Article VI. City Attorney.[68]
Sec. 2-125. Appointment; qualifications; term; residency requirement.
The city manager, with the advice and consent of the city
council, shall appoint an attorney for the city, who shall have
been admitted to practice in the courts of the commonwealth.
The city attorney shall be removable at any time by the city
manager with the concurrence of the city council. The city
attorney shall reside in the city during such term of office.
(Code 1959, § 2-125; 2-20-73.)
Sec. 2-126. Powers and duties generally.
The city attorney shall have the management, charge and
control of all law business of the city and shall be the legal
adviser of the city council, any committee thereof, the city
officers and the several departments of the city government
and, when required, shall furnish written or verbal opinions
upon any subject involving questions of law submitted to him
by any of them.
It shall be the duty of the city attorney to draft all bonds,
deeds, obligations, contracts, leases, conveyances, agreements
or other legal instruments of whatever nature which may be
required of him by any ordinance or order of the city council
or any committee thereof or which may be required by any
person contracting with the city in its corporate capacity
and which, by law, usage or agreement, the city is to be at
the expense of drawing. It shall also be his duty to commence
and prosecute all actions and suits to be brought by the
city before any tribunal in the city or state, whether in law
or in equity, and also to appear and defend and advocate the
rights and interest of the city, or any of the officers thereof,
in any suit or prosecution for any act in the discharge of their
official duties, wherein any estate, right, privilege, ordinance
or act of the city government may be brought in question,
and when the mayor shall direct the prosecution for a nuisance,
he shall appear for the prosecution when the case shall
come into the corporation court and shall perform such other
duties as are or may be required of him by any ordinance or
resolution of the city council.
It is the duty of the city attorney to assist in the prosecution
of all cases arising under the Zoning Ordinance, Building
Code and License Ordinances when so directed by the city
council or by the city manager. (Code 1959, § 2-126.)
Sec. 2-127. Accounting for and paying over city funds.
The city attorney shall promptly account for and pay over
to the director of finance any and all funds belonging to the
city, collected or received by him, and shall at the time of
turning over such money to the director of finance, or immediately
thereafter, furnish the director of finance with an
itemized statement showing from whom and for what account
the money was received. (Code 1959, § 2-127.)
Sec. 2-128. Reports.
The city attorney shall prepare for submission as soon after
the close of each month as it may be practicable, a report
setting forth all action that has been taken by his office during
the preceding month.
At the close of each fiscal year, the city attorney shall make
an annual report to the city council, giving a condensed statement
of all business done in his office for the city in the year
immediately preceding such report, with a list of all deeds and
contracts prepared to which the city was a party, of all written
opinions given upon city business, of all suits and actions
ended and those pending at the time of the report, and he
shall make such suggestions touching the interests of the city
in connection with his official duties as he may deem partinent.
(Code 1959, § 2-128.)
Sec. 2-129. Attendance at meetings of council and committees.
It shall be the duty of the city attorney to attend all meetings
of the city council unless excused by the presiding officer
or the city manager. He shall attend all meetings of the committees
of the city council when notified so to do by the clerk
of the council or the city manager. (Code 1959, § 2-129.)
Sec. 2-130. Drafting resolutions and ordinances; inspection of
journal and ordinance book.
The city attorney shall prepare a draft of all resolutions
and ordinances to be submitted to the city council and shall inspect
all matter spread upon the journal and ordinance book
before the same is signed. (Code 1959, § 2-130.)
Sec. 2-131. Salary to be in full compensation for services;
traveling expenses.
The salary of the city attorney shall be in full compensation
for his services. When the duties of his office require his attendance
out of the city, his reasonable traveling expenses
shall be allowed him. (Code 1959, § 2-131.)
