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NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1. The Capital Improvement Plan contained in Exhibit A of Ordinance#2021-94, as <br /> amended, is amended by the addition of the text contained in"Exhibit A,"which is attached <br /> hereto and incorporated herein by reference. <br /> Section 2. Should any section, subsection,paragraph, sentence clause or phrase set forth in this <br /> ordinance or its application to any person or situation be declared unconstitutional or invalid for <br /> any reason, such decision shall not affect the validity of the remaining portions of this ordinance <br /> or its application to any other person or situation. The City Council of the City of Everett hereby <br /> declares that it would have adopted this ordinance and each section, subsection, sentence, clause, <br /> phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, <br /> sentences, clauses,phrases or portions be declared invalid or unconstitutional. <br /> Section 3. It is expressly the purpose of this ordinance to provide for and promote the health, <br /> safety and welfare of the general public and not to create or otherwise establish or designate any <br /> particular class or group of persons who will or should be especially protected or benefited by <br /> the terms of this ordinance. <br /> It is the specific intent of this ordinance that no provisions nor any term used in this ordinance is <br /> intended to impose any duty whatsoever upon the City or any of its officers or employees. <br /> Nothing contained in this ordinance is intended nor shall be construed to create or form the basis <br /> of any liability on the part of the City, or its officers, employees or agents, for any injury or <br /> damage resulting from any action or inaction on the part of the City, its officers, employees or <br /> agents. <br /> Section 4. The enactment of this ordinance shall not affect any case,proceeding, appeal <br /> or other matter currently pending before the City or in any court, or waive any right of the <br /> City in existence at the time of passage of this ordinance. <br /> .4/./ / <br /> l W• ' t I. HANS: , Mayor <br /> ATTEST: <br /> /?4 <br /> CITY CLERK <br /> Passed: 12/26/01 <br /> Valid: 1/02/02 <br /> Published: 1/0 7/02 <br /> Effective Date: 1/18/0 2 <br /> ci116 <br />