71.796. Powers of governing body in establishing and maintaining district.

Powers of governing body in establishing and maintaining district.

71.796. The governing body in establishing and maintaining a businessdistrict shall have all the powers necessary to carry out any and allimprovements adopted in the ordinance establishing the district including:

(1) To close existing streets or alleys or to open new streets andalleys or to widen or narrow existing streets and alleys in whole or inpart;

(2) To construct or install pedestrian or shopping malls, plazas,sidewalks or moving sidewalks, parks, meeting and display facilities,convention centers, arenas, bus stop shelters, lighting, benches or otherseating furniture, sculptures, telephone booths, traffic signs, firehydrants, kiosks, trash receptacles, marquees, awnings, canopies, walls andbarriers, paintings, murals, alleys, shelters, display cases, fountains,rest rooms, information booths, aquariums, aviaries, tunnels and ramps,pedestrian and vehicular overpasses and underpasses, and each and everyother useful or necessary or desired improvement;

(3) To landscape and plant trees, bushes and shrubbery, flowers andeach and every and other kind of decorative planting;

(4) To install and operate, or to lease, public music and newsfacilities;

(5) To purchase and operate buses, minibuses, mobile benches, andother modes of transportation;

(6) To construct and operate child-care facilities;

(7) To lease space within the district for sidewalk cafe tables andchairs;

(8) To construct lakes, dams, and waterways of whatever size;

(9) To provide special police or cleaning facilities and personnelfor the protection and enjoyment of the property owners and the generalpublic using the facilities of such business district;

(10) To maintain, as hereinafter provided, all city-owned streets,alleys, malls, bridges, ramps, tunnels, lawns, trees and decorativeplantings of each and every nature, and every structure or object of anynature whatsoever constructed or operated by the said municipality;

(11) To grant permits for newsstands, sidewalk cafes, and each andevery other useful or necessary or desired private usage of public orprivate property;

(12) To prohibit or restrict vehicular traffic on such streets withinthe business district as the governing body may deem necessary and toprovide the means for access by emergency vehicles to or in such areas;

(13) To lease, acquire, dispose of, construct, reconstruct, extend,maintain, or repair parking lots or parking garages, both above and belowground, or other facilities for the parking of vehicles, including thepower to install such facilities in public areas, whether such areas areowned in fee or by easement;

(14) To promote business activity in the district by, but not limitedto, advertising, decoration of any public place in the area, promotion ofpublic events which are to take place on or in public places, furnishing ofmusic in any public place, and the general promotion of trade activities inthe district.

(L. 1972 H.B. 1156 § 4, A.L. 2006 S.B. 1094)