§ 443.10. Paving "T" alleys.

(a) Whenever the city council shall determine to cause to be paved, repaved or macadamized an alley in the city under the provisions of Chapter 10 of the city charter, it shall by resolution determine and designate in a general way, as nearly as may be convenient, the character and extent of the improvement and the materials to be used therein. If such alley is what is known as a "T" alley, the city council may by such resolution direct the city engineer, in addition to the report of cost of the improvement required by Section 8 of Chapter 10 of the charter, to include in such report the following:

Where as a result of the paving, repaving or macadamizing of a "T" alley any lot is to be assessed for the improvement along the rear thereof, and the cross alley of such "T" alley runs along the side of any such lot, the city engineer shall report the cost of such improvement along the side of such lot as required by Section 8 of Chapter 10 of the City Charter, and shall also report his recommendation as to the percentage of such cost to be assessed against such lot. Such recommendation as to the percentage to be assessed for such improvement along the side of such lot shall be based upon the judgment of the city engineer as to the actual special benefit accruing to such lot by reason of the improvement.

(b)

The city council, at the time of the consideration of such report, estimate and list of the city engineer required by Section 8 of Chapter 10 of the Charter, shall consider such recommendations of the city engineer, and shall hear all persons interested in the matter who may desire to be heard. If the city council shall determine to go on with such improvement it shall, in taking its action estimating and fixing upon the cost of such improvement, fix and determine the percentage of cost to be assessed by reason of the fact that the side of lots or tracts abut upon such cross alley. The percentage of such costs not levied upon such lots shall be paid out of the permanent improvement fund of the city, and in no case shall any of the unassessed portion of such costs be levied against any other lots abutting upon such "T" alley, it being the intention of this chapter that where cross alleys are improved along the rear and side of lots or tracts which are being assessed for the same at the rear thereof, the amount of cost exceeding special benefits shall be borne as a general city charge. (Code 1960, As Amend., § 577.020; Pet. No. 250548, § 11, 10-13-89)