City Manager-Commission Charter

Modified City Manager-Council Charter

Municipal Government Generally

Mayor-Aldermanic Charter

Chapter 1
Mayor-Aldermanic Charter — Adoption and Surrender

Part 1
Definitions

6-1-101. Charter definitions.

As used in chapters 1-4 of this title, unless the context otherwise requires:

  1. “Board” means the mayor and the aldermen;
  2. “Department head” means the city administrator, city recorder, treasurer, police chief and any other department heads appointed by the board or mayor;
  3. “Officer” means the mayor, aldermen, city attorney and city judge;
  4. “This charter” refers to chapters 1-4 of this title; and
  5. “Ward” means a geographical subdivision of the municipality established for the purpose of securing representation on the board.

Acts 1991, ch. 154, § 1; 1992, ch. 612, § 1.

Compiler's Notes. Former part 1 of this chapter, §§ 6-1-1016-1-103 (Acts 1957, ch. 40, §§ 1, 2; 1959, ch. 232, § 2; T.C.A. (orig. ed.), §§ 6-117, 6-133, 6-134), concerning mayor—aldermanic charters, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

Attorney General Opinions. Electronic signatures on petitions for municipal formation and annexation.  OAG 12-80, 2012 Tenn. AG LEXIS 76 (8/2/12).

6-1-102. Use of “shall” and “may.”

As used in this chapter, “shall” is mandatory and “may” is permissive.

Acts 1991, ch. 154, § 1.

Compiler's Notes. Former part 1 of this chapter, §§ 6-1-1016-1-103 (Acts 1957, ch. 40, §§ 1, 2; 1959, ch. 232, § 2; T.C.A. (orig. ed.), §§ 6-117, 6-133, 6-134), concerning mayor—aldermanic charters, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.

Part 2
Adoption of Charter

6-1-201. Right to adopt charter — Incorporation within specified distances from existing cities.

    1. The residents of any incorporated municipality or of any territory wanting to incorporate under this charter may adopt chapters 1-4 of this title in the manner provided in this chapter. Thereupon, the municipality or territory shall be and become incorporated and be governed as set forth in this chapter. No unincorporated territory shall be incorporated under this charter unless such territory contains not fewer than one thousand five hundred (1,500) persons, who shall be actual residents of the territory.
    2. No unincorporated territory shall be allowed to hold a referendum on the question of whether or not to incorporate under this charter until a plan of services is documented, setting forth the identification and projected timing of municipal services proposed to be provided and the revenue from purely local sources to be payable annually. The plan of services shall be attached to the petition to incorporate when such petition is filed with the county election commission. The plan of services shall include, but not be limited to, police protection, fire protection, water service, sanitary sewage system, solid waste disposal, road and street construction and repair, recreational facilities, a proposed five-year operational budget, including projected revenues and expenditures, and the revenue from purely local sources to be payable annually. Municipalities that are first incorporated on or after July 1, 1993, and that produce no local own-source revenues in any fiscal year, shall not receive any state-shared revenues during the next fiscal year.
    3. Prior to filing the petition with the county election commission, a public hearing on the referendum on the question of whether or not to incorporate under this charter and plan of services shall be conducted. The public hearing shall be advertised in a newspaper of general circulation for two (2) consecutive weeks.
      1. Except as provided in subdivision (b)(2), no unincorporated territory shall be incorporated within three (3) miles of an existing municipality or within five (5) miles of an existing municipality of one hundred thousand (100,000) or more in population according to the latest census certified by the department of economic and community development. “Existing municipality” and “existing municipality of one hundred thousand (100,000) or more in population” do not include any county with a metropolitan form of government with a population of one hundred thousand (100,000) or more, according to the 1990 federal census or any subsequent census.
      2. If any part of the unincorporated territory proposed for incorporation is within five (5) miles of an existing municipality of one hundred thousand (100,000) or more, according to the most recent federal census, and if the governing body of such municipality adopts a resolution by a two-thirds (2/3) vote indicating that the municipality has no desire to annex the territory, such territory may be included in a proposed new municipality. A petition for incorporation shall include a certified copy of such resolution from the affected municipality.
    1. In any county having a population of more than eighteen thousand two hundred (18,200) and less than eighteen thousand five hundred (18,500), according to the latest census certified by the department of economic and community development, if any part of the unincorporated territory proposed for incorporation is within five (5) miles of an existing municipality of one hundred thousand (100,000) or more in population or within two (2) miles of an existing municipality of more than one thousand (1,000) and fewer than one hundred thousand (100,000) in population, according to the 1990 federal census or any subsequent census, then action on the petition as provided in §§ 6-1-202 and 6-1-204 shall be held in abeyance for fifteen (15) months from the date of filing the petition. If, within this period, the existing municipality does not annex at least twenty percent (20%) of the land area or twenty percent (20%) of the population of the territory proposed for incorporation, then proceedings shall be continued as provided in §§ 6-1-202 and 6-1-204 as though the petition had been filed at the conclusion of the fifteen-month period. If the existing municipality annexes at least that part of the territory within this period, then the petition shall be null and void.
  1. Notwithstanding subsection (a) or (b) to the contrary, a territory may be incorporated if the following conditions are fulfilled:
    1. The territory contains two hundred twenty-five (225) residents or more;
    2. The territory is composed of property that is one thousand six hundred feet (1,600') or more above sea level on the western border of the territory and contiguous with a county boundary on the eastern border of the territory;
    3. The territory is located within an area that is bordered on the west, north and east by the Tennessee River and on the south by the border between Tennessee and another state; and
    4. The territory is located within a metropolitan statistical area.
  2. Notwithstanding subsections (a)-(c) to the contrary, a territory may be incorporated that meets the following conditions:
    1. The territory contains three hundred (300) residents or more;
    2. The territory's western boundary is contiguous with the western boundary of the county in which it is located;
    3. The territory is located within an area bordered on the north by the Loosahatchie River and on the south by the Wolf River;
    4. The territory's eastern boundary is approximately parallel with the western boundary, but in no place is more than eight (8) miles from the western boundary; and
    5. The territory is located within a metropolitan statistical area.
  3. Notwithstanding the requirements of this section, or §§ 6-1-202, 6-1-203, and 6-1-209, or any other law to the contrary, the petition for incorporation of the territory described in this subsection (e) may consist of a letter from a resident of the territory desiring to incorporate to the county election commission requesting that the question of incorporating the territory be placed on the ballot. The letter shall describe the exact boundaries of the proposed municipality, indicate the name of the proposed municipality, and indicate under which charter the territory desires to incorporate. The letter shall be treated as a petition meeting all the requirements of law.
    1. Notwithstanding any law to the contrary, whenever the governing body of any existing city affected by this section, by a resolution adopted by a majority vote of its governing body, indicates that it has no interest in annexing the property to be incorporated, and when a certified copy of such resolution and a petition requesting that an incorporation election be held are filed with the county election commission, then the proceedings shall continue as provided in this chapter as though the proposed new incorporation was not within the specified distance of such existing city as provided in this section.
    2. Subdivision (f)(1) applies in counties having a population of not less than eighty thousand (80,000) nor more than eighty-three thousand (83,000), according to the 1990 federal census or any subsequent federal census, and in counties having a population of not less than twenty-four thousand six hundred seventy-six (24,676) nor more than twenty-four thousand seven hundred (24,700), according to the 2010 federal census or any subsequent federal census. An existing municipality located in an adjoining county may adopt a resolution in accordance with subdivision (f)(1) for purposes of authorizing incorporation under this subsection (f).
  4. Nothing in this part affects an existing municipality's authority to annex unincorporated areas within the existing municipality's urban growth boundary.

Acts 1991, ch. 154, § 1; 1993, ch. 320, §§ 1, 2; 1995, ch. 13, § 1; 1995, ch. 202, § 1; 1996, ch. 666, §§ 1, 4; 1996, ch. 708, §§ 1, 3; 1997, ch. 98, §§ 7-10; 1998, ch. 1101, § 27; 2018, ch. 760, §§ 1, 2.

Code Commission Notes.

The 1997 amendments to this section (enacted pursuant to Acts 1997, ch. 98, §§ 7-11) were found unconstitutional by the Tennessee Supreme Court in Tennessee Municipal League v. Thompson, 958 S.W.2d 333 (Tenn. 1997). The provisions as set out above reflect the section as it appeared prior to the 1997 amendments and as amended by subsequent legislation.

Former § 6-1-201(d)(2), concerning the incorporation of the territory described in the present provisions of subsection (d) notwithstanding the provisions and restrictions in subsections (a) and (b), was deleted by the code commission in 2005.

Compiler's Notes. Former part 2, §§ 6-1-2016-1-218 (Code 1858, §§ 1349, 1353, 4562; Acts 1875, ch. 92, §§ 1-7, 17; 1877, ch. 121, §§ 1, 3-9; 1899, ch. 307, § 2; Shan., §§ 1855, 1881-1896, 1900-1902, 6400; mod. Code 1932, §§ 3292-3307, 3311-3313, 10704; Acts 1951, ch. 166, § 1; modified; 1955, ch. 295, §§ 1, 2; 1957, ch. 346, § 1; 1959, ch. 295, §§ 1-6; 1970, ch. 426, §§ 1-6; 1971, ch. 260, § 1; 1974, ch. 776, § 1; T.C.A. (orig. ed.), §§ 6-101 — 6-116, 6-120, 6-121; Acts 1980, ch. 500, § 1; 1980, ch. 515, §§ 1-3; 1983, ch. 33, §§ 1, 2; 1984, ch. 743, § 1), concerning areas not already within municipalities, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.

Acts 1993, ch. 320, § 9 provided that the amendments by that act shall have no effect on a petition for incorporation filed with the county election commissioner before July 1, 1993. It further provided that if litigation concerning the validity of a municipal charter is pending in either a trial or appellate court on July 1, 1993, then neither the amendments by that act nor title 6, chapter 51 shall be construed or applied in any manner that would prevent or restrict the territory described within such charter from once again incorporating as a municipality, should the court rule against the validity of the charter.

Acts 1995, ch. 13, § 15 provided:

“The change effected by Acts 1995, ch. 13, § 1, shall not apply to any locality for which a petition for incorporation was filed before March 17, 1995, for the purpose of allowing the incorporation election to go forward.”

For tables of population of Tennessee municipalities, and for U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Amendments. The 2018 amendment rewrote (f)(2) which read: “Subdivision (f)(1) shall only apply in counties having a population of not less than eighty thousand (80,000) nor more than eighty-three thousand (83,000), according to the 1990 federal census or any subsequent federal census; provided, that in an adjoining county an existing municipality that is within the specified distance may also use the procedure authorized by subdivision (f)(1).”; and added (g).

Effective Dates. Acts 2018, ch. 760, § 3. April 19, 2018.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

Attorney General Opinions. Restrictions on municipal incorporation: constitutionality, OAG 95-114, 1995 Tenn. AG LEXIS 127 (11/21/95).

6-1-202. Election to adopt charter.

  1. The county election commission shall hold an election for the purpose of determining whether this charter shall become effective for any municipality or newly incorporating territory upon the petition in writing of at least thirty-three and one-third percent (331/3%) of the registered voters of the municipality or territory. The petition shall include a current list of the registered voters who live within the proposed territory. The petition shall state in a sufficient manner the boundaries of the proposed municipal corporation, which may be done by a general reference to the boundaries then existing if there is one. Upon receipt of the petition, the county election commission shall examine the petition to determine the validity of the signatures in accordance with § 2-1-107. The county election commission shall have a period of twenty (20) days to certify whether the petition has the sufficient number of signatures of registered voters. If the petition is sufficient to call for an election on the issue of incorporation, the county election commission shall hold an election, providing options to vote “FOR” or “AGAINST” the incorporation of the new charter, not less than forty-five (45) days nor more than sixty (60) days after the petition is certified. The date of the election shall be set in accordance with § 2-3-204. The county election commission shall, in addition to all other notices required by law, publish one (1) notice of the election in a newspaper of general circulation within the territory of the municipality or of the proposed municipality, and post the notice in at least three (3) places in the territory.
  2. At any time not less than thirty (30) days prior to the election provided for in this part, the petition may be withdrawn or may be amended to call for a smaller territory for the proposed municipal corporation so long as all of the proposed smaller territory is contained within the boundaries of the territory described in the first petition. The withdrawal or amendment shall be valid if filed with the county election commission in writing, and if signed by not fewer than fifty-one percent (51%) of those who signed the original petition. In the event such an amended petition is filed, all provisions relating to time periods in § 6-1-201 shall be controlled by the date of the filing of the original petition, notwithstanding the filing of the amended petition, and the county election commission shall publish the notice of election as provided for in subsection (a). A petition to withdraw, when filed with and validated by the county election commission, shall render the original petition null and void.
  3. A cash bond equivalent to the costs of the election to incorporate under this charter shall be filed by the petitioners with the county election commission together with the petition for incorporation.

Acts 1991, ch. 154, § 1; 1997, ch. 98, § 4; 1998, ch. 1101, § 28.

Code Commission Notes.

The 1997 amendments to this section (enacted pursuant to Acts 1997, ch. 98) were found unconstitutional by the Tennessee Supreme Court in Tennessee Municipal League v. Thompson, 958 S.W.2d 333 (Tenn. 1997). The provisions as set out above reflect the section as it appeared prior to the 1997 amendments and as amended by subsequent legislation.

Compiler's Notes. Former part 2, §§ 6-1-2016-1-218 (Code 1858, §§ 1349, 1353, 4562; Acts 1875, ch. 92, §§ 1-7, 17; 1877, ch. 121, §§ 1, 3-9; 1899, ch. 307, § 2; Shan., §§ 1855, 1881-1896, 1900-1902, 6400; mod. Code 1932, §§ 3292-3307, 3311-3313, 10704; Acts 1951, ch. 166, § 1; modified; 1955, ch. 295, §§ 1, 2; 1957, ch. 346, § 1; 1959, ch. 295, §§ 1-6; 1970, ch. 426, §§ 1-6; 1971, ch. 260, § 1; 1974, ch. 776, § 1; T.C.A. (orig. ed.), §§ 6-101 — 6-116, 6-120, 6-121; Acts 1980, ch. 500, § 1; 1980, ch. 515, §§ 1-3; 1983, ch. 33, §§ 1, 2; 1984, ch. 743, § 1), concerning areas not already within municipalities, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.

Attorney General Opinions. Incorporation by municipalities that held elections under voided Small Cities Act, 98-052 (3/2/98).

6-1-203. Petition to incorporate under this charter.

The petition filed in accordance with § 6-1-202 shall be in substantially the form provided in § 6-1-209 and shall include a description of the boundaries of the proposed municipal corporation and the boundaries of the proposed wards, if there is only one (1) alderman to be elected per ward, the wards that will carry the initial two-year term, the proposed name of the municipality and whether it is a city or town. The petition shall include a plan of services setting forth the identification and projected timing of municipal services proposed to be provided and the revenue from purely local sources to be payable annually. The plan of services shall include, but not be limited to, police protection, fire protection, water service, sanitary sewage system, solid waste disposal, road and street construction and repair, recreational facilities, a proposed five-year operational budget, including projected revenues and expenditures, and a property tax rate to be annually levied upon all taxable property in the area to be incorporated. Boundary descriptions shall contain references to tax maps kept in the office of the county assessor of property.

Acts 1991, ch. 154, § 1; 1993, ch. 320, § 3; 1995, ch. 13, § 2; 2008, ch. 971, § 1.

Compiler's Notes. Former part 2, §§ 6-1-2016-1-218 (Code 1858, §§ 1349, 1353, 4562; Acts 1875, ch. 92, §§ 1-7, 17; 1877, ch. 121, §§ 1, 3-9; 1899, ch. 307, § 2; Shan., §§ 1855, 1881-1896, 1900-1902, 6400; mod. Code 1932, §§ 3292-3307, 3311-3313, 10704; Acts 1951, ch. 166, § 1; modified; 1955, ch. 295, §§ 1, 2; 1957, ch. 346, § 1; 1959, ch. 295, §§ 1-6; 1970, ch. 426, §§ 1-6; 1971, ch. 260, § 1; 1974, ch. 776, § 1; T.C.A. (orig. ed.), §§ 6-101 — 6-116, 6-120, 6-121; Acts 1980, ch. 500, § 1; 1980, ch. 515, §§ 1-3; 1983, ch. 33, §§ 1, 2; 1984, ch. 743, § 1), concerning areas not already within municipalities, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.

Acts 2008, ch. 971, § 1 provided that the code commission is directed to change all references to “tax assessor”, wherever such references appear, to “assessor of property”, as such sections are amended or volumes are replaced. See § 1-1-116.

Acts 1993, ch. 320, § 9 provided that the amendments by that act shall have no effect on a petition for incorporation filed with the county election commissioner before July 1, 1993. It further provided that if litigation concerning the validity of a municipal charter is pending in either a trial or appellate court on July 1, 1993, then neither the amendments by that act nor chapter 51 of this title shall be construed or applied in any manner that would prevent or restrict the territory described within such charter from once again incorporating as a municipality, should the court rule against the validity of the charter.

6-1-204. Qualifications to vote — Certification of result.

  1. All registered voters of the municipality or of the territory of the proposed municipality are eligible to vote in the election.
  2. The county election commission shall determine and declare the result of the election and shall certify the result in accordance with § 2-8-105(3) within forty-eight (48) hours after the election. It shall publish the results in a newspaper of general circulation in the municipality or territory and, if the municipality is already incorporated, shall file the results with the legislative body of the municipality at its first meeting after the certification. The results shall be entered at large on the minutes of the body with which it is filed.
  3. In any election held by municipalities incorporated under this charter, registered voters of the municipality may vote in accordance with this subsection (c). Upon adoption of a resolution approved by a two-thirds (2/3) vote of the board of commissioners of any municipality incorporated under this charter that has a population of not less than seven thousand seven hundred ten (7,710) nor more than seven thousand seven hundred twenty (7,720), according to the 2000 federal census or any subsequent federal census, registered voters who own real property located in the municipality shall be entitled to vote in all municipal elections and municipal referenda held in the municipality. Section 2-2-107(a)(3) shall apply to the property rights voting within the municipality. The approval or nonapproval of the resolution shall be proclaimed by the presiding officer of the board and certified by the presiding officer to the secretary of state.

Acts 1991, ch. 154, § 1; 2007, ch. 88, § 1.

Compiler's Notes. Former part 2, §§ 6-1-2016-1-218 (Code 1858, §§ 1349, 1353, 4562; Acts 1875, ch. 92, §§ 1-7, 17; 1877, ch. 121, §§ 1, 3-9; 1899, ch. 307, § 2; Shan., §§ 1855, 1881-1896, 1900-1902, 6400; mod. Code 1932, §§ 3292-3307, 3311-3313, 10704; Acts 1951, ch. 166, § 1; modified; 1955, ch. 295, §§ 1, 2; 1957, ch. 346, § 1; 1959, ch. 295, §§ 1-6; 1970, ch. 426, §§ 1-6; 1971, ch. 260, § 1; 1974, ch. 776, § 1; T.C.A. (orig. ed.), §§ 6-101 — 6-116, 6-120, 6-121; Acts 1980, ch. 500, § 1; 1980, ch. 515, §§ 1-3; 1983, ch. 33, §§ 1, 2; 1984, ch. 743, § 1), concerning areas not already within municipalities, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.

For table of populations of Tennessee municipalities see Volume 13 and its supplement.

6-1-205. Effect of vote.

  1. If the majority of the votes cast are in favor of the adoption of this charter, it shall be deemed to have been adopted. The newly adopted charter shall not be effective until the first board takes office as provided in § 6-1-207. Except for the provisions of this charter that are adopted by reference in other municipal charters, the provisions of this charter apply only to those municipalities that have adopted this charter by referendum as authorized by law.
  2. Following the defeat of an incorporation in an election held pursuant to § 6-1-202, no new petition for an election may be filed until after the expiration of four (4) years; provided, however, that if the territory included in the boundaries of the newly proposed municipal corporation includes less than fifty percent (50%) of the actual territory subject to incorporation in the previous election, the new petition may be filed after the expiration of two (2) years.

Acts 1991, ch. 154, § 1; 1995, ch. 13, § 3.

Compiler's Notes. Former part 2, §§ 6-1-2016-1-218 (Code 1858, §§ 1349, 1353, 4562; Acts 1875, ch. 92, §§ 1-7, 17; 1877, ch. 121, §§ 1, 3-9; 1899, ch. 307, § 2; Shan., §§ 1855, 1881-1896, 1900-1902, 6400; mod. Code 1932, §§ 3292-3307, 3311-3313, 10704; Acts 1951, ch. 166, § 1; modified; 1955, ch. 295, §§ 1, 2; 1957, ch. 346, § 1; 1959, ch. 295, §§ 1-6; 1970, ch. 426, §§ 1-6; 1971, ch. 260, § 1; 1974, ch. 776, § 1; T.C.A. (orig. ed.), §§ 6-101 — 6-116, 6-120, 6-121; Acts 1980, ch. 500, § 1; 1980, ch. 515, §§ 1-3; 1983, ch. 33, §§ 1, 2; 1984, ch. 743, § 1), concerning areas not already within municipalities, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.

Attorney General Opinions. Effective date of city incorporation, OAG 99-089, 1999 Tenn. AG LEXIS 89 (4/8/99).

6-1-206. Certification to secretary of state.

After certification of the election results, if at least a majority of the votes cast are “for charter,” the county election commission shall certify to the secretary of state that notice was duly given, and application in due form of law made, the description of boundaries, the entire number of votes cast, the number of votes cast “for charter,” the number of votes cast “against charter,” and the corporate name of the municipality.

Acts 1991, ch. 154, § 1.

Compiler's Notes. Former part 2, §§ 6-1-2016-1-218 (Code 1858, §§ 1349, 1353, 4562; Acts 1875, ch. 92, §§ 1-7, 17; 1877, ch. 121, §§ 1, 3-9; 1899, ch. 307, § 2; Shan., §§ 1855, 1881-1896, 1900-1902, 6400; mod. Code 1932, §§ 3292-3307, 3311-3313, 10704; Acts 1951, ch. 166, § 1; modified; 1955, ch. 295, §§ 1, 2; 1957, ch. 346, § 1; 1959, ch. 295, §§ 1-6; 1970, ch. 426, §§ 1-6; 1971, ch. 260, § 1; 1974, ch. 776, § 1; T.C.A. (orig. ed.), §§ 6-101 — 6-116, 6-120, 6-121; Acts 1980, ch. 500, § 1; 1980, ch. 515, §§ 1-3; 1983, ch. 33, §§ 1, 2; 1984, ch. 743, § 1), concerning areas not already within municipalities, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.

6-1-207. Election of officers upon incorporation — Length of terms.

  1. The county election commission shall call an election not later than sixty-two (62) days following the election for adoption of this charter, at which time municipal officials shall be chosen who shall take office immediately following the election. The qualifying deadline for filing nominating petitions shall be as described in § 2-5-101.
  2. In the election held pursuant to subsection (a), where there is more than one (1) alderman to be elected per ward, the alderman receiving the higher number of votes in each ward shall serve a four-year term. The alderman receiving the second higher number of votes shall serve an initial two-year term. All terms thereafter will be four (4) years.
  3. The mayor and each alderman shall serve the term for which they were elected or until their successors are elected and qualified.

Acts 1991, ch. 154, § 1.

Compiler's Notes. Former part 2, §§ 6-1-2016-1-218 (Code 1858, §§ 1349, 1353, 4562; Acts 1875, ch. 92, §§ 1-7, 17; 1877, ch. 121, §§ 1, 3-9; 1899, ch. 307, § 2; Shan., §§ 1855, 1881-1896, 1900-1902, 6400; mod. Code 1932, §§ 3292-3307, 3311-3313, 10704; Acts 1951, ch. 166, § 1; modified; 1955, ch. 295, §§ 1, 2; 1957, ch. 346, § 1; 1959, ch. 295, §§ 1-6; 1970, ch. 426, §§ 1-6; 1971, ch. 260, § 1; 1974, ch. 776, § 1; T.C.A. (orig. ed.), §§ 6-101 — 6-116, 6-120, 6-121; Acts 1980, ch. 500, § 1; 1980, ch. 515, §§ 1-3; 1983, ch. 33, §§ 1, 2; 1984, ch. 743, § 1), concerning areas not already within municipalities, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.

Attorney General Opinions. Effective date of city incorporation, OAG 99-089, 1999 Tenn. AG LEXIS 89 (4/8/99).

6-1-208. Succession to old corporation.

    1. This charter shall take effect in any municipality immediately after the election and qualification of the first board of mayor and aldermen, and any then-existing charter of the municipality shall immediately become null and void.
    2. The right, title and ownership of all property of the municipality and all of its uncollected taxes, dues, claims, judgments, and choses in action, and all of its rights of every kind whatsoever, shall immediately become vested in the new corporation chartered under chapters 1-4 of this title.
    3. The new corporation shall answer and be liable for all debts, contracts and obligations of the corporation it succeeds in the same manner and proportion and to the same extent as the former corporation was liable under existing laws.
    4. All ordinances, resolutions and bylaws duly enacted and in force under the preexisting charter and not inconsistent with this charter shall remain in full force until repealed, modified or amended.
  1. Any zoning ordinance applicable to any territory incorporated under this charter shall continue to apply to that territory until the municipality enacts a zoning ordinance, or enacts an ordinance rescinding the zoning that applied to such territory.

Acts 1991, ch. 154, § 1.

Compiler's Notes. Former part 2, §§ 6-1-2016-1-218 (Code 1858, §§ 1349, 1353, 4562; Acts 1875, ch. 92, §§ 1-7, 17; 1877, ch. 121, §§ 1, 3-9; 1899, ch. 307, § 2; Shan., §§ 1855, 1881-1896, 1900-1902, 6400; mod. Code 1932, §§ 3292-3307, 3311-3313, 10704; Acts 1951, ch. 166, § 1; modified; 1955, ch. 295, §§ 1, 2; 1957, ch. 346, § 1; 1959, ch. 295, §§ 1-6; 1970, ch. 426, §§ 1-6; 1971, ch. 260, § 1; 1974, ch. 776, § 1; T.C.A. (orig. ed.), §§ 6-101 — 6-116, 6-120, 6-121; Acts 1980, ch. 500, § 1; 1980, ch. 515, §§ 1-3; 1983, ch. 33, §§ 1, 2; 1984, ch. 743, § 1), concerning areas not already within municipalities, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.

6-1-209. Sample petition for adoption.

Petitions for adoption of this charter shall be in substantially the following form:

PETITION FOR INCORPORATION ELECTION FOR TOWN (CITY) OF  , TENNESSEE

TO: The County Election Commission,  County, Tennessee

We the undersigned, being registered voters and residents of the territory herein proposed for incorporation, and being in number in excess of thirty-three and one-third percent (331/3%) of the registered voters of the herein described territory, hereby request the county election commission to hold an election on the question of whether or not the herein described territory shall be incorporated under the terms of Tennessee Code Annotated, title 6, chapters 1-4, and be known by the name and style of the “Town (City) of  , Tennessee,” all as prescribed in Tennessee Code Annotated, title 6, chapters 1-4.

The territory in question, being part of the  , Civil District(s) of  County, Tennessee, is further described as:

(Here insert a description of boundaries with references to tax maps)

The wards of the Town (City) shall be as follows:

(Here insert a description of wards, and if there is only one (1) ward state that the boundaries are as described above)

Wards that will carry an initial two-year term:

(For those municipalities incorporating with more than four (4) wards.)

The proposed plan of services is as follows: (Here insert a description of the plan of services as defined in Tennessee Code Annotated, § 6-1-203).

PETITIONERS' SIGNATURES

Name   Residence Address        Date

(List name and residence as on registration records)

Certificate

I,  , hereby certify that I personally solicited the signatures of the persons appearing on this page and that they, in fact, signed their names to this petition in my presence.

Name

Address

Date

STATE OF TENNESSEE COUNTY OF  On this  day of  , 20  , before me personally appeared  , to me known to be the person described in, and who executed, the foregoing instrument, and acknowledged that such person executed it as such person's free act and deed.

Signature and Seal of Notary Public

My commission expires:

Acts 1991, ch. 154, § 1; 1993, ch. 320, § 4.

Compiler's Notes. Former part 2, §§ 6-1-2016-1-218 (Code 1858, §§ 1349, 1353, 4562; Acts 1875, ch. 92, §§ 1-7, 17; 1877, ch. 121, §§ 1, 3-9; 1899, ch. 307, § 2; Shan., §§ 1855, 1881-1896, 1900-1902, 6400; mod. Code 1932, §§ 3292-3307, 3311-3313, 10704; Acts 1951, ch. 166, § 1; modified; 1955, ch. 295, §§ 1, 2; 1957, ch. 346, § 1; 1959, ch. 295, §§ 1-6; 1970, ch. 426, §§ 1-6; 1971, ch. 260, § 1; 1974, ch. 776, § 1; T.C.A. (orig. ed.), §§ 6-101 — 6-116, 6-120, 6-121; Acts 1980, ch. 500, § 1; 1980, ch. 515, §§ 1-3; 1983, ch. 33, §§ 1, 2; 1984, ch. 743, § 1), concerning areas not already within municipalities, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.

Acts 1993, ch. 320, § 9 provided that the amendments by that act shall have no effect on a petition for incorporation filed with the county election commissioner before July 1, 1993. It further provided that if litigation concerning the validity of a municipal charter is pending in either a trial or appellate court on July 1, 1993, then neither the amendments by that act nor chapter 51 of this title shall be construed or applied in any manner that would prevent or restrict the territory described within such charter from once again incorporating as a municipality, should the court rule against the validity of the charter.

6-1-210. General validation provision.

  1. The adoption, heretofore accomplished, of chapters 1 and 2 of this title, before June 30, 1991, by any territory or municipality is hereby ratified and validated in all respects. No flaw or defect or failure to comply with any technical requirement of incorporation shall invalidate any ordinance passed by any municipality incorporating under chapters 1-4 of this title, after June 30, 1991.
    1. Notwithstanding this chapter or any other law to the contrary,
      1. IF the registered voters of any unincorporated territory approved a mayor-aldermanic charter and elected municipal officials, acting pursuant to this chapter on or before December 31, 1999; AND
      2. IF, from the election of such officials until April 26, 2001, the territory has continuously functioned as a mayor-aldermanic municipality; AND
      3. IF the territory, between the date of such election and April 26, 2001, received and expended state funding allocated for municipalities; THEN
    2. The adoption of such charter, the incorporation of such territory as a mayor-aldermanic municipality and the election of such officials are hereby ratified and validated in all respects; and no flaw or defect or failure to comply with any requirement of incorporation, set forth in § 6-1-201(b), shall invalidate the territory's status as an incorporated municipality or invalidate any ordinance passed by the board.

Acts 1991, ch. 154, § 1; 2001, ch. 129, § 1.

Compiler's Notes. Former part 2, §§ 6-1-2016-1-218 (Code 1858, §§ 1349, 1353, 4562; Acts 1875, ch. 92, §§ 1-7, 17; 1877, ch. 121, §§ 1, 3-9; 1899, ch. 307, § 2; Shan., §§ 1855, 1881-1896, 1900-1902, 6400; mod. Code 1932, §§ 3292-3307, 3311-3313, 10704; Acts 1951, ch. 166, § 1; modified; 1955, ch. 295, §§ 1, 2; 1957, ch. 346, § 1; 1959, ch. 295, §§ 1-6; 1970, ch. 426, §§ 1-6; 1971, ch. 260, § 1; 1974, ch. 776, § 1; T.C.A. (orig. ed.), §§ 6-101 — 6-116, 6-120, 6-121; Acts 1980, ch. 500, § 1; 1980, ch. 515, §§ 1-3; 1983, ch. 33, §§ 1, 2; 1984, ch. 743, § 1), concerning areas not already within municipalities, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.

NOTES TO DECISIONS

1. Constitutionality.

T.C.A. § 6-1-210(b), as amended in 2001 and under which an unincorporated territory's election to incorporate as a town was ratified, violates Tenn. Const. art. XI, § 9, because the statute enabled only certain territories to incorporate, namely those that had held elections before a certain date, and there was no rational basis for the creation of that special class. City of Oakland v. McCraw, 126 S.W.3d 29, 2003 Tenn. App. LEXIS 234 (Tenn. Ct. App. 2003).

6-1-211. Elections valid despite informalities.

No informalities in conducting any election held under this chapter shall invalidate it if the election is conducted fairly and in substantial conformity with the requirements of this chapter and the general election law.

Acts 1991, ch. 154, § 1.

Compiler's Notes. Former part 2, §§ 6-1-2016-1-218 (Code 1858, §§ 1349, 1353, 4562; Acts 1875, ch. 92, §§ 1-7, 17; 1877, ch. 121, §§ 1, 3-9; 1899, ch. 307, § 2; Shan., §§ 1855, 1881-1896, 1900-1902, 6400; mod. Code 1932, §§ 3292-3307, 3311-3313, 10704; Acts 1951, ch. 166, § 1; modified; 1955, ch. 295, §§ 1, 2; 1957, ch. 346, § 1; 1959, ch. 295, §§ 1-6; 1970, ch. 426, §§ 1-6; 1971, ch. 260, § 1; 1974, ch. 776, § 1; T.C.A. (orig. ed.), §§ 6-101 — 6-116, 6-120, 6-121; Acts 1980, ch. 500, § 1; 1980, ch. 515, §§ 1-3; 1983, ch. 33, §§ 1, 2; 1984, ch. 743, § 1), concerning areas not already within municipalities, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.

6-1-212 — 6-1-218. [Repealed.]

Compiler's Notes. Former part 2, §§ 6-1-2016-1-218 (Code 1858, §§ 1349, 1353, 4562; Acts 1875, ch. 92, §§ 1-7, 17; 1877, ch. 121, §§ 1, 3-9; 1899, ch. 307, § 2; Shan., §§ 1855, 1881-1896, 1900-1902, 6400; mod. Code 1932, §§ 3292-3307, 3311-3313, 10704; Acts 1951, ch. 166, § 1; modified; 1955, ch. 295, §§ 1, 2; 1957, ch. 346, § 1; 1959, ch. 295, §§ 1-6; 1970, ch. 426, §§ 1-6; 1971, ch. 260, § 1; 1974, ch. 776, § 1; T.C.A. (orig. ed.), §§ 6-101 — 6-116, 6-120, 6-121; Acts 1980, ch. 500, § 1; 1980, ch. 515, §§ 1-3; 1983, ch. 33, §§ 1, 2; 1984, ch. 743, § 1), concerning areas not already within municipalities, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.

6-1-219. [Unconstitutional.]

Code Commission Notes.

This section (enacted pursuant to Acts 1997, ch. 98) was found unconstitutional by the Tennessee Supreme Court in Tennessee Municipal League v. Thompson, 958 S.W.2d 333 (Tenn. 1997) and has been deleted by the code commission.

6-1-220. County of situs to continue receiving tax revenues from new municipality until July 1 — Exception — Notice to department.

  1. Notwithstanding any law to the contrary, whenever a new municipality incorporates under any form of charter, the county or counties in which the new municipality is located shall continue to receive the revenue from all state and local taxes distributed on the basis of situs of collection, generated within the newly incorporated area, until July 1 following the incorporation, unless the incorporation takes effect on July 1.
  2. If the incorporation takes effect on July 1, then the municipality shall begin receiving revenue from such taxes generated within its corporate boundaries for the period beginning July 1.
  3. Whenever a municipality incorporates, the municipality shall notify the department of revenue of such incorporation prior to the incorporation becoming effective for the purpose of tax administration.
  4. Such taxes shall include the local sales tax authorized in § 67-6-103, the income tax on dividends authorized in § 67-2-102, and all other such taxes distributed to counties and municipalities based on the situs of their collection.

Acts 1998, ch. 651, § 1.

Part 3
Surrender

6-1-301. Surrender of charter.

  1. After the adoption of this charter and the election of the first board of mayor and aldermen, no election for the surrender of this charter shall be called or held for a period of four (4) years from the date the first board takes office.
  2. After the expiration of the four-year period, an election to surrender the charter may be held. In order for a surrender election to be held, a petition requesting surrender of the charter must be filed in the same manner and contain the signatures of the same number of registered voters as provided for the adoption of this charter. The petition must pray for a surrender of the charter and must be accompanied by a cash bond to be posted by the petitioners to cover the cost of the election. In case of a failure to surrender the charter, future elections to surrender it shall not be held more frequently than at four-year intervals.

Acts 1991, ch. 154, § 1.

Compiler's Notes. Former part 3, §§ 6-1-3016-1-304 (Acts 1875, ch. 92, § 14; 1877, ch. 121, § 1; Shan., §§ 1904-1907; Code 1932, §§ 3315-3318; Acts 1970, ch. 426, §§ 7, 8; T.C.A. (orig. ed.), §§ 6-122 — 6-125), concerning existing municipalities, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

6-1-302. Conduct of surrender election.

The county election commission has the same duties with respect to an election for the surrender of a charter as it has with respect to an election to adopt a charter under this title.

Acts 1991, ch. 154, § 1.

Compiler's Notes. Former part 3, §§ 6-1-3016-1-304 (Acts 1875, ch. 92, § 14; 1877, ch. 121, § 1; Shan., §§ 1904-1907; Code 1932, §§ 3315-3318; Acts 1970, ch. 426, §§ 7, 8; T.C.A. (orig. ed.), §§ 6-122 — 6-125), concerning existing municipalities, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.

6-1-303. Termination of charter — New charter.

If a majority of the votes cast in the election favor the termination of this form of government, this charter shall terminate at one (1) minute after midnight (12:01 a.m.) on the sixtieth day next following the date of the election, unless this falls upon Sunday or a holiday, in which case it shall terminate at one (1) minute after midnight (12:01 a.m.) on the next day. If, before the adoption of this charter, the municipality functioned under a different charter, then upon termination of this charter the prior charter shall become effective at the time provided for in this section. Territory previously unincorporated shall revert to that status. Another charter, however, may be adopted, and the question of whether or not another charter shall be adopted may be placed on the ballots used in the election mentioned in this section, if the petition filed requests that, and if all other necessary legal steps to adopt the other charter have been taken.

Acts 1991, ch. 154, § 1.

Compiler's Notes. Former part 3, §§ 6-1-3016-1-304 (Acts 1875, ch. 92, § 14; 1877, ch. 121, § 1; Shan., §§ 1904-1907; Code 1932, §§ 3315-3318; Acts 1970, ch. 426, §§ 7, 8; T.C.A. (orig. ed.), §§ 6-122 — 6-125), concerning existing municipalities, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.

6-1-304. Election of new officers when charter is surrendered.

  1. If there was a previously incorporated municipality or if a new charter is adopted as provided in § 6-1-303, the county election commission shall call an election not more than sixty-two (62) days following the election for surrender of this charter, at which time municipal officials for the newly adopted form of government shall be chosen who shall take office immediately after the election.
  2. The previous board shall hold over until the newly elected officers take office.
  3. The qualifying deadline for filing nominating petitions shall be as described in § 2-5-101.
  4. All registered voters of the municipality may vote in the election.

Acts 1991, ch. 154, § 1.

Compiler's Notes. Former part 3, §§ 6-1-3016-1-304 (Acts 1875, ch. 92, § 14; 1877, ch. 121, § 1; Shan., §§ 1904-1907; Code 1932, §§ 3315-3318; Acts 1970, ch. 426, §§ 7, 8; T.C.A. (orig. ed.), §§ 6-122 — 6-125), concerning existing municipalities, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.

6-1-305. Succession to assets, liabilities and obligations after surrender of charter.

  1. In case of a reversion to a former charter or adoption of a new one simultaneously with the surrender of the old, all assets, liabilities and obligations of the old municipality shall become those of the new municipality.
  2. In the event a municipality reverts to unincorporated status, the board of mayor and aldermen shall become trustees of the property and funds of the former municipality, and, under such bonds as may be required by the county legislative body, shall proceed to terminate the affairs of the municipality and dispose of its property.

Acts 1991, ch. 154, § 1.

Compiler's Notes. Former part 3, §§ 6-1-3016-1-304 (Acts 1875, ch. 92, § 14; 1877, ch. 121, § 1; Shan., §§ 1904-1907; Code 1932, §§ 3315-3318; Acts 1970, ch. 426, §§ 7, 8; T.C.A. (orig. ed.), §§ 6-122 — 6-125), concerning existing municipalities, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.

6-1-306. Liquidation of affairs.

  1. If the property and funds are more than sufficient to meet the municipality's obligations, the surplus shall be paid into the treasury of the county to become a part of its general fund.
  2. If the property and funds are insufficient to meet all the municipality's current obligations, the county legislative body may levy and collect taxes upon the property within the boundaries of the former municipality and pay the revenue to the trustees for the purpose of meeting the current deficit.
  3. The trustees shall terminate the affairs of the municipality as soon as possible, but in no event shall the trusteeship continue for more than thirty-six (36) months. Any matters, including obligations maturing after thirty-six (36) months, not disposed of within the thirty-six-month period shall become the responsibility of the county legislative body of the county in which the municipality is located.

Acts 1991, ch. 154, § 1.

Compiler's Notes. Former part 3, §§ 6-1-3016-1-304 (Acts 1875, ch. 92, § 14; 1877, ch. 121, § 1; Shan., §§ 1904-1907; Code 1932, §§ 3315-3318; Acts 1970, ch. 426, §§ 7, 8; T.C.A. (orig. ed.), §§ 6-122 — 6-125), concerning existing municipalities, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.

Part 4
Officers [Repealed]

6-1-401 — 6-1-406. [Repealed.]

Compiler's Notes. Former part 4, §§ 6-1-4016-1-406 (Acts 1875, ch. 92, §§ 6, 8-12; Shan., §§ 1942-1947; Code 1932, §§ 3360-3365; Acts 1959, ch. 232, § 1; 1959, ch. 295, § 7; 1963, ch. 298, §§ 1, 2; 1970, ch. 426, §§ 9-12; 1973, ch. 275, §§ 1-3; 1976, ch. 581, § 1; 1976, ch. 703, §§ 1, 2; 1978, ch. 583, § 1; T.C.A. (orig. ed.), §§ 6-127 — 6-132; Acts 1982, ch. 715, § 1; 1986, ch. 642, § 1; 1988, ch. 786, § 1; 1989, ch. 98, §§ 1, 2; 1990, ch. 1068, §§ 1, 2), concerning officers of municipalities, was repealed by Acts 1991, ch. 154, § 1, effective July 1, 1991.

Part 5
Name Change of Municipality

6-1-501. Amendment of charter.

A municipality may amend this charter for the sole purpose of changing the corporate name of the municipality, including the municipality's designation as a town or city in the manner provided in § 6-1-502.

Acts 2000, ch. 702, § 1.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

6-1-502. Approval by resolution — Notice — Effect of majority vote.

The corporate name of a municipality may be changed only in the following manner:

  1. The proposed name change must be approved by resolution by a vote of not less than two thirds (2/3) of the board in the manner provided for ordinances in § 6-2-102;
  2. If approved by the board, the resolution shall be published in a newspaper of general circulation in the municipality within fourteen (14) days of final approval by the board or the first available opportunity for publication, whichever is sooner. Such resolution shall become operative sixty (60) days after its adoption by the board unless ten percent (10%) of the qualified electors of the municipality sign a petition and present it to the board during such sixty-day period requesting that the resolution be referred to the electors, in which case it must receive the approval of a majority of the electors voting thereon at an election held as provided in subdivision (3). If such a petition is not received within such sixty-day period, the resolution shall become operative at the end of such sixty-day period and the mayor shall file a copy of the resolution indicating the new corporate name of the municipality with the secretary of state;
  3. Upon receipt of a petition filed in the manner provided in subdivision (2), a certified copy of the resolution shall be sent to the county election commission, which shall place the question whether to approve the resolution on the ballot of the next scheduled municipal election or general election at which members of the general assembly are chosen, whichever is sooner. The ballot shall provide options to vote “FOR” or “AGAINST” the resolution. The qualifications for voting shall be the same as otherwise provided in § 6-1-204 in the election to adopt the original charter under this chapter;
  4. If the majority vote is for the resolution, it shall be deemed to be operative on the date that the county election commission makes its official canvas of the election returns. The county election commission shall then promptly certify the results of the election to the secretary of state and the new corporate name of the municipality; and
  5. If the majority vote is against the election, the question of approving the resolution shall not be included on any subsequent election ballot unless a new resolution is first approved by the board in the manner provided in this section.

Acts 2000, ch. 702, § 1.

6-1-503. Effect on civil liability.

Any change in the name of any municipality under this part shall have no effect whatever on any obligations or liabilities of the municipality, in contract, tort, or otherwise, all of which shall remain the same as prior to the name change.

Acts 2000, ch. 702, § 1.

Chapter 2
Powers of Municipalities with Mayor-Aldermanic Charter

Part 1
Ordinances

6-2-101. Publication of ordinances.

Each ordinance, or the caption of each ordinance, shall be published after its final passage in a newspaper of general circulation in the municipality. No ordinance shall take effect until the ordinance or its caption is published.

Acts 1991, ch. 154, § 1.

Compiler's Notes. Former part 1, §§ 6-2-1016-2-104 (Acts 1875, ch. 92, §§ 16, 24, 32; Shan., §§ 1925, 1928, 1936; mod. Code 1932, §§ 3341, 3344, 3352; Acts 1970, ch. 426, § 13; T.C.A. (orig. ed.), §§ 6-201, 6-213, 6-216; Acts 1982, ch. 715, § 2; 1984, ch. 811, § 1), concerning mayor-aldermanic charters, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

Attorney General Opinions. Cities and counties lack statutory authority to regulate mortgage transactions, OAG 03-016, 2003 Tenn. AG LEXIS 19 (2/11/03).

Election of aldermen under mayor-aldermanic charter, OAG 05-124, 2005 Tenn. AG LEXIS 126 (8/15/05).

NOTES TO DECISIONS

1. Publication of Caption.

Newspaper article announcing that town board approved ordinance regulating location of mobile homes failed to meet the publication requirement of this section, since the article did not state the caption of the amendment, which in turn never took effect. Town of Surgoinsville v. Sandidge, 866 S.W.2d 553, 1993 Tenn. App. LEXIS 370 (Tenn. Ct. App. 1993).

6-2-102. Ordinance procedure.

An ordinance shall be considered and adopted on two (2) separate days; any other form of board action shall be considered and adopted in one (1) day. Any form of board action shall be passed by a majority of the members present, if there is a quorum. A quorum is a majority of the members to which the board is entitled. All ayes and nays on all votes on all forms of board action shall be recorded.

Acts 1991, ch. 154, § 1; 1998, ch. 621, § 1.

Compiler's Notes. Former part 1, §§ 6-2-1016-2-104 (Acts 1875, ch. 92, §§ 16, 24, 32; Shan., §§ 1925, 1928, 1936; mod. Code 1932, §§ 3341, 3344, 3352; Acts 1970, ch. 426, § 13; T.C.A. (orig. ed.), §§ 6-201, 6-213, 6-216; Acts 1982, ch. 715, § 2; 1984, ch. 811, § 1), concerning mayor-aldermanic charters, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.

6-2-103. Annual operating budget and budgetary comparisons — Publication.

  1. Notwithstanding any other law to the contrary, the governing body shall publish the annual operating budget and budgetary comparisons of the proposed budget with the prior year's actual figures and the current year's estimated figures, which information shall include the following:
    1. Revenues and expenditures for the following governmental funds: general, streets/public works, general purpose school and debt service;
    2. Revenues for each fund shall be listed separately by local taxes, state of Tennessee, federal government and other sources;
    3. Expenditures for each fund shall be listed separately by salaries and other costs;
    4. Beginning and ending fund balances shall be shown for each fund; and
    5. The number of full-time equivalent employee positions shall be shown for each fund.
  2. The publication shall be in a newspaper of general circulation and shall be published not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget.

Acts 1991, ch. 484, § 8; 1992, ch. 760, § 2.

Compiler's Notes. Former part 1, §§ 6-2-1016-2-104 (Acts 1875, ch. 92, §§ 16, 24, 32; Shan., §§ 1925, 1928, 1936; mod. Code 1932, §§ 3341, 3344, 3352; Acts 1970, ch. 426, § 13; T.C.A. (orig. ed.), §§ 6-201, 6-213, 6-216; Acts 1982, ch. 715, § 2; 1984, ch. 811, § 1), concerning mayor-aldermanic charters, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.

6-2-104. [Repealed.]

Compiler's Notes. Former part 1, §§ 6-2-1016-2-104 (Acts 1875, ch. 92, §§ 16, 24, 32; Shan., §§ 1925, 1928, 1936; mod. Code 1932, §§ 3341, 3344, 3352; Acts 1970, ch. 426, § 13; T.C.A. (orig. ed.), §§ 6-201, 6-213, 6-216; Acts 1982, ch. 715, § 2; 1984, ch. 811, § 1), concerning mayor-aldermanic charters, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.

6-2-105. Ordinances prior to June 30, 1991 ratified.

All ordinances adopted on or prior to June 30, 1991, are hereby ratified and confirmed.

Acts 1992, ch. 612, § 2.

Attorney General Opinions. Applicability to city chartered under private act, OAG 95-124, 1995 Tenn. AG LEXIS 138 (12/22/95).

Part 2
Municipal Authority Generally

6-2-201. General powers.

Every municipality incorporated under this charter may:

  1. Assess, levy and collect taxes for all general and special purposes on all subjects or objects of taxation, and privileges taxable by law for municipal purposes;
  2. Adopt classifications of the subjects and objects of taxation that are not contrary to law;
  3. Make special assessments for local improvements;
  4. Contract and be contracted with;
  5. Incur debts by borrowing money or otherwise, and give any appropriate evidence thereof, in the manner provided for in this section;
  6. Issue and give, sell, pledge or in any manner dispose of, negotiable or nonnegotiable interest-bearing or noninterest-bearing bonds, warrants, promissory notes or orders of the municipality, upon the credit of the municipality or solely upon the credit of specific property owned by the municipality or solely upon the credit of income derived from any property used in connection with any public utility owned or operated by the municipality, or solely upon the credit of the proceeds of special assessments for local improvements, or upon any two (2) or more such credits;
  7. Expend the money of the municipality for all lawful purposes;
  8. Acquire or receive and hold, maintain, improve, sell, lease, mortgage, pledge or otherwise dispose of property, real or personal, and any estate or interest therein, within or without the municipality or state;
  9. Condemn property, real or personal, or any easement, interest, or estate or use therein, either within or without the municipality, for present or future public use; the condemnation shall be effected in accordance with the terms and provisions of title 29, chapter 16, or in any other manner provided by law;
  10. Take and hold property within or without the municipality or state upon trust, and administer trusts for the public benefit;
  11. Acquire, construct, own, operate and maintain, or sell, lease, mortgage, pledge or otherwise dispose of public utilities or any estate or interest therein, or any other utility that is of service to the municipality, its inhabitants, or any part of the municipality, and further, may issue debt for these purposes under the Local Government Public Obligations Act, compiled in title 9, chapter 21;
  12. Grant to any person, firm, association or municipality, franchises for public utilities and public services to be furnished the municipality and those in the municipality. The power to grant franchises embraces the power to grant exclusive franchises. When an exclusive franchise is granted, it shall be exclusive not only as against any other person, firm, association, or corporation, but also against the municipality itself. Franchises may be granted for a period of twenty-five (25) years or less, but not longer, except as provided in § 65-4-107(b). The board may prescribe, in each grant of a franchise, the rates, fares, charges and regulations that may be made by the grantee of the franchise in accordance with state and federal law. Franchises may by their terms apply to the territory within the corporate limits of the municipality at the date of the franchises, and as the corporate limits may be enlarged, and to the existing streets, alleys and thoroughfares that may be opened after the grant of the franchise;
  13. Make contracts with any person, firm, association or corporation for public utilities and public services to be furnished the municipality and those in the municipality. The power to make contracts embraces the power to make exclusive contracts. When an exclusive contract is entered into, it shall be exclusive against any other person, firm, association or corporation. These contracts may be entered into for a period of twenty-five (25) years or less, but not longer. The board may prescribe in each such contract entered into the rates, fares, charges, and regulations that may be made by the person, firm, association or corporation with whom the contract is made. Such contracts may by their terms apply to the territory within the corporate limits of the municipality at the date of the contract, and as the corporate limits may be enlarged, and to the then existing streets, alleys and thoroughfares and to any other streets, alleys and other thoroughfares that may be opened after the grant of the contract;
  14. Prescribe reasonable regulations regarding the construction, maintenance, equipment, operation and service of public utilities, compel reasonable extensions of facilities for these services, and assess fees for the use of or impact upon these services. Nothing in this subdivision (14) shall be construed to permit the alteration or impairment of any of the terms or provisions of any exclusive franchise granted or of any exclusive contract entered into under subdivisions (12) and (13);
  15. Establish, open, relocate, vacate, alter, widen, extend, grade, improve, repair, construct, reconstruct, maintain, light, sprinkle and clean public highways, streets, boulevards, parkways, sidewalks, alleys, parks, public grounds, public facilities, libraries and squares, wharves, bridges, viaducts, subways, tunnels, sewers and drains within or without the corporate limits, regulate their use within the corporate limits, assess fees for the use of or impact upon such property and facilities, and take and appropriate property therefor under §§ 7-31-107 — 7-31-111 and 29-16-203, or any other manner provided by general laws;
    1. Construct, improve, reconstruct and reimprove by opening, extending, widening, grading, curbing, guttering, paving, graveling, macadamizing, draining or otherwise improving any streets, highways, avenues, alleys or other public places within the corporate limits, and assess a portion of the cost of these improvements on the property abutting on or adjacent to these streets, highways or alleys under, and as provided by, title 7, chapters 32 and 33;
    2. Subdivision (16)(A) may not be construed to prohibit a municipality with a population of not less than seven hundred (700) nor more than seven hundred five (705), according to the 1990 federal census or any subsequent federal census, from installing and maintaining a traffic control signal within its corporate limits, and any such municipality is expressly so authorized; provided, that no device shall be installed to control traffic on a state highway without the approval of the commissioner of transportation;
  16. Assess against abutting property within the corporate limits the cost of planting shade trees, removing from sidewalks all accumulations of snow, ice and earth, cutting and removing obnoxious weeds and rubbish, street lighting, street sweeping, street sprinkling, street flushing, and street oiling, the cleaning and rendering sanitary or removing, abolishing and prohibiting of closets and privies, in such manner as may be provided by general law or by ordinance of the board;
  17. Acquire, purchase, provide for, construct, regulate and maintain and do all things relating to all marketplaces, public buildings, bridges, sewers and other structures, works and improvements;
  18. Collect and dispose of drainage, sewage, ashes, garbage, refuse or other waste, or license and regulate their collection and disposal, and the cost of collection, regulation or disposal may be funded by taxation, special assessment to the property owner, user fees or other charges;
  19. License and regulate all persons, firms, corporations, companies and associations engaged in any business, occupation, calling, profession or trade not prohibited by law;
  20. Impose a license tax upon any animal, thing, business, vocation, pursuit, privilege or calling not prohibited by law;
  21. Define, prohibit, abate, suppress, prevent and regulate all acts, practices, conduct, businesses, occupations, callings, trades, uses of property and all other things whatsoever detrimental, or liable to be detrimental, to the health, morals, comfort, safety, convenience or welfare of the inhabitants of the municipality, and exercise general police powers;
  22. Prescribe limits within which business occupations and practices liable to be nuisances or detrimental to the health, morals, security or general welfare of the people may lawfully be established, conducted or maintained;
  23. Inspect, test, measure and weigh any article for consumption or use within the municipality, and charge reasonable fees therefor, and provide standards of weights, tests and measures in such manner as may be provided pursuant to title 47, chapter 26, part 9;
  24. Regulate the location, bulk, occupancy, area, lot, location, height, construction and materials of all buildings and structures in accordance with general law, and inspect all buildings, lands and places as to their condition for health, cleanliness and safety, and when necessary, prevent their use and require any alteration or changes necessary to make them healthful, clean or safe;
  25. Provide and maintain charitable, educational, recreative, curative, corrective, detentive, or penal institutions, departments, functions, facilities, instrumentalities, conveniences and services;
  26. Purchase or construct, maintain and establish a correctional facility for the confinement and detention of persons who violate laws within the corporate limits of the city, or to contract with the county to keep these persons in the correctional facility of the county and to enforce the payment of fines and costs in accordance with §§ 40-24-104 and 40-24-105 or through contempt proceedings in accordance with general law;
    1. Enforce any ordinance, rule or regulation by fines, forfeitures and penalties, and by other actions or proceedings in any court of competent jurisdiction;
    2. Provide by ordinance for court costs as provided in the Municipal Court Reform Act, compiled in title 16, chapter 18, part 3;
  27. Establish schools, to the extent authorized pursuant to general law, determine the necessary boards, officers and teachers required therefor, and fix their compensation, purchase or otherwise acquire land for or assess a fee for use of, or impact upon, schoolhouses, playgrounds and other purposes connected with the schools, purchase or erect all necessary buildings and do all other acts necessary to establish, maintain and operate a complete educational system within the municipality;
  28. Regulate, tax, license or suppress the keeping or going at large of animals within the municipality, impound them, and in default of redemption, sell or kill them;
  29. Call elections as provided in this charter;
  30. Have and exercise all powers that now or hereafter it would be competent for this charter specifically to enumerate, as fully and completely as though these powers were specifically enumerated; and
  31. Create a design review commission, which shall have the authority to develop general guidelines and to develop procedures for the approval of the guidelines for the exterior appearance of all nonresidential property, multiple family residential property, and any entrance to nonresidential developments within the municipality; provided, that the authority is subordinate to and in no way exceeds the authority delegated to a municipal planning commission pursuant to title 13, chapter 4. Any property owner affected by the guidelines may appeal a decision by the design review commission to the municipality's planning commission or, if there is no planning commission, to the entire municipal legislative body.

Acts 1991, ch. 154, § 1; 1995, ch. 13, § 4; 1998, ch. 621, § 2; 1998, ch. 1126, § 1; 2006, ch. 796, § 1; 2011, ch. 453, § 1; 2014, ch. 927, § 6; 2016, ch. 645, § 2.

Compiler's Notes. Former §§ 6-2-2016-2-203 (Code 1858, § 1359; Acts 1875, ch. 92, § 25; Shan., §§ 1915, 1937; mod. Code 1932, §§ 3326, 3353; Acts 1957, ch. 229, §§ 1-3; 1969, ch. 220, § 1; T.C.A. (orig. ed.), §§ 6-202, 6-203, 6-225), concerning municipal authority, were repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.

For table of populations of Tennessee municipalities see Volume 13 and its supplement.

Amendments. The 2016 amendment substituted “, but not longer, except as provided in § 65-4-107(b).” for “, but not longer” at the end of the fourth sentence of (12).

Effective Dates. Acts 2016, ch. 645, § 4. March 23, 2016.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

Attorney General Opinions. Municipality's extraterritorial power of eminent domain for landfill construction, OAG 97-027, 1997 Tenn. AG LEXIS 26 (3/31/97).

County authority to establish rates for privately owned utility franchise, OAG 97-114, 1997 Tenn. AG LEXIS 148 (8/14/97).

Sale of city land for golf course, OAG 99-143 (7/30/99).

Municipalities have the authority to enact child curfew laws, OAG 00-158, 2000 Tenn. AG LEXIS 161 (10/17/00).

Unless and until the legislature enacts legislation implementing a state lottery, which would include authorization for the sale of lottery tickets statewide, a local government may enact an ordinance prohibiting the sale of lottery tickets within its jurisdiction, OAG 03-004, 2003 Tenn. AG LEXIS 4 (1/17/03).

Proposed private act purporting to give a single county zoning and regulatory authority over business activities and property uses that are subject to regulation by the department of environment and would be inconsistent with general laws and would constitute invalid class legislation, OAG 04-105, 2004 Tenn. AG LEXIS 123 (7/02/04).

Department of children's services’ leasehold interest in group home is a property interest which would preclude city from condemning the property, OAG 05-025, 2005 Tenn. AG LEXIS 25 (3/21/05).

Adoption of ordinance requiring persons who lease residential real property within a municipality to obtain an annual license and pay a charge for each unit leased, OAG 06-103, 2006 Tenn. AG LEXIS 112 (6/21/06).

Local governments may regulate itinerant vendors and temporary sales activity that takes place along a state highway, OAG 08-188, 2008 Tenn. AG LEXIS 233 (12/16/08).

Regulation of distribution of ephedrine and pseudoephedrine by local governments.  OAG 13-99, 2013 Tenn. AG LEXIS 102 (12/6/13).

