[1960 Code, Sec. 1.10.010]
A City Attorney may be employed under such terms and conditions
as the Mayor and City Council may determine from time to time.
[1960 Code, Secs. 1.10.020, 1.10.050]
(A)Â
The City Attorney shall prosecute or defend, on behalf of the City
in all cases in which the interests of the City or any officer thereof
are involved; and the Clerk shall furnish him with certified copies
of any ordinance, bond or other papers in his keeping necessary to
be filed or used in any suit or proceedings.
(B)Â
The City Attorney is hereby charged with the prosecution of all actions
for the violations of the ordinances of the City, and the conducting
of all proceedings in the courts or an appeal therefrom. He shall
institute and prosecute an action in every case where there has been
a violation of the City ordinances, when instructed to do so by the
Mayor, the City Council, or the chief officer of any department of
the City government; or upon complaint of any other person when, in
his judgment, the public interest shall require that the same be prosecuted.
[1960 Code, Secs. 1.10.030, 1.10.040, 1.10.060, 1.10.090]
(A)Â
Advise On Matters Of Law: The City Attorney shall, when required,
advise the Council or any City officer in all matters of law in which
the interests of the City are involved and he shall draw such ordinances,
bonds and contracts or examine and approve the same as may be required
of him by the Mayor, the Council, or any committee thereof.
(B)Â
Cause Executions To Issue; Examine Fee Bills: The City Attorney shall
cause executions to be issued upon all judgments recovered in favor
of the City and see to their prompt collection. He shall examine all
fee bills of officers of courts and others, and certify to the correctness
of the same, and the liability of the City therefor.
(C)Â
Power To Discuss Suits: The City Attorney shall not be required to
prosecute any suit or action arising under the ordinances of the City,
when, upon investigation of the same, he shall become satisfied that
the complaint was instituted maliciously or vexatiously and without
probable cause; and he shall be authorized to discontinue any such
suit or proceeding upon such terms as he may deem just and equitable.
(D)Â
Keep Register Of Opinions: It shall be the duty of the City Attorney
to keep, in a suitable book to be provided by the City for that purpose,
a record of all written opinions given or furnished by him to the
City; and he shall also keep a register of all actions in courts of
record prosecuted or defended by him in which the City is a party
and of the various proceedings in connection therewith. Upon the expiration
of his term of office, he shall on demand deliver to his successor
in office the said book and register, together with all contracts,
bonds or other papers in his possession belonging to the City or appertaining
to said office.
[1960 Code, Sec. 1.10.070]
An appeal may be taken by the City Attorney from the judgment
rendered by the proper justice to the county or circuit court of Logan
County in any case, when, in his opinion, the public interest may
require; but no appeal or writ of error shall be taken by said attorney
on behalf of the City to any higher court unless the same shall be
authorized by the Mayor or directed by the City Council.
[1960 Code, Sec. 1.10.080]
The City Attorney shall, annually on or before the third Monday
in April of each year, report in writing to the City Council a detailed
statement of all suits instituted and pending in the courts of record,
wherein the City is plaintiff or defendant. In said reports he shall
state the names of the parties to the suits, the date of their commencement,
the nature thereof, and the several steps taken by him to bring the
same to a final issue; and he shall also give a list of all cases
disposed of in any court of record, during his term of office and
subsequent to his last report, with such explanatory remarks as he
may think proper to add thereto, to the end that the Council may be
kept fully advised as to the legal affairs of the City.
[1960 Code, Sec. 1.10.100]
In case of the temporary absence or inability of the City Attorney
to attend to the duties of his office, he may, with the approval of
the Mayor and at his own expense, appoint or employ some competent
attorney to act in his place.
[1960 Code, Sec. 1.10.110]
The compensation of any City Attorney, if one is employed by
the City, shall be such a sum or sums as may be determined from time
to time by the City Council by ordinance or resolution.
