LegalFix

Section 602 - Definitions.

UT Code § 11-13-602 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) "Asset" means funds, money, an account, real or personal property, or personnel.

(2) (a) "Associated entity" means a taxed interlocal entity that adopts a segment's organizing resolution. (b) "Associated entity" does not include any other segment.

(a) "Associated entity" means a taxed interlocal entity that adopts a segment's organizing resolution.

(b) "Associated entity" does not include any other segment.

(3) "Fiduciary duty" means a duty expressly designated as a fiduciary duty of: (a) a director or an officer of a taxed interlocal entity in: (i) the organization agreement of the taxed interlocal entity; or (ii) an agreement executed by the director or the officer and the taxed interlocal entity; or (b) a director or an officer of a segment in: (i) the organizing resolution of the segment; or (ii) an agreement executed by the director or the officer and the segment.

(a) a director or an officer of a taxed interlocal entity in: (i) the organization agreement of the taxed interlocal entity; or (ii) an agreement executed by the director or the officer and the taxed interlocal entity; or

(i) the organization agreement of the taxed interlocal entity; or

(ii) an agreement executed by the director or the officer and the taxed interlocal entity; or

(b) a director or an officer of a segment in: (i) the organizing resolution of the segment; or (ii) an agreement executed by the director or the officer and the segment.

(i) the organizing resolution of the segment; or

(ii) an agreement executed by the director or the officer and the segment.

(4) "Governing body" means the body established in an organizing resolution to govern a segment.

(5) "Governmental law" means: (a)Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act; (b)Title 63A, Chapter 3, Division of Finance; (c)Title 63G, Chapter 6a, Utah Procurement Code; (d) a law imposing an obligation on a taxed interlocal entity similar to an obligation imposed by a law described in Subsection (5)(a), (b), or (c); (e) an amendment to or replacement or renumbering of a law described in Subsection (5)(a), (b), (c), or (d); or (f) a law superseding a law described in Subsection (5)(a), (b), (c), or (d).

(a)Title 51, Chapter 2a, Accounting Reports from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act;

(b)Title 63A, Chapter 3, Division of Finance;

(c)Title 63G, Chapter 6a, Utah Procurement Code;

(d) a law imposing an obligation on a taxed interlocal entity similar to an obligation imposed by a law described in Subsection (5)(a), (b), or (c);

(e) an amendment to or replacement or renumbering of a law described in Subsection (5)(a), (b), (c), or (d); or

(f) a law superseding a law described in Subsection (5)(a), (b), (c), or (d).

(6) "Indexed office" means the address identified under Subsection 63G-7-401(5)(a)(i) by a segment's associated entity in the associated entity's statement described in Subsection 63G-7-401(5).

(7) "Organization agreement" means an agreement, as amended, that creates a taxed interlocal entity.

(8) "Organizing resolution" means a resolution described in Subsection 11-13-604(1) that creates a segment.

(9) "Principal county" means the county in which the indexed office of a segment's associated entity is located.

(10) "Project" means: (a) the same as that term is defined in Section 11-13-103; or (b) facilities, improvements, or contracts undertaken by a taxed interlocal entity in accordance with Subsection 11-13-204(2).

(a) the same as that term is defined in Section 11-13-103; or

(b) facilities, improvements, or contracts undertaken by a taxed interlocal entity in accordance with Subsection 11-13-204(2).

(11) "Public asset" means: (a) an asset used by a public entity; (b) tax revenue; (c) state funds; or (d) public funds.

(a) an asset used by a public entity;

(b) tax revenue;

(c) state funds; or

(d) public funds.

(12) "Segment" means a segment created in accordance with Section 11-13-604.

(13) "Taxed interlocal entity" means: (a) a project entity that: (i) is not exempt from a tax or fee in lieu of taxes imposed in accordance with Part 3, Project Entity Provisions; (ii) does not receive a payment of funds from a federal agency or office, state agency or office, political subdivision, or other public agency or office other than a payment that does not materially exceed the greater of the fair market value and the cost of a service provided or property conveyed by the project entity; and (iii) does not receive, expend, or have the authority to compel payment from tax revenue; or (b) an interlocal entity that: (i) was created before 1981 for the purpose of providing power supply at wholesale to its members; (ii) does not receive a payment of funds from a federal agency or office, state agency or office, political subdivision, or other public agency or office other than a payment that does not materially exceed the greater of the fair market value and the cost of a service provided or property conveyed by the interlocal entity; and (iii) does not receive, expend, or have the authority to compel payment from tax revenue.

(a) a project entity that: (i) is not exempt from a tax or fee in lieu of taxes imposed in accordance with Part 3, Project Entity Provisions; (ii) does not receive a payment of funds from a federal agency or office, state agency or office, political subdivision, or other public agency or office other than a payment that does not materially exceed the greater of the fair market value and the cost of a service provided or property conveyed by the project entity; and (iii) does not receive, expend, or have the authority to compel payment from tax revenue; or

(i) is not exempt from a tax or fee in lieu of taxes imposed in accordance with Part 3, Project Entity Provisions;

(ii) does not receive a payment of funds from a federal agency or office, state agency or office, political subdivision, or other public agency or office other than a payment that does not materially exceed the greater of the fair market value and the cost of a service provided or property conveyed by the project entity; and

(iii) does not receive, expend, or have the authority to compel payment from tax revenue; or

(b) an interlocal entity that: (i) was created before 1981 for the purpose of providing power supply at wholesale to its members; (ii) does not receive a payment of funds from a federal agency or office, state agency or office, political subdivision, or other public agency or office other than a payment that does not materially exceed the greater of the fair market value and the cost of a service provided or property conveyed by the interlocal entity; and (iii) does not receive, expend, or have the authority to compel payment from tax revenue.

(i) was created before 1981 for the purpose of providing power supply at wholesale to its members;

(ii) does not receive a payment of funds from a federal agency or office, state agency or office, political subdivision, or other public agency or office other than a payment that does not materially exceed the greater of the fair market value and the cost of a service provided or property conveyed by the interlocal entity; and

(iii) does not receive, expend, or have the authority to compel payment from tax revenue.

(14) (a) "Use" means to use, own, manage, hold, keep safe, maintain, invest, deposit, administer, receive, expend, appropriate, disburse, or have custody. (b) "Use" includes, when constituting a noun, the corresponding nominal form of each term in Subsection (13)(a), individually.

(a) "Use" means to use, own, manage, hold, keep safe, maintain, invest, deposit, administer, receive, expend, appropriate, disburse, or have custody.

(b) "Use" includes, when constituting a noun, the corresponding nominal form of each term in Subsection (13)(a), individually.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 602 - Definitions.