The City Attorney shall be contracted by the Mayor, by and with
the advice and consent of the City Council, on the first Monday in
May of each year, or as soon thereafter as practicable.
The City Attorney shall be the legal adviser of the City. He
shall, when required, advise the Council or any City officer in all
matters of law in which the interests of the corporation are involved.
He shall, when required by the Mayor, Council or any committee thereof,
furnish written opinions upon any subject submitted to him pertaining
to the City or its interests.
The City Attorney shall draw such ordinances, deeds, leases,
bonds, contracts, notices or such other instruments in writing as
may be required of him by the Mayor, Council or any committee thereof,
and he shall examine and pass upon the legality of any and all papers
submitted to him pertaining to the City or its interests, when required
by the Mayor, Council or any committee thereof.
The City Attorney shall prosecute or defend, on behalf of the
City, in all cases in which the interests of the City are involved;
and the City Clerk shall furnish him with certified copies of any
ordinances, bonds or other papers in his keeping necessary to be filed
or used in any suit or proceeding.
The City Attorney shall cause executions to issue upon all judgments
recovered in favor of the City, and see to their prompt collection.
He shall examine all fee bills of officers of courts and certify to
the correctness of the same and liability of the City thereon.
The City Attorney is hereby charged with the prosecution of
all actions for the violation of the ordinances of the City. He shall
institute and prosecute an action in every case where there had been
a violation of the City ordinances, when instructed to do so by the
Mayor, the Council or any committee thereof, or upon complaint of
any other person, when, in his judgment, the public interest shall
require the same to be prosecuted.
The City Attorney shall not be required to prosecute any suit
or action arising under the ordinances of the City when, upon investigation
of the same, he shall become satisfied that complaint was instituted
maliciously or vexatiously, and without probable cause; and he shall
be authorized to discontinue such suit or proceeding upon such terms
as he may just deem just and equitable. He shall have the power to
adjust all pending litigation and to settle same upon the authority
of the Mayor and City Council.
An appeal may be taken by the City Attorney from the judgment
of any court in any case when, in his opinion, the public interest
shall require it; but no appeal shall be taken by the Attorney on
behalf of the corporation to any higher court, unless the same be
authorized by the Mayor or directed by the Council.
It shall be the duty of the City Attorney to keep, in a suitable
book to be provided by the City for that purpose, a record of all
written opinions given or furnished by him to the City; and he shall
also keep a register of all actions in the courts of record, prosecuted
or defended by him, in which the City was a party, and of the various
proceedings in connection therewith, and such book shall, at all reasonable
hours, be subject to inspection or examination by the Mayor or any
member of the Council.
Upon expiration of his term of office, or resignation or removal
therefrom, he shall forthwith turn over to his successor in office
all deeds, leases, papers or books in his hands belonging to the City,
together with a statement in writing showing what action, if any,
has been taken in any action or actions pending, wherein the City
is a party, and giving such information as he may possess with respect
to evidence or witnesses in such action or actions.
The Council may authorize the Mayor to employ some competent
attorney as assistant counsel to the City Attorney whenever, in the
judgment of the Council, any suit, legal proceeding or other matter
in which the City is engaged shall be of sufficient importance to
render such action advisable. Such Assistant Counsel shall be selected
by the Mayor with the advice of the City Attorney and shall act in
conjunction with, and be subordinate to, the City Attorney in the
handling of the particular matter or proceeding for which he was employed,
and shall receive such reasonable compensation for his services, to
be fixed at the time of his employment, as shall be approved by the
Council.
The City Attorney shall be paid on a monthly basis in an amount
set by the City Council for services provided to the City, including
special court appearances and other miscellaneous duties approved
by the City Council.
