The office of city attorney shall be filled by appointment by the city council and is hereby established as that of a municipal officer of the city pursuant to the provisions of the Texas Local Government Code section 22.071; such appointment may be made by ordinance or resolution. The individual appointed city attorney shall be duly licensed to practice law in the state.
(Ordinance 365.01 adopted 12/12/18)
The city attorney shall serve at the will and pleasure of the council. The individual appointed city attorney shall hold office, unless he sooner dies, resigns, is disqualified or is removed according to law or under the provisions of V.T.C.A., Local Government Code section 22.077, or unless the office of city attorney is sooner abolished according to law, until his successor is appointed and qualified.
(Ordinance 365.01 adopted 12/12/18)
The salary, if any, of the city attorney may be fixed by the city council by ordinance or resolution, or the council may, by ordinance or resolution, provide that there shall be no compensation for such office. Until otherwise so provided there shall be no salary.
(Ordinance 365.01 adopted 12/12/18)
(a) 
The mayor is authorized to appoint, from time to time, as in his or her judgment the need arises, as many assistant city attorneys as the mayor deems necessary, provided that there are not at any one time more than four assistant city attorneys serving or holding such appointment. Each such appointee shall be subject to confirmation by the city council at its first regular or special meeting following their appointment, which confirmation may be by resolution or ordinance, and if not so confirmed the appointment shall be void from and after such meeting. The persons so appointed shall be attorneys licensed to practice law in the state and shall be appointed as employees of the city and are subject to the provisions of this article, but shall not be officers of the city within the meaning of V.T.C.A., Local Government Code section 22.071. The persons so appointed shall have no term of office but from and after appointment shall hold such position at the will and pleasure of the mayor unless such assistant city attorney sooner resigns or dies or is sooner discharged by ordinance or resolution adopted by the council or unless the position of assistant city attorney is sooner abolished according to law. Such persons need not be residents or electors of the city.
(b) 
The duties of such appointee shall be to assist or act for the city attorney in the performance of his or her functions, and such persons shall also be authorized to act for and on behalf of the city attorney and to prosecute as attorneys on behalf of the city in any now existing or hereafter created municipal court or similar court of the city any offense or matter there triable; the duties of, and service rendered under, such appointment may be part-time, or from time to time, or ad hoc, and need not be continuous or regular.
(c) 
Whether there shall be compensation paid such assistant city attorneys for their services, and if so whether for all or some specified services and in what amount, shall be as determined or authorized by the city council from time to time by ordinance or resolution, or by the mayor, to the extent such determination may be delegated to the mayor by ordinance or resolution of the council, but the mere fact of such appointment as assistant city attorney, or the rendition of service as such, shall not give rise to a right to compensation except as so determined or authorized.
(Ordinance 365.01 adopted 12/12/18)
Except as to cases while same are pending in any now existing or hereafter created municipal court of the city, when the city is represented in any litigation or administrative proceeding by special legal counsel, it shall not be necessary for it to be represented therein by its city attorney (or any assistant city attorney) nor need its city attorney (or any assistant city attorney) be counsel of record for it in any such matter; and the duties of the office of city attorney (and of the position of assistant city attorneys) shall not include such representation, nor other functions performed by special legal counsel under due authorization, except as the council may otherwise provide by ordinance or resolution or as the mayor, to the extent such determination is hereafter delegated to him by ordinance or resolution of the council, may otherwise direct in a particular instance.
(Ordinance 365.01 adopted 12/12/18)
The duties and service to be rendered by the city attorney or any assistant city attorney are not required to be full time, and the persons concerned may be employed otherwise, including legal employment where not in conflict with duties owed the city or in conflict with or in violation of article 2.05 (ethics) of this code.
(Ordinance 365.01 adopted 12/12/18)