The corporation known as the City of Port Jervis, and included
within the boundaries of said city as fixed by the provisions of this
Charter, and all property real and personal, rights, powers, privileges
and contracts, possessed, owned, occupied, exercised or enjoyed by,
and all duties, contracts, obligations and liabilities imposed upon,
said City of Port Jervis, are hereby vested in, and imposed upon,
the City of Port Jervis. The Common Council of the City of Port Jervis
is hereby authorized and empowered in the name of, and for and in
behalf of, the City of Port Jervis to enforce all such rights, powers,
privileges and contracts; and the rights and privileges of all persons
or parties that may have arisen or accrued under, pursuant to or by
reason of any such contracts, obligations or liabilities on the part
of said city shall remain and be the same under this Charter as they
would have been under the previous Charter of said city. All actions
and special proceedings heretofore commenced by or against said city,
and now pending undetermined, may be continued. The City of Port Jervis
shall be liable for the bonded and other indebtedness of the city
previously incurred.
All existing local laws, ordinances, resolutions, rules and
regulations of the City of Port Jervis shall be and continue in force
in the City of Port Jervis with the same force and effect as if duly
adopted and published by the Common Council, except as the Common
Council shall modify, amend or repeal the same, subject to the provisions
of this Charter.
Except as herein otherwise provided, all moneys belonging to
said city shall be paid to the City Clerk-Treasurer thereof and deposited
to the credit of the general fund, and all payments of moneys made
by said city, or by any department, agency, board or officer of said
city, when authorized by or in pursuance of law, and the fund from
which such payment is to be made is not otherwise designated, shall
be made from the general fund.
All officers or other persons, with the exception of the City
Court, who shall receive any money for or belonging to the city, by
or under the provisions of this Charter, or otherwise, shall, by not
later than the next business day after its receipt, pay the same over
to the Clerk-Treasurer of the city and take his receipt therefor,
except as otherwise provided in this Charter.
Highway bridges within the City of Port Jervis shall be constructed
and maintained by said city, and highway bridges within the Town of
Deerpark shall be constructed and maintained by said town. The expense
of the construction and maintenance of highway bridges within the
said city and the said town shall, by the Common Council of the said
city and the Town Board of said town, respectively, be annually reported
to and audited by the County Legislature of Orange County, and apportioned
by said County Legislature between the said city and the said town
in proportion to their assessed valuation, as the same shall appear
on their respective assessment rolls as annually equalized by the
said County Legislature; provided, however, that no item of expense
for the construction or maintenance of a highway bridge within said
town exceeding one thousand five hundred dollars ($1,500.) shall be
chargeable to or payable by said city unless the same shall have been
previously approved by the Common Council thereof.
The Charter of the City of Port Jervis may be read in evidence
from the volume containing such Charter printed by authority of the
Common Council, or from a copy certified by the City Clerk-Treasurer.
Every local law, ordinance or resolution of the Common Council may
be read in evidence either from a certified copy made by the City
Clerk-Treasurer or from the volume of local laws, ordinances and resolutions
printed by authority of the Common Council.
From and after the time when this Charter shall take effect,
all legislation and parts of legislation inconsistent with or repugnant
to this Charter are hereby repealed; but nothing herein contained
shall be constructed so as to destroy or take away any right or remedy
acquired or given by any legislation hereby repealed; and all proceedings
commenced under any such former legislation shall, and may be, carried
out and completed, and all prosecutions for any offense committed,
or penalty or forfeiture incurred, shall be carried on with the same
effect as though this Charter had not been adopted. But such repeal
shall not revive any legislation or part thereof heretofore repealed.
If any provision or provisions of this Charter are held to be
invalid, ineffective, unconstitutional in whole or in part or inapplicable
to any person or situation, it is the purpose and intent of this Charter
that such determination shall not affect the validity, force and effect
of any other provision or provisions thereof.
The Common Council may, at any time, repeal, modify or amend
this Charter.
This Charter shall take effect January 1, 1974.
