§ 38-402. General requirements.
(a)
Fee established; calculation. The city council hereby establishes a disaster warning siren fee which shall be calculated as follows:
Fee = Number of Acres Platted × Cost per Acre* *The cost per acre will be based upon the cost of the last bid siren.
The number of acres served is determined by the radius (feet) served by the siren squared, times 3.1416, divided by 43560.
Example: If a siren serves a 5,000-foot radius the formula would be:
5,000 × 3.1416 ÷ 43,560 = 1,803 acres If the cost of the last bid siren was $23,150.00, the fee would be $12.84 per acre ($23,150.00 ÷ 1,803 = $12.84.)
(b)
Payment required. The city council hereby establishes that the owner of any property which is to be developed, and to which this article applies, shall pay to the city at the time of subdivision platting or upon issuance of a building permit for existing platted lots at the effective date of the ordinance from which this article is derived a disaster warning siren fee to provide for the early warning siren needs created by such development, in accordance with the provisions of this article.
(c)
Time of payment. Payment of the disaster warning siren fee required herein shall be paid as a condition of approval of any final plat or replat. Payment shall be made prior to the filing of the plat unless otherwise stated in a facilities agreement approved by the council. In the case of existing platted lots, the fee shall be paid at the time of issuance of the building permits.
(d)
Early warning siren fund. All cash payments paid to the city in accordance with this article shall be deposited in a separate early warning siren fund. The city shall account for all such payments with reference to each development for which the payment is made.
(e)
Use of funds. Any payments made to the early warning siren fund shall be used solely for the acquisition, development, expansion or upgrading of early warning sirens.
(f)
Right to refund. If all or part of the payments made pursuant to this article are not expended, or not under contract to be expended for the purposes authorized in this article, within ten years of the date that 95 percent of all certificates of occupancy have been issued for the completed development of the property for which the payments were made, the person or entity who made such payment shall be entitled to a refund of all unexpended funds if a written request for such refund is made within one year of entitlement. If no such timely request is made, the right to a refund of the unexpended funds shall be considered waived.
(g)
Disaster warning siren map. The city secretary shall maintain a disaster warning siren map open to public inspection, indicating the sphere of influence of the early warning sirens put in place.
(Code 1982, § 24-73; Ord. No. 98-11, § 2, 4-6-1998)