Part 2 Local Boards of Health 10-7-3
Part 3 Water, Lighting, and Sewers 10-7-4 – 10-7-14.3
Part 4 Sale or Lease of Power Plants 10-7-15 – 10-7-18
Part 5 Gifts to Railroads 10-7-19
Part 6 Contracts for Public Improvements 10-7-20.5
Part 7 Levy of Special Taxes by Cities and Towns 10-7-26 – 10-7-33
Part 11 Actions for Violations of Ordinances 10-7-65 – 10-7-76
Part 13 City Resources 10-7-79 – 10-7-86

Terms Used In Utah Code > Title 10 > Chapter 7 - Miscellaneous Powers of Cities and Towns

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adjacent political subdivision: means a political subdivision of the state with a boundary that abuts the lake authority boundary or includes lake authority land. See Utah Code 11-65-101
  • Administrator: means the same as that term is defined in Subsection (182). See Utah Code 31A-1-301
  • Adult: means an individual who is 18 years old or older. See Utah Code 31A-1-301
  • Agency: means :
    (a) a person other than an individual, including a sole proprietorship by which an individual does business under an assumed name; and
    (b) an insurance organization licensed or required to be licensed under Section 31A-23a-301, 31A-25-207, or 31A-26-209. See Utah Code 31A-1-301
  • Alien insurer: means an insurer domiciled outside the United States. See Utah Code 31A-1-301
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Annuity: means an agreement to make periodical payments for a period certain or over the lifetime of one or more individuals if the making or continuance of all or some of the series of the payments, or the amount of the payment, is dependent upon the continuance of human life. See Utah Code 31A-1-301
  • 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.
  • Application: means a document:
    (a) 
    (i) completed by an applicant to provide information about the risk to be insured; and
    (ii) that contains information that is used by the insurer to evaluate risk and decide whether to:
    (A) insure the risk under:
    (I) the coverage as originally offered; or
    (II) a modification of the coverage as originally offered; or
    (B) decline to insure the risk; or
    (b) used by the insurer to gather information from the applicant before issuance of an annuity contract. See Utah Code 31A-1-301
  • 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.
  • articles of incorporation: means :
    (a) the original articles;
    (b) a special law;
    (c) a charter;
    (d) an amendment;
    (e) restated articles;
    (f) articles of merger or consolidation;
    (g) a trust instrument;
    (h) another constitutive document for a trust or other entity that is not a corporation; and
    (i) an amendment to an item listed in Subsections (11)(a) through (h). See Utah Code 31A-1-301
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Authority: means the Utah Inland Port Authority, created in Section 11-58-201. See Utah Code 11-58-102
  • Authority: means the Point of the Mountain State Land Authority, created in Section 11-59-201. See Utah Code 11-59-102
  • Authority jurisdictional land: means land within the authority boundary delineated:
    (a) in the electronic shapefile that is the electronic component of H. See Utah Code 11-58-102
  • Base taxable value: means :
    (a) 
    (i) except as provided in Subsection (3)(a)(ii), for a project area that consists of the authority jurisdictional land, the taxable value of authority jurisdictional land in calendar year 2018; and
    (ii) for an area described in Section 11-58-600. See Utah Code 11-58-102
  • 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
  • Beneficiary: means a person holding a certificate representing a beneficial interest in the trust estate and assets. See Utah Code 16-15-102
  • Board: means the lake authority's governing body, created in Section 11-65-301. See Utah Code 11-65-101
  • Board: means the authority's governing body, created in Section 11-58-301. See Utah Code 11-58-102
  • Board: means the authority's board, created in Section 11-59-301. See Utah Code 11-59-102
  • Business plan: means the information required to be supplied to the commissioner under Subsections 31A-5-204(2)(i) and (j), including the information required when these subsections apply by reference under:
    (a) Section 31A-8-205; or
    (b) Subsection 31A-9-205(2). See Utah Code 31A-1-301
  • Business plan: means a plan designed to facilitate, encourage, and bring about development of the authority jurisdictional land to achieve the goals and objectives described in Subsection 11-58-203(1), including the development and establishment of an inland port. See Utah Code 11-58-102
  • Captive insurance company: means :
    (a) an insurer:
    (i) owned by a parent organization; and
    (ii) whose purpose is to insure risks of the parent organization and other risks as authorized under:
    (A) Chapter 37, Captive Insurance Companies Act; and
    (B) Chapter 37a, Special Purpose Financial Captive Insurance Company Act; or
    (b) in the case of a group or association, an insurer:
    (i) owned by the insureds; and
    (ii) whose purpose is to insure risks of:
    (A) a member organization;
    (B) a group member; or
    (C) an affiliate of:
    (I) a member organization; or
    (II) a group member. See Utah Code 31A-1-301
  • Certificate: means evidence of insurance given to:
    (a) an insured under a group insurance policy; or
    (b) a third party. See Utah Code 31A-1-301
  • Chambers: A judge's office.
