Sections
Article 1 Franchise by Municipality 9-501 – 9-502
Article 1.1 Cable Television Systems 9-505 – 9-510
Article 2 Municipal Ownership 9-511 – 9-520
Article 3 Municipal Bonds for Financing Utilities 9-521 – 9-540
Article 4 Industrial Gas Pipelines 9-551 – 9-554
Article 6 Financial Assistance from the Water Infrastructure Finance Authority of Arizona 9-571
Article 7 Charges for Use of Public Highways by Telecommunications Providers 9-581 – 9-584
Article 8 Use of Public Highways by Wireless Providers 9-591 – 9-599

Terms Used In Arizona Laws > Title 9 > Chapter 5

  • Accommodation: means any apartment, condominium or cooperative unit, cabin, lodge, hotel or motel room or other private or commercial structure that contains toilet facilities, that is designed and available for use and occupancy as a residence by one or more individuals and that is included in the offering of a timeshare plan. See Arizona Laws 33-2202
  • Action: includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. See Arizona Laws 33-2102
  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Affiliate: means an entity which directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with the entity specified. See Arizona Laws 6-901
  • Affiliate: means an entity which directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with the entity specified. See Arizona Laws 6-941
  • Agent: means a person who receives compensation to regularly perform services specifically related to the conduct of the trust business. See Arizona Laws 6-851
  • Allotment: means the allocation of an appropriation or other fund source over a full fiscal year within a budget program or expenditure class. See Arizona Laws 35-101
  • 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.
  • 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.
  • Antenna: means communications equipment that transmits or receives electromagnetic radio frequency signals and that is used in providing wireless services. See Arizona Laws 9-591
  • 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.
  • Applicable codes: means uniform building, fire, electrical, plumbing or mechanical codes that are adopted by a recognized national code organization or local amendments to those codes that are enacted to address threats of destruction of property or injury to persons and to an extent that is not inconsistent with this article. See Arizona Laws 9-591
  • Applicant: means any person that submits an application and that is a wireless provider. See Arizona Laws 9-591
  • Application: means a request that is submitted by an applicant to an authority for a permit to collocate small wireless facilities or to approve the installation, modification or replacement of a utility pole or wireless support structure. See Arizona Laws 9-591
  • Appraisal: A determination of property value.
  • 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
  • Appurtenances: means awnings, sheds, porches and other attachments to the recreational vehicle. See Arizona Laws 33-2102
  • Architect services: means those professional architect services that are within the scope of architectural practice as provided in title 32, chapter 1. See Arizona Laws 34-101
  • Area of jurisdiction: means that part of a city or town, or that part of the unincorporated area of a county, or both when applied to a cable television system within parts of more than one jurisdiction, for which a license is issued. See Arizona Laws 9-505
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Associate director: means the associate director of the citrus, fruit and vegetable division of the department. See Arizona Laws 3-441
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
  • Authority: means any city, town, special district or political subdivision of this state that is authorized to make legislative, quasi-judicial or administrative decisions concerning an application. See Arizona Laws 9-591
  • Authority utility pole: means a utility pole that is owned or operated by an authority and that is in a right-of-way. See Arizona Laws 9-591
  • Authorized agent: means a commercial enterprise that is contracted to process transactions on behalf of a state agency. See Arizona Laws 35-101
  • Bank: means a corporation that holds a banking permit issued pursuant to chapter 2 of this title. See Arizona Laws 6-101
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bond: means any bond issued pursuant to this article, including any tax secured bond. See Arizona Laws 9-521
  • Bonded stop notice: means a stop notice that is given to any construction lender and that is accompanied by a bond executed solely by one or more surety companies authorized to transact surety business in this state pursuant to title 20, chapter 2, article 1 in an amount equal to one hundred fifty per cent of the amount of the claim on the condition that if the owner, original contractor or construction lender recovers judgment in an action brought on a verified claim or on the lien filed by the claimant, the claimant would have sufficient monies to pay all costs and damages that the owner, original contractor or construction lender may sustain by reason of the stop notice claim or the lien, not exceeding the amount specified in the bond. See Arizona Laws 33-1051
  • Branch: means any banking office other than the principal banking office. See Arizona Laws 6-101
  • Budget estimates: means statements with accompanying explanations, as provided by this chapter, in which a budget unit states its financial requirements and requests appropriations. See Arizona Laws 35-101
  • Budget program: means functions and activities of a budget unit or within a budget unit that are preplanned to fulfill a distinct mission. See Arizona Laws 35-101
  • Budget unit: means any department, commission, board, institution or other agency of this state receiving, expending or disbursing state monies or incurring obligations against this state. See Arizona Laws 35-101
  • By-products: means any product from citrus fruit that is commercially processed or manufactured for resale. See Arizona Laws 3-441
  • Cable operator: means a person that is issued a license by the licensing authority to construct, operate and maintain a cable television system in public streets, roads and alleys. See Arizona Laws 9-505
  • Cable service: means the transmission to subscribers of video programming or other programming service and subscriber interaction, if any, that is required for the selection or use of the video programming or other programming service. See Arizona Laws 9-505
  • Cable television system: means any facility consisting of a set of closed transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service that includes video programming and that is provided to multiple subscribers within a community. See Arizona Laws 9-505
  • Capital: means the total of outstanding common stock, preferred stock and surplus and undivided profits. See Arizona Laws 6-851
  • Cardholder: means any person:

