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1 Analysis as described in this ordinance and as approved by the <br /> City' s Traffic Engineer and mitigate the transportation impacts <br /> 2 in accordance with Sections 9(C)(1 ) and 9(C)(2) of this ordinance. <br /> 3 <br /> Section 8: That Section 12 of Ordinance No. 1670-89 which reads as <br /> 4 <br /> follows: <br /> 5 <br /> 6 Section 12: Payment of all fees shall be made prior to <br /> final plat approval in the case of subdivisions and short <br /> 7 subdivisions and in all other cases it shall be prior to the <br /> issuance of any building permits. All fees generated under this <br /> 8 ordinance shall be identified to transportation system facility <br /> improvements which require mitigation as a direct result of the <br /> 9 proposed development and may be expended all or in part on only <br /> such improvements so identified. The fees shall be expended in <br /> 10 all cases within five (5) years of collection. Any fees not so <br /> expended shall be refunded with interest at the rate applied to <br /> 11 judgments to the property owners of record at the time of the <br /> refund; however, if the payment is not expended within five (5) <br /> 12 years due to delay attributable to the project proponent, the <br /> payment shall be refunded without interest. <br /> 13 <br /> 14 be and the same is hereby amended to read as follows: <br /> 15 <br /> Section 12: Payment of all fees shall be made prior to <br /> 16 final plat approval in the case of subdivisions and short <br /> subdivisions and in all other cases it shall be prior to the <br /> 17 issuance of any building permits. All fees generated under this <br /> ordinance shall be obligated or expended on transportation <br /> 18 facility improvements which have been identified as being <br /> required to mitigate the impacts resulting from the proposed <br /> 19 development and said fees may be obligated or expended, all or in <br /> part, on only such improvements so identified. The fees shall be <br /> 20 obligated or expended in all cases within five (5) years of <br /> collection. Any fees not so obligated or expended shall be <br /> 21 refunded with interest at the rate applied to judgments to the <br /> property owners of record at the time of the refund; however, if <br /> 22 the payment is not obligated or expended within five (5) years <br /> due to delay attributable to the project proponent, the payment <br /> 23 shall be refunded without interest. <br /> 24 <br /> Section 9: Severability <br /> 25 <br /> If any provision of this ordinance or its application to any person or <br /> 26 <br /> circumstance is held invalid, the remainder of this ordinance, or the <br /> 27 <br /> 28 <br /> 29 <br /> 30 <br /> 31 <br /> 32 <br /> 8 <br />