There shall be a City Attorney who shall report to the Council
regarding all legal matters affecting the City. The Mayor shall appoint
the City Attorney, and the Council shall establish his or her compensation.
The City Attorney shall serve as general legal advisor and shall be
responsible for providing legal services and guidance to the City
and all its departments and entities. The City Attorney shall maintain
regular and updated records and shall report to the Council on the
progress of all legal matters conducted by or on behalf of the City,
as required.
The Council may, from time to time, engage legal professionals
to provide additional legal service to the City or to any department
or entity. Contracts with all such legal professionals shall be reviewed
and approved by the Council.
Service of legal papers on the City of Saratoga Springs shall
be made in accordance with the provisions of § 311 of the
Civil Practice Law and Rules of the State of New York. All legal papers
served on the City shall be immediately delivered to the City Attorney's
office.
8.3.1
Civil action. 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 out of repair, unsafe, dangerous, or obstructed,
or in consequence of the existence of snow or ice thereon, unless
written notice of the defective, unsafe, dangerous, or obstructed
condition, or the existence of the snow or ice, was actually given
to the Commissioner of Public Works and there was failure or neglect
within a reasonable time after such notice to repair or remove the
defect, danger, or obstruction complained of, or to cause snow and
ice to be removed, or for the place to be made otherwise reasonably
safe.
8.3.2
Index record. The City shall keep an index record, in
a separate book, of all written notices that it receives of the existence
of such defective, unsafe, dangerous, or obstructed condition, or
of such snow or ice. The record shall state the date of receipt of
the notice, the nature and location of the condition stated to exist,
and the name and address of the person from whom notice is received.
8.3.3
Notice upon the City. No action shall be maintained
against the City for damages or injuries to person or property pursuant
to this section, unless notice is served upon the City in a manner
consistent with the General Municipal Law.
The City may acquire or lease property for public purposes in
any lawful manner, including proceedings under the Eminent Domain
Proceedings Law.
Whenever any public work authorized by law shall be undertaken,
the City may take by eminent domain lands held or used for public
purposes by any corporation, for the purpose of carrying out such
work.
Upon a published notice, the Council may change or sell for
fair value, at private sale or auction, any property of the City.
