Utah Code > Title 10 > Chapter 3 – Municipal Government


Part 2	Election of Governing Body	10-3-201 – 10-3-209
Part 3	Membership on Governing Body, Vacancies, and Power to Vote	10-3-301 – 10-3-302
Part 5	Meetings, Procedure, and Conduct – Voting	10-3-502 – 10-3-508
Part 6	Public Meetings, Executive Sessions, Records and Publication, Procedure	10-3-601 – 10-3-610
Part 7	Municipal Ordinances, Resolutions, and Procedure	10-3-701 – 10-3-719
Part 8	Municipal Administration	10-3-801 – 10-3-831
Part 9	Appointed Officials and Their Duties	10-3-902 – 10-3-928
Part 10	Civil Service Commission	10-3-1001 – 10-3-1013
Part 11	Personnel Rules and Benefits	10-3-1103 – 10-3-1110
Part 13	Municipal Officers’ and Employees’ Ethics Act	10-3-1301 – 10-3-1312

Terms Used In Utah Code > Title 10 > Chapter 3 - Municipal Government

Adequate protests: means , for all proposed assessment areas except sewer assessment areas, timely filed, written protests under Section 11-42-203 that represent at least 40% of the frontage, area, taxable value, fair market value, lots, number of connections, or equivalent residential units of the property proposed to be assessed, according to the same assessment method by which the assessment is proposed to be levied, after eliminating:

(i)

protests relating to:

(A)	property that has been deleted from a proposed assessment area; or

(B)	an improvement that has been deleted from the proposed improvements to be provided to property within the proposed assessment area; and

(ii)

protests that have been withdrawn under Subsection 11-42-203(3). See Utah Code 11-42-102

Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5

Advance refunding bonds: means refunding bonds issued for the purpose of refunding outstanding bonds in advance of their maturity. See Utah Code 11-27-2

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.

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

Agreement: means an oral or written agreement between a public entity and a person. See Utah Code 11-41-102

Allegation: something that someone says happened.

Alternative fuel vehicle: means a motor vehicle that is not powered exclusively by a petroleum fuel source. See Utah Code 11-44-102

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.

Annualized billing period: means :

(a)	a 12-month billing cycle beginning on April 1 of one year and ending on March 31 of the following year; or

(b)

an additional 12-month billing cycle as defined by an electrical corporation's net metering tariff or rate schedule. See Utah Code 54-15-102

Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.

Applicant: means any person who requests assistance under the medical programs of the state. See Utah Code 26B-3-101

Applicant: means a person who seeks employment with a public water utility, either as an employee or as an independent contractor, and who, after employment, would, in the judgment of the public water utility, be in a position to affect the safety or security of the publicly owned treatment works or public water system or to affect the safety or well-being of patrons of the public water utility. See Utah Code 11-40-101

Appointed officer: means any person appointed to any statutory office or position or any other person appointed to any position of employment with a city or with a community reinvestment agency under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act. See Utah Code 10-3-1303

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

Arrest: Taking physical custody of a person by lawful authority.

Assessment: means the assessment that a specified county levies on benefitted properties under this chapter to pay for beneficial activities. See Utah Code 11-42b-101

Assessment area: means an area, or, if more than one area is designated, the aggregate of all areas within a local entity's jurisdictional boundaries that is designated by a local entity under 2, for the purpose of financing the costs of improvements, operation and maintenance, or economic promotion activities that benefit property within the area. See Utah Code 11-42-102

Assessment area: means a convention and tourism business assessment area designated under this chapter. See Utah Code 11-42b-101

Assessment bonds: means bonds that are:

(a)	issued under Section 11-42-605; and

(b)

payable in part or in whole from assessments levied in an assessment area, improvement revenues, and a guaranty fund or reserve fund. See Utah Code 11-42-102

Assessment fund: means a special fund that a local entity establishes under Section 11-42-412. See Utah Code 11-42-102

Assessment lien: means a lien on property within an assessment area that arises from the levy of an assessment, as provided in Section 11-42-501. See Utah Code 11-42-102

Assessment method: means the method:

(a)	by which an assessment is levied against benefitted property, whether by frontage, area, taxable value, fair market value, lot, parcel, number of connections, equivalent residential unit, any combination of these methods, or any other method; and

(b)

that, when applied to a benefitted property, accounts for an assessment that meets the requirements of Section 11-42-409. See Utah Code 11-42-102

Assessment ordinance: means an ordinance adopted by a local entity under Section 11-42-404 that levies an assessment on benefitted property within an assessment area. See Utah Code 11-42-102

Assessment resolution: means a resolution adopted by a local entity under Section 11-42-404 that levies an assessment on benefitted property within an assessment area. See Utah Code 11-42-102

Assessments: means a special tax levied against property within a special improvement district to pay all or a portion of the costs of making improvements in the district. See Utah Code 11-27-2

Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.

Assignment agreement: means the agreement, security agreement, indenture, or other documentation by which the county transfers the delinquent tax receivables to the authority in consideration of the amounts paid by the authority under the assignment agreement, as provided in this chapter. See Utah Code 11-32-2

Assist: means to act, or offer or agree to act, in such a way as to help, represent, aid, advise, furnish information to, or otherwise provide assistance to a person or business entity, believing that such action is of help, aid, advice, or assistance to such person or business entity and with the intent to assist such person or business entity. See Utah Code 10-3-1303

Attorney general: means the attorney general of the state or one of his assistants. See Utah Code 11-30-2

authority: means a nonprofit corporation organized under this chapter by a county on behalf of the participant members within the county as the financing authority for the participant members solely for the purpose of financing the assignment of the delinquent tax receivables of the participant members for which it was created. See Utah Code 11-32-2

Authorized officer: means any individual required or permitted by any law or by the issuing public entity to execute on behalf of the public entity, a certificated registered public obligation or a writing relating to an uncertificated registered public obligation. See Utah Code 15-7-2

Avoided costs: means the incremental costs to an electrical corporation of electric energy or capacity or both that, due to the purchase of electric energy or capacity or both from small power production or cogeneration facilities, the electrical corporation would not have to generate itself or purchase from another electrical corporation. See Utah Code 54-2-1

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.

