United States — Utah Act or statute

United States — Utah legislation

Utah Code § 10-18-204

Vote permissible -- Referendum. A legislative body of a municipality may, by a majority vote, call an election on whether the municipality shall provide a proposed: broadband service; cable television service;…

ballot noticeballot propositionballot wordingbroadbandcable televisionfeasibility study disclosurelocal referendamunicipal electionsmunicipal service provisionmunicipal servicespublic telecommunicationsreferendumservice authorization

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“Vote permissible -- Referendum. A legislative body of a municipality may, by a majority vote, call an election on whether the municipality shall provide a proposed: broadband service; cable television service; or public telecommunications”

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Vote permissible -- Referendum.

Vote permissible -- Referendum. A legislative body of a municipality may, by a majority vote, call an election on whether the municipality shall provide a proposed: broadband service; cable television service; or public telecommunications

Section 10-18-204

Subsection 10-18-204(1)(c)

If the legislative body calls an election under Subsection (1)(a), the election must be held at the next municipal general election or, if allowed by Subsection 20A-1-203(1), at a local special election authorized by this section.

Section 10-18-204(1)(c)

Subsection 10-18-204(1)(e)(ii)

For an election called under Subsection (1)(b), the ballot for the election shall pose the question substantially as follows: "Shall the [name of the municipality] provide a communications service facility within [name of the municipality]

Section 10-18-204(1)(e)(ii)

Subsection 10-18-204(3)(b)

An election called under Subsection (1)(b) does not exempt a municipality from the chapter’s applicable requirements.

Section 10-18-204(3)(b)

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Showing 30 of 30 provisions

Provision 30

Part 10-18-2

part 10-18-2 Conditions for Providing Services

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

Vote permissible -- Referendum. A legislative body of a municipality may, by a majority vote, call an election on whether the municipality shall provide a proposed: broadband service; cable television service; or public telecommunications

Vote permissible -- Referendum. A legislative body of a municipality may, by a majority vote, call an election on whether the municipality shall provide a proposed: broadband service; cable television service; or public telecommunications service. 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. If under Subsection (1)(a) the legislative body calls an election, the election shall be held: at the next municipal general election; or as provided in Subsection 20A-1-203(1) , at a local special election the purpose of which is authorized by this section; and in accordance with Title 20A, Election Code , except as provided in this section. The notice of an election called under Subsection (1)(a) shall include with any other information required by law: a summary of the broadband service, cable television service, or public telecommunications service that the legislative body of the municipality proposes to provide to subscribers residing within the boundaries of the municipality; the feasibility study summary under Section 10-18-203 ; a statement that a full copy of the feasibility study is available for inspection and copying; the location in the municipality where the feasibility study may be inspected or copied; and a hyperlink on the municipality's website where the feasibility study may be accessed. The notice of an election called under Subsection (1)(b) shall include a summary prepared by the municipality describing the proposed communications service facility. For an election called under Subsection (1)(a), the ballot for the election shall pose the question substantially as follows: "Shall the [name of the municipality] provide [broadband service, cable television service, or public telecommunications service] to the inhabitants of the [municipality]?". For an election called under Subsection (1)(b), the ballot for the election shall pose the question substantially as follows: "Shall the [name of the municipality] provide a communications service facility 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 communications service facility will be provided]?". The ballot proposition may not take effect until submitted to the electors and approved by the majority of those voting on the ballot. 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 a broadband service, cable television service, or public telecommunications service is subject to local referenda. The results of an election called under Subsection (1)(b) are not binding and do not: require the municipality that called the election to take, or refrain from taking, any action; or limit the municipality that called the election from taking any action authorized under Section 10-8-14 or 10-18-105 . An election called under Subsection (1)(b) does not exempt a municipality from the applicable requirements of this chapter.
Section 10-18-204Verify source
§ 10-18-204(1)Subsection 10-18-204(1)Provision

A municipal legislative body may call an election, by majority vote, on whether the municipality should provide certain communications services; if it does, the ballot and notice must include specified information, and the proposition does not take effect unless approved by a majority of voters.

