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HomeMy WebLinkAboutOrdinance 1474 j ORDINANCE NO . 1474 AN ORDINANCE FIXING 'THE DUTIES AND THE METHOD OF COMPENSATION OF THE CITY ATTORNEY OF THE CITY OF FAYETTEVILLE , ARKANSAS , AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH, INCLUDING SECTIONS 2 - 10 , 2- 119 CODE OF ORDINANCES WHEREAS , the City Council of the City of Fayetteville , through its Finance Committee , has now completed a study of the duties and compensation of the office of City Attorney of the City of Fayetteville , Arkansas , and WHEREAS , in furtherance of said study , an advisory committee composed of three practicing attorneys of the Washington County Bar Association, were appointed to make an independent study of the duties and compensation of said office and to make recommendations pertaining thereto , and WHEREAS , said advisory committee after examination of the duties and time required of said office , the prevailing compensation for such work in this vicinity , and after conducting a study of the duties and compensation of said office in five other cities in the State of Arkansas , comparable in size to this City , has made and reported its recommendations to the City Council , and WHEREAS , the City Council , after due consideration of said studies and the recommendations of said advisory committee and the Finance Committee , is desirous of implementing said recommendations ; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE , ARKANSAS: SECTION 1 . Duties . The duties of the City Attorney of the City of Fayetteville , Arkansas , shall be as follows : A . To prosecute all cases whether civil or criminal involving the violation or enforcement of city ordinances before the municipal court and to prosecute or defend all appeals of such cases from the municipal court to the circuit court . B . To perform routine duties for the water and sewer departments , to furnish legal advice to the Mayor or City Manager , City Council Alder - men, or Board Members , Chief of Police , Chief of the Fire Department , City Controller , City Clerk , Chairman of the Civil Service Commission; and Chairman of the Planning Commission , and all other city officials and administrative heads of departments of the City, whether elected, appointed or employed by the City . C . To draft all ordinances , resolutions , contracts , leases , conveyances , bonds , and such other instruments of writing as may be required by the business of the City . MICROFIILMFOCT Do 1973DATE REEL Ordinance No . - 1474 - 2 - December 6 , 1965 <�) D . To furnish written opinions upon subjects of a legal nature relating to the affairs of the City government requested by any City official or administrative department head . E . To attend City Council meetings and upon request any meeting therefor , any meeting of the Civil Service Commission, Board of Adjustment , Board of Appeals , Planning Commission , or any other administrative board of the City government . SECTION 2 . Compensation . The regular salary of the City Attorney and a regular allowance for incidental expenses incurred in connection with the performance of his duties , shall be established by the annual budget . Said salary shall be full com - pensation for all services required by Section . l of this Ordinance to be performed by the City Attorney . SECTION 3 , Additional Services . The City Attorney shall receive additional compensation in the event that he is called upon to render services in connection with improvement districts , bond issues and other legal matters not specified in Section 1 of this Ordinance , and when he is called upon to render legal services in any situation where the City of Fayetteville is involved in a cause pending in the Circuit , Chancery or County Court of the State of Arkansas , or the United Stated District Court; or in appeals to the Supreme Court of the State of Arkansas , the United States Court of Appeals and the Supreme Court of the United States , or in any other legal proceeding not otherwise provided for in Section 1 of this Ordinance . SECTION 4 . Sections 2- 10 and 2 - 11 of the Code of Ordinances , City of Fayetteville , Arkansas , and all other ordinances or parts of ordinances in conflict herewith , are hereby repealed, and this ordinance shall take effect from and after its passage , approval and publication . SECTION 5 . The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the City of Fayetteville , Arkansas , as an addition or amendment thereto , and shall be appropriately renumbered to conform to the uniform numbering system of the Code . APPR OVED: h VW/1 GUY E . BROWN, MAYOR ATTEST: 1 GEORGE./J. DAVIS , CITY CLERK 1, STATE of ARKANSAS l 1 f SS. County of Washington hereby certify that I l am the (Genera Manager) •of E NC72THWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of �. C * business and at a fixed (daily) intervals continuously in the City of r Fayetteville, County of Washington, Arkansas for more than a period . r of twelve months, circulated and distributed from an established place of ' business to subscribers and readers generally of all classes in the City 6 County for a definite price for