    (a) Named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer. See Arizona Laws 35-101

  • Certificate: means a certificate of authority issued under this chapter to engage in trust business. See Arizona Laws 6-851
  • Certificate: means a certificate of authority issued under this chapter to engage in trust business. See Arizona Laws 6-851
  • Change in use: means a change in the use of land from the rental of recreational vehicle spaces in a recreational vehicle park to some other use. See Arizona Laws 33-2102
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Child pornography: means the visual depiction of sexual exploitation of a minor as prescribed in section 13-3553. See Arizona Laws 34-501
  • citrus fruit: means the fruit of any orange, lemon, lime, grapefruit, tangerine, kumquat or other citrus tree that produces edible citrus fruit suitable for human consumption. See Arizona Laws 3-441
  • Claim: means a demand against the state for payment for either:

    (a) Goods delivered or, in the case of highway construction, goods or facilities to be delivered by the federal government. See Arizona Laws 35-101

  • collocation: means to install, mount, maintain, modify, operate or replace wireless facilities on, within or adjacent to a wireless support structure or utility pole. See Arizona Laws 9-591
  • Commercial mobile radio service: means two-way voice commercial mobile radio service as defined by the federal communications commission in 47 United States Code section 157. See Arizona Laws 9-581
  • Commercial mortgage banker: means a person who engages in the following:

    (a) Originating commercial mortgage loans. See Arizona Laws 6-971

  • Commercial mortgage broker: means a person who for compensation or in the expectation of compensation either directly or indirectly makes, negotiates or offers to make or negotiate a commercial mortgage loan. See Arizona Laws 6-901
  • Commercial mortgage loan: means a loan that is directly or indirectly secured by a mortgage or deed of trust or any lien interest on commercial property and that is created with the consent of the owner of the commercial property. See Arizona Laws 6-901
  • Commercial mortgage loan: means a loan that is directly or indirectly secured by a mortgage or deed of trust or any lien interest on commercial property and created with the consent of the owner of the commercial property. See Arizona Laws 6-971
  • Commercial property: means real estate that is located in this state and that is not used for a one to four family residence. See Arizona Laws 6-971
  • Commission merchant: means a person that receives on consignment or solicits from the producer any citrus fruit for sale on commission on behalf of the producer or accepts any citrus fruit in trust from the producer for the purpose of resale. See Arizona Laws 3-441
  • Common expenses: means the costs and expenses of and for operating the timeshare plan and timeshare property as set forth in the timeshare instrument. See Arizona Laws 33-2202
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Communications service: means cable service as defined in 47 United States Code section 522(6), information service as defined in 47 United States Code section 153(24), telecommunications service as defined in 47 United States Code section 153(53) or wireless service. See Arizona Laws 9-591
  • Community documents: means condominium documents as defined in section 33-1202 or community documents as defined in section 33-1802, including covenants, conditions and restrictions and deed restrictions applicable to the dwelling. See Arizona Laws 33-2001
  • Compatible: means a recreational vehicle that is in a similar condition as the majority of the other recreational vehicles in the recreational vehicle park, as determined by the maintenance, condition and overall appearance of the recreational vehicle. See Arizona Laws 33-2102
  • Compensation: means anything of value or any benefit, including points, commissions, bonuses, referral fees, loan origination fees and other similar fees but excluding periodic interest resulting from the application of the note rate of interest to the outstanding principal balance remaining unpaid from time to time. See Arizona Laws 6-901
  • Compensation: means anything of value or any benefit including points, commissions, bonuses, referral fees, loan origination fees and other similar fees but excluding periodic interest resulting from the application of the note rate of interest to the outstanding principal balance remaining unpaid from time to time. See Arizona Laws 6-941
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Construction lender: means any mortgagee or beneficiary under a deed of trust lending funds all or a portion of which defray the cost of the construction, alteration, repair or improvement or any assignee or successor in interest of either, or any escrow holder or other party holding any monies furnished or to be furnished by the owner or any other person as a source from which to pay construction costs. See Arizona Laws 33-1051
  • Construction services: means either of the following for construction-manager-at-risk, design-build and job-order-contracting project delivery methods:

