Mississippi § 21-37-25 - Repealed.

§ 21-37-25. Repealed.

Repealed by Laws, 2010, 2nd Ex Sess., ch. 30, § 7, effective from and after passage (approved Sept. 3, 2010.) § 21-37-25 . [Codes, 1942, § 3374-169; Laws, 1946, ch. 414; Laws, 1950, ch. 491, § 169; Laws, 1956, ch. 399; Laws, 1958, ch. 515.] Editor’s Notes — Former § 21-37-25 provided certain procedures to be followed by municipalities in order to establish, construct and operate a municipal parking facility for motor vehicles of members of the general public. Cross References — Establishment and operation of parking facilities authorized, see § 21-37-23 . Funding for parking facilities, see § 21-37-27 . Enactment of an ordinance reserving parking spaces for handicapped persons, see § 27-19-56 . JUDICIAL DECISIONS 1.-5. [Reserved for future use.] 6. Under former law. 1.-5. [Reserved for future use.] 6. Under former law. An ordinance declaring that it is the purpose of the city to avail itself of the provisions of Laws 1946, ch. 414, to establish parking facilities in the city is not sufficient to authorize the city thereafter to establish such parking facilities as it may desire without the adoption of an ordinance declaring the necessity therefor. City of Jackson v. Craft, 36 So. 2d 149 (Miss. 1948). Laws 1946, ch. 414, requires the governing authority of a municipality to determine whether the parking facility it proposes to establish is necessary and will relieve traffic congestion before it adopts the ordinance establishing the facility, and before public notice is given of the adoption thereof. City of Jackson v. Craft, 36 So. 2d 149 (Miss. 1948). When a municipality desires to establish a parking facility, it must comply with the provisions of section 5 of the statute (Laws 1946, ch. 414) by adopting an ordinance, in language appropriate to the requirements of that section, declaring that a specified municipal parking facility is necessary to relieve street traffic congestion, the description or specification of the contemplated location being required by necessary implications. City of Jackson v. Craft, 36 So. 2d 149 (Miss. 1948). A City Council has no authority, under Laws 1946, ch. 414 to delegate to the Mayor the duty of selecting the locality for the parking facilities it proposes to establish and determining the necessity therefor. City of Jackson v. Craft, 36 So. 2d 149 (Miss. 1948). RESEARCH REFERENCES ALR. Municipal establishment or operation of off-street public parking facilities. 8 A.L.R.2d 373. Application of requirement that newspaper be locally published for official notice publication. 85 A.L.R.4th 581.