The payback provisions of this article shall only apply to street and drainage facilities
which are constructed outside of the property being developed by the subdivider. Any
street or drainage facilities constructed within the subdivision or property of the
subdivider shall not be taken into consideration when determining the amount of payback
under this article. It is hereby declared that all street and drainage facilities
constructed under the provisions of this article shall be in all respects owned, managed,
controlled and regulated by the city, and connections made therewith shall be governed
and regulated by the city, and connections made therewith shall be governed and regulated
in the same manner as connections with any street and drainage facility, except that
the right is hereby reserved to subdividers constructing same to receive, for use
by private individuals, a payback for the subdivider's cost of constructing the street
or drainage facility. The payback amount is to be based on a pro rata share of the
initial cost of the construction as it relates to the number of square feet in the
tract being serviced or benefited by the construction of the street or drainage facility.
The amount of reimbursement to the subdivider constructing the street or drainage
facility shall be established by the city council after a hearing which establishes
the cost of the construction and the area to be serviced or benefited by such construction.
(Code 1978, § 5-72; Code 1993, § 66-137)
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