Utah Code > Title 17B > Chapter 2a > Part 6 – Metropolitan Water District Act


§ 17B-2a-601	Title
§ 17B-2a-602	Provisions applicable to metropolitan water districts
§ 17B-2a-603	Additional metropolitan water district powers
§ 17B-2a-604	Metropolitan water district board of trustees
§ 17B-2a-605	Preferential rights of cities
§ 17B-2a-606	Rates, charges, and assessments
§ 17B-2a-607	Contracts with other corporations
§ 17B-2a-608	Limit on property tax authority — Exceptions

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Terms Used In Utah Code > Title 17B > Chapter 2a > Part 6 - Metropolitan Water District Act

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
Agency rule: means the same as the term "rule" is defined in Section 63G-3-101. See Utah Code 36-35-101
Allegation: something that someone says happened.
Alternate means: means a method of filing a legible and complete notice or other document with the registry other than electronically, as established by the division by rule. See Utah Code 38-1a-102
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Anticipated improvement: means an improvement:
(2)(a) for which preconstruction service is performed; and
(2)(b) that is anticipated to follow the performing of preconstruction service. See Utah Code 38-1a-102
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.
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
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.
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.
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
Claimant: means a person entitled to claim a preconstruction or construction lien. See Utah Code 38-1a-102
Clerk of the court: means the state court administrator or his designee. See Utah Code 77-10a-1
Committee: means the Rules Review and General Oversight Committee. See Utah Code 36-35-101
Compensation: means the payment of money for a service rendered or an expense incurred, whether based on:
(6)(a) time and expense, lump sum, stipulated sum, percentage of cost, cost plus fixed or percentage fee, or commission; or
(6)(b) a combination of the bases listed in Subsection (6)(a). See Utah Code 38-1a-102
Construction lien: means a lien under this chapter for construction work. See Utah Code 38-1a-102
Construction project: means an improvement that is constructed pursuant to an original contract. See Utah Code 38-1a-102
Contestable notice: means a notice of preconstruction service under Section 38-1a-401, a preliminary notice under Section 38-1a-501, or a notice of completion under Section 38-1a-506. See Utah Code 38-1a-102
Contesting person: means an owner, original contractor, subcontractor, or other interested person. See Utah Code 38-1a-102
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.
Counterclaim: A claim that a defendant makes against a plaintiff.
Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
Court Rule: means any of the following, whether existing, new, or proposed:
     (3)(a) rules of procedure, evidence, or practice for use of the courts of this state;
     (3)(b) rules governing and managing the appellate process adopted by the Supreme Court; or
     (3)(c) rules adopted by the Judicial Council for the administration of the courts of the state. See Utah Code 36-35-101
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 36-33-101
Designated agent: means the third party the division contracts with as provided in Section 38-1a-202 to create and maintain the registry. See Utah Code 38-1a-102
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 36-33-101
Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 38-1a-102
Entry number: means the reference number that:
(16)(a) the designated agent assigns to each notice or other document filed with the registry; and
(16)(b) is unique for each notice or other document. See Utah Code 38-1a-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.
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
Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Female: means the characteristic of an individual whose biological reproductive system is of the general type that functions in a way that could produce ova. See Utah Code 68-3-12.5
Final completion: means :
     (17)(a) the date of issuance of a permanent certificate of occupancy by the local government entity having jurisdiction over a construction project, if a permanent certificate of occupancy is required;
     (17)(b) the date of the final inspection of construction work by the local government entity having jurisdiction over a construction project, if an inspection is required under a state-adopted building code applicable to the construction work, but no certificate of occupancy is required;
     (17)(c) unless the owner is holding payment to ensure completion of construction work, the date on which there remains no substantial work to be completed to finish the construction work under the original contract, if a certificate of occupancy is not required and a final inspection is not required under an applicable state-adopted building code; or
     (17)(d) the last date on which substantial work was performed under the original contract, if, because the original contract is terminated before completion of the construction work defined by the original contract, the local government entity having jurisdiction over a construction project does not issue a certificate of occupancy or perform a final inspection. See Utah Code 38-1a-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.
Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Guardian: includes a person who:
(14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
(14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
Improvement: means :
(21)(a) a building, infrastructure, utility, or other human-made structure or object constructed on or for and affixed to real property; or
(21)(b) a repair, modification, or alteration of a building, infrastructure, utility, or object referred to in Subsection (21)(a). See Utah Code 38-1a-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.
Interest holder: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11d-101
