Terms Used In Utah Code > Title 17D > Chapter 4 - Public Infrastructure District Act

• Account: means the Uninsured Motorist Identification Restricted Account created in Section 41-12a-806. See Utah Code 41-12a-802
• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Advisory council: means an advisory council appointed by the Division of Outdoor Recreation that has within the advisory council's duties advising on policies related to the use of off-highway vehicles. See Utah Code 41-22-2
• 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.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Board: means the board of trustees of a public infrastructure district. See Utah Code 17D-4-102
• Building: means a structure used or intended for supporting or sheltering any use or occupancy and any improvements attached to it. See Utah Code 15A-1-202
• Code: means :
       (5)(a) the State Construction Code; or
       (5)(b) an approved code. See Utah Code 15A-1-202
• Commission: means the Outdoor Adventure Commission. See Utah Code 41-22-2
• Construction code: means standards and specifications published by a nationally recognized code authority for use in circumstances described in Subsection 15A-1-204(1), including:
       (8)(a) a building code;
       (8)(b) an electrical code;
       (8)(c) a residential one and two family dwelling code;
       (8)(d) a plumbing code;
       (8)(e) a mechanical code;
       (8)(f) a fuel gas code;
       (8)(g) an energy conservation code;
       (8)(h) a swimming pool and spa code;
       (8)(i) a manufactured housing installation standard code; and
       (8)(j) Modular Building Institute Standards 1200 and 1205, issued by the International Code Council, except as specifically modified by provisions of this title governing modular units. See Utah Code 15A-1-202
• Construction documents: means the same as that term is defined by Modular Building Institute Standards 1200. See Utah Code 15A-1-302
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Creating entity: means the county, municipality, or development authority that approves the creation of a public infrastructure district. See Utah Code 17D-4-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Database: means the Uninsured Motorist Identification Database created in Section 41-12a-803. See Utah Code 41-12a-802
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Public Safety. See Utah Code 41-12a-103
• Designated agent: means the third party the department contracts with under Section 41-12a-803. See Utah Code 41-12a-802
• Development authority: means :
       (3)(a) the Utah Inland Port Authority created in Section 11-58-201;
       (3)(b) the Point of the Mountain State Land Authority created in Section 11-59-201;
       (3)(c) the Utah Fairpark Area Investment and Restoration District created in Section 11-70-201; or
       (3)(d) the military installation development authority created in Section 63H-1-201. See Utah Code 17D-4-102
• District applicant: means the person proposing the creation of a public infrastructure district. See Utah Code 17D-4-102
• Division: means the Driver License Division created in Section 53-3-103. See Utah Code 41-12a-802
• Division: means a division of a public infrastructure district:
       (5)(a) that is relatively equal in number of eligible voters or potential eligible voters to all other divisions within the public infrastructure district, taking into account existing or potential developments which, when completed, would increase or decrease the population within the public infrastructure district; and
       (5)(b) which a member of the board represents. See Utah Code 17D-4-102
• Division: means the Division of Outdoor Recreation. See Utah Code 41-22-2
• Division: means the Division of Professional Licensing created in Section 58-1-103, except as provided in:
       (2)(a) Part 4, State Fire Code Administration Act; and
       (2)(b) Chapter 5, State Fire Code Act. See Utah Code 15A-1-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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.
• 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.
• 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.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Governing document: means the document governing a public infrastructure district to which the creating entity agrees before the creation of the public infrastructure district, as amended from time to time, and subject to the limitations of Title 17B, Chapter 1, Provisions Applicable to All Special Districts, and this chapter. See Utah Code 17D-4-102
• 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
• 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.
• 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
• HUD Code: means the National Manufactured Housing Construction and Safety Standards Act, Utah Code 15A-1-302
• 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}
• Judgment: means any judgment that is final by:
       (2)(a) expiration without appeal of the time within which an appeal might have been perfected; or
       (2)(b) final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action for damages:

            (2)(b)(i) arising out of the ownership, maintenance, or use of any motor vehicle, including damages for care and loss of services because of bodily injury to or death of any person, or because of injury to or destruction of property including the loss of use of the property; or

            (2)(b)(ii) on a settlement agreement. See Utah Code 41-12a-103
• 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
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Limited tax bond: means a bond:
            (7)(a)(i) that is directly payable from and secured by ad valorem property taxes that are levied:

