (3)(a)(ii)

                 (3)(a)(ii)(A) permits participants to recruit other participants to sell, distribute, or supply for consideration the person's good or service; or

                 (3)(a)(ii)(B) provides for commission, cross-commissions, override commissions, bonuses, refunds, dividends, or other consideration that is or may be paid as a result of:

                      (3)(a)(ii)(B)(I) the sale of a good or service; or

                      (3)(a)(ii)(B)(II) the recruitment of or the performance or action of another participant. See Utah Code 34-44-102
• Disaster: means any disaster designated at Level III or higher in the American National Red Cross Regulations and Procedures. See Utah Code 34-43-102
• Donor: The person who makes a gift.
• Donor: means an employee, a volunteer, a prospective employee, or a prospective volunteer of a local government entity or a state institution of higher education. See Utah Code 34-41-101
• Drainage district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 2, Drainage District Act, including an entity that was created and operated as a drainage district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
• Drinking Water Board: means the Drinking Water Board appointed according to Section 19-4-103. See Utah Code 73-10c-2
• Drug: means any substance recognized as a drug in the United States Pharmacopeia, the National Formulary, the Homeopathic Pharmacopeia, or other drug compendia, including Title 58, Chapter 37, Utah Controlled Substances Act, or supplement to any of those compendia. See Utah Code 34-41-101
• Drug testing: means the scientific analysis for the presence of drugs or their metabolites in the human body in accordance with the definitions and terms of this chapter. See Utah Code 34-41-101
• 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.
• facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a special district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing. See Utah Code 17B-1-102
• Facility: means any structure, building, machinery, system, land, water right, or other property necessary or desirable to provide the services contemplated by a privatization project, including, without limitation, all related and appurtenant easements and rights-of-way, improvements, utilities, landscaping, sidewalks, roads, curbs and gutters, and equipment and furnishings. See Utah Code 73-10d-3
• Fire protection district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 3, Fire Protection District Act, including an entity that was created and operated as a fire protection district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
• 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 authority: means the persons, board, body, or entity in which the legislative powers of a political subdivision are vested. See Utah Code 73-10d-3
• 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
• Improvement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an entity that was created and operated as a county improvement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
• Infrastructure financing district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102
• Irrigation district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 5, Irrigation District Act, including an entity that was created and operated as an irrigation district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
• 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}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Local governmental entity: means any political subdivision of Utah including any county, municipality, local school district, special district, special service district, or any administrative subdivision of those entities. See Utah Code 34-41-101
• Long-term agreement: means an agreement or contract having a term of more than five years and less than 50 years. See Utah Code 73-10d-3
• Metropolitan water district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 6, Metropolitan Water District Act, including an entity that was created and operated as a metropolitan water district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
• Mosquito abatement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 7, Mosquito Abatement District Act, including an entity that was created and operated as a mosquito abatement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
• Municipal: means of or relating to a municipality. See Utah Code 17B-1-102
• Municipal services district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 11, Municipal Services District Act. See Utah Code 17B-1-102
• Municipality: means any incorporated city or town in the state, including cities or towns operating under home rule charters. See Utah Code 73-10d-3
• Municipality: means a city or town. See Utah Code 17B-1-102
• 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.
• participant: means an independent agent, contractor, or distributor. See Utah Code 34-44-102
• 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 an individual, property owner, landlord, tenant, employer, business entity, or other legal entity. See Utah Code 34-45-102
• Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
• 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: 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
• Personal property: All property that is not real property.
• Political subdivision: means the state or any municipality, county improvement district, water conservancy district, special service district, drainage district, metropolitan water district, irrigation district, separate legal or administrative entity created under the Interlocal Cooperation Act, or any other entity constituting a political subdivision under the laws of the state. See Utah Code 73-10d-3
• Political subdivision: means a county, city, town, special district under this title, special service district under Title 17D, Chapter 1, Special Service District Act, an entity created by interlocal cooperation agreement under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in statute as a political subdivision of the state. See Utah Code 17B-1-102
• Principal: means a person who:
       (4)(a) engages in any of the following activities with regard to a product or service:

            (4)(a)(i) manufactures;

            (4)(a)(ii) produces;

            (4)(a)(iii) imports;

            (4)(a)(iv) sells; or

            (4)(a)(v) distributes;
       (4)(b) establishes a business relationship with a sales representative to solicit orders for a product or a service described in Subsection (4)(a); and
       (4)(c) agrees to compensate a sales representative, in whole or in part, by commission. See Utah Code 34-44-102
• Privatization project: means all or part of any drinking water, water, or wastewater project which is owned or operated by a private owner/operator, and provides the related services to political subdivisions. See Utah Code 73-10d-3
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Prospective employee: means any person who has made a written or oral application to become an employee of a local governmental entity or a state institution of higher education. See Utah Code 34-41-101
• Public transit district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 8, Public Transit District Act, including an entity that was created and operated as a public transit district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
• 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.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• 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
• sales representative: means a person who enters into a business relationship with a principal:
            (5)(a)(i) to solicit orders for a product or a service described in Subsection (4)(a); and
            (5)(a)(ii) under which the person is compensated, in whole or in part, by commission. See Utah Code 34-44-102
• Sample: means urine, blood, breath, saliva, or hair. See Utah Code 34-41-101
• Security fund: means the Water Development Security Fund created in Section 73-10c-5. See Utah Code 73-10c-2
• Service applicant: means a person who requests that a special district provide a service that the special district is authorized to provide. See Utah Code 17B-1-102
• Service area: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was created and operated as a county service area or a regional service area under the law in effect before April 30, 2007. See Utah Code 17B-1-102
• 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.
• Short-term bond: means a bond that is required to be repaid during the fiscal year in which the bond is issued. See Utah Code 17B-1-102
• 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 assessment: means an assessment levied against property to pay all or a portion of the costs of making improvements that benefit the property. See Utah Code 17B-1-102
• Special assessment bond: means a bond payable from special assessments. See Utah Code 17B-1-102
• Special district: means a limited purpose local government entity, as described in Section 17B-1-103, that operates under, is subject to, and has the powers described in:
       (31)(a) this chapter; or
       (31)(b)

