Terms Used In Utah Code > Title 10 > Chapter 2a - Municipal Incorporation

• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Agency: means a community reinvestment agency functioning pursuant to Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act. See Utah Code 11-25-3
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assisted living facility: means the same as that term is defined in Section 26B-2-201. See Utah Code 26B-2-301
• Authorized person: means an employee or agent:

  (a)	of a public utility that: (i)  generates, transmits, or delivers electricity; or (ii)  provides and whose work relates to communication services;

  (b)	of an industrial plant whose work relates to the electrical system of the industrial plant;

  (c)	of a cable television or communication services company, or of a contractor of cable television or communication services company, if specifically and expressly authorized by the owner of the poles to make cable television or communication services attachments; or

  (d)

  of a state, county, or municipal agency which has or whose work relates to: (i)  overhead electrical lines; (ii)  overhead lighting systems; (iii)  authorized overhead circuit construction; (iv)  conductors on poles; or (v)  structures of any type. See Utah Code 54-8c-1 Auxiliary aids and services: means items, equipment, or services that assist in effective communication between an individual who has a mental, hearing, vision, or speech disability and another individual. See Utah Code 26B-2-301 Board: means the Board of State History created in Section 9-8-204. See Utah Code 9-8-901 Bonds: means bonds, notes, or other evidences of indebtedness. See Utah Code 11-17-2 Capacity building: means strengthening an individual's or a community's ability to participate in shared decision making. See Utah Code 26B-2-501 Capacity limit: means the maximum number of qualifying children that a regulated provider may care for at any given time, in accordance with rules made by the department. See Utah Code 26B-2-401 Center based child care: means child care provided in a facility or program that is not the home of the provider. See Utah Code 26B-2-401 Certified provider: means a person who holds a certificate from the department under Section 26B-2-404. See Utah Code 26B-2-401 Child care: means continuous care and supervision of a qualifying child, that is: (a)  in lieu of care ordinarily provided by a parent in the parent's home; (b)  for less than 24 hours a day; and (c)  for direct or indirect compensation. See Utah Code 26B-2-401 Child care program: means a child care facility or program operated by a regulated provider. See Utah Code 26B-2-401 Citizen participation: means action by the agency to provide persons who will be affected by residential rehabilitation financed under the provisions of this part with opportunities to be involved in planning and carrying out the residential rehabilitation program. See Utah Code 11-25-3 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Common facilities: means all works and facilities: (a)  owned or used by two or more public power entities or power utilities; and (b)  necessary to the generation, transmission, or distribution of electric power and energy. See Utah Code 54-9-102 Community health worker: means an individual who: (a)  works to improve a social determinant of health; (b)  acts as an intermediary between a community and health services or social services to: (i)  facilitate access to services; or (ii)  improve the quality and cultural competence of service delivery; and (c)  increases health knowledge and self-sufficiency of an individual or a community through outreach, capacity building, community education, informal counseling, social support, and other similar activities. See Utah Code 26B-2-501 Contact sponsor: means the person designated in the feasibility request as the contact sponsor under Subsection 10-2a-202(2)(d). See Utah Code 10-2a-102 Contiguous: means , except as provided in Subsection (1)(b)(ii), the same as that term is defined in Section 10-1-104. See Utah Code 10-2a-102 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 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 legislative body: means :Utah Code 68-3-12.5 Deed: The legal instrument used to transfer title in real property from one person to another. Department: means the Department of Cultural and Community Engagement. See Utah Code 9-1-102 Devise: To gift property by will. Director: means the director of the Division of State History. See Utah Code 9-8-102 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. 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. Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102 Executive director: means the executive director of the Department of Cultural and Community Engagement. See Utah Code 9-1-102 Exempt provider: means a person who provides care described in Subsection 26B-2-405(2). See Utah Code 26B-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. 