Utah Code > Title 13 > Chapter 68 > Part 3 – Operational Requirements
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Terms Used In Utah Code > Title 13 > Chapter 68 > Part 3 - Operational Requirements
- 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.
- 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.
- Applicable area: means :(1)(a) for a county, the unincorporated area of the county that is included within the proposed special district; or(1)(b) for a municipality, the area of the municipality that is included within the proposed special district. See Utah Code 17B-1-201
- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attorney: means an individual who is authorized to provide legal services in any state or territory of the United States. See Utah Code 13-68-101
- Bond: means :(3)(a) a written obligation to repay borrowed money, whether denominated a bond, note, warrant, certificate of indebtedness, or otherwise; and(3)(b) a lease agreement, installment purchase agreement, or other agreement that:(3)(b)(i) includes an obligation by the district to pay money; and(3)(b)(ii) the district's board of trustees, in its discretion, treats as a bond for purposes of Title 11, Chapter 14, Local Government Bonding Act, or Title 11, Chapter 27, Utah Refunding Bond Act. See Utah Code 17B-1-102
- Certified disaster service volunteer: means any person who has completed the necessary training for and has been certified as a disaster service specialist by the American Red Cross. See Utah Code 34-43-102
- 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 that is provided lawyer referral services by a lawyer referral consultant. See Utah Code 13-68-101
- Commission: means the State Commission on Criminal and Juvenile Justice created in Section 63M-7-201. See Utah Code 17-55-101
- 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.
- 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.
- council: means a council created by a county or counties in accordance with Section 17-55-201. See Utah Code 17-55-101
- County executive: means :(7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;(7)(b) the county executive, in the county executive-council optional form of government authorized by Section
17-52a-203 ; or(7)(c) the county manager, in the council-manager optional form of government authorized by Section17-52a-204 . See Utah Code 68-3-12.5 - County legislative body: means :(8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;(8)(b) the county council, in the county executive-council optional form of government authorized by Section
17-52a-203 ; and(8)(c) the county council, in the council-manager optional form of government authorized by Section17-52a-204 . See 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.
- Department: means the Department of Veterans and Military Affairs, created in Section 71A-1-201. See Utah Code 34-50-102
- Disaster: means any disaster designated at Level III or higher in the American National Red Cross Regulations and Procedures. See Utah Code 34-43-102
- Discharge document: means a document received by a service member upon separation from military service, including:(2)(a) a DD 214, United States Department of Defense Certificate of Release or Discharge from Active Duty;(2)(b) a DD 256, United States Department of Defense Honorable Discharge Certificate;(2)(c) a DD 257, United States General Discharge Certificate; or(2)(d) an NGB 22, Utah National Guard Certificate of Release or Discharge. See Utah Code 34-50-102
- 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 of Commerce. See Utah Code 13-68-101
- Donor: The person who makes a gift.
- Donor: means an employee, a volunteer, a prospective employee, or a prospective volunteer of a local government entity or a state institution of higher education. See Utah Code 34-41-101
- Drainage district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 2, Drainage District Act, including an entity that was created and operated as a drainage district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- Drug: means any substance recognized as a drug in the United States Pharmacopeia, the National Formulary, the Homeopathic Pharmacopeia, or other drug compendia, including Title 58, Chapter 37, Utah Controlled Substances Act, or supplement to any of those compendia. See Utah Code 34-41-101
- Drug testing: means the scientific analysis for the presence of drugs or their metabolites in the human body in accordance with the definitions and terms of this chapter. See Utah Code 34-41-101
- Employment invention: means any invention or part thereof conceived, developed, reduced to practice, or created by an employee which is:(1)(a) conceived, developed, reduced to practice, or created by the employee:(1)(a)(i) within the scope of his employment;(1)(a)(ii) on his employer's time; or(1)(a)(iii) with the aid, assistance, or use of any of his employer's property, equipment, facilities, supplies, resources, or intellectual property;(1)(b) the result of any work, services, or duties performed by an employee for his employer;(1)(c) related to the industry or trade of the employer; or(1)(d) related to the current or demonstrably anticipated business, research, or development of the employer. See Utah Code 34-39-2
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- 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:(2)(a) the power and duty to carry laws and ordinances into effect and secure their due observance; and(2)(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
- facilities: includes any structure, building, system, land, water right, water, or other real or personal property required to provide a service that a special district is authorized to provide, including any related or appurtenant easement or right-of-way, improvement, utility, landscaping, sidewalk, road, curb, gutter, equipment, or furnishing. See Utah Code 17B-1-102
- Fire protection district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 3, Fire Protection District Act, including an entity that was created and operated as a fire protection district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- 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.
