§ 35. City attorney.

(a)

The city manager shall appoint a city attorney with the advice and consent of the city council. The city attorney shall be a competent practicing lawyer licensed to practice law in the State of Texas. Within ninety (90) days from the beginning of his or her tenure in office, the city attorney shall establish and maintain throughout such tenure a primary residence in Grand Prairie, Texas. The city attorney shall hold office at the will and pleasure of the city manager and city council and may be removed from office by the city manager with the advice and consent of the city council.

(b)

The city attorney in person or by assistant shall:

(1)

Represent the city in litigation and adversary proceedings;

(2)

Have authority to administer oaths and affidavits;

(3)

Prosecute cases brought before the municipal court;

(4)

Approve as to form in writing all proposed ordinances before they shall be adopted, or file with the city council, in writing, his objection thereto; however, nothing in this provision shall serve to invalidate any ordinance approved by the city council;

(5)

Draft proposed ordinances granting franchises;

(6)

Inspect and express an opinion upon documents, contracts and other instruments involving matters of a legal nature in which the city may be interested;

(7)

Be the legal adviser to the city manager, the city council or any committee thereof official boards and commissions and city officers with respect to any legal question involving an official duty or any legal matter pertaining to the affairs of the City of Grand Prairie;

(8)

Upon the direction or consent of the city council, appear in any and all litigation affecting the city and to represent the city in such manner as he deems to be to the best interest of the city, and to institute such legal proceedings as may be necessary or desirable on behalf of the city;

(9)

Advise or represent officers and employees of the city in litigation in matters arising out of the official conduct of their office or duties or in the course of their employment;

(10)

Perform such other duties as the city council or city manager may direct or request.

(c)

There shall exist an attorney-client relationship between the city attorney and the City of Grand Prairie, Texas, and the city council of the City of Grand Prairie, Texas. The privileged nature of communications between attorney and client as established and recognized by the common law, statutory law, and the laws of the state bar of Texas shall apply. Any counsel employed by the City of Grand Prairie, Texas, for special purposes shall serve under the authority of the city attorney unless otherwise directed by the city council.

(Added November 3, 1987)