[CC 1985 § 2-87; Ord. No. 18 § 1, 11-17-1937]
No person shall be eligible to the
office of City Attorney who shall not have been a licensed attorney
at least one (1) year prior to his/her appointment.
[CC 1985 § 2-88; Ord. No. 367 § 3; Ord.
No. 627, 3-18-1975]
The salary of the City Attorney shall
be as set by the City Council from time to time.
[CC 1985 § 2-89; Ord. No. 18 § 8, 11-17-1937]
If at any time the City Attorney
shall for any cause be unable to attend to any business pertaining
to his/her office, the Mayor shall appoint some competent attorney
to attend to such business, who shall receive for his/her services
the same compensation as the City Attorney would receive for similar
services should he/she personally attend to the same.
[CC 1985 § 2-90; Ord. No. 18 §§ 2 — 7, 10, 11-17-1937]
A.
It shall be the duty of the City Attorney
to prosecute or defend all suits in any court of record to which the
City may be a party.
B.
He/she shall advise the City Council or
any City Officer on such legal questions as may arise in relation
to the business of the City, and he/she shall furnish written opinions
on legal questions when the same may be required of him/her by the
City Council. He/she shall draw up any ordinance, resolution or order
when required so to do by the Council.
C.
He/she shall attend to all suits before
the Mayor, Municipal Judge, or any magistrate to which the City may
be a party, and shall defend before such officers all actions brought
against any officer, agent or other servant of the City which may
arise from his/her or their official acts.
D.
He/she shall prepare all charges or complaints
against any party or parties charged with violation of any ordinances
of the City, and shall prosecute the same on behalf of the City.
E.
He/she shall make affidavits on behalf
of the City in all cases where the same may be necessary in procuring
change of venue or taking appeal.
F.
He/she shall report to the City Council
in writing the condition of all suits pending in any court at the
first regular meeting of the Council after adjournment of said court.
G.
The City Attorney shall perform such other
duties as may be required of him/her by the Mayor or City Council.
[CC 1985 § 2-91; Ord. No. 13 § 9, 11-17-1937]
At the last regular meeting of the
City Council before he/she goes out of office, the City Attorney shall
make a report to the City Council containing a statement of all cases
pending and the condition thereof, and also a brief statement of all
judgments obtained and not satisfied for and against the City in civil
cases, a minute of which judgment shall be entered upon the records,
and which shall be left on file for the benefit and information of
his/her successor.
[CC 1985 § 2-92; Ord. No. 416 § 1, 5-5-1980]
The City Council shall appoint a
City Counselor who shall draft all ordinances and contracts and all
legal forms of every kind, and give legal advice to the City Council
and other officers of the City, and perform such other duties as shall
be prescribed by ordinance or shall be ordered by the Council or the
Mayor.
[CC 1985 § 2-93; Ord. No. 416 § 2, 5-5-1980]
If the City Attorney be absent, sick
or disqualified from acting, or if the office of City Attorney be
vacant, the City Counselor shall perform the duties of City Attorney
until such absence or disqualification shall cease, or until the office
of the City Attorney shall be filled by a competent, eligible person
of the City, as appointed by the Mayor.
[CC 1985 § 2-94; Ord. No. 416 § 3, 5-5-1980]
The compensation for the City Counselor
shall be such amount as may from time to time be set by ordinance
by the City Council.
