Part 1 Cemetery Maintenance District Act 17B-2a-102 – 17B-2a-107
Part 2 Drainage District Act 17B-2a-201 – 17B-2a-211
Part 3 Fire Protection District Act 17B-2a-301 – 17B-2a-306
Part 4 Improvement District Act 17B-2a-401 – 17B-2a-407
Part 5 Irrigation District Act 17B-2a-501 – 17B-2a-516
Part 6 Metropolitan Water District Act 17B-2a-601 – 17B-2a-608
Part 7 Mosquito Abatement District Act 17B-2a-701 – 17B-2a-706
Part 8 Public Transit District Act 17B-2a-801 – 17B-2a-827
Part 9 Service Area Act 17B-2a-901 – 17B-2a-907
Part 10 Water Conservancy District Act 17B-2a-1001 – 17B-2a-1010
Part 11 Municipal Services District Act 17B-2a-1101 – 17B-2a-1112

Terms Used In Utah Code > Title 17B > Chapter 2a - Provisions Applicable to Different Types of Special Districts

  • Abstract of judgment: In a federal criminal proceeding, A certification from a U.S. District Court clerk that a judgment of restitution was entered against the defendant owing to the victim. If the defendant inherits, owns, or sells real property or holdings, these assets can then be attached at the state and local levels as well.
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • 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.
  • Advisory committee: means the committee that proposes to the Supreme Court rules or changes in rules related to:
    (a) civil procedure;
    (b) criminal procedure;
    (c) juvenile procedure;
    (d) appellate procedure;
    (e) evidence; and
    (f) professional conduct. See Utah Code 36-32-102
  • Affected person: means :
    (a) a person who is a record interest holder of the real property that is the subject of a recorded nonconsensual common law document; or
    (b) the person against whom a recorded nonconsensual common law document purports to reflect or establish a claim or obligation. See Utah Code 38-9-102
  • 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.
  • Affordable housing: means housing occupied or reserved for occupancy by households that meet certain gross household income requirements based on the area median income for households of the same size. See Utah Code 17B-2a-802
  • Allegation: something that someone says happened.
  • Alternate means: means a method of filing a legible and complete notice or other document with the registry other than electronically, as established by the division by rule. See Utah Code 38-1a-102
  • Alternate means: means the same as that term is defined in Section 38-1a-102. See Utah Code 38-1b-102
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Anticipated improvement: means an improvement:
    (a) for which preconstruction service is performed; and
    (b) that is anticipated to follow the performing of preconstruction service. See Utah Code 38-1a-102
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicable county recorder: means the office of the recorder of each county in which any part of the property on which a claimant claims or intends to claim a preconstruction or construction lien is located. See Utah Code 38-1a-102
  • 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
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • 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.
  • Board: means the Utah Fire Prevention Board created in Section 53-7-203. See Utah Code 15A-1-102
  • Bona fide loan: means a loan to an owner or owner-builder by a lender in which the owner or owner-builder has no financial or beneficial interest greater than 5% of the voting shares or other ownership interest. See Utah Code 38-1a-102
  • Bond: means :
    (a) a written obligation to repay borrowed money, whether denominated a bond, note, warrant, certificate of indebtedness, or otherwise; and
    (b) a lease agreement, installment purchase agreement, or other agreement that:
    (i) includes an obligation by the district to pay money; and
    (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
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Cemetery maintenance district: means a special district that operates under and is subject to the provisions of this chapter and Chapter 2a, Part 1, Cemetery Maintenance District Act, including an entity that was created and operated as a cemetery maintenance district under the law in effect before April 30, 2007. See Utah Code 17B-1-102
  • Certified mail: means :
    (a) a method of mailing that is offered by the United States Postal Service and provides evidence of mailing; or
    (b) a method of mailing that is accompanied by a certificate of mailing executed by the individual who caused the notice to be mailed. See Utah Code 38-8-1
  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Chief executive officer: means a person appointed by the board of trustees of a small public transit district to serve as chief executive officer. See Utah Code 17B-2a-802
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Claimant: means a person entitled to claim a preconstruction or construction lien. See Utah Code 38-1a-102
  • Clerk of the court: means the state court administrator or his designee. See Utah Code 77-10a-1
  • Committee: means the Judicial Rules Review Committee created in Section 36-32-201. See Utah Code 36-32-102
  • 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.
