Utah Code > Title 9 > Chapter 9 – Utah Division of Indian Affairs Act

		Sections
Part 1	Division of Indian Affairs	9-9-101 – 9-9-113
Part 2	State and Tribal Jurisdiction	9-9-201 – 9-9-214
Part 4	Native American Grave Protection and Repatriation Act	9-9-401 – 9-9-408

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Terms Used In Utah Code > Title 9 > Chapter 9 - Utah Division of Indian Affairs Act

Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Advance refunding bonds: means refunding bonds issued for the purpose of refunding outstanding bonds in advance of their maturity. See Utah Code 11-27-2
Affected entity: means :
          (1)(a)(i) a county of the first or second class in whose unincorporated area the area proposed for annexation is located;
          (1)(a)(ii) a county of the third, fourth, fifth, or sixth class in whose unincorporated area the area proposed for annexation is located, if the area includes residents or commercial or industrial development;
          (1)(a)(iii) a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or special service district under Title 17D, Chapter 1, Special Service District Act, whose boundary includes any part of an area proposed for annexation;
          (1)(a)(iv) a school district whose boundary includes any part of an area proposed for annexation, if the boundary is proposed to be adjusted as a result of the annexation; and
          (1)(a)(v) a municipality whose boundaries are within 1/2 mile of an area proposed for annexation. See Utah Code 10-2-401
Affordable housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income of the applicable municipal or county statistical area for households of the same size. See Utah Code 10-2a-501
Agency: means a community reinvestment agency functioning pursuant to Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act. See Utah Code 11-25-3
Agency: means a department, division, office, bureau, board, commission, or other administrative unit of the state. See Utah Code 9-8a-302
Agreement: means an oral or written agreement between a public entity and a person. See Utah Code 11-41-102
Allegation: something that someone says happened.
Ancient human remains: means all or part of the following that are historic or prehistoric:
(2)(a) a physical individual; and
(2)(b) any object on or attached to the physical individual that is placed on or attached to the physical individual as part of the death rite or ceremony of a culture. See Utah Code 9-8a-302
Annexation petition: means a petition under Section 10-2-403 proposing the annexation to a municipality of a contiguous, unincorporated area that is contiguous to the municipality. See Utah Code 10-2-401
Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
Antiquities Section: means the Antiquities Section of the office created in Section 9-8a-304. See Utah Code 9-8a-302
Antiquities Section: means the Antiquities Section of the State Historic Preservation Office. See Utah Code 9-9-402
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.
Applicant: means a person who seeks employment with a public water utility, either as an employee or as an independent contractor, and who, after employment, would, in the judgment of the public water utility, be in a position to affect the safety or security of the publicly owned treatment works or public water system or to affect the safety or well-being of patrons of the public water utility. See Utah Code 11-40-101
Appointed officer: includes an individual serving on a special, regular, or full-time committee, agency, or board, regardless of whether the individual is compensated for the individual's services. See Utah Code 10-3-1303
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
Archaeological resources: means all material remains and their associations, recoverable or discoverable through excavation or survey, that provide information pertaining to the historic or prehistoric peoples of the state. See Utah Code 9-8a-302
Arrest: Taking physical custody of a person by lawful authority.
Assessment: means the assessment that a specified county levies on benefitted properties under this chapter to pay for beneficial activities. See Utah Code 11-42b-101
Assessment area: means a convention and tourism business assessment area designated under this chapter. See Utah Code 11-42b-101
Assessments: means a special tax levied against property within a special improvement district to pay all or a portion of the costs of making improvements in the district. See Utah Code 11-27-2
Assignment agreement: means the agreement, security agreement, indenture, or other documentation by which the county transfers the delinquent tax receivables to the authority in consideration of the amounts paid by the authority under the assignment agreement, as provided in this chapter. See Utah Code 11-32-2
Assist: means to act, or offer or agree to act, in such a way as to help, represent, aid, advise, furnish information to, or otherwise provide assistance to a person or business entity, believing that such action is of help, aid, advice, or assistance to such person or business entity and with the intent to assist such person or business entity. See Utah Code 10-3-1303
Attorney general: means the attorney general of the state or one of his assistants. See Utah Code 11-30-2
authority: means a nonprofit corporation organized under this chapter by a county on behalf of the participant members within the county as the financing authority for the participant members solely for the purpose of financing the assignment of the delinquent tax receivables of the participant members for which it was created. See Utah Code 11-32-2
Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
Beneficial activity: includes an activity to:
          (3)(b)(i) promote tourism;
          (3)(b)(ii) sponsor or incentivize a cultural or sports event, festival, conference, or convention;
          (3)(b)(iii) facilitate economic or workforce development for the lodging industry, including workforce recruitment or retention; or
          (3)(b)(iv) promote placemaking, visitor management, or destination enhancement. See Utah Code 11-42b-101
Benefitted property: means a lodging establishment that directly or indirectly benefits from a beneficial activity. See Utah Code 11-42b-101
Bid limit: means :
     (1)(a) for a building improvement:
          (1)(a)(i) for the year 2003, $40,000; and
          (1)(a)(ii) for each year after 2003, the amount of the bid limit for the previous year, plus an amount calculated by multiplying the amount of the bid limit for the previous year by the lesser of 3% or the actual percent change in the Consumer Price Index during the previous calendar year; and
     (1)(b) for a public works project:
          (1)(b)(i) for the year 2003, $125,000; and
          (1)(b)(ii) for each year after 2003, the amount of the bid limit for the previous year, plus an amount calculated by multiplying the amount of the bid limit for the previous year by the lesser of 3% or the actual percent change in the Consumer Price Index during the previous calendar year. See Utah Code 11-39-101
Board: means the Utah Board of Higher Education described in Section 53B-1-402. See Utah Code 53B-1-101.5
Bond: means any revenue bond, general obligation bond, tax increment bond, special improvement bond, local building authority bond, or refunding bond. See Utah Code 11-27-2
Bonds: means bonds, notes, or other evidences of indebtedness. See Utah Code 11-17-2
Bonds: means any evidence or contract of indebtedness that is issued or authorized by a public body, including, without limitation, bonds, refunding bonds, advance refunding bonds, bond anticipation notes, tax anticipation notes, notes, certificates of indebtedness, warrants, commercial paper, contracts, and leases, whether they are general obligations of the issuing public body or are payable solely from a specified source, including annual appropriations by the public body. See Utah Code 11-30-2
Bonds: means any evidence or contract of indebtedness that is issued or authorized by a public body, including, without limitation, bonds, refunding bonds, advance refunding bonds, bond anticipation notes, tax anticipation notes, notes, certificates of indebtedness, warrants, commercial paper, contracts, and leases, whether they are general obligations of the issuing public body or are payable solely from a specified source, including annual appropriations by the public body. See Utah Code 11-31-2
Bonds: means any bonds, notes, or other evidence of indebtedness of the financing authority issued under this chapter. See Utah Code 11-32-2
Bonds: means any evidence or contract of indebtedness that is issued or authorized by a public body, including, without limitation, bonds, refunding bonds, advance refunding bonds, bond anticipation notes, tax anticipation notes, notes, certificates of indebtedness, warrants, commercial paper, contracts, and leases, whether they are general obligations of the issuing public body or are payable solely from a specified source, including annual appropriations by the public body. See Utah Code 11-34-1
bound: means securing more than one piece of paper together using staples or another means in at least three places across the top of the paper in the blank space reserved for securing the paper. See Utah Code 20A-1-102
Budget: means a plan of financial operations for a fiscal period which embodies estimates of proposed expenditures for given purposes and the proposed means of financing them. See Utah Code 10-6-106
Budget officer: means the city auditor in a city of the first and second class, the mayor or some person appointed by the mayor with the approval of the city council in a city of the third, fourth, or fifth class, the mayor in the council-mayor optional form of government, or the person designated by the charter in a charter city. See Utah Code 10-6-106
Budget period: means the fiscal period for which a budget is prepared. See Utah Code 10-6-106
Business entity: means a sole proprietorship, partnership, limited partnership, limited liability company, corporation, or other entity or association used to carry on a business for profit. See Utah Code 11-41-102
Business entity: means a sole proprietorship, partnership, association, joint venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on a business. See Utah Code 10-3-1303
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.
