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It is the intention of the electors of Philadelphia that if this charter cannot take effect in its entirety because of the judgment of any court of competent jurisdiction holding invalid any part or parts thereof, the remaining provisions of the charter shall be given full force and effect as completely as if the part or parts held invalid had not been included herein. It is the intention of the electors that if any court of competent jurisdiction shall hold invalid any provisions of this charter transferring to an office, department, board or commission the powers and duties heretofore exercised and performed by an officer, department, board or commission abolished by this charter, the provisions abolishing such office, department, board or commission shall thereby become inoperative, and that in such event, such office, department, board or commission shall not be abolished, but shall continue as prior to the adoption of this charter. The remaining provisions of this charter shall in any such case be given full force and effect.
Sources: The Administrative Code of 1929, Act of April 9, 1929, P.L. 177, Section 2901.
Purposes: If any provision of this Charter is declared to be invalid, the remainder of the Charter is to remain in complete effect. While a declaration of invalidity of a transfer of powers and duties may reestablish an abolished agency, a remedy is available by way of amendment of this Charter.