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• <br /> 5 <br /> To provide for the continued operation,maintenance, and expansion of the City's Water Pollution <br /> Control facility as necessary to protect the public health, safety and welfare, while encouraging <br /> public access and wetland restoration actions that will not conflict with the facility. <br /> Classification Criteria <br /> Areas currently owned by the City of Everett containing the City's Water Pollution Control <br /> Facility. <br /> Area Designated (See Figure 4.21) <br /> Portion of Smith Island within the City limits located east of the east right-of-way line of I-5. <br /> The waterward boundary is the ordinary high water mark. Provided that any area located more <br /> than 200 feet from the OHWM and floodway and that is not in the floodplain is not in shoreline <br /> jurisdiction. <br /> SECTION 9: Exhibit A to Ordinance No. 2600-02, as amended, and Ordinance No. <br /> 1671-89 as amended and codified as Chapter 19.33D Everett Municipal Code are hereby <br /> amended as follows: <br /> Figures 4-1—4.23 are hereby replaced with Figures 4.1—4.23 as contained in Exhibit A to this <br /> ordinance. <br /> SECTION 10: Nothing in this ordinance shall be construed as abating any official action of the <br /> City now pending under or by virtue of any of the ordinances herein amended or superseded by <br /> the adoption of this ordinance or as waiving any right of the City under the policies, provisions <br /> and regulations amended or superseded by the adoption of this ordinance. <br /> SECTION 11: If 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 12: 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 the <br /> terms of this ordinance. <br /> It is the specific intent of this ordinance that no provision 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 /> 6 A <br /> 19 <br />