Chapter X Miscellaneous Provisions
Section 41 Torts.
In no event shall the city be liable in damages to any person for any 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 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 resulting from such a defect or dangerous place. 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 180 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 will claim damages therefor of the city an amount which he specifies. 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 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of the city consistent with this charter and in force when it takes effect shall remain in effect until amended or repealed.
Section 43 Repeal of previously enacted provisions.
All charter provisions of the city enacted prior to the time that this charter takes effect are hereby repealed.
Section 44 Time of effect of charter.
This charter shall take effect immediately upon its adoption by the people of the city of Yoncalla, Oregon.