Roll-off dumpster services are “public services” because the proper collection and removal of waste promotes the public health and general welfare of a municipality’s residents. However, not all municipal residents have to use roll-off dumpster services for these services to be “public” ones. Further, a Tennessee municipality does not violate federal antitrust law when it awards an exclusive contract or franchise for roll-off dumpster services; the state-action doctrine shields the municipality from liability. Whether a municipality’s award of an exclusive contract or franchise for roll-off dumpster services passes muster under the Tennessee Constitution would necessarily be measured by the exigencies of the particular situation.  Whether a municipality may execute an exclusive contract or franchise agreement that requires its residents to pay a fee directly to the contractor or franchisee for roll-off dumpster services and that, at the same time, provides the municipality with a sum certain from the contractor or franchisee for each roll-off dumpster rental will depend on the facts and circumstances surrounding the execution of the particular agreement, as well as the particular terms and conditions of the agreement. House Bill 1293 of the 110th General Assembly, which would allow an individual to procure a roll-off dumpster from any business providing these services even if that person lives in a municipality that has awarded an exclusive contract or franchise to a particular waste management company to provide roll-off dumpster services, could be vulnerable to a challenge that it violates Article I, Section 10 of the United States Constitution and article I, section 20 of the Tennessee Constitution. OAG 17-43, 2017 Tenn. AG LEXIS 43 (9/25/2017).

NOTES TO DECISIONS

1. Zoning Ordinances.

Because, by its own terms, Jefferson City, Tenn., Mun. Code § 7-402 could not be characterized as being tantamount to a zoning ordinance, it was not a zoning restriction under the substantial effect test since the ordinance did not refer to nor did its operation depend upon the city's zoning plan, and it did not refer to land, zones, buildings, lot lines, or any other terms and concepts customarily associated with comprehensive zoning plans; the ordinance reflected the exercise of the city's traditional, general police power granted in T.C.A. § 6-2-201(22)SNPCO, Inc. v. City of Jefferson City, 363 S.W.3d 467, 2012 Tenn. LEXIS 212 (Tenn. Mar. 26, 2012).

Chapter 3
Board of Mayor and Aldermen

6-3-101. Election of board — Municipalities incorporating under chapters 1-4 of this title after June 30, 1991 — Ward boundaries.

  1. Any municipality incorporating under this charter after June 30, 1991, shall have at least one (1) ward but not more than eight (8) wards. Any municipality having a population of less than five thousand (5,000) shall, upon incorporation, have one (1) ward, and its board shall consist of a mayor and two (2) aldermen elected at large. Any municipality having a population of more than five thousand (5,000) shall, upon incorporation, have two (2) wards, and its board shall consist of a mayor to be elected at large and two (2) aldermen elected from each ward. The mayor and aldermen elected to the first board shall serve the four-year and two-year terms prescribed by § 6-1-207(b). At each election thereafter the mayor and aldermen shall be elected to four-year terms, except in transitional elections prescribed by subsection (c). Any municipality that incorporated under this charter after June 30, 1991, and that has a population of less than five thousand (5,000) and has only one (1) ward, may by ordinance increase the number of aldermen to a maximum of four (4) without increasing the number of wards. The ordinance shall provide for staggered four-year terms in accordance with § 6-1-207(b), but may provide for transitional terms of less than four (4) years.
    1. Any municipality incorporated after June 30, 1991, may increase or reduce the number of wards, except that municipalities having a population of more than five thousand (5,000) shall not reduce the number of wards below two (2). The board of any municipality having between one (1) and four (4) wards shall consist of a mayor elected at large and two (2) aldermen elected from each ward, except that municipalities having more than one (1) ward may reduce the number of aldermen from each ward from two (2) to one (1). The board of any municipality having between five (5) and eight (8) wards shall consist of a mayor elected at large and one (1) alderman elected from each ward. In wards having more than one (1) alderman, the aldermen shall serve staggered terms of office within their wards.
    2. Any municipality that has only one (1) ward may provide by ordinance for numerical designations for aldermanic positions. After numerical positions have been designated, candidates for alderman shall qualify by indicating on the qualifying petition the position the candidate is seeking. Ballots shall indicate the position to be filled by the selection of candidates listed under “Alderman, position 1,” “Alderman, position 2,” and so on. Any qualified person residing in the municipality may seek an open aldermanic position, but may qualify in any election for only one (1) position.
  2. All increases and reductions in the number of wards and aldermen under this section shall be accomplished only by ordinance passed by a two-third (2/3) vote of the entire membership to which the board is entitled. The ordinance shall:
    1. Take effect at the next municipal election, but shall not affect the present terms of members of the board of mayor and aldermen;
    2. Where appropriate, establish and describe the new ward boundaries;
    3. Provide for a transitional election following the adoption of the ordinance in which the mayor or aldermen, or both, running for office shall be elected for terms that will expire at the next municipal election;
    4. At the second municipal election following the adoption of the ordinance provide for a system of staggered terms of office under which the mayor is elected for a term of four (4) years, in cities with an even number of wards one half (½) the total number of mayor and aldermen running for office are elected to four-year terms, in cities with an uneven number of wards one (1) more or one (1) less than one half (½) the total number of mayor and aldermen running for office, are elected to four-year terms, in both classes of cities the remaining aldermen are elected to two-year terms, and following which all aldermen shall be elected for four-year terms; and
    5. In the case of a ward that has been abolished, provide that any alderman whose term extends past the life of a ward shall serve as an alderman at large for the remainder of the term.

Acts 1991, ch. 154, § 1; 1992, ch. 612, §§ 3, 4; 1996, ch. 652, § 1; 1997, ch. 77, § 1; 2003, ch. 261, § 1.

Compiler's Notes. For table of populations of Tennessee municipalities see Volume 13 and its supplement.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

6-3-102. Election of board by municipalities incorporated under chapters 1 and 2 of this title, on or prior to June 30, 1991. [Amendment Contingent on Municipality Approval. See the Compiler's Notes].

    1. A municipality incorporated under chapters 1 and 2 of this title, on or before June 30, 1991, may, by ordinance, establish wards, increase or decrease the number of wards, increase or decrease the number of aldermen to no fewer than two (2) and no more than eight (8) in accordance with § 6-3-101.
    2. Any municipality that has only one (1) ward may provide by ordinance for numerical designations for aldermanic positions. After numerical positions have been designated, candidates for alderman shall qualify by indicating on the qualifying petition the position the candidate is seeking. Ballots shall indicate the position to be filled by the selection of candidates listed under “Alderman, position 1,” “Alderman, position 2,” and so on. Any qualified person residing in the municipality may seek an open aldermanic position, but may qualify in any election for only one (1) position.
    1. A municipality whose board has staggered two-year terms may by ordinance change to staggered four-year terms. The ordinance, which shall take effect for the next municipal election and shall not affect the present terms of members of the board of mayor and aldermen, shall provide for the transitional election of some members of the board for three-year terms. After this initial election, all members of the board shall be elected for four-year terms.
    2. A municipality whose board has nonstaggered two-year terms may by ordinance change to staggered four-year terms. The ordinance, which shall take effect for the next municipal election and shall not affect the present terms of members of the board, shall provide for the transitional election of some members of the board for two-year terms. After this initial election, all members of the board shall be elected for four-year terms.
    3. A municipality whose board has nonstaggered four-year terms may by ordinance change to staggered four-year terms. The ordinance, which shall take effect for the next municipal election and shall not affect the present terms of members of the board, shall provide for the transitional election of some members of the board for either two-year or six-year terms. After this initial election, all members of the board shall be elected for four-year terms.
    4. A municipality whose board has staggered two-year terms may, by ordinance, change to nonstaggered two-year terms. The ordinance, which shall take effect for the next municipal election and shall not affect the present terms of members of the board of mayor and aldermen, shall provide that the members elected at the next election will serve transitional terms of three (3) years. After such election, all members of the board shall be elected to serve two-year terms.
    5. A municipality whose board has non-staggered or staggered four-year terms may, by ordinance, change to two-year non-staggered or staggered terms. The ordinance shall not affect the present terms of members of the board serving four-year terms, and shall take effect for the next appropriate municipal election following the adoption of the ordinance. After such election, all members of the board shall be elected to serve two-year terms.
    6. A municipality whose board has nonstaggered two-year terms may by ordinance change to nonstaggered four-year terms. The ordinance shall take effect for the next municipal election and shall not affect the present terms of members of the board.
    1. Notwithstanding any provision of this chapter to the contrary, any municipality incorporated under this charter that is located within two (2) counties and has a population of not less than one thousand four hundred fifty (1,450) nor more than one thousand four hundred seventy-five (1,475), according to the 1990 federal census or any subsequent federal census, may by ordinance provide for the election of its mayor to a four-year term and the election of its aldermen to staggered four-year terms beginning with municipal elections that are conducted after January 1, 2001.
    2. Nothing in subdivision (c)(1) shall be construed as having the effect of removing any incumbent from office or abridging the term of any official prior to the end of the term for which such official was elected.

Acts 1991, ch. 154, § 1; 1992, ch. 612, §§ 5-7; 1994, ch. 574, §§ 1, 2; 1998, ch. 691, § 1; 1998, ch. 954, §§ 1, 2; 2000, ch. 613, § 1; 2003, ch. 261, § 2; 2007, ch. 90, § 1.

Compiler's Notes. Acts 2000, ch. 613, § 2 provided that the act shall have no effect unless it is approved by a two-thirds (2/3) vote of any municipality within two (2) counties and has a population of not less than one thousand four hundred fifty (1,450) nor more than one thousand four hundred seventy-five (1,475) according to the 1990 federal census or any subsequent federal census. Its approval or nonapproval shall be proclaimed by the presiding officer of such municipality and certified to the Secretary of State.

For table of populations of Tennessee municipalities see Volume 13 and its supplement.

Attorney General Opinions. Under T.C.A. § 6-3-102(b)(5), a city could change the term of office of all the members of its board of mayor and aldermen to two-year terms, but no statute authorizes the city to shorten the mayor's term to two years while leaving the other members with four-year staggered terms, OAG 05-151, 2005 Tenn. AG LEXIS 153 (9/30/05).

6-3-103. Residence requirements for officers.

  1. No person shall be eligible for the office of mayor unless such person has resided within the municipality for at least one (1) year next preceding the election.
  2. No person shall be eligible for the office of alderman unless such person has resided within the ward for at least one (1) year next preceding the election.
  3. Residence within any area annexed in a year preceding an election shall be counted in meeting the residence requirement of this section.
  4. Any officer moving from such officer's ward, in the case of an alderman, or moving from the municipality, in the case of the mayor, during the term of office shall be presumed to have vacated the office, and it shall be declared vacant, and filled as provided in § 6-3-107.

Acts 1991, ch. 154, § 1.

Attorney General Opinions. Payment of mayor's salary during voluntary leave of absence, OAG 98-0127, 1998 Tenn. AG LEXIS 127 (7/20/98).

Residency requirements in T.C.A. § 6-3-103 do not apply in cities incorporated under private acts, OAG 06-055, 2006 Tenn. AG LEXIS 56 (3/28/06).

6-3-104. Dates for municipal elections.

  1. The board may by ordinance change the date of municipal elections to coincide with the August or November general election. The ordinance changing the election date shall provide for the extension of the terms of members of the board necessary to meet the election date, but no term may be extended for more than two (2) years beyond its regular expiration date.
  2. Nothing in subsection (a) shall be construed to remove any incumbent from office or abridge the term of any incumbent prior to the end of the term for which an elected official was selected.
  3. If the board changes the date of municipal elections pursuant to subsection (a), the board may at a later date change the election date back to what such date was prior to moving the election date to coincide with the August or November general election. The board may only make an election date change under this subsection (c) one (1) time. Terms of incumbent members of the board shall not be abridged to accomplish an election date change under this subsection (c); however, members elected at a date change pursuant to this subsection (c) may take office at a later date so as to not abridge terms of incumbent members. If such members take office at a later date, their term may be abridged due to such members having to take office at the later date.

Acts 1991, ch. 154, § 1; 2010, ch. 1008, § 1.

Attorney General Opinions. Constitutionality of municipal charter amendment that extends term of elected officials, OAG 00-017, 2000 Tenn. AG LEXIS 17 (2/8/00).

6-3-105. Oaths of office.

The mayor, after the mayor's election, shall take an oath of office to support the constitution of the state and faithfully discharge the duties of the mayor's office, before any officer authorized to administer oaths. This officer or the mayor shall then induct the aldermen into office by administering to them a similar oath of office. Oaths of office shall be filed in the archives of the municipality.

Acts 1991, ch. 154, § 1.

6-3-106. Duties of mayor.

  1. The mayor:
    1. Shall be the chief executive officer of the municipality and shall preside at meetings of the board;
    2. Shall communicate any information needed, and recommend measures the mayor deems expedient to the board;
      1. Shall make temporary appointments of any officer or department head as those terms are defined in § 6-1-101, except that of alderman, arising from the absence, sickness or disability of any such officer or department head, and shall report such appointment to the board at its next regular meeting;
      2. The board may confirm or reject the mayor's temporary appointments, or, at its discretion, make its own temporary appointments. The board shall make appointments to fill vacancies in office;
      1. May call special meetings of the board upon adequate notice to the board and adequate public notice;
      2. Shall state the matters to be considered at the special meeting and the action of the board shall be limited to those matters submitted;
    3. Shall countersign checks and drafts drawn upon the treasury by the treasurer and sign all contracts to which the municipality is a party;
    4. As a member of the board, may make motions and shall have a vote on all matters coming before the board; and
    5. Shall make appointments to boards and commissions as authorized by law.
  2. Unless otherwise designated by the board by ordinance, the mayor shall perform the following duties or may designate a department head or department heads to perform any of the following duties:
    1. Those duties set forth in § 6-4-101, if the board does not appoint a city administrator, or if someone else is not designated by the board to perform those duties;
      1. Employ, promote, discipline, suspend and discharge all employees and department heads, in accordance with personnel policies and procedures, if any, adopted by the board;
      2. Nothing in this charter shall be construed as granting a property interest to employees or department heads in their continued employment;
    2. Act as purchasing agent for the municipality in the purchase of all materials, supplies and equipment for the proper conduct of the municipality's business; provided, that all purchases shall be made in accordance with policies, practices and procedures established by the board;
    3. Prepare and submit the annual budget and capital program to the board for their adoption by ordinance; and
    4. Such other duties as may be designated or required by the board.

Acts 1991, ch. 154, § 1; 1992, ch. 612, § 8; 1997, ch. 27, §§ 1, 3.

6-3-107. Vice mayor — Vacancies in office.

  1. The board shall elect an alderman to the office of vice mayor, who shall serve as mayor when the mayor is absent or unable to discharge the duties of the mayor's office, and, in case of a vacancy in the office of mayor, until the next regular municipal election.
    1. By affirmative vote of a majority of the remaining members, the board shall fill a vacancy in the office of alderman for the unexpired term, but any portion of an unexpired four-year term for alderman or mayor that remains beyond the next municipal election shall be filled by the voters at that election, if the vacancy occurs at least twenty (20) days before the latest time for filing nominating petitions for candidates in that election.
    2. All such elections by the board shall be made by voice vote, on the calling of the roll. If a tie vote occurs in filling a vacancy on the board, the presiding officer shall vote a second time to break the tie.

Acts 1991, ch. 154, § 1; 1992, ch. 612, § 9.

6-3-108. Election of alderman as presiding officer.

In the absence of the mayor and vice mayor, the board may elect an alderman to act as presiding officer.

Acts 1991, ch. 154, § 1; 1997, ch. 27, § 2.

6-3-109. Compensation.

  1. The compensation of all officers shall be established in the ordinance adopting the annual budget and capital program.
  2. The compensation of the mayor may not be diminished during the mayor's term of office.

Acts 1991, ch. 154, § 1.

Attorney General Opinions. Payment of mayor's salary during voluntary leave of absence, OAG 98-0127, 1998 Tenn. AG LEXIS 127 (7/20/98).

6-3-110. Establishment of term limits for the mayor and board of mayor and aldermen of certain municipalities by ordinance.

  1. Subject to the further provisions of this section, the board of mayor and aldermen of any municipality incorporated under this charter which is located within a county that has adopted a charter form of government is authorized upon its own initiative and upon the adoption of an ordinance by a two-thirds (2/3) vote at two (2) separate meetings to establish term limits for the mayor and board of mayor and aldermen of such municipality in such manner as shall be designated by the ordinance. The operation of the ordinance shall be subject to approval of the voters as required in subsection (b).
    1. Any ordinance to establish term limits for the mayor and board of mayor and alderman of any municipality to which subsection (a) applies shall not become operative until approved in an election herein provided in the municipality. Upon the adoption of the ordinance, the mayor shall notify the county election commission to hold an election as provided in this subsection (b).
    2. After the receipt of a certified copy of such ordinance, the county election commission shall hold an election on the question pursuant to § 2-3-204, providing options to vote “FOR” or “AGAINST” the ordinance, and a majority vote of those voting in the election shall determine whether the ordinance is to be operative.
    3. If the majority vote is for the ordinance, it shall be deemed to be operative on the date that the county election commission makes its official canvass of the election returns; provided, however, that no term limits shall apply until the election of the mayor and board of mayor and aldermen held after the ordinance is operative.
    4. If the majority vote is against the ordinance, no further elections on the question of term limits shall be held until at least four (4) years have expired from the previous election and only after the board of mayor and aldermen adopts a new ordinance for such purposes in accordance with subsection (a).

Acts 2010, ch. 999, § 1.

Chapter 4
Officers and Department Heads

Part 1
City Administrator

6-4-101. Duties of city administrator.

  1. The board may appoint a city administrator who shall be under the control and direction of the board. The city administrator shall report and be responsible to the board.
  2. The board may, by ordinance, require the city administrator to perform any or all the following duties:
    1. Administer the business of the municipality;
    2. Make recommendations to the board for improving the quality and quantity of public services to be rendered by the officers and employees to the inhabitants of the municipality;
    3. Keep the board fully advised as to the conditions and needs of the municipality;
    4. Report to the board the condition of all property, real and personal, owned by the municipality and recommend repairs or replacements as needed;
    5. Recommend to the board and suggest the priority of programs or projects involving public works or public improvements that should be undertaken by the municipality;
    6. Recommend specific personnel positions, as may be required for the needs and operations of the municipality, and propose personnel policies and procedures for approval of the board; and
    7. Perform such other duties as may from time to time be designated or required by the board.

Acts 1991, ch. 154, § 1.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

Part 2
City Recorder

6-4-201. City recorder — Appointment.

The board shall appoint a city recorder, who also may be appointed to the positions of finance director or treasurer, or both.

Acts 1991, ch. 154, § 1.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

6-4-202. Recorder's functions at board meeting.

The recorder or the recorder's designee shall be present at all meetings of the board, and keep a full and accurate record of all business transacted by the board to be preserved in permanent form.

Acts 1991, ch. 154, § 1.

6-4-203. Custody of official records.

  1. The recorder or the recorder's designee shall have custody of, and preserve in the recorder's office, the city seal, the public records, original rolls of ordinance, ordinance books, minutes of the board, contracts, bonds, title deeds, certificates, and papers, all official indemnity or security bonds, except the recorder's bond, which shall be in the custody of the mayor, and all other bonds, oaths and affirmations and all other records, papers and documents not required by this charter or by ordinance to be deposited elsewhere, and register them by numbers, dates and contents, and keep an accurate and modern index of such material.
  2. All such records shall be the property of the municipality.

Acts 1991, ch. 154, § 1.

6-4-204. Copies of records and ordinances.

  1. The recorder shall provide, copy, and, when required by any officer or person, certify copies of records, papers and documents in the recorder's office.
  2. Fees for copying and certification shall be charged as established by ordinance.

Acts 1991, ch. 154, § 1.

Part 3
City Judge — City Court

6-4-301. City judge — Jurisdiction — Appointment — Qualifications and compensation — Elections.

  1. There shall be a city court presided over by a city judge appointed by the board or elected as provided in subsection (c).
      1. Where the city judge is appointed, the city judge shall have the qualifications, term of office, if any, and receive the compensation the board may provide by ordinance.
      2. The board may appoint the general sessions court judge of the county or counties in which the municipality lies to act as city judge to the extent the general sessions court judge agrees to act as city judge.
    1. In the absence or disability of the city judge, the mayor may designate a qualified person to serve as city judge or, to the extent the general sessions court judge agrees to serve as city judge, may designate the general sessions court judge of the county or counties in which the municipality lies to be acting city judge until one can be appointed at the next regularly scheduled meeting of the board, or as otherwise provided by ordinance.
    1. The board may require, by ordinance, that the city judge meet the constitutional qualifications and be elected in the same manner as a judge of an inferior court. Constitutional provisions applicable to judges of inferior courts shall apply to the elected city judge.
    2. If an elected city judge is temporarily unable to preside over the city court for any reason, then, to the extent a general sessions court judge agrees to serve temporarily as city judge, the judge shall appoint a general sessions judge of the county or counties within which the municipality lies to sit in the judge's place. If no general sessions judge is available, then the city judge shall appoint an attorney, meeting the same qualifications as a general sessions judge, to sit temporarily.

Acts 1991, ch. 154, § 1; 1992, ch. 612, § 10; 1996, ch. 652, §§ 2, 3; 2004, ch. 914, § 6a; 2011, ch. 453, §§ 2-4.

Compiler's Notes. General sessions judges may have city judge jurisdiction pursuant to this section.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

Attorney General Opinions. General sessions judge acting as city judge, OAG 94-012, 1994 Tenn. AG LEXIS 9 (2/3/94).

City courts have jurisdiction to enforce a child curfew law against a parent, OAG 00-158, 2000 Tenn. AG LEXIS 161 (10/17/00).

6-4-302. Power to enforce ordinances.

  1. The city judge may impose fines, costs and forfeitures, and punish by fine for violation of city ordinances.
  2. The judge may preserve and enforce order in the court and enforce the collection of all fines, costs and forfeitures imposed.
    1. In default of payment, or good and sufficient security given for the payment of any fines or forfeitures imposed, if:
      1. The court has concurrent jurisdiction with the general sessions court, the judge is authorized to enter an order in accordance with § 40-24-104 which, in accordance with such section, may include imprisonment until the fine, or any portion of it, is paid. No such imprisonment shall exceed the period of time established in § 40-24-104, for any one (1) offense or violation;
      2. The court does not have concurrent jurisdiction with the general sessions court, the judge is authorized to enter an order for contempt of court for the payment of the fine in the amount established pursuant to § 16-18-306.
    2. Fines may be paid in installments in the manner provided by ordinance or in accordance with § 40-24-104. Any court is authorized to enforce the collection of unpaid fines or forfeitures as a judgment in a civil action in any court with competent jurisdiction in accordance with § 40-24-105. The city judge may remit, with or without condition, fines and costs imposed for violation of any ordinance provision.

Acts 1991, ch. 154, § 1; 1995, ch. 13, § 5; 2011, ch. 453, § 5.

Attorney General Opinions. City courts are limited to monetary penalties against a parent in enforcing curfew violations, OAG 00-158, 2000 Tenn. AG LEXIS 161 (10/17/00).

Part 4
Treasurer—Deposits of Municipal Funds

6-4-401. Appointment and duties of treasurer.

  1. The board shall appoint a treasurer.
  2. The treasurer shall collect, receive and receipt for the taxes and all other revenue and bonds of the municipality, and the proceeds of its bond issues, and disburse them.
  3. The board may appoint the recorder as treasurer.

Acts 1991, ch. 154, § 1.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

6-4-402. Depositories of municipal funds.

    1. The board, at a regular meeting, shall adopt a resolution to contract with a bank or banks making the best proposal to become the depository of municipal funds.
    2. Before entering into a contract under subdivision (a)(1), the treasurer or an officer appointed by the treasurer shall review and analyze the proposals from the banks and submit an analysis of the proposals to each member of the board at or before the next meeting of the board. The analysis of the proposals should consider the bank or banks proposing the highest interest rate, potential service charges or other fees, factors affecting safety and liquidity of municipal funds, and any other relevant factors.
  1. The board shall require any bank that becomes a depository of municipal funds to secure the funds by collateral in the same manner and under the same conditions as state deposits under title 9, chapter 4, parts 1 and 4, or as provided in a collateral pool created under title 9, chapter 4, part 5.
  2. Notwithstanding any law to the contrary, at least once every four (4) years, the board shall reevaluate the contracts entered into pursuant to subsection (a). The board shall base its evaluation on proposals obtained from at least two (2) banks. The treasurer or an officer appointed by the treasurer shall prepare a written evaluation of the proposals and preserve the evaluations for at least three (3) years.

Acts 1991, ch. 154, § 1; 1994, ch. 752, § 4; 2019, ch. 277, § 1.

Amendments. The 2019 amendment rewrote this section, which read: “Depositories of the municipal funds shall be designated by ordinance. The board shall require any financial institution that becomes a depository of municipal funds to secure such funds by collateral in the same manner and under the same conditions as state deposits under title 9, chapter 4, parts 1 and 4, or as provided in a collateral pool created under title 9, chapter 4, part 5.”

Effective Dates. Acts 2019, ch. 277, § 5. July 1, 2019.

Chapters 5-17
[Reserved]
City Manager-Commission Charter

Chapter 18
City Manager-Commission Charter—Adoption or Surrender

6-18-101. Definitions — Chapters 18-22.

    1. “City,” in chapters 18-22 of this title, refers to any city that may adopt these chapters, and “county” refers to the county in which any such city is located; and
    2. “This charter” refers to chapters 18-22 of this title.
  1. Whenever the “county election commission” is referred to in chapters 18-22 of this title, it means the county election commission of the county in which the territory proposed to be incorporated or the municipality is situated. If the territory proposed to be incorporated or the municipality includes parts of two (2) or more counties, it means the county election commission in each of such counties and they shall act jointly in performing the functions required of county election commissions in chapters 18-22 of this title.

Acts 1921, ch. 173, art. 22, § 1; Shan. Supp., § 1997a244; Code 1932, § 3642; Acts 1977, ch. 300, § 1; T.C.A. (orig. ed.), § 6-1801.

Cross-References. City manager-council charters, title 6, chapters 30-36.

Mayor-aldermanic charters, title 6, chs. 1-4.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

Attorney General Opinions. Authority of city judge to require violators of municipal traffic ordinances to attend safety school in lieu of fine or other punishment, OAG 95-0591995 Tenn. AG LEXIS 64 (5/25/95).

City development of residential real estate, OAG 98-042, 1998 Tenn. AG LEXIS 42 (2/17/98).

Authority of city manager and commissioners under city manager-commission charter.  OAG 11-11, 2011 Tenn. AG LEXIS 11 (1/19/11).

Electronic signatures on petitions for municipal formation and annexation.  OAG 12-80, 2012 Tenn. AG LEXIS 76 (8/2/12).

NOTES TO DECISIONS

1. Application to Other Laws.

The limitations of cities with mayor aldermanic charters are inapplicable to a city deriving its authority from chs. 18-23 (ch. 23 is repealed) of this title relating to city manager form of government. Biltmore Hotel Court, Inc. v. Berry Hill, 216 Tenn. 62, 390 S.W.2d 223, 1965 Tenn. LEXIS 654 (1965).

6-18-102. Construction of chapters 18-22.

In the construction of any portion of chapters 18-22 of this title whose meaning or application is in dispute, it is intended that its phraseology shall be liberally construed to effect the substantial objects of these chapters.

Acts 1921, ch. 173, art. 22, § 2; Shan. Supp., § 1997a245; Code 1932, § 3643; T.C.A. (orig. ed.), § 6-1802.

6-18-103. Right to adopt city manager form — Incorporation within specified distances from existing cities.

    1. The residents of any incorporated municipality or of any territory that it is desired to incorporate shall have the right to adopt chapters 18-22 of this title in the manner provided in this charter; and thereupon such city or territory shall be and become incorporated and be governed as set forth in this charter. No unincorporated territory shall be incorporated under chapters 18-22 of this title unless such territory contains not less than one thousand five hundred (1,500) persons, who shall be actual residents of the territory, and shall also contain real estate included in the territory worth not less than five thousand dollars ($5,000).
    2. No unincorporated territory shall be allowed to hold a referendum on the question of whether or not to incorporate under this charter until a plan of services is documented, setting forth the identification and projected timing of municipal services proposed to be provided and the revenue from purely local sources to be payable annually. The plan of services shall be attached to the petition to incorporate when such petition is filed with the county election commission. The plan of services shall include, but not be limited to, police protection, fire protection, water service, sanitary sewage system, solid waste disposal, road and street construction and repair, recreational facilities, a proposed five-year operational budget, including projected revenues and expenditures, and the revenue from purely local sources to be payable annually. Municipalities that are first incorporated on or after July 1, 1993, and that produce no local own-source revenues in any fiscal year, shall not receive any state-shared revenues during the next fiscal year.
    3. Prior to filing the petition with the county election commission, a public hearing on the referendum on the question of whether or not to incorporate under this charter and plan of services shall be conducted. The public hearing shall be advertised in a newspaper of general circulation for two (2) consecutive weeks.
  1. No unincorporated territory shall be incorporated within three (3) miles of an existing municipality or within five (5) miles of an existing municipality of one hundred thousand (100,000) or more in population, according to the latest census certified by the department of economic and community development. “Existing municipality” and “existing municipality of one hundred thousand (100,000) or more in population” do not include any county with a metropolitan form of government with a population of one hundred thousand (100,000) or more, according to the 1990 federal census or any subsequent federal census certified by the department of economic and community development.
  2. Notwithstanding subsection (a) or (b) to the contrary, a territory may be incorporated if the following conditions are fulfilled:
    1. The territory contains two hundred twenty-five (225) residents or more;
    2. The territory is composed of property that is one thousand six hundred feet (1,600') or more above sea level on the western border of the territory and contiguous with a county boundary on the eastern border of the territory;
    3. The territory is located within an area that is bordered on the west, north and east by the Tennessee River and on the south by the border between Tennessee and another state; and
    4. The territory is located within a metropolitan statistical area.
  3. Notwithstanding subsections (a)-(c) to the contrary, a territory may be incorporated that meets the following conditions:
    1. The territory contains three hundred (300) residents or more;
    2. The territory's western boundary is contiguous with the western boundary of the county in which it is located;
    3. The territory is located within an area that is bordered on the north by the Loosahatchie River and on the south by the Wolf River;
    4. The territory's eastern boundary is approximately parallel with the western boundary, but in no place is more than eight (8) miles from the western boundary; and
    5. The territory is located within a metropolitan statistical area.
  4. Notwithstanding the requirements of § 6-18-104, or any other provision of law to the contrary, the petition for incorporation of the territory described in subsection (d) may consist of a letter from a resident of the territory desiring to incorporate to the county election commission requesting that the question of incorporating the territory be placed on the ballot. The letter shall describe the exact boundaries of the proposed municipality, indicate the name of the proposed municipality, and indicate under which charter the territory desires to incorporate. The letter shall be treated as a petition meeting all the requirements of law.
    1. Notwithstanding any provision of law to the contrary, whenever the governing body of any existing city affected by this section, by a resolution adopted by a majority vote of its governing body, indicates that it has no interest in annexing the property to be incorporated, and when a certified copy of such resolution and a petition requesting that an incorporation election be held are filed with the county election commission, then the proceedings shall continue as provided in this chapter as though the proposed new incorporation was not within the specified distance of such existing city as provided in this section.
    2. Subdivision (f)(1) shall only apply in counties having a population of not less than eighty thousand (80,000) nor more than eighty-three thousand (83,000), according to the 1990 federal census or any subsequent federal census; provided, that in any adjoining county an existing municipality that is within the specified distance may also use the procedure authorized by subdivision (f)(1).

Acts 1921, ch. 173, art. 1, § 1; Shan. Supp., § 1997a120; Code 1932, § 3517; Acts 1955, ch. 7, § 1; 1957, ch. 347, § 1; 1971, ch. 260, § 2; 1974, ch. 776, § 2; T.C.A. (orig. ed.), § 6-1803; Acts 1991, ch. 154, § 3; 1993, ch. 320, §§ 5, 6; 1995, ch. 13, § 6; 1996, ch. 666, §§ 2, 5; 1996, ch. 708, §§ 2, 3.

Compiler's Notes. Public Acts 1977, chapters 346 and 451 ratified and validated the incorporation of certain cities and towns, one of which was Brentwood, irrespective of failure to comply with election requirements.

Acts 1993, ch. 320, § 9 provided that the amendments by that act shall have no effect on a petition for incorporation filed with the county election commissioner before July 1, 1993. It further provided that if litigation concerning the validity of a municipal charter is pending in either a trial or appellate court on July 1, 1993, then neither the amendments by that act nor title 6, chapter 51 shall be construed or applied in any manner that would prevent or restrict the territory described within such charter from once again incorporating as a municipality, should the court rule against the validity of the charter.

For tables of population of Tennessee municipalities, and for U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Law Reviews.

Tennessee Annexation Law: History, Analysis, and Proposed Amendments (Frederic S. Le Clercq), 55 Tenn. L. Rev. 577 (1989).

Attorney General Opinions. Restrictions on municipal incorporation: constitutionality, OAG 95-114, 1995 Tenn. AG LEXIS 127 (11/21/95).

NOTES TO DECISIONS

1. Construction.

This section was intended to prevent proliferation of artificial cities in less-inhabited areas close to existing cities, and should be liberally construed to that end. Corporation of Collierville v. Fayette County Election Com., 539 S.W.2d 334, 1976 Tenn. LEXIS 573 (Tenn. 1976).

2. Questioning Validity of Charter.

Private citizens could not bring actions as citizens, residents and taxpayers for themselves and others to have charter of city organized under title 6, chs. 18-23 (now chs. 18-22) declared null and void as such action should have been brought in the name of the state as quo warranto proceeding. Fairview v. Spears, 210 Tenn. 404, 359 S.W.2d 824, 1962 Tenn. LEXIS 451 (1962).

Where territory seeking to incorporate ignored the two mile and 15 month waiting-period provisions of this section, neighboring city had standing to sue to invalidate territory's proposed charter. Corporation of Collierville v. Fayette County Election Com., 539 S.W.2d 334, 1976 Tenn. LEXIS 573 (Tenn. 1976).

3. Conditions to Incorporation.

This chapter did not establish a limitation as to the physical size of the territory sought to be incorporated and smallness of the area alone would not preclude incorporation where the statutory conditions as to population and property values were met. State ex rel Cole v. City of Hendersonville, 223 Tenn. 365, 445 S.W.2d 652, 1969 Tenn. LEXIS 421 (1969).

4. Special Acts.

Private Acts 1953, ch. 267, § 7 is unconstitutional as creating an arbitrary and unequal classification, which is a special disability or privilege insofar as it provides that the city of Dayton is not subject to the general sections of this title providing for the adoption by vote of residents of the city manager and commission form of government. Furnace v. Dayton, 197 Tenn. 477, 274 S.W.2d 6, 1954 Tenn. LEXIS 512 (1954).

6-18-104. Election to adopt city manager form.

  1. An election for the purpose of determining whether or not chapters 18-22 of this title shall become effective for any city shall be included on the ballot at the next election, as defined in § 2-1-104, by the county election commission upon the petition in writing of thirty-three and one-third percent (33 1/3%) of the registered voters of the city or territory, which petition shall state therein in a sufficient manner the boundaries of the proposed municipal corporation, which may be done by a general reference to the boundaries then existing if there is one. Petitioners shall attach a list of the names of all persons who at the time of making the list would be qualified voters in the proposed territory. The county election commission shall, in addition to all other notices required by law, publish one (1) notice of the election in a newspaper of general circulation within the territory of the city or of the proposed city and post the notice in at least ten (10) places in the territory.
  2. At any time not less than thirty (30) days prior to the election provided for in this section, the request or petition may be withdrawn or may be amended to call for a smaller territory for the proposed municipal corporation so long as all of the proposed smaller territory is contained within the boundaries of the territory described in the first petition or request. The withdrawal or amendment shall be valid if filed with the county election commission in writing and executed by twenty percent (20%) of the number of the registered voters voting at the last election within the boundaries of the territory described in the original request or petition, and if signed by not less than fifty-one percent (51%) of those who signed the original request or petition. In the event such an amended request or petition is filed, all provisions relating to time periods in § 6-18-103 shall be controlled by the date of the filing of the original petition, notwithstanding the filing of the amended request or petition, and the county election commission shall publish the notice of election as provided for in this section. A petition for request to withdraw, when filed with and validated by the county election commission, shall render the original request or petition null and void.
  3. Following the defeat of an incorporation in an election held pursuant to this section, no new request for petition for an election may be filed until after the expiration of four (4) years. If the territory included in the boundaries of the newly proposed municipal corporation includes less than fifty percent (50%) of the territory subject to incorporation in such previous election, and if the territory subject to incorporation in such election comprises less than fifty percent (50%) of the territory included in the boundaries of the newly proposed municipal corporation, the four-year waiting period shall not be required.
    1. If a proposal to incorporate a territory is defeated in an election held pursuant to this section by a number of negative votes comprising more than sixty percent (60%) of the persons voting, no further incorporation election shall be held for a period of four (4) years from the previous election unless the conditions established in subsection (c) are met.
    2. If a proposal to incorporate a territory is defeated in an election held pursuant to this section by a number of negative votes comprising less than sixty percent (60%) of the persons voting, no further incorporation election shall be held for a period of two (2) years from the previous election unless the conditions established in subsection (c) are met.

Acts 1921, ch. 173, art. 1, § 3; Shan. Supp., § 1997a122; Code 1932, § 3519; modified; Acts 1972, ch. 740, § 4(26); T.C.A. (orig. ed.), § 6-1804; Acts 1980, ch. 778, § 1; 1983, ch. 33, §§ 3, 4; 1989, ch. 175, § 1; 1997, ch. 98, § 5.

Code Commission Notes.

The 1997 amendments to this section (enacted pursuant to Acts 1997, ch. 98) were found unconstitutional by the Tennessee Supreme Court in Tennessee Municipal League v. Thompson, 958 S.W.2d 333 (Tenn. 1997). The provisions as set out above reflect the section as it appeared prior to the 1997 amendments.

Compiler's Notes. Acts 1989, ch. 175, § 2 provided that the amendment by that act shall not affect the incorporated status of any existing municipality; that the new petition requirement established by the amendment by that act shall apply only to incorporation petitions filed on or after April 26, 1989, and that for petitions filed before April 26, 1989, but for which the incorporation election has not been held, the old requirements shall apply.

Law Reviews.

Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).

NOTES TO DECISIONS

1. Validity of Election.

Where bill seeking to invalidate election held under this statute alleged that petition seeking the election was not signed by 20 percent of the legal voters voting in the last general election and alleged the number of votes cast in the last general election but did not allege the number of persons signing the petition such petition did not show that there had not been a substantial compliance with the statute and would be rejected under a former statute providing that informalities will not invalidate the election where there has been a substantial compliance with the statutory requirements. Bohr v. Abercromble, 200 Tenn. 268, 292 S.W.2d 38, 1956 Tenn. LEXIS 405 (1956).

2. Standing to Challenge Proceedings.

Taxpayer who did not allege special injury to himself did not have standing in court to maintain action for purpose of ascertaining validity of incorporation of previously unincorporated territory. Cole v. Langford, 221 Tenn. 458, 427 S.W.2d 562, 1968 Tenn. LEXIS 476 (1968).

Where statutory procedure for incorporation of previously unincorporated area is not followed the alleged wrong is against the public and the state, and action for legal redress should be by the public official authorized to proceed on behalf of the public. Cole v. Langford, 221 Tenn. 458, 427 S.W.2d 562, 1968 Tenn. LEXIS 476 (1968).

6-18-105. Registration of voters — Qualifications to vote — Certification of result.

  1. The county election commission shall use such methods authorized by title 2 as it judges necessary to facilitate registration before the election.
  2. All registered voters of the city or of the territory of the proposed city are eligible to vote in the election.
  3. The county election commission shall determine and declare the results of the election and shall certify the results within forty-eight (48) hours after it completes its duties under § 2-8-105(3). It shall publish the certificate in a newspaper of general circulation in the city or territory and, if the city is already incorporated, shall file the certificate with the city council or other legislative body of the city at its first meeting after the certification. The certificate shall be entered at large on the minutes of the body with which it is filed.

Acts 1921, ch. 173, art. 1, § 4; Shan. Supp., § 1997a123; Code 1932, § 3520; modified; Acts 1972, ch. 740, § 4(27); T.C.A. (orig. ed.), § 6-1805.

6-18-106. Effect of favorable vote.

  1. If it is found, as provided in § 6-18-105, that the majority of the votes cast are in favor of the adoption of chapters 18-22 of this title, it shall be deemed to have been adopted.
  2. Except for the provisions of chapters 18-22 of this title that are adopted by reference in other municipal charters, chapters 18-22 of this title apply only to those cities that have adopted chapters 18-22 of this title by referendum as authorized by law.

Acts 1921, ch. 173, art. 1, § 5; Shan. Supp., § 1997a124; Code 1932, § 3521; T.C.A. (orig. ed.), § 6-1806; Acts 1983, ch. 33, § 5; 1995, ch. 13, § 7.

6-18-107. Succession to old corporation.

  1. Chapters 18-22 of this title shall take effect in any city immediately after the election and organization of the first board of commissioners provided for in this charter, and thereupon any then existing charter of such city shall immediately become abrogated and null. The right, title and ownership of all property of the city and all of its uncollected taxes, dues, claims, judgments, and choses in action, and all of its rights of every kind whatsoever, shall immediately become vested in the corporation so chartered under chapters 18-22 of this title. The new corporation shall answer and be liable for all debts, contracts, and obligations of the corporation that it succeeds in the same manner and proportion and to the same extent as the former corporation was liable under existing laws. All ordinances, laws, resolutions, and bylaws duly enacted and in force under the preexisting charter and not inconsistent with chapters 18-22 of this title shall remain in full force until repealed, modified, or amended as provided in this charter.
  2. The zoning ordinance duly enacted and in force in any county shall apply to any unincorporated territory in the county incorporated under chapters 18-22 of this title until such incorporated city shall duly enact zoning ordinances, or for a period of six (6) months from the date the first board of commissioners shall take their respective offices, whichever occurs first.

Acts 1921, ch. 173, art. 1, § 2; Shan. Supp., § 1997a121; Code 1932, § 3518; Acts 1973, ch. 14, § 1; T.C.A. (orig. ed.), § 6-1807.

NOTES TO DECISIONS

1. Termination of Office.

This section would destroy the combined office of city recorder, treasurer, superintendent of schools and city manager created under a prior charter, even though the original term of office was set to end at a time later than the adoption, since the later charter does not combine these offices and vests in the city manager the authority to appoint and remove officers and employees. Furnace v. Dayton, 197 Tenn. 477, 274 S.W.2d 6, 1954 Tenn. LEXIS 512 (1954).

6-18-108. Surrender of charter.

  1. After the adoption of this charter and the election of the commissioners, a majority of whom are elected for a four-year period as provided in subsection (b), no election for the surrender of this charter shall be called or held for a period of four (4) years from the date the first board of commissioners shall take their respective offices.
  2. After the expiration of the four-year period, and upon the filing of a petition in the same manner as provided for the adoption of chapters 18-22 of this title containing the signatures of the same number of registered voters and praying for a surrender of such charter, an election shall be held to determine whether or not the same shall be surrendered; provided, that in case of a failure to surrender such charter, the election shall not be held more frequently than at two-year intervals thereafter. For a four-year period after the first board of commissioners shall take office, the cost of calling and holding such an election shall be borne by those petitioning therefor if such election does not result in a surrender of this form of charter. Should such election, however, result in a surrender, the cost of such election shall be borne by the city and following the expiration of such four-year period the cost of such election shall be borne by the city.

Acts 1951, ch. 92, § 1; 1972, ch. 740, § 4(28); T.C.A. (orig. ed.), § 6-1808.

Cross-References. Petition for abolition of charter, § 6-52-201.

6-18-109. Conduct of surrender election — Qualifications to vote.

The county election commission has the same duties with respect to an election for the surrender of a charter as it has with respect to an election to adopt a charter under this title. Any registered voter of the city may vote in the election.

Acts 1951, ch. 92, § 1; modified; Acts 1972, ch. 740, § 4(29); T.C.A. (orig. ed.), § 6-1809.

6-18-110. Termination of charter — New charter.

  1. If a majority of the votes cast in the election provided for in this charter shall favor the termination of such form of government, such charter shall terminate at one (1) minute past midnight (12:01 a.m.) on the sixtieth day following the date of such election unless it falls upon a Sunday, in which case it shall terminate at one (1) minute past midnight (12:01 a.m.) on the next day. If previous to the adoption of this form of charter such city or town functions under a different charter, then upon termination of this charter such prior charter shall become effective at the time mentioned in this subsection (a), and territory previously unincorporated shall revert to that status.
  2. If by law in the case of unincorporated territory another charter may be adopted by vote of the electors, the question as to whether or not such other form of charter shall be adopted may be placed upon the ballot to be used in the election mentioned in this section, if the petition filed requests the same, and if all other necessary legal steps to adopt such other form of charter have been taken prior to the election.

Acts 1951, ch. 92, § 1; T.C.A. (orig. ed.), § 6-1810.

6-18-111. Election of new officers after surrender of charter — Filing deadline — Qualifications to vote.

  1. In case there is a previously incorporated city or if a new charter is adopted as provided in § 6-18-110, the county election commission shall call an election not less than forty (40) days nor more than fifty (50) days following the election for surrender of the charters provided in § 6-18-108, at which time municipal officials for the newly adopted form of government shall be chosen who shall take office upon the date fixed for the termination of the previous charter.
  2. The qualifying deadline for filing nominating petitions shall be twelve o'clock (12:00) noon of the sixth Thursday before the election.
  3. All registered voters of the municipality may vote in the election.

Acts 1951, ch. 92, § 1; modified; Acts 1972, ch. 740, § 4(30); T.C.A. (orig. ed.), § 6-1811.

6-18-112. Succession to assets, liabilities and obligations after surrender of charter.

In case of a reversion to a former form of charter or adoption of a new one simultaneously with the surrender of the old, all assets, liabilities and obligations of such city shall become assets, liabilities and obligations of the new municipality, and in the event that a city shall revert to an unincorporated status, the governing body of such city thereupon shall become trustees of the property and funds of such former city and, under such bonds as may be required by the county legislative body, shall proceed to terminate the affairs of the city and dispose of its property.

Acts 1951, ch. 92, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 6-1812.

6-18-113. Liquidation of affairs.

Should the property and funds be more than sufficient to meet the city's obligations, the surplus shall be paid into the treasury of the county to become a part of its general fund. Should the property and funds be insufficient to meet all the city's current obligations, the county legislative body is hereby authorized to levy and collect taxes upon the property within the boundaries of the former city and to pay same over to the trustees for the purpose of meeting such current deficit. The trustees shall terminate the affairs of the city as soon as possible, but in no event shall the trusteeship continue for more than thirty-six (36) months. Any matters, including obligations maturing after thirty-six (36) months, not disposed of within the period designated in this section shall become the responsibility of the county legislative body of the county wherein the city was located.

Acts 1951, ch. 92, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 6-1813.

6-18-114. [Unconstitutional.]

Code Commission Notes.

This section (enacted pursuant to Acts 1997, ch. 98) was found unconstitutional by the Tennessee Supreme Court in Tennessee Municipal League v. Thompson, 958 S.W.2d 333 (Tenn. 1997) and has been deleted by the code commission.

6-18-115. Situs county of new municipality to continue receiving tax revenues until July 1 — Exception — Notice to department of revenue of incorporation.

  1. Notwithstanding any other law to the contrary, whenever a new municipality incorporates under any form of charter, the county or counties in which the new municipality is located shall continue to receive the revenue from all state and local taxes distributed on the basis of situs of collection, generated within the newly incorporated area, until July 1 following the incorporation, unless the incorporation takes effect on July 1.
  2. If the incorporation takes effect on July 1, then the municipality shall begin receiving revenue from such taxes generated within its corporate boundaries for the period beginning July 1.
  3. Whenever a municipality incorporates, the municipality shall notify the department of revenue of such incorporation prior to the incorporation becoming effective, for the purpose of tax administration.
  4. Such taxes shall include the local sales tax authorized in § 67-6-103, the income tax on dividends authorized in § 67-2-102, and all other such taxes distributed to counties and municipalities based on the situs of their collection.

Acts 1998, ch. 651, § 2.

Chapter 19
Powers Under City Manager-Commission Charter

6-19-101. General powers.

  1. Every city incorporated under chapters 18-22 of this title may:
    1. Assess, levy and collect taxes for all general and special purposes on all subjects or objects of taxation, and privileges taxable by law for municipal purposes;
    2. Adopt such classifications of the subjects and objects of taxation as may not be contrary to law;
    3. Make special assessments for local improvements;
    4. Contract and be contracted with;
    5. Incur debts by borrowing money or otherwise, and give any appropriate evidence thereof, in the manner provided in this section;
    6. Issue and give, sell, pledge, or in any manner dispose of, negotiable or nonnegotiable interest-bearing or noninterest-bearing bonds, warrants, promissory notes or orders of the city, upon the credit of the city or solely upon the credit of specific property owned by the city, or solely upon the credit of income derived from any property used in connection with any public utility owned or operated by the city, or solely upon the credit of the proceeds of special assessments for local improvements, or upon any two (2) or more such credits;
    7. Expend the money of the city for all lawful purposes;
    8. Acquire or receive and hold, maintain, improve, sell, lease, mortgage, pledge, or otherwise dispose of property, real or personal, and any estate or interest therein, within or without the city or state;
    9. Condemn property, real or personal or any easement, interest, or estate or use therein, either within or without the city, for present or future public use; such condemnation to be made and effected in accordance with the terms and provisions of title 29, chapter 16, or in such other manner as may be provided by general law;
    10. Take and hold property within or without the city or state upon trust; and administer trusts for the public benefit;
    11. Acquire, construct, own, operate and maintain, or sell, lease, mortgage, pledge, or otherwise dispose of public utilities or any estate or interest therein, or any other utility that is of service to the city, its inhabitants, or any part of the city;
    12. Grant to any person, firm, association, or corporation franchises for public utilities and public services to be furnished the city and those in the city. Such power to grant franchises shall embrace the power hereby expressly conferred, to grant exclusive franchises. When an exclusive franchise is granted, it shall be exclusive not only as against any other person, firm, association, or corporation, but also as against the city itself. Franchises may be granted for the period of twenty-five (25) years or less, but not longer, except as provided in § 65-4-107(b). The board of commissioners may prescribe in each grant of a franchise, the rates, fares, charges, and regulations that may be made by the grantee of the franchise. Franchises may by their terms apply to the territory within the corporate limits of the city at the date of the franchises, and as the corporate limits thereafter may be enlarged; and to the then existing streets, alleys, and other thoroughfares that may be opened after the grant of the franchise;
    13. Make contracts with any person, firm, association or corporation, for public utilities and public services to be furnished the city and those in the city. Such power to make contracts shall embrace the power, expressly conferred, to make exclusive contracts. When an exclusive contract is entered into, it shall be exclusive not only against any other person, firm, association or corporation, but also as against the city itself. Such contracts may be entered into for the period of twenty-five (25) years or less, but not longer. The board of commissioners may prescribe in each such contract entered into, the rates, fares, charges, and regulations that may be made by the person, firm, association, or corporation with whom the contract is made. Such contracts may by their terms apply to the territory within the corporate limits of the city at the date of the contract, and as the corporate limits thereafter may be enlarged; and to the then existing streets, alleys and thoroughfares and to any other streets, alleys and other thoroughfares that may be opened after the grant of the contract;
    14. Prescribe reasonable regulations regarding the construction, maintenance, equipment, operation and service of public utilities and compel, from time to time, reasonable extensions of facilities for such services, but nothing in this subdivision (14) shall be construed to permit the alteration or impairment of any of the terms or provisions of any exclusive franchise granted or of any exclusive contract entered into under subdivisions (12) and (13);
    15. Establish, open, relocate, vacate, alter, widen, extend, grade, improve, repair, construct, reconstruct, maintain, light, sprinkle, and clean public highways, streets, boulevards, parkways, sidewalks, alleys, parks, public grounds, and squares, wharves, bridges, viaducts, subways, tunnels, sewers and drains within or without the corporate limits and regulate the use thereof within the corporate limits, and property may be taken and appropriated therefor under §§ 7-31-107 — 7-31-111 and 29-16-203, or in such other manner as may be provided by general laws;
    16. Construct, improve, reconstruct and reimprove by opening, extending, widening, grading, curbing, guttering, paving, graveling, macadamizing, draining, or otherwise improving any streets, highways, avenues, alleys or other public places within the corporate limits, and assess a portion of the cost of such improvements upon the property abutting upon or adjacent to such streets, highways or alleys as provided by title 7, chapters 32 and 33;
    17. Assess against abutting property within the corporate limits the cost of planting shade trees, removing from sidewalks all accumulations of snow, ice, and earth, cutting and removing obnoxious weeds and rubbish, street lighting, street sweeping, street sprinkling, street flushing and street oiling, the cleaning and rendering sanitary or removal, abolishing, and prohibiting of closets and privies, in such manner as may be provided by general law or by ordinance of the board of commissioners;
    18. Acquire, purchase, provide for, construct, regulate, and maintain and do all things relating to all marketplaces, public buildings, bridges, sewers and other structures, works and improvements;
    19. Collect and dispose of drainage, sewage, ashes, garbage, refuse or other waste, or license and regulate such collection and disposal, and the cost of such collection, regulation or disposal may be funded by taxation or special assessment to the property owner;
    20. License and regulate all persons, firms, corporations, companies and associations engaged in any business, occupation, calling, profession, or trade not forbidden by law;
    21. Impose a license tax upon any animal, thing, business, vocation, pursuit, privilege, or calling not prohibited by law;
    22. Define, prohibit, abate, suppress, prevent and regulate all acts, practices, conduct, business, occupations, callings, trades, uses of property and all other things whatsoever detrimental, or liable to be detrimental, to the health, morals, comfort, safety, convenience, or welfare of the inhabitants of the city, and to exercise general police powers;
    23. Prescribe limits within which business occupations and practices liable to be nuisances or detrimental to the health, morals, security or general welfare of the people may lawfully be established, conducted or maintained;
    24. Inspect, test, measure and weigh any article for consumption or use within the city, and charge reasonable fees therefor, and to provide standards of weights, tests and measures in such manner as may be provided pursuant to title 47, chapter 26, part 9;
    25. Establish, regulate, license and inspect weights and measures in accordance with subdivision (24);
    26. Regulate the location, bulk, occupancy, area, lot, location, height, construction and materials of all buildings and structures in accordance with general law, and to inspect all buildings, lands and places as to their condition for health, cleanliness and safety, and when necessary, prevent the use thereof and require any alteration or changes necessary to make them healthful, clean or safe;
    27. Provide and maintain charitable, educational, recreative, curative, corrective, detentive, or penal institutions, departments, functions, facilities, instrumentalities, conveniences and services;
    28. Purchase or construct, maintain and establish a correctional facility for the confinement and detention of persons who violate laws within the corporate limits of the city, or to contract with the county to keep these persons in the correctional facility of the county and to enforce the payment of fines and costs in accordance with §§ 40-24-104 and 40-24-105 or through contempt proceedings in accordance with general law;
    29. Enforce any ordinance, rule or regulation by fines, forfeitures and penalties, and by other actions or proceedings in any court of competent jurisdiction;
    30. Establish schools, to the extent authorized pursuant to general law, determine the necessary boards, officers and teachers required therefor, and fix their compensation, purchase or otherwise acquire land for schoolhouses, playgrounds and other purposes connected with the schools; purchase or erect all necessary buildings and do all other acts necessary to establish, maintain and operate a complete educational system within the city;
    31. Regulate, tax, license or suppress the keeping or going at large of animals within the city, impound the same and, in default of redemption, to sell or kill the same;
    32. Call elections as provided in this charter; and
    33. Have and exercise all powers that now or hereafter it would be competent for this charter specifically to enumerate, as fully and completely as though such powers were specifically enumerated in this section.
    1. In addition to the general powers provided in subsection (a), any city incorporated under chapters 18-22 of this title may, upon the adoption of an ordinance by a two thirds (2/3) vote of the board of commissioners, impose a fee for the specific purpose of raising revenue to fund the construction and maintenance of a municipal fire station and fire department and for no other purpose.
    2. Any city establishing a fee under this subsection (b) shall provide in the ordinance a system for the collection and enforcement of fees authorized and imposed pursuant to this subsection (b).
    3. The amount of the fee shall initially be set by the city in the ordinance imposing the fee. The ordinance may provide for a means of increasing and decreasing the fee as determined by the board of commissioners. After the construction of the fire station for which the fee is initially imposed, the city shall reduce the fee to reflect only the cost of maintenance of the fire station or operation of the municipal fire department unless additional fire stations are needed.
    4. If a city imposing a fee under this subsection (b) is in a county that imposes a fire fee:
      1. The fees established under this subsection (b) shall not be set in excess of the rates imposed by the county at the time the city adopts the ordinance pursuant to subdivision (b)(1); and
      2. The county shall not collect the fire fee from residents after the date the city adopts the ordinance pursuant to subdivision (b)(1).

Acts 1921, ch. 173, art. 3, § 1; Shan. Supp., § 1997a131; Code 1932, § 3528; Acts 1972, ch. 740, § 4(31); 1977, ch. 344, § 1; T.C.A. (orig. ed.), § 6-1901; Acts 1989, ch. 175, § 3; 1995, ch. 13, §§ 8, 9; 2011, ch. 453, § 6; 2014, ch. 927, § 7; 2016, ch. 645, § 3; 2017, ch. 459, § 1.

Amendments. The 2016 amendment substituted “, but not longer, except as provided in § 65-4-107(b).” for “, but not longer” at the end of the fourth sentence of (12).

The 2017 amendment added (b).

Effective Dates. Acts 2016, ch. 645, § 4. March 23, 2016.

Acts 2017, ch. 459, § 2. May 25, 2017.

Textbooks. Tennessee Jurisprudence, 10 Tenn. Juris., Eminent Domain, § 8; 19 Tenn. Juris., Municipal Corporations, § 28.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

Attorney General Opinions. City development of residential real estate, OAG 98-042, 1998 Tenn. AG LEXIS 42 (2/17/98).

Constitutionality of municipal truck weight restrictions, OAG 98-0128, 1998 Tenn. AG LEXIS 128 (7/20/98).

Municipalities have the authority to enact child curfew laws, OAG 00-158, 2000 Tenn. AG LEXIS 161 (10/17/00).

Unless and until the legislature enacts legislation implementing a state lottery, which would include authorization for the sale of lottery tickets statewide, a local government may enact an ordinance prohibiting the sale of lottery tickets within its jurisdiction, OAG 03-004, 2003 Tenn. AG LEXIS 4 (1/17/03).

Cities and counties lack statutory authority to regulate mortgage transactions, OAG 03-016, 2003 Tenn. AG LEXIS 19 (2/11/03).

Adoption of ordinance requiring persons who lease residential real property within a municipality to obtain an annual license and pay a charge for each unit leased, OAG 06-103, 2006 Tenn. AG LEXIS 112 (6/21/06).

Local governments may regulate itinerant vendors and temporary sales activity that takes place along a state highway, OAG 08-188, 2008 Tenn. AG LEXIS 233 (12/16/08).

Regulation of distribution of ephedrine and pseudoephedrine by local governments.  OAG 13-99, 2013 Tenn. AG LEXIS 102 (12/6/13).

The city of Lakeland, a municipality organized under a city manager-commission charter, does not have the authority to impose mandatory fees upon its residents to fund fire protection services.  A general law of local application authorizing the city of Lakeland, but not other municipalities, to impose mandatory fees upon its residents for fire protection services would be constitutionally suspect.  OAG 17-06, 2017 Tenn.  AG LEXIS 6 (1/30/2017).

NOTES TO DECISIONS

1. Power of Municipality.

Subdivision (23) authorizing municipal corporations to prescribe practices that are nuisances or detrimental to health, morals, security or general welfare of the people authorized city to pass ordinance declaring smoke issuing from manufacturing plants a nuisance, even though general law did not specify smoke as a nuisance. Penn-Dixie Cement Corp. v. Kingsport, 189 Tenn. 450, 225 S.W.2d 270, 1949 Tenn. LEXIS 440 (1949).

