Loading...
HomeMy WebLinkAbout~Master - Repealing Chapter 9 of Municipal Code, Providing for Assistant City Solicitor w ORDINANCE NO. 1051 AN ORDINANCE REPEALING CHAPTER 9 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA; PROVIDING FOR THE APPOINTMENT OF A CITY SOLICITOR AND AN ASSISTANT CITY SOLICITOR; PROVIDING THE POWERS AND DUTIES OF SUCH OFFICERS; AND PROVIDING FOR THEIR COMPENSATION. Be It Ordained By The City Council of The City of Ames, Iowa, as follows: Section 1. That Chapter 9 of the Municipal Code of the City of Ames, Iowa be and the same is hereby repealed, and the following be and the same is hereby enacted in lieu thereof to be known as Chapter 9 of the Municipal Code of the City of Ames, Iowa. 9-1 Appointment. The city solicitor shall be appointed by the council, and the council may appoint, upon recommendation of the city solicitor, such assistant city solicitors as it deems necessary. 9-2 Powers and Duties. The city solicitor shall be head of the legal department of the city and supervise such assistants as may be appointed. The city solicitor and his assistants, when so directed by the city solicitor shall have the following powers and duties: A. Opinions. The city solicitor shall give his legal opinion upon all questions of law arising out of anyordinances, suits, claims, or demands for or against the city, and shall give such opinion in writing unless otherwise so requested, which said opinion shall be filed and preserved among the records of the city clerk. B. Legal Advisor. He shall act as legal advisor to all city officials, boards and commissions as far as their or its official duties are concerned, when requested to do so by said officials, boards and commissions. C. Ordinances . He shall report to the city council any defects that he may discover in any ordinance, and shall draw such ordinances as he may be requested by the city council or the ordinance committee thereof. D. Contracts and Litigation. He shall, when directed to do so by any city official, board or commission, draw all contracts between the city and other parties, prosecute and defend all suits or other matters in which the city shall be a party, including violations of city ordinances, take appeals in such cases as the interest of the city requires, and prosecute or defend the cityts interest in all the courts of the state and of the United States, all subject, however, to the direction of the city council. -2- E. Membership on Boards. He shall be a member of the boards of trustees of the retirement funds for policemen and firemen and an ex-officio member, without vote, on the board of trustees of the retirment system for utility employees and such other boards as designated by the city official. F. :Sign Legal Papers. He is authorized to sign the name of the city to bonds and papers of whatever kind necessary in legal proceedings for the prosecution of any suit in court when directed to do so by the city council. G. Material to Successor. He shall transmit to his successor a docket of all cases pending wherein the city is a party, as well as all books, papers and documents in his possession belonging to the city. 9-3 Assistant Solicitor. The assistant city solicitor shall attend the traffic court sessions of the municipal court, prosecute all traffic and other ordinance violations; confer with the police department and other departments concerning ordinance viol- ations; perform the duties of the city solicitor in his absence; and perform such other duties as may be directed by the city solicitor. 9-4 Reimbursement for Official Expenditure. The city solicitor and his assistants shall be reimbursed for all money necessarily expended and actually paid out in attending to his official business, which expenses, after a full report as to the amount claimed and for what purpose, shall be passed upon by the city council and paid as other claims. 9-5 Compensation. The city solicitor and his assistants shall receive such monthly salary as shall be fixed by the council by agreement with the city solicitor, which salaries shall be paid bi-monthly from such funds as may be designated or determined by the city council. A. The salary of the city solicitor shall be compensation for attendance at the meetings of the city council, for all opinions rendered to the city council, city officials, boards and commissions, for drawing contracts to which the city is a party, and for drafting ordinances, resolutions, and other legal documents affecting the city. B. The salary of the assistant city solicitor shall be compensation for attendance at traffic court sessions of the municipal court, the prosecution of traffic and other ordinance violations, and confering with the police department and other departments concerning ordinance violations. I w -3- C. For all other services rendered other than those specified in A and B above, including litigation in the District Court and Supreme Court, the city solicitor and his assistants shall receive such additional compensation as may be determined before such services are rendered. This compensation shall be passed upon and paid in the same manner as other claims. Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordnance are hereby repealed. Section 3. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. Passed this 8th day of r January , 1963. M. P. �Jor)dan Aty Clerk Pearle P. Dellart, Mayor Moved by Schilletter and seconded by Judge Ordinance No. 1051 be ipassed on its first reading. Voting Aye: Judge, Brouhard, Eschbach, Bledsoe, Schilletter. Voting Nay: None Absent: Armstrong Moved by Judge and seconded by Brouhard the rules governing the passage of ordinances be suspended, the second and third readings be omitted and Ordinance No. 1051 placed on its final passage. Voting Aye: Judge, Brouhard, Eschbach, Bledsoe, Schilletter Voting Nay: None Absent: Armstrong Moved by Schilletter and seconded by Bledsoe Ordinance No. 1051 do now pass. Voting Aye: Judge, Brouhard, Eschbach, Bledsoe, Schilletter Voting Nay: None Absent: Armstrong Mayor DeHart declared Ordinance No. 1051 duly adopted. I, M. W. Jordan, City Clerk of the City of Ames, Iowa, do hereby certify that the above and foregoing Ordinance No. 1051 was duly and properly adopted by the City Council of the City of Ames, Iowa, on the 8th day of January, 1963, and published in the Ames Daily Tribune on the loth day of January, 1963. M. W. Jordan i y Clerk