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commercial trampoline: means a device that:
    (a) incorporates a trampoline bed; and
    (b) is used for recreational jumping, springing, bouncing, acrobatics, or gymnastics in a trampoline park. See Utah Code 11-63-102
  • Commission: means the Title and Escrow Commission created in Section 31A-2-403. See Utah Code 31A-2-402
  • 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.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Concurrence: means the entities given a concurring role must jointly agree for the action to be taken. See Utah Code 31A-2-402
  • Contaminated land: means land:
    (a) within a project area; and
    (b) that contains hazardous materials, as defined in Section 19-6-302, hazardous substances, as defined in Section 19-6-302, or landfill material on, in, or under the land. See Utah Code 11-58-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Corporation: means an insurance corporation, except when referring to:
    (i) a corporation doing business:
    (A) as:
    (I) an insurance producer;
    (II) a surplus lines producer;
    (III) a limited line producer;
    (IV) a consultant;
    (V) a managing general agent;
    (VI) a reinsurance intermediary;
    (VII) a third party administrator; or
    (VIII) an adjuster; and
    (B) under:
    (I) Chapter 23a, Insurance Marketing - Licensing Producers, Consultants, and Reinsurance Intermediaries;
    (II) Chapter 25, Third Party Administrators; or
    (III) Chapter 26, Insurance Adjusters; or
    (ii) a noninsurer that is part of a holding company system under Chapter 16, Insurance Holding Companies. See Utah Code 31A-1-301
  • County legislative body: means :Utah Code 68-3-12.5
  • Creditor: means a person, including an insured, having a claim, whether:
    (a) matured;
    (b) unmatured;
    (c) liquidated;
    (d) unliquidated;
    (e) secured;
    (f) unsecured;
    (g) absolute;
    (h) fixed; or
    (i) contingent. See Utah Code 31A-1-301
  • 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.
  • Department: means the Insurance Department. See Utah Code 31A-1-301
  • Development: means :
    (a) the demolition, construction, reconstruction, modification, expansion, or improvement of a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or other facility, including public infrastructure and improvements; and
    (b) the planning of, arranging for, or participation in any of the activities listed in Subsection (7)(a). See Utah Code 11-58-102
  • Development project: means a project for the development of land within a project area. See Utah Code 11-58-102
  • Direct charge: means a charge, fee, assessment, or amount, other than a property tax, that a political subdivision charges to a property owner. See Utah Code 11-60-102
  • Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 16-15-102
  • Domestic insurer: means an insurer organized under the laws of this state. See Utah Code 31A-1-301
  • Dual licensed title licensee: means a title licensee who holds:
    (a) an individual title insurance producer license as a title licensee; and
    (b) a license or certificate under:
    (i) Title 61, Chapter 2c, Utah Residential Mortgage Practices and Licensing Act;
    (ii) Title 61, Chapter 2f, Real Estate Licensing and Practices Act; or
    (iii) Title 61, Chapter 2g, Real Estate Appraiser Licensing and Certification Act. See Utah Code 31A-2-402
  • Eligible patient: means an individual who has been diagnosed with a terminal illness by a physician. See Utah Code 58-85-102
  • Emergency response plan: means a written plan of action for the reasonable and appropriate contact, deployment, and coordination of services, agencies, and personnel to provide the earliest possible response to an injury or emergency. See Utah Code 11-63-102
  • Employee: means a person who is not an elected or appointed officer and who is employed on a full- or part-time basis by a political subdivision. See Utah Code 11-57-102
  • Enclosed mobile business: means a business that maintains ongoing mobility and of which the receipt of goods or services offered and point of sales occurs within an enclosed vehicle, an enclosed trailer, or an enclosed mobile structure. See Utah Code 11-56-102
  • 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
  • Event permit: means a permit that a political subdivision issues to the organizer of a mobile business event located on public property. See Utah Code 11-56-102
  • 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: when used to describe the powers, duties, or functions of a person or body elected as the county executive or a person appointed as the county manager or administrative officer, refers to:
    (a) the power and duty to carry laws and ordinances into effect and secure their due observance; and
    (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the executive branch of government. See Utah Code 17-50-101
  • Expressive activity: means :
    (a) peacefully assembling, protesting, or speaking;
    (b) distributing literature;
    (c) carrying a sign; or
    (d) signature gathering or circulating a petition. See Utah Code 11-61-102
  • Facilities division: means the Division of Facilities Construction and Management, created in Section 63A-5b-301. See Utah Code 11-59-102
  • Filed: means the division has received and approved, as to form, a document submitted under this chapter, and has marked on the face of the document a stamp or seal indicating the time of day and date of approval, the name of the division, the division director's signature and division seal, or facsimiles of the signature or seal. See Utah Code 16-11-2
  • Filed: means that a filing is:
    (i) submitted to the department as required by and in accordance with applicable statute, rule, or filing order;
    (ii) received by the department within the time period provided in applicable statute, rule, or filing order; and
    (iii) accompanied by the appropriate fee in accordance with:
    (A) Section 31A-3-103; or
    (B) rule. See Utah Code 31A-1-301
  • Filing: when used as a noun, means an item required to be filed with the department including:
    (a) a policy;
    (b) a rate;
    (c) a form;
    (d) a document;
    (e) a plan;
    (f) a manual;
    (g) an application;
    (h) a report;
    (i) a certificate;
    (j) an endorsement;
    (k) an actuarial certification;
    (l) a licensee annual statement;
    (m) a licensee renewal application;
    (n) an advertisement;
    (o) a binder; or
    (p) an outline of coverage. See Utah Code 31A-1-301
  • 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.