Center: means the National Main Street Center. See Utah Code 9-24-101
Check: means an order in a specific amount drawn upon a depository by an authorized officer of a city. See Utah Code 10-6-106
Citizen participation: means action by the agency to provide persons who will be affected by residential rehabilitation financed under the provisions of this part with opportunities to be involved in planning and carrying out the residential rehabilitation program. See Utah Code 11-25-3
City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
City general fund: means the general fund used by a city. See Utah Code 10-6-106
Clean energy system: means a product, system, device, or interacting group of devices that is permanently affixed to real property and that produces energy from clean resources, including:
     (2)(a) a photovoltaic system;
     (2)(b) a solar thermal system;
     (2)(c) a wind system;
     (2)(d) a geothermal system, including:
          (2)(d)(i) a direct-use system; or
          (2)(d)(ii) a ground source heat pump system;
     (2)(e) a micro-hydro system;
     (2)(f) nuclear fuel;
     (2)(g) carbon capture utilization and sequestration; or
     (2)(h) another clean energy system approved by the governing body. See Utah Code 11-17-2
Collection: means a specimen and the associated records documenting the specimen and the specimen's recovery. See Utah Code 9-8a-302
Commission: means the State Tax Commission. See Utah Code 10-1-303
Commission: means the State Tax Commission. See Utah Code 10-1-402
Commission: means a boundary commission established under Section 10-2-409 for the county in which the property that is proposed for annexation is located. See Utah Code 10-2-401
Community council area: means the cumulative areas within the geographic boundary of a community council that is formally recognized by a county of the first class pursuant to county ordinance. See Utah Code 10-2a-102
Community council municipality: means a municipality that results from the incorporation of unincorporated islands within a community council area. See Utah Code 10-2a-102
Compensation: means anything of economic value, however designated, which is paid, loaned, granted, given, donated, or transferred to a person or business entity by anyone other than the governmental employer for or in consideration of personal services, materials, property, or any other thing whatsoever. See Utah Code 10-3-1303
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Consumer Price Index: means the Consumer Price Index for All Urban Consumers as published by the Bureau of Labor Statistics of the United States Department of Labor. See Utah Code 11-39-101
Contact sponsor: means the person designated in the feasibility request as the contact sponsor under Subsection 10-2a-202(3)(b). See Utah Code 10-2a-102
Contiguous: means :
(2)(a) if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and
(2)(b) if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104
Contiguous: means , except as provided in Subsection (1)(d)(ii), the same as that term is defined in Section 10-1-104. See Utah Code 10-2a-102
Contiguous: means the same as that term is defined in Section 10-2a-102. See Utah Code 10-2a-501
Continuance: Putting off of a hearing ot trial until a later time.
Contract: A legal written agreement that becomes binding when signed.
Contractual franchise fee: means :
     (2)(a) a fee:
          (2)(a)(i) provided for in a franchise agreement; and
          (2)(a)(ii) that is consideration for the franchise agreement; or
     (2)(b)
          (2)(b)(i) a fee similar to Subsection (2)(a); or
          (2)(b)(ii) any combination of Subsections (2)(a) and (b). See Utah Code 10-1-303
Controlling interest: means that one or more governmental entities collectively represent a majority of the board's voting power as outlined in the nonprofit corporation's governing documents. See Utah Code 11-13a-102
Cost of attendance: includes tuition, costs payable to the eligible institution, and other direct educational expenses related to taking an online course. See Utah Code 53B-13c-101
Council-mayor form of government: means the form of municipal government that:
     (1)(a)
          (1)(a)(i) is provided for in Laws of Utah 1977, Chapter 48;
          (1)(a)(ii) may not be adopted without voter approval; and
          (1)(a)(iii) consists of two separate, independent, and equal branches of municipal government; and
     (1)(b) on and after May 5, 2008, is described in Part 2, Council-Mayor Form of Municipal Government. See Utah Code 10-3b-102
County attorney: means the county attorney of a county or one of his assistants. See Utah Code 11-30-2
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
Cultural affiliation: means that there is a relationship of shared group identity that can be reasonably traced historically or prehistorically between a present day Indian tribe and an identifiable earlier group. See Utah Code 9-9-402
Curation: means management and care of collections according to standard professional museum practice, which may include inventorying, accessioning, labeling, cataloging, identifying, evaluating, documenting, storing, maintaining, periodically inspecting, cleaning, stabilizing, conserving, exhibiting, exchanging, or otherwise disposing of original collections or reproductions, and providing access to and facilities for studying collections. See Utah Code 9-8a-302
Curation facility: means the same as that term is defined in Section 53B-17-603. See Utah Code 9-8a-302
customer: means the person who is obligated under a contract with a telecommunications provider to pay for telecommunications service received under the contract. See Utah Code 10-1-402
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
De minimis amount: means an amount of taxable energy that does not exceed the greater of:
(4)(a) 5% of the energy supplier's estimated total Utah gross receipts from sales of property or services; or
(4)(b) $10,000. See Utah Code 10-1-303
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.
Delinquent tax receivables: means those ad valorem tangible property taxes levied within any county, for any year, which remain unpaid and owing the participant members within the county, as of January 15 of the following year, plus any interest and penalties accruing or assessed to them. See Utah Code 11-32-2
Delivered value: means the fair market value of the taxable energy delivered for sale or use in the municipality and includes:
(3)(a)(i) the value of the energy itself; and
(3)(a)(ii) any transportation, freight, customer demand charges, services charges, or other costs typically incurred in providing taxable energy in usable form to each class of customer in the municipality. See Utah Code 10-1-303
Department: means any functional unit within a fund that carries on a specific activity, such as a fire or police department within a city general fund. See Utah Code 10-6-106
Department: means the Department of Cultural and Community Engagement. See Utah Code 9-1-102
Dependent: A person dependent for support upon another.
