Terms Used In Utah Code > Title 17B > Chapter 1 > Part 13 - Dissolution of a Special District

• 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
• Aggregate daily expenditures: means :
       (1)(a) for a single lobbyist, principal, or government officer, the total of all expenditures made within a calendar day by the lobbyist, principal, or government officer for the benefit of an individual public official;
       (1)(b) for an expenditure made by a member of a lobbyist group, the total of all expenditures made within a calendar day by every member of the lobbyist group for the benefit of an individual public official; or
       (1)(c) for a multiclient lobbyist, the total of all expenditures made by the multiclient lobbyist within a calendar day for the benefit of an individual public official, regardless of whether the expenditures were attributed to different clients. See Utah Code 36-11-102
• 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.
• 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.
• 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
• Approved activity: means an event, a tour, or a meeting:
       (2)(a)

            (2)(a)(i) to which a legislator or another nonexecutive branch public official is invited; and

            (2)(a)(ii) attendance at which is approved by:

                 (2)(a)(ii)(A) the speaker of the House of Representatives, if the public official is a member of the House of Representatives or another nonexecutive branch public official; or

                 (2)(a)(ii)(B) the president of the Senate, if the public official is a member of the Senate or another nonexecutive branch public official; or
       (2)(b)

            (2)(b)(i) to which a public official who holds a position in the executive branch of state government is invited; and

            (2)(b)(ii) attendance at which is approved by the governor or the lieutenant governor. See Utah Code 36-11-102
• 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.
• 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 of education: means :
       (3)(a) a local school board described in Title 53G, Chapter 4, School Districts;
       (3)(b) the State Board of Education;
       (3)(c) the State Charter School Board created under Section 53G-5-201; or
       (3)(d) a charter school governing board described in Title 53G, Chapter 5, Charter Schools. See Utah Code 36-11-102
• Capitol hill complex: means capitol hill, as defined in Section 63O-1-101. See Utah Code 36-11-102
• Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Compensation: includes :
            (5)(b)(i) a salary or commission;
            (5)(b)(ii) a bonus;
            (5)(b)(iii) a benefit;
            (5)(b)(iv) a contribution to a retirement program or account;
            (5)(b)(v) a payment includable in gross income, as defined in Section 62, Internal Revenue Code, and subject to social security deductions, including a payment in excess of the maximum amount subject to deduction under social security law;
            (5)(b)(vi) an amount that the individual authorizes to be deducted or reduced for salary deferral or other benefits authorized by federal law; or
            (5)(b)(vii) income based on an individual's ownership interest. See Utah Code 36-11-102
• Compensation payor: means a person who pays compensation to a public official in the ordinary course of business:
       (6)(a) because of the public official's ownership interest in the compensation payor; or
       (6)(b) for services rendered by the public official on behalf of the compensation payor. See Utah Code 36-11-102
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Education action: means :
       (7)(a) a resolution, policy, or other official action for consideration by a board of education;
       (7)(b) a nomination or appointment by an education official or a board of education;
       (7)(c) a vote on an administrative action taken by a vote of a board of education;
       (7)(d) an adjudicative proceeding over which an education official has direct or indirect control;
       (7)(e) a purchasing or contracting decision;
       (7)(f) drafting or making a policy, resolution, or rule;
       (7)(g) determining a rate or fee; or
       (7)(h) making an adjudicative decision. See Utah Code 36-11-102
• Education official: means :
       (8)(a) a member of a board of education;
       (8)(b) an individual appointed to or employed in a position under a board of education, if that individual:

            (8)(b)(i) occupies a policymaking position or makes purchasing or contracting decisions;

            (8)(b)(ii) drafts resolutions or policies or drafts or makes rules;

            (8)(b)(iii) determines rates or fees;

            (8)(b)(iv) makes decisions relating to an education budget or the expenditure of public money; or