  • Food cart: means a cart:
    (i) that is not motorized; and
    (ii) that a vendor, standing outside the frame of the cart, uses to prepare, sell, or serve food or beverages for immediate human consumption. See Utah Code 11-56-102
  • Food truck: means a fully encased food service establishment:
    (i) on a motor vehicle or on a trailer that a motor vehicle pulls to transport; and
    (ii) from which a food truck vendor, standing within the frame of the vehicle, prepares, cooks, sells, or serves food or beverages for immediate human consumption. See Utah Code 11-56-102
  • Form: means one of the following prepared for general use:
    (i) a policy;
    (ii) a certificate;
    (iii) an application;
    (iv) an outline of coverage; or
    (v) an endorsement. See Utah Code 31A-1-301
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104
  • Grantor: The person who establishes a trust and places property into it.
  • Health department permit: means a document that a local health department issues to authorize a mobile business to operate within the jurisdiction of the local health department. See Utah Code 11-56-102
  • Highway: includes :Utah Code 68-3-12.5
  • Ice cream truck: means a fully encased food service establishment:
    (i) on a motor vehicle or on a trailer that a motor vehicle pulls to transport;
    (ii) from which a vendor, from within the frame of the vehicle, serves ice cream;
    (iii) that attracts patrons by traveling through a residential area and signaling the truck's presence in the area, including by playing music; and
    (iv) that may stop to serve ice cream at the signal of a patron. See Utah Code 11-56-102
  • Individual: means a natural person. See Utah Code 31A-1-301
  • Inherent risk: means a danger or condition that is an integral part of an activity occurring at a trampoline park. See Utah Code 11-63-102
  • Inland port: means one or more sites that:
    (a) contain multimodal facilities, intermodal facilities, or other facilities that:
    (i) are related but may be separately owned and managed; and
    (ii) together are intended to:
    (A) allow global trade to be processed and altered by value-added services as goods move through the supply chain;
    (B) provide a regional merging point for transportation modes for the distribution of goods to and from ports and other locations in other regions;
    (C) provide cargo-handling services to allow freight consolidation and distribution, temporary storage, customs clearance, and connection between transport modes; and
    (D) provide international logistics and distribution services, including freight forwarding, customs brokerage, integrated logistics, and information systems; and
    (b) may include a satellite customs clearance terminal, an intermodal facility, a customs pre-clearance for international trade, or other facilities that facilitate, encourage, and enhance regional, national, and international trade. See Utah Code 11-58-102
  • Inland port use: means a use of land:
    (a) for an inland port;
    (b) that directly implements or furthers the purposes of an inland port, as stated in Subsection (9);
    (c) that complements or supports the purposes of an inland port, as stated in Subsection (9); or
    (d) that depends upon the presence of the inland port for the viability of the use. See Utah Code 11-58-102
  • Inspection: means a procedure that an inspector conducts to:
    (a) determine whether a trampoline park facility, including any device or material, is constructed, assembled, maintained, tested, and operated in accordance with this chapter and the manufacturer's recommendations;
    (b) determine the operational safety of a trampoline park facility, including any device or material; and
    (c) determine whether the trampoline park's policies and procedures comply with this chapter. See Utah Code 11-63-102
  • Inspector: means an individual who:
    (a) conducts an inspection of a trampoline park to certify compliance with this chapter and industry safety standards; and
    (b) 
    (i) is certified by:
    (A) an organization that develops and publishes consensus standards for a wide range of materials, products, systems, and services that are used for trampolines; or
    (B) an organization that promotes trampoline park safety and adopts the standards described in Subsection (5)(b)(i)(A);
    (ii) represents the insurer of the trampoline park;
    (iii) represents or is certified by a department or agency, regardless of whether the agency is located within the state, that:
    (A) inspects amusement and recreational facilities and equipment; and
    (B) certifies and trains professional private industry inspectors through written testing and continuing education requirements; or
    (iv) represents an organization that the United States Olympic Committee designates as the national governing body for gymnastics. See Utah Code 11-63-102
  • Insurance: includes :
    (i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
    (ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
    (iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
  • insurance company: means a person doing an insurance business as a principal including:
    (i) a fraternal benefit society;
    (ii) an issuer of a gift annuity other than an annuity specified in Subsections 31A-22-1305(2) and (3);
    (iii) a motor club;
    (iv) an employee welfare plan;
    (v) a person purporting or intending to do an insurance business as a principal on that person's own account; and
    (vi) a health maintenance organization. See Utah Code 31A-1-301
  • Insured: means a person to whom or for whose benefit an insurer makes a promise in an insurance policy and includes:
