Utah Code > Title 11 > Chapter 2 – Playgrounds


§ 11-2-1	Local authorities may designate and acquire property for playgrounds and recreational facilities
§ 11-2-2	Entertainment facilities for citizenry
§ 11-2-3	Recreation board
§ 11-2-4	Number of members of board — Selection — Term
§ 11-2-5	Chairman, secretary and other officers of board
§ 11-2-6	Cooperation between school districts and cities, towns and counties
§ 11-2-7	Expenses — Payment of — Authority to appropriate and tax — Licensing of television owners and users — Collection of license fees
§ 11-2-8	Donations

Terms Used In Utah Code > Title 11 > Chapter 2 - Playgrounds

Accident and health insurance: means insurance to provide protection against economic losses resulting from:

(i)

a medical condition including:

(A)	a medical care expense; or

(B)	the risk of disability;

(ii)	accident; or

(iii)

sickness. See Utah Code 31A-1-301

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.

Affected entity: means :

(i)	a county of the first or second class in whose unincorporated area the area proposed for annexation is located;

(ii)	a county of the third, fourth, fifth, or sixth class in whose unincorporated area the area proposed for annexation is located, if the area includes residents or commercial or industrial development;

(iii)

a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or special service district under Title 17D, Chapter 1, Special Service District Act, whose boundary includes any part of an area proposed for annexation;

(iv)	a school district whose boundary includes any part of an area proposed for annexation, if the boundary is proposed to be adjusted as a result of the annexation; and

(v)

a municipality whose boundaries are within 1/2 mile of an area proposed for annexation. See Utah Code 10-2-401

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

Annexation petition: means a petition under Section 10-2-403 proposing the annexation to a municipality of a contiguous, unincorporated area that is contiguous to the municipality. See Utah Code 10-2-401

Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.

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

Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.

authorized insurer: means an insurer:

(i)	holding a valid certificate of authority to do an insurance business in this state; and

(ii)

transacting business as authorized by a valid certificate. See Utah Code 31A-1-301

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}

Bequest: Property gifted by will.

Binder: means the same as that term is defined in Section 31A-21-102. See Utah Code 31A-1-301

business of insurance: includes :

(a)	providing health care insurance by an organization that is or is required to be licensed under this title;

(b)

providing a benefit to an employee in the event of a contingency not within the control of the employee, in which the employee is entitled to the benefit as a right, which benefit may be provided either:

(i)	by a single employer or by multiple employer groups; or

(ii)	through one or more trusts, associations, or other entities;

(c)

providing an annuity:

(i)	including an annuity issued in return for a gift; and

(ii)	except an annuity provided by a person specified in Subsections 31A-22-1305(2) and (3);

(d)	providing the characteristic services of a motor club;

(e)	providing another person with insurance;

(f)	making as insurer, guarantor, or surety, or proposing to make as insurer, guarantor, or surety, a contract or policy offering title insurance;

(g)

transacting or proposing to transact any phase of title insurance, including:

(i)	solicitation;

(ii)	negotiation preliminary to execution;

(iii)

execution of a contract of title insurance;

(iv)	insuring; and

(v)	transacting matters subsequent to the execution of the contract and arising out of the contract, including reinsurance;

(h)	transacting or proposing a life settlement; and

(i)

doing, or proposing to do, any business in substance equivalent to Subsections (95)(a) through (h) in a manner designed to evade this title. See Utah Code 31A-1-301

Casualty insurance: means liability insurance. 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

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

classification: means the process of grouping risks with similar risk characteristics so that differences in anticipated costs may be recognized. See Utah Code 31A-19a-102

Commission: means a boundary commission established under Section 10-2-409 for the county in which the property that is proposed for annexation is located. See Utah Code 10-2-401

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.

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 executive: means :Utah Code 68-3-12.5

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

Credit life insurance: means insurance on the life of a debtor in connection with an extension of credit that pays a person if the debtor dies. See Utah Code 31A-1-301

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

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

Dependent: A person dependent for support upon another.

Devise: To gift property by will.

Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301

Disability: means a physiological or psychological condition that partially or totally limits an individual's ability to:

(a)

perform the duties of:

(i)	that individual's occupation; or

(ii)	an occupation for which the individual is reasonably suited by education, training, or experience; or

(b)

perform two or more of the following basic activities of daily living:

(i)

eating;

(ii)	toileting;

(iii)

transferring;

(iv)	bathing; or

(v)

dressing. See Utah Code 31A-1-301

Dividend: means money paid to a policyholder from the remaining portion of the premium paid for a policy:

(a)	based on the participating class of business; and

(b)

after the insurer has made deductions for:

(i)

losses;

(ii)

expenses;

(iii)

additions to reserves; and

(iv)

profit and contingencies. See Utah Code 31A-19a-102

Donor: The person who makes a gift.

