The corporation counsel shall be the head of
the department of law and shall be and act as legal adviser of the
council and the several boards, officers and departments of the city.
He shall appear for and protect the right and interests of the city
in all actions, suits and proceedings brought by and against it or
any city officer, board or department; and such officers, boards or
departments shall not employ other counsel.
No written contract providing for the payment
of two hundred and fifty dollars, 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 officer, board or department, which
has executed the same on behalf of the city, had authority and power
to make such contract, and that such contract is in proper form and
properly executed; and he shall attend to all the law business of
the city, and discharge such other duties as may be prescribed in
the ordinances of the council.
The corporation counsel shall, whenever he considers
that the best interests of the city will be subserved thereby, enter
into an agreement, in writing, subject to the written approval of
the board of estimate and contract, to compromise and settle any claim
against the city, which agreement shall be reported to the council
at its next meeting, and be and constitute a valid obligation against
the city; and the amount therein provided to be paid shall, with interest
thereon at six per centum from its date, be included in the next city
tax budget; and when raised by tax be paid to the claimant. If, however,
before the adoption of the budget there shall be received by the chamberlain
from any source any moneys not otherwise appropriated, the amount
in the agreement provided to be paid shall be paid out of such moneys
so received as far as they will satisfy the same.
The corporation counsel, with the written consent
of the mayor, may employ counsel at such compensation as may be fixed
by the board of estimate and contract,[1] to assist him in the argument and conduct of important
cases in which the city is interested or a party.
[1]
Editor's Note: At the time of this compilation,
it appears that the duties of the Board of Estimate and Contract specified
in this section are being performed by the Council.
No civil action shall be maintained against
the city for damages, or injuries to persons 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 from such damages or injuries
written notice of the defective, unsafe, dangerous, obstructed condition
of said street, highway, bridge, culvert, sidewalk or crosswalk was
actually given to the general manager and that 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 general manager, 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 persons 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 year after the happening of such action, 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 three months 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 limitations now applicable to any claim or cause of action against the city, but on the contrary shall be held to be an additional requirement for the right to maintain such action. Nor shall anything herein contained be held to modify any existing rule of law relative to the question of contributory negligence, nor to impose upon the city any greater duty or obligation than that it shall keep its streets, and public places in an a reasonably safe condition for public use and travel. (L.L. 1-1954, § 1, 12-17-1953)
The amount of any judgment recovered against
the city and payable by it, remaining unpaid, with the interest 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 council, immediately after the same shall have become
payable; and such amount shall be raised in the next levy of taxes
for the expenses of the city, unless execution upon such judgment
shall be stayed. Such judgments shall be paid out of the first moneys
paid into the city treasury on account of such levy, in order of their
recovery. Until the money so raised shall be paid into the treasury
and payment of judgment refused, no execution shall issue against
the city, unless the amount of such judgments shall not have been
included in the tax levy.
No person shall be disqualified from acting
as judge or juror by reason of being a taxpayer or resident of the
City of Watervliet in any action or proceeding in which the city is
a party, or otherwise interested.
All proceedings for the acquisition of property
for public purposes shall be taken under the provisions of the Condemnation
Law. Whenever any public work authorized by law shall be undertaken
the city may take for such purpose such interest or easement in lands
held or used for public purposes by, any corporation, taken by eminent
domain, or otherwise, as may be necessary for carrying out such work.
The council may exchange or sell at private
sale or auction upon a published notice, any property, acquired by
the city for public use, and which at any time shall not be required
for such purpose.
