SUBJECT: Municipal Broadband Discussion
Title
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DEPARTMENT: Administration
PRESENTER:
Fred Diehl, Assistant to the Town Administrator,
Ken Fellman, Kissinger & Fellman, P.C.
FISCAL INFORMATION:
Cost as Recommended: $65,000.00
Balance Available: $10,000.00
Budget Line Item Number: 001-02-310-561020
New Appropriation Required: Yes
STAFF RECOMMENDATION: Board direction concerning placement of a ballot question for the November 2016 General Election regarding whether the Town may re-establish its right to provide telecommunications services to the Town of Erie.
Recommendation
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SUMMARY AND BACKGROUND OF SUBJECT MATTER:
SUMMARY: Town staff has asked our telecommunications legal counsel, Ken Fellman, of Kissinger & Fellman, P.C., to prepare the attached draft resolution which if approved would have the effect of submitting to the registered electors of the Town of Erie at the November 2016 General Election a ballot question regarding whether the Town may re-establish its right to provide telecommunications services, advanced services, and cable television services either directly or indirectly with public or private sector partners.
By state law, any political subdivision planning to coordinate in the General election "shall notify the Clerk in writing of their intent to participate by 100 days before the election." This year the formal date of notice is July 29, 2016. As such, should the Board direct staff to move forward, we will bring back this resolution for your consideration and determination during the July 26, 2016 Board of Trustees Regular Meeting.
BACKGROUND: Colorado Senate Bill 152 (2005), codified at C.R.S. ? 29-27-101-304, prohibits most uses of municipal or county resources for infrastructure to improve the following: local broadband service (referred to as "Advanced Service" in S.B. 152), cable television services or telecommunication services, without first going to a vote of the eligible electors of the applicable municipality or...
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