Title 36, Chapter 37, Section 8
( 36-37-8)
Notice of intention to make such sale, lease, or other disposition
of a municipal waterworks or electric or gas plant, setting out the
price and other general terms and conditions of the proposed sale,
lease, or disposition, shall be given by publication once a week for
three consecutive weeks in some newspaper published in the
municipality and, if no newspaper is published in the municipality,
then in some newspaper published in the county in which the
municipality is located and, if there is no such newspaper, then in
some newspaper having a general circulation in the municipality.
After ten days from the last publication of such notice, the plant
may be disposed of unless, within ten days after the last
publication of the notice, a petition signed by not less than 20
percent of the qualified voters of the municipality is filed,
objecting to and protesting against the sale, lease, or disposition.
If the petition, so signed, is filed, the sale shall not be made
unless submitted to a special election ordered for the purpose of
determining whether a majority, which shall constitute two-thirds of
those voting at the election, favors the sale, lease, or other
disposition. Such election shall be ordered by the municipality to
be held not less than 50 days after the date of the filing of the
objecting petition with the municipality. The election shall be held
in accordance with and in all respects be governed by the Acts of
the General Assembly in regard to elections to determine whether
municipalities shall issue bonds or not. The notice of the election
shall state its purpose. |