A legislative body of a municipality may, by a majority vote, call an election on whether the municipality shall provide a proposed: broadband service; cable television service; or public telecommunications service. 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. If under Subsection (1)(a) the legislative body calls an election, the election shall be held: at the next municipal general election; or as provided in Subsection 20A-1-203(1) , at a local special election the purpose of which is authorized by this section; and in accordance with Title 20A, Election Code , except as provided in this section. The notice of an election called under Subsection (1)(a) shall include with any other information required by law: a summary of the broadband service, cable television service, or public telecommunications service that the legislative body of the municipality proposes to provide to subscribers residing within the boundaries of the municipality; the feasibility study summary under Section 10-18-203 ; a statement that a full copy of the feasibility study is available for inspection and copying; the location in the municipality where the feasibility study may be inspected or copied; and a hyperlink on the municipality's website where the feasibility study may be accessed. The notice of an election called under Subsection (1)(b) shall include a summary prepared by the municipality describing the proposed communications service facility. For an election called under Subsection (1)(a), the ballot for the election shall pose the question substantially as follows: "Shall the [name of the municipality] provide [broadband service, cable television service, or public telecommunications service] to the inhabitants of the [municipality]?". For an election called under Subsection (1)(b), the ballot for the election shall pose the question substantially as follows: "Shall the [name of the municipality] provide a communications service facility 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 communications service facility will be provided]?". The ballot proposition may not take effect until submitted to the electors and approved by the majority of those voting on the ballot.
Section 10-18-204(1)Verify source
§ 10-18-204(1)(a)Subsection 10-18-204(1)(a)Provision

A municipality’s legislative body may, by majority vote, call an election on whether the municipality should provide a proposed broadband, cable television, or public telecommunications service.

A legislative body of a municipality may, by a majority vote, call an election on whether the municipality shall provide a proposed: broadband service; cable television service; or public telecommunications service.
Section 10-18-204(1)(a)Verify source
§ 10-18-204(1)(a)(i)Subsection 10-18-204(1)(a)(i)Provision

broadband service;

broadband service;
Section 10-18-204(1)(a)(i)Verify source
§ 10-18-204(1)(a)(ii)Subsection 10-18-204(1)(a)(ii)Provision

cable television service; or

cable television service; or
Section 10-18-204(1)(a)(ii)Verify source
§ 10-18-204(1)(a)(iii)Subsection 10-18-204(1)(a)(iii)Provision

public telecommunications service.

public telecommunications service.
Section 10-18-204(1)(a)(iii)Verify source
§ 10-18-204(1)(b)Subsection 10-18-204(1)(b)Provision

A municipal legislative body may call an election, by majority vote, if it approved public telecommunications service facilities before July 1, 2016.

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.
Section 10-18-204(1)(b)Verify source
§ 10-18-204(1)(c)Subsection 10-18-204(1)(c)Provision

If the legislative body calls an election under Subsection (1)(a), the election must be held at the next municipal general election or, if allowed by Subsection 20A-1-203(1), at a local special election authorized by this section.

If under Subsection (1)(a) the legislative body calls an election, the election shall be held: at the next municipal general election; or as provided in Subsection 20A-1-203(1) , at a local special election the purpose of which is authorized by this section; and in accordance with Title 20A, Election Code , except as provided in this section.
Section 10-18-204(1)(c)Verify source
§ 10-18-204(1)(c)(i)Subsection 10-18-204(1)(c)(i)Provision

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

at the next municipal general election; or as provided in Subsection 20A-1-203(1) , at a local special election the purpose of which is authorized by this section; and
Section 10-18-204(1)(c)(i)Verify source
§ 10-18-204(1)(c)(i)(A)Subsection 10-18-204(1)(c)(i)(A)Provision

at the next municipal general election; or

at the next municipal general election; or
Section 10-18-204(1)(c)(i)(A)Verify source
§ 10-18-204(1)(c)(i)(B)Subsection 10-18-204(1)(c)(i)(B)Provision