    (a) Construction, excluding services, through the construction-manager-at-risk or job-order-contracting project delivery methods. See Arizona Laws 34-101

  • Construction-manager-at-risk: means a project delivery method in which:

    (a) There is a separate contract for design services and a separate contract for construction services, except that instead of a single contract for construction services, the agent may elect separate contracts for preconstruction services during the design phase, for construction during the construction phase and for any other construction services. See Arizona Laws 34-101

  • Contract: means all types of agent agreements, regardless of what they are called, for the procurement of assayer services, construction services, design services, geologist services or land surveying services. See Arizona Laws 34-601
  • Contract: means all types of agent agreements, regardless of what they are called, for the procurement of services pursuant to this title. See Arizona Laws 34-101
  • Contract: A legal written agreement that becomes binding when signed.
  • Contractor: means any person who has a contract with an agent for assayer services, construction services, design services, geologist services or land surveying services. See Arizona Laws 34-601
  • Contractor: means any person who has a contract with an agent. See Arizona Laws 34-101
  • Convenience fee: means an additional fee that is imposed by an authorized agent on a web-based or voice response portal transaction for the acceptance of a credit card that would not be charged if the same transaction were completed by an alternate method of payment. See Arizona Laws 35-101
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Credit card: means :

    (a) Any instrument or device, whether known as a credit card, charge card, credit plate, courtesy card or identification card or by any other name, that is issued with or without a fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value, either on credit or in possession or in consideration of an undertaking or guaranty by the issuer of the payment of a check drawn by the cardholder, on a promise to pay in part or in full at a future time, whether or not all or any part of the indebtedness represented by this promise to make deferred payment is secured or unsecured. See Arizona Laws 35-101

  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means a person that sells, markets or distributes citrus fruit that the person purchased from a producer or markets as an agent, broker or commission merchant, except at retail. See Arizona Laws 3-441
  • Debtor: means an individual whether married or single utilizing property described in this article for personal, family or household use. See Arizona Laws 33-1121
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Default: means the failure to perform on time any obligation or duty set forth in the rental agreement. See Arizona Laws 33-1701
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Arizona game and fish department in the case of motorized watercraft and the department of transportation in the case of all other vehicles. See Arizona Laws 33-1701
  • Department: means the department of financial institutions. See Arizona Laws 6-101
  • Dependent: A person dependent for support upon another.
  • Design professional: means an individual or firm that is registered by the state board of technical registration pursuant to title 32, chapter 1 to practice architecture, engineering, geology, landscape architecture or land surveying or any combination of those professions and persons employed by the registered individual or firm. See Arizona Laws 34-101
  • Design services: means architect services, engineer services or landscape architect services. See Arizona Laws 34-101
  • Design-bid-build: means a project delivery method in which:

    (a) There is a sequential award of two separate contracts. See Arizona Laws 34-101

  • Design-build: means a project delivery method in which:

    (a) There is a single contract for design services and construction services, except that instead of a single contract for design services and construction services, the agent may elect separate contracts for preconstruction services and design services during the design phase, for construction and design services during the construction phase and for any other construction services. See Arizona Laws 34-101

  • Developer: means either of the following:

    (a) Any person, corporation, partnership, limited liability company, trust or other entity, other than a sales agent, that creates a timeshare plan. See Arizona Laws 33-2202

