[Code 1962 §2-37; CC 1979 §2-80]
No person shall be eligible to the office of City Attorney who
is not a qualified voter of the State, and a resident of the City
and who is not learned in the law and a licensed and practicing attorney
under the laws of the State at the time of his/her appointment. He/she
shall at the time of his/her appointment be over the age of twenty-one
(21) years.
[Code 1962 §2-38; CC 1979 §2-81]
The City Attorney shall draft all contracts relating to the
business of the City. He/she shall draft all legal forms to be used
in the business of the City, and shall give his/her opinion without
fee, in matters of law in which the City is interested, and shall
give such opinion in writing when demanded by the City Manager, the
Mayor, or the City Council, and, in addition thereto, shall perform
such duties as shall be prescribed by ordinance from time to time.
He/she shall also, without fee, give his/her opinion to any other
Officer of the City respecting the duties of such Officer, or respecting
questions of law in which the City is or may be interested, and such
opinion shall be in writing when so demanded by the City Council.
[Code 1962 §2-39; CC 1979 §2-82]
A.
It
shall be the duty of the City Attorney to prosecute all violations
of the provisions 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 equity and to take
appeals to the appropriate Appellate Courts in such cases as he/she
shall deem the interest of the City requires such action. In any complaint
made before the Municipal Judge, except when made by an Officer of
the City in the discharge of his/her official duty, the City Attorney
may, if in his/her judgment the interests of the City demand it, require
the complainants or party at whose instance the complaint is made,
to give security for costs to be approved by the Municipal Judge,
before proceeding further with such cause.
B.
The
City Attorney shall represent the City in all cases in the Magistrate
Courts and in the Circuit Court whether brought originally or by appeal
from the inferior Courts; and 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 Newton, it shall be his/her
duty to follow and prosecute or defend as the case may be; and for
attending all such cases in addition to the salary otherwise allowed,
he/she shall receive his/her actual expenses for transportation and
lodging.
[Code 1962 §2-42; CC 1979 §2-83; Ord. No. 774 §1, 1-5-1971]
The City Attorney shall attend regular and special meetings
of the Council when his/her presence is requested by the City Manager
or Mayor. Such attendance shall be without any additional fee over
and above his/her regular salary. The City Attorney shall advise the
Council or City Manager on any question of law that may arise.
[Code 1962 §2-41; CC 1979 §2-84]
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 services thereon, verdicts of
juries and all other proceedings are in proper form, and in accordance
with the laws of the State governing this City, the provisions of
this Code and other ordinances of the City.
[Code 1962 §2-40; CC 1979 §2-85]
The City Attorney shall report to the City Council, in writing,
the condition of all suits pending in any Court, at the next meeting
of the Council succeeding the adjournment of the Court in which the
same is pending.
[Code 1962 §19-23; CC 1979 §2-86; Ord. No. 973 §1, 10-4-1977]
When an affidavit on the part of the City is required in any
cause which has originated in the Municipal Court, it shall be made
by the City Attorney, or in case of his/her inability, by any person
to whom the facts are known.
[Code 1962 §19-22; CC 1979 §2-87; Ord. No. 973 §1, 10-4-1977]
All processes and notices necessary to be served on the City
in any suit before the Municipal Judge shall be served on the City
Attorney, or any person acting in his/her stead.
[Code 1962 §2-43; CC 1979 §2-88]
If the City Attorney shall be interested in or a party to any
suit or proceeding involving the City, he/she may withdraw, and the
City Manager may appoint a temporary Acting City Attorney to represent
the City, and such Acting City Attorney shall be entitled to receive
a reasonable fee for his/her services.
[Code 1962 §2-44; CC 1979 §2-89]
Upon the recommendation of the City Attorney, the City Manager
may appoint additional counsel who shall be entitled to receive a
reasonable fee for his/her services.
[Code 1962 §2-45; CC 1979 §2-90]
In case of sickness or absence from the City or other temporary
inability of the City Attorney to discharge the duties of his/her
office, he/she may, with the approval of the City Manager and at his/her
own expense, appoint some competent attorney to act in his/her stead.
If such appointment is not made as aforesaid, then the City Manager
shall appoint some competent attorney to represent the City, at the
cost of the regular City Attorney.
