The city may appoint persons to a position in an “acting”
capacity, which means on a temporary basis and without a specific
term. In making such appointments, and because of the nature of the
appointment, the city council may by resolution or motion establish
terms, duties and authority that vary from ordinances adopted for
appointments that are not in an “acting” capacity.
(Ordinance 91-25, sec. 1, adopted 4/23/91; Ordinance 92-48, sec. 1, adopted 7/1/92; Ordinance 96-39, sec. 1, adopted 6/11/96; 1957 Code, sec. 2-26.4)
The city council shall appoint a city attorney for the city,
who shall serve under the direction and supervision of the city council.
The city attorney shall be the chief legal adviser of the city government
and shall have the entire charge of all litigation of the city, in
the county, district and appellate courts of the state and in the
courts of the United States. It shall be the duty of the city attorney
to prosecute all suits for violations of any city law or ordinances,
and conduct all criminal prosecutions before the municipal courts.
The city attorney shall give legal advice to the officers of the city,
the city council and the committees upon all questions arising relative
to the business of the city. The city attorney shall draft all ordinances
prior to their passage and see that they conform to the laws of the
state. The city attorney shall also draft or supervise the phraseology
of all contracts and other legal documents for the city government.
The city attorney shall perform such other duties as may be required
by the laws or ordinances of the city.
(Ordinance 86-56, sec. 2, adopted 8/26/86; 1957 Code, sec. 2-34)
(a)
After
receiving the recommendation of the city secretary, the city council
shall appoint one (1) or more deputy city secretaries, who, after
taking an appropriate oath, shall act in the place of the city secretary
when the city secretary is absent. The deputy city secretary shall
perform the following duties:
(1)
Attend
council meetings and keep minutes;
(2)
Attend
other scheduled meetings and work sessions;
(3)
Respond
to requests of the mayor and city council;
(4)
Handle
routine calls and visitors;
(5)
Sign,
attest or certify and use the city seal when appropriate and necessary
on documents such as mylars of plats and replats, publications, notices,
ordinances, and resolutions;
(6)
Exercise
custody, control and maintenance of records, documents and files in
the city secretary’s office.
(b)
The
deputy city secretary shall not act as an election official unless
qualified and specifically authorized by the city council.
(Ordinance 67-69, sec. 1, adopted 11/28/67; Ordinance 82-282, sec. 1, adopted 11/23/82; 1957
Code, sec. 2-34.2)
The city council shall appoint a city manager for the city,
who shall be the administrative head of the municipal government under
the direction and supervision of the city council.
(1950 Code, ch. 2, sec. 22; 1957
Code, sec. 2-27)
The city manager may or may not be a resident of the city when
appointed but during the term of his office shall reside in the city.
(1950 Code, ch. 2, sec. 23; 1957
Code, sec. 2-28)
The city manager shall be appointed for an indefinite period
and shall be subject to discharge at the will of the city council.
(1950 Code, ch. 2, sec. 24; 1957
Code, sec. 2-29)
During the absence of or disability of the city manager, the
city council shall designate some properly qualified person to perform
the duties of such office.
(1950 Code, ch. 2, sec. 25; 1957
Code, sec. 2-30)
The powers and duties of the city manager shall be as follows:
(1)
To
devote all of his working time and attention to the affairs of the
city and be responsible to the city council for the efficient administration
of its affairs;
(2)
To
see that all laws and ordinances are enforced;
(3)
With
the advice of the city council, to appoint and remove all heads of
departments. He shall have the power to appoint or remove all subordinate
employees;
(4)
To
exercise supervision and control over all departments created by the
city council or that may hereafter be created by the city council;
(5)
To
attend all meetings of the city council with the right to take part
in the discussion but having no vote. He shall be notified of all
special meetings of the city council;
(6)
To
see that all terms and conditions imposed in favor of the city or
its inhabitants in any public utility franchise are faithfully kept
and performed and upon knowledge of any violation thereof to call
the same to the attention of the city council;
(7)
To
act as budget officer and as such to prepare and submit to the city
council prior to the beginning of each fiscal year a budget of proposed
expenditures for the ensuing year showing in as much detail as practicable
the estimated amounts required for the efficient operation of each
department of the city and the reasons for such estimated expenditures;
(8)
The city manager, in addition to the foregoing subsection (7), shall make and file a budget as required by state law;
(9)
To
make a full written report to the city council as soon after the close
of each month’s accounts as possible showing the operation and
expenditures of each department for the preceding month and a comparison
of such monthly expenditures by department with the monthly allowances
made for such departments in the annual budget and to keep the city
council fully advised at all times as to the financial condition and
needs of the city;
(10)
To
act as purchasing agent for the city or to delegate such powers and
duties to one (1) or more other persons employed by the city. The
laws of the state shall control and govern the formation and substance
of any of such contracts, including the submission of contracts to
competitive bids and public notice thereof;
(11)
To
recommend to the city council the salaries to be paid each appointive
officer and subordinate employee of the city. It shall be the duty
of the city council to pass resolutions from time to time fixing rates
of compensation;
(12)
To
recommend to the city council in writing from time to time for adoption
such measures as he may deem necessary or expedient;
(13)
In
the absence or disability of any department head, the city manager
shall perform the duties of such department head;
(14)
To
do and perform such other duties as may be prescribed by ordinance
or resolution or by the city council.
(1950 Code, ch. 2, sec. 26; Ordinance 79-23, sec. 1, adopted 2/13/79; Ordinance 83-79, sec. 1, adopted 8/9/83; Ordinance 88-47, sec. 2, adopted 4/10/88; 1957
Code, sec. 2-31; Ordinance 2008-37, sec. 7, adopted 9/9/08)
The city manager shall receive such compensation as the city
council shall fix from time to time by resolution.
(1950 Code, ch. 2, sec. 27; 1957
Code, sec. 2-32)
