Terms Used In Utah Code > Title 11 > Chapter 42 > Part 1 - General Provisions

• 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  protests that have been withdrawn under Subsection 11-42-203(3).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 Administrative functions: means the same as that term is defined in Section 31A-6b-102. See Utah Code 13-64-101 Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5 Advertiser: means a person who advertises the person's product, service, or website through the use of commercial email. See Utah Code 13-65-101 Agreement administrator: means a person who provides administrative functions related to a vehicle value protection agreement. See Utah Code 13-64-101 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. Assessment area: means an area, or, if more than one area is designated, the aggregate of all areas within a local entity's jurisdictional boundaries that is designated by a local entity under 2, for the purpose of financing the costs of improvements, operation and maintenance, or economic promotion activities that benefit property within the area. See Utah Code 11-42-102 Assessment bonds: means bonds that are: (a)  issued under Section 11-42-605; and (b)  payable in part or in whole from assessments levied in an assessment area, improvement revenues, and a guaranty fund or reserve fund. See Utah Code 11-42-102 Assessment 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 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 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 Budget: means a plan for financial operations for a fiscal period, embodying estimates for proposed expenditures for given purposes and the means of financing the expenditures. See Utah Code 17-36-3 Budget period: means the fiscal period for which a budget is prepared. See Utah Code 17-36-3 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 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 email: means an email used primarily to: (a)  advertise or promote a commercial website, product, or service; or (b)  solicit money, property, or personal information. See Utah Code 13-65-101 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. Covered vehicle: means a vehicle that is covered under a vehicle value protection agreement. See Utah Code 13-64-101 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means any functional unit within a fund which carries on a specific activity. See Utah Code 17-36-3 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 Development authority: means : (a)  the Utah Inland Port Authority created in Section 11-58-201; or (b)  the military installation development authority created in Section 63H-1-201. See Utah Code 11-42-102 Division: means the Division of Consumer Protection created in Section 13-2-1. See Utah Code 13-63-101 Division: means the Division of Consumer Protection established in Section 13-2-1. See Utah Code 13-64-101 Division: means the Division of Consumer Protection. See Utah Code 13-65-101 Domain name: means any alphanumeric designation that is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet. See Utah Code 13-65-101 Economic promotion activities: means activities that promote economic growth in a commercial area of a local entity, including: (a)  sponsoring festivals and markets; (b)  promoting business investment or activities; (c)  helping to coordinate public and private actions; and (d)  developing and issuing publications designed to improve the economic well-being of the commercial area. See Utah Code 11-42-102 Electronic mail service provider: means a company or a service that provides routing, relaying, handling, storage, or support for email addresses and email inboxes. See Utah Code 13-65-101 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 Equivalent residential unit: means a dwelling, unit, or development that is equal to a single-family residence in terms of the nature of its use or impact on an improvement to be provided in the assessment area. See Utah Code 11-42-102 Escrow: Money given to a third party to be held for payment until certain conditions are met. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Executive: 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 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. Finance agreement: means the same as that term is defined in Section 31A-6b-102. See Utah Code 13-64-101 Finance officer: means : (a)  the county auditor or the person selected to provide accounting services for the county in accordance with Section 17-19a-205; or (b)  notwithstanding Subsection (13)(a), for the purposes of preparing a tentative budget in a county operating under a county executive-council form of county government, the county executive. See Utah Code 17-36-3 Fiscal period: means the annual or biennial period for recording county fiscal operations. See Utah Code 17-36-3 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. Fund: means an independent fiscal and accounting entity comprised of a sum of money or other resources segregated for a specific purpose or objective. See Utah Code 17-36-3 General fund: is a s defined by the Governmental Accounting Standards Board as reflected in the Uniform Accounting Manual for All Local Governments prepared by the Office of the Utah State Auditor. See Utah Code 17-36-3 Governing body: means : (a)  for a county, city, or town, the legislative body of the county, city, or town; (b)  for a special district, the board of trustees of the special district; (c)  for a special service district: (i)  the legislative body of the county, city, or town that established the special service district, if no administrative control board has been appointed under Section 17D-1-301; or (ii)  the administrative control board of the special service district, if an administrative control board has been appointed under Section 17D-1-301; (d)  for the military installation development authority created in Section 63H-1-201, the board, as defined in Section 63H-1-102; (e)  for the Utah Inland Port Authority, created in Section 11-58-201, the board, as defined in Section 11-58-102; and (f)  for a public infrastructure district, the board of the public infrastructure district as defined in Section 17D-4-102. See Utah Code 11-42-102 Guaranty fund: