As used in this part 4, unless the context otherwise requires:
"Improvements" means improvements of any kind or nature necessary or convenientto 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 facilities, ponds, lakes, vehicular parking areas, retaining walls, landscaping, tree planting, statuaries, fountains, commercial buildings and facilities, decorative structures, benches, rest rooms, child care facilities, display facilities, information booths, public assembly facilities, and other structures, works, or improvements necessary or convenient to serve members of the public using such pedestrian mall and including the reconstruction or relocation of existing municipally-owned works, improvements, or facilities on such municipal streets.
"Intersecting street" means any street which meets or crosses a pedestrian mall at amall intersection but includes only those portions thereof on either side of a mall intersection which lie between the mall intersection and the first intersection of the intersecting street with a municipal street or highway open to vehicular traffic. If any portion of a pedestrian mall terminates on a street at a place thereon other than a place of intersection with a municipal street or state highway open to vehicular traffic, "intersecting street" also includes that portion of any street which lies between such place of termination and the first intersection of such street with a municipal street or state highway open to vehicular traffic. "Intersecting street" also includes any other street or portion thereof which the governing body, in a measure duly adopted as provided in this part 4, declares to be such.
"Mall intersection" means any intersection of a municipal street which constitutes apart of a pedestrian mall with any other street, which intersection is itself part of the pedestrian mall.
"Municipal street" means a street which exists within the municipal boundaries of amunicipality except those designated as state highways by a duly constituted authority. If a state highway is contemplated to be used as part of a pedestrian mall, the transportation commission is authorized to remove the classification of a state highway from such part to be used as a pedestrian mall and to cede complete jurisdiction to the municipality by resolution duly adopted if it is satisfied that satisfactory provisions for the routing of traffic through the municipality can be provided by an alternate route or that the part of the state highway proposed for a pedestrian mall is no longer necessary for state highway purposes.
"Public mall", referred to in this part 4 as "pedestrian mall", means one or moremunicipal streets or portions thereof on which vehicular traffic is or is to be restricted in whole or in part and which is or is to be used exclusively or primarily for pedestrian travel, although such mall may have other improvements constructed upon it for appearance and utility.
"Streets", as used in the definitions of the terms "municipal street", "mall intersection", and "intersecting street" in this section, means any public street, road, highway, alley, lane, sidewalk, right-of-way, court, way, or place of any nature open to the use of the public and held by the public for street and road purposes, whether the same was acquired in fee or by grant of dedication or easement or by adverse use.
Source: L. 75: Entire title R&RE, p. 1182, § 1, effective July 1. L. 91: (4) amended, p. 1069, § 42, effective July 1.
Editor's note: This section is similar to former § 31-25-403 as it existed prior to 1975. 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:
The determination and declaration referred to in the introductory portion of this subsection (1);
A general description of the municipality's streets or portions thereof which are proposed to be established as a pedestrian mall;
A general description of the mall intersections;
A general description of the intersecting streets;
A statement that the governing body proposes to adopt an ordinance prohibiting, inwhole 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.
A general statement of the source of moneys proposed to be used to pay damages, ifany, 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;
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.
A statement that any person owning or having any legal or equitable interest in anyreal 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.
In such resolution any street may be described by reference thereto by its lawful orofficial 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.
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.
If the governing body, in connection with the initial establishment of a pedestrianmall, 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.
If the governing body foresees improvements being made to the pedestrian mall inthe future, a statement shall be included as to how the governing body anticipates the same shall be accomplished and paid for.
Source: L. 75: Entire title R&RE, p. 1183, § 1, effective July 1.
Editor's note: This section is similar to former § 31-25-404 as it existed prior to 1975.