§ 21-37-25. Parking facilities for motor vehicles; initiating procedures.
When governing authorities of any municipality shall determine that the establishment of a municipal parking facility is necessary, they shall adopt an ordinance declaring that parking spaces available along the city streets in the business district and privately-owned parking facilities are insufficient to relieve congested traffic conditions which are of such a serious nature as to be inimical to the public welfare, and that in order to relieve such conditions and promote the general welfare it is necessary for said municipality to establish, construct, and operate a municipal parking facility for motor vehicles of members of the general public, and to acquire land and property for such purpose, which the said municipality proposes to proceed with. Notice of the adoption of such ordinance shall be published once each week for three successive publications in a newspaper having a general circulation in the municipality, and shall specify a date, not less than twenty-one days after the first publication of such notice, at which the governing authorities of such municipality shall meet to hear any objections or remonstrances that may be made. Such notice need not describe or specify the contemplated location of such facility.
At said meeting, or at a time and place to which same may be adjourned, any aggrieved citizen of the municipality may appear in person, by attorney, or by petition, and object to or protest against the necessity of the establishment of such municipal motor vehicle parking facility. The governing authorities shall consider the objections and protests, if any, and may either amend, modify or rescind said ordinance, or enter an order making said ordinance final and authorizing the governing authorities to proceed with the establishment of such facility, including the acquisition of the necessary land and property.
Any citizen of said municipality aggrieved at such finding may, within ten days from the date the ordinance is made final, file a petition for an appeal to the circuit court of the district in which said municipality is located, where an issue shall be made up and tried as to the necessity of such parking facility for the public welfare. The petition for appeal shall be filed with the clerk of the said court and shall be accompanied by a bond in the sum of two hundred fifty dollars, conditioned according to law for the payment of such costs as may be finally adjudged against the appellant, which bond shall be approved by the clerk of said court. Upon the approval of the bond, the clerk shall issue process to the municipality giving notice of the said appeal and commanding it to be and appear before the next term of the court, then and there to answer the same. Upon receipt of the said notice of appeal, the municipality shall promptly make up and forward to the clerk of the said court in which the appeal is pending a certified copy of the entire record in the proceedings, as shown by the files and records in its office, which record shall be docketed by the clerk in the cause and the appeal shall be heard and considered by the judge of the court (without a jury) on said record. If the aggrieved party shall prevail, a judgment shall be entered reversing the action of the municipality and setting aside and annulling the ordinance appealed from. If, however, the action of the municipality in declaring the necessity for the parking facility be affirmed, a judgment shall be entered against the appellant for all costs and the cause shall be remanded for further action by the municipality.
Either party in said cause shall have the right to an appeal to the supreme court of the state from the judgment of the circuit court. Such appeal shall be perfected within ten days of the date of the entry of judgment by the circuit court by filing with the clerk thereof a good and sufficient bond, to be approved by the clerk, in the sum of five hundred dollars, conditioned to pay all costs that may accrue in such appeal, and the clerk shall promptly transmit to the supreme court the record in the cause.
§ 21-37-25. Parking facilities for motor vehicles; initiating procedures.
When governing authorities of any municipality shall determine that the establishment of a municipal parking facility is necessary, they shall adopt an ordinance declaring that parking spaces available along the city streets in the business district and privately-owned parking facilities are insufficient to relieve congested traffic conditions which are of such a serious nature as to be inimical to the public welfare, and that in order to relieve such conditions and promote the general welfare it is necessary for said municipality to establish, construct, and operate a municipal parking facility for motor vehicles of members of the general public, and to acquire land and property for such purpose, which the said municipality proposes to proceed with. Notice of the adoption of such ordinance shall be published once each week for three successive publications in a newspaper having a general circulation in the municipality, and shall specify a date, not less than twenty-one days after the first publication of such notice, at which the governing authorities of such municipality shall meet to hear any objections or remonstrances that may be made. Such notice need not describe or specify the contemplated location of such facility.
At said meeting, or at a time and place to which same may be adjourned, any aggrieved citizen of the municipality may appear in person, by attorney, or by petition, and object to or protest against the necessity of the establishment of such municipal motor vehicle parking facility. The governing authorities shall consider the objections and protests, if any, and may either amend, modify or rescind said ordinance, or enter an order making said ordinance final and authorizing the governing authorities to proceed with the establishment of such facility, including the acquisition of the necessary land and property.
