LegalFix

Section 204 - Vote permissible -- Referendum.

UT Code § 10-18-204 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) (a) (i) A legislative body of a municipality may, by a majority vote, call an election on whether the municipality shall provide proposed: (A) cable television services; or (B) public telecommunications services. (ii) A municipal legislative body that, before July 1, 2016, approves the provision of public telecommunications service facilities may, by a majority vote, call an election on whether the municipality shall provide proposed public telecommunications service facilities. (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) (i) The notice of the election called under Subsection (1)(a)(i) shall include with any other information required by law: (A) 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; (B) the feasibility study summary under Section 10-18-203; (C) a statement that a full copy of the feasibility study is available for inspection and copying; and (D) the location in the municipality where the feasibility study may be inspected or copied. (ii) The notice of an election called under Subsection (1)(a)(ii) shall include a summary prepared by the municipality describing the proposed public communications service facilities. (d) (i) For an election called under Subsection (1)(a)(i), the ballot for 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]?" (ii) For an election called under Subsection (1)(a)(ii), the ballot for the election shall pose the question substantially as follows: "Shall the [name of the municipality] provide public telecommunications service facilities within [name of the municipality] by [brief description of the method or means and financing terms, including total principal and interest costs, by which the public communications service facilities will be provided]?" (e) The ballot proposition may not take effect until submitted to the electors and approved by the majority of those voting on the ballot.

(a) (i) A legislative body of a municipality may, by a majority vote, call an election on whether the municipality shall provide proposed: (A) cable television services; or (B) public telecommunications services. (ii) A municipal legislative body that, before July 1, 2016, approves the provision of public telecommunications service facilities may, by a majority vote, call an election on whether the municipality shall provide proposed public telecommunications service facilities.

(i) A legislative body of a municipality may, by a majority vote, call an election on whether the municipality shall provide proposed: (A) cable television services; or (B) public telecommunications services.

(A) cable television services; or

(B) public telecommunications services.

(ii) A municipal legislative body that, before July 1, 2016, approves the provision of public telecommunications service facilities may, by a majority vote, call an election on whether the municipality shall provide proposed public telecommunications service facilities.

(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.

(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

(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) (i) The notice of the election called under Subsection (1)(a)(i) shall include with any other information required by law: (A) 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; (B) the feasibility study summary under Section 10-18-203; (C) a statement that a full copy of the feasibility study is available for inspection and copying; and (D) the location in the municipality where the feasibility study may be inspected or copied. (ii) The notice of an election called under Subsection (1)(a)(ii) shall include a summary prepared by the municipality describing the proposed public communications service facilities.

(i) The notice of the election called under Subsection (1)(a)(i) shall include with any other information required by law: (A) 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; (B) the feasibility study summary under Section 10-18-203; (C) a statement that a full copy of the feasibility study is available for inspection and copying; and (D) the location in the municipality where the feasibility study may be inspected or copied.

(A) 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;

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

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

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

(ii) The notice of an election called under Subsection (1)(a)(ii) shall include a summary prepared by the municipality describing the proposed public communications service facilities.

(d) (i) For an election called under Subsection (1)(a)(i), the ballot for 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]?" (ii) For an election called under Subsection (1)(a)(ii), the ballot for the election shall pose the question substantially as follows: "Shall the [name of the municipality] provide public telecommunications service facilities within [name of the municipality] by [brief description of the method or means and financing terms, including total principal and interest costs, by which the public communications service facilities will be provided]?"

(i) For an election called under Subsection (1)(a)(i), the ballot for 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]?"

(ii) For an election called under Subsection (1)(a)(ii), the ballot for the election shall pose the question substantially as follows: "Shall the [name of the municipality] provide public telecommunications service facilities within [name of the municipality] by [brief description of the method or means and financing terms, including total principal and interest costs, by which the public communications service facilities will be provided]?"

(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 municipal legislative body's action to have the municipality over which the legislative body presides provide cable television services or public telecommunications services is subject to local referenda.

(3) (a) The results of an election called under Subsection (1)(a)(ii) are not binding and do not: (i) require the municipality that called the election to take, or refrain from taking, any action; or (ii) limit the municipality that called the election from taking any action authorized under Section 10-8-14 or 10-18-105. (b) An election called under Subsection (1)(a)(ii) does not exempt a municipality from the applicable requirements of this Title 10, Chapter 18, Municipal Cable Television and Public Telecommunications Services Act.

(a) The results of an election called under Subsection (1)(a)(ii) are not binding and do not: (i) require the municipality that called the election to take, or refrain from taking, any action; or (ii) limit the municipality that called the election from taking any action authorized under Section 10-8-14 or 10-18-105.

(i) require the municipality that called the election to take, or refrain from taking, any action; or

(ii) limit the municipality that called the election from taking any action authorized under Section 10-8-14 or 10-18-105.

(b) An election called under Subsection (1)(a)(ii) does not exempt a municipality from the applicable requirements of this Title 10, Chapter 18, Municipal Cable Television and Public Telecommunications Services Act.

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 204 - Vote permissible -- Referendum.