  • Compensation: means the payment of money for a service rendered or an expense incurred, whether based on:
    (a) time and expense, lump sum, stipulated sum, percentage of cost, cost plus fixed or percentage fee, or commission; or
    (b) a combination of the bases listed in Subsection (6)(a). See Utah Code 38-1a-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Confidential employee: means a person who, in the regular course of the person's duties:
    (a) assists in and acts in a confidential capacity in relation to other persons who formulate, determine, and effectuate management policies regarding labor relations; or
    (b) has authorized access to information relating to effectuating or reviewing the employer's collective bargaining policies. See Utah Code 17B-2a-802
  • Construction lender: means a person who makes a construction loan. See Utah Code 38-1a-102
  • Construction lien: means a lien under this chapter for construction work. See Utah Code 38-1a-102
  • Construction project: means an improvement that is constructed pursuant to an original contract. See Utah Code 38-1a-102
  • Construction project: means the same as that term is defined in Section 38-1a-102. See Utah Code 38-1b-102
  • Construction work: means the same as that term is defined in Section 38-1a-102. See Utah Code 38-1b-102
  • Contestable notice: means a notice of preconstruction service under Section 38-1a-401, a preliminary notice under Section 38-1a-501, or a notice of completion under Section 38-1a-506. See Utah Code 38-1a-102
  • Contesting person: means an owner, original contractor, subcontractor, or other interested person. See Utah Code 38-1a-102
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contractor: means any person who, under contract with the owner or an operator designated by an owner, performs work upon or furnishes materials or equipment for any production unit. See Utah Code 38-10-101
  • 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.
  • Council of governments: means a decision-making body in each county composed of membership including the county governing body and the mayors of each municipality in the county. See Utah Code 17B-2a-802
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County executive: means :Utah Code 68-3-12.5
  • County legislative body: means :Utah Code 68-3-12.5
  • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
  • Court rule: means any of the following:
    (a) rules of procedure, evidence, or practice for use of the courts of this state;
    (b) rules governing and managing the appellate process adopted by the Supreme Court; or
    (c) rules adopted by the Judicial Council for the administration of the courts of the state. See Utah Code 36-32-102
  • 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.
  • Default: means the failure to perform in a timely manner any obligation or duty described in this chapter or the rental agreement. See Utah Code 38-8-1
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 36-33-101
  • Department: means the Department of Transportation created in Section 72-1-201. See Utah Code 17B-2a-802
  • Department: means the Department of Health and Human Services created in Section 26B-1-201. See Utah Code 36-29-301
  • Dependent: A person dependent for support upon another.
  • Designated agent: means the third party the division contracts with as provided in Section 38-1a-202 to create and maintain the registry. See Utah Code 38-1a-102
  • Designated agent: means the same as that term is defined in Section 38-1a-102. See Utah Code 38-1b-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Ditch: includes a drain or natural or constructed watercourse, whether open, covered, or tiled, and whether inside or outside the drainage district. See Utah Code 17B-2a-202
  • Division: means the Division of Child and Family Services created in Section 80-2-201. See Utah Code 36-33-101
  • Division: means the Division of Professional Licensing created in Section 58-1-103, except as provided in:
    (a) 4; and
    (b) Chapter 5, State Fire Code Act. See Utah Code 15A-1-102
  • Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 38-1a-102
  • Division: means the Division of Professional Licensing created in Section 58-1-103. See Utah Code 38-1b-102
  • Docket: A log containing brief entries of court proceedings.
