Chapter 2.05
CITY ATTORNEY

Sections:

2.05.010    City Attorney – Authority.

2.05.020    Duties of City Attorney.

2.05.030    Code of ordinances authorized.

2.05.040    Substitution of titles.

2.05.050    Changes in text.

2.05.060    Code of ordinances as evidence.

2.05.010 City Attorney – Authority.

The office of City Attorney is created, which City Attorney shall be the chief legal officer of the City, and shall prosecute and defend for the City of Monmouth all actions at law or in equity, and all special proceedings for or against the City of Monmouth. The City Attorney shall commence any legal proceedings when directed to do so by the City Council, or such other board or commission so authorized by the Charter or ordinances of the City, and he shall give legal advice in writing to the Mayor, Council, City Manager, and various officers, boards and commissions of the City, when requested to do so by them, upon questions of law arising in their separate departments, involving the rights and liabilities of the City. The City Attorney shall not dismiss or settle any litigation for or against the City, or take an appeal in any appellate court unless he is instructed to do so by the City Council; provided, however, that the City Attorney shall have authority to compromise, settle or dismiss any litigation in the Municipal Court of this City or such other court involving prosecution of a violation of an ordinance of this City. (Ord. 678, § 14. Code 1983 § 11.610.)

2.05.020 Duties of City Attorney.

The City Attorney shall draw such ordinances, resolutions, contracts, or other instruments, as shall be requested by the Council or City Manager and shall attend the meetings of the City Council. The City Attorney shall prosecute all violations of the provisions of the Charter or City ordinances of this City. (Ord. 678, §§ 15, 16. Code 1983 § 11.615.)

2.05.030 Code of ordinances authorized.

The City Attorney of this City is authorized and directed, within the limitations imposed by the budgets of this City, to have prepared a code of ordinances of this City. (Ord. 667. Code 1983 § 11.620.)

2.05.040 Substitution of titles.

In preparing such code of ordinances for publication and distribution, the City Attorney may substitute “City Manager” for “City Superintendent,” “Superintendent of Streets” and “City Engineer”; “Chief of Police” for “Marshal”; and “Municipal Judge” for “Recorder” when such reference is to the Recorder in his judicial capacity, and, further, “Municipal Court” for “Recorder’s Court.” (Ord. 667. Code 1983 § 11.625.)

2.05.050 Changes in text.

In preparing editions of this code for publication and distribution, the City Attorney shall not alter the sense, meaning, effect or substance of any ordinance, but, within such limitations, may renumber sections and parts of sections of the ordinances, change the wording of head-notes, rearrange sections, change reference numbers to agree with renumbered chapters, sections or other parts, substitute the proper subsection, section or chapter or other division numbers, strike out figures or words which are merely repetitious, change capitalization for the purpose of uniformity, and correct manifest or clerical or typographical errors. (Ord. 667. Code 1983 § 11.630.)

2.05.060 Code of ordinances as evidence.

When any edition of the code, or part or supplement designed to replace parts of or to supplement a previous edition and to bring such edition up to date, is published by authority of the City Council, the City Attorney shall cause to be printed in the edition, part or supplement a certificate that he has compared each section in such edition, part or supplement with the original section in the ordinances, and that, with exception of the changes in form permitted by this chapter and other changes specifically authorized by ordinance, the sections in the published edition, part or supplement are correctly copied. Any edition, part or supplement certified as provided herein shall constitute prima facie evidence of the ordinance in all courts and proceedings, and any section in such edition, part or supplement may be amended or repealed by amending or repealing such section of the code, part or supplement without reference to the ordinance from which it was derived. (Ord. 667. Code 1983 § 11.635.)