Beneficial activity: includes an activity to:

(i)	promote tourism;

(ii)	sponsor or incentivize a cultural or sports event, festival, conference, or convention;

(iii)

facilitate economic or workforce development for the lodging industry, including workforce recruitment or retention; or

(iv)

promote placemaking, visitor management, or destination enhancement. See Utah Code 11-42b-101

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}

Benefitted property: means property within an assessment area that directly or indirectly benefits from improvements, operation and maintenance, or economic promotion activities. See Utah Code 11-42-102

Benefitted property: means a lodging establishment that directly or indirectly benefits from a beneficial activity. See Utah Code 11-42b-101

Bid limit: means :

(a)

for a building improvement:

(i)	for the year 2003, $40,000; and

(ii)	for each year after 2003, the amount of the bid limit for the previous year, plus an amount calculated by multiplying the amount of the bid limit for the previous year by the lesser of 3% or the actual percent change in the Consumer Price Index during the previous calendar year; and

(b)

for a public works project:

(i)	for the year 2003, $125,000; and

(ii)

for each year after 2003, the amount of the bid limit for the previous year, plus an amount calculated by multiplying the amount of the bid limit for the previous year by the lesser of 3% or the actual percent change in the Consumer Price Index during the previous calendar year. See Utah Code 11-39-101

Board: means the Board of State History created in Section 9-8-204. See Utah Code 9-8-901

Bond: means any revenue bond, general obligation bond, tax increment bond, special improvement bond, local building authority bond, or refunding bond. See Utah Code 11-27-2

Bond anticipation notes: means notes issued under Section 11-42-602 in anticipation of the issuance of assessment bonds. See Utah Code 11-42-102

Bonds: means any evidence or contract of indebtedness that is issued or authorized by a public body, including, without limitation, bonds, refunding bonds, advance refunding bonds, bond anticipation notes, tax anticipation notes, notes, certificates of indebtedness, warrants, commercial paper, contracts, and leases, whether they are general obligations of the issuing public body or are payable solely from a specified source, including annual appropriations by the public body. See Utah Code 11-30-2

Bonds: means any bonds, notes, or other evidence of indebtedness of the financing authority issued under this chapter. See Utah Code 11-32-2

Bonds: means assessment bonds and refunding assessment bonds. See Utah Code 11-42-102

Business entity: means a sole proprietorship, partnership, association, joint venture, corporation, firm, trust, foundation, or other organization or entity used in carrying on a business. See Utah Code 10-3-1303

Business entity: means a sole proprietorship, partnership, limited partnership, limited liability company, corporation, or other entity or association used to carry on a business for profit. See Utah Code 11-41-102

Car sharing: means the same as that term is defined in Section 13-48a-101. See Utah Code 11-26-401

Cash price: means the price at which the lessor would have sold the property to the consumer for cash on the date of the rental purchase agreement. See Utah Code 15-8-3

Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.

Certificated registered public obligation: means a registered public obligation which is represented by an instrument. See Utah Code 15-7-2

Charter school: includes :

(a)	an operating charter school;

(b)	an applicant for a charter school whose application has been approved by a charter school authorizer as provided in 6; and

(c)

an entity that is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building. See Utah Code 11-36a-102

City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5

Clean coal technology: means a technology that may be researched, developed, or used for reducing emissions or the rate of emissions from a thermal electric generation plant that uses coal as a fuel source. See Utah Code 54-2-1

CMS: means the Centers for Medicare and Medicaid Services within the United States Department of Health and Human Services. See Utah Code 26B-3-101

Code: means the Internal Revenue Code of 1954. See Utah Code 15-7-2

Commercial area: means an area in which at least 75% of the property is devoted to the interchange of goods or commodities. See Utah Code 11-42-102

Commission: means the Public Service Commission. See Utah Code 54-2-1

Committee: means the National Register Review Committee created in Section 9-8-905. See Utah Code 9-8-901

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.

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

Compensation: means anything of economic value, however designated, which is paid, loaned, granted, given, donated, or transferred to any person or business entity by anyone other than the governmental employer for or in consideration of personal services, materials, property, or any other thing whatsoever. See Utah Code 10-3-1303

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

Consumer: means a natural person who rents personal property under a rental purchase agreement to be used primarily for personal, family, or household purposes. See Utah Code 15-8-3

Consumer Price Index: means the Consumer Price Index for All Urban Consumers as published by the Bureau of Labor Statistics of the United States Department of Labor. See Utah Code 11-39-101

Consummation: means the time at which a consumer becomes contractually obligated on a rental purchase agreement. See Utah Code 15-8-3

Continuance: Putting off of a hearing ot trial until a later time.

Contract price: means :

(a)	the cost of acquiring an improvement, if the improvement is acquired; or

(b)

the amount payable to one or more contractors for the design, engineering, inspection, and construction of an improvement. See Utah Code 11-42-102

Core-skill training: means :

(a)	90 hours of competency-based education; and

(b)

300 hours of community involvement as determined by the department through rule. See Utah Code 26B-2-501

Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1

Cost savings: means a decrease in an expenditure, including a future replacement expenditure, by a political subdivision resulting from a performance efficiency measure adopted under this chapter. See Utah Code 11-44-102

Counterclaim: A claim that a defendant makes against a plaintiff.

County: means the same as that term is defined in Section 17-50-101. See Utah Code 11-26-401

County attorney: means the county attorney of a county or one of his assistants. See Utah Code 11-30-2

County legislative body: means :Utah Code 68-3-12.5

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}

Customer-generated electricity: means electricity that:

(a)	is generated by a customer generation system for a customer participating in a net metering program;

(b)	exceeds the electricity the customer needs for the customer's own use; and

(c)

is supplied to the electrical corporation administering the net metering program. See Utah Code 54-15-102

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Deed: The legal instrument used to transfer title in real property from one person to another.

Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Delinquent tax receivables: means those ad valorem tangible property taxes levied within any county, for any year, which remain unpaid and owing the participant members within the county, as of January 15 of the following year, plus any interest and penalties accruing or assessed to them. See Utah Code 11-32-2

Department: means the Department of Cultural and Community Engagement. See Utah Code 9-1-102

Dependent: A person dependent for support upon another.

