Terms Used In Utah Code > Title 9 > Chapter 8 > Part 8 - Preserve Our Heritage Act

• 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.
• Affected entity: means :

  (i)	a county of the first or second class in whose unincorporated area the area proposed for annexation is located;

  (ii)	a county of the third, fourth, fifth, or sixth class in whose unincorporated area the area proposed for annexation is located, if the area includes residents or commercial or industrial development;

  (iii)

  a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or special service district under Title 17D, Chapter 1, Special Service District Act, whose boundary includes any part of an area proposed for annexation;

  (iv)	a school district whose boundary includes any part of an area proposed for annexation, if the boundary is proposed to be adjusted as a result of the annexation; and

  (v)

  a municipality whose boundaries are within 1/2 mile of an area proposed for annexation. See Utah Code 10-2-401 Agency: means any administrative unit of Utah's state government or local government. See Utah Code 9-8-802 Annexation petition: means a petition under Section 10-2-403 proposing the annexation to a municipality of a contiguous, unincorporated area that is contiguous to the municipality. See Utah Code 10-2-401 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. 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 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Commission: means the State Tax Commission. See Utah Code 10-1-303 Commission: means the State Tax Commission. See Utah Code 10-1-402 Commission: means a boundary commission established under Section 10-2-409 for the county in which the property that is proposed for annexation is located. See Utah Code 10-2-401 Contiguous: means : (a)  if used to described an area, continuous, uninterrupted, and without an island of territory not included as part of the area; and (b)  if used to describe an area's relationship to another area, sharing a common boundary. See Utah Code 10-1-104 Contract: A legal written agreement that becomes binding when signed. Contractual franchise fee: means : (a)  a fee: (i)  provided for in a franchise agreement; and (ii)  that is consideration for the franchise agreement; or (b)  (i)  a fee similar to Subsection (2)(a); or (ii)  any combination of Subsections (2)(a) and (b). See Utah Code 10-1-303 Controlling interest: means that one or more governmental entities collectively represent a majority of the board's voting power as outlined in the nonprofit corporation's governing documents. See Utah Code 11-13a-102 Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. County executive: means :Utah Code 68-3-12.5 County legislative body: means :Utah Code 68-3-12.5 customer: means the person who is obligated under a contract with a telecommunications provider to pay for telecommunications service received under the contract. See Utah Code 10-1-402 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. De minimis amount: means an amount of taxable energy that does not exceed the greater of: (a)  5% of the energy supplier's estimated total Utah gross receipts from sales of property or services; or (b)  $10,000. See Utah Code 10-1-303 Delivered value: means the fair market value of the taxable energy delivered for sale or use in the municipality and includes: (i)  the value of the energy itself; and (ii)  any transportation, freight, customer demand charges, services charges, or other costs typically incurred in providing taxable energy in usable form to each class of customer in the municipality. See Utah Code 10-1-303 Devise: To gift property by will. Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC End user: means the person who uses a telecommunications service. See Utah Code 10-1-402 Energy supplier: means a person supplying taxable energy, except that the commission may by rule exclude from this definition a person supplying a de minimis amount of taxable energy. See Utah Code 10-1-303 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. Expansion area: means the unincorporated area that is identified in an annexation policy plan under Section 10-2-401. See Utah Code 10-2-401 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. Feasibility consultant: means a person or firm with expertise in the processes and economics of local government. See Utah Code 10-2-401 Fiduciary: A trustee, executor, or administrator. 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. 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 Franchise agreement: means a franchise or an ordinance, contract, or agreement granting a franchise. See Utah Code 10-1-303 Franchise tax: means : (a)  a franchise tax; (b)  a tax similar to a franchise tax; or (c)  any combination of Subsections (7)(a) and (b). See Utah Code 10-1-303 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governing body: means collectively the legislative body and the executive of any municipality. See Utah Code 10-1-104 Governmental entity: means the state, a county, a municipality, a special district, a special service district, a school district, a state institution of higher education, or any other political subdivision or administrative unit of the state. See Utah Code 11-13a-102 Governmental nonprofit corporation: means : (i)  a nonprofit corporation that is wholly owned or wholly controlled by one or more governmental entities, unless the nonprofit corporation receives no operating funding or other financial support from any governmental entity; or (ii)  a nonprofit corporation in which one or more governmental entities exercise a controlling interest and: (A)  that exercises taxing authority; (B)  that imposes a mandatory fee for association or participation with the nonprofit corporation where that association or participation is mandated by law; or (C)  that receives a majority of the nonprofit corporation's operating funding from one or more governmental entities under the nonprofit corporation's governing documents, except where voluntary membership fees, dues, or assessments compose the operating funding. See Utah Code 11-13a-102 Gross receipts from telecommunications service: includes a charge necessary to complete a sale of a telecommunications service. See Utah Code 10-1-402 hazardous materials: means the same as that term is defined in Section 19-6-902. See Utah Code 10-11-1 Highway: includes :Utah Code 68-3-12.5 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 Legislative body: means the legislative body of the municipality. See Utah Code 10-15-3 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. Mall intersection: means any intersection of a street constituting a part of a pedestrian mall with any street which intersection is itself part of a pedestrian mall. See Utah Code 10-15-3 Mining protection area: means the same as that term is defined in Section 17-41-101. See Utah Code 10-2-401 Mobile telecommunications service: is a s defined in the Mobile Telecommunications Sourcing Act, 4 U. See Utah Code 10-1-402 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Municipal: