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1-3-2: DEFINITIONS 1 :
Unless the context requires otherwise, as used in this code, the following words have the following definitions:
ADVICE AND CONSENT:
A duty of the city council, pursuant to subsection 1-6-5A3, is to vote on each of the mayor's appointments, made pursuant to subsection 1-7-4D; each vote may either approve or disapprove of a given appointment.
ASSISTANT CHIEF ADMINISTRATIVE OFFICER:
An assistant city administrator.
BRIBE:
Any money, goods, rights in action, property, thing of value, or advantage, present or prospective, or any promise or undertaking to give any, asked, given, or accepted, with a corrupt intent to influence unlawfully the person to whom it is given in his action, vote, or opinion in any public or official capacity.
CHIEF ADMINISTRATIVE OFFICER:
The city administrator (see subsection 1-8-8A).
CHIEF EXECUTIVE OFFICER:
The mayor.
CITY:
The municipal corporation and political subdivision of the state of Utah known as the City of West Jordan.
CITY ADMINISTRATION:
The mayor and city administrator and the authorized officers and assistants acting on their behalf.
CITY COUNCIL, COUNCIL:
The city council of the city pursuant to the council-mayor form of municipal government, but not the mayor.
CITY COUNCIL CHAIR, COUNCIL CHAIR:
This is the council member elected or appointed by a majority of the city council to chair city council meetings (or another council member elected or appointed by a majority of the city council to temporarily act in the council chair’s place). See sections 1-6-9 and 1-6-10.
CODE:
The West Jordan City Code comprised of titles, containing ordinances and amendments as enacted by the City Council.
COMPENSATED EMPLOYMENT (WITH THE CITY):
Full-time or part-time employee of the city who receives a regular paycheck; does not include occasional business exchanges with the city.
CORRUPTLY:
A wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person.
COUNCIL-MAYOR FORM OF MUNICIPAL GOVERNMENT:
The form of city or municipal government authorized by Utah Code Ann. sections 10-3b-201 through 10-3b-205 inclusive, as amended, and successor provisions, said form of government having two separate, independent, and equal branches (legislative and executive), and a separate and judicially independent department comprised of justice court judges and staff as set forth in chapter 10 of this title.
COUNTY:
The political subdivision of the state of Utah known as Salt Lake County.
DEPARTMENT:
Community development, fire, police, public works, public utilities, public services, administrative services and legal departments, as well as any special department of the executive branch identified in the organizational chart of the annual budget as amended by ordinance, during the budget year. “Department” does not include the mayor’s office or the justice court department, unless the context clearly indicates otherwise.
DEPARTMENT HEADS:
The community development director, fire chief, police chief, public works director, public utilities director, public services director, administrative services director, city attorney and the head of any special department identified in the organizational chart of the annual budget.
DIVISION:
Each department may be divided into two or more divisions. Each division may be one or more individuals and may be called a unit, division, section, group, or another name.
FISCAL YEAR:
The period between July 1 and June 30 of any City budget year, apparent from the context of the ordinance language.
HIGHWAY, ROAD:
Means and includes public bridges, and may be held equivalent to the words "county way", "county road", "common road", "public right-of-way", "public easement", "state road", and "state highway".
INDEPENDENT DIVISION:
A division: (a) which is not part of the mayor’s office or of any department; and (b) whose leader reports directly to the city administrator or an assistant city administrator and performs one or more special functions.
KNOWINGLY:
Imports only a knowledge that the facts exist which brings the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of such act or omission.
LAND, REAL ESTATE, REAL PROPERTY:
Means and includes land, tenements, hereditaments, water rights, possessory rights and claims.
LAW:
Any formal rule of expected standards of conduct or procedure, enacted by a properly constituted administrative agency or executive, legislative body, or judicial tribunal, including, but not limited to, this code and the Utah Code.
MAJORITY VOTE (OF THE CITY COUNCIL):
As indicated in subsection 1-6-5B, and unless otherwise required or allowed by law, this means a minimum of four (4) "yes" votes.
MALICE, MALICIOUSLY:
The intentional doing of a wrongful act without just cause or excuse, with an intent to inflict an injury or under circumstances that the law will imply an evil intent; established either by proof or by presumption of law.
MAYOR:
This is the duly elected or appointed mayor of the city pursuant to the council-mayor form of municipal government.
MAYOR'S OFFICE:
Defined in section 1-7-9 and in subsection 1-8-8A.
MONTH:
A calendar month, unless otherwise expressed.
NEGLECT, NEGLIGENCE, NEGLIGENT, NEGLIGENTLY:
A want of such attention to the nature or probable consequences of the act of omission as a prudent person ordinarily bestows in acting in their own concern.
OATH:
Means and includes "affirmation", and the word "swear" includes the word "affirm". Every mode of oral statement under oath or affirmation is embraced in the term "testify" and every written one in the term "dispose".
OFFICER:
Elected officials of the city, sworn officers and department heads, together with statutory officers and positions designated in state law as city officers.
OR, AND:
The term "or" may be read as a conjunctive "and", and the term "and" may be read as a disjunctive "or", if the sense requires it.
OWNER:
When applied to a building or land, means and includes any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land.
PERSON:
Includes individuals, bodies politic and corporate, companies, partnerships, associations, and other informal entities.
PERSONAL PROPERTY:
Every description of money, goods, chattels, effects, evidences of rights in action, and all written instruments by which any pecuniary obligation, rights or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished, and every right or interest therein.
PROPERTY:
Real and personal property.
S/HE:
Is intended to express gender neutrality and refers to male or female, both in a plural and singular form.
SIGNATURE:
Any name, mark or sign written with the intent to authenticate any instrument or writing.
SPECIAL DEPARTMENT:
A department of the executive branch which is not specifically identified in the city code but is identified in the organizational chart of the annual budget, as amended by ordinance, during the budget year.
STATE:
The State of Utah.
STATUTORY OFFICERS:
The city administrator, city attorney, city recorder, city treasurer, and city engineer.
STREET:
Alleys, roads, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.
TENANT, OCCUPANT:
When applied to a building or land, means and includes any person who occupies the whole or any part of such building or land either alone or with others.
TIME; HOW COMPUTED:
The time in which any act provided by this code is to be done is computed by excluding the first day and including the last, unless the last is a holiday, and then it also is excluded.
UTAH CODE, UCA:
The Utah Code Annotated, as amended.
WILLFULLY:
When applied to the intent with which an act is done or omitted, means and implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate law, or to injure another, or to require any advantage.
WRITING:
Communication in printed, handwritten, digital, or other permanent format.
YEAR:
A calendar year commencing January 1 and ending the last day of December apparent from the context of the ordinance language; does not include a city “fiscal year”, as defined in this section. (2001 Code § 1-1-102; amd. 2009 Code; Ord. 19-02, 01-23-2019; Ord. 19-14, 03-27-2019; Ord. 19-32, 10-23-2019, Effective at 12 noon on January 6, 2020; Ord. 21-04, 2-10-2021; Ord. 23-13, 3-8-2023)
 

 

Notes

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1. UCA §§ 68-3-7, 68-3-12(2).