Design-build project: means a building improvement or public works project for which both the design and construction are provided for in a single contract with a contractor or combination of contractors capable of providing design-build services. See Utah Code 11-39-101

Design-build services: means the engineering, architectural, and other services necessary to formulate and implement a design-build project, including the actual construction of the project. See Utah Code 11-39-101

Designation ordinance: means an ordinance adopted by a local entity under Section 11-42-206 designating an assessment area. See Utah Code 11-42-102

Designation resolution: means a resolution adopted by a local entity under Section 11-42-206 designating an assessment area. See Utah Code 11-42-102

Determination of violation: means a determination by the Governor's Office of Economic Opportunity of substantial likelihood that a retail facility incentive payment has been made in violation of Section 11-41-103, in accordance with Section 11-41-104. See Utah Code 11-41-102

Development activity: means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land that creates additional demand and need for public facilities. See Utah Code 11-36a-102

Development approval: means :

(a)	except as provided in Subsection (4)(b), any written authorization from a local political subdivision that authorizes the commencement of development activity;

(b)	development activity, for a public entity that may develop without written authorization from a local political subdivision;

(c)

a written authorization from a public water supplier, as defined in Section 73-1-4, or a private water company:

(i)

to reserve or provide:

(A)	a water right;

(B)	a system capacity; or

(C)	a distribution facility; or

(ii)

to deliver for a development activity:

(A)	culinary water; or

(B)	irrigation water; or

(d)

a written authorization from a sanitary sewer authority, as defined in Section 10-9a-103:

(i)

to reserve or provide:

(A)	sewer collection capacity; or

(B)	treatment capacity; or

(ii)

to provide sewer service for a development activity. See Utah Code 11-36a-102

Development authority: means :

(a)	the Utah Inland Port Authority created in Section 11-58-201; or

(b)

the military installation development authority created in Section 63H-1-201. See Utah Code 11-42-102

Devise: To gift property by will.

Diagnostic mammography: means mammography performed on a woman having suspected breast cancer. See Utah Code 26B-2-601

Director: means the director of the Division of State History. See Utah Code 9-8-102

Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:

Division: means the Division of Integrated Healthcare within the department, established under Section 26B-3-102. See Utah Code 26B-3-101

Division: means the Criminal Investigation and Technical Services Division of the Department of Public Safety, established in Section 53-10-103. See Utah Code 11-40-101

Division: means the Division of Consumer Protection. See Utah Code 13-53-102

division: means the Utah Division of Indian Affairs created in Section 9-9-102. See Utah Code 9-9-101

Donor: The person who makes a gift.

Economic promotion activities: means activities that promote economic growth in a commercial area of a local entity, including:

(a)	sponsoring festivals and markets;

(b)	promoting business investment or activities;

(c)	helping to coordinate public and private actions; and

(d)

developing and issuing publications designed to improve the economic well-being of the commercial area. See Utah Code 11-42-102

Elected officer: means a person:

(a)	elected or appointed to the office of mayor, commissioner, or council member; or

(b)

who is considered to be elected to the office of mayor, commissioner, or council member by a municipal legislative body in accordance with Section 20A-1-206. See Utah Code 10-3-1303

Electrical corporation: includes every corporation, cooperative association, and person, their lessees, trustees, and receivers, owning, controlling, operating, or managing any electric plant, or in any way furnishing electric power for public service or to its consumers or members for domestic, commercial, or industrial use, within this state. See Utah Code 54-2-1

Eligible facility: means a facility that uses energy derived from one of the following to generate electricity:

(a)	solar photovoltaic and solar thermal energy;

(b)	wind energy;

(c)

hydrogen;

(d)	organic waste;

(e)	hydroelectric energy;

(f)	waste gas and waste heat capture or recovery;

(g)

biomass and biomass byproducts, except for the combustion of:

(i)	wood that has been treated with chemical preservatives such as creosote, pentachlorophenol, or chromated copper arsenate; or

(ii)	municipal waste in a solid form;

(h)	forest or rangeland woody debris from harvesting or thinning conducted to improve forest or rangeland ecological health and to reduce wildfire risk;

(i)	agricultural residues;

(j)	dedicated energy crops;

(k)	landfill gas or biogas produced from organic matter, wastewater, anaerobic digesters, or municipal solid waste; or

(l)

geothermal energy. See Utah Code 54-15-102

Enactment: means :

(a)	a municipal ordinance, for a municipality;

(b)	a county ordinance, for a county; and

(c)

a governing board resolution, for a special district, special service district, or private entity. See Utah Code 11-36a-102

Encumber: means :

(a)	a pledge to retire a debt; or

(b)

an allocation to a current purchase order or contract. See Utah Code 11-36a-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.

Environmental remediation activity: means a surface or subsurface enhancement, effort, cost, initial or ongoing maintenance expense, facility, installation, system, earth movement, or change to grade or elevation that improves the use, function, aesthetics, or environmental condition of publicly owned property. See Utah Code 11-42-102

Equipment package: means a group of components connecting an electric generator to an electric distribution system, including all interface equipment and the interface equipment's controls, switchgear, inverter, and other interface devices. See Utah Code 54-15-102

Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}

Equivalent residential unit: means a dwelling, unit, or development that is equal to a single-family residence in terms of the nature of its use or impact on an improvement to be provided in the assessment area. See Utah Code 11-42-102

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.

Ex officio: Literally, by virtue of one's office.

Excess customer-generated electricity: means the amount of customer-generated electricity in excess of the customer's consumption from the customer generation system during a monthly billing period, as measured at the electrical corporation's meter. See Utah Code 54-15-102

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 Governor's Office of Economic Opportunity. See Utah Code 11-41-102

Executive director: means the executive director of the Department of Cultural and Community Engagement. See Utah Code 9-1-102

Facility: means a facility that provides screening or diagnostic breast mammography services. See Utah Code 26B-2-601

Facility: means a building, structure, or other improvement that is constructed on property owned by a political subdivision. See Utah Code 11-44-102

Facsimile signature: means the reproduction by engraving, imprinting, stamping, or other means of a manual signature. See Utah Code 15-7-2

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.

Financial intermediary: means a bank, broker, clearing corporation or other person, or the nominee of any of them, which in the ordinary course of its business maintains registered public obligation accounts for its customers. See Utah Code 15-7-2

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.

