§ 85.10 Notice of claim. No act shall be done or action or special
proceeding shall be prosecuted or maintained seeking to apply or enforce
against the municipality or any covered organization, or their funds,
property, receivables or revenues, any order, judgment, lien, set-off or
counterclaim relating to any contract, debt or obligation, direct or
indirect, of the municipality, including but not limited to any bond,
note or other evidence of indebtedness, or seeking the assessment, levy
or collection of taxes by or for the municipality or the application of
any funds, property, receivables or revenues of the municipality or any
covered organization, unless: (a) payment by the municipality or covered
organization in connection with such contract, debt or obligation is due
or overdue; and (b) a demand for payment shall have been made and served
upon the municipality, in compliance with section 85.20 of this title,
and thirty days shall have elapsed since the service of such demand; and
(c) any complaint, petition or other moving paper seeking any relief as
aforesaid shall contain an allegation that at least thirty days have
elapsed since the service of such demand and that adjustment or payment
has been neglected or refused.