CHAPTER X
MISCELLANEOUS PROVISIONS

Sections:

Section 41.    TORTS.

Section 42.    Intentionally deleted (Ballot Measure 9-147, 2022)

Section 43.    DEBTS.

Section 44.    CONTINUATION OF ORDINANCES.

Section 45.    REPEAL.

Section 46.    SEVERABILITY.

Section 47.    TIME OF EFFECT.

Section 41. TORTS.

In no event shall the city be liable for damages for an injury to person, a damage to property, or a death, caused by a defect or a dangerous condition in a public thoroughfare, site, or facility, unless the city has had actual notice prior to the injury, damage, or death that the defect or condition existed and has had a reasonable time thereafter in which to repair or remove it. In no case shall more than $500 be recovered as damages for an injury, damage, or death resulting from such a defect or dangerous place. No action shall be maintained against the city for damages growing out of such injury, damage, or death unless the claimant first gives written notice to the council within 30 days after the injury, damage or death is sustained, stating specifically the time when, the place where, and the circumstances under which it was sustained, and that he will claim damages therefor of the city in an amount which is specified. But in no event shall the action be started until 30 days have elapsed after the presentation of this notice to the council.

Section 42. Intentionally deleted (Ballot Measure 9-147, 2022)

Section 43. DEBTS.

The city’s indebtedness may not exceed debt limits imposed by state law. A city officer or employee who creates or officially approves indebtedness in excess of this limitation is jointly and severally liable for the excess. A charter amendment is not required to authorize city indebtedness.

Section 44. CONTINUATION OF ORDINANCES.

Insofar as consistent with this charter, and until amended or repealed; all ordinances in force when the charter takes effect retain the effect they have at that time.

Section 45. REPEAL.

All charter provisions adopted before this charter takes effect are hereby repealed

Section 46. SEVERABILITY.

The terms of this charter are severable. If a part of the charter is held invalid; that invalidity does not affect another part of the charter, except as the logical relation between the two parts requires.

Section 47. TIME OF EFFECT.

This charter takes effect November 5, 2003; as amended on November 8, 2022, which amendment takes effect January 1, 2023.