City could not by contract and resolution and without ordinance authorize state to eliminate grade crossing on street subject to jurisdiction of city. Wilkey v. Cincinnati, N. O. & T. P. R. Co., 47 Tenn. App. 556, 340 S.W.2d 256, 1960 Tenn. App. LEXIS 90 (Tenn. Ct. App. 1960).

The broad statutory conference of power in subdivision (22) does nothing more than codify the general rules relating to the police powers inhering in Tennessee municipalities. H & L Messengers, Inc. v. Brentwood, 577 S.W.2d 444, 1979 Tenn. LEXIS 421, 12 A.L.R.4th 835 (Tenn. 1979).

The right to exercise the police power is an attribute of sovereignty, necessary to protect the public safety, health, morals, and welfare, and is of vast and undefined extent: in exercising this right, municipalities have wide discretion and broad powers. H & L Messengers, Inc. v. Brentwood, 577 S.W.2d 444, 1979 Tenn. LEXIS 421, 12 A.L.R.4th 835 (Tenn. 1979).

Trial court properly granted an industrial development corporation's motion to dismiss because nothing in the statutory scheme precluded it from procuring property outside the city's corporate limits to establish an industrial park as a joint venture between the city and the county; pursuant to the Industrial Park Act and the Industrial Development Corporations Act, the city and corporation could purchase or hold property, both within and without the city, for economic development projects. Burks v. Savannah Indus. Dev. Corp., — S.W.3d —, 2018 Tenn. App. LEXIS 621 (Tenn. Ct. App. Oct. 24, 2018).

2. Statute as Part of Charter.

Subdivisions (22) and (23) must be considered as a part of the charter of municipality. Penn-Dixie Cement Corp. v. Kingsport, 189 Tenn. 450, 225 S.W.2d 270, 1949 Tenn. LEXIS 440 (1949).

3. Constitutionality of Ordinances.

Ordinance that prohibited depositing or throwing commercial or noncommercial handbills upon any street, sidewalk or other public place, or upon any vacant or unoccupied premises, or distributing them to any private premises unless delivered to the owner, occupant or some other person; and that prohibited distributing commercial handbills in any public place; but that allowed delivery of mail, newspapers and political or religious material to any private premises, subject to the qualification that if the property were vacant or unoccupied, the material had to be placed in such a manner as to prevent litter, violated U.S. Const., amend. 1, and Tenn. Const., art. I, § 19. H & L Messengers, Inc. v. Brentwood, 577 S.W.2d 444, 1979 Tenn. LEXIS 421, 12 A.L.R.4th 835 (Tenn. 1979).

Collateral References.

Constitutional provision that legislature may invest power to levy taxes for corporate purposes in the local authorities, scope and effect of. 46 A.L.R. 609, 106 A.L.R. 906.

6-19-102. Enumeration of powers not exclusive.

The enumeration of particular powers in this charter is not exclusive of others, nor restrictive of general words or phrases granting powers, nor shall a grant or failure to grant power in this chapter impair a power granted in any other part of this charter, and whether powers, objects, or purposes are expressed, conjunctively or disjunctively, they shall be construed so as to permit the city to exercise freely any one (1) or more such powers as to any one (1) or more such objects for any one (1) or more such purposes.

Acts 1921, ch. 173, art. 3, § 2; Shan. Supp., § 1997a132; Code 1932, § 3529; T.C.A. (orig. ed.), § 6-1902.

Attorney General Opinions. City development of residential real estate, OAG 98-042, 1998 Tenn. AG LEXIS 42 (2/17/98).

6-19-103. School systems.

Such town may establish, erect, and maintain public schools, and may assess and levy taxes for such purpose.

Acts 1921, ch. 175, § 1; Shan. Supp., § 2023a53b1; Code 1932, § 3647; T.C.A. (orig. ed.), § 6-1903.

Cross-References. Operation of schools under city manager-commission charters, title 6, ch. 21, part 8.

6-19-104. Purchasing and contract procedures.

  1. The city manager shall be responsible for all city purchasing, but the city manager may delegate the duty to make purchases to any subordinate appointed by the city manager.
  2. Competitive prices for all purchases and public improvements shall be obtained whenever practicable and in accordance with regulations established by ordinance, and the purchase made from or the contract awarded to the lowest and best bidder; provided, that the city may reject any and all bids.
  3. Formal sealed bids shall be obtained in all transactions involving the expenditure of an amount to be set by ordinance. The amount set shall be equal to or greater than the amount set in chapter 56, part 3 of this title, but may not be greater than ten thousand dollars ($10,000). The transaction shall be evidenced by written contract. In cases where the board indicates by unanimous resolution of those present at the meeting, based upon the written recommendation of the manager, that it is clearly to the advantage of the city not to contract with competitive bidding, it may authorize noncompetitive contracts.
  4. The city manager may reject all bids and authorize the making of public improvements or accomplishment of any other city work by any city department.
  5. Purchasing and contract procedures not prescribed by this charter or other law may be established by ordinance.
  6. The board of commissioners may by ordinance delegate to the city manager the authority to enter into binding contracts on behalf of the city, without specific board approval, in routine matters and matters having insubstantial long-term consequences. The ordinance shall enumerate the types of matters to which the city manager's authority extends and may place other limitations on the city manager's authority under this subsection (f). As used in this subsection (f), “routine matters and matters having insubstantial long-term consequences” means any contract for which expenditures during the fiscal year will be less than ten thousand dollars ($10,000).

Acts 1921, ch. 173, art. 21, § 1; Shan. Supp., § 1997a243; Code 1932, § 3641; T.C.A. (orig. ed.), § 6-1905; Acts 1989, ch. 175, § 4; 1999, ch. 270, § 1.

Cross-References. Powers of city manager to execute contracts, § 6-21-108.

6-19-105. Retirement benefits.

The board of commissioners may provide for the retirement of the city's full-time nonelective officers and employees and make available to them any group, life, hospital, health, or accident insurance, either independently of, or as a supplement to, any retirement or other employee welfare benefits otherwise provided by law.

Acts 1975, ch. 179, § 1; T.C.A., § 6-1906.

Chapter 20
Commissioners and Mayor Under City Manager-Commission Charter

Part 1
Election of Commissioners

6-20-101. Number and terms of commissioners — Election by districts.

  1. In all cities that adopt chapters 18-22 of this title, commissioners as provided for in this charter shall be elected in the manner prescribed in this chapter.
  2. If such city or territory has a population of five thousand (5,000) or more according to the last federal census, there shall be elected at the first election five (5) commissioners, the three (3) receiving the highest number of votes to hold office for four (4) years, and the other two (2) for two (2) years. If such city or territory has a population of less than five thousand (5,000) according to the last federal census, there shall be elected at the first election three (3) commissioners, the two (2) receiving the highest number of votes to hold office for four (4) years and the third for two (2) years. The term of all commissioners thereafter elected shall be for four (4) years, or until their successors are elected and qualified. Any such city that has a population of not less than two thousand nine hundred twenty (2,920) nor more than two thousand nine hundred twenty-two (2,922), according to the federal census of 1960 or any subsequent federal census, five (5) commissioners shall be elected as provided for cities of more than five thousand (5,000) population. The deadline for filing nominating petitions for the first commissioners is thirty-five (35) days before the incorporation election.
  3. Any city having a population of less than five thousand (5,000) shall have the option of increasing the number of commissioners to five (5) by ordinance. In the next regular city election after the adoption of such an ordinance, voters shall be entitled to vote for three (3) commissioners, or four (4) commissioners, as the case may be, and at the same election the approval of the ordinance shall also be submitted to the voters. If a majority of those voting on the ordinance shall be for approval and the number of commissioners to be elected is three (3), the two (2) receiving the highest number of votes shall hold office for four (4) years, and the third for two (2) years. If the number of commissioners to be elected is four (4), the two (2) receiving the highest number of votes shall hold office for four (4) years, and the other two (2) for two (2) years. The terms of all commissioners thereafter elected shall be for four (4) years, or until their successors are elected and qualified. If a majority of those voting on the ordinance shall not be for approval, the ordinance shall be null and void, and the results of the election shall be certified as though the election were for one (1) commissioner, or two (2) commissioners, as the case may be, and as though no ordinance had been adopted. Any city that has previously adopted an ordinance approved by the voters pursuant to this subsection (c) increasing the number of commissioners from three (3) to five (5), may, after six (6) years, adopt an ordinance to decrease the number of commissioners from five (5) to three (3) following the same procedure. If a majority of those persons voting on the ordinance shall be for approval, then the number of commissioners shall be reduced to three (3). Any such ordinance providing for a decrease in the number of commissioners shall not operate to abbreviate the term of office of any elected commissioner.
  4. An ordinance increasing the number of commissioners to five (5) may also be submitted to the voters in an election on the question that the board of commissioners directs the county election commission to hold. At such election, voters shall be entitled to vote for two (2) commissioners to serve until the next regular city election. If a majority of those voting on the ordinance shall be for approval, the two (2) candidates for commissioner receiving the highest number of votes shall be declared elected. At the next regular city election if the number of commissioners to be elected is four (4), the three (3) receiving the highest number of votes shall hold office for four (4) years, and the fourth for two (2) years; if the number of commissioners to be elected is three (3), they shall hold office for four (4) years. The terms of all commissioners thereafter elected shall be for four (4) years, or until their successors are elected and qualified. If a majority of those voting on the ordinance in the special election shall not be for approval, the ordinance and the election of the two (2) commissioners shall be null and void.
  5. Notwithstanding subsections (a)-(d), a city with a population of not less than six hundred (600) nor more than six hundred twenty-five (625) persons, according to the 1980 federal census or any subsequent federal census, located in a county with a population in excess of seven hundred thousand (700,000) persons, also according to the 1980 federal census or any subsequent federal census, shall elect all commissioners at one  time for a four-year term so that the city may be spared the expense of conducting elections every two (2) years. In order to effectuate this provision, all commissioners to be elected at the 1983 election shall be elected to a two-year term only, to serve until the 1985 election at which time, and every four (4) years thereafter, all commissioners shall be elected to four-year terms. Subsection (e) shall have no effect unless approved by a two-thirds (2/3) vote of the governing body of any municipality to which it may apply.
  6. Cities that have adopted § 6-20-201(a)(3) to provide for popular election of the mayor shall have two (2) or four (4) commissioners as the case may be under subsection (b) or (c).
  7. Notwithstanding subsections (a)-(f), any city incorporated under or adopting this charter may, by ordinance, choose to elect the members of the board of commissioners by district. If the board chooses to elect commissioners by district, the board shall by ordinance create contiguous single-member districts equal to the number of commissioners. The districts shall be equitably apportioned according to population. The establishment of the districts and the fixing of their boundaries shall be accomplished not less than twelve (12) months prior to the regular city election at which commissioners are to be elected, and any change in district boundaries shall also be accomplished within this time limitation. The board shall, within ten (10) years from the initial establishment of districts and at least once in every ten (10) years thereafter, reapportion the districts so that the apportionment shall comply with the requirements of this section. One (1) commissioner shall be elected from each district of the city. The ordinance providing that the commissioners will be chosen by districts may provide that each district commissioner will be elected by the voters of the city at-large or by only the voters of the district. A person must reside in a district to run for or hold the office of commissioner from that district. The ordinance providing that commissioners will be chosen by district may also provide for transition provisions, including increasing the terms of the number of commissioners necessary so that the initial election from all districts shall take place at the same time. The ordinance may provide that all commissioners initially elected serve four-year terms or that some serve four (4) years and some serve two (2) years. If some are elected for two (2) years, their successors shall be elected for four (4) years, so that the commissioners have staggered terms. After the initial election, all commissioners shall be elected for four-year terms.
  8. Any city having a population of more than twenty thousand (20,000), according to the last federal census, shall have the option of increasing the number of commissioners to seven (7) by ordinance. Upon adoption of such an ordinance, it shall be filed with the county election commission, which shall submit approval of the ordinance to the voters of the city at the next general election or regular city election that follows the filing period required pursuant to § 2-3-204(b). If a majority of those voting on the ordinance are not for approval, the ordinance shall be null and void. If a majority of those voting on the ordinance are for approval, then at the next regular city election, voters shall be entitled to vote for four (4) commissioners, or five (5) commissioners, as the case may be, in order to provide for a total of seven (7) commissioners. If the number of commissioners to be elected is four (4), each shall hold office for four (4) years. If the number of commissioners to be elected is five (5), the three (3) receiving the highest number of votes shall hold office for four (4) years, and the other two (2) for two (2) years. The terms of all commissioners thereafter elected shall be for four (4) years, or until their successors are elected and qualified. An ordinance approved by the voters pursuant to this section may not be repealed or amended.
    1. In elections of commissioners in a city having a population of not less than five thousand seven hundred sixty (5,760) nor more than five thousand eight hundred eighty (5,880) which is located inside a county having a population of not less than eighty-nine thousand eight hundred (89,800) nor more than eighty-nine thousand nine hundred (89,900), according to the 2010 federal census or any subsequent federal census, commission positions shall be designated as Seat A, Seat B, Seat C, Seat D, or Seat E. Any candidate for the commission shall designate, upon qualifying for election, the particular designated seat that the candidate seeks. In each regular city election, all voters in the city may vote for one (1) candidate for each designated seat that is open by reason of the expiration of a commissioner's term.
    2. Subdivision (i)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of any municipality to which it may apply.
  9. In any city having a population of not less than seven thousand five hundred fifty (7,550) nor more than seven thousand eight hundred (7,800) that is located inside a county having a population of not less than one hundred eighty-three thousand one hundred (183,100) nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census, the board of commissioners shall be elected as follows:
    1. In the 2020 election, the two (2) candidates receiving the highest number of votes are elected to four-year terms, and the candidate receiving the third highest number of votes is elected to a two-year term;
    2. In the 2022 election, the two (2) candidates receiving the highest number of votes are elected to four-year terms, and the candidate for mayor receiving the highest number of votes is elected to a four-year term; and
    3. In subsequent elections, all members of the board of commissioners shall be elected to four-year terms.

Acts 1921, ch. 173, art. 2, § 1; Shan. Supp., § 1997a125; Code 1932, § 3522; Acts 1963, ch. 114, § 1; 1967, ch. 79, § 1; 1968, ch. 438, § 1; 1972, ch. 740, § 4(32); T.C.A. (orig. ed.), § 6-2001; Acts 1983, ch. 14, § 1; 1989, ch. 61, § 2; 1989, ch. 175, § 5; 2006, ch. 540, § 1; 2015, ch. 394, §§ 1, 2; 2016, ch. 696, § 1; 2018, ch. 908, § 1.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Amendments. The 2015 amendment in (c), deleted the former fifth sentence which read “An ordinance approved by the voters may not be repealed or amended.” and added the current sixth and seventh sentences.

The 2016 amendment added (i).

The 2018 amendment added (j).

Effective Dates. Acts 2015, ch. 394, § 3. July 1, 2015.

Acts 2016, ch. 696, § 2. March 24, 2016.

Acts 2018, ch. 908, § 3. May 3, 2018.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

6-20-102. Date of elections.

  1. The first election of commissioners in any city under chapters 18-22 of this title shall be held on the fourth Tuesday following the election at which these chapters have been adopted. The board of commissioners shall fix the date of all subsequent elections; provided, that any date so designated shall fall within ninety (90) days of the annual anniversary of the first election of the board of commissioners.
  2. In any city having a population of not less than three hundred seventy-five (375) nor more than four hundred twenty-five (425), in any county having a population of not less than twenty-eight thousand (28,000) nor more than twenty-eight thousand one hundred (28,100), all according to the 1970 federal census or any subsequent federal census, the board of commissioners shall fix the date of all subsequent elections; provided, that any date so designated shall be set at least one hundred twenty (120) days prior to the date such election is to be held. The presiding officer of the board of commissioners shall certify such election date, or any subsequent change thereto, to the secretary of state.
    1. The board of commissioners may by ordinance change the date of municipal elections to coincide with the August or November general election. The ordinance changing the election date shall provide for the extension of the terms of members of the board necessary to meet the election date, but no term may be extended for more than two (2) years beyond its regular expiration date.
    2. Nothing in subdivision (c)(1) shall be construed to remove any incumbent from office or abridge the term of any incumbent prior to the end of the term for which an elected official was selected.
    3. If the board of commissioners changes the date of municipal elections pursuant to subdivision (c)(1), the board may at a later date change the election date back to what such date was prior to moving the election date to coincide with the August or November general election. The board may only make an election date change under this subdivision (c)(3) one (1) time. Terms of incumbent members of the board shall not be abridged to accomplish an election date change under this subsection (c); however, members elected at a date change pursuant to this subsection (c) may take office at a later date so as to not abridge terms of incumbent members. If such members take office at a later date, their term may be abridged due to such members having to take office at the later date.
    1. In addition to the authority granted by subsections (a), (b) and (c), the board of commissioners of any municipality incorporated under the general laws of this state and having a population of not less than four hundred fifty (450) nor more than four hundred sixty (460), or not less than four hundred eight-five (485) nor more than four hundred ninety-four (494), that is located in any county having a population of not less than fifty-one thousand two hundred (51,200) nor more than fifty-one thousand three hundred (51,300), all according to the 2000 federal census or any subsequent federal census, may, by an ordinance approved by an affirmative two-thirds (2/3) vote of its membership, fix the date of subsequent regular municipal elections as the date of the regular November election as defined in § 2-1-104, by one (1) of the following alternative methods specified in the ordinance:
      1. The terms of office of the incumbent members of the board of commissioners and popularly-elected mayor, if there is one, that would have expired on the date of the first regular municipal election occurring after the adoption of the ordinance shall be extended to the date of the regular state November election occurring thereafter. The terms of office of the incumbent members of the board of commissioners and popularly-elected mayor, if there is one, that would have expired on the date of the second regular municipal election occurring after the adoption of the ordinance shall be extended to the date of the regular state November election occurring thereafter; or
      2. The terms of incumbent members of the board of commissioners, and the popularly-elected mayor, if there is one, that expire six (6) months or less before a regular state November election, shall be extended to the date of that state election. The terms of members of the board of commissioners and the popularly-elected mayor, if there is one, that expire more than six (6) months before a regular state November election shall be filled at the regular city election pertinent to those offices for terms extending to the next regular state November election.
    2. Members of the board of commissioners, and the popularly-elected mayor, if there is one, shall be elected for terms of four (4) years, except for the transitional term provided for in subdivision (d)(1)(B).
    3. Nothing in this subsection (d) shall be construed to remove any incumbent from office or abridge the term of any incumbent prior to the end of the term for which an elected official was selected.

Acts 1921, ch. 173, art. 2, § 4; Shan. Supp., § 1977a128; Code 1932, § 3525; Acts 1971, ch. 273, § 1; T.C.A. (orig. ed.), § 6-2002; Acts 1982, ch. 898, § 1; 1985, ch. 79, § 1; 2007, ch. 44, § 1; 2010, ch. 1008, § 2.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Attorney General Opinions. Constitutionality of municipal charter amendment that extends term of elected officials, OAG 00-017, 2000 Tenn. AG LEXIS 17 (2/8/00).

6-20-103. Persons eligible as commissioners.

A qualified voter of the city, other than a person qualified to vote based only on nonresident ownership of real property under § 6-20-106(b), shall be eligible for election to the office of commissioner.

Acts 1921, ch. 173, art. 4, § 2; Shan. Supp., § 1997a134; Code 1932, § 3531; T.C.A. (orig. ed.), § 6-2003; Acts 2001, ch. 1, § 1.

6-20-104. Disqualification from office.

No person shall become commissioner who has been convicted of malfeasance in office, bribery, or other corrupt practice, or crime, or of violating any of the provisions of § 6-20-108 in reference to elections. Any commissioner so convicted shall forfeit such commissioner's office.

Acts 1921, ch. 173, art. 4, § 3; Shan. Supp., § 1997a135; Code 1932, § 3532; T.C.A. (orig. ed.), § 6-2004.

Cross-References. Bribery, title 39, ch. 16, part 1.

Misconduct of public officials and employees, title 39, ch. 16, part 4.

Prohibited election practices, title 2, ch. 19.

NOTES TO DECISIONS

1. Restoration to Citizenship.

Duly elected commissioner could require other commissioners to meet and transact town business with him even though he had been convicted of forgery 20 years before election since he had been restored to his rights of citizenship. Bryant v. Moore, 198 Tenn. 335, 279 S.W.2d 517, 1955 Tenn. LEXIS 376 (1955), superseded by statute as stated in, State v. Baltimore, — S.W.3d —, 2014 Tenn. Crim. App. LEXIS 451 (Tenn. Crim. App. May 13, 2014).

6-20-105. Calling elections.

The board of commissioners has the power by ordinance to direct the calling by the county election commission of municipal elections, including all elections respecting bond issues.

Acts 1921, ch. 173, art. 2, § 2; Shan. Supp., § 1997a126; Code 1932, § 3523; Acts 1970, ch. 403, § 1; 1972, ch. 740, § 4(33); T.C.A. (orig. ed.), § 6-2005.

6-20-106. Qualifications of voters.

  1. In any election of commissioners under this charter, registered voters of the city or territory may vote.
  2. In cities having populations of not less than one thousand three hundred fifty (1,350) nor more than one thousand three hundred seventy-five (1,375), according to the 1970 federal census or any subsequent federal census, registered voters who own real property located in any such city shall be entitled to vote in all municipal elections and municipal referenda held in such city. In cases of multiple ownership of real property, no more than two (2) owners who are registered voters shall be eligible to vote under this subsection (b). This subsection (b) shall have no effect unless it is approved by a two-thirds (2/3) vote of the board of commissioners of any city to which it applies. Its approval or nonapproval shall be proclaimed by the presiding officer of such board and certified by such presiding officer to the secretary of state.
  3. In cities having a population of not less than four thousand five hundred fifty (4,550) nor more than four thousand six hundred eight (4,608), according to the 1980 federal census or any subsequent federal census, all registered voters who own real property located in any such city shall also be entitled to vote in all municipal elections and municipal referenda held in such city.
  4. In any city having a population of not less than one thousand nine hundred forty (1,940) nor more than two thousand (2,000), according to the 1980 federal census or any subsequent federal census, a registered voter who resides outside the boundaries of the city, but who owns at least eight thousand square feet (8,000 sq. ft.) of real property located within the boundaries of the city, shall be entitled to vote in all municipal elections and municipal referenda held in the city. In any case of multiple ownership of such real property, the nonresident voter must own at least one-half (½) interest of such property. This subsection (d) shall have no effect unless it is approved by a two-thirds (2/3) vote of the board of commissioners of any city to which it applies. Its approval or nonapproval shall be proclaimed by the presiding officer of such board and certified by such presiding officer to the secretary of state.
  5. In municipalities having a population of not less than one thousand ten (1,010) and not more than one thousand fifteen (1,015), according to the 1990 federal census or any subsequent federal census, all registered voters who own real property located in any such municipality shall also be entitled to vote in all municipal elections and municipal referenda held in such city. In cases of multiple ownership of real property, no more than two (2) owners who are registered voters are eligible to vote under this subsection (e). This subsection (e) shall have no effect unless it is approved by a two-thirds (2/3) vote of the board of commissioners of any city to which it applies. Its approval or nonapproval shall be proclaimed by the presiding officer of such municipality and certified by the presiding officer to the secretary of state.
    1. In any city incorporated under chapters 18-22 of this title having a population of not less than four hundred sixty (460) nor more than four hundred sixty-nine (469), according to the 2010 federal census or any subsequent federal census, registered voters who own real property located in any such city shall be entitled to vote in all municipal elections and municipal referenda held in such city; provided, that in cases of multiple ownership of real property, no more than two (2) owners who are registered voters shall be eligible to vote.
    2. Subdivision (f)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the board of commissioners of any city to which it applies. Its approval or nonapproval shall be proclaimed by the presiding officer of the board and certified by the presiding officer to the secretary of state.

Acts 1921, ch. 173, art. 2, § 2; Shan. Supp., § 1997a126; Code 1932, § 3523; Acts 1970, ch. 403, § 1; 1971, ch. 261, § 1; 1972, ch. 740, § 4(34); 1976, ch. 846, §§ 1, 2; Private Acts 1978, ch. 263, §§ 1, 2; T.C.A. (orig. ed.), § 6-2006; Acts 1989, ch. 30, § 1; 1991, ch. 461, § 1; 1996, ch. 820, § 1; 2015, ch. 252, § 1.

Compiler's Notes. For table of populations of Tennessee municipalities see Volume 13 and its supplement.

Amendments. The 2015 amendment added (f).

Effective Dates. Acts 2015, ch. 252, § 2. April 24, 2015.

Cross-References. Qualifications for right to vote, Tenn. Const., art. IV, § 1.

6-20-107. Declaration of results.

The county election commission shall determine and declare the results of the election. The requisite number of candidates receiving the highest number of votes shall be declared elected.

Acts 1921, ch. 173, art. 2, § 3; Shan. Supp., § 1997a127; Code 1932, § 3524; Acts 1972, ch. 740, § 4(35); T.C.A. (orig. ed.), § 6-2007.

6-20-108. Improper solicitation of political support.

No candidate for any office nor any other person shall, directly or indirectly, give or promise any person or persons any office, employment, money, benefit, or anything of value for the purpose of influencing or obtaining political support, aid, or vote for any candidate. Any person violating this section shall be punished by fine of not more than fifty dollars ($50.00) for each offense.

Acts 1921, ch. 173, art. 22, § 4; Shan. Supp., § 1997a247; Code 1932, § 3645; T.C.A. (orig. ed.), § 6-2009.

6-20-109. Beginning of terms of office.

  1. The terms of all commissioners shall begin at the beginning of the first regularly scheduled meeting of the board of commissioners following the date of their election.
  2. In any city having a population of not less than seven thousand five hundred fifty (7,550) nor more than seven thousand eight hundred (7,800) that is located inside a county having a population of not less than one hundred eighty-three thousand one hundred (183,100) nor more than one hundred eighty-three thousand two hundred (183,200), according to the 2010 federal census or any subsequent federal census, the terms of all members of the board of commissioners begin at the beginning of the first regularly scheduled meeting of the board of commissioners in the month of January immediately following the date of the members' elections. The terms of the members of the board of commissioners in office on May 3, 2018, are extended until the first regularly scheduled meeting of the board of commissioners in the month of January following the election for which their seat is contested, but no term may be extended beyond four (4) years and two (2) months.

Acts 1921, ch. 173, art. 2, § 6; Shan. Supp., § 1997a130; Code 1932, § 3527; T.C.A. (orig. ed.), § 6-2010; Acts 1990, ch. 632, § 1; 2018, ch. 908, § 2.

Amendments. The 2018 amendment added (b).

Effective Dates. Acts 2018, ch. 908, § 3. May 3, 2018.

6-20-110. Vacancies.

  1. Any vacancy on the board occurring prior to a regular city election shall be filled by the remaining members of the board until that election. At the election, the remaining unexpired term shall be filled. No member shall be appointed under this section at any time when the board already has one (1) member so appointed. In the case of any additional vacancy, the board shall by ordinance or resolution, call upon the county election commission to call a special election for the purpose of filling such additional vacancy. If a city has chosen to elect commissioners from districts, any vacancy in a district commissioner's office shall be filled by the appointment or election of a qualified person who resides in the district.
  2. If, within ninety (90) days of the occurrence of a vacancy, the vacancy has not been filled by the remaining members of the commission in accordance with subsection (a), then the mayor, or, if a vacancy exists in the position of mayor, then the city manager, or, if a vacancy exists in the positions of mayor and city manager, then the city recorder, shall notify the county election commission within five (5) business days following the passage of such ninety-day period. The county election commission shall call a special election for the purpose of filling the vacancy; provided, however, that such special election shall be held in conjunction with the next general election or city election, if such election is scheduled to occur more than seventy-five (75) days but less than one hundred twenty (120) days from the date the county election commission is notified of the unfilled vacancy.

Acts 1921, ch. 173, art. 4, § 8; Shan. Supp., § 1997a142; Code 1932, § 3539; Acts 1972, ch. 740, § 4(36); 1973, ch. 222, § 1; T.C.A. (orig. ed.), § 6-2011; Acts 1989, ch. 175, § 6; 2005, ch. 255, § 1.

6-20-111. Term limits for mayor and board of commissioners.

  1. Subject to the further provisions of this section, the board of commissioners of any municipality incorporated under this charter that is located within a county that has adopted a charter form of government is authorized, upon its own initiative and upon the adoption of an ordinance by a two-thirds (2/3) vote at two (2) separate meetings, to establish term limits for the mayor and the board of commissioners of such municipality in such manner as shall be designated by the ordinance. The operation of the ordinance shall be subject to approval of the voters as required in subsection (b).
    1. Any ordinance to establish term limits for the mayor and board of commissioners of any municipality to which subsection (a) applies shall not become operative until approved in an election herein provided in the municipality. Upon the adoption of the ordinance, the mayor shall notify the county election commission to hold an election as provided in this subsection (b).
    2. After the receipt of a certified copy of such ordinance, the county election commission shall hold an election on the question pursuant to § 2-3-204, providing options to vote “FOR” or “AGAINST” the ordinance, and a majority vote of those voting in the election shall determine whether the ordinance is to be operative.
    3. If the majority vote is for the ordinance, it shall be deemed to be operative on the date that the county election commission makes its official canvass of the election returns; provided, however, that no term limits shall apply until the election of the mayor and board of commissioners held after the ordinance is operative.
    4. If the majority vote is against the ordinance, no further elections on the question of term limits shall be held until at least four (4) years have expired from the previous election and only after the board of commissioners adopts a new ordinance for such purposes in accordance with subsection (a).
  2. Any referendum required by this section may only be submitted to the voters at a regular August election, regular November election, or regularly scheduled municipal election.

Acts 2015, ch. 243, § 1.

Effective Dates. Acts 2015, ch. 243, § 2. April 24, 2015.

Part 2
Powers and Duties of Board

6-20-201. Election of mayor — Absence or disability of mayor.

    1. The commissioners, at the first regular meeting after each biennial election, shall elect one (1) of their number mayor for a term of two (2) years, and, thus organized, the body shall be known as the board of commissioners.
    2. In cities holding elections every four (4) years under the terms of § 6-20-101(e), the commissioners, at the first regular meeting after the quadrennial election and every two (2) years subsequent thereto, shall elect one (1) of their number mayor for a term of two (2) years, and the body so organized shall be known as the board of commissioners. This subdivision (a)(2) shall have no effect unless approved by a two-thirds (2/3) vote of the governing body of any municipality to which it may apply.
      1. Cities holding elections every four (4) years under the terms of § 6-20-101 and having a population of not less than one thousand twenty (1,020) nor more than one thousand thirty (1,030), according to a 1987 state certified census or any subsequent federal census, shall have the option of a popular election of a mayor, to serve four (4) consecutive years, as the board of commissioners directs the county election commission to hold under § 6-20-102. Voters shall be entitled to vote for a mayor and two (2) or four (4) commissioners dependent upon those provisions of § 6-20-101 in effect for that city.
      2. Subdivision (a)(3)(A) shall have no effect unless approved by a two-thirds (2/3) vote of the governing body of any municipality to which it may apply.
      1. Rather than being elected by the board of commissioners, the mayor may be elected by popular vote if this method of electing the mayor is approved in a referendum in the city. In the referendum, the question on the ballot shall appear in substantially this form:

        Shall the mayor of this city be elected by popular vote rather than by the board of commissioners?

      2. The referendum may be called by resolution of the board of commissioners or by petition of ten percent (10%) of the registered voters of the city. The referendum shall be held by the county election commission as provided in the general election law for elections on questions, or the resolution or petition may provide that the referendum be held at the next regular city election.
    1. Once the popular election of the mayor has been approved by a majority of those voting, the board of commissioners shall designate by ordinance one (1) of the commissioner positions as that of mayor. The popular election of the mayor shall take effect at the next election for the position designated. In the mayoral election, the person receiving the most votes shall become the mayor. The term of the popularly elected mayor shall be four (4) years.
    2. In a city that has chosen to elect commissioners from districts and that also has chosen to elect the mayor by popular vote, the board of commissioners shall establish one (1) less district than the number of commissioners, and the mayor shall be elected at-large for a four-year term.
    3. The popularly elected mayor shall have the same powers and duties as a mayor chosen by the board of commissioners.
  1. During the absence or disability of the mayor, the board shall designate some properly qualified person to perform the mayor's duties.

Acts 1921, ch. 173, art. 4, § 1; art. 7, § 1; Shan. Supp., §§ 1997a133, 1997a157; Code 1932, §§ 3530, 3554; modified; T.C.A. (orig. ed.), § 6-2012; Acts 1983, ch. 14, § 2; 1989, ch. 61, § 1; 1989, ch. 175, § 7.

Compiler's Notes. Acts 1989, ch. 61, § 3, provided that for the purpose of approving or rejecting the provisions of subdivision (a)(3), that act took effect April 3, 1989; and for all other purposes shall take effect upon being approved as provided in subdivision (a)(3).

Cross-References. Appointment of vice mayor, § 6-20-202.

Duties of vice mayor, § 6-20-203.

Mayor, minimum compensation in municipalities of over 170,000 population, § 7-51-301.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

6-20-202. Appointment of vice mayor.

At the first meeting of the board, and thereafter at the first meeting after a general city election, the board shall choose from its membership a member to act in the absence, inability, or failure to act of the mayor.

Acts 1921, ch. 173, art. 4, § 9; Shan. Supp., § 1997a143; Code 1932, § 3540; T.C.A. (orig. ed.), § 6-2013.

Cross-References. Absence or disability of mayor, § 6-20-201.

6-20-203. Duties of vice mayor.

The vice mayor shall act as mayor during any temporary absence, inability, or failure to act of the mayor, and whenever a vacancy occurs in the office of mayor, such member shall become mayor and hold office as such for the unexpired term.

Acts 1921, ch. 173, art. 4, § 9; Shan. Supp., § 1997a144; Code 1932, § 3541; T.C.A. (orig. ed.), § 6-2014.

Cross-References. Absence or disability of mayor, § 6-20-201.

6-20-204. Compensation of mayor and commissioners.

  1. The salary of the mayor shall not exceed three hundred dollars ($300) per month, and the salary of each commissioner shall not exceed two hundred fifty dollars ($250) per month; except that in cities that have a population of not less than one thousand (1,000), according to the federal census of 1970 or any subsequent federal census, the salary of the mayor shall not exceed five hundred dollars ($500) per month, and the salary of each commissioner shall not exceed four hundred fifty dollars ($450) per month. No increase in the salaries permitted by this section shall become effective unless approved by a two-thirds (2/3) vote of the board of commissioners.
    1. The salary of the mayor and commissioners shall be set by the board of commissioners. In cities with a population of less than one thousand (1,000), however, the salary of the mayor shall not exceed five hundred dollars ($500) per month, and the salary of each commissioner shall not exceed four hundred fifty dollars ($450) per month. In cities with a population of one thousand (1,000) or more, the salary of the mayor shall not exceed one thousand dollars ($1,000) per month, and the salary of each commissioner shall not exceed nine hundred fifty dollars ($950) per month. No increase in salaries of the mayor and commissioners shall be effective unless approved by a two-thirds (2/3) vote of the members to which the board of commissioners is entitled. Populations referred to in this section shall be as determined by the latest federal decennial census.
    2. This subsection (b) shall only apply in counties having a population of not less than four hundred seventy thousand (470,000) nor more than four hundred eighty thousand (480,000), according to the 1980 federal census or any subsequent federal census.
    1. Notwithstanding the limits established in subsections (a) and (b), the salaries of the mayor and commissioners may be established annually by the board of commissioners at the time of adoption of the annual operating budget; provided, however, that such salaries shall not be increased or diminished prior to the end of the term for which such officials were elected.
    2. This subsection (c) shall become effective upon approval by a two-thirds (2/3) vote of the board of commissioners.

Acts 1921, ch. 173, art. 4, § 4; Shan. Supp., § 1997a136; mod. Code 1932, § 3533; Acts 1968, ch. 541, § 1; 1977, ch. 238, § 1; T.C.A. (orig. ed.), § 6-2015; Acts 1989, ch. 579, §§ 1, 2; 2001, ch. 141, § 1.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Councilmen, minimum salaries in municipalities of over 170,000 population, § 7-51-302.

Chief elected executive, minimum compensation in municipalities of over 170,000 population, § 7-51-301.

Attorney General Opinions. No criminal offense is committed under this section when the board of commissioners increases the salaries of commissioners prior to the end of the term for which the commissioners were elected, but a violation of the terms of subsection (c)(1), if made effective by a two-thirds vote of the board of commissioners, may constitute an offense under T.C.A. § 39-16-402(a)(4), (5), OAG 03-138, 2003 Tenn. AG LEXIS 154 (10/15/03).

6-20-205. Powers of board.

  1. The legislative and all other powers, except as otherwise provided by this charter, are delegated to and vested in the board of commissioners. The board may by ordinance or resolution not inconsistent with this charter prescribe the manner in which any powers of the city shall be exercised, provide all means necessary or proper therefor, and do all things needful within or without the city or state to protect the rights of the city.
  2. [Deleted by 2016 amendment.]

Acts 1921, ch. 173, art. 4, § 5; Shan. Supp., § 1997a137; Code 1932, § 3534; T.C.A. (orig. ed.), § 6-2016; Acts 1986, ch. 765, §§ 1-3; 2016, ch. 1072, § 3.

Amendments. The 2016 amendment  deleted former (b) which read: “(b)(1) Any member of a local governing body of a county or a municipality who is also an employee of such county or municipality may vote on matters in which such member has a conflict of interest if the member informs the governing body immediately prior to the vote as follows:“‘Because I am an employee of (name of governmental unit), I have a conflict of interest in the proposal about to be voted. However, I declare that my argument and my vote answer only to my conscience and to my obligation to my constituents and the citizens this body represents.’“(2) In the event a member of a local governing body of a county or a municipality has a conflict of interest in a matter to be voted upon by the body, the member may abstain for cause by announcing such to the presiding officer. Any member of a local governing body of a county or municipality, who abstains from voting for cause on any issue coming to a vote before the body shall not be counted for the purpose of determining a majority vote.“(3) The vote of any person having a conflict of interest who does not inform the governing body of such conflict as provided in subdivision (b)(1) shall be void if challenged in a timely manner. As used in this subdivision (b)(3), ‘timely manner’ means during the same meeting at which the vote was cast and prior to the transaction of any further business by the body.“(4) Nothing in this subsection (b) shall be construed as altering, amending or otherwise affecting § 12-4-101(a). In the event of any conflict between this subsection (b) and § 12-4-101(a), § 12-4-101(a) shall prevail.”

Effective Dates. Acts 2016, ch. 1072, § 6. May 20, 2016.

6-20-206. Exercise of board's powers.

The board shall exercise its powers in session duly assembled, and no member or group of members thereof shall exercise or attempt to exercise the powers conferred upon the board, except through proceedings adopted at some regular or special session.

Acts 1921, ch. 173, art. 4, § 5; Shan. Supp., § 1997a138; Code 1932, § 3535; T.C.A. (orig. ed.), § 6-2017.

6-20-207. Regular meetings.

The board of commissioners shall by ordinance fix the time and place at which the regular meetings of the board shall be held. Until otherwise provided by ordinance, the regular meetings of the board shall be held at eight o'clock p.m. (8:00 p.m.) on the first and third Thursdays of each month.

Acts 1921, ch. 173, art. 4, § 6; Shan. Supp., § 1997a139; Code 1932, § 3536; T.C.A. (orig. ed.), § 6-2018.

6-20-208. Special meetings.

Whenever, in the opinion of the mayor, city manager or any two (2) commissioners the welfare of the city demands it, the mayor or the recorder shall call special meetings of the board of commissioners upon at least twelve (12) hours written notice to each commissioner, the city manager, recorder, and city attorney, served personally or left at such person's usual place of residence. Each call for a special meeting shall set forth the character of the business to be discussed at such meeting and no other business shall be considered at such meeting.

Acts 1921, ch. 173, art. 4, § 6; Shan. Supp., § 1997a140; Code 1932, § 3537; T.C.A. (orig. ed.), § 6-2019.

6-20-209. Mayor presiding.

The mayor shall preside at all meetings of the board of commissioners.

Acts 1921, ch. 173, art. 4, § 7; Shan. Supp., § 1997a141; Code 1932, § 3538; T.C.A. (orig. ed.), § 6-2020.

Cross-References. Absence or disability of mayor, §§ 6-20-201, 6-20-202.

Mayor presiding, § 6-20-213.

6-20-210. Quorum.

A majority of all the members of the board constitutes a quorum, but a smaller number may adjourn from day to day, and may compel the attendance of the absentees in such manner and under such penalties as the board may provide.

Acts 1921, ch. 173, art. 4, § 10; Shan. Supp., § 1997a145; Code 1932, § 3542; T.C.A. (orig. ed.), § 6-2021.

Collateral References.

Abstention from voting of member of municipal council present at session as affecting voting majority. 63 A.L.R.3d 1072.

6-20-211. Procedural powers and duties of board — Penalties.

  1. The board may determine the rules of its proceedings, subject to this charter, and may arrest and punish by fine any member or other person guilty of disorderly or contemptuous behavior in its presence.
    1. The board has the power and may delegate it to any committee to:
      1. Subpoena witnesses, and order the production of books and papers relating to any subject within its jurisdiction;
      2. Call upon its own officers or the chief of police to execute its process; and
      3. Arrest and punish by fine or imprisonment, or both, any person refusing to obey such subpoena or order.
    2. The refusal to obey a subpoena or order of the board is a Class C misdemeanor.
  2. A violation of this section is a Class C misdemeanor, and each day's continuance in any refusal to comply with the requirements of this section is a separate offense.
  3. The board's presiding officer or the chair of any committee may administer oaths to witnesses.
  4. The board shall keep a journal of its proceedings, and the yeas and nays on all questions shall be entered thereon.

Acts 1921, ch. 173, art. 4, § 11; Shan. Supp., § 1997a146; Code 1932, § 3543; T.C.A. (orig. ed.), § 6-2022; Acts 1989, ch. 175, § 8; 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

6-20-212. Board sessions public. — Emergencies.

  1. All sessions of the board shall be public.
  2. All sessions of the board shall be subject to a change of plan in case of emergency.

Acts 1921, ch. 173, art. 4, § 12; Shan. Supp., § 1997a147; Code 1932, § 3544; T.C.A. (orig. ed.), § 6-2023.

6-20-213. Powers of mayor.

The mayor shall preside at all meetings of the board of commissioners and perform such other duties consistent with the mayor's office as may be imposed by it, and the mayor shall have a seat, a voice and a vote, but no veto. The mayor shall sign the journal of the board and all ordinances on their final passage, execute all deeds, bonds, and contracts made in the name of the city, and the mayor may introduce ordinances to the board of commissioners.

Acts 1921, ch. 173, art. 6, § 1; Shan. Supp., § 1997a154; Code 1932, § 3551; T.C.A. (orig. ed.), § 6-2024.

Cross-References. Mayor presiding, § 6-20-209.

6-20-214. Style of ordinances.

All ordinances shall begin, “Be it ordained by the city of (here insert name) as follows:”.

Acts 1921, ch. 173, art. 5, § 1; Shan. Supp., § 1997a149; Code 1932, § 3546; T.C.A. (orig. ed.), § 6-2025.

6-20-215. Ordinance procedure.

    1. Except as provided in subdivision (a)(2), every ordinance shall be read two (2) different days in open session before its adoption, and not less than one (1) week shall elapse between first and second readings, and any ordinance not so read shall be null and void. Any city incorporated under chapters 18-22 of this title may establish by ordinance a procedure to read only the caption of an ordinance, instead of the entire ordinance, on both readings. Copies of such ordinances shall be available during regular business hours at the office of the city recorder and during sessions in which the ordinance has its second reading.
    2. Notwithstanding subdivision (a)(1), the board of commissioners governing any city incorporated under chapters 18-22 of this title may adopt ordinances pursuant to a consent calendar if the board unanimously passes an ordinance approving the consent calendar; provided, the ordinance approving the consent calendar shall require that:
      1. Each ordinance on the consent calendar be considered on two (2) different days in open session before its adoption and that not less than one (1) week shall elapse between first and second consideration;
      2. Copies of each ordinance adopted pursuant to the consent calendar be available during regular business hours at the office of the city recorder and during sessions in which the ordinance has its second reading;
      3. If any board member objects to an ordinance on the consent calendar or any amendment is adopted to an ordinance on the consent calendar, then the ordinance shall be removed from the consent calendar and may be adopted pursuant to subdivision (a)(1); and
      4. Copies of the consent calendar shall be published along with the agenda prior to any meeting at which the consent calendar will be considered.
    3. A city that has established a consent calendar pursuant to subdivision (a)(2) may eliminate the consent calendar by passage of an ordinance in the same manner required to create the consent calendar.
  1. An ordinance shall not take effect until fifteen (15) days after the first passage thereof, except in case of an emergency ordinance. An emergency ordinance may become effective upon the day of its final passage; provided, that it shall contain the statement that an emergency exists and shall specify the distinct facts and reasons constituting such an emergency.
  2. The unanimous vote of all members of the board present shall be required to pass an emergency ordinance.
  3. No ordinance making a grant, renewal, or extension of a franchise or other special privilege, or regulating the rate to be charged for its service by any public utility shall ever be passed as an emergency ordinance. No ordinance shall be amended, except by a new ordinance.

Acts 1921, ch. 173, art. 5, § 2; Shan. Supp., § 1997a150; Code 1932, § 3547; Acts 1976, ch. 420, § 1; T.C.A. (orig. ed.), § 6-2026; Acts 1989, ch. 175, § 9; 1995, ch. 13, § 10; 1996, ch. 652, § 4; 2015, ch. 115, § 1.

Amendments. The 2015 amendment added “Except as provided in subdivision (a)(2),” to the beginning of the first sentence of (a)(1) and added (a)(2) and (3).

Effective Dates. Acts 2015, ch. 115, § 2. April 10, 2015.

NOTES TO DECISIONS

1. Change During Readings.

This section does not require the passage of a completely new ordinance where only minor changes are made on the third reading of a proposed ordinance. Biltmore Hotel Court, Inc. v. Berry Hill, 216 Tenn. 62, 390 S.W.2d 223, 1965 Tenn. LEXIS 654 (1965).

Amendments to a proposed ordinance that do not materially or substantially change the purpose and scope of the proposed ordinance may be made at any time until the proposed ordinance is duly enacted into a bona fide ordinance on a third and final reading. Hourglass Lounge v. City of Johnson City, 879 S.W.2d 860, 1994 Tenn. App. LEXIS 102 (Tenn. Ct. App. 1994).

6-20-216. Voting by board.

In all cases under § 6-20-215, the vote shall be determined by yeas and nays, and the names of the members voting for or against an ordinance shall be entered upon the journal.

Acts 1921, ch. 173, art. 5, § 3; Shan. Supp., § 1997a151; Code 1932, § 3548; T.C.A. (orig. ed.), § 6-2027.

6-20-217. Recording of ordinances.

Every ordinance shall be immediately taken charge of by the recorder and by the recorder be numbered, copied in an ordinance book, filed and preserved in the recorder's office.

Acts 1921, ch. 173, art. 5, § 4; Shan. Supp., § 1997a152; Code 1932, § 3549; T.C.A. (orig. ed.), § 6-2028.

6-20-218. Publication of penal ordinances — Effective date.

  1. Each ordinance of a penal nature, or the caption of each ordinance of a penal nature, shall be published after its final passage in a newspaper of general circulation in the city.
  2. No such ordinance shall take effect until the ordinance, or its caption, is published, except as otherwise provided in chapter 54, part 5 of this title.

Acts 1921, ch. 173, art. 5, § 5; Shan. Supp., § 1997a153; Code 1932, § 3550; T.C.A. (orig. ed.), § 6-2029; Acts 1981, ch. 194, § 1; 1984, ch. 811, § 2; 1989, ch. 175, § 16.

Cross-References. Publication of ordinances, § 6-2-102.

6-20-219. Mayoral duties required by ordinance.

The mayor has the power and it is hereby made the mayor's duty to perform all acts that may be required of the mayor by any ordinance duly enacted by the board of commissioners, not in conflict with any of the provisions of this charter.

Acts 1921, ch. 173, art. 6, § 2; Shan. Supp., § 1997a155; Code 1932, § 3552; T.C.A. (orig. ed.), § 6-2030.

6-20-220. Removal of officers.

  1. The mayor or any commissioner may be removed from office by the board of commissioners for crime or misdemeanor in office, for grave misconduct showing unfitness for public duty, or for permanent disability, by a majority vote of the other members of the board voting for such removal. The proceedings for such removal shall be upon specific charges in writing, which, with a notice stating the time and place of the hearing, shall be served on the accused or published at least three (3) times on three (3) successive days in a daily newspaper circulating in the city.
  2. The hearing shall be public and the accused shall have the right to appear and defend in person or by counsel and have process of the board to compel the attendance of witnesses in the accused's behalf. Such vote shall be determined by yeas and nays, and the names of the members voting for or against such removal shall be entered in the journal.
  3. Immediately upon the vote for removal, the term of the accused shall expire and the accused's official status, power and authority shall cease without further action.
  4. Anyone removed under this section shall have the right of appeal.

Acts 1921, ch. 173, art. 4, § 13; Shan. Supp., § 1997a148; Code 1932, § 3545; T.C.A. (orig. ed.), § 6-2032; Acts 1989, ch. 175, § 10.

NOTES TO DECISIONS

1. Appeal by Certiorari.

Appeal of removal of commissioner was properly by certiorari and not by appeal. Davison v. Carr, 659 S.W.2d 361, 1983 Tenn. LEXIS 731 (Tenn. 1983).

2. Insufficient Evidence to Support Removal.

The evidence was insufficient to support removal from office. Davison v. Carr, 659 S.W.2d 361, 1983 Tenn. LEXIS 731 (Tenn. 1983).

Chapter 21
City Manager, Officers and Employees

Part 1
General Provisions

6-21-101. Appointment and removal of city manager.

  1. The board of commissioners shall appoint and fix the salary of the city manager, who shall serve at the will of the board.
    1. The city manager may not be removed within twelve (12) months from the date on which the city manager assumed the duties of the city manager, except for incompetence, malfeasance, misfeasance, or neglect of duty.
    2. In case of the city manager's removal within that period, the city manager may demand written charges and a public hearing thereon before the board prior to the date on which final removal shall take effect. The decision and action of the board on such hearing shall be final, and pending such hearing, the board may suspend the city manager from duty.

Acts 1921, ch. 173, art. 7, § 1; Shan. Supp., § 1997a157; Code 1932, § 3554; modified; T.C.A. (orig. ed.), § 6-2101.

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, § 63.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

Attorney General Opinions. Authority of city manager and commissioners under city manager-commission charter.  OAG 11-11, 2011 Tenn. AG LEXIS 11 (1/19/11).

NOTES TO DECISIONS

1. Void Appointment.

Where board of commissioners appointed one of its own members to office of city manager, appointment was void and ineffectual both under city charter and common law. State v. Thompson, 193 Tenn. 395, 246 S.W.2d 59, 1952 Tenn. LEXIS 305 (1952), superseded by statute as stated in, Jackson v. Hensley, 715 S.W.2d 605, 1986 Tenn. App. LEXIS 2925 (Tenn. Ct. App. 1986).

2. —Remedy.

Where acceptance of city manager's office by member of board of commissioners was legally ineffective, board member did not thereby hold second office while holding first and incompatible office of commissioner, and remedy against the board member, if any, was under provisions of ouster statutes rather than under quo warranto statutes. State v. Thompson, 193 Tenn. 395, 246 S.W.2d 59, 1952 Tenn. LEXIS 305 (1952), superseded by statute as stated in, Jackson v. Hensley, 715 S.W.2d 605, 1986 Tenn. App. LEXIS 2925 (Tenn. Ct. App. 1986).

3. —Recovery of Salary.

In quo warranto action to recover funds paid by city to one illegally holding office of city manager, petitioner was entitled to judgment for use and benefit of city in amount equal to total salary paid such person as city manager from city funds. State v. Thompson, 193 Tenn. 395, 246 S.W.2d 59, 1952 Tenn. LEXIS 305 (1952), superseded by statute as stated in, Jackson v. Hensley, 715 S.W.2d 605, 1986 Tenn. App. LEXIS 2925 (Tenn. Ct. App. 1986).

6-21-102. Subordinate officers and employees.

  1. The city manager may appoint, promote, suspend, transfer and remove any officer or employee of the city responsible to the city manager; or the city manager may, in the city manager's discretion, authorize the head of a department or office responsible to the city manager to take such actions regarding subordinates in such department or office. The city manager shall appoint such heads of administrative offices or organizational units as the city manager deems necessary. The city manager may combine, or personally hold, any such administrative offices established pursuant to this subsection (a) or otherwise established or may delegate parts of the duties of the city manager's office to designated subordinates.
  2. Except as otherwise provided in this charter, the compensation of all officers and employees of the city shall be fixed by the city manager within the limits of the appropriations ordinance and in accordance with a comprehensive pay plan adopted by the board of commissioners.

Acts 1921, ch. 173, art. 7, § 2; Shan. Supp., § 1997a158; Code 1932, § 3555; T.C.A. (orig. ed.), § 6-2102; Acts 1989, ch. 175, § 11.

Attorney General Opinions. Authority of city manager and commissioners under city manager-commission charter.  OAG 11-11, 2011 Tenn. AG LEXIS 11 (1/19/11).

6-21-103. Oath of office.

Every officer, agent, and employee holding a position upon an annual salary shall, before entering upon such person's duties, take and subscribe and file with the recorder, an oath or affirmation that such person has all the qualifications named in this charter for the office or employment such person is about to assume, that such person will support the constitutions of the United States and of this state and the charter and ordinances of the city and will faithfully discharge the duties of the office or employment.

Acts 1921, ch. 173, art. 7, § 3; Shan. Supp., § 1997a159; Code 1932, § 3556; T.C.A. (orig. ed.), § 6-2103.

6-21-104. Surety bond.

The city manager and every officer, agent, and employee having duties embracing the receipt, disbursement, custody, or handling of money shall, before entering upon these duties, execute a fidelity bond with some surety company authorized to do business in the state, as surety, except that bonds for five hundred dollars ($500) or less may be given with personal surety, in such amount as shall be prescribed by ordinance of the board of commissioners, except where the amount is prescribed in this charter. All such bonds and sureties thereto shall be subject to the approval of the board of commissioners. The cost of making these bonds is to be paid by the city.

Acts 1921, ch. 173, art. 7, § 4; Shan. Supp., § 1997a160; Code 1932, § 3557; T.C.A. (orig. ed.), § 6-2104.

6-21-105. Additional bond.

If, at any time, it appears to the mayor, city manager, or recorder that the surety or sureties on any official bond are insufficient, the officer or employee shall be required to give additional bond, and if such officer or employee fails to give additional bond within twenty (20) days after being notified, the officer or employee's office shall be vacant.

Acts 1921, ch. 173, art. 7, § 5; Shan. Supp., § 1997a161; Code 1932, § 3558; T.C.A. (orig. ed.), § 6-2105.

6-21-106. Political activities of officers and employees — Penalties.

  1. Neither the city manager, recorder, city judge, chief of police nor any person in the employ of the city, under any of such officers, shall take any active part in or contribute any money toward the nomination or election of any candidate for election to the board of commissioners, except to answer such questions as may be put to them and as they may desire to answer.
  2. A violation of this section shall subject the offenders to removal from office or employment, and to punishment by fine of not more than fifty dollars ($50.00) for each offense.

Acts 1921, ch. 173, art. 22, § 3; Shan. Supp., § 1997a246; Code 1932, § 3644; T.C.A. (orig. ed.), § 6-2106.

6-21-107. Manager as administrative head — Absence — Time devoted to office.

  1. In addition to all other powers conferred upon the city manager, the city manager shall be the administrative head of the municipal government under the direction and supervision of the board of commissioners. The city manager shall be appointed without regard to the city manager's political beliefs and need not be a resident of the city or state at the time of appointment.
  2. During the absence or disability of the city manager, the board of commissioners may designate some properly qualified person to perform the functions of the city manager.
  3. The city manager shall not be required to give the city manager's entire time to the affairs of the city, unless the city commissioners, when employing the city manager, make the employment conditional upon the city manager's devoting the city manager's entire time to the interest of the city.

Acts 1921, ch. 173, art. 8, § 1; Shan. Supp., § 1997a162; Code 1932, § 3559; T.C.A. (orig. ed.), § 6-2107.

Attorney General Opinions. Authority of city manager and commissioners under city manager-commission charter.  OAG 11-11, 2011 Tenn. AG LEXIS 11 (1/19/11).

6-21-108. Powers and duties of manager.

The powers and duties of the city manager are to:

  1. See that the laws and ordinances are enforced, and upon knowledge or information of any violation thereof, see that prosecutions are instituted in the city court;
  2. Except as otherwise provided in this charter, appoint, promote, demote, suspend, transfer, remove, and otherwise discipline all department heads and subordinate employees at any time, subject only to any personnel rules and regulations adopted by ordinance or resolution by the commission. Any hearings on, or appeals from, the city manager's personnel decisions provided for in the personnel rules and regulations shall be exclusively before the city manager or a hearing officer designated by the city manager;
  3. Supervise and control the work of the recorder, the chief of police, the city attorney, treasurer, and all other officers, and of all departments and divisions created by this charter or that hereafter may be created by the board of commissioners;
  4. See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility or franchise are faithfully done, kept and performed, and, upon knowledge or information of any violation thereof, call the same to the attention of the city attorney, who is hereby required to take such steps as are necessary to enforce the same;
  5. Attend all meetings of the board, with the right to take part in the discussion, but not to vote;
  6. Recommend to the board for adoption such measures as the city manager deems necessary or expedient;
  7. Act as budget commissioner and keep the board fully advised as to the financial condition and need of the city;
  8. Act as purchasing agent for the city and purchase all material, supplies and equipment for the proper conduct of the city's business as provided in § 6-19-104;
  9. Execute contracts on behalf of the city when this authority is delegated to the city manager by ordinance; and
  10. Perform such other duties as may be prescribed by this charter or required of the city manager by resolution or ordinance of the board.

Acts 1921, ch. 173, art. 8, § 2; Shan. Supp., § 1997a163; Code 1932, § 3560; T.C.A. (orig. ed.), § 6-2108; Acts 1989, ch. 175, § 12; 1995, ch. 13, § 11; 1999, ch. 270, § 2.

Attorney General Opinions. Authority of city manager and commissioners under city manager-commission charter.  OAG 11-11, 2011 Tenn. AG LEXIS 11 (1/19/11).

Part 2
City Attorney

6-21-201. Qualifications.

The city attorney shall be an attorney at law entitled to practice in the courts of the state.

Acts 1921, ch. 173, art. 19, § 1; Shan. Supp., § 1997a171; Code 1932, § 3568; T.C.A. (orig. ed.), § 6-2109.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

6-21-202. Duties and compensation.

  1. The city attorney shall:
    1. Direct the management of all litigation in which the city is a party, including the functions of prosecuting attorney in the city courts;
    2. Represent the city in all legal matters and proceedings in which the city is a party or interested, or in which any of its officers are officially interested;
    3. Attend any meetings of the board of commissioners when required by the board;
    4. Advise the board and committees or members thereof, the city manager, and the heads of all departments and divisions, as to all legal questions affecting the city's interest; and
    5. Approve as to form all contracts, deeds, bonds, ordinances, resolutions and other documents to be signed in the name of or made by or with the city.
  2. The city attorney shall receive a salary to be fixed by the board.

Acts 1921, ch. 173, art. 10, § 2; Shan. Supp., § 1997a172; Code 1932, § 3569; T.C.A. (orig. ed.), § 6-2110; Acts 1990, ch. 635, § 1.

Attorney General Opinions. Under T.C.A. § 6-54-107(a), a city judge is prohibited from contracting with the city for the performance of work to be paid for out of the treasury, and this prohibition includes acting as the city attorney, either as an independent contractor or as an employee of the city, OAG 02-106, 2002 Tenn. AG LEXIS 111 (10/01/02).

Part 3
Departments Generally

6-21-301. Departments of city.

That the work and affairs of the city may be classified and arranged conveniently and conducted efficiently, there are hereby established the following departments:

  1. Department of education;
  2. Department of finance;
  3. Department of public safety; and
  4. Department of public works and welfare.

Acts 1921, ch. 173, art. 17, § 1; Shan. Supp., § 1997a224; Code 1932, § 3622; T.C.A. (orig. ed.), § 6-2111.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

6-21-302. Creation and control of departments by board.

The board of commissioners may by ordinance create new departments or combine or abolish existing departments and prescribe their duties and functions, but before doing so must receive the written recommendations of the city manager.

