Terms Used In Utah Code > Title 17C > Chapter 1 > Part 1 - General Provisions

• Adjusted tax increment: means the percentage of tax increment, if less than 100%, that an agency is authorized to receive:

  (a)	for a pre-July 1, 1993, project area plan, under Section 17C-1-403, excluding tax increment under Subsection 17C-1-403(3);

  (b)	for a post-June 30, 1993, project area plan, under Section 17C-1-404, excluding tax increment under Section 17C-1-406;

  (c)	under a project area budget approved by a taxing entity committee; or

  (d)

  under an interlocal agreement that authorizes the agency to receive a taxing entity's tax increment. See Utah Code 17C-1-102 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. Annual income: means the same as that term is defined in regulations of the United States Department of Housing and Urban Development, 24 C. See Utah Code 17C-1-102 Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. 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. Assessment roll: means the same as that term is defined in Section 59-2-102. See Utah Code 17C-1-102 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. 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 , unless otherwise adjusted in accordance with provisions of this title, a property's taxable value as shown upon the assessment roll last equalized during the base year. See Utah Code 17C-1-102 Base year: means , except as provided in Subsection 17C-1-402(4)(c), the year during which the assessment roll is last equalized: (a)  for a pre-July 1, 1993, urban renewal or economic development project area plan, before the project area plan's effective date; (b)  for a post-June 30, 1993, urban renewal or economic development project area plan, or a community reinvestment project area plan that is subject to a taxing entity committee: (i)  before the date on which the taxing entity committee approves the project area budget; or (ii)  if taxing entity committee approval is not required for the project area budget, before the date on which the community legislative body adopts the project area plan; (c)  for a project on an inactive airport site, after the later of: (i)  the date on which the inactive airport site is sold for remediation and development; or (ii)  the date on which the airport that operated on the inactive airport site ceased operations; or (d)  for a community development project area plan or a community reinvestment project area plan that is subject to an interlocal agreement, as described in the interlocal agreement. See Utah Code 17C-1-102 Basic levy: means the portion of a school district's tax levy constituting the minimum basic levy under Section 59-2-902. See Utah Code 17C-1-102 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 governing body of an agency, as described in Section 17C-1-203. See Utah Code 17C-1-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Community: means a county or municipality. See Utah Code 17C-1-102 Community development project area plan: means a project area plan adopted under 1. See Utah Code 17C-1-102 Community legislative body: means the legislative body of the community that created the agency. See Utah Code 17C-1-102 community reinvestment agency: means a separate body corporate and politic, created under Section 17C-1-201. See Utah Code 17C-1-102 Community reinvestment project area plan: means a project area plan adopted under 1. See Utah Code 17C-1-102 Competency evaluation: means an evaluation conducted by a forensic evaluator to determine if an individual is competent to stand trial. See Utah Code 77-15-2 Competent to stand trial: means that a defendant has: (a)  a rational and factual understanding of the criminal proceedings against the defendant and of the punishment specified for the offense charged; and (b)  the ability to consult with the defendant's legal counsel with a reasonable degree of rational understanding in order to assist in the defense. See Utah Code 77-15-2 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Continuance: Putting off of a hearing ot trial until a later time. Contract: A legal written agreement that becomes binding when signed. 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. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Health and Human Services. See Utah Code 77-15-2 Development impediment: means a condition of an area that meets the requirements described in Section 17C-2-303 for an urban renewal project area or Section 17C-5-405 for a community reinvestment project area. See Utah Code 17C-1-102 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Economic development project area plan: means a project area plan adopted under 1. See Utah Code 17C-1-102 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. Family: means the same as that term is defined in regulations of the United States Department of Housing and Urban Development, 24 C. See Utah Code 17C-1-102 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 Forensic evaluator: means a licensed mental health professional who: (a)  is not involved in the defendant's treatment; (b)  is trained and qualified by the