Title 9 — Cities and Towns

A. A municipal corporation shall not grant a franchise for a public utility to be operated by the grantee unless authorized by a majority vote of the qualified voters of the municipal corporation at a regular election or at a special election duly and regularly called by the gove…

A. A person desiring to obtain a franchise to operate a public utility from a municipal corporation shall present the franchise desired to the governing body of the municipal corporation, and it shall be filed among its records. B. If the governing body deems the granting of the …

In this article, unless the context otherwise requires: 1. "Area of jurisdiction" means that part of a city or town, or that part of the unincorporated area of a county, or both when applied to a cable television system within parts of more than one jurisdiction, for which a lice…

A. For the purpose of authorizing and regulating the construction, operation and maintenance of cable television systems, the licensing authority of a city, including a charter city, or town for an incorporated area, or the licensing authority of the county for unincorporated are…

A. Any person desiring to obtain a license to construct, operate and maintain a cable television system from a licensing authority shall make application to such licensing authority in the form specified by the licensing authority and shall comply with requirements specified by t…

A. A new cable television system shall not be constructed within any incorporated city or town or within the unincorporated area of a county without a license therefor having first been issued pursuant to the provisions of this article. This subsection shall not apply to extensio…

A city or town shall not acquire an ownership interest in any commercial cable television system unless the ownership interest is acquired at not less than fair market value.

A licensing authority shall not directly or indirectly control the content of any of the programming on a cable television system except those channels dedicated to government access.

A. A municipal corporation may engage in any business or enterprise which may be engaged in by persons by virtue of a franchise from the municipal corporation, and may construct, purchase, acquire, own and maintain within or without its corporate limits any such business or enter…

A. A municipality engaging in a domestic water or wastewater business shall not increase any water or wastewater rate or rate component, fee or service charge without complying with the following: 1. Prepare a written report or supply data supporting the increased rate or rate co…

A. A city or town may file a lien on property for the nonpayment of utility user fees for services provided to the property if the payment of the fees is delinquent for more than ninety days. B. Before filing the lien, the city or town shall provide written notice to the owner of…

1. Keep all records of the services separate from all other city or town municipal records. 2. For land and equipment dedicated to providing services outside of its boundaries and for any net income generated from providing services outside its boundaries, make an in-lieu contrib…

A. The municipal corporation, for any and all purposes provided in section 9-511, may issue and sell bonds bearing interest not to exceed nine per cent per annum. B. When the enterprise or public improvement has been purchased or constructed by means derived from the sale of bond…

A. When it is impracticable to issue bonds as provided by section 9-512 for an improvement or enterprise deemed necessary for the public welfare, the municipal corporation may lease at a stipulated rental a public improvement or utility. B. The rental contract shall reserve to th…

A. Except as provided in section 9-571, before construction, purchase, acquisition or lease by a municipal corporation, as authorized in sections 9-511, 9-511.01, 9-511.02, 9-512 and 9-513, of any plant or property or portion of plant or property devoted to the business of or ser…

A. When a municipal corporation and the residents thereof are being served under an existing franchise by a public utility, the municipal corporation, before constructing, purchasing, acquiring or leasing, in whole or in part, a plant or property engaged in the business of supply…

A. It is declared as the public policy of the state that when adequate public utility service under authority of law is being rendered in an area, within or without the boundaries of a city or town, a competing service and installation shall not be authorized, instituted, made or…

When a public utility operating under an existing franchise wilfully and persistently violates any provision of the franchise, the municipal corporation shall thereby be relieved from purchasing or taking over the property or plant of the public utility.

A. Whenever the fair valuation of the plant and property of a public utility has not for any reason been determined by any other method provided by law, or where no other method is provided, the city or town may, subject to the provisions of this section, by the exercise of the r…

When territory within or without the corporate limits of a municipal corporation is being adequately served by a common carrier of passengers under authority of law, the municipal corporation shall not engage in business as a common carrier of passengers over the route or routes …

In this article, unless the context otherwise requires: 1. "Bond" means any bond issued pursuant to this article, including any tax secured bond. 2. "Governing body" means the board, commission or other body having charge of the financial affairs of a municipality. 3. "Municipali…

A. For the purposes of this article only, the term "utility undertaking", in addition to the definition prescribed in section 9-521, shall mean recreational facilities. B. "Recreational facilities" means swimming pools, parks, playgrounds, municipal golf courses, and ball parks. …

A. In addition to its other powers, a municipality may: 1. Subject to the requirements and restrictions of sections 9-515 through 9-518, within or without its corporate limits, construct, improve, reconstruct, extend, operate, maintain and acquire, by gift, purchase or the exerci…

Questions on bond issues under this article shall be submitted to the qualified electors of the municipality. No bonds shall be issued without the assent of a majority of the qualified electors voting at an election held for that purpose as provided in this article.

