Community Tele-Communications, Inc. v. Heather Corp.

ROVIRA, Justice.

We granted certiorari to review the decision of the court of appeals in Heather Corp. v. Community Tele-Communications, Inc., 642 P.2d 24 (Colo.App.1981), holding that a city of Cortez ordinance, which granted a cable television company a permit to use the streets and public ways to install a cable television system, was invalid because it granted a franchise without a vote of the electorate. We affirm.

I

In September 1979, the city council of Cortez, a Colorado home rule city, enacted Ordinance No. 532, entitled “An Ordinance Granting a Permit to Community Telecommunications,…