Copyrighted by MIDLAND CHARTER & Municipal Code Corporation, 1998.

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Sec. 8.4. City attorney.

(a) The City Attorney shall act as legal advisor to, and attorney and counsel for, the Council in matters relating to their official duties. He shall give legal opinions concerning the affairs of the City of Midland only to the Council and to the City Manager. All such opinions shall be in writing and a copy thereof shall be filed with the City Clerk.

(b) He shall conduct for the city all cases in all courts and before all legally constituted tribunals whenever the city is a party thereto.

(c) He shall prepare, or officially pass upon, all contracts, bonds, and other instruments in writing, in which the city is concerned, and shall certify before execution as to their legality and correctness of form.

(d) He shall file in the office of the City Clerk the original copy of all franchises granted by the city, of all contracts and agreements entered into by or in behalf of the city, and of all papers constituting a part of the proceedings in all courts or legally constituted tribunals to which the city is a party, together with the proper data and information concerning the same.

(e) He shall be charged with the responsibility of calling to the attention of the Council and the City Manager all matters of law and changes or developments therein affecting the city.

(f) He shall perform such other duties as may be prescribed by this charter or by the Council.

(g) Upon the recommendation of the City Attorney, approved by the City Manager, or upon its own motion, the Council may retain special legal counsel to handle any matter to which the city is a party or in which the city has an interest, or to assist and co-counsel with the City Attorney therein.

The remuneration set by the Council for the City Attorney as required in this charter shall be in contemplation of the normal duties of that office. Special compensation may be provided at the discretion of the Council in cases of appeals to, or litigation commenced in, higher courts than the circuit court, work requiring extensive hearings before administrative or quasi-judicial tribunals, and for legal work in connection with the issuance of bonds of the city. No such special compensation shall be given by the Council, except in accordance with an agreement between itself and the City Attorney, made before the service for which such special compensation is to be paid has been rendered.

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