Terms Used In Utah Code > Title 9 > Chapter 9 > Part 1 - Division of Indian Affairs

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• 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
• 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.
• 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
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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
• 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
• 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
• 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
• 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
• 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
• 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.
• 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
• 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
• 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
• Devise: To gift property by will.
• division: means the Utah Division of Indian Affairs created in Section 9-9-102. See Utah Code 9-9-101
• 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}
• End user: means the person who uses a telecommunications service. See Utah Code 10-1-402
• 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
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• 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 expertise in the processes and economics of local government. See Utah Code 10-2-401
• 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
• Fiduciary: A trustee, executor, or administrator.
• 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
• Fiscal period: means the annual or biennial period for accounting for fiscal operations in each city. See Utah Code 10-6-106
• 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}
• 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
• 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 10-6-106
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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 collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
• Gross receipts from telecommunications service: includes a charge necessary to complete a sale of a telecommunications service. See Utah Code 10-1-402
• 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
• 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
• Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Legislative body: means the legislative body of the municipality. See Utah Code 10-15-3
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• 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
• Mobile telecommunications service: is a s defined in the Mobile Telecommunications Sourcing Act, Utah Code 10-1-402
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Municipal: means of or relating to a municipality. See Utah Code 10-1-104
• 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
• Municipality: includes every city or town within this state. See Utah Code 10-15-3
• 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 10-1-303
• Municipality: means a city or town. See Utah Code 10-1-402
• 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.
• 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.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• 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
• 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 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: means :
       (24)(a) an individual;
       (24)(b) an association;
       (24)(c) an institution;
       (24)(d) a corporation;
       (24)(e) a company;
       (24)(f) a trust;
       (24)(g) a limited liability company;
       (24)(h) a partnership;
       (24)(i) a political subdivision;
       (24)(j) a government office, department, division, bureau, or other body of government; and
       (24)(k) any other organization or entity. See Utah Code 68-3-12.5
• Personal property: All property that is not real property.
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• 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
• 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
• Program: means the Utah Main Street Program created in Section 9-24-102. See Utah Code 9-24-101
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• 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
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• 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
• 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.
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Special fund: means any fund other than the city general fund. See Utah Code 10-6-106
• Specified county: means a county of the second, third, fourth, fifth, or sixth class. See Utah Code 10-2-401
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• Statute: A law passed by a legislature.
• 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
• 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
• 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
• 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.
• 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
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• 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
• 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 city, in whole or in part, that provides electricity, gas, water, or sewer, or any combination of them. See Utah Code 10-6-106
• 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