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 financing: includes the issuing of bonds by a municipality, county, or state university for the purpose of using a portion, or all or substantially all of the proceeds to pay for or to reimburse the user, lender, or the user or lender's designee for the costs of the acquisition of facilities of a project, or to create funds for the project itself where appropriate, whether these costs are incurred by the municipality, the county, the state university, the user, or a designee of the user. See Utah Code 11-17-2 Financing: means the lending of money or any other thing of value for the purpose of residential rehabilitation. See Utah Code 11-25-3 Fiscal 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 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)  for a county, city, town, or metro township, the legislative body of the county, city, town, or metro township; (b)  for the military installation development authority created in Section 63H-1-201, the board, as defined in Section 63H-1-102; (c)  for a state university except as provided in Subsection (4)(d), the board or body having the control and supervision of the state university; and (d)  for a nonprofit corporation or foundation created by and operating under the auspices of a state university, the board of directors or board of trustees of that corporation or foundation. See Utah Code 11-17-2 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. Guardian: includes a person who:Utah Code 68-3-12.5 High voltage: means voltage in excess of 600 volts measured between: (a)  conductors; or (b)  a conductor and the ground. See Utah Code 54-8c-1 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 Industrial park: includes the development of the land for an industrial park under this chapter or the acquisition and provision of water, sewerage, drainage, street, road, sidewalk, curb, gutter, street lighting, electrical distribution, railroad, or docking facilities, or any combination of them, but only to the extent that these facilities are incidental to the use of the land as an industrial park. See Utah Code 11-17-2 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 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 Licensed provider: means a person who holds a license from the department under Section 26B-2-403. See Utah Code 26B-2-401 Licensing committee: means the Child Care Provider Licensing Committee created in Section 26B-1-204. See Utah Code 26B-2-401 Long-term care facility: means : (i)  a skilled nursing facility; (ii)  except as provided in Subsection (6)(b), an intermediate care facility; (iii)  a nursing home; (iv)  a small health care facility; (v)  a small health care facility type N; or (vi)  an assisted living facility. See Utah Code 26B-2-301 Mortgage: means a mortgage, trust deed, or other security device. See Utah Code 11-17-2 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Municipal: means of or relating to a municipality. See Utah Code 10-1-104 Municipality: means any incorporated city, town, or metro township in the state, including cities or towns operating under home rule charters. See Utah Code 11-17-2 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. Office: means the State Historic Preservation Office created in Section 9-8-902. See Utah Code 9-8-901 Officer: means the state historic preservation officer, appointed in accordance with Section 9-8-903. See Utah Code 9-8-901 Ombudsman: means the administrator of the long-term care ombudsman program, created pursuant to Section 26B-2-303. See Utah Code 26B-2-301 Ombudsman program: means the Long-Term Care Ombudsman Program. See Utah Code 26B-2-301 Overhead line: means all bare or insulated electrical conductors installed above the ground. See Utah Code 54-8c-1 Oversight: Committee review of the activities of a Federal agency or program. Participating party: means any person, company, corporation, partnership, firm, agency, political subdivision of the state, or other entity or group of entities requiring financing for residential rehabilitation pursuant to the provisions of this part. See Utah Code 11-25-3 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. 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 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. Project: means : (i)  an industrial park, land, interest in land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination of them, whether or not in existence or under construction: (A)  that is suitable for industrial, manufacturing, warehousing, research, business, and professional office building facilities, commercial, shopping services, food, lodging, low income rental housing, recreational, or any other business purposes; (B)  that is suitable to provide services to the general public; (C)  that is suitable for use by any corporation, person, or entity engaged in health care services, including hospitals, nursing homes, extended care facilities, facilities for the care of persons with a physical or mental disability, and administrative and support facilities; or (D)  that is suitable for use by a state university for the purpose of aiding in the accomplishment of its authorized academic, scientific, engineering, technical, and economic development functions; (ii)  any land, interest in land, building, structure, facility, system, fixture, improvement, appurtenance, machinery, equipment, or any combination of them, used by any individual, partnership, firm, company, corporation, public utility, association, trust, estate, political subdivision, state agency, or any other legal entity, or its legal representative, agent, or assigns, for the reduction, abatement, or prevention of pollution, including the removal or treatment of any substance in process material, if that material would cause pollution if used without the removal or treatment; (iii)  an energy efficiency upgrade; (iv)  a renewable energy system; (v)  facilities, machinery, or equipment, the manufacturing and financing of which will maintain or enlarge domestic or foreign markets for Utah industrial products; or (vi)  any economic development or new venture investment fund to be raised other than from: (A)  municipal or county general fund