- Governing body: means :(2)(a) for a county or municipality, the legislative body of the county or municipality; and(2)(b) for a special district, the board of trustees of the special district. See Utah Code 17B-1-201
- Groundwater right owner petition: means a petition under Subsection
17B-1-203 (1)(c). See Utah Code 17B-1-201 - Groundwater right owner request: means a request under Section
17B-1-204 that is signed by owners of water rights as provided in Subsection17B-1-204 (2)(b)(ii). See Utah Code 17B-1-201 - Highway: includes :(15)(a) a public bridge;(15)(b) a county way;(15)(c) a county road;(15)(d) a common road; and(15)(e) a state road. See Utah Code 68-3-12.5
- Improvement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 4, Improvement District Act, including an entity that was created and operated as a county improvement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- Infrastructure financing district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102
- Initiating special district: means a special district that adopts a resolution proposing the creation of a special district under Subsection
17B-1-203 (1)(f). See Utah Code 17B-1-201 - Intellectual property: means any and all patents, trade secrets, know-how, technology, confidential information, ideas, copyrights, trademarks, and service marks and any and all rights, applications, and registrations relating to them. See Utah Code 34-39-2
- Irrigation district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 5, Irrigation District Act, including an entity that was created and operated as an irrigation district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- 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 :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
- Lawyer referral consultant: means an individual that engages in lawyer referral service. See Utah Code 13-68-101
- Lawyer referral service: means assisting a person to find an attorney or law firm that provides legal services in the legal field appropriate for the person's legal matter. See Utah Code 13-68-101
- 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
- Legal services: means any form of legal advice or legal representation that is subject to the laws of this state. See Utah Code 13-68-101
- Legislative: when used to describe the powers, duties, or functions of a county commission or council, refers to:(3)(a) the power and duty to enact ordinances, levy taxes, and establish budgets; and(3)(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 governmental entity: means any political subdivision of Utah including any county, municipality, local school district, special district, special service district, or any administrative subdivision of those entities. See Utah Code 34-41-101
- Metropolitan water district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 6, Metropolitan Water District Act, including an entity that was created and operated as a metropolitan water district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- Mosquito abatement district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 7, Mosquito Abatement District Act, including an entity that was created and operated as a mosquito abatement district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- Municipal: means of or relating to a municipality. See Utah Code 17B-1-102
- Municipal services district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 11, Municipal Services District Act. See Utah Code 17B-1-102
- Municipality: means a city or town. See Utah Code 17B-1-102
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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.
- Periodic testing: means preselected and preannounced drug testing of employees or volunteers conducted on a regular schedule. See Utah Code 34-41-101
- Person: means an individual, property owner, landlord, tenant, employer, business entity, or other legal entity. See Utah Code 34-45-102
- Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Personal property: All property that is not real property.
- Personal property: includes :(25)(a) money;(25)(b) goods;(25)(c) chattels;(25)(d) effects;(25)(e) evidences of a right in action;(25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and(25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
- Petition: means a petition under Subsection
17B-1-203 (1)(a), (b), (c), or (d). See Utah Code 17B-1-201 - Political subdivision: means a county, city, town, special district under this title, special service district under Title 17D, Chapter 1, Special Service District Act, an entity created by interlocal cooperation agreement under Title 11, Chapter 13, Interlocal Cooperation Act, or any other governmental entity designated in statute as a political subdivision of the state. See Utah Code 17B-1-102
- Post-incarceration services: includes :(5)(b)(i) educational services;(5)(b)(ii) housing services;(5)(b)(iii) health care services;(5)(b)(iv) workforce services; and(5)(b)(v) human services programs. See Utah Code 17-55-101
- Preference eligible: means the same as that term is defined in Section 71A-2-101. See Utah Code 34-50-102
- Private employer: means the same as that term is defined in Section 63G-12-102. See Utah Code 34-50-102
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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 owner request: means a request under Section
17B-1-204 that is signed by owners of real property as provided in Subsection17B-1-204 (2)(b)(i). See Utah Code 17B-1-201 - Prospective employee: means any person who has made a written or oral application to become an employee of a local governmental entity or a state institution of higher education. See Utah Code 34-41-101
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- Public transit district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 8, Public Transit District Act, including an entity that was created and operated as a public transit district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- Quorum: The number of legislators that must be present to do business.
