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74-81 Submit to voters Article VII Sect 1 - Law Director
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74-81 Submit to voters Article VII Sect 1 - Law Director
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Last modified
5/14/2013 3:09:58 PM
Creation date
12/21/2005 5:22:27 AM
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Office Of Council
Document Type
Ordinances
Date
12/21/2005
Date Adopted
7/27/1981
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(c) The Council or any member of Council, the Mayor, the <br />director of any department, or any officer, board or commission <br />not included w~thzn a department, may requzre the opmnion of <br />the Director of Law uoon any question of law involving thezr <br />zespect~ve powers or duties. <br /> <br /> (d) The Director of Law shall apply, mn the name of the <br />City to a court of competent 3ur~sdiction for an order of <br />znounctzon to restramn the m~sapptication of funds of the <br />City, or the abuse of its corporate powers, or the executmon <br />or performance of any contract made in behalf of the City in <br />contravention of law, or which was procured by fraud or <br />corruption. <br /> <br /> (e) Y~en an obligation or contract made on be[alf of the <br />City grantzng a right or easement, or creating a public duty, <br />is being evaded or vzolated, the Director of Law shall likewise <br />apply for the forfeiture or the specific performance thereof <br />as the nature of the case requires. <br /> <br /> (f) In case any officer, board or commission fails to <br />perform any duty requzred by law~ the Director of Law shall <br />apply to a court of competent jurisdiction for a writ of <br />mandamus to compel the performance of such duty. <br /> <br /> (g) In case the Director of Law, upon request of any <br />taxpayer of the City, fa~ls to make any application provided <br />for zn the preceding three subsections such taxpayer may <br />institute suzt or proceedings for such purpose in his own name <br />on behalf of the City. No such suit or proceeding shall be <br />entertamned by any court until the request of the Director of <br />Law shall first have been made in writing, nor untml the <br />taxpayer shall have g~ven security for the costs of the pro- <br />ceeding. <br /> <br /> (h) No such action to en3oin the performance of a con- <br />tract entered into, or the payment of any bonds or notes <br />issued by the City~ shall be brought or maintained unless <br />commenced within one year from date of such contract, bond or <br />notes. <br /> <br /> (i) If the court hearmng any such action is satzsfied <br />that the taxpayer had good cause to believe his allegations <br />were well founded, or zf they are sufficient in law, it shall <br />make such order as the equity and justice of the case demands. <br />In such case the taxpayer shall be allowed hms costs, and if <br />judgment be finally entered in his favor, he may be allowed as <br />part of the costs a reasonable compensation for his attorney. <br /> <br />(Upon adoption of this Amended Section, the existing Article <br />VII, Section 1 of the Amended Charter of the City of Lakewood <br />shall be repealed.) <br /> <br />-4- <br /> <br /> <br />
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