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).

Forbearance: A means of handling a delinquent loan. A

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}

Fraud: Intentional deception resulting in injury to another.

General plan: means the same as that term is defined in Section 23-21-. See Utah Code 11-41-102

Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

Governing authority: means :

(a)	for a distribution electrical cooperative, its board of directors; and

(b)

for each other electrical corporation, the Public Service Commission. See Utah Code 54-15-102

Governing body: means the council, commission, county legislative body, board of directors, board of trustees, board of education, board of higher education, or other legislative body of a public body designated in this chapter that is vested with the legislative powers of the public body, and, with respect to the state, the State Bonding Commission created by Section 63B-1-201. See Utah Code 11-27-2

Governing body: means the council, commission, county legislative body, board of education, board of trustees, or any other governing entity of a public body in which the legislative powers of the public body are vested. See Utah Code 11-32-2

Governing body: means :

(a)	for a county, city, town, or metro township, the legislative body of the county, city, town, or metro township;

(b)	for a special district, the board of trustees of the special district; and

(c)

for a special service district:

(i)	the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or

(ii)

the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301. See Utah Code 11-39-101

Governing body: means :

(a)	for a county, city, or town, the legislative body of the county, city, or town;

(b)	for a special district, the board of trustees of the special district;

(c)

for a special service district:

(i)	the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or

(ii)	the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301;

(d)	for the military installation development authority created in Section 63H-1-201, the board, as defined in Section 63H-1-102;

(e)	for the Utah Inland Port Authority, created in Section 11-58-201, the board, as defined in Section 11-58-102; and

(f)

for a public infrastructure district, the board of the public infrastructure district as defined in Section 17D-4-102. See Utah Code 11-42-102

Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104

Government obligations: means :

(a)	direct obligations of the United States of America, or other securities, the principal of and interest on which are unconditionally guaranteed by the United States of America; or

(b)

obligations of any state, territory, or possession of the United States, or of any of the political subdivisions of any state, territory, or possession of the United States, or of the District of Columbia described in Section 103(a), Internal Revenue Code of 1986. See Utah Code 11-27-2

Guaranty fund: means the fund established by a local entity under Section 11-42-701. See Utah Code 11-42-102

Guest: means an individual for whom a lodging establishment provides lodging accommodations for compensation. See Utah Code 11-42b-101

Highway: includes :Utah Code 68-3-12.5

Hookup fee: means a fee for the installation and inspection of any pipe, line, meter, or appurtenance to connect to a gas, water, sewer, storm water, power, or other utility system of a municipality, county, special district, special service district, or private entity. See Utah Code 11-36a-102

Impact fee: means a payment of money imposed upon new development activity as a condition of development approval to mitigate the impact of the new development on public infrastructure. See Utah Code 11-36a-102

Impact fee analysis: means the written analysis of each impact fee required by Section 11-36a-303. See Utah Code 11-36a-102

Impact fee facilities plan: means the plan required by Section 11-36a-301. See Utah Code 11-36a-102

Improved property: means property upon which a residential, commercial, or other building has been built. See Utah Code 11-42-102

Incidental refunding costs: means any costs of issuing refunding assessment bonds and calling, retiring, or paying prior bonds, including:

(a)	legal and accounting fees;

(b)	charges of financial advisors, escrow agents, certified public accountant verification entities, and trustees;

(c)	underwriting discount costs, printing costs, the costs of giving notice;

(d)	any premium necessary in the calling or retiring of prior bonds;

(e)	fees to be paid to the local entity to issue the refunding assessment bonds and to refund the outstanding prior bonds;

(f)	any other costs that the governing body determines are necessary and proper to incur in connection with the issuance of refunding assessment bonds; and

(g)

any interest on the prior bonds that is required to be paid in connection with the issuance of the refunding assessment bonds. See Utah Code 11-42-102

Independent energy producer: means every electrical corporation, person, corporation, or government entity, their lessees, trustees, or receivers, that own, operate, control, or manage an independent power production or cogeneration facility. See Utah Code 54-2-1

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Installment payment date: means the date on which an installment payment of an assessment is payable. See Utah Code 11-42-102

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}

Interim warrant: means a warrant issued by a local entity under Section 11-42-601. See Utah Code 11-42-102

Inverter: means a device that:

(a)	converts direct current power into alternating current power that is compatible with power generated by an electrical corporation; and

(b)

has been designed, tested, and certified to UL1741 and installed and operated in accordance with the latest revision of IEEE1547, as amended. See Utah Code 54-15-102

Issuer: means the public body issuing any bond or bonds. See Utah Code 11-27-2

Issuer: means a public entity which issues an obligation. See Utah Code 15-7-2

Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement

Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

Jurisdictional boundaries: means :

(a)	for a county, the boundaries of the unincorporated area of the county; and

(b)

for each other local entity, the boundaries of the local entity. See Utah Code 11-42-102

Land: includes :Utah Code 68-3-12.5

Large-scale electric utility: means a public utility that provides retail electric service to more than 200,000 retail customers in the state. See Utah Code 54-2-1

Large-scale natural gas utility: means a public utility that provides retail natural gas service to more than 200,000 retail customers in the state. See Utah Code 54-2-1

Lease: means any lease agreement, lease purchase agreement, and installment purchase agreement, and any certificate of interest or participation in any of the foregoing. See Utah Code 11-30-2

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}

Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).

Lessor: means a person who regularly provides the use of property through rental purchase agreements and to whom rental payments are initially payable on the face of a rental purchase agreement. See Utah Code 15-8-3

Level of service: means the defined performance standard or unit of demand for each capital component of a public facility within a service area. See Utah Code 11-36a-102

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

Lien: A claim against real or personal property in satisfaction of a debt.

Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.

