Terms Used In Utah Code > Title 17B > Chapter 1 > Part 2 - Creation 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
• Adverse action: means to discharge, threaten, or otherwise discriminate against an employee in any manner that affects the employee's employment, including compensation, terms, conditions, location, rights, immunities, promotions, or privileges. See Utah Code 34-48-102
• Agreement: means a short-term agreement or a long-term agreement. See Utah Code 73-10d-3
• Applicable area: means :
       (1)(a) for a county, the unincorporated area of the county that is included within the proposed special district; or
       (1)(b) for a municipality, the area of the municipality that is included within the proposed special district. See Utah Code 17B-1-201
• Applicant: means an individual that provides information to an employer for the purpose of obtaining employment. See Utah Code 34-46-102
• 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
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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
• Broadcasting company: means a person engaged in the business of:
       (2)(a) distributing or transmitting electronic or electromagnetic signals to the general public using one or more of the following:

            (2)(a)(i) television;

            (2)(a)(ii) cable; or

            (2)(a)(iii) radio; or
       (2)(b) preparing, developing, or creating one or more programs or messages for distribution or transmission by means described in Subsection (2)(a). See Utah Code 34-51-102
• Broadcasting employee: means an employee of a broadcasting company. See Utah Code 34-51-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commission: means the Labor Commission. See Utah Code 34-47-102
• Commissioner: means the commissioner of the Labor Commission. See Utah Code 34-47-102
• 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.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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 Worker Classification Coordinated Enforcement Council created in Section 34-47-201. See Utah Code 34-47-102
• 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
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the Department of Veterans and Military Affairs, created in Section 71A-1-201. See Utah Code 34-50-102
• Dependent: A person dependent for support upon another.
• Discharge document: means a document received by a service member upon separation from military service, including:
       (2)(a) a DD 214, United States Department of Defense Certificate of Release or Discharge from Active Duty;
       (2)(b) a DD 256, United States Department of Defense Honorable Discharge Certificate;
       (2)(c) a DD 257, United States General Discharge Certificate; or
       (2)(d) an NGB 22, Utah National Guard Certificate of Release or Discharge. See Utah Code 34-50-102
• Division: means the Division of Water Resources. See Utah Code 73-10f-1
• Division: means the Labor Commission's Division of Antidiscrimination and Labor. See Utah Code 34-46-102
• Employer: means a person employing 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year. See Utah Code 34-46-102
• Employer: means a person, including the state or a political subdivision of the state, that has one or more workers or operators employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written. See Utah Code 34-48-102
• Employment selection process: means the process by which an employer selects an individual to be an employee for the employer. See Utah Code 34-46-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Ex officio: Literally, by virtue of one's office.
• Exempt broadcasting employee: means a broadcasting employee who is compensated on a salary basis, as defined in Utah Code 34-51-102
• 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
• Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. ^{Source: OCC}
• 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 body: means the body in which the general legislative powers of a municipality or county are vested. See Utah Code 73-10d-3
• Governing body: means :
       (2)(a) for a county or municipality, the legislative body of the county or municipality; and
       (2)(b) for a special district, the board of trustees of the special district. See Utah Code 17B-1-201
• Groundwater right owner petition: means a petition under Subsection 17B-1-203(1)(c). See Utah Code 17B-1-201
• Groundwater right owner request: means a request under Section 17B-1-204 that is signed by owners of water rights as provided in Subsection 17B-1-204(2)(b)(ii). See Utah Code 17B-1-201
• 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
• Initial selection process: means the receipt of information in a record from an applicant that the employer uses to determine whether the applicant will be considered for a second review for the position for which the applicant is applying. See Utah Code 34-46-102
• Initiating special district: means a special district that adopts a resolution proposing the creation of a special district under Subsection 17B-1-203(1)(f). See Utah Code 17B-1-201
• 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
• Law enforcement agency: is a s defined in Section 53-1-102. See Utah Code 34-48-102
• 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}
• 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
• Man: means an adult human male. See Utah Code 68-3-12.5
• Member agency: means an agency that is represented on the council. See Utah Code 34-47-102
• Misclassification: means to classify an individual as something other than an employee, if under the relevant law the individual is required to be classified as an employee. See Utah Code 34-47-102
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• 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.
• 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
• Petition: means a petition under Subsection 17B-1-203(1)(a), (b), (c), or (d). See Utah Code 17B-1-201
• 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
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Preference eligible: means the same as that term is defined in Section 71A-2-101. See Utah Code 34-50-102
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Private employer: means the same as that term is defined in Section 63G-12-102. See Utah Code 34-50-102
• 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
• Property owner request: means a request under Section 17B-1-204 that is signed by owners of real property as provided in Subsection 17B-1-204(2)(b)(i). See Utah Code 17B-1-201
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public employee: means a person:
       (1)(a) employed by a public employer; and
       (1)(b) who is breastfeeding. See Utah Code 34-49-102
• Public employer: means the following entities:
       (2)(a) a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of the executive branch of state government;
       (2)(b) a municipality;
       (2)(c) a county;
       (2)(d) a school district; or
       (2)(e) an institution of higher education as described in Section 53B-2-101. See Utah Code 34-49-102
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• 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
• Record: means information that is:
       (6)(a) inscribed on a tangible medium; or
       (6)(b)

            (6)(b)(i) received or stored in an electronic or other medium; and

            (6)(b)(ii) retrievable in perceivable form. See Utah Code 34-46-102
• Registered voter petition: means a petition under Subsection 17B-1-203(1)(b). See Utah Code 17B-1-201
• Registered voter request: means a request under Section 17B-1-204 that is signed by registered voters as provided in Subsection 17B-1-204(2)(b)(iii). See Utah Code 17B-1-201
• Request: means a request as described in Section 17B-1-204. See Utah Code 17B-1-201
• Responsible body: means the governing body of:
       (12)(a) the municipality in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single municipality;
       (12)(b) the county in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single county and all or part of the proposed special district is located within:

            (12)(b)(i) the unincorporated part of the county; or

            (12)(b)(ii) more than one municipality within the county;
       (12)(c) if the petition or resolution proposes the creation of a special district located within more than one county, the county whose boundaries include more of the area of the proposed special district than is included within the boundaries of any other county; or
       (12)(d) the initiating special district, if a resolution proposing the creation of a special district is adopted under Subsection 17B-1-203(1)(f). See Utah Code 17B-1-201
• Responsible clerk: means :
       (13)(a) except as provided in Subsection (13)(b), the clerk of the county or the clerk or recorder of the municipality whose legislative body is the responsible body; or
       (13)(b) for the proposed creation of an infrastructure financing district, the clerk of the county in which the majority of the acreage within the boundary of the proposed infrastructure financing district is located. See Utah Code 17B-1-201
• 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
• Sale of a business: means a transfer of the ownership by sale, acquisition, merger, or other method of the tangible or intangible assets of a business entity, or a division or segment of the business entity. See Utah Code 34-51-102
• 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
• Service member: means a currently serving member of the armed forces. See Utah Code 34-50-102
• 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.
• 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
• 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
• 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
• Task force: means the Joint Gubernatorial/Legislative Task Force on the Bear River created in Laws of Utah 1989, Chapter 158. See Utah Code 73-10f-1
• 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
• Veteran: means the same as that term is defined in Section Utah Code 34-50-102
• 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