Employee: means :

(a)	an individual employed by an employer; or

(b)

an individual who meets the requirements of Subsection (53)(b). See Utah Code 31A-1-301

Endorsement: means a written agreement attached to a policy or certificate to modify the policy or certificate coverage. See Utah Code 31A-1-301

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}

Escrow: Money given to a third party to be held for payment until certain conditions are met.

Escrow: means :

(i)

a transaction that effects the sale, transfer, encumbering, or leasing of real property, when a person not a party to the transaction, and neither having nor acquiring an interest in the title, performs, in accordance with the written instructions or terms of the written agreement between the parties to the transaction, any of the following actions:

(A)	the explanation, holding, or creation of a document; or

(B)	the receipt, deposit, and disbursement of money;

(ii)

a settlement or closing involving:

(A)	a mobile home;

(B)	a grazing right;

(C)	a water right; or

(D)

other personal property authorized by the commissioner. See Utah Code 31A-1-301

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.

exchange: means an exchange made pursuant to Section 1035, Internal Revenue Code, as may be amended. See Utah Code 31A-21-104

Expenses: means that portion of a rate attributable to:

(a)	acquisition;

(b)	field supervision;

(c)	collection expenses;

(d)	general expenses;

(e)

taxes;

(f)	licenses; and

(g)

fees. See Utah Code 31A-19a-102

Experience rating: means a rating procedure that:

(a)	uses the past insurance experience of an individual policyholder to forecast the future losses of the policyholder by measuring the policyholder's loss experience against the loss experience of policyholders in the same classification; and

(b)

produces a prospective premium credit, debit, or unity modification. See Utah Code 31A-19a-102

Feasibility consultant: means a person or firm with expertise in the processes and economics of local government. See Utah Code 10-2-401

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

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

Group insurance policy: means a policy covering a group of persons that is issued:

(i)	to a policyholder on behalf of the group; and

(ii)

for the benefit of a member of the group who is selected under a procedure defined in:

(A)	the policy; or

(B)

an agreement that is collateral to the policy. See Utah Code 31A-1-301

health insurance: means insurance providing:

(i)	a health care benefit; or

(ii)

payment of an incurred health care expense. See Utah Code 31A-1-301

Individual: means a natural person. See Utah Code 31A-1-301

Inland marine insurance: includes insurance covering:

(a)	property in transit on or over land;

(b)	property in transit over water by means other than boat or ship;

(c)	bailee liability;

(d)	fixed transportation property such as bridges, electric transmission systems, radio and television transmission towers and tunnels; and

(e)

personal and commercial property floaters. See Utah Code 31A-1-301

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

Joint underwriting: means a voluntary arrangement established to provide insurance coverage for a risk pursuant to which two or more insurers jointly contract with the insured at a price and under policy terms agreed upon between the insurers. See Utah Code 31A-19a-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

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

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

Life settlement: is a s defined in Section 31A-36-102. See Utah Code 31A-21-104

Loss adjustment expense: means the expenses incurred by the insurer in the course of settling claims. See Utah Code 31A-19a-102

Market: means the interaction between buyers and sellers consisting of a:

(i)	product component; and

(ii)

geographic component. See Utah Code 31A-19a-102

Member: means a person having membership rights in an insurance corporation. See Utah Code 31A-1-301

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

Mortgagee: The person to whom property is mortgaged and who has loaned the money.

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

Municipal selection committee: means a committee in each county composed of the mayor of each municipality within that county. See Utah Code 10-2-401

Municipality: means :

(a)	a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;

(b)	a town, as classified in Section 10-2-301; or

(c)

a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104

Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.

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.

Order: means an order of the commissioner. See Utah Code 31A-1-301

Participating: means a plan of insurance under which the insured is entitled to receive a dividend representing a share of the surplus of the insurer. See Utah Code 31A-1-301

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.

Peninsula: when used to describe an unincorporated area, means an area surrounded on more than 1/2 of its boundary distance, but not completely, by incorporated territory and situated so that the length of a line drawn across the unincorporated area from an incorporated area to an incorporated area on the opposite side shall be less than 25% of the total aggregate boundaries of the unincorporated area. See Utah Code 10-1-104

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

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

Personal property: All property that is not real property.

