City of North Tonawanda, NY ARTICLE VI MISCELLANEOUS PROVISIONS

Sec. 6.001 Boards and commissions.

(a) The common council may, by ordinance or local law, create such boards and commissions as it deems advisable and shall provide by ordinance for the composition, organization and functions of such boards and commissions.

(b) Except as otherwise provided by state law, members of advisory boards shall be appointed by the mayor.

Sec. 6.002 Negligence actions and claims; actions and claims for street defects.

(a) Claims for any of the following shall be presented in writing to the common council within 90 days after the date of the alleged injury or damage:

(1) Personal injury or property damage alleged to have been caused or sustained by reason of any defects in, want of repair of, or obstruction of any of the highways, streets, alleys, sidewalks, or crosswalks, or public places of the city.

(2) Personal injury or property damage or alleged to have been caused by the misfeasance or negligence of the city, or any of its officers or employees.

(b) Claims filed pursuant to subsection (a) of this section shall give the name and address of the claimant, the time, place, cause, nature and extent of the alleged injuries or damages, as far as practicable, and such other information as shall be necessary to describe the circumstances under which the damage or injury occurred. All claims shall be verified by an affidavit of the claimant or his agent or attorney to the effect that the same is true to the claimant's knowledge, or the claimant's best information and belief.

(c) The failure to file any such claim in the manner and within the time in this section provided shall be a bar to any action against the city on such claim. No action shall be commenced against the city on any duly presented claim until three months after from[1] the presentation thereof, nor shall any such claim be maintained against the city which shall not have been commenced within one year after the cause of action accrued.

[1] *So in original.

(d) No action shall be maintained for damages or injuries to the person sustained in consequence of the existence of snow or ice upon any sidewalk, crosswalk, or street, nor for damages or injury to person or property alleged to have been caused or sustained by reason of any defects in, want of repair of, or obstruction of any of the highways, streets, alleys, sidewalks, crosswalks or public places of the city unless written notice thereof relating to the particular place, was actually given to the common council and there was a failure or neglect to cause such snow or ice to be removed, or the place otherwise made reasonably safe or repaired within a reasonable time after the receipt of such notice.

(e) Every process commencing an action against the city shall be served on the mayor.

(f) Subject to approval by the mayor, a two-thirds majority of the common council may pay, compromise or settle any such claim which may be made against the city for damages or injuries, provided such claim is presented within the time, and in the manner prescribed in this section.

(g) This section does not repeal or modify any existing requirement or statute of limitations. This section does not modify any existing rule of law relative to the question of contributory negligence or impose upon the city any greater duty or obligation than that it shall keep its streets and public places in a reasonably safe condition for public use and travel.

Sec. 6.004 Franchises. [1]

(a) In this section "franchise" means consent to construct, maintain or operate poles, wires, pipes, conduits or other construction in, under or along the streets, alleys, highways or public places of the city.

(b) No franchise shall be granted until the person applying for same files with the common council a signed application therefor describing the character of the franchise desire and such facts as will enable the common council to act intelligently thereon. The person applying for the franchise shall also pay to the city a sum of money determined by the common council to be sufficient to defray the expenses of giving the notices provided by this section.

(c) Prior to granting a franchise the common council shall cause a notice of the time and place of the meeting at which the franchise will be initially considered in a newspaper of general circulation in the city. The notice shall be published once each week for two weeks prior to the meeting.

(d) If the common council refuses to grant a franchise, such refusal may be reconsidered only at the meeting at which the council refused to grant the franchise. Any further consideration of the franchise will require that a new application be filed and compliance with subsections (b) and (c) of this section.

(e) No franchise shall be granted for a term of over 25 years unless the franchise contains provisions for the franchisee to annually pay to the city a franchisee fee of at least 2 1/2 percent of the franchisee's gross receipts derived from business transacted within the city.

[1] *So in original.