  • Document sponsor: means a person who, personally or through a designee, signs or submits for recording a document that is, or is alleged to be, a nonconsensual common law document. See Utah Code 38-9-102
  • Drainage: includes the reclamation, protection, or betterment of land by leading, carrying, withholding, or pumping excess water from land through canals, ditches, pipes, or other means. See Utah Code 17B-2a-202
  • 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
  • Email: means an electronic message or an executable program or computer file that contains an image of a message that is transmitted between two or more computers or electronic terminals, including electronic messages that are transmitted within or between computer networks. See Utah Code 38-8-1
  • Entry number: means the reference number that:
    (a) the designated agent assigns to each notice or other document filed with the registry; and
    (b) is unique for each notice or other document. See Utah Code 38-1a-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
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • Executive director: means a person appointed by the board of trustees of a large public transit district to serve as executive director. See Utah Code 17B-2a-802
  • Executive director: means the executive director of the department. See Utah Code 36-29-301
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • 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
  • 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.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Final completion: means :
    (a) the date of issuance of a permanent certificate of occupancy by the local government entity having jurisdiction over a construction project, if a permanent certificate of occupancy is required;
    (b) the date of the final inspection of construction work by the local government entity having jurisdiction over a construction project, if an inspection is required under a state-adopted building code applicable to the construction work, but no certificate of occupancy is required;
    (c) unless the owner is holding payment to ensure completion of construction work, the date on which there remains no substantial work to be completed to finish the construction work under the original contract, if a certificate of occupancy is not required and a final inspection is not required under an applicable state-adopted building code; or
    (d) the last date on which substantial work was performed under the original contract, if, because the original contract is terminated before completion of the construction work defined by the original contract, the local government entity having jurisdiction over a construction project does not issue a certificate of occupancy or perform a final inspection. See Utah Code 38-1a-102
  • Final lien waiver: means a form that complies with Subsection 38-1a-802(4)(c). See Utah Code 38-1a-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
  • First preliminary notice filing: means a preliminary notice that:
    (a) is the earliest preliminary notice filed on a construction project for which the preliminary notice is filed;
    (b) is filed on a construction project that, at the time the preliminary notice is filed, has not reached final completion; and
    (c) is not canceled under Section 38-1a-307. See Utah Code 38-1a-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.
  • Fixed guideway: means the same as that term is defined in Section 59-12-102. See Utah Code 17B-2a-802
  • Fixed guideway capital development: means the same as that term is defined in Section 72-1-102. See Utah Code 17B-2a-802
  • 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.
  • 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
  • General manager: means a person appointed by the board of trustees of a small public transit district to serve as general manager. See Utah Code 17B-2a-802
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Government project: means a construction project undertaken by or for:
    (a) the state, including a department, division, or other agency of the state; or
    (b) a county, city, town, school district, special district, special service district, community reinvestment agency, or other political subdivision of the state. See Utah Code 38-1b-102
  • Government project-identifying information: means :
    (a) the lot or parcel number of each lot included in the project property that has a lot or parcel number; or
    (b) the unique project number assigned by the designated agent. See Utah Code 38-1b-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.
  • 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
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Highway: includes :Utah Code 68-3-12.5
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • Improvement: means :
    (a) a building, infrastructure, utility, or other human-made structure or object constructed on or for and affixed to real property; or
    (b) a repair, modification, or alteration of a building, infrastructure, utility, or object referred to in Subsection (21)(a). See Utah Code 38-1a-102
  • 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
  • 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.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Interest holder: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11d-101
  • Interest holder: means a person who holds or possesses a present, lawful property interest in certain real property, including an owner, title holder, mortgagee, trustee, or beneficial owner. See Utah Code 38-9-102
  • 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
  • Interested person: means a person that may be affected by a construction project. See Utah Code 38-1a-102
  • Interim committees: includes a commission, committee, council, task force, board, or panel, in which legislative participation is required by law, which committee functions between sessions of the Legislature. See Utah Code 36-12-1
  • 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
  • Issuer: means a person authorized to issue a subpoena by this chapter. See Utah Code 36-14-1
  • Joint meeting: An occasion, often ceremonial, when the House and Senate each adopt a unanimous consent agreement
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
  • Judicial Council: means the administrative body of the courts, established in Utah Constitution, Utah Code 36-32-102
  • 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.
  • Juror: A person who is on the jury.
