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HomeMy WebLinkAboutOrd 0925 - Deputy City Attorney (Repealed by Ord 1320) - io, 7 /t) SUBSTITUTE ORDINANCE NO. 925 x AN ORDINANCE creating the Position of Deputy City Attorney, Prescribing pr Duties therefore, and amending Ordinance+' +CPf4, 559, Section 1 and T.M.C. 2.16.010; Ep Ordinance 605, Section 2 (A) (B) (F) and B� T.M.C. 2.16.020; Section 3, (B) (C) and ,320 T.M.C. 2.16.030; adding new sections, and repealing Section 4, Ordinance 605 and T.M.C. 2.16.040. THE CITY COUNCIL OF THE CITY OF TUKWILA DO ORDAIN AS FOLLOWS: Section 1. Ordinance 54, Section 1, and T.M.C. 2.16.010 are hereby amended to read as follows: OFFICE CREATED. There is hereby created the office of City Attorney in and for the City of Tukwila, pursuant to the laws of the State of Washington which office shall be filled by appointment of the Mayor subject to confirmation by a majority vote of the entire City Council. ((Ass4stants te the City Attereey sha be appe4eted -as required by the 6eawe4L.)) Upon determination by the City Council that a Deputy City Attorney is required for specialized legal services, the Mayor shall appoint a person to the position(s), subject to confirmation by a majority of the entire City Council. Section 2. Ordinance 605, Sections 2 (A) (B) (F), and T.M.C. 2.1 -.020 are hereby amended to read as follows: DUTIES. The City Attorney shall advise the city authorities and officers in all legal matters pertaining to the business of the city and shall approve all ordinances as to form. He or she shall represent the city in all actions brought by or against the city or against city officials in their official capacity. He or she shall perform such other duties as the city council by ordinance may direct. In addition to the duties prescribed by the Laws of the State of Washington as herein above set forth, the City Attorney shall: (A) attend all regular meetings of the Council, or be represented by ((h4s Ass4stant, 4f any.)) an attorney of his or her designation, unless otherwise excused la the Council. (B) Prepare, draft or supervise the preparation of all ordinances, resolutions, leases, instruments of conveyances, contracts and agreements, and such other and similar instruments as may be required by the business of the City.((when requested te de se by the 6eune41 er the Mayer.)). (C) Advise the Council, Boards, Commissions, department heads and other City officials and officers; including the rendering of formal opinions when so requested, or when it appears to be Attorney advisable to do so. (D) Represent the City in Traffic Court actions and prosecute all violations of City ordinances. (E) Consult with and participate with other City officials or represen- tatives of the City concerning settlement of claims against the City or its officials, officers and employees while acting in their official, governmental capacities. (F) Attend ((when requested by the Mayer)) official meetings of any Board or Commission in connection with the proposed drafting of any ordinances, resolutions or contracts. PROVIDED THAT: The provisions of this section do not apply where the City Council has appointed a Deputy City Attornefs) and prescribed duties therefor. Section 3. NEW SECTION. There is added to Ordinance 605 and T.M.C. 2.16 a new Section 3 as follows: OFFICE CREATED. DEPUTY CITY ATTORNEY FOR LAND USE. There is hereby created the office of Deputy City Attorney for Land Use, which shall be filled by appointment by Mayor subject to confirmation by a majority of the entire City Council. The Deputy City Attorney for Land Use shall be an attorney who is a specialist in Land Use Law. 4 The Mayor is directed to make this appointment no later than May 5,,1975. 1)A3‘. Section 4. NEW SECTION There is added to Ordinance 605 and T.M.C. 2.16 a new Section 4 as follows: DUTIES. Deputy City Attorney for Land Use. The Deputy City Attorney shall advise the City authorities in all legal matters pertaining. to the business of the City relating to land use, and shall approve all ordinances relating to land use as to form. The Deputy City Attorney shall represent the City in all actions brought by or against the City or against city officials in their official capacity relating to land use matters. In addition, the Deputy City Attorney shall: (A) Attend meetings of the Board of Adjustment and public hearings of the Planning Commission and the Council. (B) Prepare, draft, or supervise the preparation of all ordinances, resolutions, leases, instruments of conveyances, contracts, agreements, and such other similar instruments as may be required for a land use related matter. These include, but are not limited to, rezones, special use permits, conditional use permits, exceptions to the sign, zoning and underground wiring ordinances, changes to the Comprehensive Land Use Plan and other Comprehensive Plans of the City, Local Improve- ment Districts, negotiating and acquiring property for the City by condemnation or otherwise, and obtaining easements and rights-of-way. (C) Advise the Council, and its committees, Board of Adjustment, Planning Commission,. Department of Planning, Department of Public Works, and other City officials andioff cers nn -all matters within the scope of Section 4 of this ordinance. Section 5. Ordinance 605, Section 3, (B) (C), and T.M.C. 2.16.030 are hereby amended to read as follows: COMPENSATION. The City Attorney and ((the Ass4staet G4ty Attorney; i€ any,)) duty City Attorney(s) shall receive such contractural retainer and in such amounts as the Council may, from time to time, establish by ordinance and as fixed by the City's annual budget, which such payment shall constitute the base pay for all legal services performed in connection with or having to do with all City operations, provided, however, that such base contractural amount as provided for in the City's annual- budget shall not include the following which shall be compensated as mutually agreed: (A) Representing the City in any Superior or Supreme Court action or the preparation thereof, including appeals thereto. (B) Legal services rendered in negotiating and acquiring property for the City whether by condemnation or otherwise, the obtaining of easements and rights ofway ((er t4 me spent en genera3 eb14gatien er revenue bend issues)). (C) Legal services in the preparation of resolutions, ordinances, or like services in connection with the establishment of any Local Improvement District ((wh4eh sha44 4e eefpensated.at a }at rate e€ three pereent f3 It is further contemplated that from time to time some matter, action or cause may come before the City requiring services over and above the formal and general duties of the City Attorney, or Deputy City Attorney(s). Whenever such legal services as are enumerated hereinabove are requested and required by the Council, then same shall likewise be compensated for at the rate fixed for such additional duties on a mutually agreea Ile basis, but giving due consideration to the minimum fee schedule of the applicable local bar association. Whenever such additional services are required, over and above those covered by the base compensation as set forth in the City's annual budget, such matters shall be reflected in the Minutes of the Council meeting and the City Attorney or Deputy City Attorney shall keep a complete and accurate record of such additional legal services rendered to the City and submit same to the Clerk prior to any such payment. Section 3 of Ordinance 605 is renumbered to Section 5. -2- / SECTION 6. Section 4 of Ordinance 605 and T.M.C. 2.16.040 are hereby repealed. SECTION 7. EFFECTIVE DATE. The Council finds that in the interest of the public health, safety and welfare, that this ordinance shall become effective immediately. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this yZ /nt day of ,4)J, 1975. er? .//1?: ayt ..irn 1/420 Date Approved ATTEST: 'SL) City Clerk 1 APPROVED AS TO FORM: mO.ki0r Ye_i-oec) c d n City Attorney (Could ne4- 5; CouncA Y€ rod fl n(i.. o r5 ve-L) ¥ot2 o n 5'5)15: Pc b 1(Sv,Ed 11f, t \t, l -3-