§ 31.077 POWERS AND DUTIES.
   (A)   The City Attorney shall be the legal adviser of the city, and when required shall advise the City Council or any official in all matters of law in which the interests of the city are involved, and shall draw such current ordinances, bonds and contracts or examine and approve the same, as may be required by the Mayor and/or Commissioners, or any other official; shall attend all meetings of the Council and of the Board of Local Improvements when requested so to do by the Mayor or Commissioners; shall prosecute or defend all suits or actions for the violation of any city ordinance or other action in which the city shall be a party or has any interest, in any court or before any judicial tribunal, and use all necessary and proper means for the enforcement or protection of the rights of the city, and when from any cause said City Attorney is not able to attend to the duties of the office he may, with the consent of the Mayor, appoint someone to act for the city; and whenever in the opinion of the Council the interest of the city may require it, an assistant counsel may be employed at the expense of the city.
   (B)   Appeals to the Appellate Court and Supreme Court shall only be taken upon the approval of the Council. The City Attorney shall have power to adjust all pending litigation and to settle same upon the authority of the Council; shall report to the Council any defects which may be discovered in any ordinance or in the authorized powers of any city officer, with a recommendation for remedying the same; shall cause executions to be issued upon all judgments recovered in favor of the city and see to their prompt collections; shall examine all fee bills of officers of courts and certify to the correctness of the same and the liability of the city therefor; shall transcript appeals from the judgment of any Justice of the Peace to the city court or the circuit court of the county in any case when it is believed public interest requires it, but no appeal or writ of error shall be taken by said City Attorney on behalf of the city to any higher court unless authorized or directed to do so by the Council; shall be entitled to receive from any city officer certified copies of any paper, contract or other document which may be required in the prosecution or defending of any suit, or which may be needed for any other purpose connected with the proper transaction of the duties of the office.
   (C)   The City Attorney shall annually or more often if required by the Council, report in writing to the Council a detailed statement of all actions instituted and pending in courts of record wherein the city is plaintiff or defendant, giving the names of the parties to the suit, the date of commencement, the nature thereof and the several steps taken to bring the same to final issue; shall give a list of all cases disposed of in any court of record during the year with such remarks as may be deemed proper to the end that the Council may be kept fully advised as to the legal affairs of the city.
   (D)   He shall not be required to prosecute any suit or action under the provisions of this code, when upon investigation of the same he shall become satisfied that the complaint was instituted maliciously or vexatiously and without probable cause; or where there is not sufficient evidence in his judgment to obtain a conviction; and he shall be authorized to discontinue any such suit or proceeding upon such terms as may be deemed just and equitable and shall have and possess the powers and rights usually possessed by attorneys-at-law when acting for said city.
('71 Code, § 1-9-3)