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

529 words·~2 min read·/ut/title-10/chapter-18/10-18-204

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(a)A legislative body of a municipality may, by a majority vote, call an election on whether the municipality shall provide a proposed:

(i)broadband service;

(ii)cable television service; or

(iii)public telecommunications service.

(b)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.

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

(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)The notice of an election called under Subsection (1)(a) shall include with any other information required by law:

(A)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;

(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;

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

(E)a hyperlink on the municipality's website where the feasibility study may be accessed.

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

(i)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]?".

(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] 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]?".

(f)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 a broadband service, cable television service, or public telecommunications service is subject to local referenda.

(a)The results of an election called under Subsection (1)(b) 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)(b) does not exempt a municipality from the applicable requirements of this chapter.

Amended by Chapter 45 , 2025 General Session