- Random testing: means the unannounced drug testing of an employee or volunteer who was selected for testing by using a method uninfluenced by any personal characteristics other than job category. See Utah Code 34-41-101
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: includes :(31)(a) land;(31)(b) a tenement;(31)(c) a hereditament;(31)(d) a water right;(31)(e) a possessory right; and(31)(f) a claim. See Utah Code 68-3-12.5
- Registered voter petition: means a petition under Subsection
17B-1-203 (1)(b). See Utah Code 17B-1-201 - Registered voter request: means a request under Section
17B-1-204 that is signed by registered voters as provided in Subsection17B-1-204 (2)(b)(iii). See Utah Code 17B-1-201 - Request: means a request as described in Section
17B-1-204 . See Utah Code 17B-1-201 - Responsible body: means the governing body of:(12)(a) the municipality in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single municipality;(12)(b) the county in which the proposed special district is located, if the petition or resolution proposes the creation of a special district located entirely within a single county and all or part of the proposed special district is located within:(12)(b)(i) the unincorporated part of the county; or(12)(b)(ii) more than one municipality within the county;(12)(c) if the petition or resolution proposes the creation of a special district located within more than one county, the county whose boundaries include more of the area of the proposed special district than is included within the boundaries of any other county; or(12)(d) the initiating special district, if a resolution proposing the creation of a special district is adopted under Subsection
17B-1-203 (1)(f). See Utah Code 17B-1-201 - Responsible clerk: means :(13)(a) except as provided in Subsection (13)(b), the clerk of the county or the clerk or recorder of the municipality whose legislative body is the responsible body; or(13)(b) for the proposed creation of an infrastructure financing district, the clerk of the county in which the majority of the acreage within the boundary of the proposed infrastructure financing district is located. See Utah Code 17B-1-201
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Road: includes :(33)(a) a public bridge;(33)(b) a county way;(33)(c) a county road;(33)(d) a common road; and(33)(e) a state road. See Utah Code 68-3-12.5
- Sample: means urine, blood, breath, saliva, or hair. See Utah Code 34-41-101
- Service applicant: means a person who requests that a special district provide a service that the special district is authorized to provide. See Utah Code 17B-1-102
- Service area: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 9, Service Area Act, including an entity that was created and operated as a county service area or a regional service area under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- Service member: means a currently serving member of the armed forces. See Utah Code 34-50-102
- 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.
- Short-term bond: means a bond that is required to be repaid during the fiscal year in which the bond is issued. See Utah Code 17B-1-102
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- Special assessment: means an assessment levied against property to pay all or a portion of the costs of making improvements that benefit the property. See Utah Code 17B-1-102
- Special assessment bond: means a bond payable from special assessments. See Utah Code 17B-1-102
- Special district: means a limited purpose local government entity, as described in Section
17B-1-103 , that operates under, is subject to, and has the powers described in:(31)(a) this chapter; or(31)(b)(31)(b)(i) this chapter; and(31)(b)(ii)(31)(b)(ii)(A) Chapter 2a, Part 1, Cemetery Maintenance District Act;(31)(b)(ii)(B) Chapter 2a, Part 2, Drainage District Act;(31)(b)(ii)(C) Chapter 2a, Part 3, Fire Protection District Act;(31)(b)(ii)(D) Chapter 2a, Part 4, Improvement District Act;(31)(b)(ii)(E) Chapter 2a, Part 5, Irrigation District Act;(31)(b)(ii)(F) Chapter 2a, Part 6, Metropolitan Water District Act;(31)(b)(ii)(G) Chapter 2a, Part 7, Mosquito Abatement District Act;(31)(b)(ii)(H) Chapter 2a, Part 8, Public Transit District Act;(31)(b)(ii)(I) Chapter 2a, Part 9, Service Area Act;(31)(b)(ii)(J) Chapter 2a, Part 10, Water Conservancy District Act;(31)(b)(ii)(K) Chapter 2a, Part 11, Municipal Services District Act; or(31)(b)(ii)(L) Chapter 2a, Part 13, Infrastructure Financing Districts. See Utah Code 17B-1-102 - Specialized special district: means a special district that is a cemetery maintenance district, a drainage district, a fire protection district, an improvement district, an irrigation district, a metropolitan water district, a mosquito abatement district, a public transit district, a service area, a water conservancy district, a municipal services district, or an infrastructure financing district. See Utah Code 17B-1-102
- 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
- State agency: means any state office, officer, official, department, board, commission, institution, bureau, agency, division, or unit of the state, including those within the legislative and judicial branches of the state government. See Utah Code 34-43-102
- State institution of higher education: means the institution as defined in Section
53B-3-102 . See Utah Code 34-41-101 - Statute: A law passed by a legislature.
- Tax and revenue anticipation bond: means a bond:(34)(a) issued in anticipation of the collection of taxes or other revenues or a combination of taxes and other revenues; and(34)(b) that matures within the same fiscal year as the fiscal year in which the bond is issued. See Utah Code 17B-1-102
- Taxable value: means the taxable value of property as computed from the most recent equalized assessment roll for county purposes. See Utah Code 17B-1-102
- Town: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5 - Unincorporated: means not included within a municipality. See Utah Code 17B-1-102
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Veteran: means the same as that term is defined in Section Utah Code 34-50-102
- Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
- Victim advocate: work with prosecutors and assist the victims of a crime.
- Volunteer: means any person who donates services as authorized by the local governmental entity or state institution of higher education without pay or other compensation except expenses actually and reasonably incurred. See Utah Code 34-41-101
- Water conservancy district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 10, Water Conservancy District Act, including an entity that was created and operated as a water conservancy district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
- Works: includes a dam, reservoir, well, canal, conduit, pipeline, drain, tunnel, power plant, and any facility, improvement, or property necessary or convenient for supplying or treating water for any beneficial use, and for otherwise accomplishing the purposes of a special district. See Utah Code 17B-1-102
- Writing: includes :(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5