department to conduct a competency evaluation, a restoration screening, and a progress toward competency evaluation, based on knowledge, experience, or education relating to: (i)  intellectual functioning or psychopathology; and (ii)  the legal system and the rights of a defendant in a criminal trial; and (c)  if under contract with the department, demonstrates ongoing education and training relating to forensic mental health in accordance with rules established by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 77-15-2 Hazardous waste: means any substance defined, regulated, or listed as a hazardous substance, hazardous material, hazardous waste, toxic waste, pollutant, contaminant, or toxic substance, or identified as hazardous to human health or the environment, under state or federal law or regulation. See Utah Code 17C-1-102 Housing allocation: means project area funds allocated for housing under Section 17C-2-203, 17C-3-202, or 17C-5-307 for the purposes described in Section 17C-1-412. See Utah Code 17C-1-102 Inactive airport site: includes a perimeter of up to 2,500 feet around the land described in Subsection (30)(a). See Utah Code 17C-1-102 Inactive industrial site: includes a perimeter of up to 1,500 feet around the land described in Subsection (31)(a). See Utah Code 17C-1-102 Income targeted housing: means housing that is owned or occupied by a family whose annual income is at or below 80% of the median annual income for a family within the county in which the housing is located. See Utah Code 17C-1-102 Incompetent to proceed: means that a defendant is not competent to stand trial as a result of: (a)  mental illness; or (b)  intellectual disability. See Utah Code 77-15-2 Intellectual disability: means an intellectual disability as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. See Utah Code 77-15-2 Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Land: includes :Utah Code 68-3-12.5 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 Marginal value: means the difference between actual taxable value and base taxable value. See Utah Code 17C-1-102 Mental illness: means the same as that term is defined in Section 26B-5-301. See Utah Code 77-15-2 Municipality: means a city, town, or metro township as defined in Section 10-2a-403. See Utah Code 17C-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. Participation agreement: means a written agreement between a person and an agency that: (a)  includes a description of: (i)  the project area development that the person will undertake; (ii)  the amount of project area funds the person may receive; and (iii)  the terms and conditions under which the person may receive project area funds; and (b)  is approved by resolution of the board. See Utah Code 17C-1-102 Person: means :Utah Code 68-3-12.5 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Petition: means a petition to request a court to determine whether a defendant is competent to stand trial. See Utah Code 77-15-2 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. Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial. Probable cause: A reasonable ground for belief that the offender violated a specific law. Progress toward competency evaluation: means an evaluation to determine whether an individual who is receiving restoration treatment is: (a)  competent to stand trial; (b)  incompetent to proceed but has a substantial probability of becoming competent to stand trial in the foreseeable future; or (c)  incompetent to proceed and does not have a substantial probability of becoming competent to stand trial in the foreseeable future. See Utah Code 77-15-2 Project area: means the geographic area described in a project area plan within which the project area development described in the project area plan takes place or is proposed to take place. See Utah Code 17C-1-102 Project area budget: means a multiyear projection of annual or cumulative revenues and expenses and other fiscal matters pertaining to a project area prepared in accordance with: (a)  for an urban renewal project area, Section 17C-2-201; (b)  for an economic development project area, Section 17C-3-201; (c)  for a community development project area, Section 17C-4-204; or (d)  for a community reinvestment project area, Section 17C-5-302. See Utah Code 17C-1-102 Project area development: means activity within a project area that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of implementing a project area plan, including: (a)  promoting, creating, or retaining public or private jobs within the state or a community; (b)  providing office, manufacturing, warehousing, distribution, parking, or other facilities or improvements; (c)  planning, designing, demolishing, clearing, constructing, rehabilitating, or remediating environmental issues; (d)  providing residential, commercial, industrial, public, or other structures or spaces, including recreational and other facilities incidental or appurtenant to the structures or spaces; (e)  altering, improving, modernizing, demolishing, reconstructing, or rehabilitating existing structures; (f)  providing open space, including streets