Part 1 General Provisions 11-42-101 – 11-42-109
Part 2 Designating an Assessment Area 11-42-201 – 11-42-208
Part 3 Contracts for Improvements 11-42-301 – 11-42-302
Part 4 Assessments 11-42-401 – 11-42-416
Part 5 Assessment Liens 11-42-501 – 11-42-506
Part 6 Interim Warrants, Bond Anticipation Notes, Assessment Bonds, and Refunding Assessment Bonds 11-42-601 – 11-42-609
Part 7 Guaranty and Reserve Funds 11-42-701 – 11-42-706

Terms Used In Utah Code > Title 11 > Chapter 42

  • Adequate protests: means , for all proposed assessment areas except sewer assessment areas, timely filed, written protests under Section 11-42-203 that represent at least 40% of the frontage, area, taxable value, fair market value, lots, number of connections, or equivalent residential units of the property proposed to be assessed, according to the same assessment method by which the assessment is proposed to be levied, after eliminating:
    (i) protests relating to:
    (A) property that has been deleted from a proposed assessment area; or
    (B) an improvement that has been deleted from the proposed improvements to be provided to property within the proposed assessment area; and
    (ii) protests that have been withdrawn under Subsection 11-42-203(3). See Utah Code 11-42-102
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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.
  • Amortization: Paying off a loan by regular installments.
  • 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.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assessment area: means an area, or, if more than one area is designated, the aggregate of all areas within a local entity's jurisdictional boundaries that is designated by a local entity under Part 2, Designating an Assessment Area, for the purpose of financing the costs of improvements, operation and maintenance, or economic promotion activities that benefit property within the area. See Utah Code 11-42-102
  • Assessment bonds: means bonds that are:
    (a) issued under Section 11-42-605; and
    (b) payable in part or in whole from assessments levied in an assessment area, improvement revenues, and a guaranty fund or reserve fund. See Utah Code 11-42-102
  • Assessment fund: means a special fund that a local entity establishes under Section 11-42-412. See Utah Code 11-42-102
  • Assessment lien: means a lien on property within an assessment area that arises from the levy of an assessment, as provided in Section 11-42-501. See Utah Code 11-42-102
  • Assessment method: means the method:
    (a) by which an assessment is levied against benefitted property, whether by frontage, area, taxable value, fair market value, lot, parcel, number of connections, equivalent residential unit, any combination of these methods, or any other method; and
    (b) that, when applied to a benefitted property, accounts for an assessment that meets the requirements of Section 11-42-409. See Utah Code 11-42-102
  • Assessment ordinance: means an ordinance adopted by a local entity under Section 11-42-404 that levies an assessment on benefitted property within an assessment area. See Utah Code 11-42-102
  • Assessment resolution: means a resolution adopted by a local entity under Section 11-42-404 that levies an assessment on benefitted property within an assessment area. See Utah Code 11-42-102
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • Benefitted property: means property within an assessment area that directly or indirectly benefits from improvements, operation and maintenance, or economic promotion activities. See Utah Code 11-42-102
  • Bond anticipation notes: means notes issued under Section 11-42-602 in anticipation of the issuance of assessment bonds. See Utah Code 11-42-102
  • Bonds: means assessment bonds and refunding assessment bonds. See Utah Code 11-42-102
  • Breach of system security: means an unauthorized acquisition of computerized data maintained by a person that compromises the security, confidentiality, or integrity of personal information. See Utah Code 13-44-102
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Certificate of title: means a document issued by a jurisdiction to establish a record of ownership between an identified owner and the described vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
  • City: means a municipality that is classified by population as a city of the first class, a city of the second class, a city of the third class, a city of the fourth class, or a city of the fifth class, under Section 10-2-301. See Utah Code 10-1-104
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Client: means a person who receives services from or enters into an agreement to receive services from an immigration consultant. See Utah Code 13-49-102
  • Commercial area: means an area in which at least 75% of the property is devoted to the interchange of goods or commodities. See Utah Code 11-42-102
  • Commercial or industrial real property: includes real property that:
    (i) is used as or held for dwelling purposes; and
    (ii) contains more than four rental units. See Utah Code 11-42-102
  • Compensation: means anything of economic value that is paid, loaned, granted, given, donated, or transferred to a person for or in consideration of:
    (a) services;
    (b) personal or real property; or
    (c) another thing of value. See Utah Code 13-49-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Consumer: means a natural person. See Utah Code 13-44-102
  • Consumer: means an individual who is not a protected consumer. See Utah Code 13-45-102
  • Consumer reporting agency: means a person who, for fees, dues, or on a cooperative basis, regularly engages in whole or in part in the practice of assembling or evaluating information concerning a consumer's credit or other information for the purpose of furnishing a credit report to another person. See Utah Code 13-45-102
  • Consumer who is subject to a protected consumer security freeze: means an individual:
    (a) for whom a credit reporting agency placed a security freeze under Section 13-45-503; and
    (b) who, on the day on which a request for the removal of the security freeze is submitted under Section 13-45-504, is not a protected consumer. See Utah Code 13-45-102
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract price: means :
    (a) the cost of acquiring an improvement, if the improvement is acquired; or
    (b) the amount payable to one or more contractors for the design, engineering, inspection, and construction of an improvement. See Utah Code 11-42-102
  • 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.
