Section 11200 Of Chapter 3. Resolution Of Intention From California Streets And Highways Code >> Division 13. >> Part 1. >> Chapter 3.
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.