§ 138-5. Alleys.

(a)

The city is not and shall not be responsible for the maintenance of alleys, with the exception of three alleys (sometimes referred to as "public alleys") which have been historically maintained by the city. These three alleys are located in the central business district, connect major thoroughfares, are paved, and serve general transportation and public purpose. The alleys thus excepted are:

(1)

Mortgage Place, N.W., from Carnegie Way to Ellis Street.

(2)

Equitable Place, N.E., from Auburn Avenue to Edgewood Avenue.

(3)

Cain Place, N.W., from International Boulevard to Harris Street.

(b)

The city has no interest in, and shall not be responsible for any other alley within the city limits. Public service vehicles such as garbage trucks, fire safety vehicles, or police vehicles may make use of alleys in the provision of their service. However, none of these or other historic or present uses shall constitute public ownership of, interest in, or responsibility for said alleys.

(c)

The city shall not maintain or improve any private alley provided however the city is an abutting property owner or the alley serves as access to a city facility.

(d)

When the city shall need to acquire real property, right-of-way, or, easements within an alley, the city has and will, barring evidence to the contrary, assume the centerline of the alley to be the property line between abutting private properties, and shall consider the area within the alley to belong in equal proportions to the abutting property owners. Calculations as to the value of such property or property rights to be acquired shall be made accordingly.

(Ord. No. 2001-22, § 1, 3-14-01)