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<br />(G) kvlGd sGlially f01 Gapitell acqul~ition, constiuGtion, 01
<br />Icconst1uctioll spcdfkelll} atlthorized by thG vOtG1S, 01
<br />(d) authollzed by nOllGhaJ.tG1 lllGelStlre applovcd by tllG vote1~ elite1 the}
<br />app10\-G this afnenchllGnt.
<br />(4) This alYJ.GUdlllGut has GffGct only if the \-otGl~ approvG Dallot 1-fcastlrG No. 52 on
<br />1-lay 20, 1980.]
<br />
<br />Section 52. Amendment II
<br />(1) Trees (a living, standing, woody plant having a trunk 25 inches in
<br />circumference at a point 4 Y2 feet above mean ground level at the base of the trunk) of at least fifty
<br />years of age within publicly owned rights of way for streets, roads, freeways, throughways, and
<br />thoroughfares and within those portions of the city which were in the incorporated boundaries of the
<br />city as of January 1, 1915, shall be designated historic street trees and recognized as objects of high
<br />historic value and significance in the history of the city and deserving of maintenance and protection.
<br />(2) No street, road, freeway, throughway, or thoroughfare may be widened by the
<br />city, nor may the city enter into any agreement approving or facilitating the widening of such street,
<br />road, freeway, throughway, or thoroughfare if such widening will result in the removal of any
<br />historic street tree unless the widening is first approved [my] by a majority of the voting electors of
<br />the city in a city election conducted in accordance with law and unless the agreement is entered into
<br />within a time specified by the measure approved by the voters.
<br />(3) The city may, however, without prior approval, assist in the preparation of
<br />preliminary plans and specifications, and statements of impact necessary for obtaining financial
<br />assistance for the street, road, freeway, throughway, or thoroughfare widening, all of which shall be
<br />available to the public at the city hall prior to the election on the street, road, freeway, throughway,
<br />or thoroughfare widening which would result in the removal of historic street trees.
<br />(4) Prior to the election, a map and description of the proposed widening and
<br />removal of historic street trees shall be published at least once a week for four (4) consecuti ve weeks,
<br />in the newspaper with the largest general circulation published in the city. .
<br />(5) Street, road, or thoroughfare widening projects confined to intersections only,
<br />and intended to improve those intersections shall be exempt from the requirement for approval by
<br />the voting electors of the city for the removal of historic street trees.
<br />(6) In the event an historic street tree is to be removed in order to widen a street,
<br />road, freeway, throughway, or thoroughfare, the city, if it is the governmental unit implementing the
<br />project, shall allocate a portion of the project budget to a fund dedicated to helping maintain the
<br />city's remaining historic street trees. If a governmental unit other than the city is implementing the
<br />widening project, the city may not enter into any agreement approving or facilitating said widening
<br />project unless the implementing governmental unit agrees to allocate a portion of the project's budget
<br />to a fund dedicated to helping maintain the city's remaining historic street trees.
<br />(7) Any officer or employee of the city or of any public utility may act to remove
<br />an historic street tree if necessary to remove or alleviate an immediate danger to life or property; to
<br />restore utility service; to reopen a public thoroughfare to traffic; or to remove obstructions to the
<br />view of vehicular operators at intersections.
<br />(8) An emergency is hereby declared to exist and this charter amendment, being
<br />enacted by the city in the exercise of its police power for the purpose of meeting such emergency,
<br />and for the immediate preservation of the public peace, health, and safety, shall take effect
<br />immediately upon approval by the electors of the city of Eugene and shall supersede any and all
<br />
<br />Exhibit A - 9
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