or other public grounds or space around buildings; (g)  providing public or private buildings, infrastructure, structures, or improvements; (h)  relocating a business; (i)  improving public or private recreation areas or other public grounds; (j)  eliminating a development impediment or the causes of a development impediment; (k)  redevelopment as defined under the law in effect before May 1, 2006; or (l)  any activity described in this Subsection (48) outside of a project area that the board determines to be a benefit to the project area. See Utah Code 17C-1-102 Project area funds: means tax increment or sales and use tax revenue that an agency receives under a project area budget adopted by a taxing entity committee or an interlocal agreement. See Utah Code 17C-1-102 Project area plan: means an urban renewal project area plan, an economic development project area plan, a community development project area plan, or a community reinvestment project area plan that, after the project area plan's effective date, guides and controls the project area development. See Utah Code 17C-1-102 Property: includes both real and personal property. See Utah Code 68-3-12.5 Property tax: includes a privilege tax imposed under Title 59, Chapter 4, Privilege Tax. See Utah Code 17C-1-102 Public entity: means : (a)  the United States, including an agency of the United States; (b)  the state, including any of the state's departments or agencies; or (c)  a political subdivision of the state, including a county, municipality, school district, special district, special service district, community reinvestment agency, or interlocal cooperation entity. See Utah Code 17C-1-102 Publicly owned infrastructure and improvements: means water, sewer, storm drainage, electrical, natural gas, telecommunication, or other similar systems and lines, streets, roads, curb, gutter, sidewalk, walkways, parking facilities, public transportation facilities, or other facilities, infrastructure, and improvements benefitting the public and to be publicly owned or publicly maintained or operated. See Utah Code 17C-1-102 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 owner of property: means the owner of real property, as shown on the records of the county in which the property is located, to whom the property's tax notice is sent. See Utah Code 17C-1-102 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. Restoration treatment: means training and treatment that is: (a)  provided to an individual who is incompetent to proceed; (b)  tailored to the individual's particular impairment to competency; and (c)  limited to the purpose of restoring the individual to competency. See Utah Code 77-15-2 Sales and use tax revenue: means revenue that is: (a)  generated from a tax imposed under Title 59, Chapter 12, Sales and Use Tax Act; and (b)  distributed to a taxing entity in accordance with Sections 59-12-204 and 59-12-205. See Utah Code 17C-1-102 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. 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 Survey area: means a geographic area designated for study by a survey area resolution to determine whether: (a)  one or more project areas within the survey area are feasible; or (b)  a development impediment exists within the survey area. See Utah Code 17C-1-102 Survey area resolution: means a resolution adopted by a board that designates a survey area. See Utah Code 17C-1-102 Tax increment: means the difference between: (i)  the amount of property tax revenue generated each tax year by a taxing entity from the area within a project area designated in the project area plan as the area from which tax increment is to be collected, using the current assessed value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924; and (ii)  the amount of property tax revenue that would be generated from that same area using the base taxable value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924. See Utah Code 17C-1-102 Taxable value: means : (a)  the taxable value of all real property a county assessor assesses in accordance with 3, for the current year; (b)  the taxable value of all real and personal property the commission assesses in accordance with 2, for the current year; and (c)  the year end taxable value of all personal property a county assessor assesses in accordance with 3, contained on the prior year's tax rolls of the taxing entity. See Utah Code 17C-1-102 Taxing entity: means a public entity that: (a)  levies a tax on property located within a project area; or (b)  imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act. See Utah Code 17C-1-102 Taxing entity committee: means a committee representing the interests of taxing entities, created in accordance with Section 17C-1-402. See Utah Code 17C-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 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Unincorporated: means not within a municipality. See Utah Code 17C-1-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Urban renewal project area plan: means a project area plan adopted under 1. See Utah Code 17C-1-102 Writing: includes :Utah Code 68-3-12.5