            (8)(b)(v) makes adjudicative decisions; or
       (8)(c) an immediate family member of an individual described in Subsection (8)(a) or (b). See Utah Code 36-11-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Event: means entertainment, a performance, a contest, or a recreational activity that an individual participates in or is a spectator at, including a sporting event, an artistic event, a play, a movie, dancing, or singing. See Utah Code 36-11-102
• 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.
• Executive action: means :
       (10)(a) a nomination or appointment by the governor;
       (10)(b) the proposal, drafting, amendment, enactment, or defeat by a state agency of a rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
       (10)(c) agency ratemaking proceedings; or
       (10)(d) an adjudicative proceeding of a state agency. See Utah Code 36-11-102
• Expenditure: means any of the items listed in this Subsection (11)(a) when given to or for the benefit of a public official unless consideration of equal or greater value is received:
            (11)(a)(i) a purchase, payment, or distribution;
            (11)(a)(ii) a loan, gift, or advance;
            (11)(a)(iii) a deposit, subscription, or forbearance;
            (11)(a)(iv) services or goods;
            (11)(a)(v) money;
            (11)(a)(vi) real property;
            (11)(a)(vii) a ticket or admission to an event; or
            (11)(a)(viii) a contract, promise, or agreement, whether or not legally enforceable, to provide any item listed in Subsections (11)(a)(i) through (vii). See Utah Code 36-11-102
• Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
• 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.
• Food reimbursement rate: means the total amount set by the director of the Division of Finance, by rule, under Section 63A-3-107, for in-state meal reimbursement, for an employee of the executive branch, for an entire day. See Utah Code 36-11-102
• Forbearance: A means of handling a delinquent loan. A
• Foreign agent: means an individual who engages in lobbying under contract with a foreign government. See Utah Code 36-11-102
• Foreign government: means a government other than the government of:
       (14)(a) the United States;
       (14)(b) a state within the United States;
       (14)(c) a territory or possession of the United States; or
       (14)(d) a political subdivision of the United States. See Utah Code 36-11-102
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Government officer: means :
            (15)(a)(i) an individual elected to a position in state or local government, when acting in the capacity of the state or local government position;
            (15)(a)(ii) an individual elected to a board of education, when acting in the capacity of a member of a board of education;
            (15)(a)(iii) an individual appointed to fill a vacancy in a position described in Subsection (15)(a)(i) or (ii), when acting in the capacity of the position; or
            (15)(a)(iv) an individual appointed to or employed in a full-time position by state government, local government, or a board of education, when acting in the capacity of the individual's appointment or employment. See Utah Code 36-11-102
• 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
• Immediate family: means :
       (16)(a) a spouse;
       (16)(b) a child residing in the household; or
       (16)(c) an individual claimed as a dependent for tax purposes. See Utah Code 36-11-102
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• 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
• Legislative action: means :
       (17)(a) a bill, resolution, amendment, nomination, veto override, or other matter pending or proposed in either house of the Legislature or its committees or requested by a legislator; and
       (17)(b) the action of the governor in approving or vetoing legislation. See Utah Code 36-11-102
• Lobbying: means communicating with a public official for the purpose of influencing a legislative action, executive action, local action, or education action. See Utah Code 36-11-102
• Lobbyist: means :
            (19)(a)(i) an individual who is employed by a principal; or
            (19)(a)(ii) an individual who contracts for economic consideration, other than reimbursement for reasonable travel expenses, with a principal to lobby a public official. See Utah Code 36-11-102
• Lobbyist group: means two or more lobbyists, principals, government officers, or any combination of lobbyists, principals, and government officers, who each contribute a portion of an expenditure made to benefit a public official or member of the public official's immediate family. See Utah Code 36-11-102
• Local action: means :
       (21)(a) an ordinance or resolution for consideration by a local government;
       (21)(b) a nomination or appointment by a local official or a local government;
       (21)(c) a vote on an administrative action taken by a vote of a local government's legislative body;
       (21)(d) an adjudicative proceeding over which a local official has direct or indirect control;
       (21)(e) a purchasing or contracting decision;
       (21)(f) drafting or making a policy, resolution, or rule;
       (21)(g) determining a rate or fee; or
       (21)(h) making an adjudicative decision. See Utah Code 36-11-102
• Local government: means :
       (22)(a) a county, city, or town;
       (22)(b) a special district governed by Title 17B, Limited Purpose Local Government Entities - Special Districts;
       (22)(c) a special service district governed by Title 17D, Chapter 1, Special Service District Act;
       (22)(d) a community reinvestment agency governed by Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act;
       (22)(e) a conservation district governed by Title 17D, Chapter 3, Conservation District Act;
       (22)(f) a redevelopment agency; or
       (22)(g) an interlocal entity or a joint cooperative undertaking governed by Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 36-11-102
• Local official: means :
       (23)(a) an elected member of a local government;
       (23)(b) an individual appointed to or employed in a position in a local government if that individual:

            (23)(b)(i) occupies a policymaking position or makes purchasing or contracting decisions;

            (23)(b)(ii) drafts ordinances or resolutions or drafts or makes rules;

            (23)(b)(iii) determines rates or fees; or

            (23)(b)(iv) makes adjudicative decisions; or
       (23)(c) an immediate family member of an individual described in Subsection (23)(a) or (b). See Utah Code 36-11-102
• Meeting: means a gathering of people to discuss an issue, receive instruction, or make a decision, including a conference, seminar, or summit. See Utah Code 36-11-102
• Multiclient lobbyist: means a single lobbyist, principal, or government officer who represents two or more clients and divides the aggregate daily expenditure made to benefit a public official or member of the public official's immediate family between two or more of those clients. See Utah Code 36-11-102
• Municipal: means of or relating to a municipality. See Utah Code 17B-1-102
• Municipality: means a city or town. See Utah Code 17B-1-102
• 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
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Principal: means a person that employs an individual to perform lobbying, either as an employee or as an independent contractor. See Utah Code 36-11-102
• 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
• Public official: means :
       (27)(a)

            (27)(a)(i) a member of the Legislature;

            (27)(a)(ii) an individual elected to a position in the executive branch of state government; or

            (27)(a)(iii) an individual appointed to or employed in a position in the executive or legislative branch of state government if that individual:

                 (27)(a)(iii)(A) occupies a policymaking position or makes purchasing or contracting decisions;

                 (27)(a)(iii)(B) drafts legislation or makes rules;

                 (27)(a)(iii)(C) determines rates or fees; or

                 (27)(a)(iii)(D) makes adjudicative decisions;
       (27)(b) an immediate family member of a person described in Subsection (27)(a);
       (27)(c) a local official; or
       (27)(d) an education official. See Utah Code 36-11-102
• Public official type: means a notation to identify whether a public official is:
       (28)(a)

            (28)(a)(i) a member of the Legislature;

            (28)(a)(ii) an individual elected to a position in the executive branch of state government;

            (28)(a)(iii) an individual appointed to or employed in a position in the legislative branch of state government who meets the definition of public official under Subsection (27)(a)(iii);

            (28)(a)(iv) an individual appointed to or employed in a position in the executive branch of state government who meets the definition of public official under Subsection (27)(a)(iii);

            (28)(a)(v) a local official, including a description of the type of local government for which the individual is a local official; or

            (28)(a)(vi) an education official, including a description of the type of board of education for which the individual is an education official; or
       (28)(b) an immediate family member of an individual described in Subsection (27)(a), (c), or (d). See Utah Code 36-11-102
• Quarterly reporting period: means the three-month period covered by each financial report required under Subsection 36-11-201(2)(a). See Utah Code 36-11-102
• Quorum: The number of legislators that must be present to do business.
• 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.
• Related person: means a person, agent, or employee who knowingly and intentionally assists a lobbyist, principal, or government officer in lobbying. See Utah Code 36-11-102
• Relative: means :
       (31)(a) a spouse;
       (31)(b) a child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin; or
       (31)(c) a spouse of an individual described in Subsection (31)(b). See Utah Code 36-11-102
• 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 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
• 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
• Tour: means visiting a location, for a purpose relating to the duties of a public official, and not primarily for entertainment, including:
       (32)(a) viewing a facility;
       (32)(b) viewing the sight of a natural disaster; or
       (32)(c) assessing a circumstance in relation to which a public official may need to take action within the scope of the public official's duties. See Utah Code 36-11-102
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• 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
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• 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