§ 40-62-06 — Maintenance and improvement

A pedestrian mall or skyway established pursuant to this chapter may be maintained and
the cost of such maintenance may be paid by all means permitted by law for streets. The
governing body may also annually cause an estimate to be made of the probable cost of the
maintenance during the current fiscal year, in excess of the cost of maintenance of streets of
similar length, width, and location not used as a mall, and may assess the excess cost of
maintenance on properties within the improvement district; provided, that the assessments may
not exceed the special benefits determined to be received by the properties from the
maintenance. The assessment list approved by the governing body must be filed in the office of
the city auditor, who must mail to the street address of each lot and parcel proposed to be
assessed, and to any other address as may be requested in writing by the owner or occupant of
a lot or parcel, a notice stating the amount proposed to be assessed upon the lot or parcel, and
that any objection thereto may be made in writing filed with the city auditor on or before a
specified date, not less than twenty days after the mailing, on which date, at a time and place
specified in the notice, the governing body will consider all objections. At this meeting, or any
adjournment thereof, the governing body shall review all assessments and hear all persons
desiring to be heard, and may amend the assessments in such manner as it determines to be
just and reasonable, and may confirm the same and direct the assessment list to be filed with
the county auditor, and the assessments made therein to be extended upon the tax lists of the
city for the current year and collected with interest and penalties as general taxes are collected
and paid over to the city auditor and placed by the auditor in a special fund to be used only for
the purpose of current, reasonable and necessary expenses of the operation and maintenance
of the mall or skyway.