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oR I (o Jt ik)i) IW BK 7826 PG 311 12 of 20 November 5 1990, and provided further that such credit shall be given only to the extent of the amount of the transportation impact fee that would have been imposed upon such replaced building, structure, or use. 4. Credits may be transferred within the zone in which the fee is collected, provided, however, that the transfer to another property shall not be permitted until the development for which the credit was initially established has been completely built out in accordance with City development approvals. 5. Any credit will be issued to the person who paid for or financed the construction of the transportation facility or who donated the right -of -way for which the credit was established, or his successor or assign. SECTION 13. PAYMENT /COLLECTION.. A. Except as otherwise provided in this ordinance, a person shall pay the transportation impact fees as set forth herein, unless, and only to the extent that: 1. The person is determined to be entitled to a credit pursuant to Section 12 above; or 2. The person is determined to not be subject to the payment of transportation impact fees pursuant to Section 12. B. Transportation Impact Fees shall be due and paid based on the following schedule: 1. Twenty -five percent (25 %) shall be paid upon issuance of any building or development permits for any new or, additional land development activity generating traffic except single family and duplex dwellings. 2. Seventy -five percent (75%) shall be paid prior to release of final power (pre- meter) for the structure. The fee for any single family or duplex dwelling is due prior to release of final power (pre- meter) for the dwelling. C. Transportation impact fees collected by the City shall be held separate and distinct from all other City revenues. D. The payment of the transportation impact fee shall be in addition to all other fees, impact fees, charges, or assessments due for the issuance of a building permit, a site development permit, a certificate of occupancy, or a Final Inspection. E. The obligation for payment of the transportation impact fee shall run with the land. SECTION 14. CITY ENFORCEMENT. The City Manager is specifically authorized to take any and all steps and actions that are legally available to the City, including any court proceedings as are authorized by law, against any person who fails, neglects or refuses to pay a transportation impact fee as required by this Ordinance. The city shall also be entitled to file a lien upon the real property, and may enforce same in the manner as action for foreclosure. In any action to foreclose a lien pursuant to this ordinance the city shall, in addition to damages, be entitled to reasonable attorney fees. This provision shall apply retroactively as well as prospectively. Knowingly furnishing false information to the City Manager or other official in charge of the administration of this _ .___ ___ _...__ _..l..a:._ 4.. 41... ...7.«; «;..H..,t:n« `.f e nriiinanre chall rrinctitiitP. a