§ 31-25-404 — Resolution of intention

(1) When the governing body
determines that the public interest and convenience require the establishment of a
pedestrian mall and that vehicular traffic will not be unduly inconvenienced
thereby, it may adopt a resolution declaring its intention to establish such
pedestrian mall. Such resolution shall contain:

(a) The determination and declaration referred to in the introductory portion
of this subsection (1);

(b) A general description of the municipality's streets or portions thereof
which are proposed to be established as a pedestrian mall;

(c) A general description of the mall intersections;

(d) A general description of the intersecting streets;

(e) A statement that the governing body proposes to adopt an ordinance
prohibiting, in whole or in part, vehicular traffic on such pedestrian mall. If vehicular
traffic is proposed to be prohibited only in part, the resolution shall also contain a
general statement of the exceptions proposed to be made. Such exceptions may
include exceptions in favor of public, emergency, utility, and other classes of
vehicles, may include exceptions in favor of all or certain classes of vehicles during
certain days or during portions of days, and may include other exceptions of any
kind or nature.

(f) A general statement of the source of moneys proposed to be used to pay
damages, if any, allowed or awarded to any abutting property owner by reason of
the establishment of the pedestrian mall and how and when it is anticipated that
such sum will be paid;

(g) Provision for a notice fixing a day, hour, and place for a public hearing by
the governing body relative to the establishment of the proposed pedestrian mall.
The notice shall also contain a statement that oral presentations from abutting
property owners and the public at large in favor of or opposing, objecting to, or
protesting the proposed pedestrian mall will be considered by the governing body
at the public hearing.

(h) A statement that any person owning or having any legal or equitable
interest in any real property which might suffer legal damage by reason of the
establishment of the proposed pedestrian mall shall file a written claim of
damages, if any damages are to be considered or allowed, with the clerk at any time
prior to the first reading of the ordinance establishing the pedestrian mall.

(2) In such resolution any street may be described by reference thereto by its
lawful or official name or the name by which it is commonly known, and the
pedestrian mall, the mall intersections, and the intersecting streets may be
described by reference to a map or plat thereof on file in the office of the clerk in
order that the description is sufficient for one to ascertain which streets and parts
of streets are in fact within the proposed mall.

(3) If the governing body intends, at any time in the future, through
appropriate action, to levy assessments on lands benefited by the establishment of
the mall to help pay the compensation or damages allowed to property owners, a
statement to such effect shall be included in the resolution.

(4) If the governing body, in connection with the initial establishment of a
pedestrian mall, proposes improvements and a method for paying for the same, the
resolution shall also contain statements to satisfy the requirements of applicable
law for special assessment districts, improvement districts, or other governmental
bodies or agencies or private nonprofit corporations selected to accomplish and
pay for the improvements.

(5) If the governing body foresees improvements being made to the
pedestrian mall in the future, a statement shall be included as to how the governing
body anticipates the same shall be accomplished and paid for.

Legislative History

Source: L. 75: Entire title R&RE, p. 1183, � 1, effective July 1.