[CC 1974 §2-133; Ord. No. 802 §1, 6-7-1972]
There is hereby established the office of City Counselor.
[CC 1974 §2-134; Ord. No. 802 §1, 6-7-1972; Ord.
No. 830 §2, 5-2-1973]
The City Counselor shall be appointed by the Mayor with the
consent and approval of the City Council and shall serve until his/her
services are terminated or his/her successor is appointed.
[CC 1974 §2-135; Ord. No. 802 §2, 6-7-1972; Ord.
No. 902 §2, 3-19-1975]
No person shall be eligible to the office of City Counselor
of the City of Richmond, Missouri, who is not at least twenty-one
(21) years of age, of good moral character, learned in the law and
a licensed and practiced attorney at the time of his/her appointment,
nor shall he/she be eligible to said office if at any time of his/her
appointment or during thereof he/she be in arrears for any unpaid
City taxes or guilty of forfeiture or defalcation in office.
[CC 1974 §2-136; Ord. No. 802 §§3 — 4, 6-7-1972; Ord. No. 902 §2, 3-19-1975]
A.
The
City Counselor shall give his/her special opinion upon questions of
law arising out of any ordinance, suit, claim or demand for or against
the City and shall give an opinion in writing when requested to do
so by the Mayor or the City Council, which opinion shall be filed
and preserved among the records of the City Clerk. The City Counselor
shall act as legal advisor of all City Officers as far as their official
duties are concerned.
B.
He/she
shall prosecute or defend, as the case may require, all civil suits
in which the City is interested except as otherwise provided by ordinance,
represent generally 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. He/she shall draft all bonds, contracts
or other instruments of writing as may be required by the City Council.
He/she shall prosecute or defend the City's interest in all courts
of this State and of the United States, with the exception of the
Municipal Court of the City of Richmond, Missouri, all subject, however,
to the direction of the City Council.
[CC 1974 §2-137; Ord. No. 802 §5, 6-7-1972]
The City Counselor shall be authorized to sign on behalf of
the City as its legal representative all bonds and papers of whatever
kind necessary in legal proceedings for the defense or prosecution
of any suit in court, when directed to do so by the City Council.
[CC 1974 §2-138; Ord. No. 802 §6, 6-7-1972]
The City Council may at any time employ other or additional
counsel in any case and may pay extra compensation to the City Counselor
for extra or additional work at the discretion of the City Council.
[CC 1974 §2-139; Ord. No. 802 §7, 6-7-1972]
The City Counselor shall transmit to his/her successor a docket
of all cases wherein the City is a party and all books, papers and
documents in his/her possession belonging to the City within thirty
(30) days following the termination of his/her office.
[CC 1974 §2-140; Ord. No. 902 §3, 3-19-1975]
The City Counselor shall attend all sessions of the City Council
and shall prepare all ordinances when required by the City Council
or any member thereof except when relieved therefrom by the City Council.
He/she shall give his/her opinion to any officer of the City respecting
his/her duties or respecting questions of law in which the City is
interested, and such opinion shall be in writing when so requested
by the City Council.
[CC 1974 §2-141; Ord. No. 902 §4, 3-19-1975]
In all proceedings for the condemnation of private property
for public use, it shall be the duty of the City Counselor to exercise
the supervision over the same, prepare all legal papers 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 ordinances of the City.
[CC 1974 §2-142; Ord. No. 902 §5, 3-19-1975]
The City Counselor shall report to the City Council the progress
of all suits pending in any court under his/her supervision from time
to time, as necessary.
[CC 1974 §2-143; Ord. No. 902 §6, 3-19-1975]
If the City Counselor 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/her
duty to prosecute or defend, he/she shall inform the Mayor and City
Council thereof who shall appoint some competent attorney to represent
the City in such suit or proceeding.
