Johnson, 071977 MSAGO, 1977-0016

Case DateJuly 19, 1977
CourtMississippi
Honorable James R. Johnson, III
No. 1977-0016
Mississippi Attorney General Opinions
July 19, 1977
         Honorable James R. Johnson, III          309 W. Main Street          Senatobia, Mississippi 38668          Re: Municipal Funds—Payment of Attorneys In Bond Issue           Dear Mr. Johnson:          Attorney General Summer has received your letter of request dated July 15, 1977 and has assigned it to me for research and reply.          Your letter stated in part:
“I was recently appointed as the new City Attorney for the City of Senatobia at their July 5, 1977 meeting.... As you are aware, Title 21, Chapter 15, Section 25 of the Mississippi Code of 1972, Annotated, provides that when an attorney is hired by a City for the purpose of issuing bonds, the city is authorized to pay up to one percent. It has been the custom in Senatobia in the past to employ the City Attorney for one percent of the amount of bonds being issued. Also, a law firm in Jackson has been used to help on having the bonds prepared, etc., and they have received an additional fee to the one percent which the municipal attorney has received. The question is: ‘Is the one percent paid to the local attorney for his work on the bond issue to include all attorney's fee in regard to said issuance?’ In other words, is the fee charged by the law firm in Jackson supposed to be paid out of the one percent paid to the local attorney, or is the fee due the other law firm an additional allowable expense, over and above the one percent, which is to be paid by the City? ...”
         Section 21–15–25, which you cited states in part:
“Municipal attorney-appointment and compensation. The governing authorities may annually appoint an attorney-at-law for the municipality, prescribe his duties and fix his compensation, and/or they may employ counsel to represent the interest of the municipality, should the occasion require. For services and duties which the regular city attorney is not required to perform as a result of his employment as such, and which are not covered by the regular compensation paid him, such municipal attorney may be employed and compensated additionally. In cases where an attorney, whether same be the regular municipal attorney or
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