Local charge: means one or more of the following charges paid by a public service provider to a county or municipality:

(i)

a tax;

(ii)	a license;

(iii)

a fee;

(iv)	a license fee;

(v)	a license tax; or

(vi)

a charge similar to Subsections (1)(a)(i) through (v). See Utah Code 11-26-201

Local entity: means a county, city, town, metro township, special district, or special service district. See Utah Code 11-39-101

Local entity: means :

(a)	a county, city, town, special service district, or special district;

(b)	an interlocal entity as defined in Section 11-13-103;

(c)	the military installation development authority, created in Section 63H-1-201;

(d)	a public infrastructure district under Title 17D, Chapter 4, Public Infrastructure District Act, including a public infrastructure district created by a development authority;

(e)	the Utah Inland Port Authority, created in Section 11-58-201; or

(f)

any other political subdivision of the state. See Utah Code 11-42-102

Local entity obligations: means assessment bonds, refunding assessment bonds, interim warrants, and bond anticipation notes issued by a local entity. See Utah Code 11-42-102

Local political subdivision: means a county, a municipality, a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, a special service district under Title 17D, Chapter 1, Special Service District Act, or the Point of the Mountain State Land Authority, created in Section 11-59-201. See Utah Code 11-36a-102

Lodging establishment: means the same as that term is defined in Section 29-2-102. See Utah Code 11-42b-101

Lowest responsive responsible bidder: means a prime contractor who:

(a)	has submitted a bid in compliance with the invitation to bid and within the requirements of the plans and specifications for the building improvement or public works project;

(b)	is the lowest bidder that satisfies the local entity's criteria relating to financial strength, past performance, integrity, reliability, and other factors that the local entity uses to assess the ability of a bidder to perform fully and in good faith the contract requirements;

(c)	has furnished a bid bond or equivalent in money as a condition to the award of a prime contract; and

(d)

furnishes a payment and performance bond as required by law. See Utah Code 11-39-101

Mailing address: means :

(a)	a property owner's last-known address using the name and address appearing on the last completed real property assessment roll of the county in which the property is located; and

(b)

if the property is improved property:

(i)	the property's street number; or

(ii)

the post office box, rural route number, or other mailing address of the property, if a street number has not been assigned. See Utah Code 11-42-102

Medicaid program: means the state program for medical assistance for persons who are eligible under the state plan adopted pursuant to Title XIX of the federal Social Security Act. See Utah Code 26B-3-101

Medical assistance: means services furnished or payments made to or on behalf of a member. See Utah Code 26B-3-101

member: means an individual whom the department has determined to be eligible for assistance under the Medicaid program. See Utah Code 26B-3-101

Mixed-use development: means development with mixed land uses, including housing. See Utah Code 11-41-102

Moderate income housing plan: means the moderate income housing plan element of a general plan. See Utah Code 11-41-102

Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5

Mortgage: The written agreement pledging property to a creditor as collateral for a loan.

Municipal: means of or relating to a municipality. See Utah Code 10-1-104

Municipal employee: means a person who is not an elected or appointed officer who is employed on a full- or part-time basis by a municipality or by a community reinvestment agency under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act. See Utah Code 10-3-1303

Municipality: means :

(i)	a city; or

(ii)

a town. See Utah Code 11-26-201

Municipality: means a city or a town. See Utah Code 11-26-401

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

Municipality: means a city, town, or metro township. See Utah Code 11-42b-101

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}

Net electricity: means the difference, as measured at the meter owned by the electrical corporation between:

(a)	the amount of electricity that an electrical corporation supplies to a customer participating in a net metering program; and

(b)

the amount of customer-generated electricity delivered to the electrical corporation. See Utah Code 54-15-102

Net improvement revenues: means all improvement revenues that a local entity has received since the last installment payment date, less all amounts payable by the local entity from those improvement revenues for operation and maintenance costs. See Utah Code 11-42-102

Net metering: means measuring the amount of net electricity for the applicable billing period. See Utah Code 54-15-102

Net metering program: means a program administered by an electrical corporation whereby a customer with a customer generation system may:

(a)	generate electricity primarily for the customer's own use;

(b)	supply customer-generated electricity to the electrical corporation; and

(c)

if net metering results in excess customer-generated electricity during a billing period, receive a credit as provided in Section 54-15-104. See Utah Code 54-15-102

Oath: includes "affirmation. See Utah Code 68-3-12.5

Oath: A promise to tell the truth.

Obligation: includes a liability in tort and contractual obligations. See Utah Code 15-4-1

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.

Obligation: means an agreement by a public entity to pay principal and any interest on the obligation, whether in the form of a contract to repay borrowed money, a lease, an installment purchase agreement, or otherwise, and includes a share, participation, or other interest in any such agreement. See Utah Code 15-7-2

Obligee: includes a creditor and a person having a right based on a tort. See Utah Code 15-4-1

Obligor: includes a debtor and a person liable for a tort. See Utah Code 15-4-1

Office: means the Governor's Office of Economic Opportunity. See Utah Code 11-41-102

Office: means the State Historic Preservation Office created in Section 9-8-902. 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

Official actions: means the actions by statute, order, ordinance, resolution, contract, or other authorized means by which the issuer provides for issuance of a registered public obligation. See Utah Code 15-7-2

official body: means the person or group of persons that is empowered to provide for the original issuance of an obligation of the issuer, by defining the obligation and its terms, conditions, and other incidents, or to perform duties with respect to a registered public obligation and any successor of such person or group of persons. See Utah Code 15-7-2

Overhead costs: means the actual costs incurred or the estimated costs to be incurred by a local entity in connection with an assessment area for appraisals, legal fees, filing fees, financial advisory charges, underwriting fees, placement fees, escrow, trustee, and paying agent fees, publishing and mailing costs, costs of levying an assessment, recording costs, and all other incidental costs. See Utah Code 11-42-102

Oversight: Committee review of the activities of a Federal agency or program.

Owner: means the owner of a benefitted property, or the authorized agent or employee of the owner. See Utah Code 11-42b-101

Participant: means an individual who:

(a)	resides at a residential, vocational and life skills program facility;

(b)

receives from the residential, vocational and life skills program:

(i)	vocational training; or

(ii)	life skills training; and

(c)

does not receive monetary compensation from the residential, vocational and life skills program. See Utah Code 13-53-102

Participant members: means those public bodies, including the county, the governing bodies of which approve the creation of an authority as provided in Section 11-32-3 and on whose behalf the authority acts. See Utah Code 11-32-2

Participating party: means any person, company, corporation, partnership, firm, agency, political subdivision of the state, or other entity or group of entities requiring financing for residential rehabilitation pursuant to the provisions of this part. See Utah Code 11-25-3

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.

