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inconsistent with the provisions of Chapters 41 and 42 of this title, the provisions of this <br /> chapter govern. <br /> BE AND THE SAME IS HEREBY AMENDED TO READ AS FOLLOWS: <br /> Designation—Who may apply. The proposal to include a specific area or property within <br /> the historic overlay zone may be initiated by the city or by an owner of property located <br /> within the proposed historic overlay zone. To the extent that these provisions are <br /> inconsistent with the provisions of this title, the provisions of this chapter govern. <br /> SECTION 75: Nothing in this ordinance shall be construed as abating any official <br /> action of the City now pending under or by virtue of any of the ordinances herein <br /> amended or superseded by the adoption of this ordinance or as waiving any right of the <br /> City under the policies, provisions and regulations amended or superseded by the <br /> adoption of this ordinance. <br /> SECTION 76: If any section, subsection, paragraph, sentence, clause or phrase set forth <br /> in this ordinance or its application to any person or situation be declared unconstitutional <br /> or invalid for any reason, such decision shall not affect the validity of the remaining <br /> portions of this ordinance or its application to any other person or situation. The City <br /> Council of the City of Everett hereby declares that it would have adopted this ordinance <br /> and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of <br /> the fact that any one or more sections, subsections, sentences, clauses, phrases or portions <br /> be declared invalid or unconstitutional. <br /> SECTION 77: It is expressly the purpose of this ordinance to provide for and promote <br /> the health safety and welfare of the general public and not to create or otherwise establish <br /> or designate any particular class or group of persons who will or should be especially <br /> protected or benefited by the terms of this ordinance. <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 <br /> or employees. <br /> Nothing contained in this ordinance is intended nor shall be construed to create or form <br /> the basis of any liability on the part of the City, or its officers, employees or agents, for <br /> any injury or damage resulting from any action or inaction on the part of the City, its <br /> officers, employees or agents. <br /> 62 <br />