Chapter X

 

Chapter X, Section 40 - Debt Limit

Except by consent of the voters the city, voluntary floating indebtedness shall not exceed $10,000. For the purposes of calculating the limitation, however, the legally authorized debt of the city in existence at the time this charter takes effect shall not be considered. All city officials and employees who create or officially approve any indebtedness in excess of these limitations shall be jointly and severally liable for the excess.

Chapter X, Section 41 - Torts

In no event shall the city be liable in damages to any person for an injury to person or property caused by a defect or dangerous place in a sidewalk, crosswalk, street, alley, sewer, public ground, public building, drain, gutter, ditch, or way, unless the city has had actual notice prior to the injury that the defect or dangerous place existed and a reasonable time thereafter in which to repair or remove it. Nor shall the city be liable for any other torts, acts, omissions or causes whatsoever. In no case shall more than $500 be recovered as damages for an injury resulting from such a defect or dangerous place or from such act, omission or cause. No action shall be maintained against the city for damages growing out of such an injury unless the claimant first gives written notice to the council within 30 days after the injury is sustained, stating specifically the time when, the place where, and the circumstances under which it was sustained; and that he or she will claim damage therefor of the city in an amount which he or she specifies. Nor shall the action be maintained unless 30 days have elapsed after the presentation of this notice to the council.

Chapter X, Section 42 - Existing Ordinances Continued

All ordinances of the city consistent with this charter and in force when it takes effect shall remain in effect until amended or repealed.

Chapter X, Section 43 - Continuation of Rights and Liabilities

No right or liability of the city existing at the time this charter takes effect shall be impaired or discharged by adoption of this charter, except as this charter otherwise provides.

Chapter X, Section 44 - Repeal of Previously Enacted Provisions

All charters and charter amendments of the city enacted prior to the time that this act takes effect, as except may be herein otherwise provided, are hereby repealed.

Chapter X, Section 45 - Time of Effect of Charter

This charter shall take effect on January 11, 1955, provided however, that all officers presently elected to hold office until the second Tuesday in January, 1957, shall continue on in office as elected.

Adopted by the people of the city of Hermiston, Oregon, at the general election November 2, 1954.

Ratified by the Common Council of the city of Hermiston, November 3, 1954.