  • Land: includes :Utah Code 68-3-12.5
  • Large public transit district: means a public transit district that provides public transit to an area that includes:
    (a) more than 65% of the population of the state based on the most recent official census or census estimate of the United States Census Bureau; and
    (b) two or more counties. See Utah Code 17B-2a-802
  • Last known address: means the postal address provided by an occupant in a rental agreement or, if the occupant provides a subsequent written notice of a change of address, the postal address provided in the written notice of a change of address. See Utah Code 38-8-1
  • 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 body: means :
    (a) the Legislature;
    (b) the House or Senate; or
    (c) any committee or subcommittee of the Legislature, the House, or the Senate. See Utah Code 36-14-1
  • Legislative office: means the Office of Legislative Research and General Counsel, Office of the Legislative Fiscal Analyst, and the Office of the Legislative Auditor General. See Utah Code 36-14-1
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Legislative staff member: means an employee or independent contractor of a legislative office. See Utah Code 36-14-1
  • Legislative subpoena: means a subpoena issued by an issuer on behalf of a legislative body or legislative office and includes:
    (a) a subpoena requiring a person to appear and testify at a time and place designated in the subpoena;
    (b) a subpoena requiring a person to:
    (i) appear and testify at a time and place designated in the subpoena; and
    (ii) produce accounts, books, papers, documents, electronically stored information, or tangible things designated in the subpoena; and
    (c) a subpoena requiring a person to produce accounts, books, papers, documents, electronically stored information, or tangible things designated in the subpoena at a time and place designated in the subpoena. See Utah Code 36-14-1
  • 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.
  • Lien claimant: means contractors and subcontractors who claim a lien under this chapter. See Utah Code 38-10-101
  • Lien claimant: means a person claiming an interest in real property who offers a document for recording or filing with any county recorder in the state asserting a lien, or notice of interest, or other claim of interest in certain real property. See Utah Code 38-9-102
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Locally elected public official: means a person who holds an elected position with a county or municipality. See Utah Code 17B-2a-802
  • Major political party: means either of the two political parties having the greatest number of members elected to the two houses of the Legislature. See Utah Code 36-12-1
  • Majority leader: see Floor Leaders
  • Managerial employee: means a person who is:
    (a) engaged in executive and management functions; and
    (b) charged with the responsibility of directing, overseeing, or implementing the effectuation of management policies and practices. See Utah Code 17B-2a-802
  • Managing judge: means the supervising judge when he retains authority to manage a grand jury, or the district court judge to whom the supervising judge delegates management of a grand jury. See Utah Code 77-10a-1
  • Metro township: means :
    (a) a metro township for which the electors at an election under Section 10-2a-404 chose a metro township that is included in a municipal services district; or
    (b) a metro township that subsequently joins a municipal services district. See Utah Code 17B-2a-1102
  • Metropolitan planning organization: means the same as that term is defined in Section 72-1-208. See Utah Code 17B-2a-802
  • 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
  • Mine: means a mining claim, mineral deposit, ore deposit, quarry, or mining lease and any related shaft, tunnel, incline, drift, or excavation. See Utah Code 38-10-101
  • Minority leader: See Floor Leaders
  • Minority whip: See Whips.
  • 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.
  • 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
  • Multicounty district: means a public transit district located in more than one county. See Utah Code 17B-2a-802
  • Municipal: means of or relating to a municipality. See Utah Code 17B-1-102
  • Municipal services: means one or more of the services identified in Section 17-34-1, 17-36-3, or 17B-1-202. See Utah Code 17B-2a-1102
  • 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, town, or metro township. See Utah Code 17B-1-102
  • Nonconsensual common law document: means a document that is submitted to a county recorder's office for recording against public official property that:
    (a) purports to create a lien or encumbrance on or a notice of interest in the real property;
    (b) at the time the document is recorded, is not:
    (i) expressly authorized by this chapter or a state or federal statute;
    (ii) authorized by or contained in an order or judgment of a court of competent jurisdiction; or
    (iii) signed by or expressly authorized by a document signed by the owner of the real property; and
    (c) is submitted in relation to the public official's status or capacity as a public official. See Utah Code 38-9-102
  • Notice of commencement: means a notice required under Section 38-1b-201 for a government project as defined in Section 38-1b-102. See Utah Code 38-1a-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.