    (i) a policyholder;
    (ii) a subscriber;
    (iii) a member; and
    (iv) a beneficiary. See Utah Code 31A-1-301
  • Insurer: means the same as that term is defined in Section 31A-1-301. See Utah Code 58-85-102
  • 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
  • Intermodal facility: means a facility for transferring containerized cargo between rail, truck, air, or other transportation modes. See Utah Code 11-58-102
  • Investigational device: means a device that:
    (a) meets the definition of "investigational device" in 21 C. See Utah Code 58-85-102
  • Investigational drug: means a drug that:
    (a) meets the definition of "investigational new drug" in 21 C. See Utah Code 58-85-102
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Lake authority: means the Utah Lake Authority, created in Section 11-65-201. See Utah Code 11-65-101
  • Lake authority boundary: means the boundary:
    (a) defined by recorded boundary settlement agreements between private landowners and the Division of Forestry, Fire, and State Lands; and
    (b) that separates privately owned land from Utah Lake sovereign land. See Utah Code 11-65-101
  • Lake authority land: means land on the lake side of the lake authority boundary. See Utah Code 11-65-101
  • Land: includes :Utah Code 68-3-12.5
  • Landfill material: means garbage, waste, debris, or other materials disposed of or placed in a landfill. See Utah Code 11-58-102
  • 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: when used to describe the powers, duties, or functions of a county commission or council, refers to:
    (a) the power and duty to enact ordinances, levy taxes, and establish budgets; and
    (b) those powers, duties, and functions that, under constitutional and statutory provisions and through long usage and accepted practice and custom at the federal and state level, have come to be regarded as belonging to the legislative branch of government. See Utah Code 17-50-101
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Liability insurance: includes :
    (i) vehicle liability insurance;
    (ii) residential dwelling liability insurance; and
    (iii) making inspection of, and issuing a certificate of inspection upon, an elevator, boiler, machinery, or apparatus of any kind when done in connection with insurance on the elevator, boiler, machinery, or apparatus. See Utah Code 31A-1-301
  • License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life insurance: means :
    (i) insurance on a human life; and
    (ii) insurance pertaining to or connected with human life. See Utah Code 31A-1-301
  • Local health department: means the same as that term is defined in Section 26A-1-102. See Utah Code 11-56-102
  • Local regulating authority: means the business licensing division of:
    (a) the city, town, or metro township in which the trampoline park is located; or
    (b) if the trampoline park is located in an unincorporated area, the county. See Utah Code 11-63-102
  • Management: means work to coordinate and facilitate the improvement of Utah Lake, including work to enhance the long-term viability and health of Utah Lake and to produce economic, aesthetic, recreational, environmental, and other benefits for the state, consistent with the strategies, policies, and objectives described in this chapter. See Utah Code 11-65-101
  • Management plan: means a plan to conceptualize, design, facilitate, coordinate, encourage, and bring about the management of the lake authority land to achieve the policies and objectives described in Section 11-65-203. See Utah Code 11-65-101
  • Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301
  • Mobile business: means an enclosed mobile business, a food cart, a food truck, or an ice cream truck. See Utah Code 11-56-102
  • Mobile business event: means an event at which a mobile business has been invited by the event organizer to offer the mobile business's goods or services at a private or public gathering. See Utah Code 11-56-102
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Municipal: means of or relating to a municipality. See Utah Code 10-1-104
  • Municipality: means :
    (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
  • Mutual: means a mutual insurance corporation. See Utah Code 31A-1-301
  • New correctional facility: means the state correctional facility being developed in Salt Lake City to replace the state correctional facility in Draper. See Utah Code 11-59-102
  • Nonrecurring tax notice charge: means a tax notice charge that a political subdivision certifies to the county treasurer on a one-time or case-by-case basis rather than regularly over multiple calendar years. See Utah Code 11-60-102
  • Nonvoting member: means an individual appointed as a member of the board under Subsection 11-65-302(6) who does not have the power to vote on matters of lake authority business. See Utah Code 11-65-101
  • Nonvoting member: means an individual appointed as a member of the board under Subsection 11-58-302(3) who does not have the power to vote on matters of authority business. See Utah Code 11-58-102
  • Notice of lien: means a notice that:
    (a) a political subdivision records in the office of the recorder of the county in which a property that is the subject of a nonrecurring tax notice charge is located; and
    (b) describes the nature and amount of the nonrecurring tax notice charge and whether the political subdivision intends to certify the charge to the county treasurer under statutory authority that allows the treasurer to place the charge on the property tax notice described in Section 59-2-1317. See Utah Code 11-60-102
  • 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.