Design-build project: means a building improvement or public works project for which both the design and construction are provided for in a single contract with a contractor or combination of contractors capable of providing design-build services. See Utah Code 11-39-101
Design-build services: means the engineering, architectural, and other services necessary to formulate and implement a design-build project, including the actual construction of the project. See Utah Code 11-39-101
Determination of violation: means a determination by the Governor's Office of Economic Opportunity of substantial likelihood that a retail facility incentive payment has been made in violation of Section 11-41-103, in accordance with Section 11-41-104. See Utah Code 11-41-102
Devise: To gift property by will.
Director: means the director of the Division of Indian Affairs. See Utah Code 9-9-402
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:
Disposable earnings: means the part of an employee's earnings remaining after the deduction of all amounts required by law to be withheld. See Utah Code 53B-15-101
Division: means the Criminal Investigation and Technical Services Division of the Department of Public Safety, established in Section 53-10-103. See Utah Code 11-40-101
division: means the Utah Division of Indian Affairs created in Section 9-9-102. See Utah Code 9-9-101
division: means the Utah Division of Indian Affairs created in Section 9-9-102. See Utah Code 9-9-101
Division: means the Division of Indian Affairs. See Utah Code 9-9-402
Donor: The person who makes a gift.
Elected officer: means :
(5)(a) an individual elected or appointed to fill a vacancy in the office of mayor, commissioner, or council member; or
(5)(b) an individual who is considered to be elected to the office of mayor, commissioner, or council member by a municipal legislative body in accordance with Section 20A-1-206. See Utah Code 10-3-1303
Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
Election officer: means :
     (23)(a) the lieutenant governor, for all statewide ballots and elections;
     (23)(b) the county clerk for:
          (23)(b)(i) a county ballot and election; and
          (23)(b)(ii) a ballot and election as a provider election officer as provided in Section Utah Code 20A-1-102
Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
Eligible institution: means an institution that offers a postsecondary level course of instruction using digital technology. See Utah Code 53B-13c-101
Eligible student: means a financially needy student who is:
     (3)(a) at least 26 years old;
     (3)(b) enrolled in an online course at an eligible institution;
     (3)(c) pursuing:
          (3)(c)(i) an online postsecondary degree program in a field where there is a demonstrated industry need; or
          (3)(c)(ii) an online non-degree program that is designed to meet industry needs and leads to a certificate or another recognized educational credential; and
     (3)(d) a resident student under Section 53B-8-102 and rules the board establishes. See Utah Code 53B-13c-101
Emergency repairs: means a building improvement or public works project undertaken on an expedited basis to:
     (6)(a) eliminate an imminent risk of damage to or loss of public or private property;
     (6)(b) remedy a condition that poses an immediate physical danger; or
     (6)(c) reduce a substantial, imminent risk of interruption of an essential public service. See Utah Code 11-39-101
End user: means the person who uses a telecommunications service. See Utah Code 10-1-402
Energy efficiency upgrade: means an improvement that is permanently affixed to real property and that is designed to reduce energy consumption, including:
     (3)(a) insulation in:
          (3)(a)(i) a wall, ceiling, roof, floor, or foundation; or
          (3)(a)(ii) a heating or cooling distribution system;
     (3)(b) an insulated window or door, including:
          (3)(b)(i) a storm window or door;
          (3)(b)(ii) a multiglazed window or door;
          (3)(b)(iii) a heat-absorbing window or door;
          (3)(b)(iv) a heat-reflective glazed and coated window or door;
          (3)(b)(v) additional window or door glazing;
          (3)(b)(vi) a window or door with reduced glass area; or
          (3)(b)(vii) other window or door modifications that reduce energy loss;
     (3)(c) an automatic energy control system;
     (3)(d) in a building or a central plant, a heating, ventilation, or air conditioning and distribution system;
     (3)(e) caulking or weatherstripping;
     (3)(f) a light fixture that does not increase the overall illumination of a building unless an increase is necessary to conform with the applicable building code;
     (3)(g) an energy recovery system;
     (3)(h) a daylighting system;
     (3)(i) measures to reduce the consumption of water, through conservation or more efficient use of water, including:
          (3)(i)(i) installation of a low-flow toilet or showerhead;
          (3)(i)(ii) installation of a timer or timing system for a hot water heater; or
          (3)(i)(iii) installation of a rain catchment system; or
     (3)(j) any other modified, installed, or remodeled fixture that is approved as a utility cost-savings measure by the governing body. See Utah Code 11-17-2
Energy supplier: means a person supplying taxable energy, except that the commission may by rule exclude from this definition a person supplying a de minimis amount of taxable energy. See Utah Code 10-1-303
Enterprise fund: means a fund as defined by the Governmental Accounting Standards Board that is used by a municipality to report an activity for which a fee is charged to users for goods or services. See Utah Code 10-6-106
Environmental mitigation: means an action or activity intended to remedy known negative impacts to the environment. See Utah Code 11-41-102
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}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
Ex officio: Literally, by virtue of one's office.
Excavate: means the recovery of archaeological resources. See Utah Code 9-8a-302
Executive director: means the executive director of the Governor's Office of Economic Opportunity. See Utah Code 11-41-102
Executive director: means the executive director of the Department of Cultural and Community Engagement. See Utah Code 9-1-102
Expansion area: means the unincorporated area that is identified in an annexation policy plan under Section Utah Code 10-2-401
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.
Fairpark district: means the Utah Fairpark Area Investment and Restoration District, created in Section 11-70-201. See Utah Code 10-1-303
Feasibility consultant: means a person or firm with the qualifications and expertise described in Subsection 10-2a-205(2)(b). See Utah Code 10-2a-102
Feasibility consultant: means a person or firm with expertise in the processes and economics of local government. See Utah Code 10-2-401
Feasibility consultant: means a person or firm:
(5)(a) with expertise in the processes and economics of local government; and
(5)(b) who is independent of, and not affiliated with, a county or a sponsor of a petition to incorporate a preliminary municipality under this part. See Utah Code 10-2a-501
Feasibility request: means a request, described in Section 10-2a-202, for a feasibility study for the proposed incorporation of a municipality. See Utah Code 10-2a-102
Feasibility request: means a request, described in Section 10-2a-502, for a feasibility study for the proposed incorporation of a preliminary municipality. See Utah Code 10-2a-501
Federal program: means a veterans educational assistance program established in:
     (1)(a) United States Code, Title 10, Chapter 1606, Educational Assistance for Members of the Selected Reserve;
     (1)(b) United States Code, Title 38, Chapter 30, All-Volunteer Force Educational Assistance Program;
     (1)(c) United States Code, Title 38, Chapter 31, Training and Rehabilitation for Veterans with Service-Connected Disabilities;
     (1)(d) United States Code, Title 38, Chapter 32, Post-Vietnam Era Veterans' Educational Assistance; or
     (1)(e) United States Code, Title 38, Chapter 33, Post-9/11 Educational Assistance. See Utah Code 53B-13b-102
Fiduciary: A trustee, executor, or administrator.