Acts 1921, ch. 173, art. 17, § 2; Shan. Supp., § 1997a225; Code 1932, § 3623; T.C.A. (orig. ed.), § 6-2112; Acts 1989, ch. 175, § 13.

6-21-303. Supervision of departments by manager.

The city manager shall supervise and control all departments now or hereafter created, except as otherwise provided by this charter.

Acts 1921, ch. 173, art. 17, § 3; Shan. Supp., § 1997a226; Code 1932, § 3624; T.C.A. (orig. ed.), § 6-2113.

Part 4
City Recorder

6-21-401. City recorder — Appointment.

The city manager shall appoint a city recorder, who also may be appointed to the positions of finance director or treasurer or both.

Acts 1921, ch. 173, art. 11, §§ 1, 15; Shan. Supp., §§ 1997a181, 1997a194; Code 1932, §§ 3578, 3592; modified; T.C.A. (orig. ed.), §§ 6-2114, 6-2127; Acts 1989, ch. 175, § 14.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

6-21-402. Recorder pro tempore.

In the event of the temporary absence or disability of the recorder, the city manager may appoint a recorder pro tempore.

Acts 1921, ch. 173, art. 11, § 16; Shan. Supp., § 1997a195; Code 1932, § 3593; T.C.A. (orig. ed.), § 6-2115.

6-21-403. Functions at board meeting.

It is the duty of the recorder to be present at all meetings of the board of commissioners, and to keep a full and accurate record of all business transacted by the same, to be preserved in permanent book form.

Acts 1921, ch. 173, art. 11, § 2; Shan. Supp., § 1997a182; Code 1932, § 3579; T.C.A. (orig. ed.), § 6-2116.

6-21-404. Custody of official records.

The recorder shall have custody of, and preserve in the recorder's office, the city seal, the public records, original rolls of ordinance, ordinance books, minutes of the board of commissioners, contracts, bonds, title deeds, certificates, and papers, all official indemnity or security bonds, except the recorder's bond, which shall be in the custody of the mayor, and all other bonds, oaths and affirmations, and all other records, papers, and documents not required by this charter or by ordinance to be deposited elsewhere, and register them by numbers, dates, and contents, and keep an accurate and modern index thereof.

Acts 1921, ch. 173, art. 11, § 3; Shan. Supp., § 1997a183; Code 1932, § 3580; T.C.A. (orig. ed.), § 6-2117.

6-21-405. Copies of records and ordinances.

The recorder shall provide, and when required by any officer or person certify, copies of records, papers, and documents in the recorder's office, and charge therefor, for the use of the city, such fees as may be provided by ordinance, cause copies of ordinances to be printed, as may be directed by the board of commissioners, and keep them in the recorder's office for distribution.

Acts 1921, ch. 173, art. 11, § 4; Shan. Supp., § 1997a184; Code 1932, § 3581; T.C.A. (orig. ed.), § 6-2118.

Part 5
City Court

6-21-501. City judges — Jurisdiction — Qualifications and compensation — Elections — Temporary replacement.

  1. There shall be a city court presided over by a city judge. The board of commissioners may appoint a city judge who shall serve at the will of the board. The city judge shall have such qualifications and receive such compensation as the board may provide by ordinance.
    1. At the regular general election in August 1990, the candidate for city judge who receives the highest number of votes shall be elected to the position of city judge for a term of eight (8) years and shall be a licensed attorney authorized to practice in the courts of this state. The city judge shall be not less than thirty (30) years of age and shall be a resident of the county within which the city lies. The city judge shall receive such compensation as the board by ordinance may establish; provided, that such compensation shall not be altered for the term for which the city judge is elected.
    2. All fees shall be paid into the treasury of the city and are not to be considered as part of the compensation of the city judge. In the absence or disability of the city judge, a general sessions court judge of the county within which the city lies shall sit temporarily as city judge. Any vacancy in the office of city judge shall be filled by the board until the next regularly scheduled election is conducted.
    3. This subsection (b) is local in effect and shall become effective in a particular municipality upon the contingency of a two-thirds (2/3) vote of the legislative body of the municipality approving this subsection (b). Unless the municipality's charter provides otherwise, by the same vote, the legislative body of the municipality may revoke the approval of this subsection (b), and this subsection (b) shall become ineffective upon the end of the term of the city judge elected under this subsection (b).
      1. This subsection (b) only applies in counties having a population in excess of two hundred fifty thousand (250,000), according to the 1980 federal census or any subsequent federal census.
      2. This subsection (b) does not apply in any county having a population greater than seven hundred seventy thousand (770,000), according to the 1980 federal census or any subsequent census.
      3. This subsection (b) shall not apply in any county having a population of not less than four hundred seventy thousand (470,000) nor more than four hundred eighty thousand (480,000), according to the 1980 federal census of population or any subsequent federal census.
  2. If a city judge is unable to preside over city court for any reason, then, to the extent a general sessions court judge agrees to serve temporarily as city judge, the judge shall appoint a general sessions judge of the county within which the city lies to sit in the city judge's stead. If there is not a general sessions judge available, then the city judge shall appoint an attorney, meeting the same qualifications as a general sessions judge, to sit temporarily.

Acts 1921, ch. 173, art. 9, § 1; Shan. Supp., § 1997a164; Code 1932, § 3561; Acts 1965, ch. 330, § 1; 1979, ch. 309, § 1; T.C.A. (orig. ed.), § 6-2119; Acts 1981, ch. 176, § 1; 1982, ch. 888, § 1; 1982, ch. 889, § 1; 1989, ch. 191, § 1; 1989, ch. 520, §§ 1, 2, 4-6; 1990, ch. 622, § 1; 1996, ch. 633, § 1; 2004, ch. 914, § 6b; 2011, ch. 453, § 7.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Judges, municipal, minimum salary in municipalities of over 170,000 population, § 6-56-109.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

Attorney General Opinions. Municipal judge serving as assistant public defender for county, OAG 98-0123, 1998 Tenn. AG LEXIS 123 (7/17/98).

City courts have jurisdiction to enforce a child curfew law against a parent, OAG 00-158, 2000 Tenn. AG LEXIS 161 (10/17/00).

Cited: Elizabethton v. Carter County, 204 Tenn. 452, 321 S.W.2d 822, 1958 Tenn. LEXIS 276 (1958).

NOTES TO DECISIONS

1. Applicability.

Since T.C.A. § 6-21-501 already specifically provides for a city court for municipalities with a city manager-commission charter, §§ 16-18-101 and 16-18-102, which are general provisions, are not operative under that charter system. Summers v. Thompson, 764 S.W.2d 182, 1988 Tenn. LEXIS 108 (Tenn. 1988), appeal dismissed, 488 U.S. 977, 109 S. Ct. 524, 102 L. Ed. 2d 556, 1988 U.S. LEXIS 5418 (1988).

2. Jurisdiction.

The limited jurisdiction of T.C.A. § 6-21-501(a) courts over city ordinances, with their restricted fines and penalties, rather than over any state laws, does not entail an exercise of constitutional judicial power. Summers v. Thompson, 764 S.W.2d 182, 1988 Tenn. LEXIS 108 (Tenn. 1988), appeal dismissed, 488 U.S. 977, 109 S. Ct. 524, 102 L. Ed. 2d 556, 1988 U.S. LEXIS 5418 (1988).

3. Removal.

Without any concurrent jurisdiction, a city judge of a T.C.A. § 6-21-501(a) court did not exercise constitutional judicial power, and was thus subject to discretionary removal by board of commissioners. Summers v. Thompson, 764 S.W.2d 182, 1988 Tenn. LEXIS 108 (Tenn. 1988), appeal dismissed, 488 U.S. 977, 109 S. Ct. 524, 102 L. Ed. 2d 556, 1988 U.S. LEXIS 5418 (1988).

Collateral References.

Criminal jurisdiction of municipal or other local court. 102 A.L.R.5th 525.

6-21-502. Power to enforce ordinances.

  1. The city judge has the power and authority to:
    1. Impose fines, costs, and forfeitures, and punish by fine for violations of city ordinances;
    2. Preserve and enforce order in such city judge's court;
    3. Enforce the collection of all such fines, costs, and forfeitures imposed by such city judge; and
      1. In default of payment, or of good and sufficient security given for the payment of such fines, costs or forfeitures imposed by such city judge, if:
        1. The city court has concurrent jurisdiction with the general sessions court, the city judge is authorized to enter an order in accordance with § 40-24-104 which, in accordance with such section, may include imprisonment until the fine, costs or forfeitures, or any portion of it, is paid. No such imprisonment shall exceed the period of time established in § 40-24-104, for any one (1) offense or violation.
        2. The city court does not have concurrent jurisdiction with the general sessions court, the city judge is authorized to enter an order for contempt of court for the payment of the fine in the amount established pursuant to § 16-18-306.
      2. Fines may be paid in installments in the manner provided by ordinance or in accordance with § 40-24-104. Any court is authorized to enforce the collection of unpaid fines or forfeitures as a judgment in a civil action in any court with competent jurisdiction in accordance with § 40-24-105. The city judge may remit, with or without condition, fines and costs imposed for violation of any ordinance provision.
  2. The city judge may remit, with or without condition, fines and costs imposed for violation of any ordinance or charter provision.

Acts 1921, ch. 173, art. 9, § 2; Shan. Supp., § 1997a165; Code 1932, § 3562; Acts 1965, ch. 330, § 2; T.C.A. (orig. ed.), § 6-2120; Acts 1989, ch. 175, § 15; 1995, ch. 13, § 12; 2011, ch. 453, § 8.

Attorney General Opinions. A city judge does not have jurisdiction to dispose of criminal charges in exchange for voluntary contributions to the city court special fund from criminal defendants in lieu of the assessment of fines, penalties, or other disposition of proceedings, OAG 00-114, 2000 Tenn. AG LEXIS 116 (6/20/00).

City courts are limited to monetary penalties against a parent in enforcing curfew violations, OAG 00-158, 2000 Tenn. AG LEXIS 161 (10/17/00).

6-21-503. Docket.

The city judge shall keep, or cause to be kept, a court docket or dockets embodying complete detailed records of all cases handled by the city judge.

Acts 1921, ch. 173, art. 9, § 7; Shan. Supp., § 1997a170; Code 1932, § 3567; Acts 1965, ch. 330, § 2; T.C.A. (orig. ed.), § 6-2121.

6-21-504. Arrest warrant.

  1. Only one (1) warrant shall be issued for the same offense, the warrant to embrace all of the parties charged with the same offense.
  2. No arrest shall be made, except upon a warrant duly issued, unless the offense is committed in the presence of the officer making the arrest, or unless in a case of felony.
  3. The affidavit upon which the warrant is issued shall especially state the offense charged.

Acts 1921, ch. 173, art. 9, § 4; Shan. Supp., § 1997a167; Code 1932, § 3564; T.C.A. (orig. ed.), § 6-2122.

Cross-References. Persons whose compensation is contingent upon issuance or nonissuance are prohibited from issuing a search warrant, an arrest warrant, or mittimus, § 40-5-106.

6-21-505. Appearance bond.

Whenever any person is arrested for the violation of any city ordinance in the presence of a police officer, and no warrant has been issued or served, such person may execute an appearance bond in an amount not exceeding fifty dollars ($50.00), and file same with a police desk sergeant, or may, in lieu of the execution of an appearance bond, deposit a sum not exceeding fifty dollars ($50.00), with a police desk sergeant and be given a receipt for same, and, on the appearance of such person before the city court at the time specified in the receipt, such deposit shall be returned to that person. On the failure of such person to appear at the time specified, the amount so deposited shall be forfeited to the municipality and such person shall not be entitled to the return of any part thereof and it shall not be necessary to issue a scire facias; provided, that within two (2) days of the imposition of the forfeiture, the city judge shall have the power to set aside the conditional judgment imposing such forfeiture when it shall be made to appear that the failure of the accused to appear and defend such accused's suit was due to no fault or negligence of the accused. After the expiration of the two (2) days, there may be a final judgment imposing a forfeiture.

Acts 1953, ch. 196, § 1; 1965, ch. 330, § 2; T.C.A. (orig. ed.), § 6-2123.

6-21-506. Disposition of fines and labor.

  1. All fines imposed by the city judge for violations of city ordinances shall belong to and be paid into the treasury of the city.
  2. Any labor performed in the execution of a workhouse or prison sentence for such violation or violations shall be performed for the city under the direction of the city manager.

Acts 1921, ch. 173, art. 9, § 5; Shan. Supp., § 1997a168; Code 1932, § 3565; Acts 1965, ch. 330, § 2; T.C.A. (orig. ed.), § 6-2124.

6-21-507. Collection of fines and cost.

  1. The city judge, in all cases heard or determined by such city judge for offenses against the corporate laws and ordinances, shall set and collect municipal court costs in accordance with  § 16-18-304, shall levy and collect the litigation tax in accordance with  § 16-18-305 and, in addition, shall add thereto one dollar ($1.00), as a tax on all such cases. The city judge shall certify to the chief of police for collection, all fines, costs, and forfeitures imposed by the city judge for offenses against the laws and ordinances of the city. Costs in favor of any person paid a fixed salary by the city shall belong to the city and be paid into its treasury. It is the duty of the city judge to collect and receipt for all fines imposed by the city judge, and the city judge shall render a monthly report to the board of commissioners of all costs and fines collected and of all assessed and uncollected.
  2. It is unlawful for any other person or officer to collect or receipt for such fines, costs, and recoveries, but the city judge may authorize the chief of police to collect and receipt for fines and costs.

Acts 1921, ch. 173, art. 9, § 6; Shan. Supp., § 1997a169; Code 1932, § 3566; Acts 1965, ch. 330, § 2; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 6-2125; Acts 2004, ch. 914, § 6b.

6-21-508. Appeal from city judge's judgment.

Any person dissatisfied with the judgment of the city judge in any case or cases heard and determined by the city judge, may, within ten (10) entire days thereafter, Sundays exclusive, appeal to the next circuit court of the county, upon giving bond with good and sufficient security as approved by the city judge for such person's appearance or the faithful prosecution of the appeal; provided, that in prosecutions for violations of the city ordinances, the bond shall not exceed two hundred fifty dollars ($250).

Acts 1921, ch. 173, art. 9, § 3; Shan. Supp., § 1997a166; Code 1932, § 3563; Acts 1965, ch. 330, § 2; 1969, ch. 287, § 1; T.C.A. (orig. ed.), § 6-2126.

Cross-References. Appellate jurisdiction of circuit court, § 16-10-112.

Part 6
Police

6-21-601. Appointment.

The city manager shall appoint a chief of police and such patrol officers and other members of the police force as may be provided by ordinance.

Acts 1921, ch. 173, art. 18, § 1; Shan. Supp., § 1997a227; Code 1932, § 3625; T.C.A. (orig. ed.), § 6-2128.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

Collateral References.

Liability of municipality or other governmental unit for failure to provide police protection. 90 A.L.R.5th 273.

6-21-602. Duties.

It is the duty of the chief of police and the members of the police force to:

  1. Preserve order in the city;
  2. Protect the inhabitants and property owners therein from violence, crime, and all criminal acts;
  3. Prevent the commission of crime, violations of law and of the city ordinances; and
  4. Perform a general police duty, execute and return all processes, notices, and orders of the mayor, city manager, city attorney, and recorder, and all other processes, notices, and orders as provided in this charter or by ordinance.

Acts 1921, ch. 173, art. 18, § 2; Shan. Supp., § 1997a228; Code 1932, § 3626; T.C.A. (orig. ed.), § 6-2129.

Law Reviews.

Policing the Police: Clarifying the Test for Holding the Government Liable Under 42 U.S.C. § 1983 and the State-Created Danger Theory, 54 Vand. L. Rev. 165 (2001).

NOTES TO DECISIONS

1. Nature of Functions.

In performing their duty to preserve order, protect the lives and property of citizens and enforce the laws of the state and ordinances of the city, it may become necessary for police officers to direct traffic or prohibit it or to remove obstructions from roads or streets, and they may do it themselves or through or with the assistance of others without denuding themselves of the status of governmental officers performing a public function. Jackson v. Paris, 33 Tenn. App. 55, 228 S.W.2d 1015, 1949 Tenn. App. LEXIS 124 (Tenn. Ct. App. 1949).

Where chief of police was notified of wire in city street and he notified office of superintendent of streets to have it removed, he was performing a governmental function and the city was not liable for his alleged negligence. Jackson v. Paris, 33 Tenn. App. 55, 228 S.W.2d 1015, 1949 Tenn. App. LEXIS 124 (Tenn. Ct. App. 1949).

Statutes pertaining to drunk driving and public intoxication, do not, in conjunction with statutes authorizing warrantless arrests, give rise to a “special-duty” of care where a plaintiff alleges that a police officer failed to arrest or detain an alleged drunk driver. Ezell v. Cockrell, 902 S.W.2d 394, 1995 Tenn. LEXIS 315 (Tenn. 1995).

Collateral References.

Duty and liability of owner or occupant of premises to fireman coming thereon in discharge of his duty. 11 A.L.R.4th 597.

6-21-603. Emergency assistance to police.

In time of riot or other emergency, the mayor or city manager shall have power to summon any number of inhabitants to assist the police force.

Acts 1921, ch. 173, art. 18, § 3; Shan. Supp., § 1997a229; Code 1932, § 3627; T.C.A. (orig. ed.), § 6-2130.

6-21-604. Duties in prosecution of violations.

Members of the police force, whenever necessary for the purpose of enforcing the ordinances of the city, shall procure the issuance of warrants, serve the same, and appear in the city courts as prosecutors, relieving complaining citizens insofar as practical of the burden of instituting cases involving the violation of city ordinances; but this section shall not be construed to relieve any person from the duty of appearing in court and testifying in any case.

Acts 1921, ch. 173, art. 18, § 4; Shan. Supp., § 1997a230; Code 1932, § 3628; T.C.A. (orig. ed.), § 6-2131.

Part 7
Fire Department

6-21-701. Appointment.

The city manager shall appoint a chief of the fire department and such other members of the department as may be provided by ordinance.

Acts 1921, ch. 173, art. 19, § 1; Shan. Supp., § 1997a232; Code 1932, § 3630; T.C.A. (orig. ed.), § 6-2133.

Cross-References. Fire prevention and investigation, title 68, ch. 102.

Firefighter training, title 4, ch. 24.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

Attorney General Opinions. The city of Lakeland, a municipality organized under a city manager-commission charter, does not have the authority to impose mandatory fees upon its residents to fund fire protection services.  A general law of local application authorizing the city of Lakeland, but not other municipalities, to impose mandatory fees upon its residents for fire protection services would be constitutionally suspect.  OAG 17-06, 2017 Tenn.  AG LEXIS 6 (1/30/2017).

6-21-702. Duties.

It is the duty of the chief of the fire department and the members thereof to take all proper steps for fire prevention and suppression.

Acts 1921, ch. 173, art. 19, § 2; Shan. Supp., § 1997a233; Code 1932, § 3631; T.C.A. (orig. ed.), § 6-2134.

Collateral References.

Duty and liability of owner or occupant of premises to fireman coming thereon in discharge of his duty. 11 A.L.R.4th 597.

6-21-703. Emergency powers.

  1. When any fire department or company recognized as duly constituted by the commissioner of commerce and insurance pursuant to § 68-102-108 is requested to respond to a fire, hazardous materials incident, natural disaster, service call, or other emergency, it may, regardless of where the emergency exists, proceed to the emergency site by the most direct route at the maximum speed consistent with safety. While responding to, operating at, or returning from such emergency, the chief of the responding fire department or company, or any member serving in capacity of fire officer-in-charge, shall also have the authority to:
    1. Control and direct the activities at the scene of the emergency;
    2. Order any person or persons to leave any building or place in the vicinity of such scene for the purpose of protecting such person or persons from injury;
    3. Blockade any public highway, street or private right-of-way temporarily while at such scene;
    4. Trespass at any time of the day or night without liability while at such scene;
    5. Enter any building or premises, including private dwellings, where a fire is in progress, or where there is reasonable cause to believe a fire is in progress, for the purpose of extinguishing the fire;
    6. Enter any building or premises, including private dwellings, near the scene of the fire for the purpose of protecting the building or premises, or for the purpose of extinguishing the fire that is in progress in another building or premises;
    7. Inspect for preplanning all buildings, structures, or other places in the chief's fire district, except the interior of a private dwelling, where any combustible material, including waste paper, rags, shavings, waste, leather, rubber, crates, boxes, barrels, rubbish, or other combustible material that is or may become dangerous as a fire menace to such buildings, structures, or other places has been allowed to accumulate, or where such chief or the chief's designated representative has reason to believe that such combustible material has accumulated or is likely to accumulate;
    8. Direct without liability the removal or destruction of any fence, house, motor vehicle, or other thing, if such person deems such action necessary to prevent the further spread of the fire;
    9. Request and be furnished with additional materials or special equipment at the expense of the owner of the property on which the emergency occurs, if deemed necessary to prevent the further spread of the fire or hazardous condition; and
    10. Order disengagement or discouplement of any convoy, caravan, or train of vehicles, craft, or railway cars, if deemed necessary in the interest of safety of persons or property.
  2. When any fire department or company responds to any emergency outside its fire district, however, it shall at all times be subject to the control of the fire chief or designated representative in whose district the emergency occurs.

Acts 1921, ch. 173, art. 19, § 3; Shan. Supp., § 1997a234; Code 1932, § 3632; Acts 1975, ch. 166, § 2; T.C.A. (orig. ed.), § 6-2135; Acts 1993, ch. 171, § 1.

6-21-704. Fire marshal.

The city manager may appoint a fire marshal whose duty shall be, subject to the chief of the fire department, to investigate the cause, origin, and circumstances of fires and the loss occasioned thereby, and assist in the prevention of arson.

Acts 1921, ch. 173, art. 19, § 4; Shan. Supp., § 1997a235; Code 1932, § 3633; T.C.A. (orig. ed.), § 6-2136.

Part 8
Schools

6-21-801. Authority of city manager.

The city manager of any municipality incorporated under chapters 18-22 of this title has full power to manage and control the public or city schools.

Acts 1921, ch. 173, art. 20, § 1; Shan. Supp., § 1997a236; Code 1932, § 3634; modified; Acts 1955, ch. 121, § 2; T.C.A. (orig. ed.), § 6-2137.

Cross-References. Municipal schools, title 49, ch. 2, part 4.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

6-21-802. Officers and employees.

The city manager shall appoint, prescribe the duties and powers of, and fix the salary of the director of schools of the city and appoint, fix the salaries of, and have power to remove, all other officers and all teachers, agents, and employees of the department of education.

Acts 1921, ch. 173, art. 20, § 2; Shan. Supp., § 1997a237; Code 1932, § 3635; Acts 1955, ch. 121, § 2; T.C.A. (orig. ed.), § 6-2138.

6-21-803. Building plans.

All plans for the erection or improvement of school buildings or other buildings used for educational purposes shall be subject to the approval of the city manager.

Acts 1921, ch. 173, art. 20, § 4; Shan. Supp., § 1997a239; Code 1932, § 3637; Acts 1955, ch. 121, § 2; T.C.A. (orig. ed.), § 6-2140.

6-21-804. Equipment and supplies.

All materials, supplies, and equipment for educational purposes shall be purchased by the city manager.

Acts 1921, ch. 173, art. 20, § 5; Shan. Supp., § 1997a240; Code 1932, § 3638; Acts 1955, ch. 121, § 2; T.C.A. (orig. ed.), § 6-2141.

6-21-805. State and county school funds.

In apportioning the state and county school funds of the county, the county board of education, or other apportioning and disbursing body, shall apportion and pay over to the treasurer of the city such portion of the state and county school funds as by law is applicable to the schools within the limits of the city.

Acts 1921, ch. 173, art. 20, § 6; Shan. Supp., § 1997a241; Code 1932, § 3639; Acts 1955, ch. 121, § 2; T.C.A. (orig. ed.), § 6-2142.

Cross-References. Education finances, title 49, ch. 3.

6-21-806. Disbursements from school fund.

The board of commissioners shall provide by ordinance for the manner in which the state, county, and city taxes apportioned to the school fund shall be paid over by the city treasurer.

Acts 1921, ch. 173, art. 20, § 7; Shan. Supp., § 1997a242; Code 1932, § 3640; Acts 1955, ch. 121, § 2; T.C.A. (orig. ed.), § 6-2143.

6-21-807. Board of education — Election — Powers.

  1. Sections 6-21-801 and 6-21-802 notwithstanding, the board of commissioners, by ordinance, may delegate the power to manage and control the city public schools to an elected board of education.
  2. The board of education shall have the same number of members as the board of commissioners and shall be elected on the same day and in the same manner as the board of commissioners.
  3. If the board of commissioners is elected by district, the board of education shall also be elected by district.
  4. The board shall exercise the power otherwise granted to the city manager in this part.

Acts 1989, ch. 175, § 18.

Chapter 22
Fiscal Affairs Under City Manager-Commission Charter

6-22-101. Duties of finance director.

The city manager or an officer appointed by the city manager shall serve as finance director and shall:

  1. Exercise a general supervision over the fiscal affairs of the city, and general accounting supervision over all the city's property, assets and claims, and the disposition of such property, assets and claims;
  2. Be the general accountant and auditor of the city;
  3. Have custody of all records, papers, and vouchers relating to the fiscal affairs of the city, and the records in the city manager's office shall show the financial operations and conditions, property, assets, claims, and liabilities of the city, all expenditures authorized and all contracts in which the city is interested;
  4. Require proper fiscal accounts, records, settlements and reports to be kept, made and rendered to the city manager by the several departments and officers of the city, including all deputies or employees of the city manager's department charged with the collection or expenditures of money, and shall control and audit the same; and
  5. At least monthly, adjust the settlements of officers engaged in the collection of the revenue.

Acts 1921, ch. 173, art. 11, § 5; Shan. Supp., § 1997a185; Code 1932, § 3582; T.C.A. (orig. ed.), § 6-2201; Acts 1989, ch. 175, § 19.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

6-22-102. Taxes and assessments under department of finance.

The assessment, levy, and collection of taxes and special assessments shall be in the charge of the department of finance, subject to the limitations elsewhere found in this charter.

Acts 1921, ch. 173, art. 12, § 1; Shan. Supp., § 1997a196; Code 1932, § 3594; T.C.A. (orig. ed.), § 6-2202.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Special Assessments, § 9.

6-22-103. Property and privileges taxable.

All property, real, personal and mixed subject to state, county, and city taxes, and all privileges taxable by law, shall be taxed, and taxes thereon collected by the city for municipal purposes as provided in this chapter.

Acts 1921, ch. 173, art. 12, § 1; Shan. Supp., § 1997a197; Code 1932, § 3595; T.C.A. (orig. ed.), § 6-2203.

Cross-References. Privileges taxable by state and local government, title 67, ch. 4, part 5.

6-22-104. Ad valorem tax.

The ad valorem tax upon the stocks, accounts, and equipment may be assessed and collected in like manner as state and county merchant's ad valorem tax is assessed upon the same property. It is the duty of the county assessor of property and the comptroller of the treasury to prepare a separate assessment book or roll showing real, personal and mixed property assessable by the county assessor of property or the comptroller of the treasury lying within the limits of the city.

Acts 1921, ch. 173, art. 12, § 1; Shan. Supp., § 1997a198; Code 1932, § 3596; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 6-2204; Acts 1995, ch. 305, § 70; 2008, ch. 971, § 1.

Compiler's Notes. Acts 2008, ch. 971, § 1 provided that the code commission is directed to change all references to “tax assessor”, wherever such references appear, to “assessor of property”, as such sections are amended or volumes are replaced. See § 1-1-116.

Cross-References. Assessment of utilities and common carriers by the comptroller of the treasury, title 67, ch. 5, part 13.

6-22-105. Certification of assessments.

The records referenced in § 6-22-104 shall be certified to the finance director of the city upon the completion of the work of the boards of equalization, after they have been copied by the county clerk or the department of revenue.

Acts 1921, ch. 173, art. 12, § 1; Shan. Supp., § 1997a199; Code 1932, § 3597; modified; impl. am. Acts 1959, ch. 9, § 14; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 6-2205; Acts 1989, ch. 175, § 20.

6-22-106. Tax books.

  1. As soon as practicable in each year after the assessment books for the state and county are complete, which shall be after boards of equalization provided for by general laws shall have finished their work, it is the duty of the finance director to prepare or cause to be prepared, from the assessment books of the county and of the comptroller of the treasury, a tax book similar in form to that required by laws of the state to be made out for the county trustee, embracing, however, only such property and persons as are liable for taxes within the city.
  2. Such tax books, when certified to be true, correct and complete by the finance director, shall be the assessment for taxes in the city for all municipal purposes; provided, that there may be an assessment by the finance director at any time, of any property subject to taxation found to have been omitted, and such assessment shall be duly noted and entered on the assessment books of the city. Instead of the assessment made by county and state officials as provided in this section, the city may, by ordinance insofar as not prohibited by general laws, provide for and regulate an assessment to be made by its own assessor of property.

Acts 1921, ch. 173, art. 12, § 2; Shan. Supp., § 1997a201; Code 1932, § 3599; impl. am. Acts 1955, ch. 69, § 1; T.C.A. (orig. ed.), § 6-2206; Acts 1989, ch. 175, § 20; 1995, ch. 305, § 71; 2008, ch. 971, § 1.

Compiler's Notes. Acts 2008, ch. 971, § 1 provided that the code commission is directed to change all references to “tax assessor”, wherever such references appear, to “assessor of property”, as such sections are amended or volumes are replaced. See § 1-1-116.

Cross-References. County boards of equalization, title 67, ch. 1, part 4.

State board of equalization, title 67, ch. 1, part 3.

6-22-107. Statement of taxable property — Tax levy.

  1. It is the duty of the finance director, in each year, as soon as the assessment roll for the city is complete, to submit to the board of commissioners a certified statement of the total amount of the valuation or assessment of the taxable property for the year within the city limits, including the assessment of all railroads, telephone, telegraph, and other public utility properties, together with a certified statement of the revenue derived by the city from privilege taxes, merchant's ad valorem taxes, street labor taxes, fines for the preceding fiscal year, and miscellaneous revenue.
  2. Upon the presentation of such statements by the finance director, the board shall proceed by ordinance to make the proper levy to meet the expenses of the city for the current fiscal year.

Acts 1921, ch. 173, art. 10, § 3; Shan. Supp., § 1997a173; Code 1932, § 3570; T.C.A. (orig. ed.), § 6-2207; Acts 1989, ch. 175, § 20.

6-22-108. Effective date of levy.

The board of commissioners of the city shall have full power to levy and collect taxes as of January 10 of each and every year.

Acts 1921, ch. 173, art. 12, § 1; Shan. Supp., § 1997a200; Code 1932, § 3598; T.C.A. (orig. ed.), § 6-2208.

6-22-109. Extension of levy on tax books.

It is the duty of the finance director, immediately after the levy of taxes by the board of commissioners, to cause the levy to be extended upon the tax book prepared by the finance director in the same manner that extensions are made upon the tax books in the hands of the county trustee.

Acts 1921, ch. 173, art. 10, § 4; Shan. Supp., § 1997a174; Code 1932, § 3571; T.C.A. (orig. ed.), § 6-2210; Acts 1989, ch. 175, § 20.

6-22-110. Due date of taxes — Tax collector — Distress warrants.

  1. All taxes due the city, except privilege and merchant's ad valorem taxes and street labor taxes, shall, until otherwise provided by ordinance, be due and payable on November 1 of the year for which the taxes are assessed.
  2. The treasurer shall be custodian of the tax books and shall be the tax collector of the city.
  3. Distress warrants may issue for the collection of taxes and any such distress warrant shall be executed by the chief of police or any police officers of the city by a levy upon, and sale of goods and chattels under the same provisions as prescribed by law for the execution of such process of courts of general sessions.

Acts 1921, ch. 173, art. 10, § 5; Shan. Supp., § 1997a175; Code 1932, § 3572; T.C.A. (orig. ed.), § 6-2211.

Cross-References. Sale of real property for delinquent taxes, § 6-22-114.

6-22-111. Tax liens — Errors and irregularities in assessment.

  1. All municipal taxes on real estate in the city, and all penalties and costs accruing thereon, are hereby declared to be a lien on such realty from and after January 1 of the year for which same are assessed, superior to all other liens, except the liens of the United States, the state and the county, for taxes legally assessed thereon, with which it shall be a lien of equal dignity.
  2. No assessment shall be invalid because the size and dimensions of any tract, lot or parcel of land shall not have been precisely named nor the amount of the valuation or tax not correctly given, nor because the property has been assessed in the name of a person who did not own the same, nor because the same was assessed to unknown owners, nor on account of any objection or informality merely technical, but all such assessments shall be good and valid.
  3. The board of commissioners shall have power to correct any errors in the tax assessments upon a certificate filed by the assessor of property or assessing body.

Acts 1921, ch. 173, art. 10, § 6; Shan. Supp., § 1997a176; Code 1932, § 3573; Acts 1974, ch. 771, § 3; T.C.A. (orig. ed.), § 6-2212; Acts 2008, ch. 971, § 1.

Compiler's Notes. Acts 2008, ch. 971, § 1 provided that the code commission is directed to change all references to “tax assessor”, wherever such references appear, to “assessor of property”, as such sections are amended or volumes are replaced. See § 1-1-116.

6-22-112. Delinquency penalties — Discount for early payment.

  1. On December 1 of the year for which the taxes are assessed, or other date provided by ordinance, a penalty of two percent (2%) upon all taxes remaining unpaid shall be imposed and collected by the city and paid into the city treasury. An additional penalty of two percent (2%) shall be added for each month thereafter for twelve (12) months.
  2. If any taxpayer elects to pay such taxpayer's taxes prior to October 1, that taxpayer shall be entitled to a discount of two percent (2%) from the amount of the taxpayer's bill.

Acts 1921, ch. 173, art. 10, § 7; Shan. Supp., § 1997a177; Code 1932, § 3574; T.C.A. (orig. ed.), § 6-2213.

6-22-113. Change of due dates — Semiannual installments.

  1. The board of commissioners may, by ordinance passed by unanimous vote, change the due date and delinquent date of all taxes, and may provide for the semiannual payment of taxes and a discount for the prompt payment of such taxes.
  2. In case a semiannual installment of taxes is made due and payable before the assessment and levy of taxes in the city for the current year is complete, the amount of the installment so collected as a tax upon any property shall be not more than fifty percent (50%) of the taxes levied on the property for the preceding year, such installment to be credited on the current year's taxes when determined and levied.

Acts 1921, ch. 173, art. 10, § 8; Shan. Supp., § 1997a178; Code 1932, § 3575; T.C.A. (orig. ed.), § 6-2214.

6-22-114. Sale of real property for delinquency.

The finance director shall, under the provisions of the state law for the collection of delinquent taxes, certify to the trustee of the county a list of all real estate upon which municipal taxes remain due and unpaid, or that is liable for sale for other taxes, and the same shall be sold in like manner and upon the same terms and conditions as real estate is sold for delinquent state and county taxes.

Acts 1921, ch. 173, art. 10, § 9; Shan. Supp., § 1997a179; Code 1932, § 3576; T.C.A. (orig. ed.), § 6-2215; Acts 1989, ch. 175, § 20.

Cross-References. Sale of personal property for delinquent taxes, § 6-22-110.

Tax Enforcement Procedures Act, title 67, ch. 1, part 14.

6-22-115. Complaints in chancery to collect special assessments.

The board of commissioners has the power, and is hereby given authority, to file complaints in the chancery court in the name of the city for the collection of assessments and levies made for payment for improvements or service in the city, such as paving, sidewalks, curbing, guttering, sewers and other improvements, or services for which assessments may be made under the charter, or by any other acts of the general assembly, and the cost of which is made a charge on property owners abutting the improvements and a lien on abutting property. The suits commenced by such complaints shall be conducted as other suits in chancery for the enforcement of like liens and under the rules of law and practice provided for the same. The complaints shall not be objectionable because the owners of different parcels or lots of land are made parties thereto, it being the intention that all persons in the same improvement district, or liable for portions of the same assessment and levy for improving a portion of the city as provided in this section, and on whose property the assessment or levy is a lien, shall be made parties defendant to one (1) complaint.

Acts 1921, ch. 173, art. 10, § 10; Shan. Supp., § 1997a180; Code 1932, § 3577; T.C.A. (orig. ed.), § 6-2216.

Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Special Assessments, § 9.

6-22-116. License taxes.

  1. License taxes may be imposed by ordinance upon any and all privileges, businesses, occupations, vocations, pursuits, or callings, or any class or classes thereof, now or hereafter subject to such taxation under the laws of Tennessee, and a separate license tax may be imposed for each place of business conducted or maintained by the same person, firm, or corporation.
  2. The treasurer shall enforce the collection of merchants' taxes and all other license taxes, and for that purpose have and exercise the powers of law vested in, and follow the procedure and methods prescribed for, county clerks.

Acts 1921, ch. 173, art. 13, § 1; Shan. Supp., § 1997a204; Code 1932, § 3602; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 6-2217.

Cross-References. Privilege and excise taxes, title 67, ch. 4.

6-22-117. Accounting system.

The finance director, with the approval of the city manager, shall cause an efficient system of accounting for the city to be installed and maintained.

Acts 1921, ch. 173, art. 11, § 6; Shan. Supp., § 1997a185½; Code 1932, § 3583; T.C.A. (orig. ed.), § 6-2218; Acts 1989, ch. 175, § 20.

6-22-118. Fiscal forms.

The finance director shall cause all forms used in connection with either the receipt or disbursement of city funds to be numbered consecutively, and shall account for all spoiled or unused forms.

Acts 1921, ch. 173, art. 11, § 14; Shan. Supp., § 1997a193; Code 1932, § 3591; T.C.A. (orig. ed.), § 6-2219; Acts 1989, ch. 175, § 20.

6-22-119. Appointment and duties of treasurer.

  1. The city manager shall appoint a treasurer.
  2. It is the duty of the treasurer to collect, receive and receipt for the taxes and all other revenue and bonds of the city, and the proceeds of its bond issues, and to disburse the same.
  3. The city manager may appoint the recorder as treasurer.

Acts 1921, ch. 173, art. 11, § 7; Shan. Supp., § 1997a186; Code 1932, § 3584; T.C.A. (orig. ed.), § 6-2220.

6-22-120. Depositories of municipal funds.

    1. The board, at a regular meeting, shall adopt a resolution to contract with a bank or banks making the best proposal to become the depository of municipal funds.
    2. Before entering into a contract under subdivision (a)(1), the treasurer or an officer appointed by the treasurer shall review and analyze the proposals from the banks and submit an analysis of the proposals to each member of the board at or before the next meeting of the board. The analysis of the proposals should consider the bank or banks proposing the highest interest rate, potential service charges or other fees, factors affecting safety and liquidity of municipal funds, and any other relevant factors.
  1. The board shall require any bank that becomes a depository of municipal funds to secure the funds by collateral in the same manner and under the same conditions as state deposits under title 9, chapter 4, parts 1 and 4, or as provided in a collateral pool created under title 9, chapter 4, part 5.
  2. Notwithstanding any law to the contrary, at least once every four (4) years, the board shall reevaluate the contracts entered into pursuant to subsection (a). The board shall base its evaluation on proposals obtained from at least two (2) banks. The treasurer or an officer appointed by the treasurer shall prepare a written evaluation of the proposals and preserve the evaluations for at least three (3) years.

Acts 1921, ch. 173, art. 11, § 13; Shan. Supp., § 1997a192; Code 1932, § 3590; Acts 1977, ch. 80, § 1; T.C.A. (orig. ed.), § 6-2221; Acts 1989, ch. 175, § 21; 1994, ch. 752, § 5; 2019, ch. 277, § 2.

Amendments. The 2019 amendment rewrote this section, which read: “Depositories of the municipal funds shall be designated by ordinance. The board shall require any financial institution that becomes a depository of municipal funds to secure such funds by collateral in the same manner and under the same conditions as state deposits under title 9, chapter 4, parts 1 and 4, or as provided in a collateral pool created under title 9, chapter 4, part 5.”

Effective Dates. Acts 2019, ch. 277, § 5. July 1, 2019.

6-22-121. Budget commissioner — Fiscal year.

  1. The city manager shall be budget commissioner.
  2. The fiscal year of the city shall begin on July 1, unless otherwise provided by ordinance.

Acts 1921, ch. 173, art. 16, § 1; Shan. Supp., § 1997a218; Code 1932, § 3616; T.C.A. (orig. ed.), § 6-2222; Acts 1989, ch. 175, § 22.

6-22-122. Budget estimate submitted to commissioners.

The city manager shall, on or before May 15 of each year, submit to the board of commissioners an estimate of the expenditures and revenue of the city for the ensuing fiscal year. This estimate shall be compiled from detailed information obtained from the several departments on uniform blanks to be furnished by the city manager.

Acts 1921, ch. 173, art. 16, § 1; Shan. Supp., §§ 1997a219, 1997a220; Code 1932, §§ 3617, 3618; T.C.A. (orig. ed.), § 6-2223; Acts 1989, ch. 175, § 23.

6-22-123. [Repealed.]

Compiler's Notes. Former § 6-22-123 (Acts 1921, ch. 173, art. 16, § 1; Shan. Supp., § 1997a221; Code 1932, § 3619; T.C.A. (orig. ed.), § 6-2224; Acts 1989, ch. 175, § 20), concerning classification of expenses in budget, publication, was repealed by Acts 1992, ch. 760, § 3, effective January 1, 1993.

6-22-124. Appropriation ordinance — Amendments.

  1. Upon receipt of the estimate provided for in § 6-22-122, the board of commissioners shall prepare a tentative appropriation ordinance.
  2. The appropriation ordinance for each fiscal year shall be finally adopted before the first day of the fiscal year.
  3. Amendments may be made to the original appropriations ordinance at any time during a current fiscal year; provided, however, that, except for emergency expenditures under § 6-22-129, increased appropriations may be made only after the city manager has certified in writing that sufficient unappropriated revenue will be available.

Acts 1921, ch. 173, art. 16, § 2; Shan. Supp., § 1997a222; Code 1932, § 3620; T.C.A. (orig. ed.), § 6-2225; Acts 1989, ch. 175, § 24; 1992, ch. 760, § 4; 1995, ch. 13, § 13.

Cross-References. Disbursements from school fund, § 6-21-806.

6-22-125. Reversion of appropriations to general fund.

At the end of each year, all unencumbered balances or appropriations in the treasury shall revert to the general fund and be subject to further appropriations. Such balances shall be considered unencumbered only when the city manager shall certify in writing that the purposes for which they were appropriated have been completely accomplished and that no further expenditure in connection with them is necessary.

Acts 1921, ch. 173, art. 16, § 3; Shan. Supp., § 1997a223; Code 1932, § 3621; T.C.A. (orig. ed.), § 6-2226.

6-22-126. Approval of claims against city.

  1. Except as by this charter or by law or ordinance otherwise provided, the finance director shall prescribe and regulate the manner of paying creditors, officers and employees of the city. The finance director shall audit all payrolls, accounts and claims against the city and certify thereon the balance as stated by the finance director, but no payroll, account, or claim, or any part thereof, shall be audited against the city or paid unless authorized by law or ordinance and approved and certified by the city manager and the head of the department for which the indebtedness was incurred, and the amount required for payment of the same appropriated for that purpose by ordinance and in the treasury.
  2. Whenever any claim is presented to the city finance director, the finance director shall have power to require evidence that the amount claimed is justly due, and is in conformity to law and ordinance, and for that purpose may summon before such finance director any officer, agent or employee of any department of the municipality, or any other person, and examine the officer, agent or employee upon oath or affirmation relative thereto.
  3. The city manager, finance director and head of the department concerned, and their sureties, shall be liable to the municipality for all loss or damages sustained by the municipality by reason of the corrupt approval of any claim against the municipality.

Acts 1921, ch. 173, art. 11, § 8; Shan. Supp., § 1997a187; Code 1932, § 3585; T.C.A. (orig. ed.), § 6-2227; Acts 1989, ch. 175, § 20.

6-22-127. Issuance of warrants.

  1. Subject to § 6-22-126, warrants shall be issued by the finance director.
  2. Each warrant shall specify the particular departmental fund against which it is drawn and shall be payable out of no other fund.
  3. Any officer or employee in the finance director's office may be designated by such finance director to draw warrants with the same effect as if signed by the finance director, such designation to be in writing, in duplicate, filed with the city manager. The city manager may make such designation if the finance director is absent or disabled and there is no one in the finance director's office designated to act. Any such designation may be revoked by the finance director while acting as such by filing the revocation in duplicate with the city manager and the treasury division.

Acts 1921, ch. 173, art. 11, § 9; Shan. Supp., § 1997a188; Code 1932, § 3586; T.C.A. (orig. ed.), § 6-2228; Acts 1989, ch. 175, § 20.

6-22-128. Certification of availability of funds to meet contract obligations.

No contract, agreement, or other obligation involving the expenditure of money shall be entered into, nor shall any ordinance, resolution or order for the expenditure of money be passed by the board of commissioners or be authorized by any officer of the city, unless the finance director shall first certify to the board or the proper officer, as the case may be, that the money required for such contract, agreement, obligation or expenditure, is in the treasury or safely assured to be forthcoming and available in time to comply with, or meet such contract, agreement, obligation or expenditures; and no contract, agreement or other obligation involving the expenditure of money payable from the proceeds of bonds of the city shall be entered into until the issuance and sale of such bonds have been duly authorized in accordance with the provisions of this charter in reference to city bonds.

Acts 1921, ch. 173, art. 11, § 10; Shan. Supp., § 1997a189; Code 1932, § 3587; T.C.A. (orig. ed.), § 6-2229; Acts 1989, ch. 175, § 20.

6-22-129. Emergency expenditures.

No contract liability shall be incurred without previous authority of law or ordinance, but the board of commissioners may, by ordinance, empower the proper officials to pay out money or incur contract liability for the city for the necessary preservation of the city's credit, or in other extreme emergency, under such restrictions as may be provided in the ordinance; provided, that any such liability shall mature not later than one (1) year from the date of its incurrence.

Acts 1921, ch. 173, art. 11, § 11; Shan. Supp., § 1997a190; Code 1932, § 3588; T.C.A. (orig. ed.), § 6-2230.

6-22-130. Annual operating budget — Publication — Budgetary comparison.

  1. Notwithstanding any other law to the contrary, the governing body shall publish the annual operating budget and budgetary comparisons of the proposed budget with the prior year's actual figures and the current year's estimated figures, which information shall include the following:
    1. Revenues and expenditures for the following governmental funds: general, streets/public works, general purpose school and debt service;
    2. Revenues for each fund shall be listed separately by local taxes, state of Tennessee, federal government and other sources;
    3. Expenditures for each fund shall be listed separately by salaries and other costs;
    4. Beginning and ending fund balances shall be shown for each fund; and
    5. The number of full-time equivalent employee positions shall be shown for each fund.
  2. The publication shall be in a newspaper of general circulation and shall be published not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget.

Acts 1991, ch. 484, § 9; 1992, ch. 760, § 5.

Chapter 23
Bonds Under City Manager-Commission Charter [Repealed]

6-23-101 — 6-23-113. [Repealed.]

Compiler's Notes. Former chapter 23, §§ 6-23-1016-23-113 (Acts 1921, ch. 173, art. 11, § 12; 1921, ch. 173, art. 14, §§ 1-5; 1921, ch. 173, art. 15, §§ 1-3; Code 1932, §§ 3589, 3603-3615; Shan. Supp., §§ 1997a191, 1997a205-1997a217; Acts 1968, ch. 427, § 1; 1972, ch. 740, §§ 4(37), 4(38); T.C.A. (orig. ed.), §§ 6-2301 — 6-2313), concerning bonds under city manager-commission charter, was repealed by Acts 1988, ch. 750, § 8.

Chapters 24-29
[Reserved]
Modified City Manager-Council Charter

Chapter 30
Modified City Manager-Council Charter—Adoption or Surrender

6-30-101. Alternative method of incorporation provided.

An alternative method whereby unincorporated territory may become an incorporated city is provided by chapters 30-36 of this title.

Acts 1957, ch. 238, § 1.01; modified; T.C.A., § 6-3001.

Compiler's Notes. Public Acts 1961, chapter 293, ratified all prior adoptions of chapters 30 through 36 of title 6 by any incorporated city or town, one of which was Union City, or by residents of an unincorporated territory, and provided that such chapters should be the complete charter of such city or town substituting for the existing charter at time of adoption.

Cross-References. City manager commission charter, title 6, chs. 18-22.

Incorporation under mayor-aldermanic charter, title 6, chs. 1-4.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

Attorney General Opinions. Electronic signatures on petitions for municipal formation and annexation.  OAG 12-80, 2012 Tenn. AG LEXIS 76 (8/2/12).

NOTES TO DECISIONS

1. Application of Statute.

Chapters 30-36 of this title applied only to incorporation of unincorporated territories and incorporated city could not utilize this statute to adopt modified city manager-council charter. State ex rel. Rector v. Wilkes, 222 Tenn. 384, 436 S.W.2d 425, 1968 Tenn. LEXIS 439 (1968).

2. Validation of Action.

Action of city of Elizabethton in adopting modified city manager-council plan under this statute was validated by Public Acts 1968, ch. 584. State ex rel. Rector v. Wilkes, 222 Tenn. 384, 436 S.W.2d 425, 1968 Tenn. LEXIS 439 (1968).

6-30-102. Definitions — Chapters 30-36.

As used in chapters 30-36 of this title, unless the context otherwise requires:

  1. “City” means any city or territory to be incorporated that may adopt chapters 30-36 of this title;
  2. “County” means the county in which any such city or territory to be incorporated under chapters 30-36 of this title is located, or in which the major portion of the population of any such city or territory to be incorporated is located as indicated by the last federal census; and
  3. “This charter” refers to chapters 30-36 of this title.

Acts 1957, ch. 238, § 1.02; 1959, ch. 139, § 1; T.C.A., § 6-3002.

NOTES TO DECISIONS

1. “City” Construed.

The term “city” as used in the statute means “city to be incorporated” until the election is held and the incorporation approved and thereafter it refers to the incorporated city. State ex rel. Rector v. Wilkes, 222 Tenn. 384, 436 S.W.2d 425, 1968 Tenn. LEXIS 439 (1968).

6-30-103. Right to incorporate under modified city manager-council charter.

  1. The residents of any unincorporated territory that it is desired to incorporate shall have the right to adopt chapters 30-36 of this title in the manner provided in these chapters; and thereafter such territory shall be and become incorporated and be governed as set forth in these chapters. No unincorporated territory shall be incorporated under chapters 30-36 of this title unless such territory contains not less than five thousand (5,000) persons, who shall be actual residents of the territory.
  2. No unincorporated territory shall be incorporated within three (3) miles of an existing municipality or within five (5) miles of an existing municipality of one hundred thousand (100,000) or more in population, according to the latest census certified by the department of economic and community development. “Existing municipality” and “existing municipality of one hundred thousand (100,000) or more in population” do not include any county with a metropolitan form of government with a population of one hundred thousand (100,000) or more, according to the latest census certified by the department of economic and community development.
  3. Notwithstanding subsection (a) or (b) to the contrary, a territory may be incorporated if the following conditions are fulfilled:
    1. The territory contains two hundred twenty-five (225) residents or more;
    2. The territory is composed of property that is one thousand six hundred feet (1,600') or more above sea level on the western border of the territory and contiguous with a county boundary on the eastern border of the territory;
    3. The territory is located within an area that is bordered on the west, north and east by the Tennessee River and on the south by the border between Tennessee and another state; and
    4. The territory is located within a metropolitan statistical area.
  4. Notwithstanding subsections (a)-(c) to the contrary, a territory may be incorporated that meets the following conditions:
    1. The territory contains three hundred (300) residents or more;
    2. The territory's western boundary is contiguous with the western boundary of the county in which it is located;
    3. The territory is located within an area bordered on the north by the Loosahatchie River and on the south by the Wolf River;
    4. The territory's eastern boundary is approximately parallel with the western boundary, but in no place is more than eight (8) miles from the western boundary; and
    5. The territory is located within a metropolitan statistical area.
  5. Notwithstanding the requirements of § 6-30-106, or any other law to the contrary, the petition for incorporation of the territory described in this section may consist of a letter from a resident of the territory desiring to incorporate to the county election commission requesting that the question of incorporating the territory be placed on the ballot. The letter shall describe the exact boundaries of the proposed municipality, indicate the name of the proposed municipality, and indicate under which charter the territory desires to incorporate. The letter shall be treated as a petition meeting all the requirements of law.

Acts 1957, ch. 238, § 1.03; T.C.A., § 6-3003; Acts 1993, ch. 320, § 7; 1996, ch. 666, §§ 3, 6.

Compiler's Notes. Acts 1993, ch. 320, § 9 provided that the amendments by that act shall have no effect on a petition for incorporation filed with the county election commissioner before July 1, 1993. It further provided that if litigation concerning the validity of a municipal charter is pending in either a trial or appellate court on July 1, 1993, then neither the amendments by that act nor title 6, chapter 51 shall be construed or applied in any manner that would prevent or restrict the territory described within such charter from once again incorporating as a municipality, should the court rule against the validity of the charter.

For tables of population of Tennessee municipalities, and for U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Attorney General Opinions. Constitutionality of restrictions on municipal incorporation, OAG 95-114, 1995 Tenn. AG LEXIS 127 (11/21/95).

NOTES TO DECISIONS

1. Application of Statutes.

Chapters 30-36 of this title applied only to incorporation of unincorporated territories and incorporated city could not utilize this statute to adopt modified city manager-council charter. State ex rel. Rector v. Wilkes, 222 Tenn. 384, 436 S.W.2d 425, 1968 Tenn. LEXIS 439 (1968).

6-30-104. Procedure for adoption or surrender of charter.

  1. The adoption or surrender of chapters 30-36 of this title shall be accomplished in the same manner as is provided in §§ 6-18-104(c), 6-18-105 — 6-18-113 and 6-30-106 for the adoption or surrender of the uniform city manager-commission charter; provided, that where those sections refer to chapters 18-22 of this title “chapters 30-36 of this title” shall be substituted; that where the uniform city manager-commission charter is referred to “modified city manager-council charter” shall be substituted; and that where commissioners are referred to, “council members” shall be substituted.
  2. No unincorporated territory shall be allowed to hold a referendum on the question of whether or not to incorporate under this charter until a plan of services is documented, setting forth the identification and projected timing of municipal services proposed to be provided and the revenue from purely local sources to be payable annually. The plan of services shall be attached to the petition to incorporate when such petition is filed with the county election commission. The plan of services shall include, but not be limited to, police protection, fire protection, water service, sanitary sewage system, solid waste disposal, road and street construction and repair, recreational facilities, a proposed five-year operational budget, including projected revenues and expenditures, and the revenue from purely local sources to be payable annually. Municipalities that are first incorporated on or after July 1, 1993, that produce no local own-source revenues in any fiscal year, shall not receive any state-shared revenues during the next fiscal year.
  3. Prior to filing the petition with the county election commission, a public hearing on the referendum on the question of whether or not to incorporate under this charter and plan of services shall be conducted. The public hearing shall be advertised in a newspaper of general circulation for two (2) consecutive weeks.

Acts 1957, ch. 238, § 1.04; 1959, ch. 139, § 1; T.C.A., § 6-3004; Acts 1983, ch. 33, § 6; 1993, ch. 320, § 8.

Compiler's Notes. Acts 1993, ch. 320, § 9 provided that the amendments by that act shall have no effect on a petition for incorporation filed with the county election commissioner before July 1, 1993. It further provided that if litigation concerning the validity of a municipal charter is pending in either a trial or appellate court on July 1, 1993, then neither the amendments by that act nor chapter 51 of this title shall be construed or applied in any manner that would prevent or restrict the territory described within such charter from once again incorporating as a municipality, should the court rule against the validity of the charter.

6-30-105. Construction of charter.

In the construction of any portion of this charter whose meaning or application is in dispute, it is intended that its phraseology shall be liberally construed to effect the substantial objects of chapters 30-36 of this title.

Acts 1957, ch. 238, § 9.01; T.C.A., § 6-3005.

6-30-106. Election to adopt city manager form — Publication of notice — Applicability.

  1. An election for the purpose of determining whether or not chapters 30-36 of this title shall become effective for any city shall be called by the county election commission or, if the area is in two (2) or more counties, jointly by the county election commissions of the affected counties, upon the petition in writing of twenty percent (20%) of the number of registered voters of the city or territory voting at the last general election, which petition shall state therein the proposed corporate name and shall designate therein in a sufficient manner the boundaries of the proposed municipal corporation, which may be done by a general reference to the boundaries then existing if there is one, and the boundaries of the councilmanic districts, or shall have attached thereto a map of the area to be incorporated on which the councilmanic districts are shown.
  2. The county election commission shall, in addition to all other notices required by law, publish one (1) notice of the election in a newspaper of general circulation within the territory of the city or of the proposed city and post the notice in at least ten (10) places in the territory.
  3. Except for the provisions of chapters 30-36 of this title that are adopted by reference in other municipal charters, chapters 30-36 of this title apply only to those cities that have adopted chapters 30-36 of this title by referendum as authorized by law.

Acts 1959, ch. 138, § 1; 1963, ch. 388, § 1; 1972, ch. 740, § 4(48); T.C.A., § 6-3006; Acts 1995, ch. 13, § 14; 1997, ch. 98, § 6.

Code Commission Notes.

The 1997 amendments to this section (enacted pursuant to Acts 1997, ch. 98) were found unconstitutional by the Tennessee Supreme Court in Tennessee Municipal League v. Thompson, 958 S.W.2d 333 (Tenn. 1997). The provisions as set out above reflect the section as it appeared prior to the 1997 amendments.

Law Reviews.

Local Government Law — 1959 Tennessee Survey, 12 Vand. L. Rev. 1257 (1959).

NOTES TO DECISIONS

1. “City” Defined.

The term “city” as used in the statute means “city to be incorporated” until the election is held and the incorporation approved and thereafter it refers to the incorporated city. State ex rel. Rector v. Wilkes, 222 Tenn. 384, 436 S.W.2d 425, 1968 Tenn. LEXIS 439 (1968).

6-30-107. [Unconstitutional.]

Code Commission Notes.

This section (enacted pursuant to Acts 1997, ch. 98) was found unconstitutional by the Tennessee Supreme Court in Tennessee Municipal League v. Thompson, 958 S.W.2d 333 (Tenn. 1997) and has been deleted by the code commission.

6-30-108. County of situs of newly incorporated municipality to continue to receive tax revenues until July 1 — Exception — Notice to department of revenue.

  1. Notwithstanding any other law to the contrary, whenever a new municipality incorporates under any form of charter, the county or counties in which the new municipality is located shall continue to receive the revenue from all state and local taxes distributed on the basis of situs of collection, generated within the newly incorporated area, until July 1 following the incorporation, unless the incorporation takes effect on July 1.
  2. If the incorporation takes effect on July 1, then the municipality shall begin receiving revenue from such taxes generated within its corporate boundaries for the period beginning July 1.
  3. Whenever a municipality incorporates, the municipality shall notify the department of revenue of such incorporation prior to the incorporation becoming effective for the purpose of tax administration.
  4. Such taxes shall include the local sales tax authorized in § 67-6-103, the income tax on dividends authorized in § 67-2-102, and all other such taxes distributed to counties and municipalities based on the situs of their collection.

Acts 1998, ch. 651, § 3.

Chapter 31
Elections Under Modified City Manager-Council Charter

Part 1
General Provisions

6-31-101. Method of electing governing body.

  1. All corporate, legislative, and other powers of the city, except as otherwise provided in chapters 30-36 of this title, shall be vested in a council, and the council shall be composed of members to be elected as provided in this section: One (1) member of the council shall be elected from each voting precinct of the incorporated area, to be voted on exclusively by the members of that particular voting precinct, and no person not a resident of the voting precinct shall be eligible to run for the office of council member from that voting precinct. In the event the incorporated area takes in a portion or a part of a voting precinct, that portion or part shall be considered, so far as this section is concerned, as a complete voting precinct. For the purposes of complying with chapter 30 of this title, each voting precinct shall be known as a councilmanic district.
  2. If an area to be incorporated, or that has been incorporated under chapters 30-36 of this title, lies in two (2) or more counties, the county election commissions of the counties in which the area lies shall jointly conduct elections under chapters 30-36 of this title.
  3. If the area to be incorporated includes inactive voting precincts or portions of inactive voting precincts, or both, the inactive voting precinct or portions of the inactive precincts, or both, shall be included in a contiguous voting precinct. An inactive precinct is one in which a general state election has not been held for five (5) years prior to the date of filing the petition for incorporation.
  4. In no event shall the membership of the council be less than seven (7), and in the event there are not sufficient voting precincts to elect a minimum of seven (7) members, the additional members of the council shall be elected at large. Council members from the city at large shall be voted on by the electors in all voting precincts.
  5. Any city operating under this charter may elect all such council members from the city at large, at its option. The option may be exercised by a private act of the general assembly providing for such when ratified as provided for by article XI, § 9 of the Constitution of Tennessee.
  6. Election to the board of education shall be as provided in chapter 36 of this title.

