The City Attorney shall be appointed by the Mayor, such appointment
shall be approved by a majority of the Board of Aldermen. The person
so appointed shall serve for an indefinite term.
No person shall be appointed to the office of City Attorney
unless he be a licensed and practicing attorney at law in this state.
A.
The City Attorney shall make, and he is hereby authorized and empowered
to make, affidavits on behalf of the City in all cases where the same
may be necessary in taking an appeal or change of venue or any other
matter necessary to proper legal proceedings.
B.
The City Attorney shall give his opinion to all City officials when
so authorized by either the City administrator, the Mayor, or the
Board of Aldermen.
The City Attorney shall attend all meetings of the Board of
Aldermen unless excused by the Mayor, the City administrator or a
majority of the Board of Aldermen. The Mayor, City administrator,
or majority of the Board of Aldermen may call upon the City Attorney
for an oral or written opinion on any question of law as it may affect
the conduct of City activities. The City Attorney shall also advise
City officials on legal matters at the attorney's discretion.
In case of absence, sickness or other inability of the City
Attorney to attend court, or when, before assuming his official duties,
he shall have been counsel adverse to the City, he shall inform the
Mayor thereof, by written or oral notice, and the Mayor shall appoint
some other attorney to represent the City in such cases, or during
temporary absence, sickness or inability. Should the City Attorney
fail, neglect, or refuse to give such notice, as above provided, and
the interests of the City in case of such failure, neglect or refusal,
need the immediate services of an attorney, then the Mayor may appoint
some other attorney to attend to such cases, who shall receive the
compensation allowed to the City Attorney for like services.
A.
The City Attorney shall be allowed compensation such as from time
to time shall be fixed by the Board of Aldermen. The City Attorney
shall not receive compensation contingent upon the outcome of any
case in the municipal court.
1.
In the event of a case in which the City is interested being tried
in any circuit court, supreme court or court of appeal, then the Board
of Aldermen shall allow the City Attorney the usual and customary
fees and necessary expenses allowed in like or similar cases.
2.
In addition to his compensation, the City Attorney shall be reimbursed
for unusual postage, recording and court fees advanced, and any other
unusual expenses paid for or advanced by the City Attorney in behalf
of the City on City business other than usual office expense.