Filing officer: means :
     (7)(a) the lieutenant governor, for:
          (7)(a)(i) the office of United States Senator and United States Representative; and
          (7)(a)(ii) all constitutional offices;
     (7)(b) for the office of a state senator, state representative, or the state school board, the lieutenant governor or the applicable clerk described in Subsection (7)(c) or (d);
     (7)(c) the county clerk, for county offices and local school district offices;
     (7)(d) the county clerk in the filer's county of residence, for multicounty offices;
     (7)(e) the city or town clerk, for municipal offices; or
     (7)(f) the special district clerk, for special district offices. See Utah Code 20A-9-101
Financial officer: means the mayor in the council-mayor optional form of government or the city official as authorized by Section 10-6-158. See Utah Code 10-6-106
Financially needy student: means a student who demonstrates the financial inability to meet all or a portion of the cost of attendance at an eligible institution as defined by the board, after utilizing family and personal resources, federal assistance, and scholarships. See Utah Code 53B-13c-101
financing: includes the issuing of bonds by a municipality, county, or state university for the purpose of using a portion, or all or substantially all of the proceeds to pay for or to reimburse the user, lender, or the user or lender's designee for the costs of the acquisition of facilities of a project, or to create funds for the project itself where appropriate, whether these costs are incurred by the municipality, the county, the state university, the user, or a designee of the user. See Utah Code 11-17-2
Financing: means the lending of money or any other thing of value for the purpose of residential rehabilitation. See Utah Code 11-25-3
Fiscal period: means the annual or biennial period for accounting for fiscal operations in each city. See Utah Code 10-6-106
Five-member council form of government: means the form of municipal government described in Part 4, Five-Member Council Form of Municipal Government. See Utah Code 10-3b-102
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}
Franchise agreement: means a franchise or an ordinance, contract, or agreement granting a franchise. See Utah Code 10-1-303
Franchise tax: means :
     (8)(a) a franchise tax;
     (8)(b) a tax similar to a franchise tax; or
     (8)(c) any combination of Subsections (8)(a) and (b). See Utah Code 10-1-303
Fraud: Intentional deception resulting in injury to another.
Fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 10-5-102.5
Fund: is a s defined by generally accepted accounting principles as reflected in the Uniform Accounting Manual for Utah Cities. See Utah Code 10-6-106
General fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 10-5-102.5
General fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 10-6-106
General plan: means the same as that term is defined in Section 23A-6-101. See Utah Code 11-41-102
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Governing board: includes a board of directors. See Utah Code 11-13a-102
Governing body: means a city council, or city commission, as the case may be, but the authority to make any appointment to any position created by this chapter is vested in the mayor in the council-mayor optional form of government. See Utah Code 10-6-106
Governing body: means :
     (5)(a) for a county, city, or town, the legislative body of the county, city, or town;
     (5)(b) for the Utah Inland Port Authority created in Section 11-58-201, the board, as defined in Section 11-58-102;
     (5)(c) for the military installation development authority created in Section 63H-1-201, the board, as defined in Section 63H-1-102;
     (5)(d) for a state university except as provided in Subsection (5)(e), the board or body having the control and supervision of the state university; and
     (5)(e) for a nonprofit corporation or foundation created by and operating under the auspices of a state university, the board of directors or board of trustees of that corporation or foundation. See Utah Code 11-17-2
Governing body: means the council, commission, county legislative body, board of directors, board of trustees, board of education, board of higher education, or other legislative body of a public body designated in this chapter that is vested with the legislative powers of the public body, and, with respect to the state, the State Bonding Commission created by Section 63B-1-201. See Utah Code 11-27-2
Governing body: means the council, commission, county legislative body, board of education, board of trustees, or any other governing entity of a public body in which the legislative powers of the public body are vested. See Utah Code 11-32-2
Governing body: means :
     (7)(a) for a county, city, or town, the legislative body of the county, city, or town;
     (7)(b) for a special district, the board of trustees of the special district; and
     (7)(c) for a special service district:
          (7)(c)(i) the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or
          (7)(c)(ii) the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301. See Utah Code 11-39-101
Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
Government obligations: means :
(6)(a) direct obligations of the United States of America, or other securities, the principal of and interest on which are unconditionally guaranteed by the United States of America; or
(6)(b) obligations of any state, territory, or possession of the United States, or of any of the political subdivisions of any state, territory, or possession of the United States, or of the District of Columbia described in Section 103(a), Internal Revenue Code of 1986. See Utah Code 11-27-2
Governmental entity: means the state, a county, a municipality, a special district, a special service district, a school district, a state institution of higher education, or any other political subdivision or administrative unit of the state. See Utah Code 11-13a-102
Governmental nonprofit corporation: means :
          (4)(a)(i) a nonprofit corporation that is wholly owned or wholly controlled by one or more governmental entities, unless the nonprofit corporation receives no operating funding or other financial support from any governmental entity; or
          (4)(a)(ii) a nonprofit corporation in which one or more governmental entities exercise a controlling interest and:
               (4)(a)(ii)(A) that exercises taxing authority;
               (4)(a)(ii)(B) that imposes a mandatory fee for association or participation with the nonprofit corporation where that association or participation is mandated by law; or
               (4)(a)(ii)(C) that receives a majority of the nonprofit corporation's operating funding from one or more governmental entities under the nonprofit corporation's governing documents, except where voluntary membership fees, dues, or assessments compose the operating funding. See Utah Code 11-13a-102
Gross receipts from telecommunications service: includes a charge necessary to complete a sale of a telecommunications service. See Utah Code 10-1-402
Guest: means an individual for whom a lodging establishment provides lodging accommodations for compensation. See Utah Code 11-42b-101
hazardous materials: means the same as that term is defined in Section 19-6-902. See Utah Code 10-11-1
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
Indian reservation: means :
(1) all land within the limits of any Indian reservation under the jurisdiction of the United States government, notwithstanding the issuance of any patent, and including rights of way running through the reservation; and
(2) all Indian allotments, to which the Indian titles have not been extinguished, including rights of way thereon. See Utah Code 9-9-210
Indian tribe: means a tribe, band, nation, or other organized group or community of Indians that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 9-9-402
Industrial park: includes the development of the land for an industrial park under this chapter or the acquisition and provision of water, sewerage, drainage, street, road, sidewalk, curb, gutter, street lighting, electrical distribution, railroad, or docking facilities, or any combination of them, but only to the extent that these facilities are incidental to the use of the land as an industrial park. See Utah Code 11-17-2
Initial landowners: means the persons who owned the land within the proposed preliminary municipality area when the person filed the feasibility request under Section 20A-1-501. See Utah Code 10-2a-501
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
institution: means :
(2)(a) an institution of higher education listed in Subsection 53B-2-101(1); or
(2)(b) a private, nonprofit, postsecondary institution located in Utah that is accredited by an accrediting organization that the United States Department of Education recognizes. See Utah Code 53B-13b-102
Institution: means :
(6)(a) an institution described in Section 53B-1-102; or
(6)(b) a Utah private, nonprofit postsecondary institution that is accredited by an accrediting organization that the United States Department of Education recognizes. See Utah Code 53B-13c-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}
Interfund loan: means a loan of cash from one fund to another, subject to future repayment. See Utah Code 10-6-106
Issuer: means the public body issuing any bond or bonds. See Utah Code 11-27-2
Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
Joint resolution: A legislative measure which requires the approval of both chambers.
