Utah Code 10-18-204. Vote permissible — Referendum
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Terms Used In Utah Code 10-18-204
- Municipal: means of or relating to a municipality. See Utah Code 10-1-104
- 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- Public telecommunications service: means the two-way transmission of signs, signals, writing, images, sounds, messages, data, or other information of any nature by wire, radio, lightwaves, or other electromagnetic means offered to the public generally. See Utah Code 10-18-102
- Public telecommunications service facilities: means a facility described in Subsection 10-18-105(2). See Utah Code 10-18-102
- Subscribers: means a person that lawfully receives:
(11)(a) cable television services; or(11)(b) public telecommunications services. See Utah Code 10-18-102(1)(a)(1)(a)(i) A legislative body of a municipality may, by a majority vote, call an election on whether the municipality shall provide proposed:(1)(a)(i)(A) cable television services; or(1)(a)(i)(B) public telecommunications services.(1)(a)(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.(1)(b) If under Subsection (1)(a) the legislative body calls an election, the election shall be held:(1)(b)(i)(1)(b)(i)(A) at the next municipal general election; or(1)(b)(i)(B) as provided in Subsection 20A-1-203(1), at a local special election the purpose of which is authorized by this section; and(1)(b)(ii) in accordance with Title 20A, Election Code, except as provided in this section.(1)(c)(1)(c)(i) The notice of the election called under Subsection (1)(a)(i) shall include with any other information required by law:(1)(c)(i)(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;(1)(c)(i)(B) the feasibility study summary under Section 10-18-203;(1)(c)(i)(C) a statement that a full copy of the feasibility study is available for inspection and copying; and(1)(c)(i)(D) the location in the municipality where the feasibility study may be inspected or copied.(1)(c)(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.(1)(d)(1)(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]?”
(1)(d)(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]?”
(1)(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)(3)(a) The results of an election called under Subsection (1)(a)(ii) are not binding and do not:(3)(a)(i) require the municipality that called the election to take, or refrain from taking, any action; or(3)(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.