Before a municipality may engage or offer to engage in an activity described in Subsection 10-18-201(1), the legislative body of the municipality shall:

(1) hold a preliminary public hearing;

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Terms Used In Utah Code 10-18-202

  • Feasibility consultant: means an individual or entity with expertise in the processes and economics of providing:
         (5)(a) cable television service; and
         (5)(b) public telecommunications service. See Utah Code 10-18-102
  • Municipality: means :
         (5)(a) a city of the first class, city of the second class, city of the third class, city of the fourth class, city of the fifth class;
         (5)(b) a town, as classified in Section 10-2-301; or
         (5)(c) a preliminary municipality incorporated under Chapter 2a, Part 5, Incorporation of a Preliminary Municipality. See Utah Code 10-1-104
(2) if the legislative body elects to proceed after holding the preliminary public hearing required by Subsection (1), approve the hiring of a feasibility consultant to conduct a feasibility study in accordance with Section 10-18-203;
(3) determine whether under the feasibility study conducted under Section 10-18-203, the average annual revenues under Subsection 10-18-203(2)(f) exceed the average annual costs under Subsection 10-18-203(2)(e) by at least the amount necessary to meet the bond obligations of any bonds issued to fund the proposed cable television services or public telecommunications services:

     (3)(a) based on the feasibility study’s analysis:

          (3)(a)(i) for the first year of the study; and
          (3)(a)(ii) the five-year projection; and
     (3)(b) separately stated with respect to:

          (3)(b)(i) the proposed cable television services; or
          (3)(b)(ii) the proposed public telecommunications services;
(4) if the conditions of Subsection (3) are met, hold the public hearings required by Section 10-18-203; and
(5) after holding the public hearings required by Section 10-18-203, if the legislative body of the municipality elects to proceed, adopt by resolution the feasibility study.