[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.
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.
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.
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]
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.
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.