Passenger vehicle: means a self-propelled, two-axle vehicle intended primarily for operation on highways and used by an applicant or recipient to meet basic transportation needs and has a fair market value below 40% of the applicable amount of the federal luxury passenger automobile tax established in 26 U. See Utah Code 26B-3-101

Performance efficiency measure: includes :

(i)	insulation installed in a wall, roof, floor, foundation, or heating and cooling distribution system;

(ii)	a storm window or door, multiglazed window or door, heat absorbing or heat reflective glazed and coated window or door system, additional glazing, or reduction in glass area;

(iii)

an automatic energy control system;

(iv)	a heating, ventilating, or air conditioning and distribution system modification or replacement in a facility;

(v)	caulking and weatherstripping;

(vi)	a replacement or modification of a lighting fixture to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility unless the increase in illumination is necessary to conform to the applicable building code for the proposed lighting system;

(vii)

an energy recovery system;

(viii)

a cogeneration system that produces steam or another form of energy for use primarily within a facility;

(ix)	a renewable energy or alternate energy system;

(x)	a change in operation or maintenance practice;

(xi)	a procurement of a low-cost energy supply, including electricity, natural gas, or water;

(xii)

an indoor air quality improvement that conforms to applicable building code requirements;

(xiii)

a daylighting system;

(xiv)

a building operation program that provides cost savings, including computerized energy management and consumption tracking programs or staff and occupant training;

(xv)	a service to reduce utility costs by identifying utility errors and optimizing rate schedules; or

(xvi)

the purchase and operation of an alternative fuel vehicle and the infrastructure to support the operation of alternative fuel vehicles. See Utah Code 11-44-102

Person: means any person, association, corporation, or other entity. See Utah Code 11-30-2

Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104

Person seeking access: means a person who seeks access to a public water utility's public water system or publicly owned treatment works and who, after obtaining access, would, in the judgment of the public water utility, be in a position to affect the safety or security of the publicly owned treatment works or public water system or to affect the safety or well-being of patrons of the public water utility. See Utah Code 11-40-101

Personal property: includes :Utah Code 68-3-12.5

Personal property: All property that is not real property.

Pilot program period: means a period of five years during which the sustainable transportation and energy plan is effective:

(a)	for a large-scale electric utility, beginning on January 1, 2017; or

(b)

for a large-scale natural gas utility, beginning on July 1, 2019. See Utah Code 54-20-102

Political subdivision: means the same as that term is defined in Section 11-14-102. See Utah Code 11-26-401

Political subdivision: means any county, city, town, metro township, school district, special district, special service district, community reinvestment agency, or entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 11-41-102

PPACA: means the same as that term is defined in Section 31A-1-301. See Utah Code 26B-3-101

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.

Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.

Prior bonds: means the assessment bonds that are refunded in part or in whole by refunding assessment bonds. See Utah Code 11-42-102

Private entity: means an entity in private ownership with at least 100 individual shareholders, customers, or connections, that is located in a first, second, third, or fourth class county and provides water to an applicant for development approval who is required to obtain water from the private entity either as a:

(a)	specific condition of development approval by a local political subdivision acting pursuant to a prior agreement, whether written or unwritten, with the private entity; or

(b)

functional condition of development approval because the private entity:

(i)	has no reasonably equivalent competition in the immediate market; and

(ii)

is the only realistic source of water for the applicant's development. See Utah Code 11-36a-102

Probable cause: A reasonable ground for belief that the offender violated a specific law.

Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

Procurement code: means the provisions of Title 63G, Chapter 6a, Utah Procurement Code. See Utah Code 11-39-101

Project engineer: means the surveyor or engineer employed by or the private consulting engineer engaged by a local entity to perform the necessary engineering services for and to supervise the construction or installation of the improvements. See Utah Code 11-42-102

Project improvements: means site improvements and facilities that are:

(i)	planned and designed to provide service for development resulting from a development activity;

(ii)	necessary for the use and convenience of the occupants or users of development resulting from a development activity; and

(iii)

not identified or reimbursed as a system improvement. See Utah Code 11-36a-102

Property: includes both real and personal property. See Utah Code 68-3-12.5

Property: includes real property and any interest in real property, including water rights and leasehold rights. See Utah Code 11-42-102

Property price: means the price at which a local entity purchases or acquires by eminent domain property to make improvements in an assessment area. See Utah Code 11-42-102

Proportionate share: means the cost of public facility improvements that are roughly proportionate and reasonably related to the service demands and needs of any development activity. See Utah Code 11-36a-102

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Public agency: means :

(a)	the state or any agency, department, or division of the state; and

(b)

a political subdivision of the state. See Utah Code 11-42-102

Public body: means the state or any agency, authority, instrumentality, or institution of the state, or any municipal or quasi-municipal corporation, political subdivision, agency, school district, special district, special service district, or other governmental entity now or hereafter existing under the laws of the state. See Utah Code 11-27-2

Public body: means the state or any agency, authority, instrumentality, or institution of the state, or any county, municipality, quasi-municipal corporation, school district, special district, special service district, political subdivision, or other governmental entity existing under the laws of the state, whether or not possessed of any taxing power. See Utah Code 11-30-2

Public body: means the state and any public department, public agency, or other public entity existing under the laws of the state, including, without limitation, any agency, authority, instrumentality, or institution of the state, and any county, city, town, municipal corporation, quasi-municipal corporation, state university or college, school district, special service district, special district, separate legal or administrative entity created under the Interlocal Cooperation Act or other joint agreement entity, community reinvestment agency, and any other political subdivision, public authority, public agency, or public trust existing under the laws of the state. See Utah Code 11-31-2

Public body: means any city, town, county, school district, special service district, special district, community reinvestment agency, or any other entity entitled to receive ad valorem property taxes, existing under the laws of the state. See Utah Code 11-32-2

Public entity: means :

(a)	a political subdivision;

(b)	a state agency as defined in Section 63J-1-220;

(c)	a higher education institution as defined in Section 53B-1-201;

(d)	the Military Installation Development Authority created in Section 63H-1-201;

