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City of Branson West, MO
Stone County
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Table of Contents
Table of Contents
[CC 1997 §2-143]
The City Attorney shall perform all duties required of him/her by the laws of the State and the ordinances of the City.
[1]
State Law Reference — Authority of city to prescribe duties, §79.290, RSMo.
[CC 1997 §2-144]
It shall be the duty of the City Attorney to advise the Board of Aldermen, or any officer of the City, on such legal questions as may arise in relation to the business of the City upon request, and he/she shall furnish written opinions on legal questions whenever the same may be required of him/her by the said Board.
[CC 1997 §2-145; Ord. No. 7-2018, 9-13-2018]
It shall be the duty of the City Attorney to prosecute or defend all suits, in which the City may be a party, in any court of record, all suits before the Mayor or Municipal Judge, and to defend all actions brought against any officer, agent or servant of the City which may arise on account of his/her official acts. However, the Mayor and Board of Aldermen may hire a City Prosecutor other than the City Attorney to prosecute alleged violations of ordinances before the Municipal Judge or in the municipal division of Circuit Court, as permitted by Section 115.301; if a City Prosecutor has been hired by the Mayor and Board of Aldermen, the City Attorney shall have no responsibility for prosecution of alleged violations of ordinances, as specified in Section 115.310; making of affidavits relating to prosecution of alleged violation of ordinances under Section 115.320; or making any reports to the Board of Aldermen under Section 115.310, or to any other governmental body relating to prosecution.
[Ord. No. 7-2018, 9-13-2018]
The office of City Prosecutor is hereby created. If the Mayor and Board of Aldermen have by resolution hired a City Prosecutor, the City Attorney shall not have any duties related to the prosecution of alleged violations of ordinances specified in Sections 115.310, 115.320 and 115.330, all of which shall be performed by the City Prosecutor.
[CC 1997 §2-146]
It shall be the duty of the City Attorney to prepare all charges against any party charged with a violation of this Code or any City ordinance, and he/she shall prosecute the same on behalf of the City.
[CC 1997 §2-147]
The City Attorney shall make affidavits, on behalf of the City, in all cases when the same may be necessary in procuring changes of venue or taking appeals.
[CC 1997 §2-148]
The City Attorney shall report to the Board of Aldermen, in writing, the condition of all suits pending in any court at the Board's first (1st) regular meeting after the adjournment of said court. At the last regular meeting of said Board before the City Attorney goes out of office, he/she shall make a report to it, giving a statement of all cases pending in any court, the condition thereof, together with a brief statement of all judgments obtained and not satisfied for or against the City. Said reports shall be placed on file in the office of the City Clerk.
[CC 1997 §2-149]
The Mayor and Board of Aldermen may, at any time, employ additional counsel, at reasonable compensation, to aid the City Attorney in performing any legal service demanded by the City.
[1]
State Law Reference — Authority of city to employ counsel to assist city attorney, §79.230, RSMo.