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expense a Traffic Analysis as described in this ordinance and as <br /> approved by the City' s Traffic Engineer and mitigate the <br /> transportation impacts in accordance with Sections 9(C)(1 ) and <br /> 9(C) (2) of this ordinance. <br /> be and the same is hereby amended to read 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 latest edition of the Trip Generation <br /> Guidelines as prepared by the Institute of Transportation <br /> Engineers and approved by the City Engineer plus fees and <br /> mitigation assessed pursuant to a Local Transportation Plan <br /> adopted by Council. Any agreement to pay in accordance with the <br /> provisions of this section shall be in a form approved by the <br /> City Attorney. Provided, if a project proponent disputes the <br /> Eighty Dollar ($80) fee described herein, the proponent has the <br /> option of having prepared at his/her own expense a Traffic <br /> Analysis as described in this ordinance and as approved by the <br /> City' s Traffic Engineer and mitigate the transportation impacts <br /> in accordance with Sections 9(C)(1 ) and 9(C) (2) of this ordinance. <br /> Section 4: That Ordinance No. 1670-89 is hereby amended by the addition of <br /> the following section: <br /> In the event that transportation programs are otherwise adopted <br /> by the City Council under authorization and requirements such as <br /> Chapter 39.92 RCW, Chapter 36.73 RCW or the 1990 Growth <br /> Management Act, mitigation of all the traffic and transportation <br /> impacts within the scope of those programs will be required under <br /> those programs and not under the requirements of this ordinance. <br /> Section 5: Severability. <br /> Should any section, subsection, paragraph, sentence, clause or phrase of <br /> this ordinance or its application to any person or situation be declared <br /> unconstitutional or invalid for any reason, such decision shall not affect <br /> the validity of the remaining portions of this ordinance or its application <br /> to any other person or situation. The City Council of the City of Everett <br /> hereby declares that it would have adopted this ordinance and each section, <br /> subsection, sentence, clause, phrase or portion thereof irrespective of the <br /> 8 <br />