(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:
On or near all municipal streets or portions thereof proposed to be established as apedestrian mall;
On all intersecting streets;
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.
The governing body, not less than sixty days prior to the date of the hearing, shallcause 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.
At or before the hearing, any interested person may, severally or with others, filewith 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.
(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.
In the event a majority written protest or written objection is not filed, the judgmentof 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.
If it is determined to establish the pedestrian mall, a resolution to that effect shall beadopted 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.
Source: L. 75: Entire title R&RE, p. 1184, § 1, effective July 1.
Editor's note: This section is similar to former § 31-25-405 as it existed prior to 1975.