Any citizen of said municipality aggrieved at such finding may, within ten days from the date the ordinance is made final, file a petition for an appeal to the circuit court of the district in which said municipality is located, where an issue shall be made up and tried as to the necessity of such parking facility for the public welfare. The petition for appeal shall be filed with the clerk of the said court and shall be accompanied by a bond in the sum of two hundred fifty dollars, conditioned according to law for the payment of such costs as may be finally adjudged against the appellant, which bond shall be approved by the clerk of said court. Upon the approval of the bond, the clerk shall issue process to the municipality giving notice of the said appeal and commanding it to be and appear before the next term of the court, then and there to answer the same. Upon receipt of the said notice of appeal, the municipality shall promptly make up and forward to the clerk of the said court in which the appeal is pending a certified copy of the entire record in the proceedings, as shown by the files and records in its office, which record shall be docketed by the clerk in the cause and the appeal shall be heard and considered by the judge of the court (without a jury) on said record. If the aggrieved party shall prevail, a judgment shall be entered reversing the action of the municipality and setting aside and annulling the ordinance appealed from. If, however, the action of the municipality in declaring the necessity for the parking facility be affirmed, a judgment shall be entered against the appellant for all costs and the cause shall be remanded for further action by the municipality.
Either party in said cause shall have the right to an appeal to the supreme court of the state from the judgment of the circuit court. Such appeal shall be perfected within ten days of the date of the entry of judgment by the circuit court by filing with the clerk thereof a good and sufficient bond, to be approved by the clerk, in the sum of five hundred dollars, conditioned to pay all costs that may accrue in such appeal, and the clerk shall promptly transmit to the supreme court the record in the cause.
§ 21-37-25. Parking facilities for motor vehicles; initiating procedures.
When governing authorities of any municipality shall determine that the establishment of a municipal parking facility is necessary, they shall adopt an ordinance declaring that parking spaces available along the city streets in the business district and privately-owned parking facilities are insufficient to relieve congested traffic conditions which are of such a serious nature as to be inimical to the public welfare, and that in order to relieve such conditions and promote the general welfare it is necessary for said municipality to establish, construct, and operate a municipal parking facility for motor vehicles of members of the general public, and to acquire land and property for such purpose, which the said municipality proposes to proceed with. Notice of the adoption of such ordinance shall be published once each week for three successive publications in a newspaper having a general circulation in the municipality, and shall specify a date, not less than twenty-one days after the first publication of such notice, at which the governing authorities of such municipality shall meet to hear any objections or remonstrances that may be made. Such notice need not describe or specify the contemplated location of such facility.
At said meeting, or at a time and place to which same may be adjourned, any aggrieved citizen of the municipality may appear in person, by attorney, or by petition, and object to or protest against the necessity of the establishment of such municipal motor vehicle parking facility. The governing authorities shall consider the objections and protests, if any, and may either amend, modify or rescind said ordinance, or enter an order making said ordinance final and authorizing the governing authorities to proceed with the establishment of such facility, including the acquisition of the necessary land and property.
Any citizen of said municipality aggrieved at such finding may, within ten days from the date the ordinance is made final, file a petition for an appeal to the circuit court of the district in which said municipality is located, where an issue shall be made up and tried as to the necessity of such parking facility for the public welfare. The petition for appeal shall be filed with the clerk of the said court and shall be accompanied by a bond in the sum of two hundred fifty dollars, conditioned according to law for the payment of such costs as may be finally adjudged against the appellant, which bond shall be approved by the clerk of said court. Upon the approval of the bond, the clerk shall issue process to the municipality giving notice of the said appeal and commanding it to be and appear before the next term of the court, then and there to answer the same. Upon receipt of the said notice of appeal, the municipality shall promptly make up and forward to the clerk of the said court in which the appeal is pending a certified copy of the entire record in the proceedings, as shown by the files and records in its office, which record shall be docketed by the clerk in the cause and the appeal shall be heard and considered by the judge of the court (without a jury) on said record. If the aggrieved party shall prevail, a judgment shall be entered reversing the action of the municipality and setting aside and annulling the ordinance appealed from. If, however, the action of the municipality in declaring the necessity for the parking facility be affirmed, a judgment shall be entered against the appellant for all costs and the cause shall be remanded for further action by the municipality.
Either party in said cause shall have the right to an appeal to the supreme court of the state from the judgment of the circuit court. Such appeal shall be perfected within ten days of the date of the entry of judgment by the circuit court by filing with the clerk thereof a good and sufficient bond, to be approved by the clerk, in the sum of five hundred dollars, conditioned to pay all costs that may accrue in such appeal, and the clerk shall promptly transmit to the supreme court the record in the cause.
