Chapter 2-24
LAW DEPARTMENT
Sections:
2-24-010 Office of corporation counsel created.
2-24-030 Materials property of city.
2-24-060 Drafting of ordinances and documents.
2-24-070 Revision of ordinances.
2-24-090 Special assessment proceedings.
2-24-100 Condemnation actions.
2-24-110 Local improvement fees.
2-24-010 Office of corporation counsel created.
There is created the office of the corporation counsel, who shall be appointed by the mayor, by and with the advice and consent of the city council, and who shall have such qualifications as are in accordance with the provisions of the statutes of the state. (Ord. 2910 § 1 (part), 1995)
2-24-020 Duties.
The corporation counsel shall perform the following duties:
A. Superintend, and with his assistants and clerics, conduct all of the law business of the city;
B. Appear for and protect the rights and interests of the city in all actions, suits and proceedings brought by or against it or any city officer, board or department, including actions for damages when brought against such officer in his official capacity;
C. Appear for and defend any member, officer or employee of the police department or fire department who is sued personally for damages claimed in consequence of any act under color of authority or in consequence of any alleged negligence while engaged in the performance of such duties;
D. Certify to the comptroller all judgments rendered against the city as of the date following the last day on which appeal may be made, when in the opinion of the corporation counsel no further proceedings are proper, provided, that when the corporation counsel is of the opinion that an appeal is not justified, he may certify such judgement to the comptroller any time, and provided further, that when a judgment is rendered against any member of the police department for injury to person or property resulting from the performance of his duties as a policeman, he shall certify such judgment to the comptroller for payment by the city when, in his opinion, such member of the police department has not been guilty of wilful misconduct and the corporation counsel is of the opinion that an appeal is not justified. (Ord. 2910 § 1 (part), 1995)
2-24-030 Materials property of city.
Upon expiration of his term of office, or his resignation thereof, or removal therefrom, the corporation counsel shall forthwith, on demand, deliver to his successor in office all deeds, leases, contracts, books and papers in his hands belonging to the city, or delivered to him by any of its officers, and all papers or information in actions prosecuted or defended by him then pending and undetermined, together with his register thereof and record of the proceedings therein. (Ord. 2910 § 1 (part), 1995)
2-24-040 Record of actions.
The corporation counsel shall keep or cause to be kept, in paper books to be provided for that purpose, a register of all actions in court prosecuted or defended by his office and all proceedings had therein. These books shall at all times be open to the inspection of the mayor, comptroller or any member or committee of the city council. (Ord. 2910 § 1 (part), 1995)
2-24-050 Opinions.
The corporation counsel shall, when required so to do, furnish written opinions upon subjects submitted to him by the mayor, the city council or a member thereof, or the head of any department. (Ord. 2910 § 1 (part), 1995)
2-24-060 Drafting of ordinances and documents.
The corporation counsel shall draft such ordinances as may be required of him by the council or by any committee thereof; and he shall prepare such deeds, leases, contracts or other documents required by the business of the city, when requested to do so by the mayor or the city council. (Ord. 2910 § 1 (part), 1995)
2-24-070 Revision of ordinances.
The corporation counsel shall have general supervision over the revision of ordinances and the insertion of general ordinances into this code. (Ord. 2910 § 1 (part), 1995)
2-24-080 Settlement of suits.
The corporation counsel shall have authority, when directed to do so by the mayor and the city council, to make settlements of lawsuits and controverted claims against the city. It shall be the duty of the corporation counsel and all other officers of the city, if any, who shall be given authority to make settlements of lawsuits or controverted claims against the city to report in writing, at the first regular meeting of the council in each and every month all cases where settlements have been made of such lawsuits or claims. (Ord. 2910 § 1 (part), 1995)
2-24-090 Special assessment proceedings.
The corporation counsel shall prepare all preliminary documents for the board of local improvements pertaining to special assessment proceedings for local improvements, shall attend all public hearings and conferences relating to the same and shall file in the designated court proceedings for the levy of special assessments as directed, and shall prosecute such proceedings. (Ord. 2910 § 1 (part), 1995)
2-24-100 Condemnation actions.
The corporation counsel shall prosecute all condemnation actions originating either with the council or by the board of local improvements. (Ord. 2910 § 1 (part), 1995)
2-24-110 Local improvement fees.
The corporation counsel shall receive as compensation a contingent fee, as fixed by the board of local improvements for each and every special assessment levied and confirmed in the courts as designated by the particular local improvement ordinances. (Ord. 2910 § 1 (part), 1995)
2-24-120 Additional fees.
The corporation counsel shall also be allowed additional fees to be computed at per diem rates for such services as he shall be called upon to perform from time to time. Payment of fees for such services so performed by said corporation counsel shall be first approved by the mayor and council. (Ord. 2910 § 1 (part), 1995)