Terms Used In Utah Code > Title 10 > Chapter 2 > Part 4 - Annexation

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• Adjusted retail electric sales: means the total kilowatt-hours of retail electric sales of a municipal electric utility to customers in this state in a calendar year, reduced by:

  (a)	the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from qualifying zero carbon emissions generation and qualifying carbon sequestration generation;

  (b)

  the amount of those kilowatt-hours attributable to electricity generated or purchased in that calendar year from generation located within the geographic boundary of the Western Electricity Coordinating Council that derives its energy from one or more of the following but that does not satisfy the definition of a renewable energy source or that otherwise has not been used to satisfy Subsection 10-19-201(1): (i)  wind energy; (ii)  solar photovoltaic and solar thermal energy; (iii)  wave, tidal, and ocean thermal energy; (iv)  except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including: (A)  organic waste; (B)  forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk; (C)  agricultural residues; (D)  dedicated energy crops; and (E)  landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste; (v)  geothermal energy; (vi)  hydro-electric energy; or (vii)  waste gas and waste heat capture or recovery; and

  (c)

  the number of kilowatt-hours attributable to reductions in retail sales in that calendar year from activities or programs promoting electric energy efficiency or conservation or more efficient management of electric energy load. See Utah Code 10-19-102 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 : (i)  a county of the first or second class in whose unincorporated area the area proposed for annexation is located; (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; (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; (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 (v)  a municipality whose boundaries are within 1/2 mile of an area proposed for annexation. See Utah Code 10-2-401 Affiliated person: means a seller or a seller's contractor, director, employee, officer, owner, or partner. See Utah Code 13-26-2 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 Attachment: A procedure by which a person's property is seized to pay judgments levied by the court. Banked renewable energy certificate: means a bundled or unbundled renewable energy certificate that is: (a)  not used in a calendar year to comply with this part or with a renewable energy program in another state; and (b)  carried forward into a subsequent year. See Utah Code 10-19-102 Cable television service: means : (a)  the one-way transmission to subscribers of: (i)  video programming; or (ii)  other programming service; and (b)  subscriber interaction, if any, that is required for the selection or use of: (i)  the video programming; or (ii)  other programming service. See Utah Code 10-18-102 Capital costs: means all costs of providing a service that are capitalized in accordance with generally accepted accounting principles. See Utah Code 10-18-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Commission: means 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 Commission: means the Public Service Commission. See Utah Code 10-19-102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contiguous: means : (a)  if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and (b)  if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104 Continuity plan: means a shipment, with the prior express consent of the buyer, at regular intervals of similar special-interest products, in which there is no binding commitment period or purchase amount. See Utah Code 13-26-2 Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. County executive: means :Utah Code 68-3-12.5 County legislative body: means :Utah Code 68-3-12.5 Cross subsidize: means to pay a cost included in the direct costs or indirect costs of providing a service that is not accounted for in the full cost of accounting of providing the service. See Utah Code 10-18-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dependent: A person dependent for support upon another. Devise: To gift property by will. Direct costs: means those expenses of a municipality that: (a)  are directly attributable to providing: (i)  a cable television service; or (ii)  a public telecommunications service; and (b)  would be eliminated if the service described in Subsection (4)(a) were not provided by the municipality. See Utah Code 10-18-102 Division: means the Division of Consumer Protection. See Utah Code 13-25a-102 Division: means the Division of Consumer Protection. See Utah Code 13-26-2 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. Expansion area: means the unincorporated area that is identified in an annexation policy plan under Section 10-2-401. See Utah Code 10-2-401 Feasibility consultant: means a person or firm with expertise in the processes and economics of local government. See Utah Code 10-2-401 Fictitious personal name: means a name other than an individual's legal name. See Utah Code 13-26-2 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. Fraud: Intentional deception resulting in injury to another. 