[HISTORY: Adopted by the Common Council of the City of Cohoes 12-22-2009 by L.L. No.
13-2009. Amendments noted where applicable.]
No written contract providing for the payment of $250 or more
entered into by the City or any of its officers, boards or departments
shall be acted under until there shall be endorsed thereon by the
Corporation Counsel a certificate to the effect that the City Officer,
board or department which has executed the same on behalf of the City
had authority and power to amend such contract and that such contract
is in proper form and properly executed; and he/she shall attend to
all the law business of the City and discharge such other duties as
may be prescribed in the ordinances of the Common Council.
The Corporation Counsel shall pay over at once to the City Treasurer
all moneys collected by him/her for or on behalf of the City, including
fines and penalties, and he/she shall annually, on the first Tuesday
of February, file with the Mayor of the City an inventory of all the
books and property belonging to the City in his/her custody. He/She
shall keep a docket, in which shall be entered at length all actions
and proceedings in which he/she shall appear for the City, and which
docket shall show at all times the condition of all such actions or
legal proceedings.
A.
The Corporation Counsel may enter into an agreement, in writing, to compromise and settle any claim against the City. Compromises, settlements, or adjustments over $1,000 shall be subject to the approval by resolution of the Common Council. Compromises, settlements, or adjustments of $1,000 or under shall be subject to the approval of the Board of Managers. Said agreements, once approved, shall constitute a valid obligation against the City, and the amount therein provided to be paid shall be paid, with interest thereon from its date not to exceed the interest rate as set by statute, the same in all respects as judgments against the City. For the purpose of this section, claims are defined as any matter in which a notice of claim is filed pursuant to § 41-5 of this Code; or any other demand for money, property, or a legal remedy to which one asserts a legal right as against the City, except those under the exclusive purview of the Comptroller pursuant to § 37-1 of this Code.
B.
Nothing in this section shall prevent the City's insurers from
adjusting claims or settling litigation pursuant to their contractual
duties and rights. All insurance policies and contracts with insurers
shall only be entered into by the City with the approval by resolution
of the Common Council.
The amount of any judgment recovered against the City and payable
by it, remaining unpaid, with the interest due thereon, in case no
appeal is intended to be taken or in case such judgment is finally
affirmed on an appeal taken, shall be reported by the Corporation
Counsel to the Common Council immediately after the same shall have
become payable; and, unless execution upon such judgment shall be
stayed, such amount shall be included in the next City tax budget
and raised in the next levy of taxes for the expenses of the City
or raised by the issuance of obligations pursuant to the Local Finance
Law in the fiscal year in which said judgment shall become payable
or in the fiscal year immediately next following. Until the money
so raised shall be paid into the treasury and payment of judgment
refused, no execution shall be issued against the City unless the
amount of such judgment shall not have been included in the tax levy
or provided for by the issuance of obligations as aforesaid, provided,
nevertheless, that if there are any moneys in the treasury to the
credit of a fund derived from the revenues of the City other than
taxation not otherwise appropriated sufficient to satisfy judgments,
the Common Council shall direct the payment therefrom of such judgments
in the order of their recovery.
A.
No civil action shall be maintained against the City for damages
or injuries to person or property sustained in consequence of any
street, highway, bridge, culvert, sidewalk or crosswalk being defective,
out of repair, unsafe, dangerous or obstructed, unless, previous to
the occurrence resulting in such damages or injury, written notice
of the defective, unsafe, dangerous or obstructed condition of said
street, highway, bridge, culvert, sidewalk or crosswalk was actually
given to the Commissioner of Public Works or the Corporation Counsel,
and there was a failure or neglect within a reasonable time after
the receipt of such notice to repair or remove the defect, danger
or obstruction complained of. No such action shall be maintained for
damages or injuries to the person or property sustained solely in
consequence of the existence of snow or ice upon any sidewalk, crosswalk
or street unless written notice thereof, relating to the particular
place, was actually given to the Commissioner of Public Works and
there was a failure or neglect to cause such snow or ice to be removed
or the place otherwise made reasonably safe within a reasonable time
after the receipt of such notice. Notice sent through electronic mail
shall not constitute written notice as defined in this section.
[Amneded 5-10-2011 by L.L. No. 5-2011]
B.
The City shall not be liable in a civil action for damages or injuries
to person or property or invasion of personal or property rights of
any name or nature whatsoever, whether casual or continuing, arising
at law or in equity, alleged to have been caused or sustained, in
whole or in part, by or because of any omission of duty, wrongful
act, fault, neglect, misfeasance or negligence on the part of the
City or any of its agents, officers or employees, unless a notice
of claim shall have been made and served in compliance with § 50-e
of the General Municipal Law, nor unless an action shall be commenced
thereon within one year and 90 days after the happening of such accident
or injury or the occurrence of such act, omission, fault or neglect;
but no action shall be commenced to recover upon or enforce any such
claim against the City until the expiration of 30 days after the service
of said notice. Nothing herein contained, however, shall be held to
revive any claim or cause now barred by any existing requirement or
statute of limitations, nor to waive any existing limitation now applicable
to any claim or cause of action against the City.
C.
Nothing in this section shall be construed to enlarge any duty imposed
upon the City by § 9-103 of the New York State General Obligations
Law.
It shall be the duty of every member of the police force of
the City, observing or having any knowledge of any accident from which
a cause of action might arise against the City, to forthwith report
the facts of such accident to the Corporation Counsel; and upon the
request of the Corporation Counsel, the Chief of Police shall detail
some member of the force to aid the Corporation Counsel in the investigation
of claims against the City for injuries to person or property.