  • Occupant: means a person, or the person's sublessee, successor, or assignee, entitled to the use of a storage space at a self-service storage facility under a rental agreement, to the exclusion of others. See Utah Code 38-8-1
  • Operator: means a public entity or other person engaged in the transportation of passengers for hire. See Utah Code 17B-2a-802
  • Original contractor: means a person, including an owner-builder, that contracts with an owner to provide preconstruction service or construction work. See Utah Code 38-1a-102
  • Original contractor: means the same as that term is defined in Section 38-1a-102. See Utah Code 38-1b-102
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means a person who has a vested ownership interest in real property. See Utah Code 38-9-102
  • Owner: means :
    (a) the owner, operator, lessor, or sublessor of a self-service storage facility;
    (b) an agent of a person described in Subsection (7)(a); or
    (c) any other person authorized by a person described in Subsection (7)(a) to manage the facility or to receive rent from an occupant under a rental agreement. See Utah Code 38-8-1
  • Owner: means a person holding any operating right, working interest, or interest in the legal or equitable title, to any real property, mine, oil lease, gas lease, well, or any combination of these, unless otherwise provided in this chapter. See Utah Code 38-10-101
  • Owner: means the same as that term is defined in Section 77-11a-101. See Utah Code 77-11d-101
  • Owner: means a person who possesses an interest in a project property and contracts with an original contractor for preconstruction service or construction work. See Utah Code 38-1a-102
  • Owner: means the same as that term is defined in Section 38-1a-102. See Utah Code 38-1b-102
  • Owner-builder: means an owner, including an owner who is also an original contractor, who:
    (a) contracts with one or more other persons for preconstruction service or construction work for an improvement on the owner's real property; and
    (b) obtains a building permit for the improvement. See Utah Code 38-1a-102
  • Owner-builder: means the same as that term is defined in Section 38-1a-102. See Utah Code 38-1b-102
  • Panel: means the Child Welfare Legislative Oversight Panel created in Section 36-33-102. See Utah Code 36-33-101
  • 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 :Utah Code 68-3-12.5
  • Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or other legal entity. See Utah Code 17B-1-102
  • Personal property: means movable property not affixed to land and includes goods, merchandise, and household items. See Utah Code 38-8-1
  • Personal property: includes :Utah Code 68-3-12.5
  • Personal property: All property that is not real property.
  • 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.
  • Political subdivision: means a county, city, town, school district, special improvement or taxing district, special district, special service district, or other governmental subdivision or public corporation. See Utah Code 38-9-102
  • Political subdivision: means a county, city, town, metro township, 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
  • Preconstruction lien: means a lien under this chapter for a preconstruction service. See Utah Code 38-1a-102
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Presiding officer: means the presiding officer of the Judicial Council. See Utah Code 77-10a-1
  • 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.
