Terms Used In Utah Code > Title 17B > Chapter 1 > Part 12 - Special District Validation Proceedings

• Account: means the Homeless Shelter Cities Mitigation Restricted Account created in Section 35A-16-402. See Utah Code 35A-16-401
• Affected county: means a county of the first, second, third, or fourth class in which a code blue event is anticipated. See Utah Code 35A-16-701
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicable county: means a county of the first or second class. See Utah Code 35A-16-501
• Applicable local homeless council: means the local homeless council that is responsible for coordinating homeless response within an applicable county. See Utah Code 35A-16-501
• 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
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authorized provider: means a nonprofit provider of homeless services that is authorized by a third-tier eligible municipality to operate a temporary winter response shelter within the municipality in accordance with Part 5, Winter Response Plan Requirements. See Utah Code 35A-16-401
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Board: means the Utah Homeless Services Board created in Section 35A-16-204. See Utah Code 35A-16-102
• Capacity limit: means a limit as to the number of individuals that a homeless shelter may provide temporary shelter to under a conditional use permit. See Utah Code 35A-16-701
• Capacity limit: means a limit as to the number of individuals that a homeless shelter may provide overnight shelter to under a conditional use permit. See Utah Code 35A-16-501
• Chief executive officer: means the same as that term is defined in Section 11-51-102. See Utah Code 35A-16-501
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Code blue alert: means a proclamation issued by the Department of Health and Human Services under Section 35A-16-702 to alert the public of a code blue event. See Utah Code 35A-16-701
• Code blue event: means a weather event in which the National Weather Service predicts temperatures of 18 degrees Fahrenheit or less, including wind chill, or any other extreme weather conditions established in rules made by the Department of Health and Human Services under Subsection 35A-16-702(4), to occur in any county of the first, second, third, or fourth class for two hours or longer within the next 24 to 48 hours. See Utah Code 35A-16-701
• Community location: means the same as that term is defined in Section Utah Code 35A-16-501
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conference of mayors: means an association consisting of the mayor of each municipality located within a county. See Utah Code 35A-16-501
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Coordinator: means the state homelessness coordinator appointed under Section 63J-4-202. See Utah Code 35A-16-102
• Council of governments: means the same as that term is defined in Section Utah Code 35A-16-501
• County executive: means :
       (7)(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;
       (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
       (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• 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
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Eligible function: means :
       (1)(a) a power conferred on a special district under this title;
       (1)(b) a tax or assessment levied by a special district;
       (1)(c) an act or proceeding that a special district:

            (1)(c)(i) has taken; or

            (1)(c)(ii) contemplates taking; or
       (1)(d) a district contract, whether already executed or to be executed in the future, including a contract for the acquisition, construction, maintenance, or operation of works for the district. See Utah Code 17B-1-1201
• Eligible municipality: means :
       (3)(a) a first-tier eligible municipality;
       (3)(b) a second-tier eligible municipality; or
       (3)(c) a third-tier eligible municipality. See Utah Code 35A-16-401
• Eligible services: means any activities or services that mitigate the impacts of the location of an eligible shelter, including direct services, public safety services, and emergency services, as further defined by rule made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 35A-16-401
• Eligible shelter: means :
       (5)(a) for a first-tier eligible municipality, a homeless shelter that:

            (5)(a)(i) has the capacity to provide temporary shelter to at least 80 individuals per night, as verified by the office;

            (5)(a)(ii) operates year-round; and

            (5)(a)(iii) is not subject to restrictions that limit the hours, days, weeks, or months of operation;
       (5)(b) for a second-tier municipality, a homeless shelter that:

            (5)(b)(i) has the capacity to provide temporary shelter to at least 25 individuals per night, as verified by the office;

            (5)(b)(ii) operates year-round; and

            (5)(b)(iii) is not subject to restrictions that limit the hours, days, weeks, or months of operation; and
       (5)(c) for a third-tier eligible municipality, a homeless shelter that:

            (5)(c)(i)

                 (5)(c)(i)(A) has the capacity to provide temporary shelter to at least 50 individuals per night, as verified by the office; and

                 (5)(c)(i)(B) operates for no less than three months during the period beginning October 1 and ending April 30 of the following year; or

            (5)(c)(ii)

                 (5)(c)(ii)(A) meets the definition of a homeless shelter under Section 35A-16-501; and

