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• <br /> • <br /> 2. Where the need to provide mitigations on a facility <br /> by the horizon year is needed regardless of the <br /> proposed development and: <br /> a. the current level of Service is "D" or better, <br /> the traffic impacts of the development will be <br /> considered mitigated by a contribution of a <br /> share of the costs for the improvements based <br /> on the development's percentage of, the total <br /> peak hour traffic trips at the horizon year on <br /> the facility less existing peak hour traffic <br /> volume; or <br /> b. the current Level of Service is "E" or "F" , the <br /> traffic impacts of the development will be <br /> considered mitigated by a contribution of a <br /> share of the costs for the improvements based <br /> on the development' s percentage of the total <br /> peak hour traffic trips at the horizon year on <br /> the facility. <br /> D. Any agreement to provide monetary contributions in <br /> accordance with the provisions of this ordinance shall be in a <br /> form approved by the City Attorney. <br /> Section 3: <br /> That Section 11 of Ordinance No. 1670-89 as amended by Section 7 of <br /> Ordinance No. 1733-90 which reads as follows: <br /> Section 11 : In the event that the traffic impact analysis <br /> is not required in accordance with Section 3 of this ordinance, <br /> the project proponent shall mitigate the project' s transportation <br /> impacts in accordance with the provisions of this section. <br /> The proponent shall be required to pay a a mitigation fee <br /> in an amount equal to Eighty Dollars ($80) for each trip which <br /> the development will produce with a twenty-four (24) hour period <br /> as determined in the 4th Edition of the Trip Generation <br /> Guidelines as prepared by the Institute of Transportation <br /> Engineers plus fees and mitigation assessed pursuant to a Local <br /> Transportation Plan adopted by Council . Any agreement to pay in <br /> accordance with the provisions of this section shall be in a form <br /> approved by the City Attorney. Provided, if a project proponent <br /> disputes the Eighty Dollar ($80) fee described herein, the <br /> proponent has the option of having prepared at his/her own <br /> 7 <br />