  • County: means a unit of local government that is a body corporate and politic and a legal subdivision of the state, with geographic boundaries as described in Section 17-50-104, and powers as provided in Part 3, County Powers. See Utah Code 17-50-101
  • County executive: means :Utah Code 68-3-12.5
  • County legislative body: means :Utah Code 68-3-12.5
  • Credit report: means a consumer report, as defined in 15 U. See Utah Code 13-45-102
  • 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
  • Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. Source: OCC
  • Customer: means a person who, for primarily personal, family, or household purposes:
    (a) purchases a residential solar energy system under a system purchase agreement;
    (b) leases a residential solar energy system under a system lease agreement; or
    (c) purchases electricity under a power purchase agreement. See Utah Code 13-52-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dealer: means a person engaged or licensed to engage in the business of buying, selling, or exchanging new or used vehicles, vessels, or outboard motors either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise or who has an established place of business for the sale, lease, trade, or display of vehicles, vessels, or outboard motors. See Utah Code 41-1a-102
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Commerce. See Utah Code 13-47-102
  • Department: means the Department of Commerce. See Utah Code 13-49-102
  • Dependent: A person dependent for support upon another.
  • Designation ordinance: means an ordinance adopted by a local entity under Section 11-42-206 designating an assessment area. See Utah Code 11-42-102
  • Designation resolution: means a resolution adopted by a local entity under Section 11-42-206 designating an assessment area. See Utah Code 11-42-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Division: means the Division of Consumer Protection in the department. See Utah Code 13-49-102
  • Division: means the Division of Consumer Protection, established in Section 13-2-1. See Utah Code 13-52-102
  • Division: means the Motor Vehicle Division of the commission, created in Section 41-1a-106. See Utah Code 41-1a-102
  • Division: means the Division of Consumer Protection. See Utah Code 13-53-102
  • Economic promotion activities: means activities that promote economic growth in a commercial area of a local entity, including:
    (a) sponsoring festivals and markets;
    (b) promoting business investment or activities;
    (c) helping to coordinate public and private actions; and
    (d) developing and issuing publications designed to improve the economic well-being of the commercial area. See Utah Code 11-42-102
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employee: means an individual:
    (a) who is hired to perform services in Utah; and
    (b) to whom a private employer provides a federal form required for federal taxation purposes to report income paid to the individual for the services performed. See Utah Code 13-47-102
  • Environmental remediation activity: means a surface or subsurface enhancement, effort, cost, initial or ongoing maintenance expense, facility, installation, system, earth movement, or change to grade or elevation that improves the use, function, aesthetics, or environmental condition of publicly owned property. See Utah Code 11-42-102
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Equivalent residential unit: means a dwelling, unit, or development that is equal to a single-family residence in terms of the nature of its use or impact on an improvement to be provided in the assessment area. See Utah Code 11-42-102
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Event data: means records of one or more of the following categories of information regarding a motor vehicle that are captured by an event data recorder:
    (i) whether the vehicle's air bag deployed;
    (ii) vehicle speed;
    (iii) vehicle steering performance;
    (iv) vehicle brake performance or use; or
    (v) vehicle seatbelt status or use. See Utah Code 41-1a-1502
  • 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
  • Executor: includes "administrator" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • File: is a s defined in 15 U. See Utah Code 13-45-102
  • Finance charge: The total cost of credit a customer must pay on a consumer loan, including interest. The Truth in Lending Act requires disclosure of the finance charge. Source: OCC
  • Financial institution: means the same as that term is defined in 15 U. See Utah Code 13-44-102
  • Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
    • You are late making a payment or commit some other default, triggering an increase to a penalty rate
    • The bank changes the terms of your account and you do not reject the change.