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
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}
Lease: means any lease agreement, lease purchase agreement, and installment purchase agreement, and any certificate of interest or participation in any of the foregoing. See Utah Code 11-30-2
Legislative body: means the legislative body of the municipality. See Utah Code 10-15-3
Lender: means a trust company, savings bank, savings and loan association, bank, credit union, or any other lending institution that lends, loans, or leases proceeds of a financing to the user or a user's designee. See Utah Code 11-17-2
Lien: A claim against real or personal property in satisfaction of a debt.
Local entity: means a county, city, town, special district, or special service district. See Utah Code 11-39-101
Local political subdivision: means a county, a municipality, a special district, or a local school district. See Utah Code 20A-1-102
Lodging establishment: means the same as that term is defined in Section 29-2-102. See Utah Code 11-42b-101
Lowest responsive responsible bidder: means a prime contractor who:
     (9)(a) has submitted a bid in compliance with the invitation to bid and within the requirements of the plans and specifications for the building improvement or public works project;
     (9)(b) is the lowest bidder that satisfies the local entity's criteria relating to financial strength, past performance, integrity, reliability, and other factors that the local entity uses to assess the ability of a bidder to perform fully and in good faith the contract requirements;
     (9)(c) has furnished a bid bond or equivalent in money as a condition to the award of a prime contract; and
     (9)(d) furnishes a payment and performance bond as required by law. See Utah Code 11-39-101
Mall intersection: means any intersection of a street constituting a part of a pedestrian mall with any street which intersection is itself part of a pedestrian mall. See Utah Code 10-15-3
Military authority: means the Military Installation Development Authority, created in Section 63H-1-201. See Utah Code 10-1-303
Mining protection area: means the same as that term is defined in Section 17-41-101. See Utah Code 10-2-401
Mixed-use development: means development with mixed land uses, including housing. See Utah Code 11-41-102
Mobile telecommunications service: is a s defined in the Mobile Telecommunications Sourcing Act, Utah Code 10-1-402
Moderate income housing plan: means the moderate income housing plan element of a general plan. See Utah Code 11-41-102
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.
Mortgage: means a mortgage, trust deed, or other security device. See Utah Code 11-17-2
Municipal: means of or relating to a municipality. See Utah Code 10-1-104
Municipal employee: means an individual who is employed on a full or part-time basis by a municipality or by a community reinvestment agency under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act. See Utah Code 10-3-1303
Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102
Municipal selection committee: means a committee in each county composed of the mayor of each municipality within that county. See Utah Code 10-2-401
Municipal service: includes the physical facilities required to provide a service described in Subsection (1)(g)(i). See Utah Code 10-2a-102
Municipal service: means the same as that term is defined in Section 10-2a-102. See Utah Code 10-2a-501
Municipal services district: means a special district created under Title 17B, Chapter 2a, Part 11, Municipal Services District Act. See Utah Code 10-2a-102
Municipality: includes every city or town within this state. See Utah Code 10-15-3
Municipality: means a city or town. See Utah Code 11-13a-102
Municipality: means any incorporated city or town in the state, including cities or towns operating under home rule charters. See Utah Code 11-17-2
Municipality: means a city or town. See Utah Code 11-42b-101
Municipality: means :
     (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
     (5)(b) a town, as classified in Section 10-2-301; or
     (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
Municipality: means a city or town. See Utah Code 20A-1-102
Municipality: means a city or town. See Utah Code 10-1-303
Municipality: means a city or town. See Utah Code 10-1-402
Museum: means the Utah Museum of Natural History. See Utah Code 9-8a-302
National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
Native American: means of or relating to a tribe, people, or culture that is indigenous to the United States. See Utah Code 9-9-402
Native American remains: means remains that are Native American. See Utah Code 9-9-402
Nonfederal land: includes :
          (10)(b)(i) land owned or controlled by:
               (10)(b)(i)(A) the state;
               (10)(b)(i)(B) a county, city, or town;
               (10)(b)(i)(C) an Indian tribe, if the land is not held in trust by the United States for the Indian tribe or the Indian tribe's members; or
               (10)(b)(i)(D) a person other than the federal government; or
          (10)(b)(ii) school and institutional trust lands as defined in Section 53C-1-103. See Utah Code 9-9-402
Oath: A promise to tell the truth.
Oath: includes "affirmation. See Utah Code 68-3-12.5
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.
Office: means the Governor's Office of Economic Opportunity. See Utah Code 11-41-102
Office: means the State Historic Preservation Office created in Section 9-8a-201. See Utah Code 9-8a-101
Officer: means the state historic preservation officer, appointed in accordance with Section 9-8a-202. See Utah Code 9-8a-101
Officer: means an appointed officer or an elected officer. See Utah Code 10-3-1303
Online course: means a postsecondary level course of instruction offered by an eligible institution using digital technology. See Utah Code 53B-13c-101
Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
Oversight: Committee review of the activities of a Federal agency or program.