  • Officer: means a person who is elected or appointed to an office or position within a political subdivision. See Utah Code 11-57-102
  • Operator: means a person who owns, manages, or controls or who has the duty to manage or control the operation of a trampoline park. See Utah Code 11-63-102
  • Operator: means a person, including a vendor, who owns, manages, controls, or operates a mobile business. See Utah Code 11-56-102
  • Order: means an order of the commissioner. See Utah Code 31A-1-301
  • Participant: means an individual that uses trampoline park equipment. See Utah Code 11-63-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Permanent surplus: means the surplus of an insurer or organization that is designated by the insurer or organization as permanent. See Utah Code 31A-1-301
  • Person: means :Utah Code 68-3-12.5
  • Person: includes :
    (a) an individual;
    (b) a partnership;
    (c) a corporation;
    (d) an incorporated or unincorporated association;
    (e) a joint stock company;
    (f) a trust;
    (g) a limited liability company;
    (h) a reciprocal;
    (i) a syndicate; or
    (j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • Person: means an individual, general partnership, limited liability partnership, limited partnership, limited liability company, limited association, domestic or foreign trust, estate, association, or corporation. See Utah Code 16-15-102
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • Personal use expenditure: means an expenditure made without the authority of law that:
    (i) is not directly related to the performance of an activity as an officer or employee of a political subdivision;
    (ii) primarily furthers a personal interest of an officer or employee of a political subdivision or the family, a friend, or an associate of an officer or employee of a political subdivision; and
    (iii) would constitute taxable income under federal law. See Utah Code 11-57-102
  • Physician: means an individual who is licensed under:
    (a) Title 58, Chapter 67, Utah Medical Practice Act; or
    (b) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act. See Utah Code 58-85-102
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Point of the mountain state land: means the approximately 700 acres of state-owned land in Draper, including land used for the operation of a state correctional facility until completion of the new correctional facility and state-owned land in the vicinity of the current state correctional facility. See Utah Code 11-59-102
  • Policy: includes a service contract issued by:
    (i) a motor club under Chapter 11, Motor Clubs;
    (ii) a service contract provided under Chapter 6a, Service Contracts; and
    (iii) a corporation licensed under:
    (A) Chapter 7, Nonprofit Health Service Insurance Corporations; or
    (B) Chapter 8, Health Maintenance Organizations and Limited Health Plans. See Utah Code 31A-1-301
  • Policyholder: means a person who controls a policy, binder, or oral contract by ownership, premium payment, or otherwise. See Utah Code 31A-1-301
  • Political subdivision: means :
    (a) a city, town, or metro township; or
    (b) a county, as it relates to the licensing and regulation of businesses in the unincorporated area of the county. See Utah Code 11-56-102
  • Political subdivision: means any county, city, town, school district, community reinvestment agency, special improvement or taxing district, special district, special service district, entity created by an interlocal agreement adopted under Title 11, Chapter 13, Interlocal Cooperation Act, or other governmental subdivision or public corporation. See Utah Code 11-57-102
  • Political subdivision: means :
    (a) a county, as that term is defined in Section 17-50-101;
    (b) a municipality, as that term is defined in Section 10-1-104;
    (c) a special district, as that term is defined in Section 17B-1-102;
    (d) a special service district, as that term is defined in Section 17D-1-102;
    (e) an interlocal entity, as that term is defined in Section 11-13-103;
    (f) a community reinvestment agency created under Title 17C, Limited Purpose Local Government Entities - Community Reinvestment Agency Act;
    (g) a local building authority, as that term is defined in Section 17D-2-102;
    (h) a conservation district, as that term is defined in Section 17D-3-102; or
    (i) a local entity, as that term is defined in Sections 11-42-102 and 11-42a-102. See Utah Code 11-60-102
  • Political subdivision: means a county, city, town, or metro township. See Utah Code 11-61-102
  • Political subdivision lien: means a lien that a statute expressly authorizes a political subdivision to hold and record, including a direct charge that constitutes, according to an express statutory provision, a lien. See Utah Code 11-60-102
  • Premium: includes , however designated:
    (i) an assessment;
    (ii) a membership fee;
    (iii) a required contribution; or
    (iv) monetary consideration. See Utah Code 31A-1-301
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • producer: means a person licensed or required to be licensed under the laws of this state to sell, solicit, or negotiate insurance. See Utah Code 31A-1-301
  • Professional corporation: means a corporation organized under this chapter. See Utah Code 16-11-2
  • Professional service: means the personal service rendered by:
    (a) a physician, surgeon, or doctor of medicine holding a license under Title 58, Chapter 67, Utah Medical Practice Act, and any subsequent laws regulating the practice of medicine;
    (b) a doctor of dentistry holding a license under Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act, and any subsequent laws regulating the practice of dentistry;
    (c) an osteopathic physician or surgeon holding a license under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, and any subsequent laws regulating the practice of osteopathy;
    (d) a physician assistant holding a license under Title 58, Chapter 70a, Utah Physician Assistant Act, and any subsequent laws regulating the practice as a physician assistant;
    (e) a chiropractor holding a license under Title 58, Chapter 73, Chiropractic Physician Practice Act, and any subsequent laws regulating the practice of chiropractics;
    (f) a podiatric physician holding a license under Title 58, Chapter 5a, Podiatric Physician Licensing Act, and any subsequent laws regulating the practice of podiatry;
    (g) an optometrist holding a license under Title 58, Chapter 16a, Utah Optometry Practice Act, and any subsequent laws regulating the practice of optometry;
    (h) a veterinarian holding a license under Title 58, Chapter 28, Veterinary Practice Act, and any subsequent laws regulating the practice of veterinary medicine;
    (i) an architect holding a license under Title 58, Chapter 3a, Architects Licensing Act, and any subsequent laws regulating the practice of architecture;
    (j) a public accountant holding a license under Title 58, Chapter 26a, Certified Public Accountant Licensing Act, and any subsequent laws regulating the practice of public accounting;
    (k) a naturopath holding a license under Title 58, Chapter 71, Naturopathic Physician Practice Act, and any subsequent laws regulating the practice of naturopathy;
    (l) a pharmacist holding a license under Title 58, Chapter 17b, Pharmacy Practice Act, and any subsequent laws regulating the practice of pharmacy;
    (m) an attorney granted the authority to practice law by:
    (i) the Utah Supreme Court; or
    (ii) the Supreme Court, other court, agency, instrumentality, or regulating board that licenses or regulates the authority to practice law in any state or territory of the United States other than Utah;
    (n) a professional engineer registered under Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors Licensing Act;
    (o) a principal broker, associate broker, or sales agent holding a license under Title 61, Chapter 2f, Real Estate Licensing and Practices Act, and any subsequent laws regulating the selling, exchanging, purchasing, renting, or leasing of real estate;
    (p) a psychologist holding a license under Title 58, Chapter 61, Psychologist Licensing Act, and any subsequent laws regulating the practice of psychology;
    (q) a clinical or certified social worker holding a license under 2, and any subsequent laws regulating the practice of social work;
    (r) a physical therapist holding a license under Title 58, Chapter 24b, Physical Therapy Practice Act, and any subsequent laws regulating the practice of physical therapy;
    (s) a nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, or Title 58, Chapter 44a, Nurse Midwife Practice Act;
    (t) a landscape architect licensed under Title 58, Chapter 53, Landscape Architects Licensing Act, and any subsequent laws regulating landscape architects; or
    (u) an individual licensed, certified, or registered under Title 61, Chapter 2g, Real Estate Appraiser Licensing and Certification Act, and any subsequent laws regulating the practice of appraising real estate. See Utah Code 16-11-2
  • Project area: means an area that is identified in a project area plan as the area where the management described in the project area plan will occur. See Utah Code 11-65-101
  • Project area: means :
    (a) the authority jurisdictional land, subject to Section 11-58-605; or
    (b) land outside the authority jurisdictional land, whether consisting of a single contiguous area or multiple noncontiguous areas, described in a project area plan or draft project area plan, where the development project set forth in the project area plan or draft project area plan takes place or is proposed to take place. See Utah Code 11-58-102
  • Project area budget: means a multiyear projection of annual or cumulative revenues and expenses and other fiscal matters pertaining to a project area. See Utah Code 11-65-101
  • Project area budget: means a multiyear projection of annual or cumulative revenues and expenses and other fiscal matters pertaining to the project area. See Utah Code 11-58-102
  • Project area plan: means a written plan that, after the plan's effective date, manages activity within a project area within the scope of a management plan. See Utah Code 11-65-101
  • Project area plan: means a written plan that, after its effective date, guides and controls the development within a project area. See Utah Code 11-58-102
  • Property tax: includes a privilege tax and each levy on an ad valorem basis on tangible or intangible personal or real property. See Utah Code 11-58-102
  • Property tax: means a tax imposed on real property under Title 59, Chapter 2, Property Tax Act, Title 59, Chapter 3, Tax Equivalent Property Act, or Title 59, Chapter 4, Privilege Tax. See Utah Code 11-60-102
