Full Text of HB2302 95th General Assembly
HB2302ham001 95TH GENERAL ASSEMBLY
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Rep. Susana A Mendoza
Filed: 4/18/2007
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09500HB2302ham001 |
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LRB095 01488 MJR 35174 a |
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| AMENDMENT TO HOUSE BILL 2302
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| AMENDMENT NO. ______. Amend House Bill 2302 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 11-42-11 as follows:
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| (65 ILCS 5/11-42-11) (from Ch. 24, par. 11-42-11)
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| Sec. 11-42-11. Community antenna television systems; | 8 |
| satellite transmitted
television programming.
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| (a) The corporate authorities of each municipality may
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| license, franchise and tax the business of operating a | 11 |
| community antenna
television system as hereinafter defined. In | 12 |
| municipalities with less
than 2,000,000 inhabitants, the | 13 |
| corporate authorities may, under the limited
circumstances set | 14 |
| forth in this Section, own (or lease as
lessee) and operate a | 15 |
| community antenna television system; provided that a
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| municipality may not acquire,
construct,
own, or operate a |
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LRB095 01488 MJR 35174 a |
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| community antenna television system
for the use
or benefit
of | 2 |
| private consumers or users, and may not charge a fee for that | 3 |
| consumption or
use,
unless the proposition to acquire, | 4 |
| construct, own, or operate a cable antenna
television system | 5 |
| has been submitted to and approved by the electors
of the | 6 |
| municipality in accordance with subsection (f).
Before
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| acquiring, constructing, or commencing operation of a | 8 |
| community antenna
television system, the municipality shall | 9 |
| comply with the following:
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| (1) Give written notice to the owner or operator of any | 11 |
| other
community antenna television system franchised to | 12 |
| serve all or any portion
of the territorial area to be | 13 |
| served by the municipality's community
antenna television | 14 |
| system, specifying the date, time, and place at which
the | 15 |
| municipality shall conduct public hearings to consider and | 16 |
| determine
whether the municipality should acquire, | 17 |
| construct, or commence operation
of a community antenna | 18 |
| television system. The public hearings shall be
conducted | 19 |
| at least 14 days after this notice is given.
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| (2) Publish a notice of the hearing in 2 or more | 21 |
| newspapers published
in the county, city, village, | 22 |
| incorporated town, or town, as the case may
be. If there is | 23 |
| no such newspaper, then notice shall be published in any 2
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| or more newspapers published in the county and having a | 25 |
| general circulation
throughout the community. The public | 26 |
| hearings shall be conducted at least
14 days after this |
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LRB095 01488 MJR 35174 a |
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| notice is given.
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| (3) Conduct a public hearing to determine the means by | 3 |
| which
construction, maintenance, and operation of the | 4 |
| system will be financed,
including whether the use of tax | 5 |
| revenues or other fees will be required.
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| (b) The words "community antenna television system" shall | 7 |
| mean any facility
which is constructed in whole or in part in, | 8 |
| on, under or over any highway
or other public place and which | 9 |
| is operated to perform for hire the service
of receiving and | 10 |
| amplifying the signals broadcast by one or more television
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| stations and redistributing such signals by wire, cable or | 12 |
| other means to
members of the public who subscribe to such | 13 |
| service; except that such
definition shall not include (i) any | 14 |
| system which serves fewer than fifty
subscribers, or (ii) any | 15 |
| system which serves only the residents of one or
more apartment | 16 |
| dwellings under common ownership, control or management, and
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| commercial establishments located on the premises of such | 18 |
| dwellings.
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| (c) The authority hereby granted does not include authority | 20 |
| to license,
franchise or tax telephone companies subject to | 21 |
| jurisdiction of the
Illinois Commerce Commission or the Federal | 22 |
| Communications Commission in
connection with the furnishing of | 23 |
| circuits, wires, cables, and other
facilities to the operator | 24 |
| of a community antenna television system.
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| The corporate authorities of each municipality may, in the | 26 |
| course of
franchising such community antenna television |
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| system, grant to such franchisee
the authority and the right | 2 |
| and permission to use all public streets, rights
of way, | 3 |
| alleys, ways for public service facilities, parks, | 4 |
| playgrounds,
school grounds, or other public grounds, in which | 5 |
| such municipality may
have an interest, for the construction, | 6 |
| installation, operation, maintenance,
alteration, addition, | 7 |
| extension or improvement of a community antenna
television | 8 |
| system.
