|
than fifteen (15) days, ...,,.:;.^^ «t,..., r.. ,, icy s m,. _...,,,.« ....,.r ... ...........: «,.,.
<br />r:......,.:,.t, ..,.,,.e....,.,.n ,.,, a,..,.......:..oa ,.., r,.....,.a
<br />Section 10. Upon approval of the electors, Article VII, Section 2 of the Second Amended
<br />Charter of the City of Lakewood, Duties Imposed by State Law, shall be amended to read as fol-
<br />lows:
<br />ARTICLE VII. DEPARTMENT OF LAW
<br />Section 2. Duties Imposed by State-General Law.
<br />In addition to the duties imposed upon the Director of Law by this
<br />Charter or required of him or her by ordinance, the Director shall perform the
<br />duties that are imposed upon city directors of law by general law,;-a:e
<br />,.rtbi- Chu«~ «,. ,,,«,._ ,._ _,.,..,:_° exce t as ma be limited b Coup-
<br />.., ::pctc :cc ., ~ P Y Y
<br />cil.
<br />Section 11. Upon approval of the electors, Article XVI, Section 9 of the Second
<br />Amended Charter of the City of Lakewood, Damages Assessed, shall be amended to read as fol-
<br />lows:
<br />ARTICLE XVI. IMPROVEMENTS AND ASSESSMENTS
<br />Section 9. Damages Assessed.
<br />At the time of the passage of the ordinance determining to proceed with
<br />the improvement as hereinbefore provided, Council shall determine whether the
<br />claims for damages so filed shall be judicially inquired into before commencing
<br />or after the completion of the proposed improvement. When claims for damages
<br />are filed within the time limited, and Council having passed an ordinance for
<br />making the improvement, determines that the damage shall be assessed before
<br />commencing it, the Director of Law shall make a written application for a jury,
<br />to a court of competent jurisdiction, or ajudge in vacation. The court or judge
<br />shall direct the summoning of a jury in the manner provided for the appropria-
<br />tion of property and fix the time and place for the inquiry and the assessment of
<br />such damages, which inquiry and assessment shall be confined to such claim.
<br />The proceedings had relative to such inquiry and determining of such damages
<br />shall be in the manner provided by general laws for the appropriation of property
<br />to assess the amount of damage in each partiwlar case. When Council deter-
<br />mines to assess the damages after the completion of the improvement, for which
<br />a claim for damages has been filed as hereinbefore provided, the Director of Law
<br />shall, within ten (10) days after the completion of such improvement make writ-
<br />ten application as hereinbefore provided in the case of the ascertainment of dam-
<br />ages before the improvement was made, and the same proceedings shall be had.
<br />No person who claims damages arising from any cause shall commence a suit
<br />therefor against the City until he or she shall have filed a claim for such dam-
<br />ages with the Director of Finance and sixty (60) days shall have elapsed thereaf-
<br />ter, to enable the City to take such steps as it may deem proper to settle or adjust
<br />the claim; but this provision shall not apply to an application for an injunction or
<br />other proceeding to which it may be necessary for such applicant to resort in
<br />case of urgent necessity. No public improvement, the cost or part of cost of
<br />which is to be specially assessed on the owners of property, shall be made with-
<br />out the concurrence of three-fourths of the members of Council °'°°°.,.°~,
<br />
|