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public building: means a building or permanent structure that is:
    (i) owned, leased, or occupied by a political subdivision or a subunit of a political subdivision;
    (ii) open to public access in whole or in part; and
    (iii) used for public education or political subdivision activities. See Utah Code 11-61-102
  • Public entity: means :
    (a) the state, including each department, division, or other agency of the state; or
    (b) a county, city, town, metro township, school district, special district, special service district, interlocal cooperation entity, community reinvestment agency, or other political subdivision of the state, including the authority. See Utah Code 11-59-102
  • Public entity: means :
    (a) the state, including each department, division, or other agency of the state; or
    (b) a county, city, town, metro township, school district, special district, special service district, interlocal cooperation entity, community reinvestment agency, or other political subdivision of the state. See Utah Code 11-65-101
  • Public entity: means :
    (a) the state, including each department, division, or other agency of the state; or
    (b) a county, city, town, metro township, school district, special district, special service district, interlocal cooperation entity, community reinvestment agency, or other political subdivision of the state, including the authority. See Utah Code 11-58-102
  • Public funds: means the same as that term is defined in Section 51-7-3. See Utah Code 11-57-102
  • Public grounds: includes sidewalks, streets, and parks. See Utah Code 11-61-102
  • Public infrastructure and improvements: includes :
    (i) facilities, lines, or systems that provide:
    (A) water, chilled water, or steam; or
    (B) sewer, storm drainage, natural gas, electricity, energy storage, renewable energy, microgrids, or telecommunications service;
    (ii) streets, roads, curb, gutter, sidewalk, walkways, solid waste facilities, parking facilities, rail lines, intermodal facilities, multimodal facilities, and public transportation facilities;
    (iii) an inland port; and
    (iv) infrastructure, improvements, facilities, or buildings that are developed as part of a remediation project. See Utah Code 11-58-102
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Quorum: The number of legislators that must be present to do business.
  • Rate: means :
    (i) the cost of a given unit of insurance; or
    (ii) for property or casualty insurance, that cost of insurance per exposure unit either expressed as:
    (A) a single number; or
    (B) a pure premium rate, adjusted before the application of individual risk variations based on loss or expense considerations to account for the treatment of:
    (I) expenses;
    (II) profit; and
    (III) individual insurer variation in loss experience. See Utah Code 31A-1-301
  • Real Estate Commission: means the Real Estate Commission created in Section 61-2f-103. See Utah Code 31A-2-402
  • 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.
  • Rebate: means a licensee paying, allowing, giving, or offering to pay, allow, or give, directly or indirectly:
    (i) a refund of premium or portion of premium;
    (ii) a refund of commission or portion of commission;
    (iii) a refund of all or a portion of a consultant fee; or
    (iv) providing services or other benefits not specified in an insurance or annuity contract. See Utah Code 31A-1-301
  • Received by the department: means :
    (a) the date delivered to and stamped received by the department, if delivered in person;
    (b) the post mark date, if delivered by mail;
    (c) the delivery service's post mark or pickup date, if delivered by a delivery service;
    (d) the received date recorded on an item delivered, if delivered by:
    (i) facsimile;
    (ii) email; or
    (iii) another electronic method; or
    (e) a date specified in:
    (i) a statute;
    (ii) a rule; or
    (iii) an order. See Utah Code 31A-1-301
  • Regulating board: means the board that is charged with the licensing and regulation of the practice of the profession which the professional corporation is organized to render. See Utah Code 16-11-2
  • Reinsurance: means an insurance transaction where an insurer, for consideration, transfers any portion of the risk it has assumed to another insurer. See Utah Code 31A-1-301
  • Reinsurer: means a person licensed in this state as an insurer with the authority to assume reinsurance. See Utah Code 31A-1-301
  • Remediation: includes :
    (a) activities for the cleanup, rehabilitation, and development of contaminated land; and
    (b) acquiring an interest in land within a remediation project area. See Utah Code 11-58-102
  • Remediation differential: means property tax differential generated from a remediation project area. See Utah Code 11-58-102
  • Remediation project: means a project for the remediation of contaminated land that:
    (a) is owned by:
    (i) the state or a department, division, or other instrumentality of the state;
    (ii) an independent entity, as defined in Section 63E-1-102; or
    (iii) a political subdivision of the state; and
    (b) became contaminated land before the owner described in Subsection (24)(a) obtained ownership of the land. See Utah Code 11-58-102
