[R.O. 1952 §2.48; CC 1988 §2-46; Ord. No. 2692 §1, 10-20-1980; Ord. No. 3985 §1, 9-16-2013]
The City Manager shall appoint some suitable and competent person
to the office of City Attorney, which office is hereby created, and
the person so appointed shall hold office at the pleasure of the City
Manager. The appointment order shall be made by the City Manager by
appropriate administrative letter and shall include the rate of compensation
to be paid for legal services rendered.
[R.O. 1952 §2.49; CC 1988 §2-47; Ord. No. 2692 §1, 10-20-1980; Ord. No. 3985 §1, 9-16-2013]
The person appointed to the office of City Attorney shall be
licensed to practice law in the State and shall be a member of the
Bar in good standing.
[R.O. 1952 §2.50; CC 1988 §2-48; Ord. No. 2692 §1, 10-20-1980; Ord. No. 3985 §1, 9-16-2013]
The person appointed to the office of City Attorney shall perform
all legal services required on behalf of the City as may be requested
from time to time by the City Manager and/or the City Council, including,
but not limited to, drafting of resolutions, ordinances, contracts
and legal forms and the research, preparation and rendering of legal
opinions in writing or otherwise respecting questions of law in which
the City is or may be interested.
[R.O 1952 §2.51; CC 1988 §2-49; Ord. No. 2692 §1,
10-20-1980; Ord. No. 3985 §1, 9-16-2013]
A.
It shall be the duty of the City Attorney to prosecute all violations
of this Code or other City ordinances in the Municipal Court, to prosecute
and defend in behalf of the City all actions by or against the City
begun in any court of law or in equity, and to take appeals to the
appropriate Appellate Courts in such cases as the City Attorney shall
deem the interest of the City requires such action. In any complaint
made before the Municipal Judge, the City Attorney may, if in his/her
judgment the interest of the City demands it, require the complainant,
or party at whose instance the complaint is made, to give security
for the costs, to be approved by the Municipal Judge, before proceeding
further with such case.
B.
The City Attorney shall represent the City in all cases in the Magistrate
Courts and in the Circuit Courts, whether brought originally or by
appeal from the inferior courts, in the proper Court of Appeals in
the State and in the Supreme Court of the State. In all changes of
venue that may be taken to some County other than Jefferson County,
it shall be the City Attorney's duty to follow and prosecute
or defend as the case may be.
[R.O. 1952 §2.52; CC 1988 §2-50; Ord. No. 2692 §1, 10-20-1980; Ord. No. 3985 §1, 9-16-2013]
The City Attorney shall report to the City Manager and/or the
City Council upon request, in writing or otherwise, the status of
all suits pending in any court.
[R.O. 1952 §2.53; CC 1988 §2-51; Ord. No. 2692 §1, 10-20-1980; Ord. No. 3985 §1, 9-16-2013]
In all proceedings for the condemnation of private property
for public use, it shall be the duty of the City Attorney to exercise
a supervision over the same, prepare all legal papers connected therewith
and see that all notices, returns of service thereon, verdicts of
juries and all other proceedings are in proper form and in accordance
with the laws of the State governing Cities of the Third Class with
City Manager form of government and this Code and other ordinances
of the City.
[R.O. 1952 §2.54; CC 1988 §2-52; Ord. No. 2692 §1, 10-20-1980; Ord. No. 3985 §1, 9-16-2013]
The City Attorney shall upon request attend any regular or special
meeting of the Council and advise the Council or City Manager on any
question of law requested or that may arise.
[R.O. 1952 §2.56; CC 1988 §2-54; Ord. No. 2692 §1, 10-20-1980; Ord. No. 3985 §1, 9-16-2013]
Upon the recommendation of the City Attorney, the City Manager,
with the advice and consent of the Council, may appoint additional
counsel to be entitled to receive a reasonable fee for his/her services.
Such appointment shall be made by appropriate administrative motion,
resolution or ordinance and shall include the rate of compensation
to be paid for legal services rendered.
[R.O. 1952 §2.57; CC 1988 §2-55; Ord. No. 2692 §1, 10-20-1980; Ord. No. 3985 §1, 9-16-2013]
In case of sickness, absence or other temporary inability of the City Attorney to discharge the duties of his/her office, the City Manager may appoint a temporary acting City Attorney to represent the City in the same manner as provided for in Section 120.190.
