The Common Council shall audit and pass upon all claims and demands against the city corporation, and may allow the whole or part of any claim, or disallow it entirely, as herein provided. No claim or demand shall be allowed or audited unless the money to pay the same shall have been voted at a tax meeting, or unless the Common Council shall have provided for the same in the tax budget and raised the same by a tax for such purpose prior to such audit as provided by this Act.
Upon the auditing of claims against said city by the Common Council, a warrant to the amount thereof shall be drawn upon the Director of Finance, to be signed by the Mayor and countersigned by the City Clerk, and shall thereupon be paid by the Director of Finance and filed in his office, but no account or claims against said city shall be paid until it shall have been presented to the Common Council and audited and allowed by them.
Except as otherwise provided by law, every account or claim shall be audited or allowed by the Common Council before payment thereof is made, and the Common Council may by resolution determine that such claim be presented in such form as they or the Director of Finance shall prescribe and that each claim shall be presented by itemized voucher containing a statement that the amount claimed remains due, owing and unpaid, that the service was actually rendered, or the disbursement actually and necessarily made, or the supplies or equipment actually delivered. Said claim should be presented in the form of an invoice, contract or other form of voucher.
Claims for a fixed salary, for the principal or interest on indebtedness or amounts becoming due upon lawful contracts for periods exceeding one (1) year, may be paid without filing of the claim as stated in this section.
The Common Council may, by resolution, enact rules and regulations not inconsistent with law, governing the examination of the claimant and of his claim and such other matters deemed material.
Nothing in the last preceding section shall be construed to prevent the Common Council from disallowing any account or claim in whole or in part when so made out and certified.
Every account or claims against said city presented to the Common Council in any year shall be filed with the Director of Finance and by him numbered from number one (1) upward, in the order in which presented, and a memorandum made thereon at the time of presenting the same, the name of the person in whose favor it may be made out, and of the person by whom it shall be presented, and the amount allowed thereon, all of which shall be entered in the proceedings of the Common Council.
Every warrant drawn by the Common Council to pay any account or claim shall specify the fund from which it is payable and said warrant shall refer to such account by its number, the name of the person in whose favor it is made out, and the time when it was presented, and a memorandum of such reference and of the amount of the warrant shall be entered in the records of the Common Council.
No payment shall be made by the Director of Finance from any money belonging to said city except upon the warrant of the Common Council as hereinbefore provided, endorsed on or annexed to the account or the claim for which it is payable, and when such warrant shall be paid, the City Chamberlain shall file and keep the same, together with the papers presented to him therewith, as required by this Act.
No action or proceeding to recover any claim, debt or demand against the city shall be brought until the expiration of ninety (90) days after the claim, debt or demand shall have been presented to the Common Council for audit. All actions brought against the city upon contract liability expressed or implied must be commenced within (1) year from the time that the cause of action accrued, or if for injuries to the person or property caused by negligence, within one (1) year from the time of receiving the injuries, and in other causes within six (6) months after the refusal of the Common Council to allow the claim. All claims against the city shall, without delay and within ninety (90) days after the happening of such damage or injury, be presented by or in behalf of the claimant to the Mayor or to the Common Council of Norwich, signed and duly verified by the claimant, describing the time, the particular location of the place where the injury occurred, and the cause, nature and extent of the injury or damage, and unless such claim is so presented as aforesaid within (90) days, the claimant shall be forever barred and estopped from bringing or maintaining any action or proceeding against the city to recover for such injury or damage, unless notice of claims be served pursuant to Section 50-e of the General Municipal Law.
The City Attorney shall cause all claims for personal injuries to be thoroughly investigated, and to that end the City Attorney or his duly authorized representative may take proof, examine witnesses, and require the claimant, with the privilege of counsel, to appear before and be sworn by any judge or justice, or the Mayor, or any notary public, and answer questions relative to, or that may assist him in ascertaining, the City's liability or the extent thereof. The claimant may designate another time and place for the examination if he shall, be physically unable to appear. Such examination shall be held within ninety (90) days after the presentation of such claim, but the time therefor may be further extended by any judge or justice, on notice to both parties. Where such examination is required, no action shall be commenced on the claim until the examination is held.
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, crosswalk, grating, opening, drain or sewer being defective, out of repaid, unsafe, dangerous or obstructed, unless previous to the occurrence resulting in such damages or injuries five (5) days' written notice of the defective, unsafe, dangerous, obstructed condition of said street, highway, bridge, culvert, sidewalk or crosswalk was actually given to the Mayor of the city and there was a failure or neglect on the part of said city within a reasonable time after the receipt of such notice to repair or remove the alleged defect, danger or obstruction. A civil action shall not be maintained for damages or injuries to the person sustained solely in consequence of the existence of snow or ice upon any sidewalk, crosswalk or street unless previous to the occurrence resulting in such damages or injuries written notice thereof, relating to the particular place, was also given to the City Engineer 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.
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 Section 50-e of the General Municipal Law, nor unless an action shall be commenced thereon, within one (1) year 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 expiration of three (3) months after the service of said notice.
Except as otherwise provided by the Local Finance Law, neither the Common Council or any officer of the city shall have the power to make any contract or incur any debt or obligation against the city or impose any liability upon the city for any purpose beyond the fiscal year in which such contract shall be made or such debt or liability incurred, except as provided in Section 63, Paragraph 17, of this Act, and further excepting such leases and contracts as may be entered into by the city for a term exceeding one (1) year. If any member of the Common Council or any officer of the city shall in any way assume to create a debt or incur any liability on account of or against said city, or to appropriate or pay any money, or use of apply any property or thing of value belonging to said city, for any purpose, or in any manner whatsoever, contrary to the provisions of this Charter or the Local Finance Law, he shall be deemed guilty of a misdemeanor, and he shall also be personally liable to any person injured for such debt or property or thing of value thus misapplied, or for any damage that may accrue to said city. Any person thus injured or said city may prosecute for any violation of this section in any court of civil jurisdiction in this state.