  • Private project: means a construction project that is not a government project. See Utah Code 38-1a-102
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Production unit: means :
    (a) the drilling unit for a well established by lawful order or rule of the Board of Oil, Gas, and Mining in which the well is located; or if not applicable, 40 acres comprising the quarter-quarter section, or equivalent legal subdivision, in which the well is located; or
    (b) a mine, and if work is performed upon or materials or equipment furnished to any part of the mine from which two or more mines are worked, the production unit shall extend to the owner's interest in the mines so worked. See Utah Code 38-10-101
  • Professional legislative staff: means the legislative directors and the members of their staffs. See Utah Code 36-12-1
  • Project property: means the real property interest on or for which preconstruction service or construction work is or will be provided. See Utah Code 38-1a-102
  • Project property: means the same as that term is defined in Section 38-1a-102. See Utah Code 38-1b-102
  • Proposal for court rule: means the proposed language in a court rule that is submitted to:
    (a) the Judicial Council;
    (b) the advisory committee; or
    (c) the Supreme Court. See Utah Code 36-32-102
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Psychotherapy drug: means a controlled substance that:
    (a) is not currently available for legal use; and
    (b) may be able to treat, manage, or alleviate symptoms from mental illness. See Utah Code 36-29-301
  • Public entity: means :
    (a) the United States or an agency of the United States;
    (b) the state or an agency of the state;
    (c) a political subdivision of the state or an agency of a political subdivision of the state;
    (d) another state or an agency of that state; or
    (e) a political subdivision of another state or an agency of that political subdivision. See Utah Code 17B-1-102
  • Public interest use: means :
    (a) use by a governmental agency as determined by the agency's legislative body; or
    (b) donation to a nonprofit charity registered with the state. See Utah Code 77-11d-101
  • Public official: means :
    (a) a current or former:
    (i) member of the Legislature;
    (ii) member of Congress;
    (iii) judge;
    (iv) member of law enforcement;
    (v) corrections officer;
    (vi) active member of the Utah State Bar; or
    (vii) member of the Board of Pardons and Parole;
    (b) an individual currently or previously appointed or elected to an elected position in:
    (i) the executive branch of state or federal government; or
    (ii) a political subdivision;
    (c) an individual currently or previously appointed to or employed in a position in a political subdivision, or state or federal government that:
    (i) is a policymaking position; or
    (ii) involves:
    (A) purchasing or contracting decisions;
    (B) drafting legislation or making rules;
    (C) determining rates or fees; or
    (D) making adjudicative decisions; or
    (d) an immediate family member of a person described in Subsections (8)(a) through (c). See Utah Code 38-9-102
  • Public transit: means regular, continuing, shared-ride, surface transportation services that are open to the general public or open to a segment of the general public defined by age, disability, or low income. See Utah Code 17B-2a-802
  • Public transit district: means a special district that provides public transit services. See Utah Code 17B-2a-802
  • Quorum: The number of legislators that must be present to do business.
  • 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.
  • Record interest holder: includes any grantor in the chain of the title in real property. See Utah Code 38-9-102
  • Registry: means the State Construction Registry under 2. See Utah Code 38-1a-102
  • Registry: means the same as that term is defined in Section 38-1a-102. See Utah Code 38-1b-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.
  • Rental agreement: means any written agreement or lease that establishes or modifies the terms, conditions, rules, or any other provisions relating to the use and occupancy of a unit or space at a self-service storage facility. See Utah Code 38-8-1
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Required notice: means :
    (a) a notice of preconstruction service under Section 38-1a-401;
    (b) a preliminary notice under Section 38-1a-501 or Section 38-1b-202;
    (c) a notice of commencement;
    (d) a notice of construction loan under Section 38-1a-601;
    (e) a notice under Section 38-1a-602 concerning a construction loan default;
    (f) a notice of intent to obtain final completion under Section 38-1a-506; or
    (g) a notice of completion under Section 38-1a-507. See Utah Code 38-1a-102
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Road: includes :Utah Code 68-3-12.5
  • Self-service storage facility: means real property designed and used for the purpose of renting or leasing individual storage space to occupants who have access to the facility for the purpose of storing personal property. See Utah Code 38-8-1
  • 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 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.
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • Small public transit district: means any public transit district that is not a large public transit district. See Utah Code 17B-2a-802
  • 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 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:
    (a) this chapter; or
    (b) 
    (i) this chapter; and
    (ii) 
    (A) 1;
    (B) 2;
    (C) 3;
    (D) 4;
    (E) 5;
    (F) 6;
    (G) 7;
    (H) 8;
    (I) 9;
    (J) 10; or
    (K) 11. See Utah Code 17B-1-102
  • Special investigative committee: is a s defined in Subsection 36-12-9(1). See Utah Code 36-14-1
  • Station area plan: means a plan developed and adopted by a municipality in accordance with Section 10-9a-403. See Utah Code 17B-2a-802
  • Statute: A law passed by a legislature.
