(A) Office created; appointment. There is hereby created the Office of City Attorney, an executive office of the city. The City Attorney shall be appointed by the City Council.
(B) Duties. The City Attorney shall perform the following duties:
(1) Prosecute or defend any and all suits or actions at law or equity to which the city may be a party or in which it may be interested or which may be brought against or by any officer of the city on behalf of the city or by or against an officer of the city, in his or her capacity as an officer;
(2) See to the full enforcement of all judgments or decrees rendered or entered in favor of the city and of all interlocutory orders rendered in favor of the city;
(3) Be the legal adviser of the city and shall be authorized to render advice on all legal questions affecting the city; and
(4) Draft or supervise the drafting of any contracts, leases or other documents or instruments to which the city may be a party and upon request by the City Council, draft ordinances covering any subjects within the powers of the city.
(C) Special counsel; appointment, compensation.
(1) The City Council, whenever it may deem it necessary, may employ an attorney on a fee basis to assist the duly appointed City Attorney in any legal proceeding or in any legal action or matter in law or equity which may or does affect the city.
(2) In the event there is no duly appointed and acting City Attorney, the City Council may employ on a fee basis any qualified attorney to represent the city in any legal matter pertaining to the welfare of the city.
(D) Compensation. The City Attorney shall not be deemed an officer or employee of the city and shall not be entitled to receive a salary from the city for the performance of the legal services set forth in division (B) above, or as otherwise provided in this code. The City Council shall determine, whenever it may deem it necessary, the fee basis on which the City Attorney shall be paid in the performance of the duties. General legal services shall be performed according to an hourly charge, to be determined from time to time by the City Council and for legal services rendered in issuing bonds for the city or commissions created by the city, the usual and customary fee of attorneys for the service determined in accordance with a percentage of the amount of the bond issue shall be the basis for establishing the fee to the City Attorney; in such cases and in any other case wherein the hourly charge shall be determined not to be applicable as a fee basis, the City Council shall determine in advance the fee to be paid to the City Attorney for the services to be performed.
(1994 Code, § 31.40) (Ord. 4, passed 4-11-1938; Ord. 282, passed 6-12-1978)