means of or relating to a municipality. See Utah Code 10-1-104 Municipal selection committee: means a committee in each county composed of the mayor of each municipality within that county. See Utah Code 10-2-401 Municipality: means a city, town, or metro township. See Utah Code 10-1-303 Municipality: includes every city or town within this state. See Utah Code 10-15-3 Municipality: means a city, town, or metro township. See Utah Code 10-1-402 Municipality: means a city, town, or metro township. See Utah Code 11-13a-102 Municipality: means : (a)  a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class; (b)  a town, as classified in Section 10-2-301; or (c)  a metro township as that term is defined in Section 10-2a-403 unless the term is used in the context of authorizing, governing, or otherwise regulating the provision of municipal services. See Utah Code 10-1-104 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. Pedestrian mall: means one or more streets or portions thereof, on which vehicular traffic is, or is to be, restricted in whole or in part and which is, or is to be, used exclusively or primarily for pedestrian travel. See Utah Code 10-15-3 Peninsula: when used to describe an unincorporated area, means an area surrounded on more than 1/2 of its boundary distance, but not completely, by incorporated territory and situated so that the length of a line drawn across the unincorporated area from an incorporated area to an incorporated area on the opposite side shall be less than 25% of the total aggregate boundaries of the unincorporated area. See Utah Code 10-1-104 Person: is a s defined in Section 59-12-102. See Utah Code 10-1-303 Person: means :Utah Code 68-3-12.5 Person: means an individual, corporation, partnership, organization, association, trust, governmental agency, or any other legal entity. See Utah Code 10-1-104 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. petitioner: means : (a)  one or more persons who: (i)  own title to real property within the area proposed for disconnection; and (ii)  sign a request for disconnection proposing to disconnect the area proposed for disconnection from the municipality; or (b)  the mayor of the municipality within which the area proposed for disconnection is located who signs a request for disconnection proposing to disconnect the area proposed for disconnection from the municipality. See Utah Code 10-2-501 Planning advisory area: means the same as that term is defined in Section 17-27a-306. See Utah Code 10-2-401 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 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. 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. Reposited materials: means materials of historical, artistic, literary, or scientific value that are deposited in a collecting institution. See Utah Code 9-8-802 Road: includes :Utah Code 68-3-12.5 Rural real property: includes any portion of private real property, if the private real property: (A)  qualifies as rural real property under Subsection (1)(j)(i); and (B)  consists of more than 1,500 total acres. See Utah Code 10-2-401 service address: means : (a)  if the location described in this Subsection (8)(a) is known, the location of the telecommunications equipment: (i)  to which a call is charged; and (ii)  from which the call originates or terminates; (b)  if the location described in Subsection (8)(a) is not known but the location described in this Subsection (8)(b) is known, the location of the origination point of the signal of the telecommunications service first identified by: (i)  the telecommunications system of the telecommunications provider; or (ii)  if the system used to transport the signal is not a system of the telecommunications provider, information received by the telecommunications provider from its service provider; or (c)  if the locations described in Subsection (8)(a) or (b) are not known, the location of a customer's place of primary use. See Utah Code 10-1-402 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Society: means the Utah State Historical Society created in Section 9-8-207. See Utah Code 9-8-102 Specified county: means a county of the second, third, fourth, fifth, or sixth class. See Utah Code 10-2-401 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 Street: means any public road, street, highway, alley, lane, court, way, or place of any nature open to the use of the public, excluding state highways. See Utah Code 10-15-3 Taxable energy: means gas and electricity. See Utah Code 10-1-303 telecommunications provider: means a person that: (i)  owns, controls, operates, or manages a telecommunications service; or (ii)  engages in an activity described in Subsection (9)(a)(i) for the shared use with or resale to any person of the telecommunications service. See Utah Code 10-1-402 Telecommunications service: means : (a)  telecommunications service, as defined in Section 59-12-102, other than mobile telecommunications service, that originates and terminates within the boundaries of this state; (b)  mobile telecommunications service, as defined in Section 59-12-102: (i)  that originates and terminates within the boundaries of one state; and (ii)  only to the extent permitted by the Mobile Telecommunications Sourcing Act, 4 U. See Utah Code 10-1-402 telecommunications tax or fee: means any of the following imposed by a municipality on a telecommunications provider: (i)  a tax; (ii)  a license; (iii)  a fee; (iv)  a license fee; (v)  a license tax; (vi)  a franchise fee; or (vii)  a charge similar to a tax, license, or fee described in Subsections (11)(a)(i) through (vi). See Utah Code 10-1-402 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Town: means a municipality classified by population as a town under Section 10-2-301. See Utah Code 10-1-104 Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC Trustee: A person or institution holding and administering property in trust. Unincorporated: means not within a municipality. See Utah Code 10-1-104 Unincorporated peninsula: means an unincorporated area: (i)  that is part of a larger unincorporated area; (ii)  that extends from the rest of the unincorporated area of which it is a part; (iii)  that is surrounded by land that is within a municipality, except where the area connects to and extends from the rest of the unincorporated area of which it is a part; and (iv)  whose width, at any point where a straight line may be drawn from a place where it borders a municipality to another place where it borders a municipality, is no more than 25% of the boundary of the area where it borders a municipality. See Utah Code 10-2-401 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Urban development: means : (i)  a housing development with more than 15 residential units and an average density greater than one residential unit per acre; or (ii)  a commercial or industrial development for which cost projections exceed $750,000 for all phases. See Utah Code 10-2-401 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 Writing: includes :Utah Code 68-3-12.5