(1)The resolution of intention shall be
published in a newspaper of general circulation published within the county or
municipality as the case may be. It shall be published three times: Once less than
seventy-five days but more than sixty days prior to the date of the hearing; once
less than forty-five days but more than thirty days prior to the date of the hearing;
and once less than fifteen days but more than ten days prior to the date of the
hearing. In a municipality where no such newspaper is published, the resolution
shall instead be so published in a newspaper of general circulation published in the
county in which the municipality is located.
(2)Copies of the resolution shall be prepared for posting and for this
purpose shall be headed Notice of Intention to Establish
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(1) The resolution of intention shall be
published in a newspaper of general circulation published within the county or
municipality as the case may be. It shall be published three times: Once less than
seventy-five days but more than sixty days prior to the date of the hearing; once
less than forty-five days but more than thirty days prior to the date of the hearing;
and once less than fifteen days but more than ten days prior to the date of the
hearing. In a municipality where no such newspaper is published, the resolution
shall instead be so published in a newspaper of general circulation published in the
county in which the municipality is located.
(2) Copies of the resolution shall be prepared for posting and for this
purpose shall be headed Notice of Intention to Establish a Pedestrian Mall, the
heading to be in letters at least one-half inch in height. Such copies shall be posted
not less than sixty days prior to the hearing, and good faith efforts shall be made to
maintain the posted copies in existence to the hearing date. These copies of the
resolution shall be posted approximately three hundred feet apart, located as
follows:
(a) On or near all municipal streets or portions thereof proposed to be
established as a pedestrian mall;
(b) On all intersecting streets;
(c) On all streets that are proposed to be left open and which lie within the
mall area if, in fact, the area is to be circumscribed by streets to be closed.
(3) (a) A copy of the resolution shall be mailed by registered mail with return
receipt requested, not less than sixty days prior to the hearing date, to each person
owning of record all or any part of a fee interest or holding an encumbrance of
record against any of such lands abutting the proposed mall and, if the mall closes,
to all property owners of record and those who hold encumbrances of record within
the area so circumscribed. The copies shall be sent to the last-known addresses of
such owners and encumbrancers.
(b) The governing body may determine that such resolution shall also be
mailed to such other persons as it deems should be notified in accordance with the
procedures in this section.
(4) The governing body, not less than sixty days prior to the date of the
hearing, shall cause to be filed in the office of the county clerk and recorder of the
county in which the said properties are located a statement including the names of
the parties to whom such notices have been sent and a general description of the
property which the notice concerns so that any party receiving or acquiring an
interest in such property between the date of the sending of the notice and the date
of the hearing shall be put on notice as to the nature of the proceeding and that his
claim or protest, if any, shall be filed with the governing body in accordance with
the provisions of this part 4. A copy of the resolution shall be attached to the
recorded document.
(5) At or before the hearing, any interested person may, severally or with
others, file with the clerk a document in writing either supporting, opposing,
objecting to, or protesting the establishment of the proposed pedestrian mall. The
same may be withdrawn at any time by written notice of such withdrawal signed by
the persons who signed the original document, or any person who signed the
original document may have his name stricken from such document. Such notice of
withdrawal shall be filed with the clerk within the time set forth in this subsection
(5) with the same effect as if said written document had never been filed.
(6) (a) At the hearing the governing body shall receive the written objections
and written protests to the establishment of the proposed pedestrian mall. The
governing body shall also receive oral presentations from abutting property owners
and the public at large in favor of or opposing, objecting to, or protesting the
establishment of the proposed pedestrian mall. The hearing may be continued from
time to time by order entered on the minutes.
(b) If the owners of lands abutting the proposed pedestrian mall
representing a majority of the frontage on the proposed pedestrian mall have made
written objection or written protest to the establishment of the proposed
pedestrian mall, the governing body shall so find. In the event of such finding, the
governing body may terminate the proceedings for such establishment or continue
the proceedings in order to put the question of the establishment of the proposed
pedestrian mall to a vote of the registered electors of the municipality. If such
question is put to a vote of the registered electors of the municipality and a majority
of those voting thereon vote in favor of establishing such proposed pedestrian mall,
the governing body may go forward to establish the proposed pedestrian mall in
accordance with the provisions of this part 4, but all costs and expenses of
establishing the pedestrian mall shall be paid by the municipality, and no special
assessment shall be levied against the owners of lands abutting the pedestrian
mall unless levied against all real property within the municipality. If the majority of
those voting thereon vote against establishing such proposed pedestrian mall, the
governing body shall terminate the proceedings. In the event proceedings are
terminated, no proceeding shall again be commenced for the establishment of the
same or substantially the same pedestrian mall until the expiration of one year from
the date of termination.
(7) In the event a majority written protest or written objection is not filed, the
judgment of the governing body, if it establishes the proposed pedestrian mall,
shall be final and conclusive. In the event a majority written protest or written
objection is filed, the judgment of the governing body, if it establishes the proposed
pedestrian mall, shall be final and conclusive only if an election is held and if the
result thereof complies with the provisions of subsection (6) of this section.
(8) If it is determined to establish the pedestrian mall, a resolution to that
effect shall be adopted by the governing body. If the governing body at that time or
at a later time determines that the pedestrian mall shall not be established, no
claim for damages or compensation shall be allowed to any extent whatsoever.