Owner: means the owner of a benefitted property, or the authorized agent or employee of the owner. See Utah Code 11-42b-101
Participant members: means those public bodies, including the county, the governing bodies of which approve the creation of an authority as provided in Section 11-32-3 and on whose behalf the authority acts. See Utah Code 11-32-2
Participating party: means any person, company, corporation, partnership, firm, agency, political subdivision of the state, or other entity or group of entities requiring financing for residential rehabilitation pursuant to the provisions of this part. See Utah Code 11-25-3
Partner agency: means an agency of the state or a tribal agency that participates in the remains repatriation process. See Utah Code 9-9-402
Pedestrian mall: means one or more streets or portions thereof, on which vehicular traffic is, or is to be, restricted in whole or in part and which is, or is to be, used exclusively or primarily for pedestrian travel. See Utah Code 10-15-3
Pending annexation area: means an area proposed for annexation in an annexation petition described in Section 10-2-403 that is filed before, and is still pending when, a person files the applicable request for a feasibility study under Section 10-2a-502. See Utah Code 10-2a-501
Peninsula: when used to describe an unincorporated area, means an area surrounded on more than 1/2 of its boundary distance, but not completely, by incorporated territory and situated so that the length of a line drawn across the unincorporated area from an incorporated area to an incorporated area on the opposite side shall be less than 25% of the total aggregate boundaries of the unincorporated area. See Utah Code 10-1-104
Person: means any person, association, corporation, or other entity. See Utah Code 11-30-2
Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
Person: is a s defined in Section 59-12-102. See Utah Code 10-1-303
Person seeking access: means a person who seeks access to a public water utility's public water system or publicly owned treatment works and who, after obtaining access, would, in the judgment of the public water utility, be in a position to affect the safety or security of the publicly owned treatment works or public water system or to affect the safety or well-being of patrons of the public water utility. See Utah Code 11-40-101
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
petitioner: means :
     (1)(a) one or more persons who:
          (1)(a)(i) own title to real property within the area proposed for disconnection; and
          (1)(a)(ii) sign a request for disconnection proposing to disconnect the area proposed for disconnection from the municipality; or
     (1)(b) the mayor of the municipality within which the area proposed for disconnection is located who signs a request for disconnection proposing to disconnect the area proposed for disconnection from the municipality. See Utah Code 10-2-501
Point of the mountain authority: means the Point of the Mountain State Land Authority, created in Section 11-59-201. See Utah Code 10-1-303
Political division: includes a county, a city, a town, a special district, a school district, a legislative district, and a county prosecution district. See Utah Code 20A-9-101
Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102
Political subdivision: means any county, city, town, school district, special district, special service district, community reinvestment agency, or entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 11-41-102
Pollution: means any form of environmental pollution including water pollution, air pollution, pollution caused by solid waste disposal, thermal pollution, radiation contamination, or noise pollution. See Utah Code 11-17-2
Position: means a square, circle, rectangle, or other geometric shape on a ballot in which the voter marks the voter's choice. See Utah Code 20A-1-102
Primary sponsor contact: means :
     (10)(a) in relation to a feasibility request:
          (10)(a)(i) the individual designated as the primary sponsor contact for a feasibility request under Subsection 10-2a-502(5)(c); or
          (10)(a)(ii) an individual designated, in writing, by the initial landowners if a replacement primary sponsor contact is needed; or
     (10)(b) in relation to a petition for incorporation of a preliminary municipality:
          (10)(b)(i) the individual designated as the primary sponsor contact for a petition for incorporation of a preliminary municipality under Subsection 10-2a-507(1)(d); or
          (10)(b)(ii) an individual designated, in writing, by the initial landowners if a replacement primary sponsor contact is needed. See Utah Code 10-2a-501
Principal investigator: means the individual with overall administrative responsibility for the survey or excavation project authorized by the permit. See Utah Code 9-8a-302
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probate: Proving a will
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
Procurement code: means the provisions of Title 63G, Chapter 6a, Utah Procurement Code. See Utah Code 11-39-101
Program: means the Utah Main Street Program created in Section 9-24-102. See Utah Code 9-24-101
Program: means the Veterans Tuition Gap Program created in this chapter. See Utah Code 53B-13b-102
Program: means the Adult Learners Grant Program established in Section 53B-13c-102. See Utah Code 53B-13c-101
Project: means :
          (11)(a)(i) an industrial park, land, interest in land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination of them, whether or not in existence or under construction:
               (11)(a)(i)(A) that is suitable for industrial, manufacturing, warehousing, research, business, and professional office building facilities, commercial, shopping services, food, lodging, low income rental housing, recreational, or any other business purposes;
               (11)(a)(i)(B) that is suitable to provide services to the general public;
               (11)(a)(i)(C) that is suitable for use by any corporation, person, or entity engaged in health care services, including hospitals, nursing homes, extended care facilities, facilities for the care of persons with a physical or mental disability, and administrative and support facilities; or
               (11)(a)(i)(D) that is suitable for use by a state university for the purpose of aiding in the accomplishment of its authorized academic, scientific, engineering, technical, and economic development functions;
          (11)(a)(ii) any land, interest in land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination of them, used by any individual, partnership, firm, company, corporation, public utility, association, trust, estate, political subdivision, state agency, or any other legal entity, or its legal representative, agent, or assigns, for the reduction, abatement, or prevention of pollution, including the removal or treatment of any substance in process material, if that material would cause pollution if used without the removal or treatment;
          (11)(a)(iii) an energy efficiency upgrade;
          (11)(a)(iv) a clean energy system;
          (11)(a)(v) facilities, machinery, or equipment, the manufacturing and financing of which will maintain or enlarge domestic or foreign markets for Utah industrial products; or
          (11)(a)(vi) any economic development or new venture investment fund to be raised other than from:
               (11)(a)(vi)(A) municipal or county general fund money;
               (11)(a)(vi)(B) money raised under the taxing power of any county or municipality; or
               (11)(a)(vi)(C) money raised against the general credit of any county or municipality. See Utah Code 11-17-2
Proposed preliminary municipality area: means the area proposed for incorporation as a preliminary municipality in a feasibility request. See Utah Code 10-2a-501
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Public body: means the state or any agency, authority, instrumentality, or institution of the state, or any municipal or quasi-municipal corporation, political subdivision, agency, school district, special district, special service district, or other governmental entity now or hereafter existing under the laws of the state. See Utah Code 11-27-2
Public body: means the state or any agency, authority, instrumentality, or institution of the state, or any county, municipality, quasi-municipal corporation, school district, special district, special service district, political subdivision, or other governmental entity existing under the laws of the state, whether or not possessed of any taxing power. See Utah Code 11-30-2
Public body: means the state and any public department, public agency, or other public entity existing under the laws of the state, including, without limitation, any agency, authority, instrumentality, or institution of the state, and any county, city, town, municipal corporation, quasi-municipal corporation, state university or college, school district, special service district, special district, separate legal or administrative entity created under the Interlocal Cooperation Act or other joint agreement entity, community reinvestment agency, and any other political subdivision, public authority, public agency, or public trust existing under the laws of the state. See Utah Code 11-31-2
Public body: means any city, town, county, school district, special service district, special district, community reinvestment agency, or any other entity entitled to receive ad valorem property taxes, existing under the laws of the state. See Utah Code 11-32-2
Public body: means the state and any public department, public agency, or other public entity existing under the laws of the state, including, without limitation, any agency, authority, instrumentality, or institution of the state, and any county, city, town, municipal corporation, quasi-municipal corporation, state university or college, school district, special service district, special district, separate legal or administrative entity created under the Interlocal Cooperation Act or other joint agreement entity, community reinvestment agency, and any other political subdivision, public authority, public agency, or public trust existing under the laws of this state. See Utah Code 11-34-1
Public employee: means any employee, officer, or servant of the state of Utah, or any office, department, agency, authority, commission, board, institution, hospital, college, university, or other instrumentality of the state, or of any county, city, town, school district, special improvement or taxing district, or any other political subdivision or public corporation of or within the state. See Utah Code 53B-15-101
Public entity: means :
     (11)(a) a political subdivision;
     (11)(b) a department, commission, board, council, agency, institution, officer, corporation, fund, division, office, committee, authority, laboratory, library, unit, bureau, panel, or other administrative unit of the executive branch of the state;
     (11)(c) a higher education institution as defined in Section 53B-1-201;
     (11)(d) the Military Installation Development Authority created in Section 63H-1-201;
     (11)(e) the Utah Inland Port Authority created in Section 11-58-201; or
     (11)(f) the Point of the Mountain State Land Authority created in Section 11-59-201. See Utah Code 11-41-102
Public funds: means any money or payment collected or received by an officer or employee of the city acting in an official capacity and includes money or payment to the officer or employee for services or goods provided by the city, or the officer or employee while acting within the scope of employment or duty. See Utah Code 10-6-106
Public funds: means any money received by a public entity that is derived from:
(12)(a) a sales and use tax authorized under Title 59, Chapter 12, Sales and Use Tax Act; or
(12)(b) a property tax levy. See Utah Code 11-41-102
Public infrastructure: means :
(13)(a) a public facility as defined in Section 11-36a-102; or
(13)(b) public infrastructure included as part of an infrastructure master plan related to a general plan. See Utah Code 11-41-102
Public water utility: means a county, city, town, special district under Title 17B, Chapter 1, Provisions Applicable to All Special Districts, special service district under Title 17D, Chapter 1, Special Service District Act, or other political subdivision of the state that operates publicly owned treatment works or a public water system. See Utah Code 11-40-101
qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102
Qualified number of owners: means a number of owners of benefitted properties that represents 60% or more of the total assessment amount levied against all benefitted properties within a proposed or existing assessment area, provided that if an owner of one or more benefitted properties represents 40% or more of the total assessment amount levied against all benefitted properties within a proposed or existing assessment area, no more than 40% of the total assessment amount shall be attributed to that owner. See Utah Code 11-42b-101
Qualifying military veteran: means a veteran, as defined in Section Utah Code 53B-13b-102
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
Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
Refunding bonds: means bonds issued under the authority of this chapter for the purpose of refunding outstanding bonds. See Utah Code 11-27-2
Refunding bonds: means any bonds that are issued to refund outstanding bonds, including both refunding bonds and advance refunding bonds. See Utah Code 11-30-2
Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
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.
