73-10d-3 - Definitions.
73-10d-3. Definitions.
As used in this chapter:
(1) "Agreement" means a short-term agreement or a long-term agreement.
(2) "Bonds" means obligations issued by a municipality or a county under Title 11,Chapter 17, the Utah Industrial Facilities and Development Act, and the provisions of thischapter.
(3) "Cost" means, with respect to any privatization project or facility related thereto,without limitation:
(a) all costs of designing, planning, acquiring, constructing, reconstructing, modifying,improving, maintaining, equipping, extending, furnishing, and placing in service any privatizationproject, including architectural, planning, engineering, legal, and fiscal advisors' fees or costs, andany costs incident to the acquisition of any necessary property, easement, or right-of-way;
(b) any costs incurred for preliminary planning to determine the economic or engineeringfeasibility of a proposed privatization project, including, without limitation, costs of economicinvestigations and studies, surveys, preparation of designs, plans, working drawings,specifications, and inspection and supervision of the construction of any facility;
(c) all costs incident to the purchase, installation, or financing of equipment, machinery,and other personal property required by a privatization project;
(d) all costs incident to the authorization and issuance of bonds, including accountants'fees, attorneys' fees, financial advisors' fees, underwriting fees, including bond discount, and otherprofessional services and printing costs;
(e) all costs incident to the establishment and funding of appropriate reserve funds; and
(f) interest estimated to accrue on any bonds issued to finance a privatization project for areasonable period of time prior to construction, during construction, and for a reasonable periodof time after construction.
(4) "Drinking water project" means any work or facility necessary or desirable to providewater for human consumption and other domestic uses which has at least 15 service connectionsor serves an average of 25 individuals daily for at least 60 days of the year and includescollection, treatment, storage, and distribution facilities under the control of the privateowner/operator and used primarily with the work or facility, and collection, pretreatment, orstorage facilities used primarily in connection with the work or facility but not under the controlof the private owner/operator, and any related structures and facilities.
(5) "Facility" means any structure, building, machinery, system, land, water right, orother property necessary or desirable to provide the services contemplated by a privatizationproject, including, without limitation, all related and appurtenant easements and rights-of-way,improvements, utilities, landscaping, sidewalks, roads, curbs and gutters, and equipment andfurnishings.
(6) "Governing authority" means the persons, board, body, or entity in which thelegislative powers of a political subdivision are vested.
(7) "Governing body" means the body in which the general legislative powers of amunicipality or county are vested.
(8) "Long-term agreement" means an agreement or contract having a term of more thanfive years and less than 50 years.
(9) "Municipality" means any incorporated city or town in the state, including cities ortowns operating under home rule charters.
(10) "Political subdivision" means the state or any municipality, county improvementdistrict, water conservancy district, special service district, drainage district, metropolitan waterdistrict, irrigation district, separate legal or administrative entity created under the InterlocalCooperation Act, or any other entity constituting a political subdivision under the laws of thestate.
(11) "Private owner/operator" means a person that is not a political subdivision and whichowns and operates a privatization project.
(12) "Privatization project" means all or part of any drinking water, water, or wastewaterproject which is owned or operated by a private owner/operator, and provides the related servicesto political subdivisions.
(13) "Short-term agreement" means any contract or agreement having a term of five yearsor less.
(14) "Supervising agency" means the Water Development Coordinating Council createdin Section 73-10c-3.
(15) "Wastewater project" means any sewer, sewage system, sewage treatment facility,lagoon, sewage collection facility and system and related pipelines, and all similar systems,works, and facilities necessary or desirable to collect, hold, cleanse, or purify any sewage or otherpolluted waters of this state, and related structures and facilities.
(16) "Water project" means any work or facility necessary or desirable to conserve,develop, protect, or treat the waters of this state including, without limitation, any reservoir,diversion dam, electrical generation system, irrigation dam and system, culinary water system,water work, water treatment facility, canal, ditch, artesian well, aqueduct, pipeline, conduit,drain, tunnel, and related structures and facilities.
(17) "Waters of this state" means any stream, lake, pond, marsh, watercourse, waterway,well, spring, irrigation system, drainage system, or other body or accumulation of water, whethersurface, underground, natural, artificial, public or private, or other water resource of the state,which is contained within or flows in or through the state.
Amended by Chapter 93, 1990 General Session