money; (B)  money raised under the taxing power of any county or municipality; or (C)  money raised against the general credit of any county or municipality. See Utah Code 11-17-2 Public power entity: means : (a)  a city or town that owns a system for the generation, transmission, or distribution of electric power and energy for public or private use; and (b)  an interlocal entity. See Utah Code 54-9-102 Public school: means : (a)  a school, including a charter school, that: (i)  is directly funded at public expense; and (ii)  provides education to qualifying children for any grade from first grade through twelfth grade; or (b)  a school, including a charter school, that provides: (i)  preschool or kindergarten to qualifying children, regardless of whether the preschool or kindergarten is funded at public expense; and (ii)  education to qualifying children for any grade from first grade through twelfth grade, if each grade, from first grade to twelfth grade, that is provided at the school, is directly funded at public expense. See Utah Code 26B-2-401 Public utility: includes every railroad corporation, gas corporation, electrical corporation, distribution electrical cooperative, wholesale electrical cooperative, telephone corporation, telegraph corporation, water corporation, sewerage corporation, heat corporation, and independent energy producer not described in Section 54-2-201 where the service is performed for, or the commodity delivered to, the public generally, or in the case of a gas corporation or electrical corporation where the gas or electricity is sold or furnished to any member or consumers within the state for domestic, commercial, or industrial use. See Utah Code 54-2-1 Public utility: means any entity that generates, transmits, or distributes electrical energy, including any: (a)  public utility as defined in Title 54, Chapter 2, General Provisions; (b)  municipality as defined in Title 10, Utah Municipal Code; (c)  agricultural cooperative association as defined in Title 3, Uniform Agricultural Cooperative Association Act; (d)  improvement district as defined in Section 17B-1-102; or (e)  entity created pursuant to Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 54-8c-1 Qualifying child: means an individual who is: (a)  (i)  under the age of 13 years old; or (ii)  under the age of 18 years old, if the person has a disability; and (b)  a child of: (i)  a person other than the person providing care to the child; (ii)  a regulated provider, if the child is under the age of four; or (iii)  an employee or owner of a licensed child care center, if the child is under the age of four. See Utah Code 26B-2-401 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. 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 Regulated provider: means a licensed provider or certified provider. See Utah Code 26B-2-401 Residence: means a residential structure in residential rehabilitation areas. See Utah Code 11-25-3 Resident: means an individual who resides in a long-term care facility. See Utah Code 26B-2-301 Residential child care: means child care provided in the home of the provider. See Utah Code 26B-2-401 Residential rehabilitation: means the construction, reconstruction, renovation, replacement, extension, repair, betterment, equipping, developing, embellishing, or otherwise improving residences consistent with standards of strength, effectiveness, fire resistance, durability, and safety, so that the structures are satisfactory and safe to occupy for residential purposes and are not conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime because of any one or more of the following factors: (a)  defective design and character of physical construction; (b)  faulty interior arrangement and exterior spacing; (c)  high density of population and overcrowding; (d)  inadequate provision for ventilation, light, sanitation, open spaces, and recreation facilities; (e)  age, obsolescence, deterioration, dilapidation, mixed character, or shifting of uses; and (f)  economic dislocation, deterioration, or disuse, resulting from faulty planning. See Utah Code 11-25-3 Residential rehabilitation area: means the geographical area designated by the agency as one for inclusion in a comprehensive residential rehabilitation financing program pursuant to the provisions of this chapter. See Utah Code 11-25-3 Responsible party: means any person who contracts to perform, is responsible for the performance of, or has control over, any function or activity at any location. See Utah Code 54-8c-1 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 State university: means an institution of higher education as described in Section 53B-2-101 and includes any nonprofit corporation or foundation created by and operating under their authority. See Utah Code 11-17-2 Statute: A law passed by a legislature. Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Town: 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 Trustee: A person or institution holding and administering property in trust. Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC Unincorporated: means not within a municipality. See Utah Code 10-1-104 Uphold: The decision of an appellate court not to reverse a lower court decision. User: means the person, whether natural or corporate, who will occupy, operate, maintain, and employ the facilities of, or manage and administer a project after the financing, acquisition, or construction of it, whether as owner, manager, purchaser, lessee, or otherwise. See Utah Code 11-17-2 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. Writing: includes :Utah Code 68-3-12.5