Terms Used In Utah Code > Title 11 > Chapter 58 > Part 5 - Project Area Plan and Budget

• Address: includes :

  (i)	a post office box number;

  (ii)	a rural free delivery route number; and

  (iii)

  a street name and number. See Utah Code 16-10a-102 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. 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. Articles of incorporation: include : (a)  amended and restated articles of incorporation; (b)  articles of merger; and (c)  a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Authority: means the Utah Inland Port Authority, created in Section 11-58-201. See Utah Code 11-58-102 Authority jurisdictional land: means land within the authority boundary delineated: (a)  in the electronic shapefile that is the electronic component of H. See Utah Code 11-58-102 Authorized shares: means the shares of all classes a domestic or foreign corporation is authorized to issue. See Utah Code 16-10a-102 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. Base taxable value: means : (a)  (i)  except as provided in Subsection (3)(a)(ii), for a project area that consists of the authority jurisdictional land, the taxable value of authority jurisdictional land in calendar year 2018; and (ii)  for an area described in Section 11-58-600. See Utah Code 11-58-102 Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Board: means the authority's governing body, created in Section 11-58-301. See Utah Code 11-58-102 Business plan: means a plan designed to facilitate, encourage, and bring about development of the authority jurisdictional land to achieve the goals and objectives described in Subsection 11-58-203(1), including the development and establishment of an inland port. See Utah Code 11-58-102 Bylaws: includes amended bylaws and restated bylaws. See Utah Code 16-10a-102 Chambers: A judge's office. City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Contract: A legal written agreement that becomes binding when signed. controlling interest: means the direct or indirect possession of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting shares, by contract, or otherwise. See Utah Code 16-10a-102 Conviction: A judgement of guilt against a criminal defendant. Corporate name: means : (a)  the name of a domestic corporation or a domestic nonprofit corporation as stated in its articles of incorporation; or (b)  the name of a foreign corporation or a foreign nonprofit corporation as stated in its articles of incorporation or document of similar import. See Utah Code 16-10a-102 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 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Deliver: includes delivery by mail or another means of transmission authorized by Section 16-10a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-10a-102 Development: means : (a)  the demolition, construction, reconstruction, modification, expansion, or improvement of a building, utility, infrastructure, landscape, parking lot, park, trail, recreational amenity, or other facility, including public infrastructure and improvements; and (b)  the planning of, arranging for, or participation in any of the activities listed in Subsection (7)(a). See Utah Code 11-58-102 Distribution: means the following by a corporation to or for the benefit of its shareholders in respect of any of the corporation's shares: (i)  a direct or indirect transfer of money or other property, other than a corporation's own shares; or (ii)  incurrence of indebtedness by the corporation. See Utah Code 16-10a-102 Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-102 domestic corporation: means a corporation for profit that: (a)  is not a foreign corporation; and (b)  is incorporated under or subject to this chapter. See Utah Code 16-10a-102 Employee: includes an officer but not a director, unless the director accepts a duty that makes that director also an employee. See Utah Code 16-10a-102 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. Entity: includes : (a)  a domestic and foreign corporation; (b)  a nonprofit corporation; (c)  a limited liability company; (d)  a profit or nonprofit unincorporated association; (e)  a business trust; (f)  an estate; (g)  a partnership; (h)  a trust; (i)  two or more persons having a joint or common economic interest; (j)  a state; (k)  the United States; and (l)  a foreign government. See Utah Code 16-10a-102 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Fiduciary: A trustee, executor, or administrator. Foreign corporation: means a corporation for profit incorporated under a law other than the law of this state. See Utah Code 16-10a-102 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a person who:Utah Code 68-3-12.5 Guest: means a person for whom an innkeeper was paid to provide temporary sleeping accommodations in a lodging establishment. See Utah Code 29-2-102 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Individual: means : (a)  a natural person; (b)  the estate of an incompetent individual; or (c)  the estate of a deceased individual. See Utah Code 16-10a-102 Innkeeper: means the proprietor or designated employee of a proprietor of a lodging establishment. See Utah Code 29-2-102 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 