10-7-19 - Election to authorize -- Notice -- Ballots.
10-7-19. Election to authorize -- Notice -- Ballots.
(1) The board of commissioners or city council of any city or the board of trustees of anyincorporated town is authorized to aid and encourage the building of railroads by granting to anyrailroad company for depot or other railroad purposes real property of such city or incorporatedtown, not necessary for municipal or public purposes, upon such limitations and conditions as theboard of commissioners, council or board of trustees may prescribe; provided, however, that nosuch grant shall be made to any railroad company unless the question of making it has beensubmitted to the qualified electors of the city or town at the next municipal election, or specialelection to be called for that purpose by the board of commissioners, city council or town board.
(2) If the question is submitted at a special election, it shall be held as nearly aspracticable in conformity with the general election laws of the state.
(3) Notice of an election described in Subsection (2) shall be given by publication:
(a) (i) in a newspaper published or having general circulation in the city or town once aweek for four weeks prior to the election; or
(ii) if there is not a newspaper as described in Subsection (3)(a)(i), then by postingnotices; and
(b) in accordance with Section 45-1-101 for four weeks prior to the election.
(4) The board of commissioners, city council or town board shall cause ballots to beprinted and furnished to the qualified electors, which shall read: "For the proposed grant fordepot or other railroad purposes: Yes. No."
(5) If a majority of the qualified electors voting thereon shall have voted in favor of suchgrant, the board of commissioners, city council or town board shall then proceed to convey theproperty to the railroad company.
Amended by Chapter 388, 2009 General Session