The Common Council shall have power to cause the boundaries of the City to be surveyed and permanent monuments to be placed to indicate the same, and a map to be made thereof. No encroachments on any sidewalk, alley, street, highway or public grounds in said City, shall operate to confer any right upon any person or corporation adverse to the City, but such encroachment shall be deemed a nuisance, and the City may, at any time, cause the same to be removed.
Whenever any real estate in said City shall be owned by two or more persons jointly, or as tenants in common, a notice served on one of such persons shall be sufficient notice to all, for any purpose requiring a notice under this Act (Laws 1917, Ch. 668).
The City shall be regarded as a town, under the provisions of the Code of Civil Procedure respecting the return of jurors, and the supervisors, or a majority of them, and the Clerk of said City shall perform the duties therein enjoined upon the supervisors, Assessors and Town Clerks of the several towns of the state, except that a duplicate of the return of jurors made by them shall be filed in the office of the City Clerk. For all other purposes except those provided for in this Act (Laws 1917, Ch. 668), the City shall be regarded as one of the towns of Broome County.
The expense of apprehending, examining, trying and committing offenders against any law of the state, in said City, and of their confinement, properly chargeable against the County of Broome, shall be audited, allowed and paid by the supervisors of said county, in the same manner as if such expenses had been incurred in any town of said County of Broome.
Charges against any City officer may be of disability for service, in which case the examination shall be one of inquiry, and the decision may be for honorable discharge from service; or of neglect, or violation of law or duty, inefficiency, intemperance, disobedience of orders, or unbecoming official or personal conduct, in which case the examination shall be a trial, and the offender may be punished as in this Act (Laws 1917, Ch. 668) provided.
Except as otherwise herein expressly provided, every officer elected or appointed for a definite term and in office when this Act (Laws 1917, Ch. 668) shall take effect shall continue in office for the term for which he or she was elected or appointed.
The provisions of this Act (Laws 1917, Ch. 668), so far as they are substantially the same, or cover the same subject matter, as those of any law repealed hereby, shall be construed as a continuance of such repealed law, modified or amended, according to the language employed herein and not as new enactments. References in law not repealed to the provisions of any law incorporated into this Act, shall be construed as applying to the provisions so incorporated. The meaning and effect of the terms and language used herein shall be construed in accordance with the provisions of the statutory construction law (General Construction Law). This Act is intended to be and shall be deemed and held in all courts to be a public act of which the courts shall take judicial notice and shall be liberally construed so as to carry into effect the objects and purposes thereof.
The repeal of a law, or any part of any law by the provisions of this Act (Laws 1917, Ch. 668), shall not affect or impair any act done or right accruing, accrued or acquired, or penalty, forfeiture or punishment, or any bar, limitation or defense incurred prior to the time when this Act takes effect, under or by virtue of the law so repealed, but the same may be asserted, enforced, prosecuted or inflicted as fully and to the same extent as if such law had not been repealed, except as to bars, limitations and defenses which it is specifically provided herein may not be asserted or enforced against the City, its boards or officers; and all actions or proceedings, civil or criminal, commenced under or by virtue of any law so repealed and pending when this Act takes effect, may be prosecuted and defended to final effect in the same manner as they might under such law so repealed, unless it be otherwise specifically provided herein. Any limitation or bar imposed by any act repealed hereby, shall be computed from the time when the same began to run, and if the whole time thereof has been completed when this Act takes effect, such bar or limitation shall become absolute, except as to bars, limitations and defenses which it is specifically provided herein may not be asserted or enforced against the City, its board or officers; but if the whole time thereof has not been completed, the time thereof which has run before the taking effect of this Act shall be computed as a part of the time provided by this Act as such limitation or bar. The repeal hereby of a law or part of any law, does not revive a law repealed by the law or part of a law hereby repealed and includes all laws amendatory of the laws hereby repealed, unless otherwise stated.
Nothing contained in this Act (Laws 1917, Ch. 668) shall be construed to repeal any statute of the state or ordinance of the City, or rule or regulation of the Board of Health or Bureau of Health, Water Commissioners of the City of Binghamton, or any other board, bureau, or department of the City, not inconsistent with the provisions of this Act, and the same shall remain in full force and effect when not inconsistent with the provisions of this Act, to be construed and operated in harmony with the provisions of this Act. The powers which are conferred and the duties which are imposed upon any officer or department of the City under any statute of the state, or any City ordinance which is in force at the time of the taking effect of this Act, shall, if such office or department be abolished by this Act, or otherwise by law, be thereafter exercised and discharged by the officer, board or department upon whom is imposed corresponding or like functions, powers and duties under the provisions of this Act. All contracts, made by the Water Commissioners of the City of Binghamton between the date that the provisions of the Second Class Cities Law, being Chapter 53 of the Consolidated Laws, became applicable to the City of Binghamton, and the first day of January, 1917, are hereby legalized, and all rules, and regulations made by said Water Commissioners of the City of Binghamton between said dates, or prior thereto and in force on the 31st day of December, 1916 are hereby ratified and to remain in full force and effect until changed, modified or repealed as provided by law. Where any contract has been entered into by the City, prior to the time of taking effect of this Act, or any bond or undertaking has been given to or in favor of the City, which contains provisions that the same may be enforced by some officer, board or department therein named, but by the provisions of this Act or otherwise by law, such office, board or department is abolished, such contracts, bonds and undertakings shall not in any manner be impaired and the duties imposed with reference to the same upon the officer, board or department which has been thus abolished shall thereafter be exercised and discharged by the officer, board or department upon whom is conferred or imposed like powers, functions or duties under the provisions of this Act (Laws 1917, Ch. 668).
Chapter 751 of the Laws of 1907 (except Title 17-A thereof, added by Chapter 268 of the Laws of 1915); Chapter 337 of the Laws of 1908; Chapter 135 of the Laws of 1909; Chapters 37, 67, 97 and 460 of the Laws of 1910; Chapter 337 of the Laws of 1911; Chapter 402 of the Laws of 1912; Chapter 158 of the Laws of 1913; Chapter 289 of the Laws of 1914 are hereby repealed and all acts or parts of acts inconsistent with the provisions of this Act (Laws 1917, Ch. 668) so far as they affect the City of Binghamton, and all City ordinances inconsistent herewith are hereby repealed. Such repeal shall not revive any act or ordinance repealed by a law or ordinance hereby repealed, but shall include all laws amendatory of the laws repealed, except as provided in this section. Such repeal shall not affect any right already existing or accrued or any liability incurred by reason of any violation of a law or ordinance heretofore existing, or any suit or proceeding already instituted or action had under the laws or ordinance, unless expressly provided in this Act. Nothing herein contained shall be construed to affect any of the acts or parts of acts to regulate and improve the civil service of the State of New York.