2006 Utah Code - 17A-3-203 — Definitions.

     17A-3-203.   Definitions.
     As used in this part:
     (1) "Assessment" means a special tax levied against property within a special improvement district to pay all or a portion of the costs of making improvements in the district. All references to "assessment" or "assessments" in Subsection 17A-3-221 (3) and in Sections 17A-3-225, 17A-3-226, 17A-3-230, 17A-3-231, and 17A-3-236 shall be deemed to include any reduced payment obligations.
     (2) "Bonds" or "special improvement bonds" mean bonds issued under this part payable from assessments and out of the special improvement guaranty fund, or reserve fund, as applicable, established as provided in this part. All references to "bonds" or "special improvement bonds" in the following provisions are deemed to include any special improvement refunding bond:
     (a) Subsection 17A-3-204 (3);
     (b) Sections 17A-3-221, 17A-3-222, 17A-3-225, 17A-3-226, 17A-3-230, and 17A-3-231;
     (c) Section 17A-3-234, except the reference therein to "bond fund"; and
     (d) Sections 17A-3-235, 17A-3-237, and 17A-3-240.
     (3) "Chapter 2, Part 3 district" means a water and sewer improvement district created under Chapter 2, Part 3.
     (4) "Connection fee" means a fee charged by the governing body to connect onto the sewer, water, drainage, gas, or electrical system and used for purposes of financing special improvements in a special improvement district or paying for the privilege of using existing improvements of the governing entity and includes a fee charged by the governing entity to pay for the costs of connecting onto the sewer, water, drainage, gas, or electrical system even though the improvements are installed on the assessed owner's property.
     (5) "Contract price" means the amount payable to one or more contractors for the designing, engineering, inspection, and making of improvements in a special improvement district. The costs of improvements, other than designing and engineering costs, shall be incurred under contracts duly let to the lowest responsible bidder or bidders as required by this part, including amounts payable for extra or additional work when authorized by the governing body or in accordance with the terms of the contract less appropriate credit for work deleted from the contract when authorized by the governing body or in accordance with the contract.
     (6) "County" means any county in the state of Utah.
     (7) "Governing body" means the county legislative body of a county of this state or the board of trustees of a Chapter 2, Part 3 district.
     (8) "Governing entity" means a county or Chapter 2, Part 3 district.
     (9) "Improvement district," "special improvement district," or "district" means a district created for the purpose of making improvements under this part.
     (10) "Incidental refunding costs" means any costs of issuing special improvement refunding bonds and of calling, retiring, or paying prior bonds, including, without limitation, legal fees, accounting fees, charges of fiscal agents, escrow agents and trustees, underwriting discount, printing costs, giving of notices, any premium necessary in the calling or retiring of the prior bonds, and any other costs necessary or desirable in connection with the issuance of special improvement refunding bonds, as determined by the governing body, and any interest on the prior bonds which may be required to be paid in connection with the issuance of the special

improvement refunding bonds.
     (11) "Optional improvements" mean improvements in a special improvement district which may be conveniently installed at the same time as other improvements in the district and which the governing body may provide to be installed at the option and at the sole cost of the property owner on whose property or for whose particular benefit the improvements are made, including, but not limited to, private driveways, irrigation ditches, and water turnouts.
     (12) "Overhead costs" mean the actual costs incurred by a governing entity in connection with a special improvement district for appraisals, legal fees, financial advisory charges, escrow and trustee fees, publishing and mailing notices, levying assessments, and all other incidental costs relating to the district and the issuance of its bonds or warrants.
     (13) "Prior bonds" means the outstanding special improvement bonds which are refunded by an issue of special improvement refunding bonds.
     (14) "Prior ordinance" means the ordinance levying the assessments from which the prior bonds and the interest thereon are payable.
     (15) "Project engineer" means the county surveyor, county engineer, or a private consulting engineer engaged by the governing entity to perform the necessary engineering services of the project and supervise the construction or installation of the project improvements.
     (16) "Property" means real property, including water rights, or any interest in real property.
     (17) "Property price" means the purchase or condemnation price of property acquired in order to make improvements in a special improvement district.
     (18) "Reduced payment obligations" means the reduced amounts of the assessments levied, or the interest thereon established, in the prior ordinance, or both, as set forth in the amending ordinance, described in Section 17A-3-227.
     (19) "Special improvement refunding bonds" means any obligations issued to refund any special improvement bonds and payable from assessments and interest thereon from which the prior bonds are payable, or from any reduced payment obligations and out of the Special Improvement Guaranty Fund as provided in this part.
     (20) "Unincorporated area of the county" means the area within the county which is not within the boundaries of a municipal corporation.

Amended by Chapter 227, 1993 General Session