(A) The Mayor is directed, authorized, and empowered to enter into, execute, and deliver a contract for the services of an attorney at law, to render legal services to the city. Said contract shall be in words and figures as set forth in this section.
(B) The city shall contract with an attorney as its legal advisor for a period of one year at an annual salary, payable monthly, as set forth in the annual contract.
(C) The attorney, for and in consideration of the foregoing, shall agree and obligate himself or herself to faithfully represent the interest of the city as its legal advisor for said period. He or she shall agree that his or her duties shall be that of legal advisor and that he or she shall do and perform any and all legal services entrusted to him or her by the city, including the advising of city authorities and officers on all legal matters pertaining to the business of the city, to represent the city in a legal capacity, to draft all ordinances, resolutions, and proclamations as the City Council and its Mayor may desire and direct, to diligently prosecute the collection of all delinquent taxes, assessments, licenses, fees, and the like, placed in his or her hands for collection, and to discharge such other duties as may be required of him or her by the City Council.
(D) The attorney shall attend all meetings of the City Council where his or her presence is requested, shall advise it in all matters of legislation or legal proceedings, shall advise the City Planning and Zoning Commission or Board of Adjustment of the city, shall advise the Police and Fire Departments as to matters dealing with the performance of their duties, and shall perform any and all other duties in his or her department required by the City Council.
(E) The services to be performed by the attorney hereunder and for which compensation is provided shall include the usual legal services incidental to the conduct of the affairs of the city. Such compensation does not include any extraordinary services which might be incurred, and which include the defense of any actions for damages against the city, work relating to street, sidewalk, sewer, and the like, construction contracts, annexation matters, appearances before special groups or parties entailing legal work not usual or incidental to the conduct of the city’s affairs, and representation or protection on behalf of the city of any litigation proceedings in any state or federal court. Compensation for any such extraordinary services shall be at an hourly rate as set by ordinance.
(F) The attorney shall accept the contract and promise and agree to well and faithfully perform to the best of his or her ability all said services during the continuation of the contract. It is the intent and the understanding of both parties that the services provided hereunder are intended to be provided by the attorney as an independent contractor and that said attorney is not considered to be an employee of the city.
(G) If and in the event said attorney is unable to meet with the City Council on a particular day, or perform any other ordinary services as required by contract, then he or she will, at his or her own expense, provide substitute counsel.
(2005 Code, § 31.50) (Res. 88-0701, passed 7-5-1988)