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}
Interested person: means a person that may be affected by a construction project. See Utah Code 38-1a-102
Judicial council: means the administrative body of the courts, established in Utah Constitution, Article VIII, Section 12, and Section 78A-2-104. See Utah Code 36-35-101
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.
Juror: A person who is on the jury.
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.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Lost or mislaid property: includes a firearm or other dangerous weapon received by a law enforcement agency at an airport under Subsection 76-10-529(6). See Utah Code 77-11d-101
Managing judge: means the supervising judge when he retains authority to manage a grand jury, or the district court judge to whom the supervising judge delegates management of a grand jury. See Utah Code 77-10a-1
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
Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Municipality: means a city or town. See Utah Code 17B-1-102
Notice of commencement: means a notice required under Section 38-1b-201 for a government project as defined in Section 38-1b-102. See Utah Code 38-1a-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.
Original contractor: means a person, including an owner-builder, that contracts with an owner to provide preconstruction service or construction work. See Utah Code 38-1a-102
Oversight: Committee review of the activities of a Federal agency or program.
Owner: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11d-101
Owner: means a person who possesses an interest in a project property and contracts with an original contractor for preconstruction service or construction work. See Utah Code 38-1a-102
Owner-builder: means an owner, including an owner who is also an original contractor, who:
(27)(a) contracts with one or more other persons for preconstruction service or construction work for an improvement on the owner's real property; and
(27)(b) obtains a building permit for the improvement. See Utah Code 38-1a-102
Panel: means the Child Welfare Legislative Oversight Panel created in Section 36-33-102. See Utah Code 36-33-101
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: All property that is not real property.
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
Plaintiff: The person who files the complaint in a civil lawsuit.
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.
Preconstruction lien: means a lien under this chapter for a preconstruction service. See Utah Code 38-1a-102
Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals.
Private project: means a construction project that is not a government project. See Utah Code 38-1a-102
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Project property: means the real property interest on or for which preconstruction service or construction work is or will be provided. See Utah Code 38-1a-102
Property: includes both real and personal property. See Utah Code 68-3-12.5
Proposal for court rule: means the proposed language in a court rule that is submitted to:
     (6)(a) the Judicial Council;
     (6)(b) the advisory committee; or
     (6)(c) the Supreme Court. See Utah Code 36-35-101
Public interest use: means :
(4)(a) use by a governmental agency as determined by the agency's legislative body; or
(4)(b) donation to a nonprofit charity registered with the state. See Utah Code 77-11d-101
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
Registry: means the State Construction Registry under Part 2, State Construction Registry. See Utah Code 38-1a-102
Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
Required notice: means :
     (33)(a) a notice of preconstruction service under Section 38-1a-401;
     (33)(b) a preliminary notice under Section 38-1a-501 or Section 38-1b-202;
     (33)(c) a notice of commencement;
     (33)(d) a notice of construction loan under Section 38-1a-601;
     (33)(e) a notice under Section 38-1a-602 concerning a construction loan default;
     (33)(f) a notice of intent to obtain final completion under Section 38-1a-506; or
     (33)(g) a notice of completion under Section 38-1a-507. See Utah Code 38-1a-102
Rule: means an agency rule or a court rule. See Utah Code 36-35-101
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
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
Statute: A law passed by a legislature.
Subcontractor: means a person that contracts to provide preconstruction service or construction work to:
(34)(a) a person other than the owner; or
(34)(b) the owner, if the owner is an owner-builder. See Utah Code 38-1a-102
Subject: means a person whose conduct is within the scope of the grand jury's investigation, and that conduct exposes the person to possible criminal prosecution. See Utah Code 77-10a-1
Subpoena: A command to a witness to appear and give testimony.
Summons: Another word for subpoena used by the criminal justice system.
Supervising judge: means the district court judge appointed by the presiding officer to supervise the five-judge grand jury panel. See Utah Code 77-10a-1
Swear: includes "affirm. See Utah Code 68-3-12.5
Target: means a person regarding whom the attorney for the state, the special prosecutor, or the grand jury has substantial evidence that links that person to the commission of a crime and who could be indicted or charged with that crime. See Utah Code 77-10a-1
Testify: Answer questions in court.
Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trustee: A person or institution holding and administering property in trust.
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
Venue: The geographical location in which a case is tried.
Verdict: The decision of a petit jury or a judge.
Victim advocate: work with prosecutors and assist the victims of a crime.
Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
Witness: means a person who appears before the grand jury either voluntarily or pursuant to subpoena for the purpose of providing testimony or evidence for the grand jury's use in discharging its responsibilities. See Utah Code 77-10a-1
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