11200-11204

STREETS AND HIGHWAYS CODE
SECTION 11200-11204




11200.  When the legislative body shall determine 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:
   (a) The determination and declaration referred to above.
   (b) A general description of the city streets, or portions
thereof, which are proposed to be established as a pedestrian mall.
   (c) A general description of the mall intersections.
   (d) A general description of the intersecting streets.
   (e) A statement that the legislative body proposes to adopt an
ordinance prohibiting, in whole 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.
   (f) A general statement of the source or sources of moneys
proposed to be used to pay damages, if any, allowed or awarded to any
property owner by reason of the establishment of the pedestrian
mall.
   (g) A day, hour and place for the hearing by the legislative body
of protests and objections to the establishment of the proposed
pedestrian mall, and a statement that any and all persons having any
objection to the establishment of the proposed pedestrian mall may
file a written protest with the clerk of the legislative body at any
time not later than the hour so fixed for the hearing.
   (h) A statement that 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
may file a written claim of damages with the clerk of the
legislative body at any time not later than the hour so fixed for
hearing; that such written claim must describe the real property as
to which the claim is made, must state the exact nature of the
claimant's interest therein, must state the nature of the claimed
damage thereto, and must state the amount of damages claimed; that
failure to file such written claim within the time provided shall be
deemed a waiver of any claim for damages or compensation and shall
operate as a bar to any subsequent action seeking to prevent the
establishment of said pedestrian mall or to recover damages on
account of such establishment; and that the filing of such a claim
shall operate as a bar in any subsequent action to the recovery of
any damages or compensation in excess of the amount stated in such
claim.


11201.  In such resolution any street may be described by referring
thereto by its lawful or official 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 of the legislative
body.



11202.  In such resolution the legislative body may propose to pay
the whole or any part of damages, if any, allowed or awarded to any
property owner by reason of the establishment of the pedestrian mall
from the proceeds of assessments levied upon lands benefited by the
establishment of the pedestrian mall. In such case the resolution
shall also contain:
   (a) A general description of the district (which may consist of
noncontiguous portions) within which lie the lands deemed by the
legislative body to be benefited by the establishment of the proposed
pedestrian mall. Such district may be described as provided in
Section 5181.
   (b) A statement that an assessment will be levied pursuant to this
part to pay the whole or a stated portion of the damages, if any,
allowed or awarded to any property owner by reason of the
establishment of such pedestrian mall and the costs and expenses in
connection with proceedings or actions taken pursuant to this part.
   (c) If bonds are to be issued, a statement that bonds to represent
unpaid assessments will be issued, and the interest rate, or maximum
interest rate, and term, or maximum term, of any such bonds.



11203.  If in connection with the initial establishment of a
pedestrian mall, the legislative body proposes to make any
improvements of the kind or type referred to in subdivision (d) of
Section 11101, such resolution shall also contain:
   (a) A general description of the improvements proposed to be made.
Such description may be made (but is not required to be made) in any
manner permitted or provided in any law under which such
improvements are to be made or financed.
   (b) A general statement of the source or sources of moneys
proposed to be used to pay the costs and expenses of such
improvements.
   (c) If all or any part of such improvements are proposed to be
made or financed under the Improvement Act of 1911, the Municipal
Improvement Act of 1913, or similar special assessment law, a
statement as to what law is proposed to be so used.



11204.  (a) In connection with the initial establishment or the
extension of a pedestrian mall, expenditures for the acquisition,
construction or reconstruction (but not including expenditures for
normal maintenance or repair) of streets within the proposed
pedestrian mall made subsequent to such resolution or within three
years prior to the adoption of such resolution from the proceeds of
any tax, license, or fee imposed upon the ownership or operation of
vehicles or the fuel used therein, shall be included as a cost of
improvement of the mall. If the mall is subsequently established, an
amount equivalent thereto shall be paid from moneys used to finance
improvement of the mall into the special gas tax street improvement
fund or the traffic safety fund in the case of a city, or into the
special road improvement fund in the case of a county.
   (b) The provisions of subdivision (a) shall not apply to any
expenditure made from proceeds of the vehicle license fee imposed
under Division 2, Part 5 of the Revenue and Taxation Code, nor to any
expenditure made prior to June 30, 1961.