Chapter XV
MISCELLANEOUS PROVISIONS

15.01 Debt Limit.

Indebtedness of the City shall not exceed the limits established by state law as now or hereafter constituted.

15.02 Claim for Injury on City Property.

In no event shall the City be liable in damages for an injury to a person, damage to property, or a death caused by a defect or dangerous condition in a City street, site, facility, or other City property unless the City has had prior actual notice of such defect or dangerous condition and has had a reasonable time and has sufficient staff and finances to thereafter repair or remove the defect or dangerous condition.

15.03 Tort Claims Against the City.

Tort claims against the City shall be subject to the state laws on Tort Claims Against Public Bodies (ORS 30.260 et seq.) as now or hereafter constituted.

15.04 Closure or Vacation of Arterial Streets.

Notwithstanding any other provision of this Charter or of law, the City, its Council, boards, commissions, agencies, or officers, shall close or vacate no arterial street or highway so as to reroute the traffic therefrom into an established residential neighborhood unless such closure or vacation shall first be approved by a majority of the owners of property within 100 feet of the proposed new route. For the purposes of this section, arterial street or highway is one having an average weekday traffic flow of 3000 vehicles or more. This prohibition shall not apply to a temporary closure of a street or highway for repairs, for installation of utility services, for use thereof in connection with a civic event or celebration, or for such other reasonable cause where such closure does not exceed fifteen days.

15.04.1 Rules and Regulations. The Council may adopt reasonable rules and regulations to apply the provisions of this section which are consistent with the intent of this section.

15.05 Alcoholic Beverages.

The Council shall not initiate nor refer any proposal for the sale or prohibition of the sale of alcoholic beverages of any kind within the City.

15.06 Special Assessments.

The procedure for levying, collecting, and enforcing the payment of special assessments for public improvements or other services to be charged against real property shall be governed by City ordinance.

15.07 Public Improvements.

The procedure for making, altering, vacating, or abandoning a public improvement shall be governed by general ordinance or, to the extent not so governed, by the applicable general laws of the state, as now or hereafter constituted.

15.08 Annexations.

Except for annexations for failing septic systems, health hazards or other annexations mandated by State law, annexations of more than one acre must be approved by a vote of the City’s registered voters.

15.09 Municipal Liens.

All municipal liens shall have priority superior to any and all other liens, regardless of the time a lien is filed.

15.10 Existing Ordinances and Pending Matters Continued.

All ordinances of the City in force when this Charter takes effect which are not inconsistent with this Charter shall remain in effect until amended, repealed, or lapsed. All matters, including, but not limited to, all rights, claims, actions, orders, contracts, franchises and administrative proceedings pending or in effect when this Charter takes effect shall continue.

15.11 This Charter may be amended by a vote of the City registered voters, in the manner provided by State law.

15.12 Effective Date.

This Charter shall be effective 30 days after its passage by a majority of City registered voters.