[Adopted as Ch. 1, Art. II, Div. IX, of the 2015 Code]
The Attorney shall be appointed by the Mayor, by and with the
advice and consent of the Village Board, for a term of one year, unless
sooner removed for cause, and until a successor shall have been appointed
and qualified. The Attorney shall have full charge of the law affairs
of the Village and shall be known as the Village Attorney, and shall
receive reasonable fees for services rendered when, in his or her
judgment, or in the judgment of the Mayor or Village Board, the same
are necessary or are for the best interests of the Village. (65 ILCS
5/3.1-30-5)
A.
Prosecute for Village. The Village Attorney shall prosecute or defend
on behalf of the Village in all cases in which the interests of the
corporation or any officer thereof are involved; and the Village Clerk
shall furnish him or her with certified copies of any ordinance, bond
or paper in keeping necessary to be filed or used in any suit or proceedings.
B.
Preparation of ordinances. The Attorney shall, when required, advise
the Village Board or any officer in all matters of law in which the
interests of the corporation are involved, and shall draw such ordinances,
bonds, forms and contracts, or examine and pass upon the same, as
may be required by the Mayor, the Village Board, or any committee
thereof.
C.
Judgments. The Attorney shall direct executions to be issued upon
all judgments recovered in favor of the Village, and shall direct
their prompt service. The Attorney shall examine all the bills of
the officers of courts, and of other officers of the law, and shall
certify to their correctness and the liability of the Village therefor.
D.
Violations of ordinances. The Attorney shall institute and prosecute
an action in every case of violation of a Village ordinance when instructed
to do so by the Mayor or the Village Board.
E.
Prosecution of suits. The Attorney shall not be required to prosecute
any suit or action arising under the ordinances of the Village when,
upon investigation of the same, the Attorney shall become satisfied
that the complaint was instituted maliciously, vexatiously, or without
just cause; and shall dismiss or discontinue any such suit or proceeding
upon such terms as he or she may deem just or equitable.
F.
Collection of taxes. The Attorney is hereby authorized and instructed
to enforce the collection of any and all taxes and special assessments
in the collection of which the Village is interested and to attend
all sales of real or personal property made to enforce the collection
of such taxes or special assessments and to bid thereat on behalf
of the Village.
G.
Commissions. The Village Attorney shall act as the legal advisor
for the utilities systems, for the Plan Commission, for the Zoning
Board of Appeals and for all other boards and commissions hereafter
established by the Village Board. The Attorney shall perform all legal
services as may be required for those boards and commissions.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
For each complaint that is prosecuted on behalf of the Village to
enforce the provisions of general ordinances of the Village and also
to enforce provisions of state statutes affecting the affairs of the
Village, there shall be added as costs to be assessed against the
defendant in each case the sum of $200, to be known as the "Village
prosecutor's fee."
B.
Upon said defendant being found guilty of the charges as set up in
the complaint that is filed on behalf of the Village in any of the
two above-named situations, it shall be the duty of the court before
whom such matter is heard to assess a Village prosecutor's fee in
the sum of $200, which shall be paid directly to the Prosecutor by
the Clerk of the Circuit Court, and that the fine or penalty as assessed
by the court for the violation of the complaint shall be paid to the
Village Clerk.
