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17.2. Compilation and update. This ordinance is a compilation of and replaces existing <br /> previously adopted traffic mitigation ordinances (Ordinance Nos. 1670-89, 1773-90, 1754-90, <br /> 1781-91, and related ordinances that extended these ordinances). This ordinance supersedes <br /> prior ordinances and updates them in order to be consistent with and implement the City's <br /> comprehensive plan, as well as the improved permit processing and project review process <br /> adopted in EMC Title 15. This ordinance clarifies study requirements and maintains standards <br /> governing use of the environment substantially similar to those in existing plans and laws. <br /> Section 19 of this ordinance repeals the previous interim traffic mitigation ordinances. <br /> 17.3. Savings. Except as specifically provided in section 15, the enactment of this ordinance <br /> shall not affect any case, proceeding, appeal, or other matter in any court of before the City or in <br /> any way modify any obligation, right or liability, civil or criminal, which may be in existence on <br /> the effective date of this ordinance or as may exist by virtue of any of the ordinances herein <br /> superseded or repealed. <br /> 17.4. Third Party Liability. This ordinance is intended to provide for and promote the health, <br /> safety and welfare of the general public, and is not intended to create or otherwise establish or <br /> designate any particular class or group of persons who will or should be especially protected or <br /> benefited by the terms of this ordinance. It is the specific intent of this ordinance to place the <br /> obligation of complying with its requirements upon the applicant. <br /> It is the specific intent of this ordinance that no provision nor any term used in this <br /> ordinance is intended to impose any duty whatsoever upon the City or any of its officers or <br /> employees, for whom the implementation and enforcement of this ordinance shall be <br /> discretionary and not mandatory. <br /> Nothing contained in this ordinance is intended to be nor shall be construed to create or <br /> form the basis for any liability on the part of the City, or its officers, employees or agents, for <br /> any injury or damage resulting from the failure of an applicant to comply with the provisions of <br /> this ordinance, or by reason or in consequence of any inspection, notice, order, certificate, <br /> permission or approval authorized or issued or done in connection with the implementation or <br /> enforcement pursuant to this ordinance, or by reason of any action or inaction on the part of the <br /> City related in any manner to the enforcement of this ordinance by its officers, employees or <br /> agents. <br /> 17.5. Interpretation. The City Engineer may interpret the requirements of this chapter on a <br /> case-by-case basis, consistent with the purposes set forth in Section 1 of this chapter. The City <br /> Engineer and Responsible Official are authorized to promulgate rules and regulations consistent <br /> with the terms of this policy. <br /> 17.6. In the event that transportation impact fee or other mitigation programs are otherwise <br /> adopted by the City Council under other authorization and requirements such as RCW 39.92, <br /> RCW 36.73 or the Growth Management Act, RCW 36.70A and B, et seq., mitigation of the <br /> 14 <br />