Charter Chapter 12 Miscellaneous Provisions

Section 36. PRESUMPTION OF VALIDITY OF CITY ACTION.  In every proceeding in any any court concerning the exercise or enforcement by the city or any of its officers or agencies of any power by this act given to the city or any of its officers or agencies, all acts by the city or any of its officers 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 admission which does not affect a substantial right of the person.  Any action committed by this charter to the discretion of the council is final, when taken and may not be reviewed or called into question elsewhere.

Section 37. EXISTING ORDINANCES CONTINUED.  All ordinances of the city consistent with this charter and in force when it takes effect remain in effect until amended or repealed.

Section 38. REPEAL PREVIOUSLY ENACTED PROVISION.  All charter provisions of the city enacted prior to the time that this charter takes effect are hereby repealed except that no exhausted grant of power to issue bonds is repealed and no repeal of these previous charter provisions affects the validity of an outstanding bond issue by the city or impairs the obligations of the city under the bond or the rights of the holders of that bond.

Section 39. EFFECTIVE DATE OF REVISION.  This revised Charter has legal effect on and after February 17, 1981.

Unanimously passed by the City Council of the City of Drain, Oregon, December 9, 1980.  Recorded Douglas County Courthouse, March 9, 1981, Book 782, pages 538 thru 550.