Special Election Regarding SB 152

Residents may begin to receive their ballots for the special election regarding Senate Bill 152 (SB 152). SB 152 was passed by the State Legislature in 2005 and prohibits local control and involvement, either directly or indirectly, in the provision of areas like high speed internet. Along with it's prohibitions, SB 152 contains a provision that permits voter approval to give their communities the ability to be involved and engaged on the topic of high speed internet provision.

 

If you would like to know more about the ballot you recieved the following is the resolution passed by the Eaton Town Board calling for the election:

 

TOWN OF EATON, COLORADO

RESOLUTION NO.   2019-02__

RESOLUTION CALLING FOR A SPECIAL MAIL BALLOT ELECTION TO BE HELD ON TUESDAY, JUNE 18, 2019, TO REFER TO REGISTERED ELECTORS OF THE TOWN OF EATON THE QUESTION OF RESTORING THE TOWN’S AUTHORITY TO PROVIDE ADVANCED SERVICES, TELECOMMUNICATIONS SERVICES AND/OR CABLE TELEVISION SERVICES, EITHER DIRECTLY OR INDIRECTLY, WITH PUBLIC OR PRIVATE SECTOR PARTNERS, AS PERMITTED WITH VOTER APPROVAL BY TITLE 29, ARTICLE 27 OF THE COLORADO REVISED STATUTES.

WHEREAS, the Town of Eaton, Colorado (the “Town”) is a municipal corporation duly organized and existing under the Constitution and laws of the State of Colorado; and

WHEREAS, the Town Board of Trustees (“Town Board”) is vested with the authority to administer the affairs of the Town; and

WHEREAS, the Town Board finds and determines that access to high-speed broadband networks and fast, affordable and reliable internet services is essential residents and businesses in the Town and desires to participate in accomplishing those objectives for the benefit of the Town; and

WHEREAS, in 2005, the Colorado General Assembly enacted Title 29, Article 27 of the Colorado Revised Statutes, commonly known as Senate Bill 152, limiting a local government’s authority to provide, or participate in the provision of, advanced services, telecommunication services and/or cable television services, as defined therein, either directly or indirectly, with public or private sector partners, without first securing voter approval; and

WHEREAS, absent such voter approval, Senate Bill 152 limits a local government’s ability to enhance broadband infrastructure, by among other means, prohibiting the use of local government funds to improve broadband infrastructure and restricting the use of local government facilities; and

WHEREAS, voters in a growing number of communities across Colorado, including, among over 90 others, Greeley, Severance, Fort Lupton, Hudson, Fort Morgan, Fort Collins and Loveland, have voted to override the restrictions contained in Senate Bill 152 and restore local governmental authority to provide such services, either directly or indirectly, with public or private sector partners; and 

WHEREAS, to facilitate the Town’s prompt ability to enhance broadband infrastructure should an opportunity arise, the Town Board deems it in the best interests of the citizens to conduct a special election to refer the question of opting-out of Senate Bill 152’s restrictions and restoring the Town’s ability to participate in the referenced services to the voters; and

WHEREAS, pursuant to C.R.S. § 31-10-108, the Town Board may call a special election to be held on a Tuesday by resolution adopted not less than sixty (60) days prior to the date of the election; and

WHEREAS, the Town Board finds that it is in the best interests of the Town of Eaton to hold a special election on June 18, 2019, to refer to the registered electors the question of restoring the Town’s right, directly or indirectly, to provide advanced services, telecommunication services and/or cable television services, with public or private sector partners, to users in the Town.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF TRUSTEES OF THE TOWN OF EATON, COLORADO, THAT:

Section 1.  Pursuant to C.R.S. § 31-10-108, a special election for the Town of Eaton is hereby called and set for Tuesday, June 18, 2019.

Section 2.  As authorized by the Colorado Municipal Election Code of 1965, C.R.S. §§ 31-10- 101 et seq. (“Municipal Election Code”), the special election shall be conducted as a mail ballot election in accordance with Title 31, Article 10, Part 9 of the Colorado Revised Statutes.

Section 3.  Pursuant to applicable provisions of Colorado law and the ordinances of the Town of Eaton, the Town Board hereby refers to the registered electors of the Town at the special election to be held on Tuesday, June 18, 2019, the following ballot question, in substantially the same form, to appear on the mail ballot of the special election:

SHALL THE TOWN OF EATON, WITHOUT INCREASING TAXES, BE AUTHORIZED TO RESTORE THE TOWN’S RIGHT TO PROVIDE ALL SERVICES RESTRICTED SINCE 2005 BY TITLE 29, ARTICLE 27 OF THE COLORADO REVISED STATUTES, DESCRIBED AS “ADVANCED SERVICES,” “TELECOMMUNICATIONS SERVICES” AND “CABLE TELEVISION SERVICES,” INCLUDING BUT NOT LIMITED TO IMPROVED BROADBAND AND HIGH-SPEED INTERNET SERVICES AND FACILITIES, BASED UPON CURRENT OR FUTURE TECHNOLOGIES, EITHER DIRECTLY OR INDIRECTLY WITH PUBLIC AND/OR PRIVATE SECTOR PARTNERS, TO RESIDENTS, BUSINESSES, SCHOOLS, LIBRARIES, NON-PROFIT ENTITIES AND OTHER USERS OF SUCH SERVICES.

                                                                                                _____  YES

                                                                                                _____  NO

Section 4.  If a majority of all the votes cast at the election on the ballot question are in favor of the question, the question shall be deemed to have passed and shall be effective upon passage.

Section 5.  The Town Clerk is hereby authorized and directed to take all necessary and required action for the proper conduct of the special election, consistent with the Municipal Election Code, including but not limited to, appointing election judges.  In addition, the officers and employees of the Town are hereby authorized and directed to take all necessary and appropriate action to effectuate the provisions of this Resolution.

Section 6.  If any portion of this Resolution is held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such portion shall not affect any of the remaining portions of this Resolution.   

Section 7. This Resolution shall be in full force and effect upon its passage and adoption.