            (31)(b)(i) this chapter; and

            (31)(b)(ii)

                 (31)(b)(ii)(A) Chapter 2a, Part 1, Cemetery Maintenance District Act;

                 (31)(b)(ii)(B) Chapter 2a, Part 2, Drainage District Act;

                 (31)(b)(ii)(C) Chapter 2a, Part 3, Fire Protection District Act;

                 (31)(b)(ii)(D) Chapter 2a, Part 4, Improvement District Act;

                 (31)(b)(ii)(E) Chapter 2a, Part 5, Irrigation District Act;

                 (31)(b)(ii)(F) Chapter 2a, Part 6, Metropolitan Water District Act;

                 (31)(b)(ii)(G) Chapter 2a, Part 7, Mosquito Abatement District Act;

                 (31)(b)(ii)(H) Chapter 2a, Part 8, Public Transit District Act;

                 (31)(b)(ii)(I) Chapter 2a, Part 9, Service Area Act;

                 (31)(b)(ii)(J) Chapter 2a, Part 10, Water Conservancy District Act;

                 (31)(b)(ii)(K) Chapter 2a, Part 11, Municipal Services District Act; or

                 (31)(b)(ii)(L) Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102
• Specialized special district: means a special district that is a cemetery maintenance district, a drainage district, a fire protection district, an improvement district, an irrigation district, a metropolitan water district, a mosquito abatement district, a public transit district, a service area, a water conservancy district, a municipal services district, or an infrastructure financing district. See Utah Code 17B-1-102
• 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 agency: means any state office, officer, official, department, board, commission, institution, bureau, agency, division, or unit of the state, including those within the legislative and judicial branches of the state government. See Utah Code 34-43-102
• State institution of higher education: means the institution as defined in Section 53B-3-102. See Utah Code 34-41-101
• Statute: A law passed by a legislature.
• Supervising agency: means the Water Development Coordinating Council created in Section 73-10c-3. See Utah Code 73-10d-3
• Tax and revenue anticipation bond: means a bond:
       (34)(a) issued in anticipation of the collection of taxes or other revenues or a combination of taxes and other revenues; and
       (34)(b) that matures within the same fiscal year as the fiscal year in which the bond is issued. See Utah Code 17B-1-102
• Taxable value: means the taxable value of property as computed from the most recent equalized assessment roll for county purposes. See Utah Code 17B-1-102
• termination: means the end of a business relationship between a sales representative and a principal, whether by:
       (6)(a) agreement;
       (6)(b) expiration of a time period; or
       (6)(c) exercise of a right of termination by either the principal or the sales representative. See Utah Code 34-44-102
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Unincorporated: means not included within a municipality. See Utah Code 17B-1-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Volunteer: means any person who donates services as authorized by the local governmental entity or state institution of higher education without pay or other compensation except expenses actually and reasonably incurred. See Utah Code 34-41-101
• Wastewater project: means any sewer, sewage system, sewage treatment facility, lagoon, sewage collection facility and system and related pipelines, and all similar systems, works, and facilities necessary or desirable to collect, hold, cleanse, or purify any sewage or other polluted waters of this state, and related structures and facilities. See Utah Code 73-10d-3
• Wastewater project: means :
       (12)(a) a sewer, storm or sanitary sewage system, sewage treatment facility, lagoon, sewage collection facility and system, and related pipelines, and all similar systems, works, and facilities necessary or desirable to collect, hold, cleanse, or purify any sewage or other polluted waters of this state; and
       (12)(b) a study, pollution prevention activity, or pollution education activity that will protect the waters of this state. See Utah Code 73-10c-2
• Water conservancy district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 10, Water Conservancy District Act, including an entity that was created and operated as a water conservancy district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
• Water Quality Board: means the Water Quality Board appointed according to Section 19-5-103. See Utah Code 73-10c-2
• Waters of this state: means any stream, lake, pond, marsh, watercourse, waterway, well, spring, irrigation system, drainage system, or other body or accumulation of water, whether surface, underground, natural, artificial, public or private, or other water resource of the state, which is contained within or flows in or through the state. See Utah Code 73-10d-3
• Works: includes a dam, reservoir, well, canal, conduit, pipeline, drain, tunnel, power plant, and any facility, improvement, or property necessary or convenient for supplying or treating water for any beneficial use, and for otherwise accomplishing the purposes of a special district. See Utah Code 17B-1-102
• 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