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| Any charge imposed by a community antenna television system | 10 |
| franchised
pursuant to this Section for the raising or removal | 11 |
| of cables or lines to
permit passage on, to or from a street | 12 |
| shall not exceed the reasonable
costs of work reasonably | 13 |
| necessary to safely permit such passage. Pursuant
to | 14 |
| subsections (h) and (i) of Section 6 of Article VII of the | 15 |
| Constitution
of the State of Illinois, the General Assembly | 16 |
| declares the regulation of
charges which may be imposed by | 17 |
| community antenna television systems for
the raising or removal | 18 |
| of cables or lines to permit passage on, to or from
streets is | 19 |
| a power or function to be exercised exclusively by the State | 20 |
| and
not to be exercised or performed concurrently with the | 21 |
| State by any unit of
local government, including any home rule | 22 |
| unit.
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| The municipality may, upon written request by the | 24 |
| franchisee of a community
antenna television system, exercise | 25 |
| its right of eminent domain
solely for the purpose of granting | 26 |
| an easement right no greater than 8 feet
in width, extending no |
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| greater than 8 feet from any lot line for the purpose
of | 2 |
| extending cable across any parcel of property in the manner | 3 |
| provided
by the law of eminent domain, provided, however, such | 4 |
| franchisee deposits
with the municipality sufficient security | 5 |
| to pay all costs incurred by the
municipality in the exercise | 6 |
| of its right of eminent domain.
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| (d) The General Assembly finds and declares that | 8 |
| satellite-transmitted
television programming should be | 9 |
| available to those who desire to subscribe
to such programming | 10 |
| and that decoding devices should be obtainable at
reasonable | 11 |
| prices by those who are unable to obtain satellite-transmitted
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| television programming through duly franchised community | 13 |
| antenna television
systems.
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| In any instance in which a person is unable to obtain
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| satellite-transmitted television programming through a duly | 16 |
| franchised
community antenna television system either because | 17 |
| the municipality and
county in which such person resides has | 18 |
| not granted a franchise to operate
and maintain a community | 19 |
| antenna television system, or because the duly
franchised | 20 |
| community antenna television system operator does not make | 21 |
| cable
television services available to such person, any | 22 |
| programming company that
delivers satellite-transmitted | 23 |
| television programming in scrambled or
encrypted form shall | 24 |
| ensure that devices for description of such programming
are | 25 |
| made available to such person, through the local community | 26 |
| antenna
television operator or directly, for purchase or lease |
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| at prices reasonably
related to the cost of manufacture and | 2 |
| distribution of such devices.
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| (e) The General Assembly finds and declares that, in order | 4 |
| to ensure that
community antenna television services are | 5 |
| provided in an orderly,
competitive and economically sound | 6 |
| manner, the best interests of the public
will be served by the | 7 |
| establishment of certain minimum standards and
procedures for | 8 |
| the granting of additional cable television franchises.
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| Subject to the provisions of this subsection, the authority
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| granted under subsection (a) hereof shall include the authority | 11 |
| to license,
franchise and tax more than one cable operator to | 12 |
| provide community antenna
television services within the | 13 |
| corporate limits of a single franchising
authority. For | 14 |
| purposes of this subsection (e), the term:
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| (i) "Existing cable television franchise" means a | 16 |
| community antenna
television franchise granted by a | 17 |
| municipality which is in use at the time
such municipality | 18 |
| receives an application or request by another cable
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| operator for a franchise to provide cable antenna | 20 |
| television services
within all or any portion of the | 21 |
| territorial area which is or may be served
under the | 22 |
| existing cable television franchise.
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| (ii) "Additional cable television franchise" means a | 24 |
| franchise pursuant
to which community antenna television | 25 |
| services may be provided within the
territorial areas, or | 26 |
| any portion thereof, which may be served under an
existing |
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| cable television franchise.
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| (iii) "Franchising Authority" is defined as that term | 3 |
| is defined under
Section 602(9) of the Cable Communications | 4 |
| Policy Act of 1984, Public Law
98-549, but does not include | 5 |
| any municipality with a population of 1,000,000
or more.
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| (iv) "Cable operator" is defined as that term is | 7 |
| defined under Section
602(4) of the Cable Communications | 8 |
| Policy Act of 1984, Public Law 98-549.
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| Before granting an additional cable television franchise, | 10 |
| the franchising
authority shall:
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| (1) Give written notice to the owner or operator of any | 12 |
| other community
antenna television system franchised to | 13 |
| serve all or any portion of the
territorial area to be | 14 |
| served by such additional cable television
franchise, | 15 |
| identifying the applicant for such additional franchise | 16 |
| and
specifying the date, time and place at which the | 17 |
| franchising authority
shall conduct public hearings to | 18 |
| consider and determine whether such
additional cable | 19 |
| television franchise should be granted.
