There is hereby created a department to be known as the legal department. The director or head of this department shall be a competent practicing attorney of recognized ability and shall be known as the city attorney. The city attorney shall be a resident of the City of Dallas. If at the time of appointment, the city attorney resides outside the City of Dallas, then he or she shall move into the city within a time period required by the city council. The city attorney shall be appointed by a majority vote of all the members of the city council and shall serve for a period of two years from the date of appointment and thereafter until a successor is appointed, unless sooner discharged by the council, and the city attorney shall not be discharged during his or her term of office except upon a majority vote of all members of the city council. The city attorney shall receive such compensation as shall be fixed by the council at the time of appointment and such compensation may not be diminished during the term for which he or she is appointed. (Amend. of 11-8-05, Prop. Nos. 2, 5, and 13)
The city attorney shall have such assistants as shall be provided for by ordinance, and they shall receive such compensation as may be fixed by the city council. Any assistant city attorney may be discharged at any time by the city attorney. The city attorney and all assistant city attorneys shall devote their entire time to the service of the city. All powers and duties imposed on the city attorney may be exercised and performed by any assistant city attorney under the direction of the city attorney. (Amend. of 4-2-83, Prop. No. 7; Amend. of 5-3-97, Prop. No. 10)
The city attorney shall have the following powers and duties:
(1) Representing the city in all litigation and controversies.
(2) Administering oaths and affidavits.
(3) Prosecuting, in person or by assistants, all cases brought before the municipal court.
(4) Approving as to form in writing all proposed ordinances before they are adopted, or filing with the city council, in writing, any objection to an ordinance.
(5) Drafting all proposed ordinances granting franchises.
(6) Inspecting and passing upon all papers, documents, contracts, and other instruments in which the city may be interested.
(7) Being the legal adviser to the city manager, the council, or any committee thereof, all official boards and commissions and all city officers and employees with respect to any legal question involving an official duty or any legal matter pertaining to the affairs of the City of Dallas.
(8) Whenever it is brought to the city attorney’s knowledge that any person, firm, or corporation exercising and enjoying any franchise or privilege from the City of Dallas has been guilty of a breach of any condition of such grant, or has failed to comply in any material matter with the terms and stipulations of such grant, reporting the matter to the city council, together with all facts bearing upon the matter that may be brought to the city attorney’s attention. If the council determines that the complaints are well founded, it shall be the council’s duty to take such action as may be necessary, and, if the offending party fails or refuses to conform to such order as the council may make with respect to the matter, it shall be the duty of the council to direct the city attorney to institute suit against the offending party in the court having jurisdiction over the matter to obtain a judgment of forfeiture of the franchise or privilege.
(9) Advising the city council, the city manager, and all the departments of the city concerning new or proposed state or federal legislation and representing the city before all legislative bodies in matters affecting the city.
(10) Upon the city attorney’s own initiative or upon the direction of the city council, appearing in any and all litigation affecting the city and representing the city in such manner as he or she deems to be to the best interest of the city, and instituting such legal proceedings as may be necessary or desirable on behalf of the city.
(11) Hiring or discharging such clerical personnel or other personnel as may be authorized for the city attorney’s department by the city council.
(12) When deemed for the best interest of the city, advising or representing officers and employees of the city in litigation in matters arising out of the official conduct of their office or duties or in the course of their employment.
(13) Performing such other duties as the council may direct or request. (Amend. of 11-8-05, Prop. Nos. 3 and 13)