Eugene Charter - 2002 - Laserfiche WebLink

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Eugene Charter Chapter XII Miscellaneous Provisions Section 48. Presumption of Validity of City Action. In every proceeding in any court concerning the exercise or enforcement by the city or any of its officers or employees or agencies of any power by this act given to the city or any of its officers or employees or agencies, all acts by the city or any of its officers, employees or agencies shall be presumed to be valid, and no error or omission in any such act invalidates it, unless the person attacking it alleges and proves that he or she has been misled by the error or omission to his or her damage; and the court shall disregard every error or omission which does not affect a substantial right of the person. Any action by this charter committed to the discretion of the council, when taken, shall be final and shall not be reviewed or called into question elsewhere. Section 49. in this charter. Scrivener' s Errors; Renumbering of Sections. By ordinance, the council may correct scrivener's errors and may re-number and change the sequence of sections Section 50. Effective Date of Revision. The 2002 amendments to this revised charter take effect on December 5, 2002. Chapter XIII Amendments Section 52. Amendment II (1) Trees (a living, standing, woody plant having a trunk 25 inches in circumference at a point 4 lA feet above mean ground level at the base of the trunk) of at least fifty years of age within publicly owned rights of way for streets, roads, freeways, throughways, and thoroughfares and within those portions of the city which were in the incorporated boundaries of the city as of January 1, 1915, shall be designated historic street trees and recognized as objects of high historic value and significance in the history of the city and deserving of maintenance and protection. (2) No street, road, freeway, throughway, or thoroughfare may be widened by the city, nor may the city enter into any agreement approving or facilitating the widening of such street, road, freeway, throughway, or thoroughfare if such widening will result in the removal of any historic street tree unless the widening is first approved by a majority of the voting electors of the city in a city election conducted in accordance with law and unless the agreement is entered into within a time specified by the measure approved by the voters. (3) The city may, however, without prior approval, assist in the preparation of - 14- 12/5/2002