  • Subcontractor: means any person, other than the contractor, who, under contract with a contractor or another subcontractor, performs work upon or furnishes materials or equipment for any production unit. See Utah Code 38-10-101
  • Subcontractor: means a person that contracts to provide preconstruction service or construction work to:
    (a) a person other than the owner; or
    (b) the owner, if the owner is an owner-builder. See Utah Code 38-1a-102
  • Subject: means a person whose conduct is within the scope of the grand jury's investigation, and that conduct exposes the person to possible criminal prosecution. See Utah Code 77-10a-1
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Supervising judge: means the district court judge appointed by the presiding officer to supervise the five-judge grand jury panel. See Utah Code 77-10a-1
  • Supervisor: means a person who has authority, in the interest of the employer, to:
    (i) hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees; or
    (ii) adjust another employee's grievance or recommend action to adjust another employee's grievance. See Utah Code 17B-2a-802
  • Supervisory subcontractor: means a person that:
    (a) is a subcontractor under contract to provide preconstruction service or construction work; and
    (b) contracts with one or more other subcontractors for the other subcontractor or subcontractors to provide preconstruction service or construction work that the person is under contract to provide. See Utah Code 38-1a-102
  • Swear: includes "affirm. See Utah Code 68-3-12.5
  • Target: means a person regarding whom the attorney for the state, the special prosecutor, or the grand jury has substantial evidence that links that person to the commission of a crime and who could be indicted or charged with that crime. See Utah Code 77-10a-1
  • task force: means the State Flag Task Force created in Section 36-29-202. See Utah Code 36-29-201
  • Task force: means the Mental Illness Psychotherapy Drug Task Force created in this part. See Utah Code 36-29-301
  • 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
  • Testify: means to make an oral statement under oath or affirmation. See Utah Code 68-3-12.5
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transit facility: means a transit vehicle, transit station, depot, passenger loading or unloading zone, parking lot, or other facility:
    (a) leased by or operated by or on behalf of a public transit district; and
    (b) related to the public transit services provided by the district, including:
    (i) railway or other right-of-way;
    (ii) railway line; and
    (iii) a reasonable area immediately adjacent to a designated stop on a route traveled by a transit vehicle. See Utah Code 17B-2a-802
  • Transit vehicle: means a passenger bus, coach, railcar, van, or other vehicle operated as public transportation by a public transit district. See Utah Code 17B-2a-802
  • Transit-oriented development: means a mixed use residential or commercial area that is designed to maximize access to public transit and includes the development of land owned by a large public transit district. See Utah Code 17B-2a-802
  • Transit-supportive development: means a mixed use residential or commercial area that is designed to maximize access to public transit and does not include the development of land owned by a large public transit district. See Utah Code 17B-2a-802
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • 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
  • 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
  • Vehicle: means personal property required to be registered with the Motor Vehicle Division pursuant to 2, Title 41, Chapter 22, Off-highway Vehicles, or Title 73, Chapter 18, State Boating Act. See Utah Code 38-8-1
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Veteran: means an individual who:Utah Code 68-3-12.5
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • Voice vote: A vote in which the Presiding Officer states the question, then asks those in favor and against to say "Yea" or "Nay," respectively, and announces the result according to his or her judgment. The names or numbers of legisators voting on each side are not recorded.
  • Voir dire: The process by which judges and lawyers select a petit jury from among those eligible to serve, by questioning them to determine knowledge of the facts of the case and a willingness to decide the case only on the evidence presented in court. "Voir dire" is a phrase meaning "to speak the truth."
  • 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
  • Witness: means a person who appears before the grand jury either voluntarily or pursuant to subpoena for the purpose of providing testimony or evidence for the grand jury's use in discharging its responsibilities. See Utah Code 77-10a-1
  • 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
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • 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
  • Wrongful lien: means any document that purports to create a lien, notice of interest, or encumbrance on an owner's interest in certain real property and at the time it is recorded is not:
    (a) expressly authorized by this chapter or another state or federal statute;
    (b) authorized by or contained in an order or judgment of a court of competent jurisdiction in the state; or
    (c) signed by or authorized pursuant to a document signed by the owner of the real property. See Utah Code 38-9-102
  • wrongful lien: refers to a lien made in violation of Section 76-6-503. See Utah Code 38-9a-102