Acts 1957, ch. 238, § 3.01; 1959, ch. 321, § 1; 1969, ch. 322, § 1; 1972, ch. 740, § 4(49); T.C.A., § 6-3101.

Law Reviews.

Local Government Law — 1959 Tennessee Survey, 12 Vand. L. Rev. 1257 (1959).

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

6-31-102. Time of election of council members.

  1. The first election of council members in any city incorporating under chapters 30-36 of this title shall be had on the fourth Tuesday following the election at which chapters 30-36 of this title have been adopted, and a regular municipal election shall be held biennially thereafter.
    1. Any city operating under this charter may change the date of holding its regular biennial municipal election from the date provided in subsection (a) to the first Tuesday after the first Monday in November, to coincide with the election of members of the general assembly and representatives in the congress of the United States, as provided in § 2-3-203 or to coincide with the August general election. This option may be exercised by ordinance duly adopted in accordance with § 6-32-202. The ordinance changing the election date shall provide for the extension of the terms of council members necessary to meet the election date, but no term may be extended for more than two (2) years beyond its regular expiration date.
    2. Nothing in subdivision (b)(1) shall be construed to remove any incumbent from office or abridge the term of any incumbent prior to the end of the term for which an elected official was selected.
    3. If the council changes the date of municipal elections pursuant to subdivision (b)(1), the council may at a later date change the election date back to what such date was prior to moving the election date to coincide with the August or November general election. The council may only make an election date change under this subdivision (b)(3) one (1) time. Terms of incumbent council members shall not be abridged to accomplish an election date change under this subsection (b); however, council members elected at a date change pursuant to this subsection (b) may take office at a later date so as to not abridge terms of incumbent council members. If such council members take office at a later date, their term may be abridged due to such members having to take office at the later date.

Acts 1957, ch. 238, § 3.02; 1971, ch. 69, § 1; modified; T.C.A., § 6-3102; Acts 2010, ch. 1008, § 3.

6-31-103. Qualifications for voting.

In any election under this charter, registered voters of the city or territory may vote.

Acts 1957, ch. 238, § 3.03; 1972, ch. 740, § 4(50); T.C.A., § 6-3103.

6-31-104. Nonpartisanship.

All elections shall be nonpartisan.

Acts 1957, ch. 238, § 3.04; 1959, ch. 139, § 1; 1972, ch. 740, § 4(51); T.C.A., § 6-3105.

6-31-105. Eligibility for office of council member.

Any qualified voter of the city is eligible for election to the office of council member; provided, that such voter has been a resident of the city for one (1) year next preceding the day of election; and provided further, that before taking office, the voter resigns any state, county, or other municipal office or position of employment that is filled by public election or that is remunerative, except as a notary public or member of the national guard.

Acts 1957, ch. 238, § 3.05; T.C.A., § 6-3106.

6-31-106. Deadline for councilmanic nominations.

The deadline for filing nominating petitions for the first councilmanic election after incorporation is thirty-five (35) days before the councilmanic election will be held.

Acts 1957, ch. 237, § 3.06; 1961, ch. 267, § 1; 1972, ch. 740, § 4(52); T.C.A., § 6-3107.

6-31-107. Term of office.

The terms of council members elected at this and all succeeding elections for the office of council shall be four (4) years. However at the option of the council, an ordinance may be adopted by two thirds (2/3) of the entire membership of the council prescribing and fixing staggered terms for members of the council, and the ordinance may shorten or extend the terms of current members of the council for the sole purpose of staggering the terms, but otherwise the terms of office shall be four (4) years.

Acts 1957, ch. 238, § 3.07; 1959, ch. 139, § 1; T.C.A., § 6-3108; Acts 1993, ch. 353, § 4.

6-31-108. Restrictions on candidates and supporters — Penalty.

If a candidate or any person on such candidate's behalf directly or indirectly gives or promises to any person or persons any office, employment, money, benefit, or anything of value in connection with such candidate's candidacy, upon conviction thereof such person shall be punished by a fine of not more than fifty dollars ($50.00), and shall thereafter be ineligible to hold any office or position of employment in the city government for a period of five (5) years.

Acts 1957, ch. 238, § 3.08; T.C.A., § 6-3109.

6-31-109. Certification of election.

The county election commission or county election commissions shall determine and declare the results of the election and shall certify the results of the election. The chair of the county election commission or the chairs shall by mail send notices of election to the elected candidates, indicating the term to be served by each. A notice of the certification shall be published in a newspaper of general circulation in the city.

Acts 1957, ch. 238, § 3.09; 1963, ch. 389, § 1; 1972, ch. 740, § 4(53); T.C.A., § 6-3110.

6-31-110. Expenses of election.

All expenses of the election shall be borne and paid by the city within six (6) months after the election.

Acts 1957, ch. 238, § 3.10; T.C.A., § 6-3111.

6-31-111. Time of taking office.

Persons elected to the office of council member shall take office the second Tuesday after the election at twelve o'clock (12:00) noon.

Acts 1957, ch. 238, § 3.11; T.C.A., § 6-3112.

6-31-112. Oath of office — Bond.

  1. Every officer or employee before taking any office in the city government shall take, subscribe to and file with the city clerk the following oath or affirmation:

    “I solemnly swear (or affirm) that I possess all the qualifications prescribed for the office (or position) of  , as prescribed by this charter, and that I will support the Constitution and will obey the laws of the United States and of the state of Tennessee, that I will, in all respects, observe the provisions of the charter and ordinances of the city of  , and that I will faithfully discharge the duties of the office (or position) of  .”

  2. Any bond that may be required by law shall be filed with the oath or affirmation in subsection (a) in the office of the city clerk; provided, that the first seven (7) council members elected shall file the oath with the county mayor of the county wherein the city is located. Failure to comply with this section within ten (10) days from the date of election or appointment shall vacate the office involved, unless the council shall, by resolution, extend the time for qualifying.

Acts 1957, ch. 238, § 3.12; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 6-3113; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Part 2
Vacancies

6-31-201. Vacancies in council.

  1. A vacancy shall exist if a council member:
    1. Resigns;
    2. Dies;
    3. Moves the member's residence from the district in which the council member was elected;
    4. Has been continuously disabled for a period of six (6) months so as to prevent the council member from discharging the duties of such office;
    5. Fails to attend sixty percent (60%) of regular council meetings in any period of six (6) consecutive months;
    6. Accepts any state, county or other municipal office or position of employment that is filled by public election or that is remunerative, except as a notary public or member of the national guard; or
    7. Is convicted of malfeasance or misfeasance in office, a felony, a violation of the charter, or a violation of the election laws of the state.
  2. A vacancy shall be filled within thirty (30) days, by an affirmative vote of a majority of the remaining council members, the appointee to serve until the next regular city or county election, whichever is first held. If a tie vote by the council to fill a vacancy is unbroken for thirty (30) days, the mayor shall appoint a qualified person to fill the vacancy. No appointment to fill a vacancy shall be made within sixty (60) days prior to any regular city election.

Acts 1957, ch. 238, § 3.13; 1959, ch. 139, § 1; 1972, ch. 494, § 1; 1974, ch. 755, § 1; T.C.A., § 6-3114.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

Part 3
Recalls

6-31-301. Board of education member — Petition.

  1. Any member of the board of education of the city elected or appointed to fill a vacancy under this charter may be removed from office by the registered voters of the city.
  2. The procedure to effect such removal shall be as follows:
    1. A petition, signed by registered voters equal in number to at least sixty-six percent (66%) of the total vote cast for the candidate for the board of education receiving the highest number of votes at the last regular election, demanding the recall of the person sought to be removed shall be filed with the county election commission, and notice given by the commission of such filing by publication at least once in the official city newspaper, which petition shall contain a general statement of the grounds upon which the removal is sought. The signatures to the petition need not all be appended to one (1) paper, but each signer shall sign such signer's name, and shall place thereon, after such signer's name, the date of signing and such signer's place of residence by street and number or by other customary designation;
    2. To each petition paper there shall be attached a sworn affidavit by the circulator thereof stating the number of signers thereto and that each signature thereon is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant;
    3. Such petition shall be filed with the county election commission, which shall, within fifteen (15) days, canvass the signatures thereon to determine the sufficiency thereof;
    4. A separate petition shall be filed for each person sought to be removed; and
    5. The county election commission shall attach to such petition its certificate showing the result of the examination.

Acts 1957, ch. 238, § 3.14; 1959, ch. 139, § 1; 1972, ch. 740, § 4(54); T.C.A., § 6-3115.

Cross-References. Public schools, title 6, ch. 36.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

Collateral References.

Application of constitutional “compactness requirement” to redistricting. 114 A.L.R.5th 311.

State court jurisdiction over congressional redistricting disputes. 114 A.L.R.5th 387.

Sufficiency of particular charges as affecting enforceability of recall petition. 114 A.L.R.5th 1.

Sufficiency of technical and procedural aspects of recall petitions. 116 A.L.R.5th 1.

6-31-302. Board of education member — Amended petition.

If, by the certificate, the petition is shown to be insufficient, it may be amended within ten (10) days from the date of the certificate. The county election commission shall, within fifteen (15) days after such amendment, make the same examination as provided in § 6-31-301 of the amended petition, and, if its certificate shall hold the same to be insufficient, such petition shall be returned to the persons filing it.

Acts 1957, ch. 238, § 3.15; T.C.A., § 6-3116.

6-31-303. Board of education member — Calling election on recall.

If the county election commission's certificate shows that the petition is sufficient, the commission shall call an election on the question of recall.

Acts 1957, ch. 238, § 3.15; 1972, ch. 740, § 4(55); T.C.A., § 6-3117.

6-31-304. Board of education member — Recall election.

At such election, the voter shall vote either “for recall” or “against recall.” If sixty-six percent (66%) of those voting vote “for recall,” the person named shall be declared removed from office and the office declared vacant. Such vacancy shall be filled as directed in § 6-36-107. The method of removal shall be cumulative and additional to the methods heretofore existing by law. No more than one (1) election for the purpose of recall shall be held in any six-month period, and no such election shall be held within a period beginning ninety (90) days before and ending ninety (90) days after a regular municipal election.

Acts 1957, ch. 238, § 3.16; 1959, ch. 139, § 1; 1972, ch. 740, § 4(56); T.C.A., § 6-3118.

6-31-305. [Obsolete.]

Compiler's Notes. Former § 6-31-305 concerning election of justice of the peace has been deemed obsolete in view of the repeal of Tenn. Const., art. VI, § 15 and the present provisions of §§ 5-5-101, 16-1-112, 16-15-101 and 16-15-501.

6-31-306. City council member — Removal.

  1. Any council member of the city elected or appointed to fill a vacancy under this charter may be removed from office by the voters.
  2. The procedure to effect the removal of the incumbent shall be as follows:
    1. A petition, by registered voters equal in number to at least sixty-six percent (66%) of the total vote cast for the office held by the incumbent at the last regular election, demanding the recall of the person sought to be removed shall be filed with the county election commission, and notice given by the commission of such filing by publication at least once in the official city newspaper, which petition shall contain a general statement of the grounds upon which the removal is sought. The signatures to the petition need not all be appended to one (1) paper, but each signer shall sign such signer's name, and shall place thereon, after such signer's name, the date of signing and such signer's place of residence by street and number, or by other customary designation;
    2. To each petition paper there shall be attached a sworn affidavit by the circulator thereof stating the number of signers thereto, that each signature thereon is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant;
    3. Such petition shall be filed with the county election commission, which shall, within fifteen (15) days, canvass the signatures thereon to determine the sufficiency thereof;
    4. A separate petition shall be filed for each person sought to be removed; and
    5. The county election commission shall attach to such petition its certificate showing the result of the examination.
  3. If the county election commission's certificate shows that the petition is sufficient, the commission shall call an election on the question of recall.

Acts 1959, ch. 140, § 1; 1972, ch. 740, § 4(57); T.C.A., § 6-3120.

6-31-307. City council member — Recall election.

At such election, voters shall vote either “for recall” or “against recall.” If sixty-six percent (66%) of those voters vote “for recall,” the person named shall be declared removed from office and the office declared vacant. Such vacancy shall be filled as directed in § 6-31-201. The method of removal shall be cumulative and additional to the methods heretofore existing by law. No more than one (1) election for the purpose of recall shall be held in any six-month period and no such election shall be held within a period beginning ninety (90) days before and ending ninety (90) days after a regular municipal election.

Acts 1959, ch. 140, § 1; 1972, ch. 740, § 4(58); T.C.A., § 6-3121.

Chapter 32
Council and Mayor Under Modified City Manager-Council Charter

Part 1
Council and Mayor Generally

6-32-101. Regular meetings.

The council shall hold regular meetings at least twice monthly. These meetings shall be held on the second and fourth Tuesdays of each month unless otherwise provided by ordinance; provided, that if a regular meeting date falls on a legal holiday, the meeting shall be held the following day. The council shall provide by resolution for the time of day and place of its meetings. However at the option of the council, an ordinance may be adopted by a two-thirds (2/3) vote of its entire membership to hold regular council meetings once monthly.

Acts 1957, ch. 238, § 4.01; T.C.A., § 6-3201; Acts 1993, ch. 353, § 1.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

6-32-102. Special meetings.

Special meetings shall be called by the clerk on the written request of the mayor, the manager, or any two (2) council members by providing each council member with twenty-four (24) hours written notice served personally or left at each of such council member's usual place of residence. Any special meeting at which all members of the council are present or have waived notice thereof in writing shall be a legal meeting for all purposes. Business transacted at any special meeting shall be limited to subjects recited in the notice of such meeting.

Acts 1957, ch. 238, § 4.02; T.C.A., § 6-3202.

6-32-103. Meetings to be public.

All council meetings shall be open to the public and citizens shall have a reasonable opportunity to be heard. The council shall exercise its powers only at public meetings.

Acts 1957, ch. 238, § 4.03; T.C.A., § 6-3203.

6-32-104. Quorum.

At least one half (½) of the members of the council shall be a quorum for the transaction of business at all council meetings, but, in the absence of a quorum, three (3) members may adjourn the meeting to a later date or may compel the attendance of absent members.

Acts 1957, ch. 238, § 4.04; T.C.A., § 6-3204.

Collateral References.

Abstention from voting of members of municipal council present at session as affecting requisite voting majority. 63 A.L.R.3d 1072.

6-32-105. Attendance and conduct at meetings.

The council may enforce orderly conduct and compel the attendance of its members and other city officers at its meetings. Any member of the council or other officer of the city who refuses to attend meetings when served with notice or acts in a disorderly manner at such meetings commits misconduct in office. Upon council request, the manager shall designate a police official or officer to serve as the sergeant-at-arms of the council.

Acts 1957, ch. 238, § 4.05; T.C.A., § 6-3205.

6-32-106. Mayor.

  1. The council, at its first regular meeting following a regular city election, shall elect one (1) of its members mayor for a term of two (2) years. Whenever a vacancy occurs in the office of the mayor, the council shall elect one (1) of its members to serve until its first regular meeting following the next regular city election.
  2. The mayor shall:
    1. Preside at meetings of the council;
    2. Have a vote on all matters but no veto power;
    3. Be the ceremonial head of the city;
    4. Sign ordinances and resolutions on their final passage;
    5. Sign deeds, bonds and contracts when authorized by the council to do so;
    6. Be the officer to accept process against the city;
    7. Not have any regular administrative duties; and
    8. Perform only such duties as shall be specifically conferred or required by law.

Acts 1957, ch. 238, § 4.06; T.C.A., § 6-3206.

6-32-107. Mayor pro tem.

The council shall choose one (1) of its members mayor pro tem who shall act in the temporary absence or disability of the mayor.

Acts 1957, ch. 238, § 4.07; T.C.A., § 6-3207.

6-32-108. Council rules — Transaction of business.

The council shall determine its own rules and order of business subject to the following provisions:

  1. The affirmative vote of at least one half (½) of the members of the council shall be required to make any authorized appointment or remove such appointees;
  2. All other actions, except those listed in §§ 6-32-102 and 6-32-104, may be passed by the affirmative vote of a majority of those present when there is a quorum;
  3. There shall be a journal of the proceedings of all council meetings, signed by the mayor and clerk and to which the public shall have access at all reasonable times;
  4. A summary of council proceedings shall be published in the official city newspaper within fifteen (15) days after a meeting, showing the substance of each council action;
  5. A vote upon all proposed ordinances and resolutions shall be taken by “yea” and “nay” vote and the vote of each council member entered upon the journal, except that where the vote is unanimous it shall be necessary only to so state;
  6. The journal shall also report the names of the council members present and absent, each motion considered, and the title of each ordinance or resolution considered; and
  7. There shall be no standing committee of the council.

Acts 1957, ch. 238, § 4.08; T.C.A. § 6-3208.

Collateral References.

What constitutes requisite majority of members of municipal council voting on issue. 43 A.L.R.2d 698.

6-32-109. Powers of council.

The council may by resolution subpoena and examine witnesses, order the production of books and papers, and shall have the same powers as a circuit court to punish for refusal to obey such an order or subpoena or for disorderly or contemptuous behavior in the presence of the council. Its presiding officer may administer oaths to witnesses.

Acts 1957, ch. 238, § 4.09; T.C.A., § 6-3209.

6-32-110. Compensation of council and mayor.

  1. Each member of the council shall be compensated at the rate of five dollars ($5.00) per meeting attended but not to exceed one hundred twenty dollars ($120) per year. At the option of the council, an ordinance may be adopted by a two-thirds (2/3) vote of its entire membership to fix the compensation of members of the council at an amount not exceeding one hundred fifty dollars ($150) per month, and the council person serving as mayor not exceeding two hundred dollars ($200) per month, to take effect at the end of the term of the council person whose term last expires.
  2. The mayor shall receive the sum of ten dollars ($10.00) per month, in addition to the mayor's compensation as council member.
  3. All members of the council may be reimbursed for actual and necessary expenses incurred in the conduct of their official duties; provided, that such expenses are approved by the council at one of its regular meetings.

Acts 1957, ch. 238, § 4.10; T.C.A., § 6-3210; Acts 1993, ch. 353, § 5.

Cross-References. Councilmen, minimum salaries in municipalities of over 170,000 population, § 7-51-302.

Chief elected executive, minimum compensation in municipalities of over 170,000 population, § 7-51-301.

Part 2
Ordinances and Regulations

6-32-201. Form of ordinances.

Any action of the council having a regulatory or penal effect, relating to revenue or the expenditure of money, or required to be done by ordinance under this charter, shall be done only by ordinance. Each ordinance shall relate to a single subject, which shall be expressed in a title, and upon passage shall be further identified by a number and, if desirable, a short title. The enacting clause of all ordinances shall be: “Be it ordained by the Mayor and Council members of the City of (here insert name).” Other actions may be accomplished by resolutions or motions. Each motion, resolution and ordinance shall be in written form before being introduced.

Acts 1957, ch. 238, § 5.01; T.C.A., § 6-3211.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

6-32-202. Passage, amendment and repeal of ordinances.

  1. Each ordinance, before being adopted, shall be read at two (2) meetings not less than one (1) week apart, and shall take effect ten (10) days after its adoption; provided, that, where an emergency exists and the public safety and welfare requires it, an ordinance containing a full statement of the facts and reasons for the emergency may be made effective upon its adoption if approved by a majority of the members of the council on two (2) readings on successive days. As used in this subsection (a), “read” means the reading of the caption of the ordinance.
  2. At least the title and a brief summary of each ordinance, except an emergency ordinance, shall be published in the official city newspaper at least one (1) week before final passage, either separately or as part of the published proceedings of the council.
  3. Amendments of ordinances and resolutions or parts thereof shall be accomplished only by setting forth the complete section, sections, subsection, or subsections in their amended form.
  4. An ordinance may be repealed by reference to its number and title only and publication of the ordinance may be similarly limited.

Acts 1957, ch. 238, § 5.02; T.C.A., § 6-3212; Acts 1993, ch. 353, § 2.

Cross-References. Repeal of blue laws by referendum, § 6-32-208.

6-32-203. Ordinances granting permits to use, franchise, and special privileges.

Every proposed ordinance granting any permit or right to occupy or use the streets, highways, bridges, or public places in the city for any purpose or granting any franchise, exclusive contract or other special privilege shall remain on file with the clerk for public inspection for at least two (2) weeks before its final adoption in the complete form in which it is finally passed.

Acts 1957, ch. 238, § 5.03; T.C.A., § 6-3213.

6-32-204. Preservation and publication of ordinances.

  1. All ordinances and their amendments shall be recorded by the clerk in a book to be known as the “ordinance book,” and it shall be the duty of the mayor and clerk to authenticate such records by their official signatures. A separate record shall be maintained for resolutions. The original copies of all ordinances, resolutions, and motions shall be filed and preserved by the city clerk.
  2. At least an abstract of the essential provisions of each ordinance shall be published once in the official city newspaper within ten (10) days after its adoption, except that only the title shall be so published of any technical code adopted by reference.

Acts 1957, ch. 238, § 5.04; T.C.A., § 6-3214.

6-32-205. Codification of ordinances.

The council shall, within one (1) year after the adoption of this charter, and every ten (10) years thereafter, arrange for the codification of all ordinances and resolutions having a regulatory effect or of general application that are to be continued in force. Current loose-leaf editions of the official code shall be maintained and be made available for purchase by the public at a reasonable fee established by the council. The code shall carry notes and cumulative references indicating prior amendments to any section thereof. Copies of the official code may be certified by the city clerk, and when so certified shall be competent evidence in all courts and legally established tribunals as to the matters contained therein.

Acts 1957, ch. 238, § 5.05; T.C.A., § 6-3215.

6-32-206. Rules and regulations.

The council may by ordinance authorize the city manager to formulate and promulgate formal rules and regulations having regulatory effect or of general application on various matters, subject to such restrictions and standards of guidance as the council may prescribe. No such formal rule or regulation shall take effect until it is filed with the city clerk, who shall file and preserve the original copy in such clerk's office. Such rules and regulations shall be included as a separate section of the city code. Amendments of such rules and regulations shall be accomplished only by setting forth complete sections or subsections in their amended form.

Acts 1957, ch. 238, § 5.11; T.C.A., § 6-3216.

6-32-207. Rules of ordinance construction — Severability.

In the construction of the ordinances of the city, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the council. If any portion of an ordinance or the application thereof to any person or circumstances is found to be invalid by a court, such invalidity shall not affect the remaining portions or applications of the ordinance that can be given effect without the invalid portion or application, provided such remaining portions are not determined by the court to be inoperable, and to this end ordinances are declared to be severable.

Acts 1957, ch. 238, § 5.12; T.C.A., § 6-3217.

6-32-208. Repeal of blue laws by referendum.

  1. Any municipality having an ordinance prohibiting retail sales or deliveries of merchandise on Sunday may repeal the same by a referendum election for the ratification or rejection of the ordinance. The mayor and council by resolution may request the county election commission to hold a special or regular referendum election for the ratification or rejection of the Sunday ordinance; provided, that the county election commission receives the necessary resolution requesting the election at least thirty (30) days before the date on which the election is scheduled to be held.
  2. At any such election, the only question submitted to the voters shall be in the following form:

    “For ordinance prohibiting sale or delivery of retail merchandise on Sunday.

    Against ordinance prohibiting sale or delivery of retail merchandise on Sunday.”

  3. The election commission shall certify the result to the mayor and council of the municipality. If a majority of those voting in the referendum favor repeal, the ordinance thereby shall be repealed. If a majority of those voting in the referendum oppose repeal, the ordinance shall continue in effect until legally amended or repealed.
  4. A referendum on this subject shall not be held more than once every twelve (12) months from the date of election.

Acts 1984, ch. 592, § 1.

Cross-References. Repeal of ordinances, § 6-32-202.

Chapter 33
Powers and Offices Under Modified Manager-Council Charter

6-33-101. Powers.

  1. Every territory incorporating under chapters 30-36 of this title has all the powers and authority enumerated in §§ 6-2-201, 6-19-101 and 6-19-102.
  2. In addition to the powers granted in subsection (a), any city incorporated under chapters 30-36 of this title has the power to:
    1. Purchase, acquire, construct, own, operate, maintain, extend, improve, repair, equip and dispose of community antenna television systems or microwave multi-point distribution systems, or both, for the benefit of the citizens of the city. The city may operate any such system as a department or part of a department of the city or place its operation in a separate board or in an existing electric or utility board, as provided by ordinance; and
    2. Borrow money to purchase, acquire, construct, extend, improve, repair or equip any such system and issue its bonds or notes therefor, including refunding bonds, in such form and upon such terms as it may determine. Any such bonds or notes shall be issued pursuant to the procedures set forth in and shall be governed by title 9, chapter 21, including provisions dealing with covenants permitted in bond resolutions, security and remedies of bondholders, and the system described in this subdivision (b)(2) shall be deemed to be a “public works project,” as defined in title 9, chapter 21.

Acts 1957, ch. 238, § 2.01; T.C.A., § 6-3301; Acts 1989, ch. 193, § 1.

Compiler's Notes. Former § 6-2-201, referred to in this section, was repealed by Acts 1991, ch. 154, § 1; a new § 6-2-201 was enacted by Acts 1991, ch. 154, § 1, effective July 1, 1991.

Cross-References. Annexation, title 6, ch. 51, part 1.

Building inspectors, joint hiring authorized, § 6-54-116.

Solid waste energy recovery facilities, construction authorized, title 68, ch. 211, part 5.

Transportation systems, ownership of, title 7, ch. 56.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

Attorney General Opinions. Municipalities have the authority to enact child curfew laws, OAG 00-158, 2000 Tenn. AG LEXIS 161 (10/17/00).

Unless and until the legislature enacts legislation implementing a state lottery, which would include authorization for the sale of lottery tickets statewide, a local government may enact an ordinance prohibiting the sale of lottery tickets within its jurisdiction, OAG 03-004, 2003 Tenn. AG LEXIS 4 (1/17/03).

Cities and counties lack statutory authority to regulate mortgage transactions, OAG 03-016, 2003 Tenn. AG LEXIS 19 (2/11/03).

Adoption of ordinance requiring persons who lease residential real property within a municipality to obtain an annual license and pay a charge for each unit leased, OAG 06-103, 2006 Tenn. AG LEXIS 112 (6/21/06).

Local governments may regulate itinerant vendors and temporary sales activity that takes place along a state highway, OAG 08-188, 2008 Tenn. AG LEXIS 233 (12/16/08).

Regulation of distribution of ephedrine and pseudoephedrine by local governments.  OAG 13-99, 2013 Tenn. AG LEXIS 102 (12/6/13).

6-33-102. City judge — Employees of city court — Compensation — Vacancies — Special judge.

  1. The city judge shall be a person licensed to practice law in the state of Tennessee and shall be elected by popular vote at the same time as provided for election of the governing body of such corporation, and in the same manner as provided for election to the board of education.
  2. Such judge shall be elected for a term of four (4) years.
  3. The city council shall by ordinance provide for the compensation of the city judge and other employees of the court, except that the judge shall be authorized to appoint, promote, suspend, remove or to take any other established personnel action with respect to the court clerk and other court employees consistent with this charter. The compensation fixed for the judge and court employees shall in no way be related to the amount of moneys collected by the court, and the compensation so fixed shall be in lieu of all fees, fines, penalties, forfeitures, or other moneys collected by the court.
  4. A vacancy shall exist if the city judge resigns, dies, or has been continuously disabled for a period of three (3) months so as to prevent the city judge from discharging the duties of office; and such vacancy shall be filled by a majority vote of the city council, the appointee to serve until the next regular city or county election, whichever is first held, at which election a duly qualified person shall be elected to fill the unexpired term of the office.
  5. Whenever the city judge finds it necessary to be absent from holding court, the city judge may designate in writing, to be filed with the clerk of the city court, a name of a special judge to hold court in the city judge's place and stead. The special judge shall be a person who has the qualifications of city judge and the special judge shall take the same oath and have the same authority as the regular city judge to hold court for the occasion.

Acts 1957, ch. 238, § 6.01; 1959, ch. 318, § 1; 1965, ch. 331, § 1; 1973, ch. 57, § 1; T.C.A., § 6-3302.

Cross-References. Judges, municipal, minimum salary in municipalities of over 170,000 population, § 6-56-151.

Law Reviews.

The Tennessee Court System — Municipal Courts, 8 Mem. St. U.L. Rev. 431 (1978).

6-33-103. Operations and jurisdiction of city courts.

A city court is created to be administered and presided over by a city judge. The judge of the city court shall have jurisdiction in and over all cases for the violation of and all cases arising under the laws and ordinances of the city. The city judge, in all cases heard or determined by such city judge for offenses against the corporate laws and ordinances, shall set and collect municipal court costs in accordance with § 16-18-304, and shall levy and collect the litigation tax in accordance with § 16-18-305. In all cases where the offender is committed to the jail or workhouse for failure to pay fines, costs or forfeitures, the offender shall be credited with two dollars ($2.00) for each day's imprisonment. The city judge shall be vested with the jurisdiction formerly exercised by justices of the peace in all cases of violation of the criminal laws of the state within the limits of the city. Warrants, subpoenas, orders and other processes of the court shall be executed by the police officers of the city who for such purposes shall have the same powers and authority of a sheriff in executing process of a circuit court. The council may authorize any officer or employee of the court to accept pleas of guilty and to fix fines in cases of minor traffic violations, as defined by the city council, and to issue warrants and accept bail bonds. All fines, penalties, forfeitures, and money collected by the court, or the officers and employees thereof, shall be promptly turned over to the city treasury. The council shall require an audit of the accounts of the court at least annually. The records of the court shall be prescribed by ordinance.

Acts 1957, ch. 238, § 6.02; 1978, ch. 909, §§ 1, 2; impl. am. Acts 1979, ch. 68, § 3; modified; T.C.A., § 6-3303; Acts 2004, ch. 914, § 6c; 2009, ch. 146, § 1.

Law Reviews.

The Tennessee Court System — Municipal Courts, 8 Mem. St. U.L. Rev. 431 (1978).

Attorney General Opinions. City courts have jurisdiction to enforce a child curfew law against a parent, OAG 00-158, 2000 Tenn. AG LEXIS 161 (10/17/00).

6-33-104. Removal of city judge.

The city judge shall be subject to removal from office for the same causes and in the same manner as provided for the removal of public officers by title 8, chapter 47. In case of the absence or inability of the judge to serve, the city council may appoint and fix the compensation of an acting city judge who may be removed at any time without cause. Except as provided in this chapter, officers and employees of the court are also subject to § 6-35-403.

Acts 1957, ch. 238, § 6.03; 1959, ch. 318, § 2; T.C.A., § 6-3304.

6-33-105. Advisory boards.

The council shall by ordinance create a personnel advisory board and may create such other boards advisory to the council and manager with respect to specific municipal functions as it may deem necessary, prescribing in each case the number, manner of appointment, length of term, and advisory duties of members of such boards who shall serve without compensation but may be reimbursed for necessary expenses incurred in official duties.

Acts 1957, ch. 238, § 6.13; T.C.A., § 6-3305.

6-33-106. Planning commission.

The council shall establish a planning commission, and may by ordinance within the framework of this charter, exercise authority in the fields of planning, zoning, subdivision control and related activities as provided by general laws of the state. The rules and regulations of the planning commission shall have no force or effect unless approved by the council. No later than ninety (90) days prior to each fiscal year, the planning commission shall submit to the city manager a long-term capital improvement program with recommendations as to the priority of individual projects and the methods of financing them. The members of the planning commission shall serve without compensation, but may be reimbursed for necessary expenses incurred in official duties.

Acts 1957, ch. 238, § 6.14; T.C.A., § 6-3306.

6-33-107. Intergovernmental and interlocal agreements and contracts.

  1. In addition to other powers granted in this charter, the city council has the power to contract and cooperate with any other municipality or other political subdivision of the state, or with an elective or appointive official thereof, or with any duly authorized agency of the federal or state government for:
    1. The planning, development, construction, acquisition, or operation of any public improvement, utility, or facility;
    2. A common public service;
    3. Having the same individuals serve as officers or employees in more than one (1) political subdivision or federal or state agency, or any of these subdivisions or agencies, on a part-time basis in each;
    4. The construction or operation of federally-owned utilities and other property on behalf of the federal government;
    5. The acquisition by gift or by transfer or by purchase of federal property and if by purchase for the financing of its acquisition;
    6. Entering into contracts relating to acceptance of payments in lieu of taxes or state, federal, or other contributions; and
    7. The furnishing of services to the federal government and its designees, outside the city limits as well as within.
  2. The subject and purpose of any such contract or cooperative action made and entered into by the council shall be within the scope of the powers of the city.

Acts 1957, ch. 238, § 6.15; T.C.A., § 6-3307.

Collateral References.

Power of municipalities or other political subdivision to engage in a joint project or enterprise. 123 A.L.R. 997.

6-33-108. Powers under cooperative agreements.

  1. The city council may exercise the powers conferred in § 6-33-107 by ordinance setting out the terms agreed upon by the parties to such a contract or cooperative action. The parties to such a contract or cooperative action, or any of them, may acquire, by gift or purchase, or by the power of eminent domain exercised by one (1) or more of the parties, the lands, buildings, and other property necessary or useful for the purposes of the contract or cooperative action, either within or without the corporate limits of one (1) or more of the contracting parties, and shall have the power to hold or acquire such lands as tenants in common. The city may provide for the financing of its share or portion of the cost or expenses of such a contract or cooperative action in the same manner and by the same procedure for the financing by the city of the subject and purposes of the contract or cooperative action as if acting alone and on its own behalf.
  2. Such contract also may provide for the establishment and selection of a joint commission, officer, or officers to supervise, manage, and have charge of such joint service or project, and may provide for the powers and duties, terms of office, compensation, if any, and other provisions relating to the members of such joint commission, officer, or officers. Such contract may include and specify terms and provisions relative to the termination or cancellation of the contract or cooperative action by ordinance or resolution, and the notice, if any, to be given of such termination or cancellation; provided, that such termination or cancellation shall not relieve any party participating in such contract or cooperative action from any obligation or liability for its share of the cost or expense incurred prior to the effective date of any such termination or cancellation.

Acts 1957, ch. 238, § 6.16; T.C.A., § 6-3308.

Collateral References.

Power of municipalities or other political subdivisions to engage in a joint project or enterprise. 123 A.L.R. 997.

6-33-109. Liability of officers under cooperative agreements.

All public officers acting under the authority of a contract or cooperative action under § 6-33-107 or § 6-33-108 are deemed to be subject to the same liabilities to which they would have been subjected for actions occurring entirely within their own territorial limits.

Acts 1957, ch. 238, § 6.17; T.C.A., § 6-3309.

6-33-110. Deposits and disbursements of funds under cooperative agreements.

All money received pursuant to any such contract or cooperative action, under § 6-33-107 or § 6-33-108, unless otherwise provided by law, shall be deposited in the appropriate fund or funds and disbursed in accordance with such contract or cooperative action.

Acts 1957, ch. 238, § 6.18; T.C.A., § 6-3310.

6-33-111. Franchises.

  1. No franchise or grant for the operation of a water, electric, telephone, steam, or public transportation or other utility that is not revocable at the will of the council shall be granted or become operative, except by ordinance. Such ordinance shall become effective thirty (30) days after its adoption by the council unless twenty percent (20%) of the qualified electors of the city sign a petition and present it to the council during such thirty-day period requesting that the ordinance be referred to the electors, in which case it must receive the approval of a majority of the electors voting thereon at a municipal election, and all renewals, extensions and amendments thereof shall be granted only in the same manner.
  2. All public utility franchises granted under this charter shall be subject to the following rights of the city; provided, that this enumeration is not to be construed as being exclusive or as impairing council authority to impose any condition that may be in the municipal interest and within the power of the city to impose or require:
    1. To revoke for misuse, or nonuse, or for failure to comply with the provisions thereof;
    2. To require proper and adequate provision, extension, and maintenance of plant and service at the highest practicable standard of performance;
    3. To establish reasonable standards of service and prevent unjust discrimination in service or rates;
    4. To require uninterrupted service to the public in accordance with the terms of the franchise throughout the entire period thereof; and
    5. To impose such other regulations as may be determined by the council to be necessary to the health, safety, welfare, and accommodation of the public.
  3. The council may institute such actions or proceedings as may be necessary to enforce a franchise and may revoke, cancel, or annul all franchises that have become inoperative, illegal, or void and not binding upon the city. Subject to state law, all public utility franchises shall prescribe the manner of fixing rates, fares, and charges, and the readjustments thereof at reasonable intervals at the discretion of the city. The value of the property of the utility used as a basis for fixing such rates, fares, and charges shall in no event include a value predicated upon the franchise, good will, or prospective profits.
  4. This section shall not be construed to repeal, abridge, modify or supersede any statute or law of the state pertaining to the Tennessee public utility commission or the regulation of public utilities which are subject to its jurisdiction, and subdivisions (b)(2), (3), and (4) shall not apply to any public utility over which the commission exercises regulatory authority.

Acts 1957, ch. 238, § 6.35; T.C.A., § 6-3311; Acts 1995, ch. 305, § 72; 2017, ch. 94, §§ 7, 78.

Amendments. The 2017 amendment, in (d), substituted “Tennessee public utility commission” for “Tennessee regulatory authority”, and substituted “the commission exercises” for “the authority exercises”.

Effective Dates. Acts 2017, ch. 94, § 83. April 4, 2017.

Collateral References.

Municipality's liability in damages for refusal to grant franchise. 37 A.L.R.2d 694.

Inclusion of different franchise rights or purposes in same ordinance. 127 A.L.R. 1049.

6-33-112. Official city newspaper.

The council by resolution shall designate a newspaper of general circulation in the city as the official city newspaper.

Acts 1957, ch. 238, § 9.03; T.C.A., § 6-3312.

6-33-113. City attorney.

  1. The council shall appoint a city attorney, together with such assistant city attorneys as the council shall determine are required.
  2. The city attorney shall:
    1. Be responsible for representing and defending the city in all litigation in which the city is a party;
    2. Be the prosecuting officer in the city court;
    3. Attend all meetings of the council;
    4. Advise the council, city manager and other officers and employees of the city concerning legal aspects of the city's affairs;
    5. Approve as to form and legality all contracts, deeds, bonds, ordinances, resolutions, motions, and other official documents; and
    6. Perform such other duties as may be prescribed by the council or city manager.

Acts 1961, ch. 255, § 2; T.C.A., § 6-3313.

Chapter 34
Taxation and Issuance of Obligations Under Modified Manager-Council Charter

Part 1
Equalization Board

6-34-101. Establishment.

The council shall establish an equalization board, and shall appoint each year three (3) persons who are property owners and qualified voters of the city for a one-year term.

Acts 1957, ch. 238, § 6.05; T.C.A., § 6-3402.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

6-34-102. Powers and compensation.

  1. The equalization board may increase assessments made, and may add assessments omitted by the city assessing officer, but it may decrease individual assessments or strike erroneous assessments from the assessment roll only on appeals from interested parties. It may increase or decrease the assessment of all property or of any class of property by a uniform percentage, in which case the requirement of notice and hearing shall not apply, but a notice of such blanket increase or decrease shall be inserted once in the official city newspaper.
  2. The members of the board may receive such compensation on a per diem basis for each day of duty as provided by ordinance.

Acts 1957, ch. 238, § 6.06; T.C.A., § 6-3403.

6-34-103. Sessions.

The equalization board shall begin and end its work at times to be prescribed by ordinance, which times shall be so established that the assessment roll may be completed and tax bills may be prepared before the tax due date.

Acts 1957, ch. 238, § 6.07; T.C.A., § 6-3404.

6-34-104. Reports to council.

The equalization board, upon completion of its work, shall submit a written report to the council, including total increases and decreases made by it and the final total assessment of each class of property.

Acts 1957, ch. 238, § 6.08; T.C.A., § 6-3405.

Part 2
Assessment and Levy

6-34-201. Assessments generally.

The council may, by ordinance, provide for the assessment, by city assessing personnel, of property lying within the corporate limits, or may enter into any necessary agreements with the appropriate county officials for joint assessments by the city and county, or may elect to use county assessments. There shall be added to any county assessment any property omitted from such assessments.

Acts 1957, ch. 238, § 6.04; T.C.A., § 6-3401.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

6-34-202. Notice and hearing on assessments — Appeal.

  1. Every owner of property liable for taxes based on increased or new assessment shall be sent the notice thereof by ordinary mail or by personal service. If the owner of such property is unknown, or is a nonresident of the state with no known agent in the state, a notice stating the time and place when the taxpayer may be heard shall be posted on the property at least ten (10) days in advance of the date set for the hearing.
  2. A notice of the board's decision shall be mailed to the taxpayer within five (5) days after the hearing.
  3. Thereafter appeals may be taken as provided by general law.
  4. If the taxpayer fails to appear at such hearing, or does not file an appeal within the time allowed by general law, the assessment shall stand.

Acts 1957, ch. 238, § 6.09; T.C.A., § 6-3406.

6-34-203. Levy, due date, and delinquencies.

Unless otherwise provided by ordinance, the schedule for levy, due date and delinquencies shall be the same as provided by general law for counties; provided, that the tax levy shall be set by council not later than sixty (60) days preceding the new fiscal year, except as provided in § 6-34-204.

Acts 1957, ch. 238, § 6.10; T.C.A., § 6-3407.

6-34-204. Levy for school budget.

In the event a tax levy for the fiscal year is found to be insufficient to meet the requirements of a school budget increased by reason of a referendum provided for in § 6-36-114, the council shall have authority to amend the tax levy ordinance so as to raise the levy contained therein in an amount sufficient to cover the deficiency.

Acts 1957, ch. 238, § 6.11; T.C.A., § 6-3408.

6-34-205. Previous year's levy to continue if no levy made.

If no levy is made at the time fixed for the levy, the previous year's levy shall continue in effect.

Acts 1957, ch. 238, § 6.12; T.C.A., § 6-3409.

Part 3
Notes and Bonds [Repealed]

6-34-301 — 6-34-317. [Repealed.]

Compiler's Notes. Former part 3, §§ 6-34-3016-34-317 (Acts 1957, ch. 238, §§ 6.19-6.34; 1963, ch. 186, § 1; 1969, ch. 43, § 1; 1972, ch. 740, § 4(59); 1982, ch. 580, § 1; T.C.A., §§ 6-3410 — 6-3426), concerning notes and bonds, was repealed by Acts 1988, ch. 750, § 9.

Chapter 35
City Manager—Administration of City Affairs Under Modified Manager-Council Charter

Part 1
General Provisions

6-35-101. Administrative organization.

  1. Within the framework established by this charter, the administrative organization of the city shall be organized into departments of general government, finance, and such other departments necessary to provide health, welfare, police, recreation, fire, library, public works, utilities and other municipal services as shall be provided in a plan of administrative organization to be developed by the city manager and submitted to the council for approval and adoption by ordinance.
  2. The council may by ordinance amend the plan of administrative organization only after receiving the written recommendations of the city manager.
  3. Administrative regulations governing the operations and relationships of departments, agencies, and offices within the administrative organization shall be prepared and issued by the city manager; provided, that the authority to prepare and issue departmental rules and regulations may be delegated to designated subordinates.

Acts 1957, ch. 238, § 7.06; T.C.A., § 6-3505.

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, § 63.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

6-35-102. Disposal of utility plants and property.

  1. The city shall not sell, exchange, lease, or in any way alienate or dispose of the property, easements, or other equipment, privileges or assets that are essential parts of any utility that it may acquire, unless and except the proposition for such purpose shall first have been submitted and approved by a majority vote of the electors voting thereon at a municipal election in the manner provided in this charter.
  2. All contracts, negotiations, licenses, grants, leases, or other forms of transfer in violation of this provision shall be void and of no effect as against the city.
  3. This section shall not, however, be interpreted to preclude the sale, exchange, or other disposal to the advantage of the city, of parts of a utility's property and assets that are not essential to continued effective utility service and the disposal of which will not prejudice municipal interests.

Acts 1957, ch. 238, § 7.36; T.C.A., § 6-3536.

Collateral References.

Power of municipality to sell, lease, or mortgage municipal waterworks, gas or electric light plant, or interest therein. 61 A.L.R.2d 595.

Part 2
City Manager

6-35-201. Appointment and qualifications.

  1. The council shall appoint a chief administrative officer of the city who shall be the city manager, and who shall serve at the pleasure of the council.
    1. The manager shall be selected on the basis of training, experience, and other administrative qualifications for the office and without regard to such person's political or religious preference or such person's place of residence at the time of appointment.
    2. No council member shall be eligible for the position of manager within two (2) years after the expiration of the member's latest councilmanic term.

Acts 1957, ch. 238, § 7.01; T.C.A., § 6-3501.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

6-35-202. Temporary absence or disability.

The council may designate a qualified administrative officer of the city to assume the duties and authority of the manager during periods of vacancy in the office, temporary absences or disability of the manager.

Acts 1957, ch. 238, § 7.02; T.C.A., § 6-3502.

6-35-203. Council-manager relationships.

  1. The manager shall be responsible to the council for the administration of all units of the city government under the manager's jurisdiction and for carrying out policies adopted by the council.
    1. Except for the purpose of inquiry, the council and its members shall deal with the administrative officers and employees solely through the manager.
    2. Neither the council nor any member thereof shall give orders to the manager's subordinates or otherwise interfere with managerial functions through such means as directing or requesting the appointment or removal of any of the manager's subordinates, or the making of particular purchases from, or contracts with, any specific organization.
  2. The office of any council member violating any provision of this section shall immediately become vacant upon such person's conviction in a court of competent jurisdiction.

Acts 1957, ch. 238, § 7.03; T.C.A., § 6-3503.

6-35-204. Powers and duties.

The manager shall:

  1. Supervise the administrative affairs of the city;
  2. Be charged with the preservation of the public peace and health, the safety of persons and properties, and the enforcement of the laws, ordinances, and franchises, and the development and utilization of the city's resources;
  3. Make such reports and recommendations as the manager may deem desirable and perform such other duties as may be prescribed by this charter or required of the manager by ordinance or resolution of the council not inconsistent with this charter; and
  4. Have the right to take part in the discussion of all matters coming before the council, but not the right to vote.

Acts 1957, ch. 238, § 7.04; T.C.A., § 6-3504.

6-35-205. Purchasing.

  1. Except as provided in § 6-36-115, the manager shall be responsible for all city purchasing but may delegate such duty to any subordinate appointed by the manager.
    1. Competitive prices for all purchases and public improvements shall be obtained whenever practicable and in accordance with regulations established by ordinance, and the purchase made from or the contract awarded to the lowest responsible bidder; provided, that the city shall have the power to reject any and all bids.
    2. Formal sealed bids shall be obtained in all transactions involving the expenditure of ten thousand dollars ($10,000) or more, and the transaction shall be evidenced by written contract submitted to and approved by the council; provided, that in cases where the council indicates by formal unanimous resolution of those present at the meeting, based upon the written recommendation of the manager, that it is clearly to the advantage of the city not to contract with competitive bidding, it may authorize noncompetitive contracts.
    3. The council may also authorize the making of public improvements or the performing of any other city work by any city department or agency without competitive bidding.
  2. Purchasing and contract procedures not prescribed by this charter or other law may be established by ordinance.

Acts 1957, ch. 238, § 7.19; T.C.A., § 6-3518; Acts 1993, ch. 353, § 3; 2002, ch. 543, § 1.

Collateral References.

Liability of municipality on quasi contract for value of property or work furnished without compliance with bidding requirements. 33 A.L.R.3d 1164.

Right of municipal corporation to recover back from contractor payments made under contract violating competitive bidding statute. 33 A.L.R.3d 397.

6-35-206. Management of city property and equipment — Lease of property and equipment to contractors for city services.

  1. The management of all city property and equipment, except school property and equipment, shall be the responsibility of the city manager who shall prepare for the approval of the council regulations governing the acquisition, custody, use and disposal of all such property and equipment. Such regulations shall provide for a regular inventory, appraisal and marking of all such property and shall require that the disposal of any city property and equipment shall be by sale, with sealed bids taken or public auction held on such property and equipment valued at more than five hundred dollars ($500); provided, that any sale for more than one thousand dollars ($1,000), or any sale of real estate shall be subject to the approval of the city council.
    1. The mayor and city council may by ordinance authorize the city to enter into contracts for city services and may lease machinery, equipment, and real property belonging to the city to such contractors to provide for city services. The contracts shall contain such terms and conditions as may be agreed upon by the city and the contractor; provided, that any contract shall be performed within the term of the mayor and city council authorizing it. The contractor shall be paid for the service from reasonably anticipated taxes or other revenue. Notwithstanding  § 6-35-205, no contract for a city service or the leasing of machinery, equipment, or real property by the contractor shall be subject to competitive bids.
    2. Subdivision (b)(1) applies only to cities with populations greater than eleven thousand eight hundred twenty-five (11,825) but less than twelve thousand twenty-five (12,025), according to the 1970 federal census or any subsequent federal census, and that are located in counties with populations greater than twenty-nine thousand nine hundred (29,900) but less than thirty thousand (30,000), according to the 1970 federal census or any subsequent federal census.
    3. Subdivision (b)(1) is applicable only to garbage collection and fire protection services.

Acts 1957, ch. 238, § 7.20; T.C.A., § 6-3519; Acts 1981, ch. 496, §§ 1, 2.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Part 3
Financial Matters

6-35-301. Collection of taxes.

The city manager or administrative personnel appointed by the city manager shall make use of every method provided by general law to ensure the collection of taxes due the city, and shall also be authorized to use and shall use, if necessary, the methods now available to cities organized under the uniform city manager-commission charter, §§ 6-22-1106-22-115.

Acts 1957, ch. 238, § 7.09; T.C.A., § 6-3508.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

6-35-302. Administration of finances.

The city manager or an officer appointed by the city manager shall have charge of the administration of the financial affairs of the city. There shall be maintained such accounting controls over the finances of the city and such financial reports as may be required by this charter, by ordinance, or by the manager. The manager shall provide for the auditing, approving and payment of all claims against the city.

Acts 1957, ch. 238, § 7.10; T.C.A., § 6-3509.

6-35-303. Fiscal year.

The fiscal year of the city shall begin on July 1 and shall end on June 30 of the succeeding year, but another fiscal year may be fixed by ordinance for the entire city government or for any utility.

Acts 1957, ch. 238, § 7.11; T.C.A., § 6-3510.

6-35-304. Preparation and contents of budget.

  1. On or before a date fixed by the council, but not later than ninety (90) days prior to the beginning of the fiscal year, the manager shall submit to the council a proposed budget for the next fiscal year.
  2. The budget shall present a complete financial plan for the ensuing year, including at least the following information:
    1. Detailed estimates of all proposed expenditures for each department, board, office or other agency of the city, showing in addition the expenditures for corresponding items for the last preceding fiscal year, appropriations and anticipated expenditures for the current fiscal year, and reasons for recommended departures from the current expenditure pattern;
    2. Statements of the bonded and other indebtedness of the city, including the debt redemption and interest requirements, the debt authorized and unissued, and the condition of the sinking funds;
    3. Detailed estimates of all anticipated revenues of the city from all sources, including current and delinquent taxes, nontax revenues and proceeds from the sale of any bonds, with a comparative statement of the amounts received by the city from each of such sources for the last preceding fiscal year, the current fiscal year, and the coming fiscal year;
    4. A statement of the estimated balance or deficit, as of the end of the current fiscal year; and
    5. Such other supporting schedules as the council may request, or are otherwise required by law.

Acts 1957, ch. 238, § 7.12; T.C.A., § 6-3511.

6-35-305. Capital budget program.

As a part of the annual budget, the city shall include a statement of pending capital projects and proposed new capital projects, relating the respective amounts proposed to be raised therefor by appropriations in the budget and the respective amounts, if any, proposed to be raised therefor by the issuance of bonds during the fiscal year. The city manager shall also include in the message, or attach thereto, a program of proposed capital projects for the five (5) fiscal years next succeeding the budget year, prepared by the planning commission, together with the city manager's comments thereon and any estimate of costs.

Acts 1957, ch. 238, § 7.13; T.C.A., § 6-3512.

6-35-306. Public hearing on budget — Budget as public record — Distribution.

  1. A public hearing on the budget shall be held before its final adoption by the council, at such time and place as the council shall direct, and notice of such public hearing shall be published ten (10) days in advance of the date of the hearing. All persons present shall be given a reasonable opportunity to be heard for or against the estimates of any item in the budget.
  2. The budget and budget message and all supporting schedules shall be a public record in the office of the city clerk, open to public inspection by anyone.
  3. The city manager shall cause sufficient copies of the budget and budget message to be prepared for distribution to interested persons at least ten (10) days before the hearing.

Acts 1957, ch. 238, § 7.14; T.C.A., § 6-3513.

6-35-307. Adoption of appropriation ordinance.

  1. Before the beginning of the next fiscal year, the council shall adopt an appropriation ordinance, based on the city manager's budget with such modifications as the council considers necessary or desirable; provided, that modifications in the school budget as submitted by the board of education shall be subject to the limitations of § 6-36-113.
  2. Appropriations need not be in more detail than a lump sum for each fund.
  3. The council shall not make any appropriations in excess of estimated revenue, except to provide for an actual emergency threatening the health, property or lives of the inhabitants of the city and declared by a unanimous vote of all members of the council present, when there is a quorum.
  4. If for any reason an appropriation ordinance is not adopted prior to the beginning of the next fiscal year, the appropriations for the last fiscal year shall become the appropriations for the next fiscal year, until the adoption of the new appropriation ordinance.
  5. The appropriation ordinance, insofar as it relates to the appropriation for schools, shall be further subject to § 6-36-114.

Acts 1957, ch. 238, § 7.15; T.C.A., § 6-3514.

6-35-308. Amendment to appropriation ordinance.

Amendments may be made to the original appropriation at any time during a current fiscal year after a public hearing before the council on five (5) days' notice published once in the official city newspaper; provided, that increased appropriations may be made only after the city manager has certified in writing that a sufficient amount of unappropriated revenue will be available, except for emergency appropriations as provided in § 6-35-307.

Acts 1957, ch. 238, § 7.16; T.C.A., § 6-3515.

6-35-309. Unexpended appropriation to lapse.

Any portion of an annual appropriation remaining unexpended and unencumbered at the close of a fiscal year shall lapse and be credited to the general fund, except that any balance remaining in any other fund at the end of a fiscal year may remain to the credit of that fund and be subject to further appropriation.

Acts 1957, ch. 238, § 7.17; T.C.A., § 6-3516.

6-35-310. Budget control.

At the beginning of each quarterly period during the fiscal year, and more often if required by the council, the manager shall submit to the council data showing the relation between the estimated and actual revenues and expenditures to date. If it shall appear that the revenues are less than anticipated, the council may reduce the appropriations, as prescribed in § 6-35-308, except amounts required for debt and interest charges, and with the further exception that reductions in school appropriation shall be as to total amount only, to such a degree as may be necessary to keep expenditures within the receipts. The manager may provide for monthly or quarterly allotments of appropriations to all departments, agencies or activities within the manager's jurisdiction under such rules as the manager shall prescribe, and make transfers between departments, agencies, or activities within each fund, and when authorized by the city council, from one (1) fund to another; provided, that any transfer of moneys from the city school fund to any other fund shall be made only with the concurrence of the board of education.

Acts 1957, ch. 238, § 7.18; T.C.A., § 6-3517.

6-35-311. Annual audit.

At the end of each fiscal year, an audit shall be made of the accounts and funds of the city covering the operations of the past fiscal year, by a certified public accountant selected by the council. The council may employ certified public accountants to audit all or any of its accounts and funds at the time it takes office or at any time it may deem expedient to assure correctness thereof.

Acts 1957, ch. 238, § 7.21; T.C.A., § 6-3520.

6-35-312. Fees.

All fees received in handling city business by any officer or employee shall belong to the city and shall be paid promptly into the city treasury, except fees received by school officers and employees, which shall be paid into the city school fund.

Acts 1957, ch. 238, § 7.22; T.C.A., § 6-3521.

6-35-313. Depositories of municipal funds.

    1. The council, at a regular meeting, shall adopt a resolution to contract with a bank or banks making the best proposal to become the depository of municipal funds.
    2. Before entering into a contract under subdivision (a)(1), the city manager or an officer appointed by the city manager shall review and analyze the proposals from the banks and submit an analysis of the proposals to each member of the council at or before the next meeting of the council. The analysis of the proposals should consider the bank or banks proposing the highest interest rate, potential service charges or other fees, factors affecting safety and liquidity of municipal funds, and any other relevant factors.
  1. The council shall require any bank that becomes a depository of municipal funds to secure the funds by collateral in the same manner and under the same conditions as state deposits under title 9, chapter 4, parts 1 and 4, or as provided in a collateral pool created under title 9, chapter 4, part 5.
  2. Notwithstanding any law to the contrary, at least once every four (4) years, the city manager or an officer appointed by the city manager shall reevaluate the contracts entered into pursuant to subsection (a). The city manager or an officer appointed by the city manager shall base its evaluation on proposals obtained from at least two (2) banks. The city manager or an officer appointed by the city manager shall prepare a written evaluation of the proposals and preserve the evaluations for at least three (3) years.

Acts 1957, ch. 238, § 7.23; T.C.A., § 6-3522; Acts 1994, ch. 752, § 6; 2019, ch. 277, § 3.

Amendments. The 2019 amendment rewrote this section, which read: “(a) The council shall designate a commercial bank or banks as depository or depositories for city funds and shall provide for the regular deposit of all city moneys.“(b) The council shall require any city funds deposited with a financial institution to be secured by collateral in the same manner and under the same conditions as state deposits, under title 9, chapter 4, parts 1 and 4, or as provided in a collateral pool created under title 9, chapter 4, part 5.”

Effective Dates. Acts 2019, ch. 277, § 5. July 1, 2019.

6-35-314. Financial records of utilities.

Separate financial and accounting records shall be maintained for each utility in accordance with accepted principles of utility accounting and as may be required by the city council, without impairing the authority of the city to manage and operate the utilities with the same personnel and equipment.

Acts 1957, ch. 238, § 7.35; T.C.A., § 6-3535.

6-35-315. Annual operating budget — Publication — Budgetary comparison.

  1. Notwithstanding any other law to the contrary, the governing body shall publish the annual operating budget and budgetary comparisons of the proposed budget with the prior year's actual figures and the current year's estimated figures, which information shall include the following:
    1. Revenues and expenditures for the following governmental funds: general, streets/public works, general purpose school and debt service;
    2. Revenues for each fund shall be listed separately by local taxes, state of Tennessee, federal government and other sources;
    3. Expenditures for each fund shall be listed separately by salaries and other costs;
    4. Beginning and ending fund balances shall be shown for each fund; and
    5. The number of full-time equivalent employee positions shall be shown for each fund.
  2. The publication shall be in a newspaper of general circulation and shall be published not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget.

Acts 1991, ch. 484, § 10; 1992, ch. 760, § 6.

Part 4
Officers and Employees

6-35-401. City clerk.

The city manager shall appoint a city clerk, together with such deputy city clerks as may be authorized by ordinance. The city clerk shall be responsible for keeping and preserving the city seal and all records of the council, attending meetings of the council and keeping a journal of proceedings at such meetings, preparing and certifying copies of official records in the city clerk's office, for which fees may be prescribed by ordinance, and performing all other duties as are prescribed by the council or city manager.

Acts 1957, ch. 238, § 7.08; T.C.A., § 6-3507.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

6-35-402. Appointment, removal and supervision of personnel.

The manager has the power to appoint, promote, suspend, transfer, and remove, or to take any other established personnel action consistent with  §§ 6-35-4036-35-411 with regard to all administrative officers and employees of the city responsible to the manager; or the manager may, at the manager's discretion, authorize the head of a department or office responsible to the manager to take such actions regarding subordinates in such department or office. The manager shall appoint such heads of administrative offices, organization units, and activities as the manager may deem necessary. The manager may combine, or personally hold, any such administrative offices established pursuant to this section or otherwise established, or may delegate parts of the duties of the manager's office to designated subordinates.