    • The rate expires (if the rate was fixed for only a certain period of time).
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • fund: means the Transportation Network Vehicle Recovery Fund created in Subsection (2). See Utah Code 13-51-201
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • 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 :
    (a) for a county, city, or town, the legislative body of the county, city, or town;
    (b) for a local district, the board of trustees of the local district;
    (c) for a special service district:
    (i) the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or
    (ii) the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301;
    (d) for the military installation development authority created in Section 63H-1-201, the board, as defined in Section 63H-1-102; and
    (e) for the Utah Inland Port Authority, created in Section 11-58-201, the board, as defined in Section 11-58-102. See Utah Code 11-42-102
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Guaranty fund: means the fund established by a local entity under Section 11-42-701. See Utah Code 11-42-102
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • Human services program: means the same as that term is defined in Section 62A-2-101. See Utah Code 13-53-102
  • Identification number: includes a vehicle identification number, state assigned identification number, hull identification number, and motor serial number. See Utah Code 41-1a-102
  • Immigration consultant: means an individual who provides nonlegal assistance or advice on an immigration matter including:
    (a) completing a document provided by a federal or state agency, but not advising a person as to the person's answers on the document;
    (b) translating a person's answer to a question posed in a document provided by a federal or state agency;
    (c) securing for a person supporting documents, such as a birth certificate, that may be necessary to complete a document provided by a federal or state agency;
    (d) submitting a completed document on a person's behalf and at the person's request to the United States Citizenship and Immigration Services; or
    (e) for valuable consideration, referring a person to a person who could undertake legal representation activities in an immigration matter. See Utah Code 13-49-102
  • Immigration matter: means a proceeding, filing, or action affecting the immigration or citizenship status of a person that arises under:
    (a) immigration and naturalization law;
    (b) executive order or presidential proclamation; or
    (c) action of the United States Citizenship and Immigration Services, the United States Department of State, or the United States Department of Labor. See Utah Code 13-49-102
  • Improved property: means property upon which a residential, commercial, or other building has been built. See Utah Code 11-42-102
  • Incapacitated person: means an individual who is incapacitated, as defined in Section 75-1-201. See Utah Code 13-45-102
  • Incidental refunding costs: means any costs of issuing refunding assessment bonds and calling, retiring, or paying prior bonds, including:
    (a) legal and accounting fees;
    (b) charges of financial advisors, escrow agents, certified public accountant verification entities, and trustees;
    (c) underwriting discount costs, printing costs, the costs of giving notice;
    (d) any premium necessary in the calling or retiring of prior bonds;
    (e) fees to be paid to the local entity to issue the refunding assessment bonds and to refund the outstanding prior bonds;
    (f) any other costs that the governing body determines are necessary and proper to incur in connection with the issuance of refunding assessment bonds; and
    (g) any interest on the prior bonds that is required to be paid in connection with the issuance of the refunding assessment bonds. See Utah Code 11-42-102
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Installment payment date: means the date on which an installment payment of an assessment is payable. See Utah Code 11-42-102
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Interim warrant: means a warrant issued by a local entity under Section 11-42-601. See Utah Code 11-42-102
  • Jurisdiction: means a state, district, province, political subdivision, territory, or possession of the United States or any foreign country. See Utah Code 41-1a-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.
