The village shall not be liable in damages sustained by any person, either to his person or property, by reason of or the negligence of the village, its officers, or employees, nor by reason of any defective highway, street, bridge, sidewalk, crosswalk or culvert, or by reason of any obstruction, ice, snow or other encumbrances upon such street, sidewalk, crosswalk or public highway, situated in the village, unless such person shall serve or cause to be served, within sixty (60) days after such injury shall have occurred, a notice in writing upon the Clerk, which notice shall set forth substantially the time and place of such injury, the nature of the defect, the manner in which it occurred, and the extent of such injury as far as the same has become known, the names and addresses of the witnesses known at the time by claimant, and a statement that the person receiving such injury intends to hold the village liable for such damages as may have been sustained by him. No person shall bring any action against the village for any damages to person or property arising out of any obstruction, ice, snow, or other encumbrance upon such street, sidewalk, crosswalk or public highway, situated in the village, unless he shall also present to the Clerk his claim in writing and under oath, setting forth particularly the nature and extent of such injury and the amount of damages claimed by reason thereof, which claim shall be presented to the Council by the Clerk.
It shall be a sufficient bar and answer in any court to any action or proceeding for the collection of any demand or claim against the village, under this section, that the notice of injury and the verified proof of claim, as in this section required, were not presented and filed within the time and in the manner as herein provided.
(Adopted 3-13-67)
The Council shall not accept dedication of streets unless and until the owners have provided facilities such as storm sewers and water mains, and laterals in both cases, surfacing of streets, sidewalks, street lighting, and any other facilities as required by the Council and acceptable to the Council and at least equivalent to services and facilities already available to residents in that section of the village. The Council shall establish specifications and standards of material and workmanship for all improvements required to be made under the provisions of this section and may require that all work done shall be subject to inspection and approval by the Village Manager or by a proper person designated by him. The village may refuse to accept, as compliance with the requirements of this section, any work, installation, or improvement which does not conform to the specifications or standards established by it. In the installation of such facilities prior to dedication there shall be no cost to the village. In lieu of compliance with the provisions of this section, the Council may accept payment of an amount equal to the cost of complying with the provisions of this section to defray the expense of doing such work or the making of such installation or improvement by the village.
(Adopted 3-13-67)
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