Acts 1957, ch. 238, § 7.05; T.C.A., § 6-3523.

6-35-403. Merit system.

  1. The policy of the city shall be to employ those persons best qualified to carry out the functions of the city. To this end, the council shall, by ordinance, establish a merit system providing for the appointment and promotion of city officers and employees solely on the basis of competence and fitness.
  2. All officers and employees shall be included in such merit system, except:
    1. Council members;
    2. Members of boards who are not city employees;
    3. The manager and the manager's secretary;
    4. Department heads; and
    5. Organizations and their employees and other persons who are engaged by the city on a contractual basis.

Acts 1957, ch. 238, § 7.24; T.C.A., § 6-3524.

6-35-404. Manager to administer personnel system.

  1. The manager shall be responsible for the administration of the merit system. The manager shall:
    1. With the advice of the personnel advisory board, develop, maintain, and apply suitable provisions for the classification of positions and for the recruitment, compensation, training, promotions and disciplinary and related aspects of personnel management; and
    2. Develop and revise, as necessary, a comprehensive pay plan and personnel rules setting forth employment conditions.
  2. The personnel advisory board shall review such plans and rules and proposed revisions thereof, and submit them to the council with recommendations for adoption.

Acts 1957, ch. 238, § 7.25; T.C.A., § 6-3525.

6-35-405. Investigation of complaints by personnel advisory board.

  1. The personnel advisory board shall investigate complaints made to it in writing by any officer or employee who is included in the merit system and who is suspended or removed from such officer's or employee's position or otherwise adversely affected by a personnel action.
    1. If, in the opinion of the board, the procedures established for such personnel action were not complied with, the board shall make decisions that shall be binding on the administrative officer of the city.
    2. In all other cases, the board shall report its findings and recommendations, which shall be advisory in nature, in writing to the manager, and the decision of the manager shall be final. In all such cases any such officer or employee shall have the right to common law certiorari to review the action of the board and the manager.

Acts 1957, ch. 238, § 7.26; T.C.A., § 6-3526.

Cross-References. Advisory boards, § 6-33-105.

6-35-406. Personnel advisory board to assist manager.

The personnel advisory board shall assist the manager in other personnel matters as may be set forth by ordinance and may investigate and make recommendations and reports to the council and manager on improvements in conditions of municipal employment and on significant violations of the principles of sound personnel administration.

Acts 1957, ch. 238, § 7.27; T.C.A., § 6-3527.

Cross-References. Advisory boards, § 6-33-105.

6-35-407. Compensation.

Except as otherwise provided in this charter, the compensation of all officers and employees of the city shall be fixed by the manager within the limits of budget appropriations and in accordance with a comprehensive pay plan adopted by the council.

Acts 1957, ch. 238, § 7.28; T.C.A., § 6-3528.

6-35-408. Disposition of fees and commissions.

The compensation of officers and employees as fixed or otherwise provided for by this charter shall be in full payment for all official services of such officers or employees, and shall be in lieu of any and all fees, commissions, and other compensation that may be receivable by such officers in performance of the duties of their offices. Such fees, commissions and compensation shall belong to the city, be collected and accounted for by such officers, and be paid over to the city.

Acts 1957, ch. 238, § 7.29; T.C.A., § 6-3529.

6-35-409. Employee benefits.

The council may provide for the retirement of the city's nonelective officers and employees and make available to them any group, life, hospital, health, or accident insurance, either independently of, or as a supplement to, any retirement or other employee welfare benefits otherwise provided by law.

Acts 1957, ch. 238, § 7.30; T.C.A., § 6-3530.

6-35-410. Resignations.

The council shall prescribe by ordinance appropriate procedures with respect to resignations of officers and employees and with respect to the orderly transfer of records, assets, and other effects in the custody of such officers and employees to their successors or supervisors.

Acts 1957, ch. 238, § 7.31; T.C.A., § 6-3531.

6-35-411. Surety bonds.

All city officers or employees receiving, disbursing or responsible for city funds shall be bonded. The council may require any officer or employee to give a bond, approved by and in such amount as the council shall determine. All such bonds shall be corporate surety bonds, and the premiums thereon shall be paid by the city. No such bond shall be issued for a term exceeding four (4) years. No bond required by this section shall be renewed upon its  expiration or in the event of the reappointment of any officer or employee to a position for which a bond is required, but a new bond shall be furnished. The resignation, removal, or discharge of any officer or employee of the city shall not, nor shall the election or appointment of another to such officer's or employee's office or employment, exonerate such officer or employee or such officer's or employee's sureties from liability incurred by such officers or employees, or such officer's or employee's sureties.

Acts 1957, ch. 238, § 7.32; T.C.A., § 6-3532.

6-35-412. Pecuniary interest prohibited.

  1. No officer or employee of the city shall have any financial interest other than the common public interest in the profits of any contract, service, or other work performed for the city; or personally profit directly or indirectly from any contract, purchase, sale, or service between the city and any person or company; or personally as an agent provide any surety, bail, or bond required by law or subject to approval by the council.
  2. No officer or any employee shall accept any free or preferred services, benefits or concessions from any person or company, except that free transportation may be provided for police officers and firefighters on official duty.
  3. Any officer or employee who violates this section commits misconduct of office.

Acts 1957, ch. 238, § 7.33; T.C.A., § 6-3533.

Cross-References. Misconduct involving public officials and employees, title 39, ch. 16, part 4.

6-35-413. Political activity prohibited — Penalty.

  1. No officer or employee of the city, other than council members, or members of the board of education, shall continue in the employment of the city after becoming a candidate for nomination or election to any public office nor hold office in any political activity.
  2. No officer or employee of the city shall orally, by letter or otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription or contribution for any political party or political purpose from any officer or employee of the city.
  3. No officer or employee of the city, other than council members or board of education members, shall make any contribution to the campaign funds of any candidate in any city election, nor shall such person take part in the management, affairs or political campaign of any city election, other than in the exercise of such person's rights as a citizen to express such person's opinions and to cast such person's vote.
    1. Any person who alone or with others willfully or corruptly violates any provision of this section commits a Class C misdemeanor.
    2. Any person who is convicted under this section shall be ineligible to hold any office or position of employment in the city government for a period of five (5) years thereafter and, if such person is an officer or employee at the time of conviction, shall immediately forfeit and vacate the office or position held.

Acts 1957, ch. 238, § 7.34; T.C.A., § 6-3534; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Attorney General Opinions. Employee of city electric system may not run for city council, OAG 96-106, 1996 Tenn. AG LEXIS 116 (8/20/96).

Chapter 36
Public Schools Under Modified City Manager-Council Charter

6-36-101. Board of education — Membership — Terms of members.

    1. If a city incorporated under this charter is authorized, pursuant to general law, to establish and operate a school system, the control and management of the schools of the city shall be the responsibility of the board of education, which shall consist of five (5) qualified voters of the city, meeting the requirements of §§ 6-31-105 and 6-31-112.
    2. By ordinance adopted by a two-thirds (2/3) vote of the entire membership of the city council, the board of education may be increased to seven (7) qualified voters of the city, meeting the requirements of §§ 6-31-105 and 6-31-112. The two (2) additional board members authorized by this subdivision (a)(2) shall be elected at-large and shall be voted on by the electors in all voting precincts of the city. This subdivision (a)(2) shall only apply within counties having a population of not less than thirty-one thousand five hundred (31,500) nor more than thirty-one thousand eight hundred (31,800), according to the 1990 federal census or any subsequent federal census.
  1. Except as provided in § 6-36-103, the board members shall hold office for a term of four (4) years from twelve o'clock (12:00) noon of the second Wednesday next following the regular city election at which they are elected, or until their successors are elected and qualified.

Acts 1957, ch. 238, § 8.01; T.C.A., § 6-3601; Acts 2000, ch. 959, § 1; 2011, ch. 453, § 9.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. Removal of member of board of education by recall, § 6-31-301.

Law Reviews.

Two Claims, Two Keys—Overcoming Tennessee's Dual-Majority Voting Mechanism to Facilitate Consolidation Between Memphis City and Shelby County (D. Eric Setterlund), 41 U. Mem. L. Rev. 933 (2011).

6-36-102. Nomination, election, and recall of board members.

  1. The members of the board of education shall be nominated by petition and elected at the same time and places as provided in this charter for elections of the members of the city council, except that in the first election the manner of election shall be that provided in § 6-36-103.
  2. The members of the board shall be subject to the provisions of this charter with regard to recall as provided in §§ 6-31-301 — 6-31-304.
  3. Each candidate to the board or any person acting in the candidate's behalf shall be subject to § 6-31-108.

Acts 1957, ch. 238, § 8.02; 1959, ch. 137, § 1; T.C.A., § 6-3602.

Cross-References. Removal of member of board of education by recall, § 6-31-301.

6-36-103. First election of board — Terms of first members — Subsequent elections.

  1. The first election of board of education members shall be held at the same time and place as the first election of city council members. Eligibility requirements for voters shall be the same as § 6-31-103. At this election, each voter shall be entitled to vote for not more than five (5) candidates for the board of education.
  2. The two (2) candidates for the board of education who receive the two (2) highest number of votes shall be declared elected for a four-year term beginning at twelve o'clock (12:00) noon on the second Wednesday next following the election at which they were elected. The three (3) candidates for the board of education who receive the third, fourth and fifth highest number of votes respectively shall be declared elected for a two-year term beginning at twelve o'clock (12:00) noon on the second Wednesday next following the election at which they were elected.
  3. For any board of education increased to seven (7) members pursuant to § 6-36-101(a)(2), the initial election of the additional two (2) members shall be held at the first November general election occurring more than forty-five (45) days following adoption of the ordinance required to expand board membership. To ensure staggered terms, the at-large candidate receiving the highest number of votes shall be declared elected for a four-year term beginning at twelve o'clock (12:00) noon on the second Wednesday next following the election; and the at-large candidate receiving the second highest number of votes shall be declared elected for a two-year term beginning at the same date and time.
  4. Subsequent elections shall be held biennially for election of board members to four-year terms.

Acts 1957, ch. 238, § 8.03; 1959, ch. 137, § 1; T.C.A., § 6-3603; Acts 2000, ch. 959, § 2.

Law Reviews.

Local Government Law — 1959 Tennessee Survey, 12 Vand. L. Rev. 1257 (1959).

6-36-104. Chair and vice chair.

  1. At the first meeting after each regular biennial election, the board shall elect a chair and vice chair.
  2. The chair shall preside at the meetings of the board and may vote as any other member but shall have no power of veto. The chair shall perform the duties imposed upon the chair by the rules of the board.
  3. The vice chair shall perform the duties of the chair in case of the chair's absence or inability to act.
  4. In the event of a permanent vacancy in the office of chair, a new chair shall be elected.

Acts 1957, ch. 238, § 8.04; T.C.A., § 6-3604.

6-36-105. Powers and duties of board.

The board of education has the power and duty to:

  1. Appoint and remove a director of schools as provided in § 6-36-109;
  2. Establish schools, determine the attendance areas of the various schools, and determine the policies and programs of the city school system, subject to the availability of school funds;
  3. Determine the number of teachers and other employees in the city school system subject to availability of school funds, after considering the written recommendations of the director of schools;
  4. Review, revise and approve budget estimates prepared by the director of schools and submit such estimates to the city manager, in accord with budget control procedures described in § 6-35-310;
  5. Initiate, review, revise and approve plans for the erection or improvement of buildings and facilities to be used for educational purposes, and transmit copies of all such plans that bear on the long-range development of the schools to the city planning commission for incorporation as part of the capital improvement program;
  6. Purchase or otherwise acquire land for school buildings, playgrounds and other purposes connected with the city school system; purchase, construct, operate and regulate the use of all buildings, required for purposes of the city school system; and do any and all other acts necessary to establish, maintain, and operate a complete public educational system within the city, including adult education, subject to the availability of school funds;
  7. Review, revise and act upon any recommendation by the director of schools relating to the operation and maintenance of school buildings;
  8. Cooperate with the city council, city manager and other officials of the city government, and with the officials of other governmental jurisdictions, in programs leading to improvements and economies in the public services provided the residents and taxpayers;
  9. Make any investigation that the board may consider desirable concerning administration of the city school system; and
  10. Exercise any and all powers not specifically stated in chapters 30-36 of this title but given to boards of education by general law, except those that are inconsistent with chapters 30-36 of this title.

Acts 1957, ch. 238, § 8.05; T.C.A., § 6-3605.

6-36-106. Rules of procedure and meetings.

  1. The board shall adopt rules governing the conduct of its business and meetings; provided, that regular meetings shall be held on the second Wednesday of each month unless another day is set by the board; and provided further, that if a regular meeting date falls on a legal holiday, the meeting shall be held on the following day. The board shall provide by resolution for the time of day and place of all its meetings.
  2. A majority of the board constitutes a quorum and the affirmative vote of at least three (3) members shall be required to approve any action; however, if the board consists of seven (7) members, then an affirmative vote of at least four (4) members shall be required to approve any action.
  3. A special meeting shall be called by the chair, by any two (2) members of the board, or by the director of schools, by a written notice delivered at least twenty-four (24) hours in advance of the meeting, either personally or left at the usual place of residence of the members and director of schools. Such notice shall set forth the character of business to be discussed at the meeting, and no other business shall be considered at such meeting.
  4. All board meetings shall be open to the public, and citizens shall have a reasonable opportunity to be heard. The board shall exercise its powers only at public meetings.

Acts 1957, ch. 238, § 8.06; T.C.A., § 6-3606; Acts 2000, ch. 959, § 3.

6-36-107. Vacancies.

  1. A vacancy shall exist if a board member:
    1. Resigns;
    2. Dies;
    3. Moves the member's residence from the city;
    4. Has been continuously disabled for a period of six (6) months so as to prevent the member from discharging the duties of office;
    5. Accepts any state, county, or other municipal office or position of employment, except as a notary public or member of the national guard; or
    6. Is convicted of malfeasance or misfeasance in office, a felony, a violation of this charter, or a violation of the election laws of the state.
  2. A vacancy shall be filled within thirty (30) days by an affirmative vote of a majority of the remaining board members, the appointee to serve until the next regular election at which time a successor shall be elected to fill the unexpired term in the manner specified in § 6-31-201, except that the term “chair of the board” shall be read for references to the term “mayor.” If a tie vote by the board to fill a vacancy is unbroken for thirty (30) days, the chair shall appoint a qualified person to fill the vacancy. No appointment to fill the vacancy shall be made within sixty (60) days prior to any regular city election. The candidates in such an election to fill the vacancy shall be nominated by petition as provided in § 6-36-102.

Acts 1957, ch. 238, § 8.07; T.C.A., § 6-3607.

Cross-References. Removal of member of board of education by recall, § 6-31-301.

6-36-108. Compensation.

The members of the board of education shall receive no compensation but may be reimbursed for actual and necessary expenses incurred in the conduct of their duties; provided, that such expenses are approved by the board at a regular meeting.

Acts 1957, ch. 238, § 8.08; T.C.A., § 6-3608.

6-36-109. Director of schools — Board secretary.

  1. The board of education shall appoint a director of schools who shall be the administrative head of the city school system. The director shall be subject only to the board of education and all orders of the board relating to the management of the schools shall be given through the director. Except for the purpose of inquiry, the board and its members shall deal with administrative officers, principals, teachers and other employees solely through the director. Neither the board nor any member thereof shall give orders to the director's subordinates or otherwise interfere with the director's functions through such means as the making of particular purchases from, or contracts with, any specific individual or organization.
  2. The office of any board member violating any provision of this section shall immediately become vacant upon the member's conviction in a court of competent jurisdiction.
  3. The board of education shall fix the director's salary. The director shall serve at the pleasure of the board as provided by the director's contract of employment. The director has the right to take part in the discussion of all matters coming before the board, but not the right to vote.
  4. The director, or other employee designated by the board on the recommendation of the director, shall serve as secretary to the board.

Acts 1957, ch. 238, § 8.09; T.C.A., § 6-3609.

6-36-110. Powers and duties of director of schools.

The director of schools has the power and duty to:

  1. Manage and direct the city school system in accordance with the policies and programs of the board of education;
  2. Appoint, promote, transfer, retire, and remove and take any other established personnel action with regard to all teachers, and other employees in the city school system consistent with this chapter, policies and programs adopted by the board of education and the general laws of the state;
  3. Prescribe, control and correlate the courses of study, textbooks, and educational apparatus and equipment, consistent with the school laws of the state, and the policies and programs adopted by the board of education;
  4. Prepare and issue rules and regulations for the administration and execution of the policies, plans, and programs adopted by the board;
  5. Prepare budgets for the city school system for approval by the board of education and submission to the city manager for final consideration by the city council;
  6. Make periodic allotments of funds appropriated for city school purposes;
  7. Make purchases and contracts subject to the limitations of this charter and such policies as may be prescribed by the board of education;
  8. Prepare for approval by the board of education salary schedules for teachers and other employees of the city school system as provided in § 6-36-111;
  9. Prepare, for approval by the board of education, plans for constructing, enlarging or improving school buildings and other school facilities; and
  10. Exercise such other powers and perform such other duties not inconsistent with this charter or other general laws, as may be prescribed by the board of education.

Acts 1957, ch. 238, § 8.10; T.C.A., § 6-3610.

6-36-111. Officers and employees of school system.

All of the officers and employees of the city school system shall be subject to §§ 6-35-4076-35-413 of this charter, with the school system standing in the stead of the city, with the board of education in the stead of the city council, board members in the stead of council members, chair in the stead of the mayor, and the director of schools in the stead of the city manager and the city clerk, and that on actions taken under this chapter, the rules and regulations of the board shall have the same force and effect as an ordinance of the city council.

Acts 1957, ch. 238, § 8.11; T.C.A., § 6-3611.

6-36-112. Financial management.

  1. All school moneys appropriated by the city council, all state and county funds received for the city school system, and all other moneys, fees, revenues or income that are received by the city school system or that heretofore or hereafter are granted or permitted to the city school system shall be deposited in a city school fund to be withdrawn only upon the order of the board of education; provided, that a full estimate thereof shall have been summarized in each school budget; and provided further, that those portions of such funds derived from city appropriation ordinances shall be subject to §§ 6-35-308 and 6-35-310.
  2. The board of education shall establish such school funds as are required by general law or as it considers necessary for the operation of the school system.
  3. At the end of each fiscal year an audit shall be made of the accounts and funds of the school system covering the operations of the last fiscal year by certified public accountants selected by the board. The board of education may employ certified accountants to audit all or any of the school funds and accounts at any time it may deem expedient to assure the correctness of the accounts and funds.
  4. Section 6-35-313 shall apply with the board of education standing in the stead of council.

Acts 1957, ch. 238, § 8.12; T.C.A., § 6-3612.

6-36-113. School budget.

The city school budget submitted by the board of education through the city manager to the city council shall include estimates of all school revenues, as well as estimates of expenditures necessary for the operation of the school system for the next fiscal period. Neither the city manager nor the city council shall have any authority to modify or delete any item of the school estimates, and the council shall have the power to modify only the total amount of the school budget, except that in no event shall a reduction in the school budget exceed the total sum requested by the board of education from current city tax revenues. Such budget estimates shall not include any requests for the purchase of land, and the purchase, construction, reconstruction, or major alteration of any building for school purposes. Requests for such improvements shall be transmitted to the planning commission for review and incorporation into the capital improvement program.

Acts 1957, ch. 238, § 8.13; T.C.A., § 6-3613.

6-36-114. Notice of appropriation.

The adoption by the city council of an appropriation ordinance for the next fiscal year, or the allowance of a continuation of the appropriation for the last fiscal year, shall serve as notice to the board of education of the total amount of the school appropriation for the next fiscal period.

Acts 1957, ch. 238, § 8.14; T.C.A., § 6-3614.

6-36-115. Purchases and contracts.

  1. All materials, supplies and equipment shall be purchased by the director of schools in accordance with procedures approved by the board of education, except that centralized purchasing with the city administration may be utilized where it is mutually agreed upon by the council and board or their delegated representatives.
  2. The board of education or director of schools, in making purchases and contracts, shall be subject to the provisions of this charter relating to purchases and contracts by the city council and city manager, with the board of education standing in the stead of the council and the director of schools standing in the stead of the city manager.
  3. No purchase, expenditure or contract shall be made in excess of available school funds.

Acts 1957, ch. 238, § 8.15; T.C.A., § 6-3615.

Cross-References. Purchasing, § 6-35-205.

6-36-116. Disbursements.

All disbursements of moneys from the city school funds or other established school funds for the city school system shall be made by checks countersigned by the director of schools or by other school personnel designated by the board of education upon recommendation of the director.

Acts 1957, ch. 238, § 8.16; T.C.A., § 6-3616.

6-36-117. Transfer of city schools to county.

The city school system or any part thereof may be transferred to the county upon the adoption of a resolution by the city council after considering the written recommendations of the board of education; provided, that all such transfers must first be approved by a majority of the qualified voters voting in a referendum held for that purpose.

Acts 1957, ch. 238, § 8.17; T.C.A., § 6-3617.

6-36-118. Agreement with county to take over county schools.

The city council, after considering the written recommendations of the board of education, may enter into an agreement with the county for the city school system to take over ownership, management and control of that part of the county school system within the city, including land, buildings and all other school property, equipment, and facilities.

Acts 1957, ch. 238, § 8.18; T.C.A., § 6-3618.

Chapters 37-50
[Reserved]
Municipal Government Generally

Chapter 51
Change of Municipal Boundaries

Part 1
Annexation

6-51-101. Part definitions and definitions for § 6-51-301.

As used in this part and § 6-51-301, unless the context otherwise requires:

  1. “Larger” and “smaller” refer to population and not area;
  2. “Municipality” or “municipalities” means any incorporated city or cities, or town or towns, and does not include any utility district, sanitary district, school district, or other public service district, whether organized under public or private acts; and
  3. “Notice” means publication in a newspaper of general circulation in the municipality at least seven (7) days in advance of a hearing. The notice shall be satisfied by inclusion of a map that includes a general delineation of the area or areas to be annexed by use of official road names or numbers, or both, names of lakes and waterways, or other identifiable landmarks, as appropriate.

Acts 1955, ch. 113, § 1; T.C.A., § 6-308; Acts 1995, ch. 283, § 1; 2015, ch. 512, § 1.

Code Commission Notes.

Acts 1995, ch. 283, § 2 provided that the amendment by this act applies only to annexation ordinances passed on first reading on or after July 1, 1995.

Compiler's Notes. Acts 2015, ch. 512, § 18 provided that the act take effect at 12:01 a.m. on May 16, 2015.  However, the governor signed the act and it became law on May 20, 2015.  Pursuant to Article II, § 20, of the Constitution of Tennessee, the act takes effect 40 days after the bill became law.  Thus, the effective date of the act is June 29, 2015.

Amendments. The 2015 amendment deleted “, whether by ordinance as stipulated in § 6-51-102(a)(1) and (b) or by referendum as stipulated in § 6-51-104(b),” following “The notice shall be satisfied” in the second sentence of (3).

Effective Dates. Acts 2015, ch. 512, § 18. June 29, 2015 [See the Compiler's Notes.].

Cross-References. Special census after annexation, § 6-51-114.

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, §§ 13, 15, 18.

Law Reviews.

Tennessee Annexation Law: History, Analysis, and Proposed Amendments (Frederic S. Le Clercq), 55 Tenn. L. Rev. 577 (1989).

Attorney General Opinions. Alternative alteration of municipal boundaries, OAG 96-032, 1996 Tenn. AG LEXIS 26 (3/6/96).

Constitutionality of strip annexation, OAG 97-157, 1997 Tenn. AG LEXIS 192 (12/01/97).

Annexation under metropolitan form of government.  OAG 10-109, 2010 Tenn. AG LEXIS 115 (10/28/10).

NOTES TO DECISIONS

1. Constitutionality.

Every provision of Acts 1955, ch. 113 (§§ 6-51-1016-51-111, 6-51-201 and 6-51-301) was germane to the object expressed in its caption. Witt v. McCanless, 200 Tenn. 360, 292 S.W.2d 392, 1956 Tenn. LEXIS 419 (1956), superseded by statute as stated in, Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978).

2. Notice.

Advertisement by city council in newspaper of general circulation five days before hearing on annexation ordinance together with extended front page article in such newspaper seven days prior to hearing constituted substantial compliance with provisions of this section as to notice. State ex rel. Robbins v. Jackson, 218 Tenn. 322, 403 S.W.2d 304, 1966 Tenn. LEXIS 570 (1966), superseded by statute as stated in, Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978), superseded by statute as stated in, Highwoods Props., Inc. v. City of Memphis, 297 S.W.3d 695, 2009 Tenn. LEXIS 487 (Tenn. July 27, 2009).

3. Judicial Review.

Sections 6-51-101 — 6-51-112 and 6-51-301 contain the entire jurisdiction and authority of the courts to review the actions of municipalities in enacting annexation ordinances. Oak Ridge v. Roane County, 563 S.W.2d 895, 1978 Tenn. LEXIS 537 (Tenn. 1978).

6-51-102. Plan of services.

  1. [Deleted by 2014 amendment, effective May 16, 2015.]
    1. Before any territory may be annexed under this part, the governing body of the municipality shall adopt a plan of services establishing at least the services to be delivered and the projected timing of the services. Upon adoption of the plan of services, the municipality shall cause a copy of the plan of services to be forwarded to the county mayor in whose county the territory being annexed is located. The plan of services shall be reasonable with respect to the scope of services to be provided and the timing of the services.
    2. The plan of services shall include, but not be limited to: police protection, fire protection, water service, electrical service, sanitary sewer service, solid waste collection, road and street construction and repair, recreational facilities and programs, street lighting, and zoning services. If the municipality maintains a separate school system, the plan shall also include schools and provisions specifically addressing the impact, if any, of annexation on school attendance zones. If the municipality does not maintain a separate school system, then the municipality shall provide written notice of the annexation to all affected school systems as soon as practicable, but in no event less than thirty (30) days prior to the public hearing requirement set forth in subdivision (b)(4). The plan of services may exclude services that are being provided by another public agency or private company in the territory to be annexed other than those services provided by the county.
    3. The plan of services shall include a reasonable implementation schedule for the delivery of comparable services in the territory to be annexed with respect to the services delivered to all citizens of the municipality.
    4. Before a plan of services may be adopted, the municipality shall submit the plan of services to the local planning commission, if there is one, for study and a written report, to be rendered within ninety (90) days after such submission, unless by resolution of the governing body a longer period is allowed. Before the adoption of the plan of services, a municipality shall hold a public hearing. Notice of the time, place, and purpose of the public hearing shall be published in a newspaper of general circulation in the municipality not less than fifteen (15) days before the hearing. The notice shall include the locations of a minimum of three (3) copies of the plan of services, which the municipality shall provide for public inspection during all business hours from the date of notice until the public hearing.
    5. A municipality may not annex any other territory if the municipality is in default on any prior plan of services.
    6. If a municipality operates a school system, and if the municipality annexes territory during the school year, any student may continue to attend such student's present school until the beginning of the next succeeding school year unless the respective boards of education have provided otherwise by agreement.
  2. [Deleted by 2014 amendment, effective May 16, 2015.]
  3. [Deleted by 2014 amendment, effective May 16, 2015.]
  4. After receiving the notice from the municipality, as provided in subdivision (b)(1), the county mayor shall notify the appropriate departments within the county regarding the information received from the municipality.

Acts 1955, ch. 113, § 2; 1961, ch. 320, § 1; 1969, ch. 136, § 1; 1971, ch. 420, §§ 1, 2, 3; 1972, ch. 844, § 1; 1974, ch. 753, §§ 1, 2, 8, 9; T.C.A., § 6-309; Acts 1980, ch. 849, § 1; 1981, ch. 522, §§ 1, 2; 1982, ch. 867, § 1; 1986, ch. 734, § 1; 1987, ch. 87, § 1; 1988, ch. 787, § 1; 1998, ch. 1101, §§ 19, 20; 2003 ch. 90, § 2; 2003, ch. 225, § 1; 2005, ch. 411, §§ 1, 2, 7; 2008, ch. 818, § 3; 2014, ch. 707, §§ 2(a), 3; 2015, ch. 512, § 2.

Code Commission Notes.

The provisions of former subdivisions (a)(2)(A)-(J)(i)-(iv) and (K) have been held unconstitutional, and have been deleted by authority of the code commission. Former subdivision (a)(2)(J)(v) was redesignated (a)(2)(E) in 1998.

Compiler's Notes. Acts 1981, ch. 522 deleted “provided the ordinance shall not become operative until thirty (30) days after final passage” from the end of former subsection (a). However, because of qualifications on the applicability on the act deleting that material, and thus the continued applicability of the deleted language to certain counties, two versions of former subsection (a) have been set up: subdivision (a)(1), containing the language, and subdivision (a)(2)(A), reflecting the deletion of the language by Acts 1981, ch. 522. See Vollmer v. City of Memphis, 730 S.W.2d 619 (Tenn. 1987), and opinions of the attorney general, OAG 88-84 (4/15/88), including April 20, 1988 supplement to that opinion, as well as OAG U86-67 (4/7/86), regarding the constitutionality of various provisions in this section.

Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Acts 2008, ch. 818, § 3 amended this section by deleting former subdivisions (a)(2)(A)-(D). Former subdivision (a)(2) provided applicability provisions for former subdivisions (a)(2)(A)-(D) that were deleted by the act.

For tables of population of Tennessee municipalities, and for U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Acts 2014 ch. 707, § 2(b) provides that § 2(a), which deletes subsections (a), (c), and (d) of this section, prohibits any annexation by ordinance that is not both operative and effective prior to May 16, 2015.

Acts 2015, ch. 512, § 18 provided that the act take effect at 12:01 a.m. on May 16, 2015.  However, the governor signed the act and it became law on May 20, 2015.  Pursuant to Article II, § 20, of the Constitution of Tennessee, the act takes effect 40 days after the bill became law.  Thus, the effective date of the act is June 29, 2015.

Amendments. The 2014 amendment, effective May 16, 2015,  deleted former (a) which read: “(1) A municipality, when petitioned by a majority of the residents and property owners of the affected territory, or upon its own initiative when it appears that the prosperity of such municipality and territory will be materially retarded and the safety and welfare of the inhabitants and property endangered, after notice and public hearing, by ordinance, may extend its corporate limits by annexation of such territory adjoining its existing boundaries as may be deemed necessary for the welfare of the residents and property owners of the affected territory as well as the municipality as a whole; provided, that the ordinance shall not become operative until thirty (30) days after final passage thereof. During this thirty-day period, the municipality shall notify the county mayor in whose county the territory being annexed is located that territory located in the unincorporated part of the county is being annexed by the municipality. The notification shall include a copy of the annexation ordinance and a map of the area being annexed.“(2) The provisions of subdivision (a)(1) that are in conflict with this subdivision (a)(2) do not apply to any county having a population of not less than three hundred nineteen thousand six hundred twenty-five (319,625) nor more than three hundred nineteen thousand seven hundred twenty-five (319,725), according to the 1980 federal census or any subsequent federal census. In such county, if the proposal to extend the corporate limits by the annexation of territory adjoining the existing boundaries of a municipality is proposed by the municipality upon its own initiative by ordinance, the ordinance shall not become operative until an election is held at the expense of the proposing municipality for approval or disapproval of such annexation by the qualified voters who reside in the territory proposed for annexation. The operation of the ordinance shall be subject to approval of the voters who reside in such territory. The county election commission shall hold an election thereon, providing options to vote ‘For’ or ‘Against’ the ordinance, not less than forty-five (45) days nor more than sixty (60) days after the receipt of a certified copy of such ordinance, and a majority vote of those voting in the election shall determine whether the ordinance is to be operative. A vote ‘For’ the ordinance shall be a vote ‘For Annexation’ and a vote ‘Against’ the ordinance shall be a vote ‘Against Annexation.’ If the vote is for the ordinance, the ordinance shall become operative thirty (30) days after the date that the county election commission makes its official canvass of the election returns; such ordinance shall not become operative before the expiration of one hundred twenty (120) days following the final passage of the annexation ordinance. If the ordinance is rejected, all relevant provisions in this chapter shall apply to the question of annexation in such county.“(3)(A) No municipality having a population greater than ten thousand (10,000), according to the 1970 federal census or any subsequent federal census shall, by means of annexation by ordinance upon its own initiative, increase the land area contained within its boundaries by more than twenty-five percent (25%) during any twenty-four-month period.“(B)(i) Subdivision (a)(3)(A) shall not apply to any municipality having a population of less than twelve thousand (12,000), according to the 1980 federal census or any subsequent federal census, and the charter of which is provided for by a private act of the general assembly, and not under the general law of this title.“(ii) Subdivision (a)(3)(B)(i) shall not apply to any municipality located in any county having a population of not less than thirty-four thousand one hundred (34,100) nor greater than thirty-four thousand two hundred (34,200), or located in any county having a population of not less than thirty-seven thousand (37,000) nor greater than thirty-seven thousand one hundred (37,100), or located in any county having a population of not less than forty-nine thousand four hundred (49,400) nor greater than forty-nine thousand five hundred (49,500), each according to the 1980 federal census or any subsequent federal census.”; deleted former (c) which read: “Anything contained in this chapter to the contrary notwithstanding, a municipality in any county having a population of over sixty-six thousand (66,000), except in those counties having a population of more than seven hundred thousand (700,000), according to the federal census of 1970 or any subsequent federal census; or in those counties that have the metropolitan form of government, shall have the supplemental right and authority to annex upon its own initiative by ordinance any territory without levying any municipal ad valorem taxes, except for actual municipal services rendered, and that the residents of, and persons owning property in, annexed territory shall be entitled to rights and privileges of citizenship, in accordance with the provisions of the annexing municipality's charter, immediately upon annexation as though such annexed territory had always been a part of the annexing municipality; and it shall be the duty of the governing body to put into effect with respect to an annexed area any charter provisions relating to representation on the governing body. Any municipality that exercises such right to annex is hereby authorized, required and shall levy separate ad valorem taxes for each municipal purpose or service, or both, within the existing limits of the city and shall levy only such taxes, if any, in any territory annexed hereunder when and if the municipal service or purpose for which such taxes have been imposed is actually being rendered; provided, that in the case of sanitary sewers, such sewers shall be furnished within thirty-six (36) months after ad valorem taxes become due.”; deleted former (d) which read: “In counties having a population of more than seven hundred thousand (700,000), or having a population of not less than two hundred sixty thousand (260,000) nor more than two hundred eighty thousand (280,000), according to the 1970 federal census or any subsequent federal census, or in those counties that have the metropolitan form of government, a smaller municipality may, by ordinance, extend its corporate limits by annexation of any contiguous territory, when such territory within the corporate limits of a larger municipality is less than seventy-five (75) acres in area, is not populated, is separated from the larger municipality by a limited access express highway, its access ramps or service roads, and is not the site of industrial plant development. The provisions of this chapter relative to the adoption of a plan of service and the submission of same to a local planning commission, if there is such, shall not be required of the smaller municipality for such annexation.”; and deleted “(a)(1) or” prior to “(b)(1)” in (e).

The 2015 amendment substituted “under this part” for “under this section” in the first sentence of (b)(1).

Effective Dates. Acts 2014, ch. 707, § 8. May 16, 2015.

Acts 2015, ch. 512, § 18. June 29, 2015.

Cross-References. Streets in annexed territory, § 7-31-104.

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, §§ 13-16, 18; 21 Tenn. Juris., Quo Warranto, § 5.

Law Reviews.

Municipalities — Judicial Review of Annexation, 36 Tenn. L. Rev. 825 (1969).

Symposium – Memphis in the Law: The Whitehaven Annexation Case (John J. Thomason), 41 U. Mem. L. Rev. 925 (2011).

Attorney General Opinions. Electronic signatures on petitions for municipal formation and annexation.  OAG 12-80, 2012 Tenn. AG LEXIS 76 (8/2/12).

Absent invidious discrimination or an intent to circumvent the “one person, one vote” principle, annexation by municipal ordinance is constitutional. Neither the United States Constitution nor the Tennessee Constitution recognizes a right for a person to retain his or her real property in a particular unit of local government.  OAG 13-58, 2013 Tenn. AG LEXIS 59 (7/25/13).

NOTES TO DECISIONS

1. Constitutionality.

The constitutionality of this law having been established, an ordinance enacted under its provisions is valid and constitutional if it meets the requirements of the statute. State ex rel. Stall v. Knoxville, 211 Tenn. 271, 364 S.W.2d 898, 1962 Tenn. LEXIS 357 (1962), cert. denied, Tennessee ex rel. Stall v. Knoxville, 372 U.S. 914, 83 S. Ct. 728, 9 L. Ed. 2d 721, 1963 U.S. LEXIS 2161 (1963)

Action of a city in annexing territory under this section is not subject to constitutional challenge under U.S. Const., amend. 14 on the basis of the procedure employed or authorized hereunder or because of the pecuniary repercussions in the form of ordinary incidence of city taxation. Deane Hill Country Club, Inc. v. Knoxville, 379 F.2d 321, 1967 U.S. App. LEXIS 5986 (6th Cir. Tenn. 1967), cert. denied, 389 U.S. 975, 88 S. Ct. 476, 19 L. Ed. 2d 467, 1967 U.S. LEXIS 174 (1967).

Annexation of territory in accordance with the provisions of this section did not deprive realtor of due process and equal privileges and immunities of law, did not amount to taking of property without just compensation or deprive realtor of jury trial in violation of United States Constitution or constitution of Tennessee. State ex rel. Balsinger v. Madisonville, 222 Tenn. 272, 435 S.W.2d 803, 1968 Tenn. LEXIS 431 (1968)

Placing property within the corporate limits of a given town or city where it will be subjected to the additional burdens of municipal taxation and supervision is not an unconstitutional taking of property since it is not a taking at all as the ownership is in no degree changed and the increased burden is presumed equaled by the increased advantages. State ex rel. Balsinger v. Madisonville, 222 Tenn. 272, 435 S.W.2d 803, 1968 Tenn. LEXIS 431 (1968)

In annexation cases there are no equal protection or due process arguments that can properly be made when this statute is properly followed. State ex rel. Wood v. Memphis, 510 S.W.2d 889, 1974 Tenn. LEXIS 510 (Tenn. 1974)

This section and § 6-51-103, in providing for municipal annexation of contiguous territory, do not violate the constitutional guarantees of due process and equal protection of the laws, do not operate to take property without just compensation and are not unconstitutional under U.S. Const., art. IV, § 4 or U.S. Const., amend. 5 or 14, or under Tenn. Const., art. I, §§ 2, 8, or 21, art. II, §§ 27, 28, or 29, or art. XI, § 8. State ex rel. Hudson v. Chattanooga, 512 S.W.2d 555, 1974 Tenn. LEXIS 487 (Tenn. 1974), cert. denied, Hartley v. Chattanooga, 419 U.S. 1070, 95 S. Ct. 657, 42 L. Ed. 2d 666, 1974 U.S. LEXIS 3724 (1974), superseded by statute as stated in, Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978)

T.C.A. § 6-51-102 is constitutionally sound and empowers the city of Memphis to annex and include within its corporate limits certain adjacent areas including the town of Cordova in Shelby County Vollmer v. Memphis, 792 S.W.2d 446, 1990 Tenn. LEXIS 208 (Tenn. 1990), rehearing denied, — S.W.2d —, 1990 Tenn. LEXIS 269 (Tenn. July 2, 1990) (decided under prior law).

2. Construction and Application.

1961 amendment requiring the governing body of certain municipalities to adopt plan of service before annexation was not retroactive in effect. State ex rel. Hardison v. Columbia, 210 Tenn. 514, 360 S.W.2d 39, 1962 Tenn. LEXIS 313 (1962), superseded by statute as stated in, Highwoods Props., Inc. v. City of Memphis, 297 S.W.3d 695, 2009 Tenn. LEXIS 487 (Tenn. July 27, 2009)

The provision of this section that a plan of service for the annexed territories must be adopted prior to the passage of the ordinance has no application to ordinances that were passed before the effective date of the 1961 amendment. State ex rel. Stall v. Knoxville, 211 Tenn. 271, 364 S.W.2d 898, 1962 Tenn. LEXIS 357 (1962), cert. denied, Tennessee ex rel. Stall v. Knoxville, 372 U.S. 914, 83 S. Ct. 728, 9 L. Ed. 2d 721, 1963 U.S. LEXIS 2161 (1963)State ex rel. Cathey v. Knoxville, 211 Tenn. 304, 364 S.W.2d 912, 1962 Tenn. LEXIS 359 (1962), superseded by statute as stated in, Highwoods Props., Inc. v. City of Memphis, 297 S.W.3d 695, 2009 Tenn. LEXIS 487 (Tenn. July 27, 2009)

Slight irregularities will not defeat an annexation proceeding. State ex rel. Robbins v. Jackson, 218 Tenn. 322, 403 S.W.2d 304, 1966 Tenn. LEXIS 570 (1966), superseded by statute as stated in, Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978), superseded by statute as stated in, Highwoods Props., Inc. v. City of Memphis, 297 S.W.3d 695, 2009 Tenn. LEXIS 487 (Tenn. July 27, 2009)

Property owners were entitled to pursue their declaratory judgment claim against a city because they were challenging the validity of the city's annexation ordinance as they alleged that the city exceed the authority delegated by the Tennessee Legislature. State ex rel. Allen v. City of Newport, 422 S.W.3d 567, 2013 Tenn. App. LEXIS 393 (Tenn. Ct. App. June 18, 2013), appeal denied, — S.W.3d —, 2013 Tenn. LEXIS 968 (Tenn. Nov. 13, 2013)

3. Construction With Other Law.

Interpreting T.C.A. § 6-58-111(a)(2) in conjunction with former T.C.A. § 6-51-102(a)(1) leads to the conclusion that proving lack of material retardation necessarily requires proof that annexation will not materially benefit the municipality and territory State ex rel. Tipton v. City of Knoxville, 205 S.W.3d 456, 2006 Tenn. App. LEXIS 29 (Tenn. Ct. App. 2006), appeal denied, — S.W.3d —, 2006 Tenn. LEXIS 922 (Tenn. 2006) (decided under prior law).

4. Theory of Annexation.

The whole theory of annexation is that it is a device by which a municipal corporation may plan for its orderly growth and development. The failure of a city to extend its corporate boundaries to embrace contiguous areas of growth and development is an abdication of responsibility. The time to annex is in the incipient stage of growth, lest the basic purpose of annexation be frustrated and the public interest suffer by the annexation of substandard areas. State ex rel. Collier v. Pigeon Forge, 599 S.W.2d 545, 1980 Tenn. LEXIS 458 (Tenn. 1980)

5. Delegation of Legislative Authority.

The general assembly may delegate its authority to annex territories to municipal corporations to subordinate legislative bodies. Morton v. Johnson City, 206 Tenn. 411, 333 S.W.2d 924, 1960 Tenn. LEXIS 379 (1960), superseded by statute as stated in, Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978), superseded by statute as stated in, Highwoods Props., Inc. v. City of Memphis, 297 S.W.3d 695, 2009 Tenn. LEXIS 487 (Tenn. July 27, 2009)State ex rel. Senff v. Columbia, 208 Tenn. 59, 343 S.W.2d 888, 1961 Tenn. LEXIS 394 (1961), superseded by statute as stated in, Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978)

The authority of a city to annex territory or to challenge annexation must be based upon the statutes. Gallatin v. Hendersonville, 510 S.W.2d 507, 1974 Tenn. LEXIS 506 (Tenn. 1974)

6. Hearing.

A hearing in the rooms of the city commission although there was room for only forty people and although 200 to 300 people gathered, was a sufficient public hearing where the room was open to the public and it was stated that everyone who had anything to say would be heard by the commission if it took all night to do it and everyone who wished was permitted to speak. Morton v. Johnson City, 206 Tenn. 411, 333 S.W.2d 924, 1960 Tenn. LEXIS 379 (1960), superseded by statute as stated in, Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978), superseded by statute as stated in, Highwoods Props., Inc. v. City of Memphis, 297 S.W.3d 695, 2009 Tenn. LEXIS 487 (Tenn. July 27, 2009)

It is not necessary that the public hearing required by this section be held on a regular meeting night of the commission. Morton v. Johnson City, 206 Tenn. 411, 333 S.W.2d 924, 1960 Tenn. LEXIS 379 (1960), superseded by statute as stated in, Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978), superseded by statute as stated in, Highwoods Props., Inc. v. City of Memphis, 297 S.W.3d 695, 2009 Tenn. LEXIS 487 (Tenn. July 27, 2009)

Hearing of annexation ordinance that lasted one and one-half hours and at which the approximately 125 persons present were afforded an opportunity to express their opinions and have their questions answered was sufficient to meet the requirements for public hearing. State ex rel. Hardison v. Columbia, 210 Tenn. 514, 360 S.W.2d 39, 1962 Tenn. LEXIS 313 (1962), superseded by statute as stated in, Highwoods Props., Inc. v. City of Memphis, 297 S.W.3d 695, 2009 Tenn. LEXIS 487 (Tenn. July 27, 2009)

Evidence did not sustain contention that annexation ordinance was void on ground that city commissioners had made up their legislative minds to annex before they gave notice of public hearings, but rather showed that fair and proper hearing was had. State ex rel. Maury County Farmers Co-op Corp. v. Columbia, 210 Tenn. 657, 362 S.W.2d 219, 1962 Tenn. LEXIS 326 (1962)

The legislative body is required to consider the effects of both positive and negative action, and to then act or fail to act as in its discretion is best for the community. State ex rel. Wood v. Memphis, 510 S.W.2d 889, 1974 Tenn. LEXIS 510 (Tenn. 1974)

Where an ordinance was introduced at a regular meeting of the board of commissioners and notice of a public hearing on the ordinance was published in a local newspaper, after which hearing the ordinance was adopted, the city met the requirements of this section and it was not necessary that the public hearing on the ordinance precede its introduction. Pirtle v. Jackson, 560 S.W.2d 400, 1977 Tenn. LEXIS 646 (Tenn. 1977)

7. —Determination of Reasonableness.

Where most of the testimony was directed to showing a need for services in the annexed area and the ability of the city to furnish those services, this evidence clearly demonstrated that the annexation was logical and reasonable and to the best interest of both the citizens and property owners of the city and of those in the annexed area. State ex rel. Wilson v. Lafayette, 572 S.W.2d 922, 1978 Tenn. LEXIS 665 (Tenn. 1978)

8. Rights of Interested Parties.

Interested parties do not acquire any vested rights in proceedings commenced under either this section or § 6-51-104Central Soya Co. v. Chattanooga, 207 Tenn. 138, 338 S.W.2d 576, 1960 Tenn. LEXIS 440 (1960).

Proceeding brought by interested persons for annexation by referendum under §§ 6-51-104, 6-51-105 would not prevent city from proceeding under §§ 6-51-102, 6-51-103 to annex by ordinance only a portion of the territory in question Central Soya Co. v. Chattanooga, 207 Tenn. 138, 338 S.W.2d 576, 1960 Tenn. LEXIS 440 (1960) (decided under prior law).

9. Notice.

Notice of proposed annexation was sufficient even though city annexed smaller areas within proposed annexation area and a portion of the area was not annexed until nine months later. State ex rel. Senff v. Columbia, 208 Tenn. 59, 343 S.W.2d 888, 1961 Tenn. LEXIS 394 (1961), superseded by statute as stated in, Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978)

Where notice of hearing was given and it was held at the time and place designated in the notice and the council members were present with the mayor presiding, and the doors were opened to the public, opinions and discussions were invited and much discussion was had, the meeting was proper even though the council chambers could not seat all who wished to come, where the meeting lasted for several hours and anyone who wished to be heard had the opportunity. State ex rel. Stall v. Knoxville, 211 Tenn. 271, 364 S.W.2d 898, 1962 Tenn. LEXIS 357 (1962), cert. denied, Tennessee ex rel. Stall v. Knoxville, 372 U.S. 914, 83 S. Ct. 728, 9 L. Ed. 2d 721, 1963 U.S. LEXIS 2161 (1963)

10. Jurisdiction of Subject Matter.

Annexation ordinance passed within 30 days after decree of chancellor declaring former ordinance relating to same territory invalid was not void on ground that subject matter was still within exclusive jurisdiction of chancery court where position of both parties was that former ordinance was void and former suit was ended for all practical purposes. State ex rel. Maury County Farmers Co-op Corp. v. Columbia, 210 Tenn. 657, 362 S.W.2d 219, 1962 Tenn. LEXIS 326 (1962)

11. Noncontiguous Territory.

City could annex two noncontiguous tracts by a single annexation ordinance. State ex rel. Maury County Farmers Co-op Corp. v. Columbia, 210 Tenn. 657, 362 S.W.2d 219, 1962 Tenn. LEXIS 326 (1962)

If in annexing noncontiguous tracts it should appear that one tract is properly the subject of annexation but the other area is unfit for annexation that part of the ordinance describing the latter area could be eliminated under the doctrine of elision without affecting the validity of the annexation of the other area. State ex rel. Maury County Farmers Co-op Corp. v. Columbia, 210 Tenn. 657, 362 S.W.2d 219, 1962 Tenn. LEXIS 326 (1962)

City had no right or authority to annex territory by ordinance that did not adjoin the existing boundaries of the city. Bartlett v. Memphis, 482 S.W.2d 782, 1972 Tenn. App. LEXIS 342 (Tenn. Ct. App. 1972)

12. Schedule of Services.

No prefatory schedule of services was required where less than a quarter of a square mile and a population of less than 500 persons was involved in the area sought to be annexed. State ex rel. Cope v. Morristown, 218 Tenn. 593, 404 S.W.2d 798, 1966 Tenn. LEXIS 590 (1966)

Where there was proof in the record to the effect that services of fire protection, police protection, garbage disposal, erection of street signs, signals and markings would become effective as soon as annexation ordinance became operative, that extension of water and sewer services would be done as soon as engineering studies under way determined the areas in which extension was feasible and further that city's bond rating was such that issuance of bonds to finance such services would not be adversely affected, city complied with the requirements of this section. State ex rel. Balsinger v. Madisonville, 222 Tenn. 272, 435 S.W.2d 803, 1968 Tenn. LEXIS 431 (1968)

13. Adoption of Ordinance.

Where city charter and applicable statutes did not so require there was no necessity that annexation ordinance be read at three separate meetings. State ex rel. Balsinger v. Madisonville, 222 Tenn. 272, 435 S.W.2d 803, 1968 Tenn. LEXIS 431 (1968)

Where the law is silent as to the mode or procedure no particular formality in the enactment of an ordinance need be adopted and, in absence of other requirements, it is only necessary that there be sufficient proof of the will of the governing body. State ex rel. Balsinger v. Madisonville, 222 Tenn. 272, 435 S.W.2d 803, 1968 Tenn. LEXIS 431 (1968)

Where an annexation ordinance was amended to correct clerical error after passage but prior to the approval of the minutes of the meeting at which passage occurred, the annexation ordinance was lawfully enacted. State ex rel. Wood v. Memphis, 510 S.W.2d 889, 1974 Tenn. LEXIS 510 (Tenn. 1974)

14. Period for Contesting Annexation.

Provisions of § 6-51-103 giving aggrieved landowners of territory sought to be annexed right to contest annexation ordinance by quo warranto at any time prior to operative date of ordinance when read in conjunction with provisions of this section providing that no annexation ordinance shall be operative until thirty days after final passage have effect of giving aggrieved landowners 30 days after final passage of ordinance to contest its validity. State ex rel. Bastnagel v. Memphis, 224 Tenn. 514, 457 S.W.2d 532, 1970 Tenn. LEXIS 350 (1970), superseded by statute as stated in, Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978).

When landowners contested a city's annexation ordinance, alleging the ordinance was amended in violation of the Open Meetings Act, T.C.A. § 8-44-101 et seq., judgment was properly entered for the city because: (1) the landowners did not allege the ordinance exceeded the city's delegated statutory authority, so the ordinance was attacked for “procedural defects,” and such a suit had to be brought pursuant to the quo warranto procedure; and (2) the applicable limitations period had expired. Allen v. City of Memphis, 397 S.W.3d 572, 2012 Tenn. App. LEXIS 297 (Tenn. Ct. App. May 10, 2012), appeal denied, — S.W.3d —, 2012 Tenn. LEXIS 728 (Tenn. Oct. 1, 2012)

15. Review.

If the reasonableness of the annexation is a debatable question, then the court will uphold the validity of the annexation. State ex rel. Wood v. Memphis, 510 S.W.2d 889, 1974 Tenn. LEXIS 510 (Tenn. 1974).

The boundaries set by annexation will not be disturbed unless they were established by action that was arbitrary and unreasonable. State ex rel. Wood v. Memphis, 510 S.W.2d 889, 1974 Tenn. LEXIS 510 (Tenn. 1974)

Whether the boundaries of a city are fixed directly by the general assembly or are fixed by the legislative body of the city under the authority delegated by this section, it remains a legislative matter and will not be disturbed by the court on review unless shown to be arbitrary and unreasonable. State ex rel. Hicks v. Chattanooga, 513 S.W.2d 780, 1974 Tenn. LEXIS 469 (Tenn. 1974).

Annexation statutes expressly permit court review when method of annexation is by adoption of an ordinance but make no provision for court review when annexation is by referendum. State ex rel. Vicars v. Kingsport, 659 S.W.2d 367, 1983 Tenn. App. LEXIS 707 (Tenn. Ct. App. 1983).

The validity of an annexation ordinance alleged to exceed the authority delegated by the legislature is subject to declaratory judgment under T.C.A. § 29-14-103State ex rel. Earhart v. City of Bristol, 970 S.W.2d 948, 1998 Tenn. LEXIS 366 (Tenn. 1998).

16. Default on Prior Services Plan.

Plaintiffs'  motion to amend the pleadings to conform to the evidence to allege that an annexation was barred under T.C.A. § 6-51-102(b)(5) based on an alleged default on earlier plan of services was properly denied as plaintiffs failed to allege any facts about any alleged earlier default or to cite to the specific sub-section of § 6-51-102; the issue was not tried by express or implied consent as a prior annexed resident testified as a rebuttal witness about an issue that had not been properly raised (decided under prior law)State Ex Rel. Grooms v. City of Newport, 415 S.W.3d 250, 2011 Tenn. App. LEXIS 561 (Tenn. Ct. App. Oct. 17, 2011), appeal denied, State ex rel. Grooms v. City of Newport, — S.W.3d —, 2012 Tenn. LEXIS 112 (Tenn. Feb. 15, 2012).

Collateral References.

Challenging acts or proceedings by which its boundaries are affected, right of political division to. 86 A.L.R. 1374.

Facts warranting extension or reduction of municipal boundaries. 62 A.L.R. 1011.

Power to extend boundaries of municipal corporations. 64 A.L.R. 1335.

6-51-103. Quo warranto to contest annexation ordinance — Appellate review.

      1. Any aggrieved owner of property that borders or lies within territory that is the subject of an annexation ordinance prior to the operative date thereof, may file a suit in the nature of a quo warranto proceeding in accordance with this part, § 6-51-301 and title 29, chapter 35 to contest the validity thereof on the ground that it reasonably may not be deemed necessary for the welfare of the residents and property owners of the affected territory and the municipality as a whole and so constitutes an exercise of power not conferred by law. Notwithstanding any other section in this chapter, for purposes of this section, an “aggrieved owner of property” does not include any municipality or public corporation created and defined under title 7, chapter 82 that owns property bordering or lying within the territory that is the subject of an annexation ordinance requested by the remaining property owner or owners of the territory and whose property and services are to be allocated and conveyed in accordance with § 6-51-111, § 6-51-112 or § 6-51-301, or any contractual arrangement otherwise providing for such allocation and conveyance.
      2. Subdivision (a)(1)(A) does not apply to the counties covered by subdivision (a)(2).
      1. Any aggrieved owner of property, lying within territory that is the subject of an annexation ordinance prior to the operative date thereof, may file a suit in the nature of a quo warranto proceeding in accordance with this part, § 6-51-301 and title 29, chapter 35 to contest the validity thereof on the ground that it reasonably may not be deemed necessary for the welfare of the residents and property owners of the affected territory and the municipality as a whole, and so constitutes an exercise of power not conferred by law.
      2. Subdivision (a)(2)(A) shall apply only in counties having a metropolitan form of government and in counties having populations of:

        not less than  nor more than

        4,000 4,300

        14,940 15,000

        43,700 44,700

        49,400 49,500

        58,000 59,000

        67,300 67,400

        74,500 74,600

        100,000 250,000

        475,000 480,000

        700,000

        according to the 1980 federal census or any subsequent federal census, and in any county with a population of not less than two hundred eighty-five thousand (285,000) and not more than two-hundred ninety thousand (290,000) based upon the 1980 federal census.

  1. The rendering of services under a mutual aid agreement, an automatic response agreement, an operational agreement, or any other agreement as allowed under a comprehensive growth plan, pursuant to chapter 58 of this title, or the providing of mutual aid or assistance under the Mutual Aid and Emergency and Disaster Assistance Agreement Act of 2004, compiled in title 58, chapter 8, is not admissible as evidence against the municipality in any action brought under this section or title 29, chapter 14.
  2. The municipality shall have the burden of proving that an annexation ordinance is reasonable for the overall well-being of the communities involved.
    1. If more than one (1) suit is filed, all of them shall be consolidated and tried as one (1) in the first court of appropriate jurisdiction in which suit is filed. Suit or suits shall be tried on an issue to be made up there, and the question shall be whether the proposed annexation is or is not unreasonable in consideration of the health, safety and welfare of the citizens and property owners of the territory sought to be annexed and the citizens and property owners of the municipality. Should the court find the ordinance to be unreasonable, or to have been done by exercise of powers not conferred by law, an order shall be issued vacating the ordinance and the municipality shall be prohibited from annexing, pursuant to the authority of § 6-51-102, any part of the territory proposed for annexation by such vacated ordinance for a period of at least twenty-four (24) months following the date of such order. In the absence of such finding, an order shall be issued sustaining the validity of such ordinance, which shall then become operative thirty-one (31) days after judgment is entered unless an abrogating appeal has been taken from the judgment, or unless the presiding court grants the municipality's petition to defer the effective date pursuant to subdivision (d)(2).
    2. Upon petition of the municipality, the presiding court may, as part of the judgment sustaining the validity of the annexation ordinance, order that the effective date of the ordinance be fixed as December 31 following the date of entry of the judgment or determination of appeal. In making any order under this subdivision (d)(2), the court shall consider the necessity of the deferred effective date to render municipal services to the annexed territory within a reasonable time. The petition shall be filed by the municipality in the presiding court where the annexation ordinance is being contested in a quo warranto proceeding as provided in this section.
  3. If on appeal judgment shall be against the validity of such ordinance, an order shall be entered vacating the same and the municipality shall be prohibited from annexing, pursuant to the authority of § 6-51-102, any part of the territory proposed for annexation by such vacated ordinance for a period of at least twenty-four (24) months following the date of such order. If judgment shall be in favor of the validity of such ordinance, it shall become operative forthwith by court order and shall not be subject to contest or attack in legal or equitable proceeding for any cause or reason, the judgment of the appellate court being final.
  4. Should the territory hereafter sought to be annexed be the site of substantial industrial plant development, a fact to be ascertained by the court, the municipality shall have the burden of proving that the annexation of the site of the industrial plant development is not unreasonable in consideration of the factors above mentioned, including the necessity for or use of municipal services by the industrial plant or plants, and the present ability and intent of the municipality to benefit the industrial plant development by rendering municipal services thereto when and as needed. The policy and purpose of this provision is to prevent annexation of industrial plants for the sole purpose of increasing municipal revenue, without the ability and intent to benefit the area annexed by rendering municipal services, when and as needed, and when such services are not used or required by the industrial plants.
  5. During the time that any annexation ordinance is being contested as provided in this section, the annexing municipality and the county governing body or any affected school, sanitary or utility district, or all such districts, may enter into an agreement to provide for new, expanded, and/or upgraded services and facilities, including, but not limited to, equipment, land and buildings, and capital expenditures, including sale of bonds, to finance such services and facilities, which agreement shall include an equitable division of the cost and liabilities of such capital expenditures between the annexing municipality and the county governing body or any affected school, sanitary, or utility district, or all such districts, upon final determination of such contested annexation ordinance.
  6. When territory is annexed that is located in a county other than one in which the city hall of the annexing municipality is then located, any suit filed pursuant to this section for the purpose of contesting the annexation ordinance shall be filed in the county where the city hall of the annexing municipality is located. The chancellor, however, shall change the venue to a county that is adjacent to either the county where the annexing municipality's city hall is located or the county where the proposed annexation is located.
  7. When a final judgment is rendered in a quo warranto suit contesting a proposed annexation, the municipality shall notify the county mayor of the outcome of the litigation, so the county may keep abreast of the status of a pending annexation. Similarly, when a municipality files an appeal of a decision in a quo warranto suit, the municipality shall notify the county mayor of the pending appeal.