(e)	the Utah Inland Port Authority created in Section 11-58-201; or

(f)

the Point of the Mountain State Land Authority created in Section 11-59-201. See Utah Code 11-41-102

public entity: includes , without limitation, this state, an entity deriving powers from and acting pursuant to a state constitution or legislative act, a county, city, town, a municipal corporation, a quasi-municipal corporation, a state university or college, a school district, a special service district, a special district, a separate legal or administrative entity created under the Interlocal Cooperation Act or other joint agreement entity, a community reinvestment agency, any other political subdivision, a public authority or public agency, a public trust, a nonprofit corporation, or other organizations. See Utah Code 15-7-2

Public facilities: means only the following impact fee facilities that have a life expectancy of 10 or more years and are owned or operated by or on behalf of a local political subdivision or private entity:

(a)	water rights and water supply, treatment, storage, and distribution facilities;

(b)	wastewater collection and treatment facilities;

(c)	storm water, drainage, and flood control facilities;

(d)	municipal power facilities;

(e)	roadway facilities;

(f)	parks, recreation facilities, open space, and trails;

(g)	public safety facilities;

(h)	environmental mitigation as provided in Section 11-36a-205; or

(i)

municipal natural gas facilities. See Utah Code 11-36a-102

Public funds: means any money received by a public entity that is derived from:

(a)	a sales and use tax authorized under Title 59, Chapter 12, Sales and Use Tax Act; or

(b)

a property tax levy. See Utah Code 11-41-102

Public safety facility: means :

(i)	a building constructed or leased to house police, fire, or other public safety entities; or

(ii)

a fire suppression vehicle costing in excess of $500,000. See Utah Code 11-36a-102

Public service provider: means a person engaged in the business of supplying taxable energy as defined in Section 10-1-303. See Utah Code 11-26-201

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 water utility: means a county, city, town, special district under Title 17B, Chapter 1, Provisions Applicable to All Special Districts, special service district under Title 17D, Chapter 1, Special Service District Act, or other political subdivision of the state that operates publicly owned treatment works or a public water system. See Utah Code 11-40-101

Purchasing utility: means any electrical corporation that is required to purchase electricity from small power production or cogeneration facilities pursuant to the Public Utility Regulatory Policies Act, 16 U. See Utah Code 54-2-1

Qualified number of owners: means a number of owners of benefitted properties that represents 60% or more of the total assessment amount levied against all benefitted properties within a proposed or existing assessment area, provided that if an owner of one or more benefitted properties represents 40% or more of the total assessment amount levied against all benefitted properties within a proposed or existing assessment area, no more than 40% of the total assessment amount shall be attributed to that owner. See Utah Code 11-42b-101

Qualified performance efficiency service provider: means a person who:

(a)	has a record of successful performance efficiency agreements; or

(b)

has:

(i)	experience in the design, implementation, and installation of performance efficiency measures;

(ii)	technical capabilities to ensure that a performance efficiency measure generates cost savings; and

(iii)

the ability to secure the financing necessary to support the proposed performance efficiency measure. See Utah Code 11-44-102

Qualifying power producer: means a corporation, cooperative association, or person, or the lessee, trustee, and receiver of the corporation, cooperative association, or person, who owns, controls, operates, or manages any qualifying power production facility or cogeneration facility. See Utah Code 54-2-1

Quorum: The number of legislators that must be present to do business.

Railroad: includes every commercial, interurban, and other railway, other than a street railway, and each branch or extension of a railway, by any power operated, together with all tracks, bridges, trestles, rights-of-way, subways, tunnels, stations, depots, union depots, yards, grounds, terminals, terminal facilities, structures, and equipment, and all other real estate, fixtures, and personal property of every kind used in connection with a railway owned, controlled, operated, or managed for public service in the transportation of persons or property. See Utah Code 54-2-1

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.

Recipient: means a person who has received medical assistance under the Medicaid program. See Utah Code 26B-3-101

Reduced payment obligation: means the full obligation of an owner of property within an assessment area to pay an assessment levied on the property after the assessment has been reduced because of the issuance of refunding assessment bonds, as provided in Section 11-42-608. See Utah Code 11-42-102

Refunding assessment bonds: means assessment bonds that a local entity issues under Section 11-42-607 to refund, in part or in whole, assessment bonds. See Utah Code 11-42-102

Refunding bonds: means bonds issued under the authority of this chapter for the purpose of refunding outstanding bonds. See Utah Code 11-27-2

Refunding bonds: means any bonds that are issued to refund outstanding bonds, including both refunding bonds and advance refunding bonds. See Utah Code 11-30-2

Registered public obligation: means an obligation issued by a public entity which is issued pursuant to a system of registration. See Utah Code 15-7-2

Rental: means the same as the terms "lease" or "rental" are defined in Section 59-12-102. See Utah Code 11-26-401

Rental purchase agreement: means an agreement for the use of personal property by a natural person primarily for personal, family, or household purposes for an initial period of four months or less that is automatically renewable with each payment after the initial period, but which does not obligate or require the consumer to continue renting or using the property beyond the initial period, and that permits the consumer to become the owner of the property. See Utah Code 15-8-3

Reserve fund: means a fund established by a local entity under Section 11-42-702. See Utah Code 11-42-102

Residence: means a residential structure in residential rehabilitation areas. See Utah Code 11-25-3

Residential rehabilitation: means the construction, reconstruction, renovation, replacement, extension, repair, betterment, equipping, developing, embellishing, or otherwise improving residences consistent with standards of strength, effectiveness, fire resistance, durability, and safety, so that the structures are satisfactory and safe to occupy for residential purposes and are not conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime because of any one or more of the following factors:

(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

Resolution: means a resolution of the governing body of a public body taking formal action under this chapter. See Utah Code 11-27-2

Retail facility: means any facility operated by a business entity for the primary purpose of making retail transactions. See Utah Code 11-41-102

Retail facility incentive payment: means a payment of public funds:

(i)	to a person by a public entity;

(ii)	for the development, construction, renovation, or operation of a retail facility within an area of the state; and

(iii)

in the form of:

(A)	a payment;

(B)

a rebate;

(C)

a refund;

(D)	a subsidy; or

(E)

any other similar incentive, award, or offset. See Utah Code 11-41-102

Road: includes :Utah Code 68-3-12.5

School fee: includes :

(i)	an admission fee;

(ii)	a transportation charge; or

(iii)

a charge, deposit, rent, or other mandatory payment imposed by a third party in connection with an activity or function sponsored by a school described in Subsection (4)(a). See Utah Code 15-4-1

Service: means :

(a)	water, sewer, storm drainage, garbage collection, library, recreation, communications, or electric service;

(b)	economic promotion activities; or

(c)

any other service that a local entity is required or authorized to provide. See Utah Code 11-42-102

Service area: means a geographic area designated by an entity that imposes an impact fee on the basis of sound planning or engineering principles in which a public facility, or a defined set of public facilities, provides service within the area. See Utah Code 11-36a-102

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.