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

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

Probate: Proving a will

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

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

Property insurance: means insurance against loss or damage to real or personal property of every kind and any interest in that property:

(i)	from all hazards or causes; and

(ii)

against loss consequential upon the loss or damage including vehicle comprehensive and vehicle physical damage coverages. See Utah Code 31A-1-301

Prospective loss costs: means the same as pure premium rate. See Utah Code 31A-19a-102

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

Rate: means that cost of insurance per exposure unit either expressed as:

(i)	a single number; or

(ii)

as a pure premium rate, adjusted before any application of individual risk variations, based on loss or expense considerations to account for the treatment of:

(A)

expenses;

(B)	profit; and

(C)

individual insurer variation in loss experience. See Utah Code 31A-19a-102

Rate service organization: means a person who assists an insurer in rate making or filing by:

(i)	collecting, compiling, and furnishing loss or expense statistics;

(ii)	recommending, making, or filing rates or supplementary rate information; or

(iii)

advising about rate questions, except as an attorney giving legal advice. See Utah Code 31A-1-301

Rating manual: means any of the following used to determine initial and renewal policy premiums:

(a)	a manual of rates;

(b)	a classification;

(c)	a rate-related underwriting rule; and

(d)

a rating formula that describes steps, policies, and procedures for determining initial and renewal policy premiums. See Utah Code 31A-1-301

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

Rider: means an endorsement to:

(a)	an insurance policy; or

(b)

an insurance certificate. See Utah Code 31A-1-301

Road: includes :Utah Code 68-3-12.5

Security: means a:

(i)

note;

(ii)

stock;

(iii)

bond;

(iv)	debenture;

(v)	evidence of indebtedness;

(vi)	certificate of interest or participation in a profit-sharing agreement;

(vii)

collateral-trust certificate;

(viii)

preorganization certificate or subscription;

(ix)	transferable share;

(x)	investment contract;

(xi)	voting trust certificate;

(xii)

certificate of deposit for a security;

(xiii)

certificate of interest of participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease;

(xiv)

commodity contract or commodity option;

(xv)	certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of, or warrant or right to subscribe to or purchase any of the items listed in Subsections (171)(a)(i) through (xiv); or

(xvi)

another interest or instrument commonly known as a security. See Utah Code 31A-1-301

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.

Small employer: means , in connection with a health benefit plan and with respect to a calendar year and to a plan year, an employer who:

(i)

(A)	employed at least one but not more than 50 eligible employees on business days during the preceding calendar year; or

(B)	if the employer did not exist for the entirety of the preceding calendar year, reasonably expects to employ an average of at least one but not more than 50 eligible employees on business days during the current calendar year;

(ii)	employs at least one employee on the first day of the plan year; and

(iii)

for an employer who has common ownership with one or more other employers, is treated as a single employer under 26 U. See Utah Code 31A-1-301

Specified county: means a county of the second, third, fourth, fifth, or sixth class. See Utah Code 10-2-401

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.

Supplementary rate information: includes one or more of the following needed to determine the applicable rate in effect or to be in effect:

(a)	a manual or plan of rates;

(b)	a statistical plan;

(c)	a classification;

(d)	a rating schedule;

(e)	a minimum premium;

(f)	a policy fee;

(g)	a rating rule;

(h)	a rate-related underwriting rule;

(i)	a rate modification plan; or

(j)

any other similar information prescribed by rule of the commissioner as supplementary rate information. See Utah Code 31A-19a-102

Supporting information: includes one or more of the following:

(a)	data demonstrating actuarial justification for the basic rate factors, classifications, expenses, and profit factors used by the filer;

(b)	the experience and judgment of the filer;

(c)	the experience or data of other insurers or rate service organizations relied upon by the filer;

(d)	the interpretation of any other data relied upon by the filer;

(e)	descriptions of methods used in making the rates; or

(f)

any other information defined by rule as supporting information that is required to be filed. See Utah Code 31A-19a-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

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

Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104

Trustee: means "director" when referring to the board of directors of a corporation. See Utah Code 31A-1-301

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

under common control: means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person. See Utah Code 31A-1-301

Underwrite: means the authority to accept or reject risk on behalf of the insurer. See Utah Code 31A-1-301

Uniform experience rating plan: means a plan that is consistent between all insurers for experience rating entities insured for workers' compensation insurance. See Utah Code 31A-19a-403

Uniform statistical plan: means a plan that is consistent between all insurers that is used for the reporting of workers' compensation insurance statistical data. See Utah Code 31A-19a-403

Unincorporated: means not within a municipality. See Utah Code 10-1-104

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

Urban development: means :

(i)	a housing development with more than 15 residential units and an average density greater than one residential unit per acre; or

(ii)

a commercial or industrial development for which cost projections exceed $750,000 for all phases. See Utah Code 10-2-401

Vehicle liability insurance: means insurance against liability resulting from or incident to ownership, maintenance, or use of a land vehicle or aircraft, exclusive of a vehicle comprehensive or vehicle physical damage coverage described in Subsection (155). See Utah Code 31A-1-301

Writing: includes :Utah Code 68-3-12.5