A. The governing body shall order and call an election upon the question of the issuance of bonds. The order and call shall state in substance: 1. The maximum amount of bonds to be issued. 2. The purpose for which the bonds are to be issued. 3. The maximum rate of interest which …

The governing body may require the registration of all persons desiring to vote at the election, in which case the election resolution shall state the dates, times and places when and where such persons may register. Registration shall begin not less than ten and shall close not …

At the election the ballot shall contain the phrases "for the bonds" and "against the bonds." To the right of and opposite each phrase shall be placed a square approximately the size of squares placed opposite the names of candidates on ballots. The voter shall indicate his vote …

A. The governing body shall canvass the returns and declare the result of the election. If it appears to the governing body that a majority of the qualified electors voting thereon assent to issuance of the bonds, the governing body shall provide for their issuance. B. The determ…

Except as otherwise provided in this article, the manner of conducting the registration and election, keeping the poll lists, making the returns, declaring the results and doing all acts relating to the election shall conform to the procedure provided by law for the registration …

A. Bonds issued under this article shall be fully negotiable within the meaning and for all purposes of title 47. They may be in one or more series, may bear dates, may be payable in a medium of payment, at places, may carry registration privileges, shall be executed in a manner,…

A. The governing body of the municipality issuing the bonds shall prescribe service charges, and shall revise them when necessary, so that a utility undertaking for which the bonds were issued shall always remain self-supporting with revenue sufficient: 1. To pay when due all bon…

A. A resolution pertaining to issuance of bonds under this article may contain covenants as to: 1. The purpose to which the proceeds of sale of the bonds may be applied and to the use and disposition thereof. 2. The use and disposition of the revenue of the utility undertaking fo…

A. All proceeds received from sale of the bonds, all fees, rents, tolls or other charges received by the municipality from a utility undertaking financed by the bonds, and all monies received from any source in connection therewith shall be paid to the finance officer of the muni…

A. Bonds issued under this article and bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations, notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear t…

A. A municipality may submit to the attorney general bonds to be issued under this article after all proceedings for their issuance have been taken, and thereupon it shall be the duty of the attorney general to examine the bonds and pass upon the validity thereof and the regulari…

A. Except as otherwise provided in the resolution authorizing the bonds, all bonds of the same issue under this article shall have a prior and paramount lien on the revenue of the utility undertaking for which the bonds have been issued over and ahead of bonds of an issue payable…

A. Bonds may also be issued hereunder for the purpose of refunding any bonds issued under authority of this article or any bonds issued under the authority of title 35, chapter 3, article 3 or 4, for the acquisition, construction or improvement of any utility undertaking. If any …

A. No holder of bonds issued under this article shall have the right to compel any exercise of the taxing power of the municipality to pay the bonds or the interest on such bonds. Each bond issued under this article shall recite in substance that payment of the bond and interest …

In so far as the provisions of this article are inconsistent with any other provision of law, the provisions hereof shall be controlling. The powers conferred by this article shall be in addition and supplemental to the powers conferred by any other law. Except as expressly provi…

Bonds lawfully issued under the provisions of chapter 4, session laws of 1940, first special session, and chapter 107, session laws of 1941, regular session, are validated and confirmed.

There is vested in a municipality by this article full power: 1. To issue revenue bonds for the purpose of paying the cost of the improvement, reconstruction, extensions and additions to any existing revenue-producing utility of any kind or class at the time owned and operated by…

All acts and proceedings taken prior to March 13, 1947 by a municipality under this article, or under color of this article, for the authorization, issuance or sale of revenue bonds for any purpose stated therein, are confirmed, validated and declared legally effective, including…

In this article, unless the context otherwise requires: 1. "Industrial gas pipeline" means any pipeline or system of pipelines and all necessary appurtenances to the pipeline or system used to transport inert, nontoxic, nonflammable gas for industrial purposes to industrial users…

A. For the purpose of authorizing and regulating the construction, operation and maintenance of industrial gas pipelines, the licensing authority of a city or town for an incorporated area, or the licensing authority of a county for an unincorporated area, either individually or …

A. Any person desiring to obtain a license to construct, operate and maintain an industrial gas pipeline from a licensing authority shall apply to the licensing authority in a form specified by the licensing authority and shall comply with requirements specified by the licensing …

A. A new industrial gas pipeline shall not be constructed within any incorporated city or town or within the unincorporated area of a county before a license is issued as provided in this article. B. A licensing authority may terminate a license according to its terms and conditi…

A. Notwithstanding any other law, a city or town may construct, acquire from a willing seller or improve a wastewater treatment facility, drinking water facility or nonpoint source project with monies borrowed from or financial assistance including forgivable principal provided b…

In this article, unless the context otherwise requires: 1. "Commercial mobile radio service" means two-way voice commercial mobile radio service as defined by the federal communications commission in 47 United States Code section 157. 2. "Political subdivision" means a city, town…

A. A political subdivision shall not levy a tax, rent, fee or charge on a telecommunications corporation, including a telecommunications corporation that provides interstate services as described in section 9-583, subsection C, for the use of a public highway to provide telecommu…

A. A political subdivision shall not adopt any ordinance that may prohibit or have the effect of prohibiting the ability of any telecommunications corporation to provide telecommunications service. Nothing in this section affects the authority of a political subdivision to manage…