  • Remediation project area: means a project area consisting of contaminated land that is or is expected to become the subject of a remediation project. See Utah Code 11-58-102
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Residential dwelling liability insurance: means insurance against liability resulting from or incident to the ownership, maintenance, or use of a residential dwelling that is a detached single family residence or multifamily residence up to four units. See Utah Code 31A-1-301
  • Road: includes :Utah Code 68-3-12.5
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Shapefile: means the digital vector storage format for storing geometric location and associated attribute information. See Utah Code 11-58-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Sovereign land: means land:
    (a) lying below the ordinary high water mark of a navigable body of water at the date of statehood; and
    (b) owned by the state by virtue of the state's sovereignty. See Utah Code 11-65-101
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Surplus: means the excess of assets over the sum of paid-in capital and liabilities. See Utah Code 31A-1-301
  • Tax notice charge: means the same as that term is defined in Section 59-2-1301. See Utah Code 11-60-102
  • Tax sale: means the tax sale described in 13. See Utah Code 11-60-102
  • Taxable value: means the value of property as shown on the last equalized assessment roll. See Utah Code 11-58-102
  • Taxing entity: means the same as that term is defined in Section 59-2-102. See Utah Code 11-59-102
  • Temporary mass gathering: means :
    (i) an actual or reasonably anticipated assembly of 500 or more people that continues, or reasonably can be expected to continue, for two or more hours per day; or
    (ii) an event that requires a more extensive review to protect public health and safety because the event's nature or conditions have the potential of generating environmental or health risks. See Utah Code 11-56-102
  • Terminal illness: means a condition of a patient that:
    (a) as determined by a physician:
    (i) is likely to pose a greater risk to the patient than the risk posed to the patient by treatment with an investigational drug or investigational device; and
    (ii) will inevitably lead to the patient's death; and
    (b) presents the patient, after the patient has explored conventional therapy options, with no treatment option that is satisfactory or comparable to treatment with an investigational drug or device. See Utah Code 58-85-102
  • Title insurance: means the insuring, guaranteeing, or indemnifying of an owner of real or personal property or the holder of liens or encumbrances on that property, or others interested in the property against loss or damage suffered by reason of liens or encumbrances upon, defects in, or the unmarketability of the title to the property, or invalidity or unenforceability of any liens or encumbrances on the property. See Utah Code 31A-1-301
  • Title insurance matter: means a matter related to:
    (a) title insurance;
    (b) an escrow conducted by an individual title insurance producer or agency title insurance producer;
    (c) licensing, examination, and continuing education of an applicant to be a title licensee; or
    (d) conduct of a title licensee. See Utah Code 31A-2-402
  • Title licensee: means a person licensed under this title as:
    (a) an agency title insurance producer with a title insurance line of authority;
    (b) an individual title insurance producer with:
    (i) a general title insurance line of authority; or
    (ii) a specific category of authority for title insurance; or
    (c) a title insurance adjuster. See Utah Code 31A-2-402
  • Total adjusted capital: means the sum of an insurer's or health organization's statutory capital and surplus as determined in accordance with:
    (a) the statutory accounting applicable to the annual financial statements required to be filed under Section 31A-4-113; and
    (b) another item provided by the RBC instructions, as RBC instructions is defined in Section 31A-17-601. See Utah Code 31A-1-301
  • 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
  • Trampoline bed: means the flexible surface of a trampoline on which a user jumps or bounces. See Utah Code 11-63-102
  • Trampoline court: means an area of a trampoline park comprising:
    (a) multiple commercial trampolines; or
    (b) at least one commercial trampoline and at least one associated foam or inflatable bag pit. See Utah Code 11-63-102
  • Trampoline park: means a place of business that offers the recreational use of a trampoline court for a fee. See Utah Code 11-63-102
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trustee: A person or institution holding and administering property in trust.
  • 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
  • Utah Lake: includes all waters of Utah Lake and all land, whether or not submerged under water, within the lake authority boundary. See Utah Code 11-65-101
  • Venue: The geographical location in which a case is tried.
  • Voting member: means an individual appointed as a member of the board under Subsection 11-65-302(2). See Utah Code 11-65-101
  • Voting member: means an individual appointed or designated as a member of the board under Subsection 11-58-302(2). See Utah Code 11-58-102
  • Writing: includes :Utah Code 68-3-12.5