Every person elected or appointed to any office
under this Charter who shall be sued for any act done or commenced
by him or her by virtue of his or her office and who shall have final
judgment rendered in his or her favor, whereby he or she shall be
entitled to costs, shall recover twice the amount of his or her taxed
costs.
No person shall be an incompetent judge by reason
of his or her being an inhabitant or freeholder in the City of Auburn
in any action or proceeding in which said City is an interested party.
When corporations, associations, copartners,
joint tenants or tenants in common are to be served with a notice
under any provisions of this Charter or under the direction of the
Council, it shall be deemed a sufficient, valid and legal service
of such notice to serve a copy thereof upon the president, cashier,
treasurer, one of the directors or the managing agent of such corporation
or association or upon any one of such copartners, joint tenants or
tenants in common.
When filed in the office of the City Clerk,
an affidavit of service of any notice, either personally or by mail,
as required, or the affidavit of publication made by the publisher,
his or her clerk, editor or foreman, showing the required publication,
shall be presumptive evidence of such service or publication, as the
case may be, in all courts and places. A certified copy of such affidavit
made by the City Clerk may be read in evidence with like force and
effect as the original on file in his office.
Every act, ordinance, bylaw, public regulation,
resolution or proceeding of the Council of the City of Auburn may
be read in evidence in all courts and places in this state either:
A. From the record of the proceedings of the Council;
B. From a copy of such act, ordinance, bylaw, public
regulation, resolution or proceeding certified by the Mayor or City
Clerk, with the Seal of the City affixed; or
C. From the printed volume of ordinances, bylaws and
public regulations printed by authority of the Council.
All elective officers of the City in office
at the time this Charter takes effect shall be continued for the balance
of the terms for which elected, respectively, except as herein specially
provided. All other officers and employees in the service of the City
at the time of the adoption of this Charter shall be continued the
same as though originally appointed hereunder.
All ordinances, regulations and bylaws of the
City, including those established and adopted by the Water Board of
the City, in force at the time of the adoption of this Charter and
not inconsistent herewith are continued in full force and effect.
Any ordinance, regulation or rule inconsistent with the provisions
of this Charter is hereby repealed.
Wherever in this Charter it is provided that
any act or thing shall be done by or any powers are conferred or duties
imposed upon any officer for whom specific provision is not made either
in this Charter or in the Optional City Government Law, then such
act or thing shall be done by and such powers shall be conferred and
duties imposed upon such officer as may be appointed pursuant to ordinance,
or otherwise, to perform like or similar duties. Wherever in any ordinance,
regulation, resolution or bylaw or in any statute it is provided that
any act or thing may be done or performed or any license, permit or
permission granted by any body, officer or head of a department, the
same may be done, performed or granted by such body, department or
officer if continued under this Charter or any ordinance, and, if
not so continued, then by the body, department or officer exercising
and discharging like powers, functions or duties.
The qualified voters of the City of Auburn having
heretofore adopted the simplified form of government defined as Plan
C under the Optional City Government Law, known as "Chapter 444 of
the Laws of 1914," this Charter is intended, besides consolidating
and revising the special acts relating to the City of Auburn and constituting
its Charter as there defined, to supplement the provisions of such
Optional City Government Law, particularly in reference to the plan
therein named and defined as Plan C, and is to be considered and construed
in connection therewith, in extension thereof and as supplemental
thereto, and the provisions of such general law shall be applicable
to the City as far as may be.
This Charter shall take effect immediately.