means the fund established by a local entity under Section 11-42-701. See Utah Code 11-42-102 Header information: means information attached to an email, including: (a)  the originating domain name; (b)  the originating email address; (c)  the destination; (d)  the routing information; and (e)  any other information that appears in the header line identifying, or purporting to identify, a person initiating the message. See Utah Code 13-65-101 Improved property: means property upon which a residential, commercial, or other building has been built. See Utah Code 11-42-102 Initiate: means an act of: (a)  originating, transmitting, or sending commercial email; or (b)  promising, paying, or providing other consideration for another person to originate, transmit, or send a commercial email. See Utah Code 13-65-101 Initiator: means a person who: (i)  originates, transmits, or sends commercial email; or (ii)  promises, pays, or provides other consideration for another person to originate, transmit, or send a commercial email. See Utah Code 13-65-101 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Installment payment date: means the date on which an installment payment of an assessment is payable. See Utah Code 11-42-102 Insurer: means the same as that term is defined in Section 31A-1-301. See Utah Code 13-64-101 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 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 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 Lien: A claim against real or personal property in satisfaction of a debt. Local entity: means : (a)  a county, city, town, special service district, or special district; (b)  an interlocal entity as defined in Section 11-13-103; (c)  the military installation development authority, created in Section 63H-1-201; (d)  a public infrastructure district under Title 17D, Chapter 4, Public Infrastructure District Act, including a public infrastructure district created by a development authority; (e)  the Utah Inland Port Authority, created in Section 11-58-201; or (f)  any other political subdivision of the state. See Utah Code 11-42-102 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 Month: means a calendar month, unless otherwise expressed. 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. Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year. Person: means :Utah Code 68-3-12.5 Preliminary period: means a time period that: (a)  begins the day on which the vehicle value protection agreement becomes effective; and (b)  ends the last day on which the purchaser may cancel the vehicle value protection agreement with a full refund. See Utah Code 13-64-101 Prior bonds: means the assessment bonds that are refunded in part or in whole by refunding assessment bonds. See Utah Code 11-42-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 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 Provider: means a person who is obligated to provide a benefit to another person under a vehicle value protection agreement. See Utah Code 13-64-101 Purchaser: means a person who purchases a benefit from another person under a vehicle value protection agreement. See Utah Code 13-64-101 real property: includes :Utah Code 68-3-12.5 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Recipient: means an addressee of an unsolicited email. See Utah Code 13-65-101 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 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. Reserve fund: means a fund established by a local entity under Section 11-42-702. See Utah Code 11-42-102 Routine conveyance: means an Internet service provider's or email provider's automatic electronic mail message processes, including routing, relaying, handling, or storing through an automatic technical process, for which a person other than the Internet service provider or email provider has identified the electronic mail message recipients and provided the recipients' addresses. See Utah Code 13-65-101 Security: means the same as that term is defined in Section 31A-1-301. See Utah Code 13-64-101 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 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 Special district: means a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts (51)  "Special service district" means the same as that term is defined in Section 17D-1-102. See Utah Code 11-42-102 Special fund: means any fund other than the county general fund, such as those described in Section 17-36-6. See Utah Code 17-36-3 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 Summons: Another word for subpoena used by the criminal justice system. Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Trustee: A person or institution holding and administering property in trust. Unassessed benefitted government property: means property that a local entity may not assess in accordance with Section 11-42-408 but is benefitted by an improvement, operation and maintenance, or economic promotion activities. See Utah Code 11-42-102 Unimproved property: means property upon which no residential, commercial, or other building has been built. See Utah Code 11-42-102 Unsolicited commercial email: means a commercial email sent by an advertiser to a recipient that: (a)  has not provided direct consent to the advertiser to receive the commercial email; and (b)  does not have a preexisting or current relationship with the advertiser. See Utah Code 13-65-101 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 email address: means an email address that is: (a)  provided by an electronic mail service provider that sends bills for providing and maintaining that email address to a mailing address in this state; (b)  ordinarily accessed from a computer located in this state; or (c)  provided to an individual who is currently a resident of this state. See Utah Code 13-65-101 Vehicle: means the same as that term is defined in Section 31A-6b-102. See Utah Code 13-64-101 Vehicle value protection agreement: includes : (i)  a vehicle trade-in agreement; (ii)  a vehicle diminished value agreement; (iii)  a vehicle cash down payment protection agreement; and (iv)  a vehicle depreciation benefit agreement. See Utah Code 13-64-101 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 Writing: includes :Utah Code 68-3-12.5