Acts 1955, ch. 113, § 2; 1961, ch. 220, § 1; 1970, ch. 516, § 1; 1974, ch. 753, §§ 4, 8, 9; T.C.A., § 6-310; Acts 1982, ch. 867, § 2; 1984, ch. 642, §§ 1-10; 1989, ch. 326, § 1; 1989, ch. 327, § 1; 2005, ch. 264, § 2; 2005, ch. 411, § 4; 2013, ch. 462, §§ 3, 4.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

The provisions relating to annexation ordinances referred to in this section, and formerly found in § 6-51-102(a), (c) and (d), were deleted by Acts 2014, ch. 707, § 2(a), effective May 16, 2015.

Cross-References. Consolidation, separate trials, Tenn. R. Civ. P. 42.

Textbooks. Tennessee Forms (Robinson, Ramsey and Harwell), No. 1-42.01-1.

Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, §§ 13, 14, 18; 21 Tenn. Juris., Quo Warranto, § 5.

Law Reviews.

Municipal Annexation in Tennessee, 47 Tenn. L. Rev. 651 (1979).

Attorney General Opinions. Standing to contest city annexation ordinance, OAG 99-076, 1999 Tenn. AG LEXIS 76 (4/5/99).

NOTES TO DECISIONS

1. Constitutionality.

The fact that the court is given the power to determine whether the ordinance is or not reasonable does not constitute an unlawful delegation of legislative powers to the judiciary within the meaning of Tenn. Const., art. II, § 1. Witt v. McCanless, 200 Tenn. 360, 292 S.W.2d 392, 1956 Tenn. LEXIS 419 (1956), superseded by statute as stated in, Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978).

The provision for contesting an annexation ordinance provided by this section is in the nature of quo warranto, which is an equitable action, so that constitutional guaranty of trial by jury does not apply. State ex rel. Balsinger v. Madisonville, 222 Tenn. 272, 435 S.W.2d 803, 1968 Tenn. LEXIS 431 (1968).

The establishment by this section of one standard for individuals within an industrial area and another for individuals in a nonindustrial area constitutes a reasonable classification directly and naturally related to the legislative purpose and does not violate the equal protection of laws clause of U.S. Const., amend. 14 or Tenn. Const., art. I, § 8 or art. XI, § 8. State ex rel. Hudson v. Chattanooga, 512 S.W.2d 555, 1974 Tenn. LEXIS 487 (Tenn. 1974), cert. denied, Hartley v. Chattanooga, 419 U.S. 1070, 95 S. Ct. 657, 42 L. Ed. 2d 666, 1974 U.S. LEXIS 3724 (1974), superseded by statute as stated in, Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978).

This section and § 6-51-102, in providing for municipal annexation of contiguous territory, do not violate the constitutional guarantees of due process and equal protection of the laws, do not operate to take property without just compensation and are not unconstitutional under U.S. Const., art. IV, § 4, U.S. Const., amend. 5 or 14, or under Tenn. Const., art. I, §§ 2, 8, or 21, art. II, §§ 27, 28 or 29, or art. XI, § 8 (decided under prior law) State ex rel. Hudson v. Chattanooga, 512 S.W.2d 555, 1974 Tenn. LEXIS 487 (Tenn. 1974), cert. denied, Hartley v. Chattanooga, 419 U.S. 1070, 95 S. Ct. 657, 42 L. Ed. 2d 666, 1974 U.S. LEXIS 3724 (1974), superseded by statute as stated in, Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978).

The court held that the former exception exempting certain municipalities from the burden of proving the reasonableness of an annexation ordinance, was class legislation and was therefore unconstitutional. Pirtle v. Jackson, 560 S.W.2d 400, 1977 Tenn. LEXIS 646 (Tenn. 1977).

There was no rational basis for the population classifications in the 1984 amendment (Acts 1984, ch. 642) to T.C.A. § 6-51-103; therefore, the population classifications contained in the 1984 amendment were prohibited by the municipal boundaries clause, Tenn. Const., art. XI, § 9, and the amendment was unconstitutional in its entirety. Hart v. Johnson City, 801 S.W.2d 512, 1990 Tenn. LEXIS 444 (Tenn. 1990).

2. Relation to Other Statutes.

The intention of the general assembly to mesh in with the annexation statutes only such provisions of title 29, ch. 35 relating to quo warranto as would be applicable to the annexation proceedings. State ex rel. Southerland v. Greeneville, 201 Tenn. 133, 297 S.W.2d 68, 1956 Tenn. LEXIS 475 (1956).

T.C.A. § 28-1-105 permitting new action within one year after adverse decision not on merits with reference to suits properly commenced within period of limitation did not apply to proceedings to test validity of annexation ordinance since such section relates only to procedural limitations and under this part and T.C.A. § 6-51-301 the right itself is limited rather than simply the remedy. Brent v. Greeneville, 203 Tenn. 60, 309 S.W.2d 121, 1957 Tenn. LEXIS 464 (1957); Nailling v. State, 208 Tenn. 372, 346 S.W.2d 247, 1961 Tenn. LEXIS 295 (1961).

This section did not apply to petition to rehear under former Supreme Court Rule 32. State ex rel. Schmittou v. Nashville, 208 Tenn. 290, 345 S.W.2d 874, 1961 Tenn. LEXIS 287 (1961).

It was not the intent of the general assembly that issues arising under T.C.A. § 6-51-111 be determined at the time the reasonableness of the annexation ordinance was in issue under T.C.A. § 6-51-103. State ex rel. Spoone v. Morristown, 222 Tenn. 21, 431 S.W.2d 827, 1968 Tenn. LEXIS 408 (1968), superseded by statute as stated in, Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978), superseded by statute as stated in, Highwoods Props., Inc. v. City of Memphis, 297 S.W.3d 695, 2009 Tenn. LEXIS 487 (Tenn. July 27, 2009).

There is no essential difference between zoning classifications and annexation classifications and, in fact, a principal purpose of annexation is to govern land used by the application of sound zoning practices. Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978).

The purpose of T.C.A. § 6-51-103 was to grant smaller municipalities the same standing to challenge annexation proceedings that had already been given to affected property owners. State ex rel. Hornkohl v. Tullahoma, 746 S.W.2d 199, 1987 Tenn. App. LEXIS 3099 (Tenn. Ct. App. 1987), superseded by statute as stated in, Hardin County ex rel. Harris v. Adamsville, — S.W.2d —, 1990 Tenn. App. LEXIS 801 (Tenn. Ct. App. Nov. 9, 1990).

The general assembly did not intend T.C.A. § 6-51-110(f) to have any effect upon the procedural requirements governing individual actions brought pursuant to T.C.A. § 6-51-103. Thus, the provisions in T.C.A. § 6-51-110(f), permitting a municipality to contest another municipality's annexation ordinance in the chancery court of the county where the land is located, is limited to actions brought by a municipality and cannot be judicially extended to actions brought by an individual. State ex rel. Hornkohl v. Tullahoma, 746 S.W.2d 199, 1987 Tenn. App. LEXIS 3099 (Tenn. Ct. App. 1987), superseded by statute as stated in, Hardin County ex rel. Harris v. Adamsville, — S.W.2d —, 1990 Tenn. App. LEXIS 801 (Tenn. Ct. App. Nov. 9, 1990).

There being no conflict between T.C.A. § 29-35-111 and the annexation statutes, it is applicable to annexation contests brought by individuals pursuant to T.C.A. § 6-51-103. State ex rel. Hornkohl v. Tullahoma, 746 S.W.2d 199, 1987 Tenn. App. LEXIS 3099 (Tenn. Ct. App. 1987), superseded by statute as stated in, Hardin County ex rel. Harris v. Adamsville, — S.W.2d —, 1990 Tenn. App. LEXIS 801 (Tenn. Ct. App. Nov. 9, 1990).

T.C.A. § 6-51-103, and not the general quo warranto statute, compiled in title 29, chapter 35, provides the exclusive means to challenge an annexation ordinance. State ex rel. Cordova Area Residents for Environment v. City of Memphis, 862 S.W.2d 525, 1992 Tenn. App. LEXIS 361 (Tenn. Ct. App. 1992).

The validity of an annexation ordinance alleged to exceed the authority delegated by the legislature is subject to declaratory judgment under T.C.A. § 29-14-103. State ex rel. Earhart v. City of Bristol, 970 S.W.2d 948, 1998 Tenn. LEXIS 366 (Tenn. 1998).

A disjunctive construction of the word “or” in T.C.A. § 6-58-111(a)(1)-(2) does not render T.C.A. § 6-58-111 and T.C.A. § 6-51-103 irreconcilable because the burdens of proof established in these statutes are not applied simultaneously in that T.C.A. § 6-58-111(a) applies to annexations of territory within a municipality's approved urban growth boundary, and T.C.A. § 6-51-103(a), (c), and (d) apply to annexations that occur in counties without an approved growth plan. These sections are reconciled because they apply to different situations, and are not ambiguous. State ex rel. Tipton v. City of Knoxville, 205 S.W.3d 456, 2006 Tenn. App. LEXIS 29 (Tenn. Ct. App. 2006), appeal denied, — S.W.3d —, 2006 Tenn. LEXIS 922 (Tenn. 2006).

Court erred in finding that larger town waited too late to assert its statutory priority because larger town's annexation proceedings were initiated prior to the effective date of smaller town's ordinance, larger town's proceedings had precedence, and smaller town's annexation proceedings must be held in abeyance pending the outcome of larger town's proceedings pursuant to T.C.A. § 6-51-110; until the effective date of the annexation ordinance had passed, there were annexation proceedings underway that were subject to being held in abeyance, under either the quo warranto statute, T.C.A. § 6-51-103, or T.C.A. § 6-51-110(b). Town of Oakland v. Town of Somerville, 298 S.W.3d 600, 2008 Tenn. App. LEXIS 778 (Tenn. Ct. App. Dec. 30, 2008), appeal denied, — S.W.3d —, 2009 Tenn. LEXIS 552 (Tenn. Aug. 24, 2009).

When landowners contested a city's annexation ordinance, alleging the ordinance was amended in violation of the Open Meetings Act, T.C.A. § 8-44-101 et seq., even if the landowners were entitled to bring a declaratory judgment action, that action was time-barred because: (1) there was no universal statute of limitations applicable to all actions for declaratory judgment, so the action was governed by the statute of limitations applicable to another proceeding providing the same relief, which, in this case, was a quo warranto proceeding; and (2) that statute of limitation had expired. Allen v. City of Memphis, 397 S.W.3d 572, 2012 Tenn. App. LEXIS 297 (Tenn. Ct. App. May 10, 2012), appeal denied, — S.W.3d —, 2012 Tenn. LEXIS 728 (Tenn. Oct. 1, 2012).

3. Persons Entitled to Bring Suit.

The provisions of this section clearly indicate that an aggrieved property owner may file suit to contest validity of annexation proceedings and such right is not limited to the attorney general even though this section incorporates applicable provisions of the quo warranto statute under which only attorney general can act. State ex rel. Southerland v. Greeneville, 201 Tenn. 133, 297 S.W.2d 68, 1956 Tenn. LEXIS 475 (1956).

County that owned roads and a school building within territory sought to be annexed was “an aggrieved owner of property lying within the territory” and was entitled to question the reasonableness of the annexation ordinance under this section. State ex rel. Spoone v. Morristown, 222 Tenn. 21, 431 S.W.2d 827, 1968 Tenn. LEXIS 408 (1968), superseded by statute as stated in, Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978), superseded by statute as stated in, Highwoods Props., Inc. v. City of Memphis, 297 S.W.3d 695, 2009 Tenn. LEXIS 487 (Tenn. July 27, 2009).

The fact that a city has initiated proceedings to annex a certain territory does not give that city standing to challenge the validity of another city's annexing ordinance of the same territory. Gallatin v. Hendersonville, 510 S.W.2d 507, 1974 Tenn. LEXIS 506 (Tenn. 1974).

Standing to contest an annexation ordinance is now limited to property owners within the area being annexed. State ex rel. McNamee v. Knoxville, 824 S.W.2d 550, 1991 Tenn. App. LEXIS 552 (Tenn. Ct. App. 1991).

In a quo warranto proceeding pursuant to this section that contests an annexation ordinance, the cause of action does not survive the pendente lite transfer of property by the original plaintiff. State ex rel. McNamee v. Knoxville, 824 S.W.2d 550, 1991 Tenn. App. LEXIS 552 (Tenn. Ct. App. 1991).

The only property owners allowed to contest an annexation ordinance by quo warranto proceedings are those property owners who own property within the annexed area and, therefore, plaintiffs as bordering landowners did not have standing. State ex rel. Cordova Area Residents for Environment v. City of Memphis, 862 S.W.2d 525, 1992 Tenn. App. LEXIS 361 (Tenn. Ct. App. 1992).

County was not an “aggrieved owner of property” with standing to challenge a city annexation ordinance encompassing area that included two roadways that had been dedicated to the county. State ex rel. Kessel v. Ashe, 888 S.W.2d 430, 1994 Tenn. LEXIS 318 (Tenn. 1994).

4. Issues Raised by Suit.

Effect of annexation ordinance on liability of county for repayment of school bonds could not be raised in suit under this section to contest reasonableness of annexation ordinance. State ex rel. Spoone v. Morristown, 222 Tenn. 21, 431 S.W.2d 827, 1968 Tenn. LEXIS 408 (1968), superseded by statute as stated in, Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978), superseded by statute as stated in, Highwoods Props., Inc. v. City of Memphis, 297 S.W.3d 695, 2009 Tenn. LEXIS 487 (Tenn. July 27, 2009).

5. Sufficiency of Allegations.

Bill that was replete with allegations of fact as to why proposed annexation was not only not conducive to the health, safety and welfare of citizens within the area of proposed annexation but also as to why it was positively detrimental to their welfare was sufficient to state cause of action in proceedings under this section. State ex rel. Southerland v. Greeneville, 201 Tenn. 133, 297 S.W.2d 68, 1956 Tenn. LEXIS 475 (1956).

6. Consolidation of Suits.

Where suit attacking four separate annexation ordinances was ready for trial prior to several individual suits attacking the same ordinances separately it was proper that such individual suit be consolidated with the suit ready for trial notwithstanding the fact that some of the other suits may have been filed first. State ex rel. Stall v. Knoxville, 211 Tenn. 271, 364 S.W.2d 898, 1962 Tenn. LEXIS 357 (1962), cert. denied, Tennessee ex rel. Stall v. Knoxville, 372 U.S. 914, 83 S. Ct. 728, 9 L. Ed. 2d 721, 1963 U.S. LEXIS 2161 (1963).

7. Determination of Reasonableness.

The question of reasonableness or unreasonableness of ordinance for annexation is not a question that can be submitted to the jury. Morton v. Johnson City, 206 Tenn. 411, 333 S.W.2d 924, 1960 Tenn. LEXIS 379 (1960), superseded by statute as stated in, Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978), superseded by statute as stated in, Highwoods Props., Inc. v. City of Memphis, 297 S.W.3d 695, 2009 Tenn. LEXIS 487 (Tenn. July 27, 2009); State ex rel. Spoone v. Morristown, 222 Tenn. 21, 431 S.W.2d 827, 1968 Tenn. LEXIS 408 (1968), superseded by statute as stated in, Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978), superseded by statute as stated in, Highwoods Props., Inc. v. City of Memphis, 297 S.W.3d 695, 2009 Tenn. LEXIS 487 (Tenn. July 27, 2009).

In suit contesting validity of proceedings for annexation by ordinance, demurrer to allegations going to factual matters in connection with the reasonableness of the ordinance should be overruled. Knoxville v. State, 207 Tenn. 558, 341 S.W.2d 718, 1960 Tenn. LEXIS 492 (1960); State ex rel. Campbell v. Morristown, 207 Tenn. 593, 341 S.W.2d 733, 1960 Tenn. LEXIS 498 (1960), superseded by statute as stated in, Highwoods Props., Inc. v. City of Memphis, 297 S.W.3d 695, 2009 Tenn. LEXIS 487 (Tenn. July 27, 2009).

In suit contesting annexation by ordinance, residents of the area proposed to be annexed were entitled to opportunity to show that annexation ordinance was unreasonable and not necessary for health, welfare and safety of persons living in such area. State ex rel. Campbell v. Morristown, 207 Tenn. 593, 341 S.W.2d 733, 1960 Tenn. LEXIS 498 (1960), superseded by statute as stated in, Highwoods Props., Inc. v. City of Memphis, 297 S.W.3d 695, 2009 Tenn. LEXIS 487 (Tenn. July 27, 2009).

Since the only ground on which an ordinance can be attacked is because it is unreasonable in consideration of the health, safety and welfare of the citizens, it was not improper for a court to strike from the bill provisions regarding other annexed areas, the activities of councilmen prior to passage, failure to consult the legal department, the county court (now county legislative body) or county commissioners, lack of funds to secure engineering service, opinions of the chamber of commerce or other associations and other similar provisions. State ex rel. Cathey v. Knoxville, 211 Tenn. 304, 364 S.W.2d 912, 1962 Tenn. LEXIS 359 (1962), superseded by statute as stated in, Highwoods Props., Inc. v. City of Memphis, 297 S.W.3d 695, 2009 Tenn. LEXIS 487 (Tenn. July 27, 2009).

Where there was evidence both for and against annexation from which the trial judge could determine that the reasonableness of the ordinance was fairly debatable, trial judge was not in error in withdrawing the issue from the jury and finding the ordinance reasonable. State ex rel. Balsinger v. Madisonville, 222 Tenn. 272, 435 S.W.2d 803, 1968 Tenn. LEXIS 431 (1968).

The factors to be taken into consideration in testing the reasonableness of any annexation ordinance include: the necessity for or use of municipal services, the ability and intent of the municipality to render municipal services and whether the annexation is for the sole purpose of increasing municipal revenues without an intent to benefit the area by rendering municipal services. Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978); Saylors v. Jackson, 575 S.W.2d 264, 1978 Tenn. LEXIS 689 (Tenn. 1978).

Where most of the testimony was directed to showing a need for services in the annexed area and ability of the city to furnish those services, this evidence clearly demonstrated that the annexation was logical and reasonable and to the best interest of both the citizens and property owners of the city and of those in the annexed area. State ex rel. Wilson v. Lafayette, 572 S.W.2d 922, 1978 Tenn. LEXIS 665 (Tenn. 1978).

Annexation was reasonable where the ordinance did not have as its sole purpose the collection of additional revenues, but improved municipal services would accrue to the citizens of the annexed area and there was a need for the citizens of the municipality to control a fringe area development. Saylors v. Jackson, 575 S.W.2d 264, 1978 Tenn. LEXIS 689 (Tenn. 1978).

Evidence at trial was ample to show that the growth of the city of Memphis would be inhibited if Cordova was not annexed and was allowed to incorporate as planned, and that annexation was reasonable taking into consideration the health, safety and welfare of the citizens and property owners of the area to be annexed. Vollmer v. Memphis, 792 S.W.2d 446, 1990 Tenn. LEXIS 208 (Tenn. 1990), rehearing denied, — S.W.2d —, 1990 Tenn. LEXIS 269 (Tenn. July 2, 1990).

8. —Burden of Proof.

Although this statute unconstitutionally excepted certain municipalities from the burden of proving the reasonableness of an annexation ordinance, where an excepted municipality nevertheless sustained such burden of proof, the annexation ordinance was affirmed. Pirtle v. Jackson, 560 S.W.2d 400, 1977 Tenn. LEXIS 646 (Tenn. 1977).

This section places the burden of proving that the annexation ordinance is reasonable for the overall well-being of the communities involved upon the municipality. State ex rel. Wilson v. Lafayette, 572 S.W.2d 922, 1978 Tenn. LEXIS 665 (Tenn. 1978).

Prior to the 1974 amendment to this section if a trial judge decided there was evidence for and against the reasonableness of an ordinance, he had to withdraw the case from the jury and uphold the ordinance, but since the 1974 amendment the municipality has the burden of proving the reasonableness of the ordinance and those contesting the reasonableness are entitled to have the reasonableness submitted to a jury. State ex rel. Moretz v. Johnson City, 581 S.W.2d 628, 1979 Tenn. LEXIS 435 (Tenn. 1979).

9. Appeal.

Provision that annexation ordinance shall become effective 31 days after judgment unless an “abrogating appeal” has been taken therefrom does not refer to a petition for certiorari to the United States supreme court but to an appeal from the trial court to the Tennessee supreme court. State ex rel. Stall v. Knoxville, 211 Tenn. 428, 365 S.W.2d 433, 1963 Tenn. LEXIS 363 (1963).

Review of suit contesting validity of annexation ordinance was de novo with statutory presumption in favor of decree of chancellor unless the preponderance of the evidence was otherwise. State ex rel. Spoone v. Morristown, 222 Tenn. 21, 431 S.W.2d 827, 1968 Tenn. LEXIS 408 (1968), superseded by statute as stated in, Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978), superseded by statute as stated in, Highwoods Props., Inc. v. City of Memphis, 297 S.W.3d 695, 2009 Tenn. LEXIS 487 (Tenn. July 27, 2009).

Any conflict of testimony requiring a determination of the credibility of a witness or witnesses is for the trial court and binding on the supreme court unless from other evidence it is compelled to conclude to the contrary. State ex rel. Balsinger v. Madisonville, 222 Tenn. 272, 435 S.W.2d 803, 1968 Tenn. LEXIS 431 (1968).

Supreme court's review is de novo of all matters of law and fact appearing in the record with statutory presumption in favor of judgment of trial court unless preponderance of evidence is otherwise. State ex rel. Balsinger v. Madisonville, 222 Tenn. 272, 435 S.W.2d 803, 1968 Tenn. LEXIS 431 (1968).

This part and § 6-51-301 contain the entire jurisdiction and authority of the courts to review the actions of municipalities in enacting annexation ordinances. Oak Ridge v. Roane County, 563 S.W.2d 895, 1978 Tenn. LEXIS 537 (Tenn. 1978).

This section expressly authorizes the courts to vacate an annexation ordinance upon a finding of unreasonableness but does not expressly or impliedly authorize the courts to void annexation ordinance for failure to give notice, hold a public hearing or submit a plan of services to the local planning commission. Oak Ridge v. Roane County, 563 S.W.2d 895, 1978 Tenn. LEXIS 537 (Tenn. 1978).

While other factors may be considered, the primary test of the reasonableness of an annexation ordinance must be the planned and orderly growth and development of the city, taking into consideration the characteristics of the existing city and those of the area proposed for annexation. State ex rel. Collier v. Pigeon Forge, 599 S.W.2d 545, 1980 Tenn. LEXIS 458 (Tenn. 1980).

10. Enforcement of Decrees.

Where trial court and supreme court had previously sustained validity of annexation ordinance and annexation procedure and same complainants filed suit in chancery court seeking to enjoin collection of taxes in the annexed area and complaint in the chancery suit contained basically the same averments as those in previous proceedings, supreme court issued supersedeas and permanent injunction superseding any action taken or that might be taken in the chancery proceeding and enjoining and restraining complainants from interfering directly or indirectly with the previous judgment of the supreme court. State ex rel. Stall v. Knoxville, 211 Tenn. 428, 365 S.W.2d 433, 1963 Tenn. LEXIS 363 (1963).

Review under T.C.A. § 6-51-103 applies only to annexation by ordinance cases and was inapplicable to annexation by referendum case. State ex rel. Vicars v. Kingsport, 659 S.W.2d 367, 1983 Tenn. App. LEXIS 707 (Tenn. Ct. App. 1983).

11. Trial Court.

Court in which the quo warranto proceedings are to be brought is a nisi prius court of record. State ex rel. Stall v. Knoxville, 211 Tenn. 428, 365 S.W.2d 433, 1963 Tenn. LEXIS 363 (1963).

12. Period for Contesting Annexation.

Provisions of this section giving aggrieved landowners of territory sought to be annexed right to contest annexation ordinance by quo warranto at any time prior to operative date of ordinance when read in conjunction with provisions of § 6-51-102 providing that no annexation ordinance shall be operative until thirty days after final passage have effect of giving aggrieved landowners 30 days after final passage of ordinance to contest its validity (decided under prior law) State ex rel. Bastnagel v. Memphis, 224 Tenn. 514, 457 S.W.2d 532, 1970 Tenn. LEXIS 350 (1970), superseded by statute as stated in, Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978).

The right to bring an action pursuant to this section to review any issue arising out of the adoption of an annexation ordinance expires 30 days after the operative date of the ordinance. Oak Ridge v. Roane County, 563 S.W.2d 895, 1978 Tenn. LEXIS 537 (Tenn. 1978).

When landowners contested a city's annexation ordinance, alleging the ordinance was amended in violation of the Open Meetings Act, T.C.A. § 8-44-101 et seq., judgment was properly entered for the city because: (1) the landowners did not allege the ordinance exceeded the city's delegated statutory authority, so the ordinance was attacked for “procedural defects,” and such a suit had to be brought pursuant to the quo warranto procedure; and (2) the applicable limitations period had expired. Allen v. City of Memphis, 397 S.W.3d 572, 2012 Tenn. App. LEXIS 297 (Tenn. Ct. App. May 10, 2012), appeal denied, — S.W.3d —, 2012 Tenn. LEXIS 728 (Tenn. Oct. 1, 2012).

Trial court properly granted a city summary judgment in property owners'  action alleging it had no authority to assess property taxes in an annexed area for 2012 because the annexation took effect on July 29, 2011, and thus, the city was entitled to collect property taxes from the newly annexed area for 2012; the city's failure to provide municipal services to the residents of the annexed area until July 1, 2012 did not alter or delay the effective date of the annexation. O'Shields v. City of Memphis, — S.W.3d —, 2017 Tenn. App. LEXIS 132 (Tenn. Ct. App. Feb. 23, 2017), appeal denied, O'Shields v. City of Memphis, — S.W.3d —, 2017 Tenn. LEXIS 420 (Tenn. July 19, 2017).

13. “Industrial Development” Provisions.

The purpose of the provisions in subsection (e) (now (f)) regarding industrial development is to prevent the annexation of a substantial industrial plant development without consideration being given to whether the annexation is necessary to the welfare of residents and property owners, to the necessity or use of municipal services, to the present ability and the intent of the municipality to render services needed and to insure that the annexation not be for the sole purpose of increasing municipal revenue. Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978).

A national trucking company terminal on an 85-acre tract, which included its main office building, a supply building, a terminal building and a maintenance-transportation building, was industrial in nature rather than commercial. Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978).

An 85-acre industrial development in the middle of an 806-acre annexation does not make the annexation the site of substantial industrial plant development. Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978).

14. Repeal of Ordinance.

An annexation ordinance once validly passed, but not yet operative because of a quo warranto proceeding, can be repealed when the legislative body acts with equal dignity and in full compliance with procedures required for passing a valid ordinance. However, an attempted repeal by motion “to kill the annexation suit” is not an act of equal dignity. Bluff City v. Morrell, 764 S.W.2d 200, 1988 Tenn. LEXIS 268 (Tenn. 1988).

City had the power to repeal annexation ordinances that were the subject of pending quo warranto proceedings challenging the reasonableness of the ordinances. State ex rel. Schaltenbrand v. Knoxville, 788 S.W.2d 812, 1989 Tenn. App. LEXIS 350 (Tenn. Ct. App. 1989).

An annexation ordinance validly repealed by an act of equal dignity renders a pending quo warranto proceeding moot. State ex rel. Schaltenbrand v. Knoxville, 788 S.W.2d 812, 1989 Tenn. App. LEXIS 350 (Tenn. Ct. App. 1989).

15. Operative Date.

When a timely quo warranto action was filed, the operative date of an annexation ordinance was not the date an order was entered sustaining the validity of the ordinance, but thirty-one days after the sustaining order was entered. Silliman v. City of Memphis, 449 S.W.3d 440, 2014 Tenn. App. LEXIS 407 (Tenn. Ct. App. July 2, 2014), appeal denied, — S.W.3d —, 2014 Tenn. LEXIS 920 (Tenn. Nov. 12, 2014).

16. Timeliness.

Property owner properly asserted a quo warranto challenge to a town's annexation ordinance because the complaint referenced the statute for contesting annexations and the action was filed prior to the ordinance's operative date. Oneida Farms Dev., Inc. v. Town of Huntsville, — S.W.3d —, 2015 Tenn. App. LEXIS 913 (Tenn. Ct. App. Nov. 16, 2015).

Collateral References.

Right of one governmental subdivision to challenge annexation proceedings by another such subdivision. 17 A.L.R.5th 195.

6-51-104. Resolution for annexation by referendum — Notice.

    1. A municipality, when petitioned by interested persons, or upon its own initiative, by resolution, may propose extension of its corporate limits by the annexation of territory adjoining to its existing boundaries; provided, however, no such resolution shall propose annexation of any property being used primarily for agricultural purposes. Notwithstanding this part or any other law to the contrary, property being used primarily for agricultural purposes shall be annexed only with the written consent of the property owner or owners.
    2. A referendum is not required to effectuate annexation of territory if:
      1. All of the property owners within the territory proposed for annexation consent in writing; or

        [Effective until January 1, 2023.]

        1. (a)  Two-thirds (2/3) of the property owners within the territory proposed for annexation consent in writing;
  1. The total area of the property owned by the owners consenting to annexation under subdivision (a)(2)(B)(i) is more than one-half (1/2) of the territory proposed for annexation; and
  2. The proposed annexation consists of nine (9) or fewer parcels;
    1. A municipality may by resolution propose annexation of territory that does not adjoin the boundary of the main part of the municipality, without extending the corporate limits of that territory, if the territory proposed for annexation is entirely contained within the municipality's urban growth boundary and is either:
      1. To be used for industrial or commercial purpose or future residential development; or
      2. Owned by one (1) or more governmental entities.
    2. A resolution under this subsection (d) shall be ratified only with the written consent of the property owner or owners.
    3. For purposes of this subsection (d), the boundary of the main part of the municipality is defined as the corporate limits of the territory containing its town seat or city hall. Territory that does not adjoin that boundary before a proposal to annex it is introduced cannot be annexed except as provided in this subsection (d).
    4. The resolution shall include the plan of services adopted under § 6-51-102. The plan shall be prepared by the municipality in cooperation with the county in which the territory is located. The municipality and county shall enter into an interlocal agreement pursuant to § 5-1-113 to provide emergency services for any interceding properties and to maintain roads and bridges comprising the primary route to the area thus annexed as the municipality and county deem necessary.
    5. [Deleted by 2017 amendment.]

Subdivision (a)(2)(B) is repealed January 1, 2023.

(1)  (A)  A copy of the resolution, describing the territory proposed for annexation, shall be promptly sent by the municipality to the last known address listed in the office of the property assessor for each property owner of record within the territory proposed for annexation. The resolution shall be sent by first class mail and shall be mailed no later than fourteen (14) calendar days prior to the scheduled date of the hearing on such proposed annexation. The resolution shall also be published by posting copies of it in at least three (3) public places in the territory proposed for annexation and in a like number of public places in the municipality proposing such annexation, and by publishing notice of such resolution at or about the same time in a newspaper of general circulation, if there is one, in such territory and municipality. The resolution shall also include a plan of services for the area proposed for annexation. The plan of services shall comply with the requirements of § 6-51-102, including the public hearing and notice requirements, prior to the adoption of the resolution. Upon adoption of the plan of services, the municipality shall cause a copy of the resolution to be forwarded to the county mayor in whose county the territory being annexed is located.

A person or persons with personal knowledge of the mailing of the resolutions to each property owner of record pursuant to subdivision (b)(1)(A) may submit a notarized affidavit to the presiding officer of the municipality attesting that such resolutions were mailed in accordance with this subdivision (b)(1). Failure of a property owner to receive a notice that was mailed pursuant to subdivision (b)(1)(A) shall not be grounds to invalidate the annexation.

After receiving the notice from the municipality as provided in subdivision (b)(1), the county mayor shall notify the appropriate departments within the county regarding the information received from the municipality.

A resolution proposing annexation by written consent of the property owner or owners shall become effective only upon adoption of such resolution by the municipality.

Acts 1955, ch. 113, § 3; T.C.A., § 6-311; Acts 2005, ch. 411, §§ 5, 8; 2011, ch. 495, § 1; 2014, ch. 707, § 4; 2015, ch. 512, §§ 3, 11, 16; 2017, ch. 399, § 1; 2018, ch. 1047, § 1.

Compiler's Notes. Acts 2015, ch. 512, § 18 provided that the act take effect at 12:01 a.m. on May 16, 2015.  However, the governor signed the act and it became law on May 20, 2015.  Pursuant to Article II, § 20, of the Constitution of Tennessee, the act takes effect 40 days after the bill became law.  Thus, the effective date of the act is June 29, 2015.

Amendments. The 2014 amendment, effective May 16, 2015, in (a), added the proviso at the end of the first sentence and added the second and third sentences.

The 2015 amendment rewrote the fifth sentence of (b)(1)(A), which read: “The plan of services shall address the same services and timing of services as required in § 6-51-102” and added subsections (c) and (d).

The 2017 amendment deleted former (d)(5) which read: “This subsection (d) shall only apply in any county having a population according to the most recent decennial census that is greater than forty-four and one-half percent (44.5%) and fifty thousand (50,000) of its population in the preceding decennial census.”

The 2018 amendment added (a)(2); and, in present (a)(1), deleted the former last sentence which read: “A resolution to effectuate annexation of any property, with written consent of the property owner or owners, shall not require a referendum.”

Effective Dates. Acts 2011, ch. 495, § 2. July 1, 2011.

Acts 2014, ch. 707, § 8. May 16, 2015.

Acts 2015, ch. 512, § 18. June 29, 2015 [See the Compiler's Notes.].

Acts 2017, ch. 399, § 2. May 18, 2017.

Acts 2018, ch. 1047, § 2. May 21, 2018.

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, §§ 13, 18.

Law Reviews.

Local Government Law — 1961 Tennessee Survey (Eugene Puett), 14 Vand. L. Rev. 1335 (1961).

Attorney General Opinions. Right of non-resident property owners to vote in annexation referendum.  OAG 13-106, 2013 Tenn. AG LEXIS 111 (12/20/13).

NOTES TO DECISIONS

1. Constitutionality.

Where a town correctly followed statutory annexation provisions, inclusion of a farm and a subdivision within a single annexation referendum did not deny the farm owners' equal protection or substantive due process under the 14th amendment to the U.S. Constitution. State ex rel. Smith v. Church Hill, 828 S.W.2d 385, 1991 Tenn. App. LEXIS 354 (Tenn. Ct. App. 1991).

2. Description.

Where it was not contended that realtors were mislead by description or that they did not vote in election or were surprised, fact that there was error in description did not invalidate annexation where map correctly showed territory and therefore proper description could be determined. Johnson City v. State, 202 Tenn. 318, 304 S.W.2d 317, 1957 Tenn. LEXIS 393 (1957).

3. Rights of Interested Parties.

Interested parties do not acquire any vested rights in proceedings commenced under either § 6-51-102  or this section. Central Soya Co. v. Chattanooga, 207 Tenn. 138, 338 S.W.2d 576, 1960 Tenn. LEXIS 440 (1960) (decided under prior law).

Proceeding brought by interested persons for annexation by referendum as provided in this section and § 6-51-105 would not prevent city from proceeding under §§ 6-51-102, 6-51-103 to annex by ordinance only a portion of the territory in question. Central Soya Co. v. Chattanooga, 207 Tenn. 138, 338 S.W.2d 576, 1960 Tenn. LEXIS 440 (1960) (decided under prior law).

4. Multi-County Proceedings.

Municipality lying wholly within one county could annex territory adjoining to its boundaries but lying wholly within another county. Mt. Carmel v. Kingsport, 217 Tenn. 298, 397 S.W.2d 379, 1965 Tenn. LEXIS 546 (1965).

Provisions of this title providing for multi-county municipalities would be read in pari materia with this section. Mt. Carmel v. Kingsport, 217 Tenn. 298, 397 S.W.2d 379, 1965 Tenn. LEXIS 546 (1965).

It was the legislative intent that cities within a county should have priority in annexing that county's property. Bluff City v. Johnson City, 794 S.W.2d 732, 1990 Tenn. App. LEXIS 149 (Tenn. Ct. App. 1990).

Where city seeking to annex land in county in which it was incorporated failed to publish its annexation resolution as required by T.C.A. § 6-51-104, and failed to seek a referendum as required by T.C.A. § 6-51-105, but passed a resolution for annexation by referendum, city initiated annexation proceedings, bringing itself within the priority provisions of T.C.A. § 6-51-110, and obtained precedence over second city incorporated in another county seeking to annex the same land. Bluff City v. Johnson City, 794 S.W.2d 732, 1990 Tenn. App. LEXIS 149 (Tenn. Ct. App. 1990).

5. Review.

Annexation statutes expressly permit court review when method of annexation is by adoption of an ordinance but make no provision for court review when annexation is by referendum. State ex rel. Vicars v. Kingsport, 659 S.W.2d 367, 1983 Tenn. App. LEXIS 707 (Tenn. Ct. App. 1983).

Court review of annexation by referendum will be allowed when there is a constitutional infirmity. Municipal adjustment of boundary of area to be annexed so that majority of voters would be for annexation was not such an infirmity. State ex rel. Vicars v. Kingsport, 659 S.W.2d 367, 1983 Tenn. App. LEXIS 707 (Tenn. Ct. App. 1983).

6-51-105. Referendum on annexation.

  1. At least thirty (30) days and not more than sixty (60) days after the last of such publications, the proposed annexation of territory shall be submitted by the county election commission in an election held on the request and at the expense of the proposing municipality, for approval or disapproval of the qualified voters who reside in or own property in the territory proposed for annexation; provided, that not more than two (2) persons are entitled to vote based upon ownership of an individual tract of property, regardless of the number of owners of such property.
  2. The legislative body of the municipality affected may also at its option submit the questions involved to a referendum of the people residing within the municipality.
  3. In the election or elections to be held, the questions submitted to the qualified voters shall be “For Annexation” and “Against Annexation.”
  4. The county election commission shall promptly certify the results of the election or elections to the municipality. Upon receiving the certification from the county election commission, the municipality shall forward a copy of the certification to the county mayor in whose county the territory being annexed is located.
  5. If a majority of all the qualified voters voting thereon in the territory proposed to be annexed, or in the event of two (2) elections as provided for in subsections (a) and (b), a majority of the voters voting thereon in the territory to be annexed and a majority of the voters voting thereon in the municipality approve the resolution, annexation as provided therein shall become effective thirty (30) days after the certification of the election or elections.
  6. [Deleted by 2015 amendment]

Acts 1955, ch. 113, § 3; T.C.A., § 6-312; Acts 2005, ch. 411, § 6; 2015, ch. 512, § 4; 2019, ch. 408, § 1.

Compiler's Notes. Acts 2015, ch. 512, § 18 provided that the act take effect at 12:01 a.m. on May 16, 2015.  However, the governor signed the act and it became law on May 20, 2015.  Pursuant to Article II, § 20, of the Constitution of Tennessee, the act takes effect 40 days after the bill became law.  Thus, the effective date of the act is June 29, 2015.

Amendments. The 2015 amendment deleted (f), which read “The mode of annexation provided in this section is in addition to the mode provided in § 6-51-102.”

The 2019 amendment substituted “who reside in or own property in the territory proposed for annexation; provided, that not more than two (2) persons are entitled to vote based upon ownership of an individual tract of property, regardless of the number of owners of such property” for “who reside in the territory proposed for annexation” in (a).

Effective Dates. Acts 2015, ch. 512, § 18. June 29, 2015 [See the Compiler's Notes.].

Acts 2019, ch. 408, § 2. May 21, 2019.

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, §§ 15, 16.

NOTES TO DECISIONS

1. Constitutionality.

Where a town correctly followed statutory annexation provisions, inclusion of a farm and a subdivision within a single annexation referendum did not deny the farm owners' equal protection or substantive due process under the 14th amendment to the U.S. Constitution. State ex rel. Smith v. Church Hill, 828 S.W.2d 385, 1991 Tenn. App. LEXIS 354 (Tenn. Ct. App. 1991).

2. Review.

Annexation statutes expressly permit court review when method of annexation is by adoption of an ordinance but make no provision for court review when annexation is by referendum. State ex rel. Vicars v. Kingsport, 659 S.W.2d 367, 1983 Tenn. App. LEXIS 707 (Tenn. Ct. App. 1983).

Court review of annexation by referendum will be allowed when there is a constitutional infirmity. Municipal adjustment of boundary of area to be annexed so that majority of voters would be for annexation was not such an infirmity. State ex rel. Vicars v. Kingsport, 659 S.W.2d 367, 1983 Tenn. App. LEXIS 707 (Tenn. Ct. App. 1983).

3. Multi-County Proceedings.

It was the legislative intent that cities within a county should have priority in annexing that county's property. Bluff City v. Johnson City, 794 S.W.2d 732, 1990 Tenn. App. LEXIS 149 (Tenn. Ct. App. 1990).

Where city seeking to annex land in county in which it was incorporated failed to publish its annexation resolution as required by T.C.A. § 6-51-104, and failed to seek a referendum as required by T.C.A. § 6-51-105, but passed a resolution for annexation by referendum, city initiated annexation proceedings, bringing itself within the priority provisions of T.C.A. § 6-51-110, and obtained precedence over second city incorporated in another county seeking to annex the same land. Bluff City v. Johnson City, 794 S.W.2d 732, 1990 Tenn. App. LEXIS 149 (Tenn. Ct. App. 1990).

4. Residency.

Under the provisions of T.C.A. § 6-51-105, residency includes the curtilage of the qualified voters who reside in the territory proposed for annexation; thus, those residents along the rights-of-way whose curtilage extended into territory proposed for annexation were entitled to vote in the referendum. Committee to Oppose the Annexation of Topside & Louisville Rd. v. City of Alcoa, 881 S.W.2d 269, 1994 Tenn. LEXIS 222 (Tenn. 1994).

5. Rights of Interested Parties.

Interested parties do not acquire any vested rights in proceedings commenced under either this section or § 6-51-104. Central Soya Co. v. Chattanooga, 207 Tenn. 138, 338 S.W.2d 576, 1960 Tenn. LEXIS 440 (1960).

Proceeding brought by interested persons for annexation by referendum under §§ 6-51-104, 6-51-105 would not prevent city from proceeding under §§ 6-51-102, 6-51-103 to annex by ordinance only a portion of the territory in question. Central Soya Co. v. Chattanooga, 207 Tenn. 138, 338 S.W.2d 576, 1960 Tenn. LEXIS 440 (1960) (decided under prior law).

6-51-106. Abandonment of proceedings.

Any annexation proceeding initiated under § 6-51-104 may be abandoned and discontinued at any time by resolution of the governing body of the municipality.

Acts 1955, ch. 113, § 4; T.C.A., § 6-313; 2015, ch. 512, § 5.

Compiler's Notes. Acts 2015, ch. 512, § 18 provided that the act take effect at 12:01 a.m. on May 16, 2015.  However, the governor signed the act and it became law on May 20, 2015.  Pursuant to Article II, § 20, of the Constitution of Tennessee, the act takes effect 40 days after the bill became law.  Thus, the effective date of the act is June 29, 2015.

Amendments. The 2015 amendment deleted “§ 6-51-102 or” preceding “§ 6-51-104”.

Effective Dates. Acts 2015, ch. 512, § 18. June 29, 2015 [See the Compiler's Notes.].

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, § 17.

NOTES TO DECISIONS

1. In General.

This section has reference to proceedings that have not culminated in passage of valid ordinance, and “initiated” therefore, must not be equated with “passage.” Lee v. Chattanooga, 500 S.W.2d 917, 1973 Tenn. App. LEXIS 286 (Tenn. Ct. App. 1973), cert. denied, 419 U.S. 869, 95 S. Ct. 128, 42 L. Ed. 2d 108, 1974 U.S. LEXIS 2770 (1974).

This section must be read in pari materia with § 6-51-201 where abandonment proceeding was attempted after valid passing of annexation ordinance. Lee v. Chattanooga, 500 S.W.2d 917, 1973 Tenn. App. LEXIS 286 (Tenn. Ct. App. 1973), cert. denied, 419 U.S. 869, 95 S. Ct. 128, 42 L. Ed. 2d 108, 1974 U.S. LEXIS 2770 (1974).

2. Applicability.

T.C.A. § 6-51-106 is applicable only in situations where the annexing municipality has “initiated” annexation proceedings but has not yet passed an annexation ordinance. Bluff City v. Morrell, 764 S.W.2d 200, 1988 Tenn. LEXIS 268 (Tenn. 1988).

6-51-107. Referral to planning agency.

The governing body of a municipality shall, if its charter so provides, and otherwise may, refer any proposed annexation to the planning agency of the municipality for study of all pertinent matters relating thereto, and the planning agency expeditiously shall make such a study and report to the governing body.

Acts 1955, ch. 113, § 5; T.C.A., § 6-314.

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, § 17.

NOTES TO DECISIONS

1. Construction.

Where charter of City of Knoxville made no mention of annexation of territory, provisions of this section were discretionary rather than mandatory. Knoxville v. State, 207 Tenn. 558, 341 S.W.2d 718, 1960 Tenn. LEXIS 492 (1960).

Referral to a planning commission was discretionary and not mandatory where charter did not so require. State ex rel. Hardison v. Columbia, 210 Tenn. 514, 360 S.W.2d 39, 1962 Tenn. LEXIS 313 (1962), superseded by statute as stated in, Highwoods Props., Inc. v. City of Memphis, 297 S.W.3d 695, 2009 Tenn. LEXIS 487 (Tenn. July 27, 2009).

6-51-108. Rights of residents of annexed territory — Plan of service and progress report.

  1. Residents of, and persons owning property in, annexed territory shall be entitled to rights and privileges of citizenship, in accordance with the annexing municipality's charter, immediately upon annexation as though such annexed territory had always been a part of the annexing municipality. It shall be the duty of the governing body to put into effect with respect to an annexed area any charter provisions relating to representation on the governing body.
    1. This subsection (b) shall apply to any municipality whose annexation ordinance becomes effective by court order pursuant to § 6-51-103(d).
    2. Within ten (10) days after the date on which a court order is entered sustaining the validity of a proposed annexation, any annexing municipality to which this subsection (b) applies shall submit written notification, meeting the requirements of subdivision (b)(3), to each person owning real property in the territory that the territory will become a part of the municipality. In the event an appeal is taken from the court order, the annexing municipality shall notify the property owners in writing of the pending appeal. If on appeal the court affirms the validity of the proposed annexation, the municipality shall submit written notification, meeting the requirements of subdivision (b)(3), to the property owners within ten (10) days of entry of judgment of the appellate court.
    3. The advance written notification shall include the date on which the annexed territory becomes a part of the municipality, a detailed description of the annexed territory, and the reasons for the annexation. The notification shall be sent by first class mail to the last known address listed in the office of the property assessor for each property owner of record within the annexed territory.
    4. A person with personal knowledge of the mailing of the notification shall submit a notarized affidavit to the presiding officer of the annexing municipality attesting that the notifications were mailed in accordance with subdivision (b)(3).
  2. Upon the expiration of six (6) months from the date any annexed territory for which a plan of service has been adopted becomes a part of the annexing municipality, and annually thereafter until services have been extended according to such plan, there shall be prepared and published in a newspaper of general circulation in the municipality a report of the progress made in the preceding year toward extension of services according to such plan, and any changes proposed therein. The governing body of the municipality shall publish notice of a public hearing on such progress reports and changes, and hold such hearing thereon. Any owner of property in an annexed area to which such plan and progress report are applicable may file a suit for mandamus to compel the governing body to comply with the requirements of this subsection (c).
  3. A municipality may amend a plan of services by resolution of the governing body only after a public hearing for which notice has been published at least fifteen (15) days in advance in a newspaper of general circulation in the municipality when:
    1. The amendment is reasonably necessary due to natural disaster, act of war, act of terrorism, or reasonably unforeseen circumstances beyond the control of the municipality;
    2. The amendment does not materially or substantially decrease the type or level of services or substantially delay the provision of services specified in the original plan; or
    3. The amendment:
      1. Proposes to materially and substantially decrease the type or level of services under the original plan or to substantially delay those services;
      2. Is not justified under subdivision (d)(1); and
      3. Has received the approval in writing of a majority of the property owners by parcel in the area annexed. In determining a majority of property owners, a parcel of property with more than one (1) owner shall be counted only once and only if owners comprising a majority of the ownership interests in the parcel petition together as the owner of the particular parcel.
  4. An aggrieved property owner in the annexed territory may bring an action in the appropriate court of equity jurisdiction to enforce the plan of services at any time after one hundred eighty (180) days after an annexation takes effect and until the plan of services is fulfilled, and may bring an action to challenge the legality of an amendment to a plan of services if such action is brought within thirty (30) days after the adoption of the amendment to the plan of services. If the court finds that the municipality has amended the plan of services in an unlawful manner, then the court shall decree the amendment null and void and shall reinstate the previous plan of services. If the court finds that the municipality has materially and substantially failed to comply with its plan of services for the territory in question, then the municipality shall be given the opportunity to show cause why the plan of services was not carried out. If the court finds that the municipality's failure is due to natural disaster, act of war, act of terrorism, or reasonably unforeseen circumstances beyond the control of the municipality that materially and substantially impeded the ability of the municipality to carry out the plan of services, then the court shall alter the timetable of the plan of services so as to allow the municipality to comply with the plan of services in a reasonable time and manner. If the court finds that the municipality's failure was not due to natural disaster, act of war, act of terrorism, or reasonably unforeseen circumstances beyond the control of the municipality that materially and substantially impeded the ability of the municipality to carry out the plan of services, then the court shall issue a writ of mandamus to compel the municipality to provide the services contained in the plan, shall establish a timetable for the provision of the services in question, and shall enjoin the municipality from any further annexations until the services subject to the court's order have been provided to the court's satisfaction, at which time the court shall dissolve its injunction. If the court determines that the municipality has failed without cause to comply with the plan of services or has unlawfully amended its plan of services, the court shall assess the costs of the suit against the municipality.

Acts 1955, ch. 113, § 6; 1974, ch. 753, §§ 3, 8, 9; T.C.A., § 6-315; Acts 1998, ch. 1101, § 21; 2013, ch. 462, § 1; 2015, ch. 512, § 12.

Compiler's Notes. Acts 2015, ch. 512, § 18 provided that the act take effect at 12:01 a.m. on May 16, 2015.  However, the governor signed the act and it became law on May 20, 2015.  Pursuant to Article II, § 20, of the Constitution of Tennessee, the act takes effect 40 days after the bill became law.  Thus, the effective date of the act is June 29, 2015.

Amendments. The 2015 amendment deleted “by ordinance” following “annexation” in the first sentence of (e).

Effective Dates. Acts 2015, ch. 512, § 18. June 29, 2015 [See the Compiler's Notes.].

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, § 17.

NOTES TO DECISIONS

1. Duty to Provide Privileges of Citizenship.

The presumption is that the governing body of the municipality will do its duty with respect to the requirements of this section. Knoxville v. State, 207 Tenn. 558, 341 S.W.2d 718, 1960 Tenn. LEXIS 492 (1960); State ex rel. Hardison v. Columbia, 210 Tenn. 514, 360 S.W.2d 39, 1962 Tenn. LEXIS 313 (1962), superseded by statute as stated in, Highwoods Props., Inc. v. City of Memphis, 297 S.W.3d 695, 2009 Tenn. LEXIS 487 (Tenn. July 27, 2009).

Fact that city was divided into wards by private act of the general assembly would not preclude annexation upon argument that city was without authority to change wards to provide representation in annexed area since express provision is made in this section for representation and method of so providing did not bear on the question of the validity of the annexation. State ex rel. Cope v. Morristown, 218 Tenn. 593, 404 S.W.2d 798, 1966 Tenn. LEXIS 590 (1966).

2. Annexation by Ordinance.

It is not necessary that the annexation ordinance provide for representation of residents of the annexed ordinance as a condition precedent to the validity of the annexation proceedings since it is sufficient if those rights are provided when the ordinance becomes effective. Knoxville v. State, 207 Tenn. 558, 341 S.W.2d 718, 1960 Tenn. LEXIS 492 (1960); State ex rel. Maury County Farmers Co-op Corp. v. Columbia, 210 Tenn. 657, 362 S.W.2d 219, 1962 Tenn. LEXIS 326 (1962).

Trial court properly granted a city summary judgment in property owners'  action alleging it had no authority to assess property taxes in an annexed area for 2012 because the annexation took effect on July 29, 2011, and thus, the city was entitled to collect property taxes from the newly annexed area for 2012; the city's failure to provide municipal services to the residents of the annexed area until July 1, 2012 did not alter or delay the effective date of the annexation. O'Shields v. City of Memphis, — S.W.3d —, 2017 Tenn. App. LEXIS 132 (Tenn. Ct. App. Feb. 23, 2017), appeal denied, O'Shields v. City of Memphis, — S.W.3d —, 2017 Tenn. LEXIS 420 (Tenn. July 19, 2017).

6-51-109. Annexation of smaller municipality by larger municipality.

  1. Upon receipt of a petition in writing of twenty percent (20%) of the qualified voters of a smaller municipality, voting at the last general election, such petition to be filed with the chief executive officer of the smaller municipality who shall promptly submit the petition to the chief executive officer of the larger municipality, such larger municipality may annex such portion of the territory of the smaller municipality described in the petition or the totality of such smaller municipality if so described in the petition only after a majority of the qualified voters voting in an election in such smaller municipality vote in favor of the annexation.
  2. The county election commission shall hold such an election on the request and at the expense of the larger municipality, the results of which shall be certified to each municipality.
  3. If a majority of the qualified voters voting in such election are in favor of annexation, the corporate existence of such smaller municipality shall end within thirty (30) days after the certification of the election results, and all of the choses in action, including the right to collect all uncollected taxes, and all other assets of every kind and description of the smaller municipality shall be taken over by and become the property of the larger municipality. All legally subsisting liabilities, including any bonded indebtedness, of the smaller municipality shall be assumed by the larger municipality, which shall thereafter have as full jurisdiction over the territory of the smaller municipality as over that lying within the existing corporate limits of the larger municipality.

Acts 1955, ch. 113, § 7; T.C.A., § 6-316; Acts 1987, ch. 31, § 1; 2015, ch. 512, §§ 13, 14.

Compiler's Notes. Acts 2015, ch. 512, § 18 provided that the act take effect at 12:01 a.m. on May 16, 2015.  However, the governor signed the act and it became law on May 20, 2015.  Pursuant to Article II, § 20, of the Constitution of Tennessee, the act takes effect 40 days after the bill became law.  Thus, the effective date of the act is June 29, 2015.

Amendments. The 2015 amendment deleted “by ordinance” preceding “annex” near the middle of (a) and substituted “certification of the election results” for “adoption of the ordinance by the larger municipality” in the first sentence of (c).

Effective Dates. Acts 2015, ch. 512, § 18. June 29, 2015 [See the Compiler's Notes.].

6-51-110. Priority of municipalities in annexation.

  1. Nothing in this part and § 6-51-301 shall be construed to authorize annexation proceedings by a smaller municipality with respect to territory within the corporate limits of a larger municipality nor, except in counties having a population of not less than sixty-five thousand (65,000) nor more than sixty-six thousand (66,000) and counties having a population of four hundred thousand (400,000) or more, according to the federal census of 1970 or any subsequent federal census, and except in counties having a metropolitan form of government, by a larger municipality with respect to territory within the corporate limits of a smaller municipality in existence for ten (10) or more years. Notwithstanding this chapter to the contrary, in counties of this state having a population of not less than two hundred seventy-six thousand (276,000) nor more than two hundred seventy-seven thousand (277,000), according to the federal census of 1970 or any subsequent federal census, nothing in this part shall be construed to authorize annexation proceedings by a larger municipality with respect to territory within the corporate limits of any smaller municipality in existence at the time of the proposed annexation.
  2. If two (2) municipalities that were incorporated in the same county shall initiate annexation proceedings with respect to the same territory, the proceedings of the municipality having the larger population shall have precedence and the smaller municipality's proceedings shall be held in abeyance pending the outcome of the proceedings of such larger municipality.
  3. If two (2) municipalities that were incorporated in different counties shall initiate annexation proceedings with respect to the same territory, the proceedings of the municipality that was incorporated in the same county in which the territory to be annexed is located shall have precedence and the other municipality's proceedings shall be held in abeyance pending the outcome of the proceedings of the municipality that was incorporated in the same county as the territory to be annexed.
  4. Except in counties having a population of not less than sixty-five thousand (65,000) nor more than sixty-six thousand (66,000) and counties having a population of four hundred thousand (400,000) or more, according to the federal census of 1970 or any subsequent federal census, and except in counties having a metropolitan form of government, annexation proceedings shall be considered as initiated upon passage on first reading of an ordinance of annexation.
  5. [Deleted by 2015 amendment]
  6. When a larger municipality initiates annexation proceedings for a territory that could be subject to annexation by a smaller municipality, the smaller municipality shall have standing to challenge the proceedings in the chancery court of the county where the territory proposed to be annexed is located.
  7. [Deleted by 2015 amendment]

Acts 1955, ch. 113, § 8; 1969, ch. 136, § 2; 1974, ch. 753, §§ 5, 8, 9; 1978, ch. 684, § 1; T.C.A., § 6-317; Acts 1980, ch. 833, § 1; 2015, ch. 512, § 6.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Acts 2015, ch. 512, § 18 provided that the act take effect at 12:01 a.m. on May 16, 2015.  However, the governor signed the act and it became law on May 20, 2015.  Pursuant to Article II, § 20, of the Constitution of Tennessee, the act takes effect 40 days after the bill became law.  Thus, the effective date of the act is June 29, 2015.

Amendments. The 2015 amendment deleted (e) which read, “(e) If the ordinance of annexation of the larger municipality does not receive final approval within one hundred eighty (180) days after having passed its first reading, the proceeding shall be void and a smaller municipality shall have priority with respect to annexation of the territory; provided, that its annexation ordinance shall likewise be adopted upon final passage within one hundred eighty (180) days after having passed its first reading.” and (g) which read, “(g) A smaller municipality may, by ordinance, extend its corporate limits by annexation of any contiguous territory, when such territory within the corporate limits of a larger municipality is less than seventy-five (75) acres in area, is not populated, is separated from the larger municipality by a limited access express highway, its access ramps or service roads, and is not the site of industrial plant development. The provisions of this chapter relative to the adoption of a plan of service and the submission of same to a local planning commission, if there be such, shall not be required of the smaller municipality for such annexation.”

Effective Dates. Acts 2015, ch. 512, § 18. June 29, 2015 [See the Compiler's Notes.].

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, §§ 18, 100; 21 Tenn. Juris., Quo Warranto, § 5.

Law Reviews.

Municipal Annexation in Tennessee, 47 Tenn. L. Rev. 651 (1980).

Attorney General Opinions. Annexation priorities, 98-0148, 1998 Tenn. AG LEXIS 148 (8/12/98).

Annexation under metropolitan form of government.  OAG 10-109, 2010 Tenn. AG LEXIS 115 (10/28/10).

NOTES TO DECISIONS

1. In General.

This section merely designated the priority of annexation and did not define the areas that may be annexed by the preferred municipality differently from that specified in T.C.A. § 6-51-102. Bartlett v. Memphis, 482 S.W.2d 782, 1972 Tenn. App. LEXIS 342 (Tenn. Ct. App. 1972) (decided under prior law).

2. Applicability.

The general assembly did not intend T.C.A. § 6-51-110(f) to have any effect upon the procedural requirements governing individual actions brought pursuant to T.C.A. § 6-51-103. Thus, the provisions in T.C.A. § 6-51-110(f), permitting a municipality to contest another municipality's annexation ordinance in the chancery court of the county where the land is located, is limited to actions brought by a municipality and cannot be judicially extended to actions brought by an individual. State ex rel. Hornkohl v. Tullahoma, 746 S.W.2d 199, 1987 Tenn. App. LEXIS 3099 (Tenn. Ct. App. 1987), superseded by statute as stated in, Hardin County ex rel. Harris v. Adamsville, — S.W.2d —, 1990 Tenn. App. LEXIS 801 (Tenn. Ct. App. Nov. 9, 1990).