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

as provided in Subsection 20A-1-203(1) , at a local special election the purpose of which is authorized by this section; and
Section 10-18-204(1)(c)(i)(B)Verify source
§ 10-18-204(1)(c)(ii)Subsection 10-18-204(1)(c)(ii)Provision

This provision says the rule follows Title 20A, Election Code, except where this section provides otherwise.

in accordance with Title 20A, Election Code , except as provided in this section.
Section 10-18-204(1)(c)(ii)Verify source
§ 10-18-204(1)(d)Subsection 10-18-204(1)(d)Provision

Election notices under Subsection (1)(a) must include specified service and feasibility information; notices under Subsection (1)(b) must include a municipality-prepared summary of the proposed communications service facility.

The notice of an election called under Subsection (1)(a) shall include with any other information required by law: a summary of the broadband service, cable television service, or public telecommunications service that the legislative body of the municipality proposes to provide to subscribers residing within the boundaries of the municipality; the feasibility study summary under Section 10-18-203 ; a statement that a full copy of the feasibility study is available for inspection and copying; the location in the municipality where the feasibility study may be inspected or copied; and a hyperlink on the municipality's website where the feasibility study may be accessed. The notice of an election called under Subsection (1)(b) shall include a summary prepared by the municipality describing the proposed communications service facility.
Section 10-18-204(1)(d)Verify source
§ 10-18-204(1)(d)(i)Subsection 10-18-204(1)(d)(i)Provision

The election notice must include specified service, feasibility-study, inspection, location, and website-link information.

The notice of an election called under Subsection (1)(a) shall include with any other information required by law: a summary of the broadband service, cable television service, or public telecommunications service that the legislative body of the municipality proposes to provide to subscribers residing within the boundaries of the municipality; the feasibility study summary under Section 10-18-203 ; a statement that a full copy of the feasibility study is available for inspection and copying; the location in the municipality where the feasibility study may be inspected or copied; and a hyperlink on the municipality's website where the feasibility study may be accessed.
Section 10-18-204(1)(d)(i)Verify source
§ 10-18-204(1)(d)(i)(A)Subsection 10-18-204(1)(d)(i)(A)Provision

a summary of the broadband service, cable television service, or public telecommunications service that the legislative body of the municipality proposes to provide to subscribers residing within the boundaries of the municipality;

a summary of the broadband service, cable television service, or public telecommunications service that the legislative body of the municipality proposes to provide to subscribers residing within the boundaries of the municipality;
Section 10-18-204(1)(d)(i)(A)Verify source
§ 10-18-204(1)(d)(i)(B)Subsection 10-18-204(1)(d)(i)(B)Provision

the feasibility study summary under Section 10-18-203 ;

the feasibility study summary under Section 10-18-203 ;
Section 10-18-204(1)(d)(i)(B)Verify source
§ 10-18-204(1)(d)(i)(C)Subsection 10-18-204(1)(d)(i)(C)Provision

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

a statement that a full copy of the feasibility study is available for inspection and copying;
Section 10-18-204(1)(d)(i)(C)Verify source
§ 10-18-204(1)(d)(i)(D)Subsection 10-18-204(1)(d)(i)(D)Provision

The feasibility study may be inspected or copied at a location in the municipality.

the location in the municipality where the feasibility study may be inspected or copied; and
Section 10-18-204(1)(d)(i)(D)Verify source
§ 10-18-204(1)(d)(i)(E)Subsection 10-18-204(1)(d)(i)(E)Provision

The municipality may make a hyperlink on its website for access to the feasibility study.

a hyperlink on the municipality's website where the feasibility study may be accessed.
Section 10-18-204(1)(d)(i)(E)Verify source
§ 10-18-204(1)(d)(ii)Subsection 10-18-204(1)(d)(ii)Provision

An election notice under Subsection (1)(b) must include a municipality-prepared summary of the proposed communications service facility.

The notice of an election called under Subsection (1)(b) shall include a summary prepared by the municipality describing the proposed communications service facility.
Section 10-18-204(1)(d)(ii)Verify source
§ 10-18-204(1)(e)Subsection 10-18-204(1)(e)Provision

For elections under Subsection (1)(a) or (1)(b), the ballot must state the question substantially in the form provided.

