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)
Editor’s note–Ordinance 98-57, section 1, adopted September 8, 1998, amended the 1957 Code by repealing former section 2-33. Former section 2-33 pertained to the city secretary, and derived from the Code of 1950, ch. 2, sections 10, 11 and Ordinance 86-47, section 1, adopted July 22, 1986.
(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)