§ 10-18-204. Vote permissible -- Referendum.

(1)

(a) A legislative body by a majority vote may call an election on whether or not the municipality shall provide the proposed:

(i) cable television services; or

(ii) public telecommunications services.

(b) If under Subsection (1)(a) the legislative body calls an election, the election shall be held:

(i)

(A) at the next municipal general election; or

(B) as provided in Subsection 20A-1-203(1), at a local special election the purpose of which is authorized by this section; and

(ii) in accordance with Title 20A, Election Code, except as provided in this section.

(c) The notice of the election shall include with any other information required by law:

(i) a summary of the cable television services or public telecommunications services that the legislative body of the municipality proposes to provide to subscribers residing within the boundaries of the municipality;

(ii) the feasibility study summary under Section 10-18-203;

(iii) a statement that a full copy of the feasibility study is available for inspection and copying; and

(iv) the location in the municipality where the feasibility study may be inspected or copied.

(d) The ballot at the election shall pose the question substantially as follows: Shall the [name of the municipality] provide [cable television service or public telecommunications service] to the inhabitants of the [municipality].

(e) The ballot proposition may not take effect until submitted to the electors and approved by the majority of those voting on the ballot.

(2) In accordance with Title 20A, Chapter 7, Issues Submitted to the Voters, a municipality legislative body's action to have the municipality provide cable television services or public telecommunications services is subject to local referenda.

Enacted by Chapter 83, 2001 General Session