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| (2) Conduct a public hearing to determine the public | 21 |
| need for such
additional cable television franchise, the | 22 |
| capacity of public rights-of-way
to accommodate such | 23 |
| additional community antenna television services, the
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| potential disruption to existing users of public | 25 |
| rights-of-way to be used
by such additional franchise | 26 |
| applicant to complete construction and to
provide cable |
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| television services within the proposed franchise area, | 2 |
| the
long term economic impact of such additional cable | 3 |
| television system within
the community, and such other | 4 |
| factors as the franchising authority shall
deem | 5 |
| appropriate.
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| (3) Determine, based upon the foregoing factors, | 7 |
| whether it is in the
best interest of the municipality to | 8 |
| grant such additional cable television
franchise.
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| (4) If the franchising authority shall determine that | 10 |
| it is in the
best
interest of the municipality to do so, it | 11 |
| may grant the additional cable
television franchise. | 12 |
| Except as provided in paragraph (5) of this subsection
(e), | 13 |
| no such additional cable television
franchise shall be | 14 |
| granted under terms or conditions more favorable or less
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| burdensome to the applicant than those required under the | 16 |
| existing cable
television franchise, including but not | 17 |
| limited to terms and conditions
pertaining to the | 18 |
| territorial extent of the franchise, system design,
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| technical performance standards, construction schedules, | 20 |
| performance
bonds, standards for construction and | 21 |
| installation of cable television
facilities, service to | 22 |
| subscribers, public educational and governmental
access | 23 |
| channels and programming, production assistance, liability | 24 |
| and
indemnification, and franchise fees.
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| (5) The franchising authority shall not grant an | 26 |
| additional cable television franchise under terms or |
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| conditions more favorable or less burdensome to the | 2 |
| applicant than those required under the existing cable | 3 |
| television franchise unless it satisfies the following | 4 |
| criteria:
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| (A) Prohibition against redlining. The franchising | 6 |
| authority shall not grant an additional cable | 7 |
| television franchise for a territorial area of a lesser | 8 |
| extent than the territorial area of the existing cable | 9 |
| television franchise unless the applicant can | 10 |
| establish just and reasonable cause that a franchise of | 11 |
| a lesser territorial extent is in the public interest. | 12 |
| The burden of proof for establishing a just and | 13 |
| reasonable cause that a franchise of a lesser | 14 |
| territorial extent is in the public interest shall rest | 15 |
| on the applicant. Where the applicant is offering | 16 |
| through its own existing facilities either local | 17 |
| exchange telecommunications services, as defined in | 18 |
| Article XIII of the Public Utilities Act, or advanced | 19 |
| services, defined as the transmission of data, in at | 20 |
| least one direction, at a speed in excess of 200 | 21 |
| kilobits per second (kbps) to the network demarcation | 22 |
| point at the subscriber's premises, in no instance | 23 |
| shall the franchise for a territorial area be less than | 24 |
| the smaller area of either (a) the area served by the | 25 |
| existing cable television franchise, or (b) the area | 26 |
| defined as the total area that is served by the |
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| applicant's existing facilities for any or all of the | 2 |
| applicant's telecommunications services or advanced | 3 |
| services.
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| The applicant must offer all products and services | 5 |
| uniformly throughout the franchise territory except | 6 |
| where an exception has been made for the existing cable | 7 |
| television franchise, in which case the applicant may | 8 |
| receive a similar exception.
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| (B) Construction. Where the franchising authority | 10 |
| required the existing cable television franchisee a | 11 |
| specified amount of time in which to construct a | 12 |
| community antenna television system, the franchising | 13 |
| authority may grant the applicant up to an additional | 14 |
| 50% of time in which to construct its community antenna | 15 |
| television system.
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| (6) Uniform terms for the existing cable television | 17 |
| franchise.
(5) Unless the existing cable television | 18 |
| franchise provides that any
additional cable television | 19 |
| franchise shall be subject to the same terms or
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| substantially equivalent terms and conditions as those of | 21 |
| the existing cable
television franchise, the franchising | 22 |
| authority may grant an additional cable
television | 23 |
| franchise under different terms and conditions than those | 24 |
| of the
existing franchise, in which event the franchising | 25 |
| authority shall enter into
good faith negotiations with the | 26 |
| existing franchisee and shall, within 120 days
after the |
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| effective date of the additional cable television | 2 |
| franchise, modify
the existing cable television franchise | 3 |
| in a manner and to the extent necessary
to ensure that | 4 |
| neither the existing cable television franchise nor the
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| additional cable television
franchise, each considered in | 6 |
| its entirety, provides a competitive advantage
over the | 7 |
| other, provided that prior to modifying the existing cable | 8 |
| television
franchise, the franchising authority shall have | 9 |
| conducted a public hearing to
consider the proposed | 10 |
| modification.