  • Jurisdictional boundaries: means :
    (a) for a county, the boundaries of the unincorporated area of the county; and
    (b) for each other local entity, the boundaries of the local entity. See Utah Code 11-42-102
  • Land: includes :Utah Code 68-3-12.5
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • 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.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Lienholder: means a person with a security interest in particular property. See Utah Code 41-1a-102
  • Lineal descendant: Direct descendant of the same ancestors.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local district: means a local district under Title 17B, Limited Purpose Local Government Entities - Local Districts. See Utah Code 11-42-102
  • Local entity: means :
    (a) a county, city, town, special service district, or local district;
    (b) an interlocal entity as defined in Section 11-13-103;
    (c) the military installation development authority, created in Section 63H-1-201;
    (d) a public infrastructure district created by the military installation development authority under Title 17B, Chapter 2a, Part 12, Public Infrastructure District Act;
    (e) the Utah Inland Port Authority, created in Section 11-58-201; or
    (f) any other political subdivision of the state. See Utah Code 11-42-102
  • Local entity obligations: means assessment bonds, refunding assessment bonds, interim warrants, and bond anticipation notes issued by a local entity. See Utah Code 11-42-102
  • Mailing address: means :
    (a) a property owner's last-known address using the name and address appearing on the last completed real property assessment roll of the county in which the property is located; and
    (b) if the property is improved property:
    (i) the property's street number; or
    (ii) the post office box, rural route number, or other mailing address of the property, if a street number has not been assigned. See Utah Code 11-42-102
  • Manufactured home: means a transportable factory built housing unit constructed on or after June 15, 1976, according to the Federal Home Construction and Safety Standards Act of 1974 (HUD Code), in one or more sections, which, in the traveling mode, is eight body feet or more in width or 40 body feet or more in length, or when erected on site, is 400 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. See Utah Code 41-1a-102
  • Manufacturer: means a person engaged in the business of constructing, manufacturing, assembling, producing, or importing new or unused vehicles, vessels, or outboard motors for the purpose of sale or trade. See Utah Code 41-1a-102
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mobile home: means a transportable factory built housing unit built prior to June 15, 1976, in accordance with a state mobile home code which existed prior to the Federal Manufactured Housing and Safety Standards Act (HUD Code). See Utah Code 41-1a-102
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Motor vehicle: means a self-propelled vehicle intended primarily for use and operation on the highways. See Utah Code 41-1a-102
  • Motor vehicle license cost recovery fee: means a fee or charge that may be separately stated and charged on the short-term motor vehicle lease or rental contract in a motor vehicle lease or rental transaction originating in this state to recover the costs incurred by a motor vehicle rental company to license, title, register, obtain license plates for, and inspect rental motor vehicles. See Utah Code 13-48-102
  • Motor vehicle rental company: means any person or organization in the business of renting motor vehicles to the public. See Utah Code 13-48-102
  • Net improvement revenues: means all improvement revenues that a local entity has received since the last installment payment date, less all amounts payable by the local entity from those improvement revenues for operation and maintenance costs. See Utah Code 11-42-102
  • Normal business hours: means Sunday through Saturday, between the hours of 6:00 a. See Utah Code 13-45-102
  • Notice: includes all papers and orders, except process, required to be served in any proceeding before any court, board, commission or officer, or when required by law to be served independently of such proceedings. See Utah Code 17-22-1
  • Oath: includes "affirmation. See Utah Code 68-3-12.5
  • 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.
  • Odometer: means a device for measuring and recording the actual distance a vehicle travels while in operation, but does not include any auxiliary odometer designed to be periodically reset. See Utah Code 41-1a-102
  • Outboard motor: means a detachable self-contained propulsion unit, excluding fuel supply, used to propel a vessel. See Utah Code 41-1a-102
  • Overhead costs: means the actual costs incurred or the estimated costs to be incurred by a local entity in connection with an assessment area for appraisals, legal fees, filing fees, financial advisory charges, underwriting fees, placement fees, escrow, trustee, and paying agent fees, publishing and mailing costs, costs of levying an assessment, recording costs, and all other incidental costs. See Utah Code 11-42-102
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means a person, other than a lienholder, holding title to a vehicle, vessel, or outboard motor whether or not the vehicle, vessel, or outboard motor is subject to a security interest. See Utah Code 41-1a-102
  • Participant: means an individual who:
    (a) resides at a residential, vocational and life skills program facility;
    (b) receives from the residential, vocational and life skills program:
    (i) vocational training; or
    (ii) life skills training; and
    (c) does not receive monetary compensation from the residential, vocational and life skills program. See Utah Code 13-53-102
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104
  • Person: means :Utah Code 68-3-12.5
  • Personal information: means a person's first name or first initial and last name, combined with any one or more of the following data elements relating to that person when either the name or date element is unencrypted or not protected by another method that renders the data unreadable or unusable:
    (i) Social Security number;
    (ii) 
    (A) financial account number, or credit or debit card number; and
    (B) any required security code, access code, or password that would permit access to the person's account; or
    (iii) driver license number or state identification card number. See Utah Code 13-44-102
  • personal information: includes any list, description, or other grouping of consumers, and publicly available information pertaining to the consumers, that is derived using any nonpublic personal information other than publicly available information. See Utah Code 13-45-102
  • Personal property: includes :Utah Code 68-3-12.5
