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WHEREAS,the city will continue to monitor the growth occurring under the Comprehensive <br /> Plan and will periodically review and update the plan to make adjustments as needed to respond <br /> to changing circumstances and to ensure that growth in the community is of a desirable character <br /> and occurs in an orderly manner; and <br /> NOW,THEREFORE,THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1: Approval. <br /> Section 1 of Ordinance No. 2021-94, as amended, is hereby amended by adopting in accordance <br /> with the State of Washington Growth Management Act,the 2007 update to the Capital Facilities <br /> and Utilities Element of the comprehensive plan for the City of Everett, which is attached hereto <br /> as Exhibit 1; and <br /> Section 2: Validity <br /> Should any section, subsection,paragraph, sentence, clause or phase set forth in this ordinance or <br /> in Exhibit 1 or its application to any person or situation be declared unconstitutional or invalid <br /> for any reason, such decision shall not effect the validity of the remaining portions of this <br /> Ordinance or Exhibit 1 or its application to any person or situation. The City Council of the City <br /> of Everett hereby declares that it would have adopted this Ordinance and Exhibit 1 and each <br /> section, subsection, sentence, clause,phrase or portion thereof irrespective of the fact that any <br /> one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or <br /> unconstitutional. <br /> Section 3: Purpose <br /> It is expressly the purpose of this Ordinance to provide for and promote the health, safety and <br /> welfare of the general public and not to create or otherwise establish or designate any particular <br /> class or group of persons who will or should be especially protected or benefited by the terms of <br /> this ordinance. <br /> It is the specific intent of this Ordinance that no provisions or 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: Authority <br /> In addition to the authority provided by Chapter 36.70A RCW,the City adopts the capital <br /> facilities and utilities element of the comprehensive plan set forth in Exhibit 1 under its general <br /> 3 <br />