each copy, or a fixed price per annum, I which price was fixed at what is considered the value of the publication, • based upon the news value and service value it contains, that at least fifty ' percent of the subscribers thereto have paid cash for their subscriptions to the newspaper or its agents or through recognized news dealers over a r period of at least six months ; and that the said newspaper publishers an / average of more than forty percent news matter. � l I further certify that the legal notice hereto attached in the matter of was published in the regular daily issue of said newspaper for---.L____-_ ..onie_entir insertion/ as follows : r.. _ _ '��_. The first insertion on the ______�_____. _ day of 194 f{ ' the second insertion on the —__—_ day of _ 19-- ¢ the third insertion on the —_--_____—__— day of —__ 19—_ r and the fourth insertion on the _____.....—...... day of ----- Sworn to and subscribed before me on this day of --_-- - 'r .A1 ary Public My Commission Expires : Fees for Printing ' 10 .1 Cost of Proof ,!�* Total OROINANCg NO. lOa _-- AddirallN AN ORDINANCE FIXING THE ,ey ahalC caceloa ad- DUTIES • AND . SRC' METHOD OF ,:t n:u ley sh lr c a evert CONIPENSATia QF THE CITY , i he is called upon to render ATTORR i R THE CITY Or vices in connection with int FAYCy' R K A N S A S,i cement districts, bond issues AN ORDI-I � ,i other legal matters not speci- N T aS -.i in Section 1 of this Ordinance, W ONS J when he is called upon to ren- ' ±-]d, CES. W �' Codncit of r legal services in any situation ' the h i a, th ough ' ' ere the City of Fayetteville is - fserlp h c,dved in a cause pending in theitsis j I hLles l' :reuit. Chancery or County Court an - f't a of Of the Stole of Arkanse, or the City AUtenQy of the City of Fay United States I)lstrtot Court; e .•ttecilh. sykapsas, and Ito appeals to the Supreme Court WHEREAS;4 ill us and ggf mid of the State of Arkansas, the United an furtherance i-tit IitLd States Court of Appeals and the ! ` imreme Court of the United Slates, or in any other legal pro- " O I eii° 1p1-' ceedin not otherwise t ninon et L ppoi ted to 8 provided for R<• .an independent study of the in Section 1 4. this Ordinance. ies and compensation of said SECTION 4. Sections &1A end e and to make recommends- ±-11 Of the Code of Ordias, and s pertaining thereto. and alley other Fayetteville, Arkansas, and , 6' HEREAS, said 'advisory com- all other ordinances er parts rof e t ;ee after evamirtation of the ordinances al conflict herewith, ere , Jot +es .and time required of said herby repealed, and thin ordinance . shall take ,deice. the pdevailing compensa- from end after its , tion for such typrk in this vicinity passage, approval and publication. -and after eonducttng• a studv of SECTION S. The provisions of the duties L:ano' ,..coWppeeiuA1igA of this ordinance shall C included sa of office in 'five ofller cities in and incorporated in the Code ye te- the State- able ville, Ar of the City of Fayette- . 77ffi£("d'' ``aS' villa, Arkansan, as an addition or rsize to th y, m de and amendment thereto, and shall he eported ihv; ecStpew6aiiapa to appropriately renumbered to cont the City' Council. and - form to the uniform numbering WHYRRR9GftpRe n.C$Y :1of "!it system of the Code. after due corr��yyderation of said PASSED AND APPROVED this studies gn#V4 latomt4VOlalttahs ' GtH day of Derember, INS. of said advisory ommittee and APROVED: the Tiryflae•UQYiti�ee+9flglf1lroas GUY E. BROWN. Mayor Of imptamenIini a rycgm enda- ATTEST'. tions.. • R �H S '• GEORGE J. DAVIS, NOW THEREFORE. BE ZR- City Clerk RAINED BY THE CITY OF THE CITY. 01;- FVY.E .T'�E- VILLE. ARKANSAS. t. SECTION „I. 0Thq, duties Of fhe City Atto%n of the -City q{ Foyelteytlle,, Arkansas shall be as follows: ' A. To prosecute all cases wheth- civil or criminal involving the vtNaUeal enfgJcement of - ly ordinances before the mu- : icipal caturttand W prosecute or fief no all apppeals of such cases m;9JJ& 'nT*Jpsleig rt to the -resit court. R 9M pe Rol m-iWhtisee duties for Ute �lyaW��r. and se�yq' depart >prtW. M` Iurnljh 'IAgaQ,ad9fce to ! the'tKaYgpty errh �G�t3' �, caii{>Cil Aldermen of hFire Yehm!'F oftto110aiA41ef of he Fire City a8 plant,. C$y Q troller, City CM7c;Y'hMMShatr6f '. the Civil` Sea7l*ei f0ne, ' and Ghairmap _qf tpe�ting� Rhtimisafon, 'a < AadaIsipfatra@ItL heads and - b " � , i1ye Offic of departti�- oYthe 2ity w hather elected, ay*lhladr m' ctnployed by the city,,,, C To draft all ' Wiirtatices. resolutions, contracts. hvihs;.Aton- ieyances, bonds, and sugh .other n.struments of writing as may be required by the business ,of the rely. D. To furnish written opinions upon subjects of a legal nature relating to the affairs of the city ! government requestad 4 '•, )ny : itv official or admtniatrL de- -artment head. t. To attend City Council ral ngs and upon request a �7q sat- ng therefor, any meetin'FMf Anv ommittee of the City Council, ind any meeting of the gtyi pseert'i� e commission, board of a4djust- inertll board of appeals, planning onimission, or am' other admin- . -strative board of the CifIr gov ornma t. SFCTION ±. Compensation. The uular salary of the City Attorney : :.I a rrgaiar allowance for inrt- ri ,