[CC 1978 §110.300; Bill No. 86-8(110.026A), 9-15-1986;
Bill No. 98-09(110.300), 4-6-1998]
A. The City
Attorney of the City of Chaffee shall be appointed by the Mayor and
approved by a majority of the members of the City Council of said
City, and shall hold his/her office for a term of two (2) years thereafter
and until his/her successor is duly appointed and qualified.
B. No person
shall be eligible to be appointed to the office of City Attorney who
is not duly licensed to practice law in all courts of this State;
at least twenty-five (25) years of age; and at the time of his/her
appointment is not indebted to the City for any unpaid City taxes
or guilty of forfeiture or defalcation in office. No person shall
be appointed to the office of City Attorney who does not reside within
a radius of twenty-five (25) miles from Chaffee, Missouri.
C. Before
entering upon the duties of his/her office, the City Attorney shall
be commissioned and shall take and subscribe to an oath or affirmation,
before some court of record in the County, or City Clerk, that he/she
possesses all the qualifications prescribed for his/her office by
law; that he/she will support the Constitution of the United States
and the State of Missouri, the provisions of all laws of the City
of Chaffee, and that he/she will faithfully demean himself/herself
in office.
D. If the
City Attorney shall be interested in or a party to any suit or proceeding
against the City, or shall have been previous to his/her election
employed as counsel in any case against the City, and in which it
is made his/her duty to prosecute or defend, the Council shall appoint
some suitable attorney to represent the City in such suit or proceeding.
E. It shall
be the duty of the City Attorney to prosecute and defend all actions
originating or pending in any court in this State to which the City
is a party, or in which the interests of the City are involved, and
shall, generally, perform all legal services required in behalf of
the City. In any complaint made before the Police Judge, the City
Attorney may, if in his/her judgment the interest of the City demands
it, require the complainant, or party at whose instance the complaint
is made, to give security for costs, to be approved by the Police
Judge, before proceeding further with such cases.
F. The City
Attorney shall be the tax attorney of the City and shall attend to
and prosecute on behalf of the City all suits instituted for the collection
of delinquent and back taxes, and all suits brought to enforce the
payment of any other taxes due the City, or any license or revenue
whatsoever.
G. The City
Attorney shall attempt to attend all meetings of the City Council
requested by the Mayor or the Mayor Pro Tem or two (2) Council members.
H. The City
Attorney shall draw any and all ordinances requested by the City Council.
I. The City
Attorney shall advise the Mayor, Council members and City Officers
upon questions of law affecting the City interest. The City Attorney
shall when requested by the Mayor or Council members give his/her
opinion, in writing if desired, upon all questions of law submitted
to him/her at no additional charge unless research is necessary.
J. The City Attorney shall receive compensation only for services rendered as outlined in Subsection
(E) through
(I). The rate of compensation shall be ninety dollars ($90.00) per hour. The City Attorney shall, when attending meetings of the City Council as stated in Subsection
(G), receive compensation at the rate of ninety dollars ($90.00) per hour.
K. In the event that there shall be no one eligible for the office of City Attorney, or should a vacancy occur in the office of City Attorney for any other reason, then the Mayor with the consent of the Council shall appoint some suitable attorney as City Attorney and enter into a suitable contract not to exceed the compensation limits outlined in Subsections
(I) through
(K).