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HomeMy WebLinkAbout~Master - Generally Defining Duties of City Manager, Attorney, and Clerk 9. 1 ORDINANCE NO. 3633 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING SECTIONS 2.44, 2.45 AND 2.48 AS THEY NOW EXIST AND ENACTING NEW SECTIONS 2.44, 2.45 AND 2.48 FOR THE PURPOSE OF MODERNIZING THE STATEMENT OF POWERS AND DUTIES FOR THE CITY MANAGER AND CITY ATTORNEY;REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED,by the City Council for the City of Ames,Iowa,that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by repealing Sections 2.44,2.45 and 2.48 and enacting new Sections 2.44,2.45 and 2.48 as follows: "Sec.2.44. RESERVED. Sec.2.45. DUTIES AND POWERS OF THE CITY MANAGER. The city manager shall be the chief administrative officer of the city and head of the administrative service. The city manager shall: (1) Supervise enforcement and execution of the city laws. (2) Attend all meetings of the city council. (3) Recommend to the council any measures necessary or expedient for the good government and welfare of the city. (4) Supervise the official conduct of all employees of the city appointed by the city manager. (5) Supervise the performance of all contracts for work to be done for the city,make all purchases of materials and supplies, and see that such materials and supplies are of the quality called for,except with respect to the municipal hospital,and the Ames Public Library. (6) Supervise the construction,improvement,repair,maintenance and management of all city property, public improvements and undertakings of the city, including the making and preservation of all surveys, maps, plans, drawings, specifications, and estimates for public improvements,except with respect to the municipal hospital and Ames Public Library. (7) Cooperate with, and give assistance requested by, the Ames Municipal Hospital Board of Trustees, the board of trustees of the Ames Public Library, or any other administrative agency,board,commission or committee of the city. (8) Be responsible for the cleaning,repair,maintenance and lighting of streets,alleys, and public places;the disposal of solid waste;and,the operation of city utilities and other services. (9) Provide for and cause records to be kept of the issuance and revocation of licenses and permits authorized by law,including cigarette permits. (10) Keep the council fully advised of the financial and other conditions of the city,and of its future needs. (11) Prepare and submit to the council,for approval,the necessary budgets. (12) Conduct the business affairs of the city and cause accurate records to be kept by modern and sufficient methods. (13) Make,to the council,each month, a financial report in writing,showing revenues and expenditures,and insure that copies of such financial reports are available for public inspection. (14) Perform such other duties as are within the discretion of the council to direct. 1 •I (15) Subject to applicable law, appoint reclassify, promote, demote, or discharge employees and fix their compensation,including the chief of police,but except: the city attorney, employees under the authority of the Ames City Hospital Board of Trustees,employees under the authority of the Board of Trustees of the Ames Public Library,the director of transit services; and, perform the duties pertaining to the city clerk,as provided by Section 2.26 hereof. (16) Appoint some officer or employee to assume,in an acting capacity,the performance of the duties of any position in the administrative service which is vacant or lacks administration due to the absence or disability of the incumbent, including someone to perform the duties of the city manager in the city manager's absence. (17) Have the power to set aside any action taken by a department head or employee within the administrative service,to supersede such department head or employee in the performance of work and duties of the position; and,to direct any department or division of the administrative service to perform work for any other department or division thereof. (18) Have the power to prescribe and promulgate rules,regulations and procedures as deemed necessary or expedient for the conduct of the officers and work of the administrative service. (19) Direct disaster services for the City of Ames and perform other such duties as the Council shall direct. (Ord. No. 2508, Sec. 2, 5-20-75) Sec.2.48. POWERS AND DUTIES. The city attorney shall be head of the legal department of the city and supervise such assistants as may be appointed. The city attorney,and assistants when so directed by the city attorney, shall have the following powers and duties: (1) Opinions. The city attorney shall give, when requested by the city council, administrative agency, city manager or department head, legal opinion upon all questions of law arising out of any ordinances, 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. (2) Legal adviser. Act as legal adviser 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. (3) Ordinances. Report to the city council any defects that may be discovered in any ordinance,and shall draw such ordinances as may be requested by the city council. (4) Contracts and litigation. 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,take appeals in such cases as the interest of the city requires, and prosecute or defend the city's interest in all the courts of the state and of the United States, all subject, however, to the direction of the city council; provided however, that the city attorney is authorized and directed hereby to prepare,sign and file proper informations when there is evidence that a person may be guilty of a violation of a city ordinance,and to prosecute any and all such informations to judgment and on appeal. (5) Sign legal papers. 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. (6) Deliver effects of office to successor. Transmit to a successor a docket of all cases pending wherein the city is a part,as well as all books,papers and documents in the possession of the City Attorney belonging to the city. (Ord.No. 2508, Sec. 2, 5-20-75)." 2 t Section Two. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 23rd day of October ,2001. C—\kAi� i -'C s. �� � iane i Voss, City Clerk Ted Tedesco,Mayor 00623 3