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 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. Lodging establishment: means a place providing temporary sleeping accommodations to the public, including any of the following: (a)  a bed and breakfast establishment; (b)  a boarding house; (c)  a hotel; (d)  an inn; (e)  a lodging house; (f)  a motel; (g)  a resort; or (h)  a rooming house. See Utah Code 29-2-102 mailing: means deposit, deposited, or depositing in the United States mail, properly addressed, first class postage prepaid, and includes registered or certified mail for which the proper fee is paid. See Utah Code 16-10a-102 Minor: means an unemancipated person younger than 18 years of age. See Utah Code 29-2-102 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. Notice: is a s provided in Section 16-10a-103. See Utah Code 16-10a-102 Oath: includes "affirmation. See Utah Code 68-3-12.5 Oath: A promise to tell the truth. 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. Person: means :Utah Code 68-3-12.5 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. Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Principal office: means the office, in or out of this state, designated by a domestic or foreign corporation as its principal office in the most recent document on file with the division providing the information, including: (a)  an annual report; (b)  an application for a certificate of authority; or (c)  a notice of change of principal office. See Utah Code 16-10a-102 Proceeding: includes : (a)  a civil suit; (b)  arbitration or mediation; and (c)  a criminal, administrative, or investigatory action. See Utah Code 16-10a-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Project area: means : (a)  the authority jurisdictional land, subject to Section 11-58-605; or (b)  land outside the authority jurisdictional land, whether consisting of a single contiguous area or multiple noncontiguous areas, described in a project area plan or draft project area plan, where the development project set forth in the project area plan or draft project area plan takes place or is proposed to take place. See Utah Code 11-58-102 Project area budget: means a multiyear projection of annual or cumulative revenues and expenses and other fiscal matters pertaining to the project area. See Utah Code 11-58-102 Project area plan: means a written plan that, after its effective date, guides and controls the development within a project area. See Utah Code 11-58-102 Property: includes both real and personal property. See Utah Code 68-3-12.5 Property tax: includes a privilege tax and each levy on an ad valorem basis on tangible or intangible personal or real property. See Utah Code 11-58-102 Qualified shares: means , with respect to a director's conflicting interest transaction pursuant to Section 16-10a-853, one or more shares entitled to vote on the transaction, except a share: (a)  that, to the knowledge, before the vote, of the secretary, other officer, or agent of the corporation authorized to tabulate votes, is beneficially owned; or (b)  the voting of which is controlled, by: (i)  a director who has a conflicting interest respecting the transaction; (ii)  a related person of that director; or (iii)  a person referred to in Subsections (27)(b)(i) and (ii). See Utah Code 16-10a-102 Quorum: The number of legislators that must be present to do business. Receive: when used in reference to receipt of a writing or other document by a domestic or foreign corporation, means the writing or other document is actually received by: (a)  the corporation at its: (i)  registered office in this state; or (ii)  principal office; (b)  the secretary of the corporation, wherever the secretary is found; or (c)  another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-10a-102 Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC Remediation: includes : (a)  activities for the cleanup, rehabilitation, and development of contaminated land; and (b)  acquiring an interest in land within a remediation project area. See Utah Code 11-58-102 Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-10a-830(3) for: (a)  the preparation and maintenance of: (i)  minutes of the meetings of the board of directors and of the shareholders; and (ii)  the other records and information required to be kept by the corporation by Section 16-10a-830; and (b)  authenticating records of the corporation. See Utah Code 16-10a-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. Share: means the unit into which the proprietary interests in a corporation are divided. See Utah Code 16-10a-102 Shareholder: means : (i)  the person in whose name a share is registered in the records of a corporation; or (ii)  the beneficial owner of a share to the extent recognized pursuant to Section 16-10a-723. See Utah Code 16-10a-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 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. 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. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Voting group: means all shares of one or more classes or series that under the articles of incorporation or this chapter are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. See Utah Code 16-10a-102 Writing: includes :Utah Code 68-3-12.5