Terms Used In Utah Code > Title 10 > Chapter 3 > Part 10 - Civil Service Commission

• 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  protests that have been withdrawn under Subsection 11-42-203(3).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 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. Agreement: means an oral or written agreement between a public entity and a person. See Utah Code 11-41-102 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. 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. Appraisal: A determination of property value. 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 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 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 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 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 assessment bonds and refunding assessment bonds. See Utah Code 11-42-102 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 Certificated registered public obligation: means a registered public obligation which is represented by an instrument. See Utah Code 15-7-2 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 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 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 Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. 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 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. Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deed: The legal instrument used to transfer title in real property from one person to another. 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 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 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 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 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 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. Executive director: means the executive director of the Governor's Office of Economic Opportunity. See Utah Code 11-41-102 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 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 General plan: means the same as that term is defined in Section 23-21-. See Utah Code 11-41-102 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 Guaranty fund: means the fund established by a local entity under Section 11-42-701. See Utah Code 11-42-102 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 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 Issuer: means a public entity which issues an obligation. See Utah Code 15-7-2 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 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 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 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. 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 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 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. 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 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 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. 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 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. 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 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. Prior bonds: means the assessment bonds that are refunded in part or in whole by refunding assessment bonds. See Utah Code 11-42-102 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. 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 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 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 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 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 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 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. 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 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 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 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 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 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 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 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 Statute: A law passed by a legislature. Summons: Another word for subpoena used by the criminal justice system. 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 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 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 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. 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