underline-strikeout version of the final draft ordinance - Pima County ...

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For May 4, 2010 BOS HearingTHIS THE CLERK OF THE BOARD FORMAT!!!carry out the provisions of this title. All drainage design standards, river and basin managementplans, riparian preservation and mitigation standards, environmental protection, or other land-useplans approved by Pima County and the Flood Control District are hereby incorporated into thistitle. All applicable floodplain management, flood hazard and flood control regulations, rules andstandards promulgated by the state of Arizona and the federal government are herebyincorporated into this title. (Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999 FC-1 § 1 (part), 1999;Ord. 1988 FC-2 Art. 2 (F), 1988)16.04.060Interpretation of provisions-conflict resolution.A. In the interpretation and application of this ordinance, all provisions shall be:1. Considered as minimum requirements;2. Liberally construed in favor of the governing body; and3. Deemed to neither limit nor repeal any other powers granted to Pima County under any statestatute.B. Where this title conflicts with or overlaps with any other ordinance or regulation, easement,covenant or deed restriction, whichever imposes the more stringent restrictions for the health,safety, and welfare of the public, or protection of natural resources, shall prevail. (Ord. 2010 FC-1; Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 2 (D),1988)16.04.070Cooperative agreements and consultants.Pima County may retain consultants and experts, and may enter into cooperative agreements forthe delineation of regulatory floodplains, floodways, riparian habitat, and erosion hazard areas,or for other assistance and guidance considered appropriate and necessary. (Ord. 2005 FC-2 § 2(part), 2005; Ord.1999 FC-1 §§ 1 (part) 1999; Ord.1988 FC-2 Art. 20 (A), 1988)16.04.080Units of measure.All units of measure contained in this title, whether expressed or implied, are intended to be inthe English system of units. (Ord. 1999 FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 20 (C), 1988)16.04.090Warning and disclaimer of liability.The degree of flood protection required by this title is considered reasonable for regulatorypurposes, and is based on engineering and scientific methods of study. Larger floods may occuron occasion or the flood height may be increased by manmade or natural causes, such as bridgeopenings restricted by debris. This title does not imply that areas located outside of theregulatory floodway, floodway fringe area, floodplain, riparian habitat, or erosion hazard areas,or land-uses permitted within such areas, will be free from flooding or flood damage. This titleshall not create liability on the part of Pima County, the Pima County Flood Control District orany officer or employee thereof for any flood damages that may result from reliance on this titleor any administrative decision based upon this title. (Ord. 2005 FC-2 § 2 (part), 2005; Ord. 1999FC-1 § 1 (part), 1999; Ord. 1988 FC-2 Art. 3, 1988)4
For May 4, 2010 BOS HearingTHIS THE CLERK OF THE BOARD FORMAT!!!16.04.100SeverabilityThis Ordinance and the various parts thereof are hereby declared to be severable. Should anysection of this Ordinance be declared by the courts to be unconstitutional or invalid, suchdecision shall not affect the validity of the Ordinance as a whole, or any portion thereof otherthan the section so declared to be unconstitutional or invalid. (Ord. 2010 FC-1)5
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