CHAPTER X
MISCELLANEOUS PROVISIONS

Sections:

Section 41.    TORTS.

Section 42.    SYSTEM DEVELOPMENT CHARGES.

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. SYSTEM DEVELOPMENT CHARGES.

(1) The purpose of this charter provision is to insure that new development bear the full cost of existing and future capital improvements affected by the development.

(2) The City of Sisters shall impose system development charges upon new development associated with public capital improvements, including connections to such improvements, to the extent allowed by State law and subject to any limitations provided by federal and state constitutions and the laws of the State of Oregon. System development charges shall include reimbursement fees to the City of Sisters for the costs of increased usage of existing capital improvements by new developments. System development charges shall also include improvement fees for an equitable share of projected capital improvements required to increase the capacity of improvements associated with new developments. Applicants for new development permits shall pay system development charges determined in accordance with a methodology designed to allocate to new development the full cost of existing and proposed capital improvements to the extent associated with the new development. Payment of system development charges may be deferred at the discretion of the city to no later than issuance of a certificate of occupancy. The system development charges and the methodology for their determination shall be periodically updated to reflect amendments to the City of Sisters capital improvement plan and other relevant factors.

(3) The City of Sisters may waive system development charges for affordable housing provided by nonprofit organizations. In exchange for a waiver, the housing shall be affordable for a period of fifty (50) years. Violation of this agreement shall require full payment of system development charges.

(4) As used in this provision, all definitions of terms shall be as defined by the laws of the State of Oregon, and, in addition, “development” means: The first establishment of a use involving the construction or the placing of structure upon a parcel of land that was not occupied by any structure prior to that event; or any construction, alteration or change of occupancy which increases the usage of any capital improvement or which creates additional demand upon existing capital improvements.

(5) If any part of this charter provision violates the Constitution of the United States, or the Constitution of Oregon, or the laws of either, it alone will be invalidate, and the remainder of this charter provision shall remain in force.

(6) The City of Sisters shall implement this charter provision within 180 days of its passage. (Ballot Measure 9-62, 1998).

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.