[1]
Editors note — Ord. No. 92-20 converted the
elective office of city attorney to an appointed office as set out
below.
[Ord. No. 92-20 §§ 2-3, 7-13-1992]
A.
The City Attorney shall be appointed by the Mayor with the consent and approval of a majority of the members of the City Council in the form and manner prescribed under Section 77.370, RSMo. The City Attorney may also be appointed to act as the City Prosecutor with duties as provided in Section 2-198.
B.
The term of office for any and all individuals appointed to fill
the aforesaid position within the City of Lexington shall be two (2)
years.
[Rev. Ord.
No. 2, § 2, 10-21-1912; Ord. No. 92-20 § 4, 7-13-1992]
The City Attorney shall be a person licensed to practice law in Missouri and shall represent the City of Lexington in all matters of general litigation and counsel as provided under Section 2-196, et seq.
[Rev. Ord.
No. 2, § 3, 10-21-1912]
Before entering upon the discharge of his duties, the City Attorney
shall take and subscribe an oath or affirmation before the City Clerk
or the Municipal Judge, that he possesses all the qualifications prescribed
for his office by law; that he will support the Constitution of the
United States and of the State; the provisions of all laws of the
State affecting Cities of the Third Class and the ordinances of the
City; and faithfully demean himself in office, which official oath
or affirmation shall be filed with the City Clerk.
[Rev. Ord.
No. 2, § 4, 10-21-1912; Ord. No. 2001-30 § 1, 6-12-2001]
At the discretion of the Mayor or the President of the Council,
the City Attorney shall attend City Council meetings.
[Rev. Ord.
No. 2, § 4, 10-21-1912]
The City Attorney shall represent the City in all matters of
law, investigate all claims against the City, draw all contracts relating
to the business of the City, and see that the bonds of all City Officers
are in legal form and properly executed.
[Ord. No. 4-84, § 2, 4-10-1984; Ord. No. 92-20 § 4, 7-13-1992]
A.
The City Attorney when acting as City Prosecutor shall participate
and represent the City in the prosecution of any municipal ordinance
violations under the municipal codes of the City of Lexington, and
to that end, he shall attend the Municipal Division of the Circuit
Court of Lafayette County, Missouri, on a regular basis monthly, or
as set by the Judge of said Court, and shall prosecute all complaints,
suits or proceedings that may be brought by the City therein or in
which the City is interested.
B.
The City Attorney shall prosecute or defend, as the case may require,
all civil suits in which the City is interested.
C.
The City Attorney shall attend to and prosecute on behalf of the
City all suits instituted for the collection of delinquent taxes and
all suits or proceedings brought to enforce payment of any other tax,
license fee or revenue whatsoever due the City.
D.
In all cases, except as may be otherwise ordered by the Mayor and
City Council, the City Attorney shall prosecute appeals in suits in
which the City is concerned.
[Ord. No. 4-84, § 3, 4-10-1984]
The City Attorney shall give his opinion to any officer(s) of
the City respecting their duties or respecting questions of law in
which the City is interested; and such opinion shall be in writing
when so demanded, either by the City Council or by such City official
with the approval of the City Council.
[Rev. Ord.
No. 2, § 6, 10-21-1912]
In all proceedings for the condemnation of private property
for public use, it shall be the duty of the City Attorney to exercise
a supervision over the same, prepare all legal papers connected therewith,
and see that all notices, returns of service thereon, verdicts of
juries and all other proceedings are in proper form, and in accordance
with the laws of the State governing Cities of the Third Class and
the ordinance of the City.
[Ord. No. 4-84, § 4, 4-10-1984]
The City Attorney shall report to the City Council the condition
of any and all suits or matters pending in litigation in any court,
at each meeting of the Council while said suit or litigation is so
pending.
[Ord. No. 4-84, § 5, 4-10-1984]
If the City Attorney shall be interested in, or a party to,
any suit or proceeding against the City, or shall have been employed
as counsel in any case against the City, in which it shall be his
duty to prosecute or defend, or shall have any conflict of interest
as set out in the disciplinary rules and ethical consideration of
the Missouri Bar Association, or as determined by the Missouri Bar
Advisory Committee, he shall inform the Mayor and City Council thereof,
who shall appoint some competent attorney, as special City Attorney,
to represent the City in such suit or proceeding.
Such special City Attorney shall meet the same qualifications
as the duly elected or appointed City Attorney and his commission
shall specify the matter upon which he is appointed and the duration
of his commission.
[Ord. No. 4-84, § 6, 4-10-1984]
In case of sickness, absence from the City, or other temporary
inability of the City Attorney to discharge the duties of his office
he may, with the approbation of the Mayor, appoint some competent
attorney to act in his stead during such sickness, absence from the
City, or other inability of the City Attorney.
If such appointment is not made as aforesaid, then it shall
be the duty of the Judge of the Municipal Division of the Circuit
Court to appoint some competent attorney to represent the City in
all cases before such Municipal Division, pending such temporary inability
of the City Attorney to perform the duties of his office and the person
so appointed shall possess the same power and receive the same fees
as the proper officer would if he were present. Such person shall
meet the regular qualification of the City Attorney and his commission
shall specify the matters and duration of his commission.
[Ord. No. 4-84, § 7, 4-10-1984]
Upon the recommendation of the City Attorney, or whenever in
the judgment of the City Council the same may be necessary, the City
Council may, by resolution employ additional counsel to assist the
City Attorney in the prosecution or defense of any suit or action
at law or in equity, brought by or against the City; and the counsel
so employed shall be entitled to receive a reasonable fee for his
or their services; however, nothing in his Section shall be so construed
as to authorize the employment of additional counsel in prosecutions
begun before the Municipal Judge.
[Rev. Ord.
No. 2, § 11, 10-21-1912; Ord. No. 92-20 § 1, 7-13-1992]
Whenever, from any cause, the office of City Attorney shall
become vacant, the Mayor, or the person exercising the office of Mayor,
shall appoint a person to fill the vacancy with the approval and consent
of a majority of the Council.
[Rev. Ord.
No. 2, § 12, 10-21-1912]
No person, not engaged by the City, shall receive any fee or
other compensation from the City for any legal services rendered by
him in any suit to which the City is a party.
[Ord. No. 4-84, § 8, 4-10-1984]
The City Attorney shall be compensated in the amount, method
and manner as set and established by the City Council. Further, said
attorney shall be reimbursed for any out of pocket expenses in the
performance of his duties.
[Ord. No. 88-5, 4-12-1988; Ord. No. 92-20 § 4, 7-13-1992]
The Assistant City Attorney or Assistant City Prosecutor of the City shall be appointed in the same manner as the City Attorney as set out in Section 2-193. The qualifications for said office shall be the same as set out in Section 2-194. The compensation for said office shall be the same as set out in Section 2-207.