Remains: means all or part of a physical individual and objects on or attached to the physical individual that are placed there as part of the death rite or ceremony of a culture. See Utah Code 9-9-402
Repository: means the same as that term is defined in Section 53B-17-603. See Utah Code 9-8a-302
Residence: means a residential structure in residential rehabilitation areas. See Utah Code 11-25-3
Residential rehabilitation: means the construction, reconstruction, renovation, replacement, extension, repair, betterment, equipping, developing, embellishing, or otherwise improving residences consistent with standards of strength, effectiveness, fire resistance, durability, and safety, so that the structures are satisfactory and safe to occupy for residential purposes and are not conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime because of any one or more of the following factors:
     (8)(a) defective design and character of physical construction;
     (8)(b) faulty interior arrangement and exterior spacing;
     (8)(c) high density of population and overcrowding;
     (8)(d) inadequate provision for ventilation, light, sanitation, open spaces, and recreation facilities;
     (8)(e) age, obsolescence, deterioration, dilapidation, mixed character, or shifting of uses; and
     (8)(f) economic dislocation, deterioration, or disuse, resulting from faulty planning. See Utah Code 11-25-3
Residential rehabilitation area: means the geographical area designated by the agency as one for inclusion in a comprehensive residential rehabilitation financing program pursuant to the provisions of this chapter. See Utah Code 11-25-3
Resolution: means a resolution of the governing body of a public body taking formal action under this chapter. See Utah Code 11-27-2
Retail facility: means any facility operated by a business entity for the primary purpose of making retail transactions. See Utah Code 11-41-102
Retail facility incentive payment: means a payment of public funds:
          (15)(a)(i) to a person by a public entity;
          (15)(a)(ii) for the development, construction, renovation, or operation of a retail facility within an area of the state; and
          (15)(a)(iii) in the form of:
               (15)(a)(iii)(A) a payment;
               (15)(a)(iii)(B) a rebate;
               (15)(a)(iii)(C) a refund;
               (15)(a)(iii)(D) a subsidy; or
               (15)(a)(iii)(E) any other similar incentive, award, or offset. See Utah Code 11-41-102
Review committee: means the Native American Remains Review Committee created by Section 9-9-405. See Utah Code 9-9-402
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
Rural real property: includes any portion of private real property, if the private real property:
(1)(j)(ii)(A) qualifies as rural real property under Subsection (1)(j)(i); and
(1)(j)(ii)(B) consists of more than 1,500 total acres. See Utah Code 10-2-401
service address: means :
     (8)(a) if the location described in this Subsection (8)(a) is known, the location of the telecommunications equipment:
          (8)(a)(i) to which a call is charged; and
          (8)(a)(ii) from which the call originates or terminates;
     (8)(b) if the location described in Subsection (8)(a) is not known but the location described in this Subsection (8)(b) is known, the location of the origination point of the signal of the telecommunications service first identified by:
          (8)(b)(i) the telecommunications system of the telecommunications provider; or
          (8)(b)(ii) if the system used to transport the signal is not a system of the telecommunications provider, information received by the telecommunications provider from its service provider; or
     (8)(c) if the locations described in Subsection (8)(a) or (b) are not known, the location of a customer's place of primary use. See Utah Code 10-1-402
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.
Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
     (34)(a) sex and reproductive organ anatomy;
     (34)(b) chromosomal makeup; and
     (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Site: means any petroglyphs, pictographs, structural remains, or geographic location that is the source of archaeological resources or specimens. See Utah Code 9-8a-302
Six-member council form of government: means the form of municipal government described in Part 3, Six-Member Council Form of Municipal Government. See Utah Code 10-3b-102
Small business: means a business entity that:
(17)(a)(i) has fewer than 30 full-time equivalent employees; and
(17)(a)(ii) maintains the business entity's principal office in the state. See Utah Code 11-41-102
Special district: means the same as that term is defined in Section 17B-1-102. See Utah Code 11-39-101
Special fund: means any fund other than the city general fund. See Utah Code 10-6-106
Special improvement bond: means any bond, note, warrant, certificate of indebtedness, or other obligation of a public body or any predecessor of any public body that is payable from assessments levied on benefitted property and from any special improvement guaranty fund. See Utah Code 11-27-2
Special improvement guaranty fund: means any special improvement guaranty fund established under Title 10, Chapter 6, Uniform Fiscal Procedures Act for Utah Cities; Title 11, Chapter 42, Assessment Area Act; or any predecessor or similar statute. See Utah Code 11-27-2
Specified county: means a county of the first or second class. See Utah Code 11-42b-101
Specified county: means a county of the second, third, fourth, fifth, or sixth class. See Utah Code 10-2-401
Specimen: means all man-made artifacts and remains of an archaeological or anthropological nature found on or below the surface of the earth, excluding structural remains. See Utah Code 9-8a-302
State: means the state of Utah. See Utah Code 11-30-2
State land: means land owned by the state including the state's:
          (14)(a)(i) legislative and judicial branches;
          (14)(a)(ii) departments, divisions, agencies, boards, commissions, councils, and committees; and
          (14)(a)(iii) institutions of higher education as defined under Section 53B-3-102. See Utah Code 9-9-402
State university: means an institution of higher education as described in Section 53B-2-101 and includes any nonprofit corporation or foundation created by and operating under their authority. See Utah Code 11-17-2
Street: means any public road, street, highway, alley, lane, court, way, or place of any nature open to the use of the public, excluding state highways. See Utah Code 10-15-3
Substantial interest: means the ownership, either legally or equitably, by an individual, the individual's spouse, or the individual's minor children, of at least 10% of the outstanding shares of a corporation or 10% interest in any other business entity. See Utah Code 10-3-1303
Summons: Another word for subpoena used by the criminal justice system.
