Ordinance 893 - Full Time City AttorneyORDINANCE NO. 893
AN ORD"",ANCE TO REPEAL SECTION 2-18 and 2-19, KALISPELL CITY
CODE Alllf7 TO ESTABLISH A FULL TIME CITY ATTORNEY; TO RESTRICT THE
CITY A! 'C' , i'ORNEY FROM PRIVATE LAW PRACTICE; ESTABLISHING THE
QUALIFj.;,'ATIONS AND DUTIES OF A CITY ATTORNEY AND PROVIDING
1 , "OR LEG"11� FEY-i;S EARNED OR AWARDED TO CITY ATTORNEY ON BE1-,J(ALF
Tfll-(''I-TY TO BE PAID TO THE CITY; TO PROVIDE AN EFFECTIVE
DATE_
the City has found a substantial. increase in the
n-ecd for legal services, and a part-time city attorney is unable
to fulfill such needs; and
WHE'REAS, it is to the advantage of the City to establish
the posiUon of city attorney as a full-time position and to
-i--esLrict. the city attorney from other private practice of law
a-nd 11--huts minimize the possibility of a conflict of into -rest with
other c-3..-JLents of the city attorney; and
W11-811,EAS, the legal service needs of the city are becoming
i-,tore co,,-i-tplex indicating the desirability of prior -legal exper-
ience on -the part of the city attorney.
NOTH THEREFORE, BE IT ORDAINED BY THE CITY OF KALISPELL:
SECTION I. Sections 2-18 and 2-19 of -the Kalispell City
Code arc, hereby repealed.
11. The following new city code sections are enacted:
Section 1. The Mayor, with the advise and consent
ok- the City Council, shall appoint a City Attorney who
be a person licensed to practice as an attorney in
4-1_.,..'i r3 state and who shall have been licensed to pra.ctice
as an attorney in the. United States for at least -three
,,,7(:,;ars next prior to the date of his appointment; the
City Attorney shall hold office for two years, unless
F
..,,.)(:;.nded or removed a,,-,,, provided by law, and until his
i -i c c — essor has been appoin.ted.
Section 2. 'Phe office of City Attorney shall be a
1-time position and The City Attorney shall riot engage
any private practice as an attorney, or share directly
crr -indirectly in the profits of any private practice of
1,,�3, except, however, that he may represent himself or
;zi-,ibers of his immediate family. The location of the
0-Efice of the City Attorney shall be in the City 111all, or
at.- some other convenient place with the consent of the
Section 3. It shall be the duty of the City Attorney
,.c represent the City in the city court and at all other
cc,irts of the State of Montana or the United States; the
Cii--,/ Attorney .-.h.1.l a.1so repliese*1rit tho City in mai-.ters
ho-1),ught before other local, state or -federal adn miis-'Cra-
t ions or regulatory agencies;t
provided, however, if he
k-
Cify entitled to othe.r legal representation in any
cT?,3'C,tor; as a result of inEvurance cover:�,ige,. such represen-
t,:i.J.ve need not be -the C-Lity ALtarney., Tile City 'Af-4-orney
sl-:J J- prepal7E.,, W*1,_..�1'1 -qU(,-is
_ 1 1. ( .1 ordin�_-,nces and
or- to c0i)si!`.':,"Ic',J, b,/, the City a.nd
to contr a 0 i -I s to W),-)JC'11, i-JI-le city a PE. r 1_'_v 'T'he
Cit/ Attorney 1all a.-iso,
to the
Ur. Cii_y Council wL:.:Itteii opil.,.sons or. questic��,� P e r -
!-:aj I i to t- h e d,,_.,i t i.nd Lhe, rJ_.qht-s, j_iabili.tics.and
5 t3b_
powers of the corporation. Provided, however, that
the City Council- may provide for assistants to the City
Attorney and, in special cases, employ other and addit-
ional legal counsel and provide for payment of such
services..
Sec Lion 4a The Cil_y Attorney shall be paid a. salary
for his services. The City Council shall fix his annual..
salary by ordinance as provided by law. All other legal
fees charged by or awarded to the City Attorney as a
result of his representation of the City shall be paid
to the City.
Section 5. Upoy.1 the expiration of his term, or his
resignation or removal from office, the City Attorney
shall forthwith, on demand, deliver to his successor in
office, all papers belonging to the City and report con-
cerning the status of all pending legal matters of the
City.
SECTION III. This ordinance shall be effective or and
after the Ist day of'July, 1978.
PASSED BY
BY THE MA
ITY COUNCIL.,"O'F THE .ATY OF KALISPELL, AND APPROVED
IS IrWII PAY OF 19 7 33.
I Norma E.
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app, May
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tlle day of T4_ 19 T -
postt,�'d a copy Of Ord
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