No modification in the terms and
conditions | 11 |
| of the existing cable television franchise shall oblige the | 12 |
| existing
cable television franchisee (1) to make any | 13 |
| additional payment to the
franchising authority, including | 14 |
| the payment of any additional franchise fee,
(2) to engage | 15 |
| in any
additional construction of the existing cable | 16 |
| television system or, (3) to
modify the specifications or | 17 |
| design of the existing cable television system;
and the | 18 |
| inclusion of the factors identified in items (2) and (3) | 19 |
| shall not be
considered in determining whether either | 20 |
| franchise considered in its entirety,
has a competitive | 21 |
| advantage over the other except to the extent that the
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| additional franchisee provides additional video or data | 23 |
| services or the
equipment or facilities necessary to | 24 |
| generate and or carry such service.
No modification in the | 25 |
| terms and
conditions of the existing cable television | 26 |
| franchise shall be made if the
existing cable television |
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| franchisee elects to continue to operate under all
terms | 2 |
| and conditions of the existing franchise.
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| If within the 120 day period the franchising authority | 4 |
| and the existing
cable television franchisee are unable to | 5 |
| reach agreement on modifications to
the existing cable | 6 |
| television franchise, then the franchising authority shall
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| modify the existing cable television franchise, effective | 8 |
| 45 days thereafter,
in a manner, and only to the extent, | 9 |
| that the terms and conditions of the
existing cable | 10 |
| television franchise shall no longer impose any duty or
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| obligation on the existing franchisee which is not also | 12 |
| imposed under the
additional cable television franchise; | 13 |
| however, if by the modification the
existing cable | 14 |
| television franchisee is relieved of duties or obligations | 15 |
| not
imposed under the additional cable television | 16 |
| franchise, then within the same
45
days and following a | 17 |
| public hearing concerning modification of the additional
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| cable television franchise within that 45 day period, the | 19 |
| franchising authority
shall modify the additional cable | 20 |
| television franchise to the extent necessary
to insure that | 21 |
| neither the existing cable television franchise nor the
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| additional cable television franchise, each considered in | 23 |
| its entirety, shall
have a
competitive advantage over the | 24 |
| other.
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| No municipality shall be subject to suit for damages based | 26 |
| upon the
municipality's determination to grant or its refusal |
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| to grant an additional
cable television franchise, provided | 2 |
| that a
public hearing as herein provided has been held and the | 3 |
| franchising
authority has determined that it is in the best | 4 |
| interest of the
municipality to grant or refuse to grant such | 5 |
| additional franchise, as
the
case may be.
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| It is declared to be the law of this State, pursuant to | 7 |
| paragraphs (h)
and (i) of Section 6 of Article VII of the | 8 |
| Illinois Constitution, that the
establishment of minimum | 9 |
| standards and procedures for the granting of
additional cable | 10 |
| television franchises by municipalities with a population
less | 11 |
| than 1,000,000 as provided in this subsection (e) is an | 12 |
| exclusive
State power and function that may not be exercised | 13 |
| concurrently by a home
rule unit.
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| (f) No municipality may acquire, construct, own, or operate | 15 |
| a community
antenna
television system
unless the corporate | 16 |
| authorities adopt
an
ordinance. The ordinance must set forth | 17 |
| the action proposed; describe the
plant,
equipment, and | 18 |
| property to be acquired or constructed; and specifically
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| describe the
manner in which the construction, acquisition, and | 20 |
| operation of the system
will
be financed.
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| The ordinance may not take effect until the question of | 22 |
| acquiring,
construction,
owning, or operating a community | 23 |
| antenna television system
has been
submitted to the electors of | 24 |
| the municipality at a regular election and
approved by a
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| majority of the electors voting on the question. The corporate | 26 |
| authorities
must certify the
question to the proper election |
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| authority, which must submit the question at an
election in
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| accordance with the Election Code.
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| The question must be submitted in substantially the | 4 |
| following form:
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| Shall the ordinance authorizing the municipality to | 6 |
| (insert action
authorized by ordinance) take effect?
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| The votes must be recorded as "Yes" or "No".
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| If a majority of electors voting on the question vote in | 9 |
| the affirmative, the
ordinance shall take effect.
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| Not more than 30 or less than 15 days before the date of | 11 |
| the referendum, the
municipal clerk must publish the ordinance | 12 |
| at least once in one or more
newspapers
published in the | 13 |
| municipality or, if no newspaper is published in the
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| municipality, in one
or more newspapers of general circulation | 15 |
| within the municipality.
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| (Source: P.A. 90-285, eff. 7-31-97; 91-648, eff. 1-1-00.)".
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