§ 153.077 PRO RATA PAYMENTS.
   (A)   The developer shall be responsible for the construction of oversize or off-site access, utilities, drainage and other improvements necessary for his or her subdivision unless other provisions are approved by the City Council. Provisions for reimbursement of costs in excess of those necessary to serve the subdivision and any other provisions, shall be made a part of the developer’s contract. For a period of five years following the filing of the final plat, subsequent subdivisions utilizing such facilities shall pay any cost due prior developers as the use by the new subdivision bears to the amount due. Such prorated amounts will be made a part of any subsequent developer’s contract, collected by the City and repaid to the original developer making such improvements, not to exceed his actual share of the cost incurred.
   (B)   All such reimbursements or prorations shall be based on the actual cost of the improvements at the time of their construction. The original developer shall therefore provide the city with acceptable documentation of actual construction costs from which calculation of reimbursable amounts will be made for inclusion in the developer’s contract.
(Ord. 933, passed 8-9-05) Penalty, see § 153.999