Survey: means a surface investigation for archaeological resources that may include:
(19)(a) insubstantial surface collection of archaeological resources; and
(19)(b) limited subsurface testing that disturbs no more of a site than is necessary to determine the nature and extent of the archaeological resources or whether the site is a historic property. See Utah Code 9-8a-302
Swear: includes "affirm. See Utah Code 68-3-12.5
System infrastructure: means , as shown on the map or plat described in Subsection 10-2a-502(5)(e) for the proposed preliminary municipal area:
(13)(a) the main thoroughfares within the proposed preliminary municipal area, including the roads that connect the proposed preliminary municipality area to an existing road outside the proposed preliminary municipality area; and
(13)(b) the main lines that will connect a utility to the proposed preliminary municipality area, including the stubs that will connect the main lines to the development in the proposed preliminary municipality area. See Utah Code 10-2a-501
Tax increment bond: means any bond, note, warrant, certificate of indebtedness, or other obligation of a public body issued under authority of Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act. See Utah Code 11-27-2
Taxable energy: means gas and electricity. See Utah Code 10-1-303
telecommunications provider: means a person that:
(9)(a)(i) owns, controls, operates, or manages a telecommunications service; or
(9)(a)(ii) engages in an activity described in Subsection (9)(a)(i) for the shared use with or resale to any person of the telecommunications service. See Utah Code 10-1-402
Telecommunications service: means :
     (10)(a) telecommunications service, as defined in Section 59-12-102, other than mobile telecommunications service, that originates and terminates within the boundaries of this state;
     (10)(b) mobile telecommunications service, as defined in Section 59-12-102:
          (10)(b)(i) that originates and terminates within the boundaries of one state; and
          (10)(b)(ii) only to the extent permitted by the Mobile Telecommunications Sourcing Act, Utah Code 10-1-402
telecommunications tax or fee: means any of the following imposed by a municipality on a telecommunications provider:
          (11)(a)(i) a tax;
          (11)(a)(ii) a license;
          (11)(a)(iii) a fee;
          (11)(a)(iv) a license fee;
          (11)(a)(v) a license tax;
          (11)(a)(vi) a franchise fee; or
          (11)(a)(vii) a charge similar to a tax, license, or fee described in Subsections (11)(a)(i) through (vi). See Utah Code 10-1-402
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Third party administrator: means a private nonprofit organization, primarily engaged in destination marketing and promotion, that enters into a contract with a specified county to provide beneficial activities within an assessment area in accordance with the management plan. See Utah Code 11-42b-101
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
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.
Tribal consultation: means the state and the tribes exchanging views and information, in writing or in person, regarding implementing proposed state action under this part that has or may have substantial implications for tribes including impacts on:
     (15)(a) tribal cultural practices;
     (15)(b) tribal lands;
     (15)(c) tribal resources;
     (15)(d) access to traditional areas of tribal cultural or religious importance; or
     (15)(e) the consideration of the state's responsibilities to Indian tribes. See Utah Code 9-9-402
tribe: means a tribe, band, nation, or other organized group or community of Indians that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 9-9-101
tribe: means a tribe, band, nation, or other organized group or community of Indians that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 9-9-101
Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
Trustee: A person or institution holding and administering property in trust.
Tuition: means tuition and fees at the rate charged for residents of the state. See Utah Code 53B-13c-101
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
Unincorporated: means not within a municipality. See Utah Code 10-1-104
Unincorporated peninsula: means an unincorporated area:
          (1)(l)(i) that is part of a larger unincorporated area;
          (1)(l)(ii) that extends from the rest of the unincorporated area of which it is a part;
          (1)(l)(iii) that is surrounded by land that is within a municipality, except where the area connects to and extends from the rest of the unincorporated area of which it is a part; and
          (1)(l)(iv) whose width, at any point where a straight line may be drawn from a place where it borders a municipality to another place where it borders a municipality, is no more than 25% of the boundary of the area where it borders a municipality. See Utah Code 10-2-401
Uphold: The decision of an appellate court not to reverse a lower court decision.
Urban development: means :
(1)(m)(i) a housing development with more than 15 residential units and an average density greater than one residential unit per acre; or
(1)(m)(ii) a commercial or industrial development for which cost projections exceed $750,000 for all phases. See Utah Code 10-2-401
User: means the person, whether natural or corporate, who will occupy, operate, maintain, and employ the facilities of, or manage and administer a project after the financing, acquisition, or construction of it, whether as owner, manager, purchaser, lessee, or otherwise. See Utah Code 11-17-2
Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
     (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
     (42)(b)
          (42)(b)(i) after the day described in Subsection (42)(a); and
          (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
Utility: means a utility owned by a town, in whole or in part, that provides electricity, gas, water, or sewer, or any combination of them. See Utah Code 10-5-102.5
Utility: means a utility owned by a city, in whole or in part, that provides electricity, gas, water, or sewer, or any combination of them. See Utah Code 10-6-106
Valid write-in candidate: means a candidate who has qualified as a write-in candidate by following the procedures and requirements of this title. See Utah Code 20A-1-102
Validity: means any matter relating to the legality and validity of the bonds and the security therefor, including, without limitation, the legality and validity of:
     (9)(a) a public body's authority to issue and deliver the bonds;
     (9)(b) any ordinance, resolution, or statute granting the public body authority to issue and deliver the bonds;
     (9)(c) all proceedings, elections, if any, and any other actions taken or to be taken in connection with the issuance, sale, or delivery of the bonds;
     (9)(d) the purpose, location, or manner of the expenditure of funds;
     (9)(e) the organization or boundaries of the public body;
     (9)(f) any assessments, taxes, rates, rentals, fees, charges, or tolls levied or that may be levied in connection with the bonds;
     (9)(g) any lien, proceeding, or other remedy for the collection of those assessments, taxes, rates, rentals, fees, charges, or tolls;
     (9)(h) any contract or lease executed or to be executed in connection with the bonds;
     (9)(i) the pledge of any taxes, revenues, receipts, rentals, or property, or encumbrance thereon or security interest therein to secure the bonds; and
     (9)(j) any covenants or provisions contained in or to be contained in the bonds. See Utah Code 11-30-2
Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
Veteran: means an individual who:
          (44)(a)(i) has served in the United States Armed Forces for at least 180 days:
               (44)(a)(i)(A) on active duty; or
               (44)(a)(i)(B) in a reserve component, to include the National Guard; or
          (44)(a)(ii) has incurred an actual service-related injury or disability while in the United States Armed Forces regardless of whether the individual completed 180 days; and
          (44)(a)(iii) was separated or retired under conditions characterized as honorable or general. 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.
Voter: means an individual who:
     (79)(a) meets the requirements for voting in an election;
     (79)(b) meets the requirements of election registration;
     (79)(c) is registered to vote; and
     (79)(d) is listed in the official register book. See Utah Code 20A-1-102
Warrant: means an order drawn upon the city treasurer, in the absence of sufficient money in the city's depository, by an authorized officer of a city for the purpose of paying a specified amount out of the city treasury to the person named or to the bearer as money becomes available. See Utah Code 10-6-106
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