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 collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104 Indirect costs: means any costs: (i)  identified with two or more services or other functions; and (ii)  that are not directly identified with a single service or function. See Utah Code 10-18-102 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 :Utah Code 68-3-12.5 material fact: means information that a person of ordinary intelligence or prudence would consider important in deciding whether to accept an offer extended through a telephone solicitation. See Utah Code 13-26-2 Mining protection area: means the same as that term is defined in Section 17-41-101. See Utah Code 10-2-401 Municipal: means of or relating to a municipality. See Utah Code 10-1-104 Municipal electric utility: means any municipality that owns, operates, controls, or manages a facility that provides electric power for a retail customer, whether domestic, commercial, industrial, or otherwise. See Utah Code 10-19-102 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 Municipality: means : (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; (b)  a town, as classified in Section 10-2-301; or (c)  a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104 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. Participant: means a person seeking to register or renew a registration as a seller including: (a)  a seller; (b)  an owner; (c)  an officer; (d)  a director; (e)  a member or manager of a limited liability company; (f)  a principal; (g)  a trustee; (h)  a general or limited partner; (i)  a sole proprietor; or (j)  an individual with a controlling interest in an entity. See Utah Code 13-26-2 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 :Utah Code 68-3-12.5 Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Planning advisory area: means the same as that term is defined in Section 17-27a-306. See Utah Code 10-2-401 Premium: means a gift, bonus, prize, award, certificate, or other document by which a prospective purchaser is given a right, chance, or privilege to purchase or receive goods or services with a stated or represented value of $25 or more as an inducement to a prospective purchaser to purchase other goods or services. See Utah Code 13-26-2 Private provider: means a person that: (a)  provides: (i)  cable television services; or (ii)  public telecommunications services; and (b)  is a private entity. See Utah Code 10-18-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public telecommunications service: means the two-way transmission of signs, signals, writing, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, or other electromagnetic means offered to the public generally. See Utah Code 10-18-102 Qualifying carbon sequestration generation: means a fossil-fueled generating facility located within the geographic boundary of the Western Electricity Coordinating Council that: (a)  becomes operational or is retrofitted on or after January 1, 2008; and (b)  reduces carbon dioxide emissions into the atmosphere through permanent geological sequestration or through other verifiably permanent reductions in carbon dioxide emissions through the use of technology. See Utah Code 10-19-102 Qualifying electricity: means electricity generated on or after January 1, 1995 from a renewable energy source if: (a)  (i)  the renewable energy source is located within the geographic boundary of the Western Electricity Coordinating Council; or (ii)  the qualifying electricity is delivered to the transmission system of a municipal electric utility or a delivery point designated by the municipal electric utility for the purpose of subsequent delivery to the municipal electric utility; and (b)  the renewable energy attributes of the electricity are not traded, sold, transferred, or otherwise used to satisfy another state's renewable energy program. See Utah Code 10-19-102 Quorum: The number of legislators that must be present to do business. real property: includes :Utah Code 68-3-12.5 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. 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. Renewable energy certificate: means a certificate issued in accordance with the requirements of Sections 10-19-202 and 54-17-603. See Utah Code 10-19-102 Renewable energy source: means : (a)  an electric generation facility or generation capability or upgrade that becomes operational on or after January 1, 1995 that derives its energy from one or more of the following: (i)  wind energy; (ii)  solar photovoltaic and solar thermal energy; (iii)  wave, tidal, and ocean thermal energy; (iv)  except for combustion of wood that has been treated with chemical preservatives such as creosote, pentachlorophenol or chromated copper arsenate, biomass and biomass byproducts, including: (A)  organic waste; (B)  forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk; (C)  agricultural residues; (D)  dedicated energy crops; and (E)  landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste; (v)  geothermal energy located outside the state; (vi)  waste gas and waste heat capture or recovery whether or not it is renewable, including methane gas from: (A)  an abandoned coal mine; or (B)  a coal degassing operation associated with a state-approved mine permit; (vii)  efficiency