This part 4 shall be known and may be cited as the “Public Mall Act of 1970”. Source: L. 75: Entire title R&RE, p. 1181, § 1, effective July 1. Editor’s note: This section is similar to former § 31-25-401 as it existed prior to 1975.
The general assembly finds and declares that, in certain areas in municipalities and particularly in retail shopping areas thereof, there is need to separate pedestrian travel from vehicular travel and that such separation is necessary to protect the public safety or otherwise to serve the public interest and convenience. The general assembly further finds and […]
As used in this part 4, unless the context otherwise requires: “Improvements” means improvements of any kind or nature necessary or convenient to the operation of municipal streets as a pedestrian mall, including but not limited to paving, sidewalks, curbs, gutters, sewers, drainage works, street lighting facilities, fire protection facilities, flood protection facilities, water distribution […]
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: The determination and declaration referred to in the introductory portion […]
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 […]
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, prior to the first reading of the ordinance establishing the pedestrian mall, a written claim for damages with the clerk. Such written claim shall […]
Not later than one hundred eighty days following the adoption of the resolution establishing the pedestrian mall as provided in this part 4, the governing body may adopt on first reading an ordinance finally establishing the pedestrian mall. Such ordinance shall contain: A general description of the pedestrian mall and a declaration and determination that […]
The municipality and its governing body may provide for the construction of and payment for improvements on the pedestrian mall through an improvement district under part 6 of this article, or by creation of an improvement district which can levy special assessments under other authority, or by other lawful means. The cost of the improvements […]
As used in this section, “district” means the district within which lie the lands deemed by the governing body to be specially benefited by the establishment of the pedestrian mall even though assessments may not be levied to pay for improvements. Following the establishment of a pedestrian mall pursuant to this part 4 and annually […]