  • Devise: To gift property by will.
  • Direct selection: means the selection of a technical registrant without the requirement of advertising or the use of a current register. See Arizona Laws 34-101
  • Discount fee: means the fee that is calculated and charged by the credit card issuer or a financial institution pursuant to an agreement for the processing of any credit card transaction. See Arizona Laws 35-101
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Docket: A log containing brief entries of court proceedings.
  • Dwelling: means a newly constructed single family or multifamily unit designed for residential use and property and improvements that are either owned by a homeowners' association or jointly by all of the members of a homeowners' association. See Arizona Laws 33-2001
  • 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
  • Electronic mail: means an electronic message or an executable program or computer file that contains an image of a message that is transmitted between two or more computers or electronic terminals and includes electronic messages that are transmitted within or between computer networks from which a confirmation of receipt is received. See Arizona Laws 33-1701
  • Eligible depository: means any commercial or savings bank or savings and loan association with its principal place of business in the United States which is insured by the federal deposit insurance corporation or any successor, or any other insuring instrumentality of the United States, in accordance with the applicable law of the United States or credit union which is insured by the national credit union administration. See Arizona Laws 35-310
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Encumbrance: means an obligation in the form of any purchase order, contract or other commitment that is chargeable to an appropriation or any other authorized fund source and for which a part of the fund source is reserved. See Arizona Laws 35-101
  • Engineer services: means those professional engineer services that are within the scope of engineering practice as provided in title 32, chapter 1. See Arizona Laws 34-101
  • Enterprise: means any person under the jurisdiction of the department other than a financial institution. See Arizona Laws 6-101
  • 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.
  • 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.
  • Expenditure class: means one of the kinds of expenditure denoting a class of services or commodities purchased or properties acquired as specified in the classification of expenditures prescribed by the director of the department of administration for use in expenditure accounting, in making budget estimates and in the budget reports and budgets. See Arizona Laws 35-101
  • 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.
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal deposit insurance corporation: includes any successor to the corporation or other agency or instrumentality of the United States that undertakes to discharge the purposes of the corporation. See Arizona Laws 6-101
  • Fee: means a onetime charge. See Arizona Laws 9-591
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: means a personal representative, administrator, guardian, conservator, trustee, agent or other person who acts in a fiduciary capacity and who is not exempt by section 6-852. See Arizona Laws 6-851
  • Fiduciary: means a personal representative, administrator, guardian, conservator, trustee, agent or other person who acts in a fiduciary capacity and who is not exempt by section 6-852. See Arizona Laws 6-851
  • Fiduciary: A trustee, executor, or administrator.
  • Finance services: means financing for a construction services project. See Arizona Laws 34-101
  • Financial institution: means banks, trust companies, savings and loan associations, credit unions, consumer lenders, international banking facilities and financial institution holding companies under the jurisdiction of the department. See Arizona Laws 6-101
  • 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.
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • 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
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Good faith: means honesty in fact in the conduct or transaction concerned. See Arizona Laws 33-2001
  • Good faith: means honesty in fact in the conduct or transaction concerned. See Arizona Laws 33-2102
  • Governing body: means the board, commission or other body having charge of the financial affairs of a municipality. See Arizona Laws 9-521
  • Governmental agency: includes this state, agencies, boards, commissions, departments, institutions and political subdivisions of this state, municipal corporations and all other public bodies which may enter into contracts for the construction or repair of highways, buildings or structures, or additions or alterations to highways, buildings or structures, or for the furnishing of equipment, labor or materials. See Arizona Laws 34-251
  • Grantee: includes every person to whom an estate or interest in real property passes, in or by a deed. See Arizona Laws 1-215
  • Grantor: includes every person from or by whom an estate or interest in real property passes, in or by a deed. See Arizona Laws 1-215
  • Gross revenues: means all cash, credits, property of any kind or nature, or other consideration, less related bad debt not to exceed one and one-half per cent annually, that is received directly or indirectly by the cable operator, its affiliates, subsidiaries or parent or any person, firm or corporation in which the cable operator has a financial interest or that has a financial interest in the cable operator and that is derived from the cable operator's operation of its cable system to provide cable service in the area of jurisdiction. See Arizona Laws 9-505
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guest: means a nonresident of a recreational vehicle park, over and above the limit set for the resident's space under the terms of the rental agreement or by park rules, who stays at the home of a person with constructive possession of the home with the consent of the resident for one or more nights and not more than fourteen days in any twelve month period. See Arizona Laws 33-2102
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • highway: means all roads, streets and alleys and all other dedicated public rights-of-way and public utility easements of this state or a political subdivision. See Arizona Laws 9-581
  • Horizontal construction: means construction of highways, roads, streets, bridges, canals, floodways, earthen dams, landfills, light rail and airport runways, taxiways and aprons. See Arizona Laws 34-101
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Industrial gas pipeline: means any pipeline or system of pipelines and all necessary appurtenances to the pipeline or system used to transport inert, nontoxic, nonflammable gas for industrial purposes to industrial users who pay for the service but does not include any pipeline or system of pipelines that transports gas for power, light or fuel. See Arizona Laws 9-551
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • insolvent: means the trust company does not possess assets that are at least equal to liabilities, required reserves and total issued and outstanding capital. See Arizona Laws 6-851
  • Institutional investor: means a person who in the regular course of business makes commercial mortgage loans of more than two hundred fifty thousand dollars that are funded exclusively from the institutional investor's own resources. See Arizona Laws 6-971
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • 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
  • Intergovernmental contract: means the joint exercise of powers authorized by title 11, chapter 7, article 3. See Arizona Laws 9-505
  • Intergovernmental contract: means a joint exercise of powers agreement authorized by title 11, chapter 7, article 3. See Arizona Laws 9-551
  • Investor: means a person who lends or invests money in mortgage loans. See Arizona Laws 6-901
  • Investor: means a person who directly or indirectly provides monies to a commercial mortgage banker that are, or are intended to be, used to make a loan, and any person who purchases a loan, or any interest in a loan, from a commercial mortgage banker or in a transaction that has been directly or indirectly arranged or negotiated by a commercial mortgage banker. See Arizona Laws 6-971
  • Job-order-contracting: means a project delivery method in which:

    (a) The contract is a requirements contract for indefinite quantities of construction. See Arizona Laws 34-101

  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • 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.
  • Landlord: means :

    (a) The owner, lessor, sublessor or operator, or any combination of these persons, of a recreational vehicle park. See Arizona Laws 33-2102

  • Landscape architect services: means those professional landscape architect services that are within the scope of landscape architectural practice as provided in title 32, chapter 1. See Arizona Laws 34-101
  • Last known address: means that postal address or electronic address provided by the occupant in the rental agreement or the postal address or electronic address provided by the occupant in a subsequent written notice of a change of address. See Arizona Laws 33-1701
  • Late fee: means a reasonable fee or charge that is assessed by the operator for the failure of the occupant to pay rent when due pursuant to section 33-1703, subsection D. See Arizona Laws 33-1701
  • Law: means any federal, state or local law, statute, common law, code, rule, regulation, order or ordinance. See Arizona Laws 9-591
  • 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
  • Leased space: means the storage space or spaces at the self-service storage facility that are rented to an occupant pursuant to a rental agreement. See Arizona Laws 33-1701
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • License: means a license issued under this article. See Arizona Laws 6-901
  • License: means a license issued under this article. See Arizona Laws 6-941
  • License: means a license issued under this article. See Arizona Laws 6-971
  • License: means that ordinance or resolution which contains the right, authority or grant, given by a licensing authority enabling a person to construct, operate and maintain a cable television system. See Arizona Laws 9-505
  • License: means that ordinance or resolution which contains the right, authority or grant given by a licensing authority enabling the license holder to construct, operate and maintain an industrial gas pipeline. See Arizona Laws 9-551
  • Licensee: means a person licensed under this article. See Arizona Laws 6-901
  • Licensee: means a person licensed under this article. See Arizona Laws 6-941
  • Licensee: means a person who is licensed under this article. See Arizona Laws 6-971
  • Licensing authority: means the board of supervisors of a county or the governing body of an incorporated city, including a charter city, or town. See Arizona Laws 9-505
  • Licensing authority: means the board of supervisors of a county or the governing body of an incorporated city or town. See Arizona Laws 9-551
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Lot: means a unit of identical or similar items that are grouped or consolidated in one or more containers for packaging or transporting or a cluster of identical or similar items that are included in the same shipping order, bill of lading or other itemized transport order. See Arizona Laws 3-441
  • Maintenance services: means routine maintenance, repair and replacement of existing facilities, structures, buildings or real property. See Arizona Laws 34-101
  • Managing agent: means a person, corporation, partnership or limited liability company that is authorized by the owner to operate and manage the property. See Arizona Laws 33-1901
  • Minor: means a person under the age of eighteen years. See Arizona Laws 1-215
  • Mobile home: means either of the following:

    (a) A residential structure that was manufactured on or before June 15, 1976, that is transportable in one or more sections, eight feet or more in body width, over thirty feet in body length with the hitch, built on an integral chassis, designed to be used as a dwelling when connected to the required utilities and not originally sold as a travel trailer or recreational vehicle and that includes the plumbing, heating, air conditioning and electrical systems in the structure. See Arizona Laws 33-2102