upgrades to a hydroelectric facility, without regard to the date upon which the facility became operational, if the upgrades become operational on or after January 1, 1995; (viii)  a compressed air energy storage process, if: (A)  the process used to compress the air is a renewable energy source and the associated renewable energy certificates are retired for the purpose of the compressed air energy storage process; or (B)  equivalent renewable energy certificates are obtained and retired for the purpose of the compressed air energy storage process; or (ix)  municipal solid waste; (b)  any of the following: (i)  up to 50 average megawatts of electricity per year per municipal electric utility from a certified low-impact hydroelectric facility, without regard to the date upon which the facility becomes operational, if the facility is certified as a low-impact hydroelectric facility on or after January 1, 1995, by a national certification organization; (ii)  geothermal energy if located within the state, without regard to the date upon which the facility becomes operational; and (iii)  hydroelectric energy if located within the state, without regard to the date upon which the facility becomes operational; (c)  hydrogen gas derived from any source of energy described in Subsection (11)(a) or (b); (d)  if an electric generation facility employs multiple energy sources, that portion of the electricity generated that is attributable to energy sources described in Subsections (11)(a) through (c); and (e)  any of the following located in the state and owned by a user of energy: (i)  a demand side management measure, as defined by Subsection 54-7-12. See Utah Code 10-19-102 Rural real property: includes any portion of private real property, if the private real property: (A)  qualifies as rural real property under Subsection (1)(j)(i); and (B)  consists of more than 1,500 total acres. See Utah Code 10-2-401 Seller: means a person, or a group of persons engaged in a common effort to conduct a telephone solicitation, that: (a)  on behalf of the person, or the group of persons engaged in a common effort to conduct a telephone solicitation: (i)  makes a telephone solicitation; or (ii)  causes a telephone solicitation to be made; or (b)  through a telephone solicitor: (i)  makes a telephone solicitation; or (ii)  causes a telephone solicitation to be made. See Utah Code 13-26-2 Service of process: The service of writs or summonses to the appropriate party. Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 solicitation of sale: means : (i)  a sale or solicitation of goods or services in which: (A)  (I)  the seller solicits the sale over the telephone; (II)  the purchaser's agreement to purchase is made over the telephone; and (III)  the purchaser, over the telephone, pays for or agrees to commit to payment for goods or services prior to or upon receipt by the purchaser of the goods or services; (B)  the seller, not exempt under Section 13-26-4, induces a prospective purchaser over the telephone, to make and keep an appointment that directly results in the purchase of goods or services by the purchaser that would not have occurred without the telephone solicitation and inducement by the seller; (C)  the seller offers or promises a premium to a prospective purchaser if: (I)  the seller induces the prospective purchaser to initiate a telephone contact with the seller; and (II)  the resulting solicitation meets the requirements of Subsection (10)(a); or (D)  the seller solicits a charitable donation involving the exchange of any premium, prize, gift, ticket, subscription, or other benefit in connection with an appeal made for a charitable purpose by an organization that is not otherwise exempt under Subsection 13-26-4(2)(b)(iv); or (ii)  a telephone solicitation as defined in Section 13-25a-102. See Utah Code 13-26-2 solicitor: means an individual who engages in a telephone solicitation on behalf of a seller. See Utah Code 13-26-2 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 Subscribers: means a person that lawfully receives: (a)  cable television services; or (b)  public telecommunications services. See Utah Code 10-18-102 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104 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: (i)  that is part of a larger unincorporated area; (ii)  that extends from the rest of the unincorporated area of which it is a part; (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 (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 Unsolicited telephone call: means a telephone call for a commercial purpose or to seek a financial donation other than a call made: (a)  in response to an express request of the person called; (b)  primarily in connection with an existing debt or contract, payment or performance of which has not been completed at the time of the call; (c)  to a person with whom the telephone solicitor has an established business relationship; or (d)  as required by law for a medical purpose. See Utah Code 13-25a-102 Urban development: means : (i)  a housing development with more than 15 residential units and an average density greater than one residential unit per acre; or (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:Utah Code 68-3-12.5 Writing: includes :Utah Code 68-3-12.5