  • 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.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Power purchase agreement: means an agreement:
    (a) between a customer and a solar retailer;
    (b) for the customer's purchase of electricity generated by a residential solar energy system owned by the solar retailer; and
    (c) that provides for the customer to make payments over a term of at least five years. See Utah Code 13-52-102
  • Prior bonds: means the assessment bonds that are refunded in part or in whole by refunding assessment bonds. See Utah Code 11-42-102
  • private employer: means a person who for federal taxation purposes is required to provide a federal form:
    (i) to an individual who performs services for the person in Utah; and
    (ii) to report income paid to the individual who performs the services. See Utah Code 13-47-102
  • Process: as used in this chapter includes all writs, warrants, summonses and orders of the courts of justice or judicial officers. See Utah Code 17-22-1
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Project engineer: means the surveyor or engineer employed by or the private consulting engineer engaged by a local entity to perform the necessary engineering services for and to supervise the construction or installation of the improvements. See Utah Code 11-42-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Property: includes real property and any interest in real property, including water rights and leasehold rights. See Utah Code 11-42-102
  • Property price: means the price at which a local entity purchases or acquires by eminent domain property to make improvements in an assessment area. See Utah Code 11-42-102
  • Proprietary school: means the same as that term is defined in Section 13-34-102. See Utah Code 13-53-102
  • Protected consumer: means an individual who, at the time a request for a security freeze is made, is:
    (a) less than 16 years of age;
    (b) an incapacitated person; or
    (c) a protected person. See Utah Code 13-45-102
  • Protected person: means the same as that term is defined in Section 75-5b-102. See Utah Code 13-45-102
  • Public agency: means :
    (a) the state or any agency, department, or division of the state; and
    (b) a political subdivision of the state. See Utah Code 11-42-102
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes :Utah Code 68-3-12.5
  • Rebate: means :
    (a) any allowance or discount against charged fees; or
    (b) payment of any form of compensation, except for an item of nominal value, to:
    (i) an insured; or
    (ii) a person directly or indirectly associated with a residential building. See Utah Code 13-50-102
  • Record: means a compilation of information that:
    (a) identifies a protected consumer;
    (b) is created by a consumer reporting agency solely for the purpose of complying with this section; and
    (c) may not be created or used to consider the protected consumer's credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. See Utah Code 13-45-102
  • Reduced payment obligation: means the full obligation of an owner of property within an assessment area to pay an assessment levied on the property after the assessment has been reduced because of the issuance of refunding assessment bonds, as provided in Section 11-42-608. See Utah Code 11-42-102
  • Refunding assessment bonds: means assessment bonds that a local entity issues under Section 11-42-607 to refund, in part or in whole, assessment bonds. See Utah Code 11-42-102
  • Registration: means a document issued by a jurisdiction that allows operation of a vehicle or vessel on the highways or waters of this state for the time period for which the registration is valid and that is evidence of compliance with the registration requirements of the jurisdiction. See Utah Code 41-1a-102
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Repair work: means any work done to siding, gutters, a roof system, or a window system to repair damage caused by wind or hail. See Utah Code 13-50-102
  • Representative: means a person who provides to a consumer reporting agency sufficient proof of authority to act on behalf of a protected consumer. See Utah Code 13-45-102
  • Reserve fund: means a fund established by a local entity under Section 11-42-702. See Utah Code 11-42-102
  • Residential building: means a single or multiple family dwelling of up to four units. See Utah Code 13-50-102
  • Residential contractor: means a person that, for compensation, other than wages as an employee, contracts or offers to contract to:
    (a) perform repair work on a residential building;
    (b) arrange for, manage, or process repair work on a residential building; or
    (c) serve as a representative, agent, or assignee of the owner or possessor of a residential building for purposes of repair work on the residential building. See Utah Code 13-50-102
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Roof system: includes roof coverings, roof sheathing, roof weatherproofing, roof framing, roof ventilation, and roof insulation. See Utah Code 13-50-102
  • Security freeze: means a prohibition, consistent with the provisions of this section, on a consumer reporting agency's furnishing of a consumer's credit report to a third party intending to use the credit report to determine the consumer's eligibility for credit. See Utah Code 13-45-201
  • security freeze: means :
    (1) if a consumer reporting agency does not have a file that pertains to a protected consumer, a restriction that:
    (a) is placed on the protected consumer's record in accordance with this part; and
    (b) except as otherwise provided in this part, prohibits the consumer reporting agency from releasing the protected consumer's record; or
    (2) if a consumer reporting agency has a file that pertains to the protected consumer, a restriction that:
    (a) is placed on the protected consumer's credit report in accordance with this part; and
    (b) except as otherwise provided in this part, prohibits the consumer reporting agency from releasing the protected consumer's credit report or any information derived from the protected consumer's credit report. See Utah Code 13-45-502
  • Security interest: means an interest that is reserved or created by a security agreement to secure the payment or performance of an obligation and that is valid against third parties. See Utah Code 41-1a-102
  • Semitrailer: means a vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that some part of its weight and its load rests or is carried by another vehicle. See Utah Code 41-1a-102
  • Service: means :
    (a) water, sewer, storm drainage, garbage collection, library, recreation, communications, or electric service;
    (b) economic promotion activities; or
    (c) any other service that a local entity is required or authorized to provide. See Utah Code 11-42-102
  • Service 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.
