Terms Used In Utah Code > Title 10 > Chapter 3 > Part 9 - Appointed Officials and Their Duties

• 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.
• 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.
• 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
• Arrest: Taking physical custody of a person by lawful authority.
• 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.
• 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 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 11-34-1 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 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. 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 Contract: A legal written agreement that becomes binding when signed. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. County legislative body: means :Utah Code 68-3-12.5 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 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 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 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 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. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Ex officio: Literally, by virtue of one's office. 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. 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 collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104 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 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Land: includes :Utah Code 68-3-12.5 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 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 entity: means a county, city, town, metro township, special district, or special service district. See Utah Code 11-39-101 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 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 Municipal: means of or relating to a municipality. See Utah Code 10-1-104 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 Oversight: Committee review of the activities of a Federal agency or program. 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 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 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 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 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 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 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 this state. See Utah Code 11-34-1 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 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 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 Road: includes :Utah Code 68-3-12.5 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 Special district: means the same as that term is defined in Section 17B-1-102. See Utah Code 11-39-101 Specified public agency: means : (a)  the state; (b)  a school district; or (c)  a charter school. See Utah Code 11-36a-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. 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 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. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 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 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. Writing: includes :Utah Code 68-3-12.5