                 (5)(c)(ii)(B) contains beds that are utilized as part of a county's winter response plan under Section 35A-16-502. See Utah Code 35A-16-401
• 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.
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• First-tier eligible municipality: means a municipality that:
       (9)(a) is located within a county of the first or second class;
       (9)(b) as determined by the office, has or is proposed to have an eligible shelter within the municipality's geographic boundaries within the following fiscal year;
       (9)(c) due to the location of an eligible shelter within the municipality's geographic boundaries, requires eligible services; and
       (9)(d) is certified as a first-tier eligible municipality in accordance with Section 35A-16-404. See Utah Code 35A-16-102
• 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.
• Government entity: means the state or any county, municipality, special district, special service district, or other political subdivision or administrative unit of the state, a state institution of higher education as defined in Section 53B-2-101, or a local education agency as defined in Section 53G-7-401. See Utah Code 35A-1-102
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grant program: means the COVID-19 Homeless Housing and Services Grant Program established in Section 35A-16-602. See Utah Code 35A-16-601
• 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
• Homeless shelter: means a facility that:
       (9)(a) provides temporary shelter to individuals experiencing homelessness;
       (9)(b) operates year-round; and
       (9)(c) is not subject to restrictions that limit the hours, days, weeks, or months of operation. See Utah Code 35A-16-501
• Homeless shelter: means a facility that provides or is proposed to provide temporary shelter to individuals experiencing homelessness. See Utah Code 35A-16-401
• Homeless shelter: means a facility that provides temporary shelter to individuals experiencing homelessness. See Utah Code 35A-16-701
• House block equivalency file: means the electronic file designated as HB2005_BEF. See Utah Code 36-1-201.1
• House shapefile: means the electronic shapefile that:
       (3)(a) is the resulting projection of the House block equivalency file; and
       (3)(b) stores the boundary of each of the 75 Utah House of Representatives districts. See Utah Code 36-1-201.1
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• Local homeless council: means a local planning body designated by the steering committee to coordinate services for individuals experiencing homelessness within an area of the state. See Utah Code 35A-16-102
• Municipality: means a city or town. See Utah Code 35A-16-401
• Municipality: means a city or town. See Utah Code 35A-16-701
• Municipality: means a city or town. See Utah Code 35A-16-501
• Office: means the Office of Homeless Services. See Utah Code 35A-16-102
• Oversight: Committee review of the activities of a Federal agency or program.
• 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
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• 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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public safety services: means law enforcement, emergency medical services, or fire protection. See Utah Code 35A-16-401
• Quorum: The number of legislators that must be present to do business.
• 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
• Second-tier eligible municipality: means a municipality that:
       (14)(a) is located within a county of the third, fourth, fifth, or sixth class;
       (14)(b) as determined by the office, has or is proposed to have an eligible shelter within the municipality's geographic boundaries within the following fiscal year;
       (14)(c) due to the location of an eligible shelter within the municipality's geographic boundaries, requires eligible services; and
       (14)(d) is certified as a second-tier eligible municipality in accordance with Section 35A-16-404. See Utah Code 35A-16-102
• Senate block equivalency file: means the electronic file designated as SB2006S02_BEF. See Utah Code 36-1-101.1
• Senate shapefile: means the electronic shapefile that:
       (3)(a) is the resulting projection of the Senate block equivalency file; and
       (3)(b) stores the boundary of each of the 29 Utah State Senate districts. See Utah Code 36-1-101.1
• Shapefile: means the digital vector storage format for storing geometric location and associated attribute information. See Utah Code 36-1-101.1
• Shapefile: means the digital vector storage format for storing geometric location and associated attribute information. See Utah Code 36-1-201.1
• 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
• Stabilization: means addressing the basic living, family care, and social or psychological needs of the client so that the client may take advantage of training or employment opportunities provided under this title or through other agencies or institutions. See Utah Code 35A-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
• Statute: A law passed by a legislature.
• Strategic plan: means the statewide strategic plan to minimize homelessness in the state described in Subsection 35A-16-203(1)(c). See Utah Code 35A-16-102
• Subsequent winter response period: means the winter response period that begins on October 15 of the year in which a county winter response task force is required to submit a winter response plan to the office under Section 35A-16-502. See Utah Code 35A-16-501
• Summons: Another word for subpoena used by the criminal justice system.
• Targeted winter response bed count: means the targeted bed count number for an applicable county during the winter response period, as determined jointly by the applicable local homeless council and the office. See Utah Code 35A-16-501
• task force: means a task force described in Section Utah Code 35A-16-501
• Temporary winter response shelter: means a facility that:
       (14)(a) provides temporary emergency shelter to individuals experiencing homelessness during a winter response period; and
       (14)(b) does not operate year-round. See Utah Code 35A-16-501
• Third-tier eligible municipality: means a municipality that:
       (9)(a) as determined by the office, has or is proposed to have an eligible shelter within the municipality's geographic boundaries within the following fiscal year; and
       (9)(b) due to the location of an eligible shelter within the municipality's geographic boundaries, requires eligible services. See Utah Code 35A-16-401
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Validation order: means a court order adjudicating the validity of an eligible function. See Utah Code 17B-1-1201
• Validation petition: means a petition requesting a validation order. See Utah Code 17B-1-1201
• Validation proceedings: means judicial proceedings occurring in district court pursuant to a validation petition. See Utah Code 17B-1-1201
• Winter response period: means the period beginning October 15 and ending April 30 of the following year. See Utah Code 35A-16-501
• Winter response plan: means the plan described in Section 35A-16-502. See Utah Code 35A-16-501
• 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