  • Sewer assessment area: means an assessment area that has as the assessment area's primary purpose the financing and funding of public improvements to provide sewer service where there is, in the opinion of the local board of health, substantial evidence of septic system failure in the defined area due to inadequate soils, high water table, or other factors proven to cause failure. See Utah Code 11-42-102
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Solar agreement: means a system purchase agreement, a system lease agreement, or a power purchase agreement. See Utah Code 13-52-102
  • Solar energy system: means a system or configuration of solar energy devices that collects and uses solar energy to generate electricity. See Utah Code 13-52-102
  • Solar retailer: means a person who:
    (a) sells or proposes to sell a residential solar energy system to a customer under a system purchase agreement;
    (b) owns the residential solar energy system that is the subject of a system lease agreement or proposed system lease agreement; or
    (c) sells or proposes to sell electricity to a customer under a power purchase agreement. See Utah Code 13-52-102
  • Special service district: means the same as that term is defined in Section 17D-1-102. See Utah Code 11-42-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Status verification system: includes :
    (i) the electronic verification of the work authorization program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U. See Utah Code 13-47-102
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Sufficient proof of authority: includes :
    (i) a court order;
    (ii) a lawfully executed power of attorney; or
    (iii) a written, notarized statement signed by the person that expressly describes the person's authority to act on behalf of the protected consumer. See Utah Code 13-45-102
  • Summons: Another word for subpoena used by the criminal justice system.
  • System lease agreement: means an agreement:
    (a) under which a customer leases a residential solar energy system from a solar retailer; and
    (b) that provides for the customer to make payments over a term of at least five years for the lease of the residential solar energy system. See Utah Code 13-52-102
  • System purchase agreement: means an agreement under which a customer purchases a residential solar energy system from a solar retailer. See Utah Code 13-52-102
  • taking: means a governmental action resulting in a taking of real property that requires compensation to the owner of the property under:
    (a) the Fifth or Fourteenth Amendment of the Constitution of the United States; or
    (b) Utah Constitution Article I, Section 22. See Utah Code 13-43-102
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Title: means the right to or ownership of a vehicle, vessel, or outboard motor. See Utah Code 41-1a-102
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trailer: means a vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and constructed so that no part of its weight rests upon the towing vehicle. See Utah Code 41-1a-102
  • Transferee: means a person to whom the ownership of property is conveyed by sale, gift, or any other means except by the creation of a security interest. See Utah Code 41-1a-102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Unassessed benefitted government property: means property that a local entity may not assess in accordance with Section 11-42-408 but is benefitted by an improvement, operation and maintenance, or economic promotion activities. See Utah Code 11-42-102
  • Unimproved property: means property upon which no residential, commercial, or other building has been built. See Utah Code 11-42-102
  • Unique personal identifier: means a personal identification number, password, or other secure form of identity verification accepted by a consumer reporting agency and intended for use by a consumer to place, remove, or temporarily remove a security freeze in accordance with this chapter. See Utah Code 13-45-201
  • 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
  • Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
  • Vehicle: includes a motor vehicle, trailer, semitrailer, off-highway vehicle, camper, park model recreational vehicle, manufactured home, and mobile home. See Utah Code 41-1a-102
  • Venue: The geographical location in which a case is tried.
  • Vessel: means the same as that term is defined in Section 73-18-2. See Utah Code 41-1a-102
  • Voluntary assessment area: means an assessment area that contains only property whose owners have voluntarily consented to an assessment. See Utah Code 11-42-102
  • Writ: means an order or precept in writing, issued in the name of:Utah Code 68-3-12.5
  • Writing: includes :Utah Code 68-3-12.5
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