Several obligors: means obligors severally bound for the same performance. See Utah Code 15-4-1

Sewer assessment area: means an assessment area that has as the assessment area's primary purpose the financing and funding of public improvements to provide sewer service where there is, in the opinion of the local board of health, substantial evidence of septic system failure in the defined area due to inadequate soils, high water table, or other factors proven to cause failure. See Utah Code 11-42-102

Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5

Small business: means a business entity that:

(i)	has fewer than 30 full-time equivalent employees; and

(ii)

maintains the business entity's principal office in the state. See Utah Code 11-41-102

Special district: means the same as that term is defined in Section 17B-1-102. See Utah Code 11-39-101

Special district: means a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts

(51)

"Special service district" means the same as that term is defined in Section 17D-1-102. See Utah Code 11-42-102

Special improvement bond: means any bond, note, warrant, certificate of indebtedness, or other obligation of a public body or any predecessor of any public body that is payable from assessments levied on benefitted property and from any special improvement guaranty fund. See Utah Code 11-27-2

Special improvement guaranty fund: means any special improvement guaranty fund established under Title 10, Chapter 6, Uniform Fiscal Procedures Act for Utah Cities; Title 11, Chapter 42, Assessment Area Act; or any predecessor or similar statute. See Utah Code 11-27-2

Specified county: means a county of the first or second class. See Utah Code 11-42b-101

Specified public agency: means :

(a)	the state;

(b)	a school district; or

(c)

a charter school. See Utah Code 11-36a-102

State: means the state of Utah. See Utah Code 11-30-2

State certified: means that an individual has obtained the state certification described in Subsection 26B-2-504(1). See Utah Code 26B-2-501

Statute: A law passed by a legislature.

Substantial interest: means the ownership, either legally or equitably, by an individual, the individual's spouse, or the individual's minor children, of at least 10% of the outstanding shares of a corporation or 10% interest in any other business entity. See Utah Code 10-3-1303

Summons: Another word for subpoena used by the criminal justice system.

Sustainable transportation and energy plan: means the programs approved by the commission and undertaken by a large-scale electric utility or large-scale natural gas utility during the pilot program period, including:

(a)

a natural gas vehicle rate or natural gas clean air program described in Section 54-4-13. See Utah Code 54-20-102

Switchgear: means the combination of electrical disconnects, fuses, or circuit breakers:

(a)

used to:

(i)	isolate electrical equipment; and

(ii)	de-energize equipment to allow work to be performed or faults downstream to be cleared; and

(b)

that is:

(i)	designed, tested, and certified to UL1741; and

(ii)

installed and operated in accordance with the latest revision of IEEE1547, as amended. See Utah Code 54-15-102

System improvements: means :

(i)

existing public facilities that are:

(A)	identified in the impact fee analysis under Section 11-36a-304; and

(B)	designed to provide services to service areas within the community at large; and

(ii)

future public facilities identified in the impact fee analysis under Section 11-36a-304 that are intended to provide services to service areas within the community at large. See Utah Code 11-36a-102

Tax increment bond: means any bond, note, warrant, certificate of indebtedness, or other obligation of a public body issued under authority of Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act. See Utah Code 11-27-2

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Third party administrator: means a private nonprofit organization, primarily engaged in destination marketing and promotion, that enters into a contract with a specified county to provide beneficial activities within an assessment area in accordance with the management plan. See Utah Code 11-42b-101

Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.

Town: 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

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

tribe: means a tribe, band, nation, or other organized group or community of Indians that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. See Utah Code 9-9-101

Trustee: A person or institution holding and administering property in trust.

Unassessed benefitted government property: means property that a local entity may not assess in accordance with Section 11-42-408 but is benefitted by an improvement, operation and maintenance, or economic promotion activities. See Utah Code 11-42-102

Uncertificated registered public obligation: means a registered public obligation which is not represented by an instrument. See Utah Code 15-7-2

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}

Unimproved property: means property upon which no residential, commercial, or other building has been built. See Utah Code 11-42-102

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

Validity: means any matter relating to the legality and validity of the bonds and the security therefor, including, without limitation, the legality and validity of:

(a)	a public body's authority to issue and deliver the bonds;

(b)	any ordinance, resolution, or statute granting the public body authority to issue and deliver the bonds;

(c)	all proceedings, elections, if any, and any other actions taken or to be taken in connection with the issuance, sale, or delivery of the bonds;

(d)	the purpose, location, or manner of the expenditure of funds;

(e)	the organization or boundaries of the public body;

(f)	any assessments, taxes, rates, rentals, fees, charges, or tolls levied or that may be levied in connection with the bonds;

(g)	any lien, proceeding, or other remedy for the collection of those assessments, taxes, rates, rentals, fees, charges, or tolls;

(h)	any contract or lease executed or to be executed in connection with the bonds;

(i)	the pledge of any taxes, revenues, receipts, rentals, or property, or encumbrance thereon or security interest therein to secure the bonds; and

(j)

any covenants or provisions contained in or to be contained in the bonds. See Utah Code 11-30-2

Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.

Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.

Vocational training entity: is a commercial entity where a participant receives vocational training. See Utah Code 13-53-102

Voluntary assessment area: means an assessment area that contains only property whose owners have voluntarily consented to an assessment. See Utah Code 11-42-102

Waiver: means the act of not requiring an individual to pay an amount that the individual otherwise owes. See Utah Code 15-4-1

Writing: includes :Utah Code 68-3-12.5