It is the duty of the city attorney:
A. ADVICE
TO OFFICERS. To advise the city officers in all legal matters pertaining
to the business of this city.
B. FRAMING
OF ORDINANCES, RESOLUTIONS. To frame all ordinances and resolutions
required by the council.
C. MEETINGS.
To attend all regular meetings of the council.
D. COURT
ACTIONS. To prosecute and/or defend all actions in which this city
or any officer thereof, in his official capacity, is a party.
E. PROSECUTIONS.
To prosecute, in the city court of this city, violations of ordinances,
when in the opinion of the city attorney reasonable cause exists to
believe in the guilt of the accused and the accused in such criminal
action has entered a plea of not guilty and has demanded a jury trial.
F. DRAFTING
OF CONTRACTS. To prepare and/or approve all contracts in which this
city may be a party.
G. OTHER
DUTIES. To perform such other acts and things as may be required by
law or by the council.
(1953 Code §§ 1221—1221.7; Ord. 88 § 1)
As compensation for his services, the city attorney shall receive
such regular sum per month as may be fixed from time to time by resolution
of the council.
(1953 Code § 1222; Ord. 88.2)
For extraordinary services, the city attorney shall receive
such sum, or sums in addition to the said regular monthly sum so fixed
by resolution, as such extraordinary services may be reasonably worth.
(1953 Code § 1223; Ord. 88 § 2; as amended by Ord. 185)
The words "extraordinary services" as the same are used in section
2.12.030 mean:
A. APPEARANCE
BEFORE TRIBUNAL. All services rendered by the city attorney in proceedings
prosecuted by or against this city, or any officer thereof in his
official capacity, in any court, or proceedings had before any officer,
board or commission of the state of California, where evidence is
introduced, argument had, or where the city attorney shall be required
to appear in person before such officer, board or commission.
B. DEFENDING
VALIDITY OF ORDINANCE, RESOLUTION OR PROCEEDING. All services rendered
in proceedings had in any court or before any tribunal in which the
constitutionality or validity of any ordinance of this city, or any
resolution or other proceeding passed or adopted by the council shall
be attacked or shall be involved.
C. SPECIAL
ELECTIONS. All services rendered by him in calling, ordering or conducting
special elections called or ordered by the council.
D. BOND
ELECTIONS. All services rendered in connection with elections at which
there shall be submitted any proposition for the incurring of a bonded
indebtedness by this city.
E. BOND
ISSUES. All services subsequent to any such elections necessary or
proper for the lawful issuance of any bonds which may have been authorized
thereat.
F. SEWERS.
All services in any action or proceeding had by the council for the
construction and/or installation of sewers or sewerage disposal works
for this city, either separately or in connection with any other municipality.
G. STREETS.
All street work of any kind including street abandonment proceedings.
(1953 Code §§ 1224—1224.7; Ord. 88 § 2 (part); Ord. 185 (part))
The language of Section
2.12.040 shall be deemed to be merely words of definition and not limitation; and nothing contained in this chapter shall be construed to deprive or limit the council of the right to allow to the city attorney such additional or extra compensation as in the judgment of the council the said attorney may at any time be entitled to.
(1953 Code § 1225; Ord. 88 § 2 (part); Ord. 185 (part))