For an election called under Subsection (1)(a), the ballot for the election shall pose the question substantially as follows: "Shall the [name of the municipality] provide [broadband service, cable television service, or public telecommunications service] to the inhabitants of the [municipality]?". For an election called under Subsection (1)(b), the ballot for the election shall pose the question substantially as follows: "Shall the [name of the municipality] provide a communications service facility 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 communications service facility will be provided]?".
Section 10-18-204(1)(e)Verify source
§ 10-18-204(1)(e)(i)Subsection 10-18-204(1)(e)(i)Provision

For an election under Subsection (1)(a), the ballot must ask whether the municipality should provide broadband service, cable television service, or public telecommunications service to the municipality’s inhabitants.

For an election called under Subsection (1)(a), the ballot for the election shall pose the question substantially as follows: "Shall the [name of the municipality] provide [broadband service, cable television service, or public telecommunications service] to the inhabitants of the [municipality]?".
Section 10-18-204(1)(e)(i)Verify source
§ 10-18-204(1)(e)(ii)Subsection 10-18-204(1)(e)(ii)Provision

For an election called under Subsection (1)(b), the ballot for the election shall pose the question substantially as follows: "Shall the [name of the municipality] provide a communications service facility within [name of the municipality]

For an election called under Subsection (1)(b), the ballot for the election shall pose the question substantially as follows: "Shall the [name of the municipality] provide a communications service facility 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 communications service facility will be provided]?".
Section 10-18-204(1)(e)(ii)Verify source
§ 10-18-204(1)(f)Subsection 10-18-204(1)(f)Provision

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

The ballot proposition may not take effect until submitted to the electors and approved by the majority of those voting on the ballot.
Section 10-18-204(1)(f)Verify source
§ 10-18-204(2)Subsection 10-18-204(2)Provision

A municipal legislative body's decision to have its municipality provide broadband, cable television, or public telecommunications service is subject to local referenda.

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 a broadband service, cable television service, or public telecommunications service is subject to local referenda.
Section 10-18-204(2)Verify source
§ 10-18-204(3)Subsection 10-18-204(3)Provision

An election called under Subsection (1)(b) is not binding on the municipality that called it.

The results of an election called under Subsection (1)(b) are not binding and do not: require the municipality that called the election to take, or refrain from taking, any action; or limit the municipality that called the election from taking any action authorized under Section 10-8-14 or 10-18-105 . An election called under Subsection (1)(b) does not exempt a municipality from the applicable requirements of this chapter.
Section 10-18-204(3)Verify source
§ 10-18-204(3)(a)Subsection 10-18-204(3)(a)Provision

Election results under Subsection (1)(b) are not binding.

The results of an election called under Subsection (1)(b) are not binding and do not: require the municipality that called the election to take, or refrain from taking, any action; or limit the municipality that called the election from taking any action authorized under Section 10-8-14 or 10-18-105 .
Section 10-18-204(3)(a)Verify source
§ 10-18-204(3)(a)(i)Subsection 10-18-204(3)(a)(i)Provision

The municipality that called the election is required to take, or not take, some action.

require the municipality that called the election to take, or refrain from taking, any action; or
Section 10-18-204(3)(a)(i)Verify source
§ 10-18-204(3)(a)(ii)Subsection 10-18-204(3)(a)(ii)Provision

The municipality that called the election is limited from taking actions authorized under Section 10-8-14 or 10-18-105.

limit the municipality that called the election from taking any action authorized under Section 10-8-14 or 10-18-105 .
Section 10-18-204(3)(a)(ii)Verify source
§ 10-18-204(3)(b)Subsection 10-18-204(3)(b)Provision

An election called under Subsection (1)(b) does not exempt a municipality from the chapter’s applicable requirements.

An election called under Subsection (1)(b) does not exempt a municipality from the applicable requirements of this chapter.
Section 10-18-204(3)(b)Verify source

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