                 (7)(a)(i)(A) by a public infrastructure district that issues the bond; and

                 (7)(a)(i)(B) on taxable property within the district;
            (7)(a)(ii) that is a general obligation of the public infrastructure district; and
            (7)(a)(iii) for which the ad valorem property tax levy for repayment of the bond does not exceed the property tax levy rate limit established under Section 17D-4-303 for any fiscal year, except as provided in Subsection 17D-4-301(8). See Utah Code 17D-4-102
• Local regulator: means the same as that term is defined in Section 15A-1-202. See Utah Code 15A-1-302
• Manufacturer: means a person engaged in the business of manufacturing off-highway vehicles. See Utah Code 41-22-2
• Manufacturing plant: means the same as that term is defined by Modular Building Institute Standards 1200. See Utah Code 15A-1-302
• modular building unit: means a structure:
       (12)(a) constructed from one or more modules or panelized systems that is manufactured in accordance with the State Construction Code and transported to a location;
       (12)(b) the purpose of which is for human habitation, occupancy, or use; and
       (12)(c) is not a factory-built house, manufactured home, or mobile home. See Utah Code 15A-1-302
• Modular manufacturer: means the entity responsible for manufacturing a panelized system or module. See Utah Code 15A-1-302
• Module: means a three-dimensional, volumetric section of a modular building unit designed and approved to be transported as a single section, independent of other sections, to a location for onsite construction. See Utah Code 15A-1-302
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Motor vehicle: includes a street-legal all-terrain vehicle. See Utah Code 41-12a-802 v2
• Motor vehicle: includes an off-highway vehicle. See Utah Code 41-22-2
• Motor vehicle: means every self-propelled vehicle that is designed for use upon a highway, including trailers and semitrailers designed for use with other motorized vehicles. See Utah Code 41-12a-103
• Motor Vehicle Division: means the Motor Vehicle Division of the State Tax Commission created in Section 41-1a-106. See Utah Code 41-12a-802
• Motorboat: means the same as that term is defined in Section 73-18c-102. See Utah Code 41-12a-103 v2
• Motorcycle: means every motor vehicle having a saddle for the use of the operator and designed to travel on not more than two tires. See Utah Code 41-22-2
• Nonresident: means every person who is not a resident of Utah. See Utah Code 41-12a-103
• 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.
• Off-highway vehicle: means any snowmobile, all-terrain type I vehicle, all-terrain type II vehicle, all-terrain type III vehicle, or motorcycle. See Utah Code 41-22-2
• Offsite construction: means a modular building unit that:
       (14)(a) is designed and constructed in compliance with this part;
       (14)(b) is wholly or in substantial part fabricated in a manufacturing plant for installation at an onsite location; and
       (14)(c) has been manufactured in such a manner that all parts or processes cannot be inspected at the end site location without disassembly, potentially resulting in damage or destruction to the modular building unit. See Utah Code 15A-1-302
• Operator: means every person who is in actual physical control of a motor vehicle. See Utah Code 41-12a-103
• Operator: means the person who is in actual physical control of an off-highway vehicle. See Utah Code 41-22-2
• Owner: means :
       (8)(a) a person who holds legal title to a motor vehicle;
       (8)(b) a lessee in possession;
       (8)(c) a conditional vendee or lessee if a motor vehicle is the subject of a conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession in the conditional vendee or lessee; or
       (8)(d) a mortgagor if a motor vehicle is the subject of a mortgage with the mortgagor entitled to possession. See Utah Code 41-12a-103
• Owner: means a person, other than a person with a security interest, having a property interest or title to an off-highway vehicle and entitled to the use and possession of that vehicle. See Utah Code 41-22-2
• Panelized system: means a closed wall, roof, or floor component that is constructed at a manufacturing plant or by a modular manufacturer in a manner that prevents the construction from being fully inspected at an onsite location without disassembly, damage, or destruction. See Utah Code 15A-1-302
• 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
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Program: means the Uninsured Motorist Identification Database Program created in Section 41-12a-803. See Utah Code 41-12a-802
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public infrastructure and improvements: means :
       (8)(a) the same as that term is defined in Section 11-58-102, for a public infrastructure district created by the Utah Inland Port Authority created in Section 11-58-201;
       (8)(b) the same as that term is defined in Section 11-70-101, for a public infrastructure district created by the Utah Fairpark Area Investment and Restoration District created in Section 11-70-201; and
       (8)(c) the same as that term is defined in Section 63H-1-102, for a public infrastructure district created by the military installation development authority created in Section 63H-1-201. See Utah Code 17D-4-102
• Registration: means the issuance of the certificates and registration plates issued under the laws of Utah pertaining to the registration of motor vehicles. See Utah Code 41-12a-103
• 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.
• 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
• Service of process: The service of writs or summonses to the appropriate party.
• 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.
• Snowmobile: means any motor vehicle designed for travel on snow or ice and steered and supported in whole or in part by skis, belts, cleats, runners, or low pressure tires, and equipped with a saddle or seat for the use of the rider. See Utah Code 41-22-2
• 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 Construction Code: means the State Construction Code adopted by:
       (3)(a) Chapter 2, Adoption of State Construction Code;
       (3)(b) Chapter 2a, Tall Wood Buildings of Mass Timber Construction Incorporated as Part of State Construction Code;
       (3)(c) Chapter 3, Statewide Amendments Incorporated as Part of State Construction Code;
       (3)(d) Chapter 4, Local Amendments Incorporated as Part of State Construction Code; and
       (3)(e) Chapter 6, Additional Construction Requirements. See Utah Code 15A-1-102
• Street-legal all-terrain vehicle: means the same as that term is defined in Section 41-6a-102. See Utah Code 41-12a-802 v2
• Summons: Another word for subpoena used by the criminal justice system.
• Third party inspection agency: means an entity approved by the Division of Facilities Construction and Management to be qualified to inspect a module or panelized system for compliance with the construction documents, compliance control, and applicable code. See Utah Code 15A-1-302
• Third party inspector: means a person who:
       (19)(a) is qualified to inspect a modular building unit for compliance with construction documents, compliance control, and applicable building code;
       (19)(b) works under the direction of a third party inspection agency;
       (19)(c) has been licensed by the division under Section 15A-1-307; and
       (19)(d) is approved by the Division of Facilities Construction and Management to conduct third party inspections, as described in Section 15A-1-307. See Utah Code 15A-1-302
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Utah Code: means the Utah Code Annotated (1953), as amended. See Utah Code 15A-1-102
• Venue: The geographical location in which a case is tried.
• 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