Section 109. The Director of Law.

   The Director of Law or City Attorney shall be an attorney at law admitted to practice in the state of Ohio. He or she shall be the legal adviser of and attorney and counsel for the City, and for all officers and departments in matters relating to their official duties. He or she shall prosecute or defend suits for and in behalf of the City, and shall prepare contracts, bonds and other instruments in writing in which the City is concerned, and shall endorse on each his or her approval of the form and correctness thereof. He or she may appoint such number of assistants as the Council authorizes.

(Amended by electors 11-7-00)

Section 110. Shall be Police Prosecutor.

   The City Attorney shall be the prosecuting attorney of the police court. He or she may designate such number of assistant prosecutors as the Council by ordinance may authorize. He or she shall prosecute cases brought before such court and perform the same duties, so far as they are applicable thereto, as are required of the prosecuting attorney of the County.

(Amended by electors 11-7-00)

Section 111. Shall prosecute and defend in behalf of the City.

   When required so to do by resolution of the Council, the City Attorney shall prosecute or defend for and in behalf of the City, all complaints, suits and controversies in which the City is a party and such other suits, matters and controversies as, by resolution or ordinance, he or she shall be directed to prosecute or defend.

(Amended by electors 11-7-00)

Section 112. Shall advise officers.

   The Council, the director or any department, or any officer, may require the opinion of the City Attorney upon any question of law involving their respective powers or duties.

Section 113. Application for injunction.

   The City Attorney shall apply in the name of the City, to a court of competent jurisdiction for an order of injunction to restrain the misapplication of funds of the City, or the abuse of its corporate powers, or the execution or performance of any contract made in behalf of the City in contravention of law, or which was procured by fraud or corruption.

Section 114. Application for forfeiture or for specific performance.

   When an obligation or contract made on behalf of the City granting an easement, or creating a public duty, is being evaded or violated, the City Attorney shall likewise apply for the forfeiture or the specific performance thereof, as the nature of the case requires.

Section 115. Application for mandamus.

   In case any officer fails to perform any duty required by law, the City Attorney shall apply to a court of competent jurisdiction for a writ of mandamus to compel the performance of such duty.

Section 116. Action by taxpayer.

   In case the City Attorney, upon written request of any taxpayer, fails to make any application provided for in the three preceding sections, such taxpayer may institute suit or proceedings for such purpose in his or her own name on behalf of the City. No such suit or proceedings shall be entertained by any court until such request to the City Attorney shall first have been made, nor until the taxpayer shall have given security for the costs of the proceeding.

(Amended by electors 11-7-00)

Section 117. Action to enjoin contract.

   No action to enjoin the performance of a contract entered into, or the payment of any bonds or notes issued by the City, shall be brought or maintained unless commenced within one year from the date of such contract, bonds or notes.