  • Mobile home park: means any parcel of land that contains four or more mobile home spaces and two or more recreational vehicle spaces. See Arizona Laws 33-2102
  • Mobile home space: means a parcel of land for rent that has been designed to accommodate a mobile home and provide the required sewer and utility connections. See Arizona Laws 33-2102
  • Monopole: means a wireless support structure that is not more than forty inches in diameter at the ground level and that has all of the wireless facilities mounted on the pole or contained inside of the pole. See Arizona Laws 9-591
  • Month: means a calendar month unless otherwise expressed. See Arizona Laws 1-215
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage banker: means a person who is not exempt under section 6-942 and who for compensation or in the expectation of compensation either directly or indirectly makes, negotiates or offers to make or negotiate a mortgage banking loan or a mortgage loan. See Arizona Laws 6-941
  • Mortgage banking loan: means a loan which is funded exclusively from the mortgage banker's own resources, which is directly or indirectly secured by a mortgage or deed of trust or any lien interest on real estate located in this state and which is created with the consent of the owner of the real property. See Arizona Laws 6-941
  • Mortgage banking loan closing: means the day by which all documents relating to the mortgage banking loan or mortgage loan have been executed and recorded and all monies have been accounted for. See Arizona Laws 6-941
  • Mortgage broker: means a person who is not exempt under section 6-902 and who for compensation or in the expectation of compensation either directly or indirectly makes, negotiates or offers to make or negotiate a mortgage loan. See Arizona Laws 6-901
  • Mortgage loan: means a loan secured by a mortgage or deed of trust or any lien interest on real estate located in this state created with the consent of the owner of the real estate. See Arizona Laws 6-901
  • Mortgage loan: means any loan, other than a mortgage banking loan, secured by a mortgage or deed of trust or any lien interest on real estate located in this state and created with the consent of the owner of the real estate. See Arizona Laws 6-941
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgage loan closing: means the day by which all documents relating to the mortgage loan have been executed and recorded and all monies have been accounted for under the terms of the escrow instructions. See Arizona Laws 6-901
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Municipality: means any incorporated city or town. See Arizona Laws 9-521
  • 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
  • National credit union administration: includes any successor to the organization or other agency or instrumentality of the United States that undertakes to discharge the purposes of the organization. See Arizona Laws 6-101
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • negligently: import a want of such attention to the nature or probable consequence of the act or omission as a prudent man ordinarily bestows in acting in his own concerns. See Arizona Laws 1-215
  • Net proceeds: means the total proceeds received from the lien sale minus the total amount of the lien. See Arizona Laws 33-1701
  • Notice: means delivery by hand or mailed by registered or certified mail to the last known address of the landlord or tenant. See Arizona Laws 33-2102
  • Oath: includes an affirmation or declaration. See Arizona Laws 1-215
  • 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.
  • Occupant: means a person or the person's sublessee, successor or assign that is entitled to the use of the leased space at a self-service storage facility under a rental agreement, to the exclusion of others. See Arizona Laws 33-1701
  • Operating monies: means those treasury monies the interest from which is paid to the state general fund. See Arizona Laws 35-310
  • Operations services: means routine operation of existing facilities, structures, buildings or real property. See Arizona Laws 34-101
  • Operator: means the owner, operator, lessor or sublessor of a self-service storage facility, an agent or any other person authorized to manage the facility. See Arizona Laws 33-1701
  • Organization: includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest and any other legal or commercial entity that is a landlord, owner, manager or designated agent. See Arizona Laws 33-2102
  • Original contractor: means any contractor who has a direct contractual relationship with the owner. See Arizona Laws 33-1051
  • own resources: means any of the following:

    (a) Cash, corporate capital, warehouse credit lines at commercial banks, savings banks or savings and loan associations or other sources that are liability items on the mortgage banker's financial statements for which its assets are pledged. See Arizona Laws 6-941

  • Own resources: means any of the following:

    (a) Cash, corporate capital, warehouse credit lines at commercial banks, savings banks or savings and loan associations or other sources that are liability items on the person's financial statements. See Arizona Laws 6-971

  • Owner: means one or more persons, jointly or severally, in whom is vested all or part of the legal title to property or all or part of the beneficial ownership and a right to present use and enjoyment of the premises. See Arizona Laws 33-2102
  • Owner: means the owners of a timeshare interest in a timeshare plan, other than as security for an obligation. See Arizona Laws 33-2202
  • 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.
  • Permanent endowment funds: means those funds or any part of a fund, established by law, to retain trust monies, not wholly expendable by the beneficiary on a current basis. See Arizona Laws 35-310
  • Permit: means written permission required by an authority to install, mount, maintain, modify, operate or replace a utility pole or monopole, to collocate a small wireless facility on a utility pole or wireless support structure or to collocate wireless facilities on a monopole. See Arizona Laws 9-591
  • Person: includes an individual, firm, association, partnership, trust or corporation. See Arizona Laws 3-441
  • Person: means an individual, corporation, limited liability company, partnership, association, trust or other entity or organization, including an authority. See Arizona Laws 9-591
  • Person: includes a company, partnership or firm as well as a natural person. See Arizona Laws 33-2102
  • Person: means any corporation, business, individual, union, committee, club, other organization or group of individuals. See Arizona Laws 34-101
  • Person: means any individual, partnership, corporation, association or other entity formed for the purpose of doing business as a contractor, subcontractor or supplier. See Arizona Laws 34-251
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Personal property: means movable property that is not affixed to land and includes goods, wares, merchandise, household items and furnishings and vehicles. See Arizona Laws 33-1701
  • Personal property: includes money, goods, chattels, things in action and evidences of debt. See Arizona Laws 1-215
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Political subdivision: means a city, town or county, or a special district of a city, town or county. See Arizona Laws 9-581
  • Population: means the population according to the most recent United States decennial census. See Arizona Laws 1-215
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Preconstruction services: means services and other activities during the design phase. See Arizona Laws 34-101
  • Premises: means the recreational vehicle park and existing facilities and appurtenances in the park, including furniture and utilities, if applicable, and grounds, areas and existing facilities held out for the use of tenants generally or whose use is promised to the tenant. See Arizona Laws 33-2102
  • Prepayment: means the payment of a claim before receiving the goods or services. See Arizona Laws 35-101
  • Private easement: means an easement or other real property right that is only for the benefit of the grantor and grantee and the grantor's or grantee's successors and assigns. See Arizona Laws 9-591
  • Process: means execution, attachment, garnishment, replevin, sale or any final process issued from any court or any other judicial remedy provided for collection of debts. See Arizona Laws 33-1121
  • Processing fee: means a fee that is charged by an entity other than a credit card issuer or the processing financial institution to process a credit card transaction. See Arizona Laws 35-101
  • Producer: means a person that is engaged in this state in the business of producing or causing citrus fruit to be produced for market in commercial quantities. See Arizona Laws 3-441
  • professional services: means architectural practice, engineering practice or land surveying practice as defined in section 32-101. See Arizona Laws 33-1007
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Prospective tenant: means a person who expresses an interest to a landlord in becoming a tenant. See Arizona Laws 33-2102
  • Protected property: means personal property for which the sale or disposal is regulated by state or federal law and that is one of the following:

    (a) Documents, files or electronic data that contains personal information relating to clients, customers, patients or others in connection with the occupant's business. See Arizona Laws 33-1701

  • Public access computer: means a computer that is all of the following:

    (a) Located in a public school or public library. See Arizona Laws 34-501

  • Public competition: means a competitive procurement process pursuant to section 34-103, subsection G that includes advertising in a public newspaper and a qualification-based selection process. See Arizona Laws 34-101
  • public money: as used in this article includes bonds and evidence of indebtedness, and money belonging to, received or held by, state, county, district, city or town officers in their official capacity. See Arizona Laws 35-302
  • Purchase order: means a document that is signed by the appropriate agency authorized signatory, that requests a vendor to deliver described goods or services at a specific price and that on delivery and acceptance of the goods or services by this state becomes an obligation of this state. See Arizona Laws 35-101
  • Quorum: The number of legislators that must be present to do business.
  • Rate: means a recurring charge. See Arizona Laws 9-591
  • Real Estate Settlement Procedures Act: Federal law that, among other things, requires lenders to provide "good faith" estimates of settlement costs and make other disclosures regarding the mortgage loan. RESPA also limits the amount of funds held in escrow for real estate taxes and insurance. Source: OCC
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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
  • Recreational vehicle: means a vehicular type unit that is any of the following:

    (a) A portable camping trailer mounted on wheels and constructed with collapsible partial sidewalls that fold for towing by another vehicle and unfold for camping. See Arizona Laws 33-2102

  • Recreational vehicle space: means a parcel of land for rent that has been designed to accommodate a recreational vehicle and provide the required sewer and utility connections. See Arizona Laws 33-2102
  • Registered mail: includes certified mail. See Arizona Laws 1-215
  • Registered owner: means an owner of a vehicle as stated in the official records of the department. See Arizona Laws 33-1701
  • 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.
  • Rent: means payments to be made to the landlord or designated agent in full consideration for the rented premises. See Arizona Laws 33-2102
  • Rental agreement: means oral or written leases or agreements and valid rules embodying the terms and conditions concerning the use and occupancy of a recreational vehicle space. See Arizona Laws 33-2102
  • Rental agreement: means any written agreement provided to the occupant that establishes or modifies the terms, conditions or rules concerning the use and occupancy of leased space at a self-service storage facility. See Arizona Laws 33-1701
  • Resident: means a person entitled under a rental agreement to occupy a recreational vehicle space to the exclusion of others. See Arizona Laws 33-2102
  • Residential rental property: means property that is used solely as leased or rented property for residential purposes. See Arizona Laws 33-1901
  • Right-of-way: means the area on, below or above a public roadway, highway, street, sidewalk, alley or utility easement. See Arizona Laws 9-591
  • Savings account: means monies received or held by the trust company in the usual course of business and for which the trust company is obligated to give conditional or unconditional credit. See Arizona Laws 6-881
  • Security deposit: means money or property given to assure payment or performance under a rental agreement. See Arizona Laws 33-2102
  • Self-service storage facility: means any real property used for renting or leasing storage spaces in which the occupants themselves customarily store and remove their own personal property on a self-service basis. See Arizona Laws 33-1701
  • Seller: means any of the following:

    (a) Any person, firm, partnership, corporation, association or other organization that is engaged in the business of building or selling dwellings. See Arizona Laws 33-2001

  • Service fee or surcharge: means a fee, whether fixed or variable, that is in addition to the transaction amount, that is charged by a state agency when the state agency accepts a credit card for payment and that is necessary for the state agency to process the payment. See Arizona Laws 35-101
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Shipper: means a person that ships, transports, sells or markets citrus fruit under the person's registered trademark or label or a person that first markets the citrus fruit on behalf of the producer. See Arizona Laws 3-441
  • Slum property: means residential rental property that has deteriorated or is in a state of disrepair and that manifests one or more of the following conditions that are a danger to the health or safety of the public:

    (a) Structurally unsound exterior surfaces, roof, walls, doors, floors, stairwells, porches or railings. See Arizona Laws 33-1901

  • Small wireless facility: means a wireless facility that meets both of the following qualifications:

    (a) All antennas are located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of the antenna's exposed elements could fit within an imaginary enclosure of not more than six cubic feet in volume. See Arizona Laws 9-591

  • Special taxing district: means a special district formed pursuant to title 48, chapter 11, 12, 17, 18, 19, 20 or 22. See Arizona Laws 9-591
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Stop notice: means a written notice that is signed and verified by the claimant or its agent and that states in general terms all of the following:

    (a) A description of the labor, professional services, materials, machinery, fixtures or tools furnished or agreed to be furnished by the claimant. See Arizona Laws 33-1051

  • Subcontractor: means a person who contracts to perform work or render service to a contractor or to another subcontractor as a part of a contract with an agent. See Arizona Laws 34-101
  • Summons: Another word for subpoena used by the criminal justice system.
  • Superintendent: means the superintendent of financial institutions. See Arizona Laws 6-101
  • Technical registrant: means a person who provides any of the professional services listed in title 32, chapter 1. See Arizona Laws 34-101
  • Technology protection measure: means a technology that blocks or filters internet access to visual depictions. See Arizona Laws 34-501
  • Telecommunications: means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. See Arizona Laws 9-581
  • Telecommunications corporation: means any public service corporation to the extent that it provides telecommunications services in this state. See Arizona Laws 9-581
  • Telecommunications services: means the offering of telecommunications for a fee directly to the public, or to such users as to be effectively available directly to the public, regardless of the facilities used. See Arizona Laws 9-581
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
  • Tenant: means a person signing a rental agreement or otherwise agreeing with a landlord for the occupancy of a recreational vehicle space for more than one hundred eighty days. See Arizona Laws 33-2102
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Time deposit: means a deposit that the depositor does not have a right to withdraw for at least seven days after the date of deposit. See Arizona Laws 6-881
  • Timeshare estate: means the right of occupancy in a timeshare property that is coupled with an estate in real property. See Arizona Laws 33-2202
  • Timeshare instrument: means one or more documents creating or governing the operation of a timeshare plan. See Arizona Laws 33-2202
  • Timeshare interest: means either a timeshare estate or a timeshare use. See Arizona Laws 33-2202
  • Timeshare property: means one or more accommodations that are subject to the same timeshare instrument, together with any other property or rights to property appurtenant to those accommodations. See Arizona Laws 33-2202
  • Title: includes this title, title 32, chapters 9 and 36 and title 44, chapter 2. See Arizona Laws 6-101
  • Transaction amount: means the total amount due to the state for any goods, service or license or anything else of value. See Arizona Laws 35-101
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Treasury monies: means all monies in the treasury of this state or coming lawfully into the possession or custody of the state treasurer. See Arizona Laws 35-310
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trust business: means the holding out by a person to the public at large by advertising, solicitation or other means that the person is available to act as a fiduciary in this state and accepting and undertaking to perform the duties as such a fiduciary in the regular course of business. See Arizona Laws 6-851
  • Trust company: means a corporation holding a certificate issued under this article. See Arizona Laws 6-851
  • Trust company: means a corporation holding a certificate issued under this article. See Arizona Laws 6-851
  • Trust monies: means treasury monies, other than operating monies, that are entrusted to the state treasurer for preservation and investment. See Arizona Laws 35-310
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Utility pole: means a pole or similar structure that is used in whole or in part for communications services, electric distribution, lighting or traffic signals. See Arizona Laws 9-591
  • Utility undertaking: means any one or combination of the following:

    (a) Electric light or power, water, storm water, sewer, gas, common carrier of passengers, garbage, or rubbish plant or system, including but not limited to disposal, treatment or reduction plants, buildings, incinerators, dams and reservoirs. See Arizona Laws 9-521

  • 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.
  • Vehicle: means a motor vehicle, a trailer or a semitrailer as defined in section 28-101 and a motorized watercraft as defined in section 5-301. See Arizona Laws 33-1701
  • Verified mail: means any method of mailing that is offered by the United States postal service and that provides evidence of mailing. See Arizona Laws 33-1701
  • Wilfully: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 1-215
  • Wireless provider: means a cable operator, wireless infrastructure provider or wireless services provider. See Arizona Laws 9-591
  • Wireless services: means any services that are provided to the public and that use licensed or unlicensed spectrum, whether at a fixed location or mobile, using wireless facilities. See Arizona Laws 9-591
  • Writ: means an order or precept in writing issued in the name of the state or by a court or judicial officer. See Arizona Laws 1-215
  • Writing: includes printing. See Arizona Laws 1-215