3. Noncontiguous Territories.

Plans adopted by city council, notices given and hearings held relative to attempts to annex territory that was not adjacent to city boundaries were null and void. Bartlett v. Memphis, 482 S.W.2d 782, 1972 Tenn. App. LEXIS 342 (Tenn. Ct. App. 1972).

4. Annexation of Same Area.

Where two cities are attempting to annex the same territory the larger city will be given priority. Gallatin v. Hendersonville, 510 S.W.2d 507, 1974 Tenn. LEXIS 506 (Tenn. 1974).

No suspension of the general annexation law is involved in prescribing which municipality should be given precedence, as between two municipalities competing for the same territory at the same time, and a determination by the general assembly that the larger municipality should prevail did not constitute unreasonable class legislation. Watauga v. Johnson City, 589 S.W.2d 901, 1979 Tenn. LEXIS 514 (Tenn. 1979).

It was the legislative intent that cities within a county should have priority in annexing that county's property. Bluff City v. Johnson City, 794 S.W.2d 732, 1990 Tenn. App. LEXIS 149 (Tenn. Ct. App. 1990).

Where city seeking to annex land in county in which it was incorporated failed to publish its annexation resolution as required by T.C.A. § 6-51-104, and failed to seek a referendum as required by T.C.A. § 6-51-105, but passed a resolution for annexation by referendum, city initiated annexation proceedings, bringing itself within the priority provisions of T.C.A. § 6-51-110, and obtained precedence over second city incorporated in another county seeking to annex the same land. Bluff City v. Johnson City, 794 S.W.2d 732, 1990 Tenn. App. LEXIS 149 (Tenn. Ct. App. 1990).

Under T.C.A. § 6-51-110(b) of this section, a city would have priority and precedence over town's annexation of same area. City of Bristol v. Town of Bluff City, 868 S.W.2d 282, 1993 Tenn. App. LEXIS 487 (Tenn. Ct. App. 1993), appeal denied, City of Bristol v. City of Bluff City, 868 S.W.2d 282, 1993 Tenn. LEXIS 449 (Tenn. 1993).

Court erred in finding that larger town waited too late to assert its statutory priority because larger town's annexation proceedings were initiated prior to the effective date of smaller town's ordinance, larger town's proceedings had precedence, and smaller town's annexation proceedings must be held in abeyance pending the outcome of larger town's proceedings pursuant to T.C.A. § 6-51-110; effective date of the annexation, not the date of final passage, was the operative date by which a municipality with a larger population must initiate annexation proceedings in order to take advantage of its statutory priority. Town of Oakland v. Town of Somerville, 298 S.W.3d 600, 2008 Tenn. App. LEXIS 778 (Tenn. Ct. App. Dec. 30, 2008), appeal denied, — S.W.3d —, 2009 Tenn. LEXIS 552 (Tenn. Aug. 24, 2009).

T.C.A. § 6-58-111 required a larger city to obtain an amendment to the county growth plan before it could effect an annexation of territory beyond its urban growth boundary by ordinance. A smaller city successfully held an annexation referendum pursuant to former § 6-58-111(d)(2) [deleted by 2010 amendment] and annexed the territory the larger city sought to annex. City of Harriman v. Roane County Election Comm'n, 354 S.W.3d 685, 2011 Tenn. LEXIS 576 (Tenn. June 9, 2011).

5. No Monopoly Created.

It is the exclusive prerogative of the general assembly to create municipalities and to alter, shrink or enlarge their boundaries and therefore this section favoring larger municipalities does not create a monopoly in violation of Tenn. Const., art. I, § 22. Watauga v. Johnson City, 589 S.W.2d 901, 1979 Tenn. LEXIS 514 (Tenn. 1979).

6. Venue for Annexation Challenge.

Where territory annexed was located in two counties, the venue of an action challenging such annexation would be in either county. Watauga v. Johnson City, 589 S.W.2d 901, 1979 Tenn. LEXIS 514 (Tenn. 1979).

7. Standing of Smaller Municipalities.

By T.C.A. § 6-51-110 the general assembly intended to grant to smaller municipalities the same standing to challenge annexation that it, theretofore, granted to owners of property in the territory to be annexed as provided in T.C.A. § 6-51-103, no more and no less. Watauga v. Johnson City, 589 S.W.2d 901, 1979 Tenn. LEXIS 514 (Tenn. 1979); State ex rel. Hornkohl v. Tullahoma, 746 S.W.2d 199, 1987 Tenn. App. LEXIS 3099 (Tenn. Ct. App. 1987), superseded by statute as stated in, Hardin County ex rel. Harris v. Adamsville, — S.W.2d —, 1990 Tenn. App. LEXIS 801 (Tenn. Ct. App. Nov. 9, 1990).

The purpose of T.C.A. § 6-51-110 was to grant smaller municipalities the same standing to challenge annexation proceedings that had already been given to affected property owners. State ex rel. Hornkohl v. Tullahoma, 746 S.W.2d 199, 1987 Tenn. App. LEXIS 3099 (Tenn. Ct. App. 1987), superseded by statute as stated in, Hardin County ex rel. Harris v. Adamsville, — S.W.2d —, 1990 Tenn. App. LEXIS 801 (Tenn. Ct. App. Nov. 9, 1990).

8. Complaint by Smaller Municipality.

A complaint by a smaller municipality challenging an annexation must raise the issue of reasonableness of the annexation as prescribed by § 6-51-103 and such complaint cannot be based on procedural defects for actions contrary to § 6-51-102. Watauga v. Johnson City, 589 S.W.2d 901, 1979 Tenn. LEXIS 514 (Tenn. 1979) (decided under prior law).

Collateral References.

Right of one governmental subdivision to challenge annexation proceedings by another such subdivision. 17 A.L.R.5th 195.

6-51-111. Municipal property and services.

  1. Upon referendum approval of an annexation resolution as provided in this part, an annexing municipality and any affected instrumentality of the state, including, but not limited to, a utility district, sanitary district, school district, or other public service district, shall attempt to reach agreement in writing for allocation and conveyance to the annexing municipality of any or all public functions, rights, duties, property, assets and liabilities of such state instrumentality that justice and reason may require in the circumstances. Any and all agreements entered into before March 8, 1955, relating to annexation shall be preserved. The annexing municipality, if and to the extent that it may choose, shall have the exclusive right to perform or provide municipal and utility functions and services in any territory that it annexes, notwithstanding § 7-82-301 or any other statute, subject, however, to the provisions of this section with respect to electric cooperatives.
  2. Subject to such exclusive right, any such matters upon which the respective parties are not in agreement in writing within sixty (60) days after the operative date of such annexation shall be settled by arbitration with the laws of arbitration of this state effective at the time of submission to the arbitrators, and § 29-5-101(2) shall not apply to any arbitration arising under this part and § 6-51-301. The award so rendered shall be transmitted to the chancery court of the county in which the annexing municipality is situated, and thereupon shall be subject to review in accordance with §§ 29-5-113 — 29-5-115 and 29-5-118.
    1. If the annexed territory is then being provided with a utility service by a state instrumentality that has outstanding bonds or other obligations payable from the revenues derived from the sale of such utility service, the agreement or arbitration award referred to in subsections (a) and (b) shall also provide that:
      1. The municipality will operate the utility property in such territory and account for the revenues therefrom in such manner as not to impair the obligations of contract with reference to such bonds or other obligations; or
      2. The municipality will assume the operation of the entire utility system of such state instrumentality and the payment of such bonds or other obligations in accordance with their terms.
    2. Such agreement or arbitration award shall fully preserve and protect the contract rights vested in the holders of such outstanding bonds or other obligations.
    1. Notwithstanding any law to the contrary, if a private individual or business entity provides utility service within the boundaries of a municipality under the terms of a privilege, franchise, license, or agreement granted or entered into by the municipality, and if the municipality annexes territory that includes the service area of a utility district, then such private individual or business entity and the utility district shall attempt to reach agreement in writing for allocation and conveyance to such private individual or business entity of any or all public functions, rights, duties, property, assets, and liabilities of such utility district that justice and reason may require in the circumstances. If an agreement is not reached, then notwithstanding the change of municipal boundaries, the service area of the utility district shall remain unchanged, and such private individual or business entity shall not provide utility service in the service area of the utility district.
    2. Nothing in subdivision (d)(1) shall be construed to diminish the authority of any municipality to annex.
  3. If at the time of annexation, the annexed territory is being provided with utility service by a municipal utility system or other state instrumentality, including but not limited to, a utility district, the annexing municipality shall, by delivering written notice of its election to the municipal utility system or other state instrumentality, have the right to purchase all or any part of the utility system of the municipal utility system or other state instrumentality then providing utility service to the area being annexed that the annexing municipality has elected to serve under this section. The purchase price shall be a price agreed upon by the parties for the properties comprising the utility system, or part thereof, that is being acquired and payment of such purchase price shall be on terms agreed to by the parties. In the event the parties cannot agree on a purchase price, then a final determination of the fair market value of the properties being acquired and all other outstanding issues related to the provision of utility services in the annexed area shall be made using the arbitration provisions of subsection (b); provided, that the arbitrator or arbitrators shall be a person or persons experienced and qualified to value public utility properties and any such arbitrator or arbitrators shall be agreed upon by the parties. If the parties cannot agree, the selection of an arbitrator shall be as otherwise provided by the laws of arbitration of this state. Such method and determination shall be the sole means by which the annexing municipality may acquire the facilities of a municipal utility or other state instrumentality located in the annexed territory.

Acts 1955, ch. 113, § 9; 1957, ch. 381, § 1; 1968, ch. 413, § 1; T.C.A., § 6-318; Acts 1993, ch. 375, § 1; 1998, ch. 586, § 1; 2003, ch. 93, § 1; 2015, ch. 512, § 7.

Compiler's Notes. Acts 2015, ch. 512, § 18 provided that the act take effect at 12:01 a.m. on May 16, 2015.  However, the governor signed the act and it became law on May 20, 2015.  Pursuant to Article II, § 20, of the Constitution of Tennessee, the act takes effect 40 days after the bill became law.  Thus, the effective date of the act is June 29, 2015.

Amendments. The 2015 amendment deleted “Upon adoption of an annexation ordinance or” at the beginning of (a).

Effective Dates. Acts 2015, ch. 512, § 18. June 29, 2015 [See the Compiler's Notes.].

Cross-References. Arbitration, title 29, ch. 5.

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, §§ 17, 19, 71.

Law Reviews.

Constitutional Law — 1960 Tennessee Survey (James C. Kirby, Jr.), 13 Vand. L. Rev. 1021 (1960).

Attorney General Opinions. Authority of city to charge franchise fee to a private company providing utility service in newly annexed territory, where that territory is in the service area of a utility district, OAG 07-086, 2007 Tenn. AG LEXIS 86 (6/1/07).

Power of a city to acquire ownership of a water utility district, OAG 07-124 (8/16/07).

Application of Tenn. Const., art. II, § 9, to a local government investing in a mutual fund organized as a business trust that invests in assets authorized under Tennessee law, OAG 07-125, 2007 Tenn. AG LEXIS 125 (8/17/07).

Municipality’s right to provide water services in annexed territory; conflict between T.C.A. §§ 5-6-120 and 6-51-111 and implied repeal of T.C.A. § 5-6-120 by T.C.A. § 6-51-111(e) to the extent of the inconsistency between the two statutes. OAG 14-19, 2014 Tenn. AG LEXIS 20 (2/14/14).

Providing natural gas within city limits.  OAG 14-42, 2014 Tenn. AG LEXIS 43 (4/1/14).

NOTES TO DECISIONS

1. “Affected Instrumentality of the State” Construed.

Counties are included within the phrase “any affected instrumentality of the state of Tennessee.” Hamilton County v. Chattanooga, 203 Tenn. 85, 310 S.W.2d 153, 1958 Tenn. LEXIS 279 (1958).

This section encompasses state instrumentalities other than those listed. Lenoir City v. State, 571 S.W.2d 297, 1978 Tenn. LEXIS 646 (Tenn. 1978).

A municipality is an affected instrumentality of the state within the meaning of this section. Lenoir City v. State, 571 S.W.2d 297, 1978 Tenn. LEXIS 646 (Tenn. 1978).

2. Purpose of Section.

The general purpose of this section is to provide an outline of the procedure for transferring utility functions to an annexing municipality. Lenoir City v. State, 571 S.W.2d 297, 1978 Tenn. LEXIS 646 (Tenn. 1978).

3. Determination of Issues.

Question of effect of annexation ordinance on liability of county for repayment of school bonds could not be raised in suit under § 6-51-103 to contest reasonableness of annexation ordinance. State ex rel. Spoone v. Morristown, 222 Tenn. 21, 431 S.W.2d 827, 1968 Tenn. LEXIS 408 (1968), superseded by statute as stated in, Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978), superseded by statute as stated in, Highwoods Props., Inc. v. City of Memphis, 297 S.W.3d 695, 2009 Tenn. LEXIS 487 (Tenn. July 27, 2009).

4. Necessity for Franchise.

Before any corporation may furnish electricity within the territory of a municipality it must have the permission of that municipality in the form of a franchise even where the corporation has been serving the area before it became a part of the municipality. Franklin Power & Light Co. v. Middle Tennessee Electric Membership Corp., 222 Tenn. 182, 434 S.W.2d 829, 1968 Tenn. LEXIS 421 (1968).

5. Arbitration.

Provision in this section for arbitration was not limited to cases of a partial take-over but also applied where city proposed absolute control and operation of an entire utility system. Hendersonville v. Hendersonville Utility Dist., 506 S.W.2d 149, 1973 Tenn. App. LEXIS 266 (Tenn. Ct. App. 1973).

6. Conveyance of Rights, Duties, Liabilities.

Where the city of Memphis annexed part of a water district and elected under the statute to provide water services to the entire area served by the district, the city was required to assume an acceleration of refund payments obligation pursuant to a contract entered into by the district and a subdivision developer prior to annexation. Pitts & Co. v. Memphis, 558 S.W.2d 448, 1977 Tenn. App. LEXIS 314 (Tenn. Ct. App. 1977).

Rights relating to the taking of properties of a city's utilities board by the utilities board of a city annexing an area served by the former board were governed by T.C.A. § 6-51-111, not by T.C.A. § 6-51-112, providing for the payment of compensation to electric cooperatives. Knoxville Utils. Bd. v. Lenoir City Utils. Bd., 943 S.W.2d 879, 1996 Tenn. App. LEXIS 508 (Tenn. Ct. App. 1996).

7. Preemption.

In a dispute over providing water and sewer utility services to two disputed industrial customers, although this section may have given an annexing municipality the “exclusive right” to provide utility services to disputed customers upon annexation, the Supremacy Clause demanded that this right must yield to the protections afforded by 7 U.S.C.S § 1926(b) once the city that had been providing the service for decades became indebted to the USDA. City of Cowan v. City of Winchester, — F. Supp. 2d —,  2015 U.S. Dist. LEXIS 101950 (E.D. Tenn. Aug. 3, 2015).

6-51-112. Electric cooperatives.

  1. Notwithstanding any other statute, if the annexing municipality owns and operates its own electric system, it shall either offer to purchase any electric distribution properties and service rights within the annexed area owned by any electric cooperative, or grant such cooperative a franchise to serve the annexed area, as follows:
    1. The municipality shall notify the affected electric cooperative in writing of the boundaries of the annexed area and shall indicate such area on appropriate maps;
    2. The municipality shall offer to purchase the electric distribution properties of the cooperative located within the annexed area, together with all of the cooperative's rights to serve within such area, for a cash consideration, which shall consist of:
      1. The present-day reproduction cost, new, of the facilities being acquired, less depreciation computed on a straight-line basis; plus
      2. An amount equal to the cost of constructing any necessary facilities to reintegrate the system of the cooperative outside the annexed area after detaching the portion to be sold; plus
      3. An annual amount, payable each year for a period of ten (10) years, equal to the sum of:
        1. Twenty-five percent (25%) of the revenues received from power sales to consumers of electric power within the annexed area, except consumers with large industrial power loads greater than three hundred kilowatts (300kW), during the last twelve (12) months preceding the date of the notice provided for in subdivision (a)(1); and
        2. Fifty percent (50%) of the net revenues, which is gross power sales revenues less wholesale cost of power including facilities rental charge, received from power sales to consumers with large industrial power loads greater than three hundred kilowatts (300kW) within the annexed area during the last twelve (12) months preceding the date of the notice provided for in subdivision (a)(1);
    3. The electric cooperative, within ninety (90) days after receipt of an offer by the annexing municipality to purchase the cooperative's electric distribution properties and service rights within the annexed area, shall signify in writing its acknowledgement of the offer, and the parties shall proceed to act. The annexing municipality shall then be obligated to buy and pay for, and the cooperative shall be obligated to sell to the municipality, such properties and rights free and clear of all mortgage liens and encumbrances for the cash consideration computed and payable as provided in subdivision (a)(2);
    4. The annexing municipality, if it elects not to make the offer to purchase as provided for in subdivisions (a)(1) and (2), shall grant to the cooperative a franchise to serve within the annexed area, for a period of not less than five (5) years, and the municipality shall thereafter renew or extend the franchise or grant new franchises for similar subsequent periods; provided, that upon expiration of any such franchise, the municipality may elect instead to make an offer to buy the cooperative's electric distribution properties and service rights as they then exist in accordance with and subject to subdivisions (a)(1) and (2); provided further, that, during the term of any such franchise, the annexing municipality shall be entitled to serve only such electric customers or locations within the annexed area as it served on the date when such annexation became effective;
    5. If any annexing municipality contracts its boundaries so as to exclude from its corporate limits any territory, the cooperative may elect within sixty (60) days thereafter to purchase from such municipality, and such municipality shall thereupon sell and convey to the cooperative, the electric distribution properties and service rights of the municipality in any part of the excluded area that the electric cooperative had previously served, upon the same procedures set forth in subdivisions (a)(1)-(4) for acquisitions by municipalities;
    6. Nothing contained in this section shall prohibit municipalities and any cooperative from buying, selling, or exchanging electric distribution properties, service rights and other rights, property, and assets by mutual agreement;
    7. The territorial areas lying outside municipal boundaries served by municipal and cooperative electric systems will remain the same as generally established by power facilities already in place or legal agreements on March 6, 1968, and new consumers locating in any unserved areas between the respective power systems shall be served by the power system whose facilities were nearest on March 6, 1968, except to the extent that territorial areas are revised in accordance with this section; and
    8. “Electric distribution properties,” as used in this section, means all electric lines and facilities used or useful in serving ultimate consumers, but does not include lines and facilities that are necessary for integration and operation of portions of a cooperative's electric system that are located outside the annexed area.
  2. The methods of allocation and conveyance of property and property rights of any electric cooperative to any annexing municipality provided for in subsection (a) shall be exclusively available to such annexing municipality and to such electric cooperative notwithstanding § 7-52-105 or any other title or section of the code in conflict or conflicting herewith.

Acts 1968, ch. 413, §§ 2, 3; T.C.A., § 6-320.

Cross-References. Provisions in section unaffected by rural electric and community services cooperative provisions, § 65-25-226.

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, §§ 17, 19.

NOTES TO DECISIONS

1. Applicability of Section.

Rights relating to the taking of properties of a city's utilities board by the utilities board of a city annexing an area served by the former board were governed by T.C.A. § 6-51-111, relating to the rights of parties when the annexed territory affects an instrumentality of the state, not by T.C.A. § 6-51-112. Knoxville Utils. Bd. v. Lenoir City Utils. Bd., 943 S.W.2d 879, 1996 Tenn. App. LEXIS 508 (Tenn. Ct. App. 1996).

T.C.A. § 6-51-112 is designed to govern the relationship between electric cooperatives and annexing municipalities that own and operate electric systems. City of S. Fulton v. Hickman-Fulton Counties Rural Elec. Coop. Corp., 976 S.W.2d 86, 1998 Tenn. LEXIS 464 (Tenn. 1998), rehearing denied, — S.W.2d —, 1998 Tenn. LEXIS 572 (Tenn. Oct. 12, 1998).

T.C.A. § 6-51-112 contains no limitation preventing all municipalities, other than those annexing municipalities that own and operate electric systems, from acquiring the property and service rights of an electric cooperative. City of S. Fulton v. Hickman-Fulton Counties Rural Elec. Coop. Corp., 976 S.W.2d 86, 1998 Tenn. LEXIS 464 (Tenn. 1998), rehearing denied, — S.W.2d —, 1998 Tenn. LEXIS 572 (Tenn. Oct. 12, 1998).

T.C.A. § 6-51-112 does not apply to an annexing municipality which does not own and operate its own electric system, and therefore, the city was not prohibited from altering any service areas that were outside the city's municipal boundaries, where the city did not qualify as a municipality that owns and operates its own electric system. City of S. Fulton v. Hickman-Fulton Counties Rural Elec. Coop. Corp., 976 S.W.2d 86, 1998 Tenn. LEXIS 464 (Tenn. 1998), rehearing denied, — S.W.2d —, 1998 Tenn. LEXIS 572 (Tenn. Oct. 12, 1998).

2. Measure of Compensation.

The statute setting the measure of compensation for annexed utilities was applicable where a city acquired the property of an electrical cooperative by condemnation, as the measure of compensation set in the general condemnation statute would not have been adequate. Duck River Electric Membership Corp. v. Manchester, 529 S.W.2d 202, 1975 Tenn. LEXIS 577 (Tenn. 1975).

The statutory scheme enunciated in T.C.A. § 6-51-112 is not the exclusive means of determining damages in every action concerning the inverse condemnation of an electric cooperative; a trial court, although it certainly may not ignore the scheme, has some discretion to modify the formula where the equities of the case dictate. Forked Deer Elec. Coop. v. City of Ripley, 883 S.W.2d 582, 1994 Tenn. LEXIS 252 (Tenn. 1994).

District Court found that proposed condemnations of electrical cooperative's facilities and service rights did not frustrate the Rural Electrification Act (REA) because condemnations would not cripple the ability to service rural areas and T.C.A. § 6-15-112(a)(2) provided a formula for sufficient compensation. City of Cookeville v. Upper Cumberland Elec. Mbrshp. Corp., 360 F. Supp. 2d 873, 2005 U.S. Dist. LEXIS 4802 (M.D. Tenn. 2005), aff'd,  City of Cookeville v. Upper Cumberland Elec. Mbrshp. Corp.,  — F.3d —, 2007 U.S. App. LEXIS 8960, 2007 FED App. 0138P (6th Cir. Apr. 19, 2007).

Compensation award that included reintegration costs was affirmed because T.C.A. § 6-51-112 required as part of the compensation that the city had to pay to the electrical cooperative an amount equal to the cost of constructing any necessary facilities to reintegrate the system of the cooperative outside the annexed area after it detached the portion to be sold.  City of Cookeville v. Upper Cumberland Elec. Mbrshp. Corp.,  — F.3d —, 2007 U.S. App. LEXIS 8960, 2007 FED App. 0138P (6th Cir. Apr. 19, 2007).

3. Territory.

A municipality may not by ordinance grant an electric utility a franchise covering the territory within the municipality served by another electric utility. Electric Power Bd. v. Middle Tennessee Electric Membership Corp., 841 S.W.2d 321, 1992 Tenn. App. LEXIS 415 (Tenn. Ct. App. 1992).

4. Withdrawal of Consent.

Recently incorporated city could not withdraw consent to electric utility to operate within city limits, unless the withdrawal was accompanied by the “orderly process of the law” provided by T.C.A. § 6-51-112. Electric Power Bd. v. Middle Tennessee Electric Membership Corp., 841 S.W.2d 321, 1992 Tenn. App. LEXIS 415 (Tenn. Ct. App. 1992).

6-51-113. Provisions supplemental.

Except as specifically provided in this part, the powers conferred by this part shall be in addition and supplemental to the powers conferred by any other general, special, or local law, and the limitations imposed by this part shall not affect such powers.

Acts 1955, ch. 113, § 12; T.C.A., §§ 6-320, 6-321.

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, § 13.

NOTES TO DECISIONS

1. Alternative Remedies.

Where quo warranto review under T.C.A. § 6-51-103 was not available, the validity of an annexation ordinance alleged to exceed the authority delegated by the legislature was subject to declaratory judgment under T.C.A. § 29-14-103. State ex rel. Earhart v. City of Bristol, 970 S.W.2d 948, 1998 Tenn. LEXIS 366 (Tenn. 1998).

6-51-114. Special census after annexation.

In the event any area is annexed to any municipality, the municipality may have a special census and in any county having a population of not less than two hundred seventy-six thousand (276,000) nor more than two hundred seventy-seven thousand (277,000), according to the 1970 federal census or any subsequent federal census, the municipality shall have such special census within the annexed area taken by the federal bureau of the census or in a manner directed by and satisfactory to the department of economic and community development, in which case the population of such municipality shall be changed and revised so as to include the population of the annexed area as shown by such supplemental census. The population of such municipality as so changed and revised shall be its population for the purpose of computing such municipality's share of all funds and moneys distributed by the state among the municipalities of the state on a population basis, and the population of such municipality as so revised shall be used in computing the aggregate population of all municipalities of the state, effective on the next July 1 following the certification of such supplemental census results to the commissioner of finance and administration.

Acts 1953, ch. 121, § 1 (Williams, § 3321.1); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; impl. am. Acts 1972, ch. 542, § 15; T.C.A. (orig. ed.), § 6-303; Acts 1981, ch. 278, § 1.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Textbooks. Tennessee Jurisprudence, 5 Tenn. Juris., Census, § 1.

6-51-115. Receipt and distribution of tax revenues. [Effective until July 1, 2021. See the version effective on July 1, 2021.]

  1. Notwithstanding any law to the contrary, whenever a municipality extends its boundaries by annexation, the county or counties in which the municipality is located shall continue to receive the revenue from all state and local taxes distributed on the basis of situs of collection, generated within the annexed area, until July 1 following the annexation, unless the annexation takes effect on July 1.
    1. If the annexation takes effect on July 1, then the municipality shall begin receiving revenue from such taxes generated within the annexed area for the period beginning July 1.
    2. Whenever a municipality extends its boundaries by annexation, the municipality shall notify the department of revenue of such annexation upon the annexation becoming effective, for the purpose of tax administration.
    3. Such taxes shall include the local sales tax authorized in § 67-6-702, the wholesale beer tax authorized in § 57-6-103, the income tax on dividends authorized in § 67-2-102, and all other such taxes distributed to counties and municipalities based on the situs of their collection.
  2. In addition to subsection (a), when a municipality annexes territory in which there is retail or wholesale activity at the time the annexation takes effect or within three (3) months after the annexation date, the following shall apply:
    1. Notwithstanding  § 57-6-103 or any other law to the contrary, for wholesale activity involving the sale of beer, the county shall continue to receive annually an amount equal to the amount received by the county in the twelve (12) months immediately preceding the effective date of the annexation for beer establishments in the annexed area that produced wholesale beer tax revenues during that entire twelve (12) months. For establishments that produced wholesale beer tax revenues for at least one (1) month but less than the entire twelve-month period, the county shall continue to receive an amount annually determined by averaging the amount of wholesale beer tax revenue produced during each full month the establishment was in business during that time and multiplying this average by twelve (12). For establishments that did not produce revenue before the annexation date but produced revenue within three (3) months after the annexation date, and for establishments that produced revenue for less than a full month prior to annexation, the county shall continue to receive annually an amount determined by averaging the amount of wholesale beer tax revenue produced during the first three (3) months the establishment was in operation and multiplying this average by twelve (12). This subdivision (b)(1) is subject to the exceptions in subsection (c). A municipality shall only pay the county the amount required by this subdivision (b)(1), for a period of fifteen (15) years.
    2. Notwithstanding  § 67-6-712 or any other law to the contrary, for retail activity subject to the 1963 Local Option Revenue Act, compiled in title 67, chapter 6, part 7, the county shall continue to receive annually an amount equal to the amount of revenue the county received pursuant to § 67-6-712(a)(2)(A) in the twelve (12) months immediately preceding the effective date of the annexation for business establishments in the annexed area that produced 1963 Local Option Revenue Act revenue during that entire twelve (12) months. For business establishments that produced such revenues for more than a month but less than the full twelve-month period, the county shall continue to receive an amount annually determined by averaging the amount of local option revenue produced by the establishment and allocated to the county under § 67-6-712(a)(2)(A) during each full month the establishment was in business during that time and multiplying this average by twelve (12). For business establishments that did not produce revenue before the annexation date and produced revenue within three (3) months after the annexation date, and for establishments that produced revenue for less than a full month prior to annexation, the county shall continue to receive annually an amount determined by averaging the amount of the 1963 Local Option Revenue Act produced and allocated to the county under § 67-6-712(a)(2)(A) during the first three (3) months the establishment was in operation and multiplying this average by twelve (12). This subdivision (b)(2) is subject to the exceptions in subsection (c). A municipality shall only pay the county the amount required by this subdivision (b)(2), for a period of fifteen (15) years.
  3. Subsection (b) is subject to these exceptions:
    1. Subdivision (b)(1) ceases to apply as of the effective date of the repeal of the wholesale beer tax, should this occur;
    2. Subdivision (b)(2) ceases to apply as of the effective date of the repeal of the 1963 Local Option Revenue Act, compiled in title 67, chapter 6, part 7, should this occur;
    3. Should the general assembly reduce the amount of revenue from the Wholesale Beer Tax, compiled in title 57, chapter 6, part 1, or the 1963 Local Option Revenue Act accruing to municipalities by changing the distribution formula, the amount of revenue accruing to the county under subsection (b) will be reduced proportionally as of the effective date of the reduction;
    4. A county, by resolution of its legislative body, may waive its rights to receive all or part of the revenues provided by subsection (b). In these cases, the revenue shall be distributed as provided in §§ 57-6-103 and 67-6-712 of the respective tax laws unless otherwise provided by agreement between the county and municipality; and
    5. Annual revenues paid to a county by or on behalf of the annexing municipality are limited to the annual revenue amounts provided in subsection (b) and known as “annexation date revenue” as defined in subdivision (d)(2). Annual situs-based revenues in excess of the “annexation date revenue” allocated to one (1) or more counties shall accrue to the annexing municipality. Any decrease in the revenues from the situs-based taxes identified in subsection (b) shall not affect the amount remitted to the county or counties pursuant to subsection (b), except as otherwise provided in this subsection (c); provided, that a municipality may petition the department of revenue no more often than annually to adjust annexation date revenue as a result of the closure or relocation of a tax producing entity.
    1. It is the responsibility of the county within which the annexed territory lies to certify and to provide to the department a list of all tax revenue producing entities within the proposed annexation area.
    2. The department shall determine the local share of revenue from each tax listed in this section generated within the annexed territory for the year before the annexation becomes effective, subject to the requirements of subsection (b). This revenue shall be known as the “annexation date revenue.”
    3. The department, with respect to the revenues described in subdivision (b)(2), and the municipality, with respect to the revenues described in subdivision (b)(1), shall annually distribute an amount equal to the annexation date revenue to the county of the annexed territory.

Acts 1988, ch. 1016, § 1; 1998, ch. 1101, § 24; 2004, ch. 959, §§ 52, 53; 2005, ch. 311, § 2; 2012, ch. 837, § 1.

Cross-References. Alcoholic beverage gross receipts taxes, distribution, § 57-4-306.

Income tax, distribution of revenue, § 67-2-119.

1963 Local Option Revenue Act, distribution of revenue, § 67-6-702.

Wholesale beer tax, levy and distribution, § 57-6-103.

Attorney General Opinions. Effective date of annexation for purposes of local sales tax distribution under subdivision (b)(2) of this section, OAG 04-037, 2004 Tenn. AG LEXIS 37 (3/12/04).

NOTES TO DECISIONS

1. Applicability.

T.C.A. § 6-51-115(b)(2) controlled the allocation of tax revenues from areas of a county that were annexed by a city, notwithstanding that T.C.A. § 6-51-115(b)(2) was not yet in effect when the city passed its annexation ordinance, because T.C.A. § 6-51-115(b)(2) was in effect when the annexation became effective or operative. City of Knoxville v. Knox County, — S.W.3d —, 2008 Tenn. App. LEXIS 86 (Tenn. Ct. App. Feb. 20, 2008), appeal denied, City of Knoxville v. Tenn. Dep't of Revenue, — S.W.3d —, 2008 Tenn. LEXIS 668 (Tenn. Aug. 25, 2008).

6-51-115. Receipt and distribution of tax revenues. [Effective on July 1, 2021. See the version effective until July 1, 2021.]

  1. Notwithstanding any law to the contrary, except that § 67-6-716 shall control the effective date of local jurisdictional boundary changes for sales and use tax purposes, whenever a municipality extends its boundaries by annexation, the county or counties in which the municipality is located shall continue to receive the revenue from all state and local taxes distributed on the basis of situs of collection, generated within the annexed area, until July 1 following the annexation, unless the annexation takes effect on July 1.
    1. If the annexation takes effect on July 1, then the municipality shall begin receiving revenue from such taxes generated within the annexed area for the period beginning July 1.
    2. Whenever a municipality extends its boundaries by annexation, the municipality shall notify the department of revenue of such annexation upon the annexation becoming effective, for the purpose of tax administration.
    3. Such taxes shall include the local sales tax authorized in § 67-6-702, the wholesale beer tax authorized in § 57-6-103, the income tax on dividends authorized in § 67-2-102, and all other such taxes distributed to counties and municipalities based on the situs of their collection.
  2. In addition to subsection (a), when a municipality annexes territory in which there is retail or wholesale activity at the time the annexation takes effect or within three (3) months after the annexation date, the following shall apply:
    1. Notwithstanding  § 57-6-103 or any other law to the contrary, for wholesale activity involving the sale of beer, the county shall continue to receive annually an amount equal to the amount received by the county in the twelve (12) months immediately preceding the effective date of the annexation for beer establishments in the annexed area that produced wholesale beer tax revenues during that entire twelve (12) months. For establishments that produced wholesale beer tax revenues for at least one (1) month but less than the entire twelve-month period, the county shall continue to receive an amount annually determined by averaging the amount of wholesale beer tax revenue produced during each full month the establishment was in business during that time and multiplying this average by twelve (12). For establishments that did not produce revenue before the annexation date but produced revenue within three (3) months after the annexation date, and for establishments that produced revenue for less than a full month prior to annexation, the county shall continue to receive annually an amount determined by averaging the amount of wholesale beer tax revenue produced during the first three (3) months the establishment was in operation and multiplying this average by twelve (12). This subdivision (b)(1) is subject to the exceptions in subsection (c). A municipality shall only pay the county the amount required by this subdivision (b)(1), for a period of fifteen (15) years.
    2. Notwithstanding  § 67-6-712 or any other law to the contrary, for retail activity subject to the 1963 Local Option Revenue Act, compiled in title 67, chapter 6, part 7, the county shall continue to receive annually an amount equal to the amount of revenue the county received pursuant to § 67-6-712(a)(2)(A) in the twelve (12) months immediately preceding the effective date of the annexation for business establishments in the annexed area that produced 1963 Local Option Revenue Act revenue during that entire twelve (12) months. For business establishments that produced such revenues for more than a month but less than the full twelve-month period, the county shall continue to receive an amount annually determined by averaging the amount of local option revenue produced by the establishment and allocated to the county under § 67-6-712(a)(2)(A) during each full month the establishment was in business during that time and multiplying this average by twelve (12). For business establishments that did not produce revenue before the annexation date and produced revenue within three (3) months after the annexation date, and for establishments that produced revenue for less than a full month prior to annexation, the county shall continue to receive annually an amount determined by averaging the amount of the 1963 Local Option Revenue Act produced and allocated to the county under § 67-6-712(a)(2)(A) during the first three (3) months the establishment was in operation and multiplying this average by twelve (12). This subdivision (b)(2) is subject to the exceptions in subsection (c). A municipality shall only pay the county the amount required by this subdivision (b)(2), for a period of fifteen (15) years.
    3. When the amount of local option sales tax produced by businesses in the annexed area cannot be determined from sales tax returns filed by the businesses, the commissioner may determine the amount to be distributed to the county over the fifteen-year period based on the best information available. For this purpose, the commissioner may use information obtained from business tax returns or obtain additional information from the businesses involved.
  3. Subsection (b) is subject to these exceptions:
    1. Subdivision (b)(1) ceases to apply as of the effective date of the repeal of the wholesale beer tax, should this occur;
    2. Subdivision (b)(2) ceases to apply as of the effective date of the repeal of the 1963 Local Option Revenue Act, should this occur;
    3. Should the general assembly reduce the amount of revenue from the Wholesale Beer Tax, compiled in title 57, chapter 6, part 1, or the 1963 Local Option Revenue Act, accruing to municipalities by changing the distribution formula, the amount of revenue accruing to the county under subsection (b) will be reduced proportionally as of the effective date of the reduction;
    4. A county, by resolution of its legislative body, may waive its rights to receive all or part of the revenues provided by subsection (b). In these cases, the revenue shall be distributed as provided in §§ 57-6-103 and 67-6-712 of the respective tax laws unless otherwise provided by agreement between the county and municipality; and
    5. Annual revenues paid to a county by or on behalf of the annexing municipality are limited to the annual revenue amounts provided in subsection (b) and known as “annexation date revenue” as defined in subdivision (d)(2). Annual situs-based revenues in excess of the “annexation date revenue” allocated to one (1) or more counties shall accrue to the annexing municipality. Any decrease in the revenues from the situs-based taxes identified in subsection (b) shall not affect the amount remitted to the county or counties pursuant to subsection (b), except as otherwise provided in this subsection (c); provided, that a municipality may petition the department of revenue no more often than annually to adjust annexation date revenue as a result of the closure or relocation of a tax producing entity.
    1. It is the responsibility of the county within which the annexed territory lies to certify and to provide to the department a list of all tax revenue producing entities within the proposed annexation area.
    2. The department shall determine the local share of revenue from each tax listed in this section generated within the annexed territory for the year before the annexation becomes effective, subject to the requirements of subsection (b). This revenue shall be known as the “annexation date revenue.”
    3. The department, with respect to the revenues described in subdivision (b)(2), and the municipality, with respect to the revenues described in subdivision (b)(1), shall annually distribute an amount equal to the annexation date revenue to the county of the annexed territory.

Acts 1988, ch. 1016, § 1; 1998, ch. 1101, § 24; 2004, ch. 959, §§ 52, 53; 2005, ch. 311, § 2; 2007, ch. 602, §§ 127, 128; 2009, ch. 530, § 35; 2011, ch. 72, § 1; 2012, ch. 837, § 1; 2013, ch. 480, § 1; 2015, ch. 273, § 3; 2017, ch. 193, § 1; Acts 2019, ch. 157,  § 1.

Amendments. The 2007 amendment, as amended by Acts 2009, ch. 530, § 35, and further amended by Acts 2011, ch. 72, § 1, and further amended by Acts 2013, ch. 480, § 1, and further amended by Acts 2015, ch. 273, §  3, and further amended by Acts 2017, ch. 193, § 1, effective July 1, 2019, and further amended by Acts 2019, ch. 157,  § 1, effective July 1, 2021, inserted “except that § 67-6-716 shall control the effective date of local jurisdictional boundary changes for sales and use tax purposes,” in the first sentence of subsection (a); and added (b)(3).

Effective Dates. Acts 2007, ch. 602, § 187. July 1, 2009.

Acts 2009, ch. 530, § 133. June 25, 2009, July 1, 2011.

Acts 2011, ch. 72, § 18. April 13, 2011; July 1, 2013.

Acts 2013, ch. 480, § 3. May 20, 2013; July 1, 2015.

Acts 2015, ch. 273, § 7. April 28, 2015; July 1, 2017.

Acts 2017, ch. 193, § 2. April 19, 2017; July 1, 2019.

Acts 2019, ch. 157, § 2. April 12, 2019; July 1, 2021.

Cross-References. Alcoholic beverage gross receipts taxes, distribution, § 57-4-306.

Income tax, distribution of revenue, § 67-2-119.

1963 Local Option Revenue Act, distribution of revenue, § 67-6-702.

Wholesale beer tax, levy and distribution, § 57-6-103.

Attorney General Opinions. Effective date of annexation for purposes of local sales tax distribution under subdivision (b)(2) of this section, OAG 04-037, 2004 Tenn. AG LEXIS 37 (3/12/04).

NOTES TO DECISIONS

1. Applicability.

The 1998 version of T.C.A. § 6-51-115(b)(2) controlled the allocation of local option revenue derived from the annexed territory because it was in effect when the quo warranto litigation challenging the ordinances was concluded, and the determinative date was the date on which the annexation ordinance became operative, which was January 2002; the mere filing of a quo warranto action held the effective date of the annexation in abeyance until the filed action was dismissed, and as long as the quo warranto actions were pending, the annexations did not become effective or operative. Town of Huntsville v. Scott County, 269 S.W.3d 57, 2008 Tenn. App. LEXIS 114 (Tenn. Ct. App. Feb. 28, 2008), appeal denied, — S.W.3d —, 2008 Tenn. LEXIS 665 (Tenn. Aug. 25, 2008).

6-51-116. [Repealed.]

Acts 1993, ch. 36, § 1; repealed by Acts 2015, ch. 512, § 8, effective June 29, 2015.

Compiler's Notes. Former § 6-51-116 concerned annexation of territory in a county in a different time zone.

Acts 2015, ch. 512, § 18 provided that the act take effect at 12:01 a.m. on May 16, 2015.  However, the governor signed the act and it became law on May 20, 2015.  Pursuant to Article II, § 20, of the Constitution of Tennessee, the act takes effect 40 days after the bill became law.  Thus, the effective date of the act is June 29, 2015.

6-51-117. Annexation of regional airport commission property.

If three (3) or more municipalities and counties jointly create and participate in a regional airport commission and if the property of the regional airport commission is located outside the boundaries of the participating municipalities, then no municipality shall annex any property of the regional airport commission without the prior consent of the legislative bodies of the participating municipalities and counties.

Acts 1993, ch. 213, § 1.

6-51-118. Applicability to certain counties with a metropolitan form of government.

No provision of Acts 1998, ch. 1101, applies to an annexation in any county with a metropolitan form of government in which any part of the general services district is annexed into the urban services district; provided, that any section of this part specifically referenced on May 19, 1998, in the charter of any county with a metropolitan form of government shall refer to the language of such sections in effect on January 1, 1998.

Acts 1998, ch. 1101, § 23.

Compiler's Notes. Acts 1998, ch. 1101, referred to in this section, enacted this section and chapter 58 of this title, amended numerous sections throughout this title and title 7, and made minor changes in title 13. See the Session Laws Disposition table in Volume 13.

6-51-119. Provision of copy of resolution for annexation, the plan for emergency services and map designating the annexed area to emergency communications district.

  1. The legislative body of an annexing municipality or its designee shall provide a copy of the resolution for annexation, along with a copy of the portion of the plan of services dealing with emergency services and a detailed map designating the annexed area, to any affected emergency communications district upon ratification of a resolution to annex. The map shall identify all public and private streets in the area to be annexed, including street names and direction indicators. The map shall include or have appended a list of address ranges for each street to be annexed. For contested resolutions for annexation, in cases in which the municipality plans to begin providing emergency services in the annexed territory immediately, the municipality shall notify the district when the annexation becomes final. Compliance or noncompliance with this section is not admissible against the municipality in any case brought under this title or title 29, chapter 14, or against the municipality or any affected emergency communications district under the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20.
  2. The municipality shall provide the information required in subsection (a) to an affected district by certified return receipt mail or other method that assures receipt by the district.

Acts 2005, ch. 264, § 3; 2005, ch. 411, § 3; 2015, ch. 512, § 15.

Compiler's Notes. Acts 2005, ch. 264, § 3 purported to enact this section, effective July 1, 2005. Acts 2005, ch. 411, § 3 enacted similar provisions, effective June 17, 2005, but with the addition of subsection (b). Because of the enactment by ch. 411, the provisions of ch. 264 were not given effect.

Acts 2015, ch. 512, § 18 provided that the act take effect at 12:01 a.m. on May 16, 2015.  However, the governor signed the act and it became law on May 20, 2015.  Pursuant to Article II, § 20, of the Constitution of Tennessee, the act takes effect 40 days after the bill became law.  Thus, the effective date of the act is June 29, 2015.

Amendments. The 2015 amendment in (a), substituted “resolution for annexation” for “annexation ordinance” at the beginning of the first sentence; substituted “upon ratification of a resolution to annex” for “upon final passage of the ordinance” at the end of the first sentence and substituted “resolutions for annexation” for “annexation ordinances” in the fourth sentence.

Effective Dates. Acts 2015, ch. 512, § 18. June 29, 2015 [See the Compiler's Notes.].

6-51-120. Annexation of territory in a state park or natural area.

No municipality shall annex any territory located within any state park or natural area unless all of the following conditions are met:

  1. The territory proposed for annexation must be located within the municipality's urban growth boundaries;
  2. The municipality must provide advance written notification of the proposed annexation to the commissioner of environment and conservation;
  3. The advance written notification must include a detailed description of the territory proposed for annexation, reasons for the proposed annexation, the proposed plan of municipal services, and the timeline for actual delivery of each municipal service;
  4. The department of environment and conservation must study the likely impact upon the park or natural area and its wildlife, scenery, ambiance, traffic, roads, visitors and mission. The cost of the study shall be borne by the municipality proposing the annexation;
  5. As a component of the study, the department must conduct one (1) or more public hearings for citizen input;
  6. Prior to the public hearing, the department must seek the county commission's input regarding the municipality's proposed annexation; and
  7. The department must report its findings and may prescribe such binding prerequisites for the proposed annexation as may be necessary and desirable to protect and preserve the park or natural area for the benefit of all current and future Tennesseans.

Acts 2008, ch. 1033, § 1.

6-51-121. Recording of annexation resolution by annexing municipality.

Upon referendum approval of an annexation resolution as provided in this part, an annexing municipality shall record the resolution with the register of deeds in the county or counties where the annexation was adopted or approved. The resolution must include a detailed description of the annexed territory, including, but not limited to, map and parcel numbers of all real property within the annexed territory. A copy of the resolution, map, and detailed description must be sent to the comptroller of the treasury and the assessor of property for each county affected by the annexation.

Acts 2011, ch. 111, § 1; 2015, ch. 512, § 9; 2019, ch. 120, § 1.

Compiler's Notes. Acts 2015, ch. 512, § 18 provided that the act take effect at 12:01 a.m. on May 16, 2015.  However, the governor signed the act and it became law on May 20, 2015.  Pursuant to Article II, § 20, of the Constitution of Tennessee, the act takes effect 40 days after the bill became law.  Thus, the effective date of the act is June 29, 2015.

Amendments. The 2015 amendment substituted “Upon” for “Upon adoption of an annexation ordinance or upon” at the beginning of the section and deleted “ordinance or” preceding “resolution” three times in the section.

The 2019 amendment rewrote the second sentence which read: “The resolution shall describe the territory that was annexed by the municipality.”; and substituted “A copy of the resolution, map, and detailed description must be sent” for “A copy of the resolution shall also be sent” at beginning of the last sentence.

Effective Dates. Acts 2015, ch. 512, § 18. June 29, 2015 [See the Compiler's Notes.].

Acts 2019, ch. 120, § 3. April 9,  2019.

6-51-122. No municipality permitted to extend corporate limits by annexation ordinance on municipality's own initiative for certain period of time — Exceptions — Comprehensive review and evaluation of state policies.

  1. Notwithstanding this part or any other law to the contrary:
      1. From April 15, 2013, through April 15, 2014, no municipality shall extend its corporate limits by means of annexation by ordinance upon the municipality's own initiative, pursuant to § 6-51-102, in order to annex territory being used primarily for residential or agricultural purposes; and no such ordinance to annex such territory shall become operative during such period, except as otherwise permitted pursuant to subdivision (a)(1)(B);
      2. If, prior to April 15, 2013, a municipality formally initiated an annexation ordinance restricted by subdivision (a)(1)(A); and if the municipality would suffer substantial and demonstrable financial injury if such ordinance does not become operative prior to April 15, 2014; then, upon petition by the municipality submitted prior to April 15, 2014, the county legislative body may, by a majority vote of its membership, waive the restrictions imposed on such ordinance by subdivision (a)(1)(A); and
      1. From April 15, 2014, through May 15, 2015, no municipality shall extend its corporate limits by means of annexation by ordinance, pursuant to § 6-51-102, or by resolution, pursuant to §§ 6-51-104 and 6-51-105; and no annexation shall become operative during such period, unless otherwise permitted pursuant to subdivision (a)(1)(B), (a)(2)(B), or § 6-58-118, or unless the owner or owners of the property give written consent for the annexation;
      2. If, prior to April 15, 2014, a municipality formally acted upon an annexation ordinance or resolution restricted by subdivision (a)(2)(A); and if the municipality would suffer substantial and demonstrable financial injury if such ordinance or resolution does not become operative prior to May 15, 2015; then, upon petition by the municipality submitted prior to May 15, 2015, the county legislative body may, by a majority vote of its membership, waive the restrictions imposed on such ordinance or resolution by subdivision (a)(2)(A).
  2. On or before February 15, 2015, the Tennessee advisory commission on intergovernmental relations (TACIR) shall complete a comprehensive review and evaluation of the efficacy of state policies set forth within this chapter and chapter 58 of this title, and shall submit a written report of findings and recommendations, including any proposed legislation, to the speaker of the senate and the speaker of the house of representatives.

Acts 2013, ch. 441, § 1; 2014, ch. 707, § 1.

Attorney General Opinions. Acts 2013, ch. 441 does not preclude the implementation of annexation ordinances that were the subject of litigation contesting the validity of the ordinances, when the litigation was resolved prior to the date on which Chapter 441 became effective.  OAG 13-71, 2013 Tenn. AG LEXIS 71 (9/4/13).

Moratorium’s effect upon city annexation of property.  OAG 14-07, 2014 Tenn. AG LEXIS 7 (1/10/14).

State could lawfully and constitutionally withhold from a municipality state-shared revenue for an area that was lawfully annexed by the municipality between the operative dates set forth in proposed SB 121 [not enacted], April 15, 2013, and May 15, 2015.  The General Assembly has the authority to change the portion of state-shared revenue that it allocates to a municipality both retroactively and prospectively.  OAG 15-30, 2015 Tenn. AG LEXIS 30 (4/2/15).

NOTES TO DECISIONS

1. Operative Date.

Because a city's annexation ordinance became operative prior to the moratorium established by T.C.A. 6-51-122, a trial court erred in setting aside a consent order, between property owners and a city regarding annexation, on the basis of Tenn. R. Civ. P. 60.02. Silliman v. City of Memphis, 449 S.W.3d 440, 2014 Tenn. App. LEXIS 407 (Tenn. Ct. App. July 2, 2014), appeal denied, — S.W.3d —, 2014 Tenn. LEXIS 920 (Tenn. Nov. 12, 2014).

6-51-123. County having metropolitan government permitted to expand area of urban services district by any method authorized by charter.

Notwithstanding Chapter 707 of the Public Acts of 2014, this part, or any other law to the contrary, any county having a metropolitan form of government may expand the area of its urban services district using any method authorized by its charter. Such expansion may also be accomplished using any method, identified by charter reference to general annexation law, that was applicable at the time the charter or amendment was approved by referendum held pursuant to Article XI, § 9 of the Tennessee Constitution and § 7-2-106(c) or § 7-2-108(a)(20).

Acts 2014, ch. 707, § 5.

Part 2
Contraction

6-51-201. Procedure — Ordinance — Referendum.

  1. Any incorporated city or town, whether it was incorporated by general or special act, may contract its limits within any given territory; provided, that three fourths (¾) of the qualified voters voting in an election thereon assent thereto.
    1. Any incorporated city or town, whether it was incorporated by general or special act, may after notice and public hearing, contract its limits within any given territory upon its own initiative by ordinance when it appears in the best interest of the affected territory.
    2. Such contraction of limits within any territory shall not occur unless a majority of the total membership of the city legislative body approves such contraction.
    3. Such contraction of limits within any territory shall not occur if opposed by a majority of the voters residing within the area to be deannexed. The concurrence of a majority of the voters shall be presumed unless a petition objecting to deannexation signed by ten percent (10%) of the registered voters residing within the area proposed to be deannexed is filed with the city recorder within seventy-five (75) days following the final reading of the contraction ordinance. If such a petition is filed, a referendum shall be held at the next general election to ascertain the will of the voters residing in the area that the city proposes to deannex. The ballot shall provide a place where voters may vote for or against deannexation by the city. If a majority of those voting in the referendum fail to vote for the deannexation, the contraction ordinance shall be void and the matter may not be considered again for two (2) years. If a majority vote for deannexation, the ordinance shall become effective upon certification of the result of the referendum.

Acts 1875, ch. 92, § 15; Shan., § 1911; mod. Code 1932, § 3322; Acts 1955, ch. 61, § 1; 1955, ch. 113, § 10; 1979, ch. 363, § 1; T.C.A. (orig. ed.), § 6-304; Acts 1984, ch. 731, § 1.

Law Reviews.

Consolidation of County and City Functions and Other Devices for Simplifying Tennessee Local Government (Wallace Mendelson), 8 Vand. L. Rev. 878 (1954).

Attorney General Opinions. Electronic signatures on petitions for municipal formation and annexation.  OAG 12-80, 2012 Tenn. AG LEXIS 76 (8/2/12).

Referendum on deannexation.  OAG 13-45, 2013 Tenn. AG LEXIS 47 (6/11/13).

NOTES TO DECISIONS

1. Constitutionality.

Every provision of Acts 1955, ch. 113, was germane to the object expressed in its caption. Witt v. McCanless, 200 Tenn. 360, 292 S.W.2d 392, 1956 Tenn. LEXIS 419 (1956), superseded by statute as stated in, Kingsport v. State, 562 S.W.2d 808, 1978 Tenn. LEXIS 592 (Tenn. 1978).

2. Applicability.

Provisions of T.C.A. § 6-51-201 governing contraction of municipal boundaries are not applicable where a quo warranto proceeding has been filed challenging the validity of an annexation ordinance. Bluff City v. Morrell, 764 S.W.2d 200, 1988 Tenn. LEXIS 268 (Tenn. 1988).

3. Reversal of Annexation.

Annexed territories become part of city and cannot be separated therefrom by any resolution passed by city when annexation ordinance was validly passed. Lee v. Chattanooga, 500 S.W.2d 917, 1973 Tenn. App. LEXIS 286 (Tenn. Ct. App. 1973), cert. denied, 419 U.S. 869, 95 S. Ct. 128, 42 L. Ed. 2d 108, 1974 U.S. LEXIS 2770 (1974).

4. Taxation.

Trial court properly granted a city summary judgment in property owners'  action alleging it had no authority to assess property taxes in an annexed area for 2012 because the annexation took effect on July 29, 2011, and thus, the city was entitled to collect property taxes from the newly annexed area for 2012; the city's failure to provide municipal services to the residents of the annexed area until July 1, 2012 did not alter or delay the effective date of the annexation. O'Shields v. City of Memphis, — S.W.3d —, 2017 Tenn. App. LEXIS 132 (Tenn. Ct. App. Feb. 23, 2017), appeal denied, O'Shields v. City of Memphis, — S.W.3d —, 2017 Tenn. LEXIS 420 (Tenn. July 19, 2017).

Collateral References.

Power to detach land from municipal corporation, towns, or villages. 117 A.L.R. 267.

6-51-202. Election.

The election provided for in § 6-51-201, shall be held under an ordinance to be passed for that purpose. A full report of the election shall be spread upon the minutes of the board, if three fourths (¾) of the voters assent to the contraction, and in the report the metes and bounds of the territory to be excluded must be fully set forth.

Acts 1875, ch. 92, § 15; Shan., § 1912; Code 1932, § 3323; T.C.A. (orig. ed.), § 6-305.

6-51-203. Recording of deannexation ordinance by contracting municipality.

Upon approving deannexation by ordinance in accordance with § 6-51-201, a contracting municipality shall record the ordinance with the register of deeds in the county or counties where the deannexation was adopted or approved. The ordinance must include a detailed description of the deannexed territory, including, but not limited to, map and parcel numbers of all real property within the deannexed territory. A copy of the ordinance, map, and detailed description must also be sent to the comptroller of the treasury and the assessor of property for each county affected by the deannexation.

Acts 2019, ch. 120, § 2.

Compiler's Notes. Former § 6-51-203 (Acts 1875, ch. 92, § 15; Shan., § 1913; Code 1932, § 3324; T.C.A. (orig. ed.), § 6-306), concerning transcripts of contraction proceedings, was repealed by Acts 1986, ch. 700, § 1.

Effective Dates. Acts 2019, ch. 120, § 3. April 9,  2019.

6-51-204. Effective date of contraction — Continuing jurisdiction for taxation — Notice of contraction.

  1. Except for responsibility for any debt contracted prior to the surrender of jurisdiction, all municipal jurisdiction shall cease over the territory excluded from the municipality's corporate limits on the effective date of the ordinance if the contraction is done by ordinance, or on the date of the certification of the results of the election if the contraction is done by election. The municipality may continue to levy and collect taxes on property in the excluded territory to pay the excluded territory's proportion of any debt contracted prior to the exclusion.
  2. The chief executive officer of the municipality shall notify the county assessor of property as to contractions in the territorial limits of the municipality and shall provide the county assessor of property with a complete description of all property affected by the contractions.

Acts 1875, ch. 92, § 15; Shan., § 1914; Code 1932, § 3325; T.C.A. (orig. ed.), § 6-307; Acts 1986, ch. 700, § 2; 2008, ch. 971, § 1.

Compiler's Notes. Acts 2008, ch. 971, § 1 provided that the code commission is directed to change all references to “tax assessor”, wherever such references appear, to “assessor of property”, as such sections are amended or volumes are replaced. See § 1-1-116.

Part 3
Mutual Adjustments

6-51-301. Utility services other than gas or telephone.

    1. Notwithstanding any other law, public or private, to the contrary, no municipality may render utility water service to be consumed in any area outside its municipal boundaries when all of such area is included within the scope of a certificate or certificates of convenience and necessity or other similar orders of the Tennessee public utility commission or other appropriate regulatory agency outstanding in favor of any person, firm or corporation authorized to render such utility water service. If, and to the extent that, a municipality chooses to render utility water service to be consumed within its municipal boundaries when all or part of such area is included within the scope of a certificate or certificates of convenience and necessity or other similar orders of the Tennessee public utility commission or other appropriate regulatory agency outstanding in favor of any person, firm or corporation authorized to render such utility water service, then the municipality and such person, firm or corporation shall attempt to reach agreement in writing for allocation and conveyance to the municipality of any or all public utility functions, rights, duties, property, assets, and liabilities of such person, firm or corporation so affected that justice and reason may require. If, within a reasonable time, the parties cannot agree in writing on allocation and conveyance, then either party may petition the chancery court of the district in which such area is located for a determination of value and damages suffered by such person, firm or corporation as a result of such municipal choice.
    2. Such proceeding shall be conducted according to the laws of eminent domain, compiled in title 29, chapter 16, and shall include a determination of actual damages, incidental damages, and incidental benefits, as provided for therein, but in no event shall the amounts so determined exceed the replacement cost of the facilities.
  1. “Municipality,” as used in this section, includes any agency, instrumentality, board, public corporation, or authority of the municipal government performing or authorized to perform such utility functions. This subsection (b) shall not apply to municipalities having a population in excess of three hundred fifty thousand (350,000), according to the federal census of 1960 or any subsequent federal census.
    1. This section shall not apply to those counties having a population of not less than twenty-six thousand nine hundred (26,900) and not more than twenty-seven thousand (27,000), according to the federal census of 1960.
    2. This section shall not apply in counties having a population of not less than twenty-seven thousand six hundred (27,600) nor more than twenty-seven thousand seven hundred (27,700), according to the 1960 federal census or any subsequent federal census.
    3. This section shall not apply in counties having a population of not less than ten thousand seven hundred (10,700) nor more than ten thousand seven hundred seventy (10,770) or not less than twelve thousand (12,000) nor more than twelve thousand one hundred (12,100), according to the 1960 federal census or any subsequent federal census.
  2. If and to the extent that a municipality incorporated after January 1, 1972, and that has been incorporated for two (2) years or longer chooses to render any utility services, other than the furnishing of natural or artificial gas or telephone service, within its municipal boundaries, when all or any part of such area is included within the scope of:
    1. A certificate or certificates of convenience and necessity or other similar orders of the Tennessee public utility commission or other appropriate regulatory agency outstanding in favor of any person, firm or corporation authorized to render any such utility services, other than the furnishing of natural or artificial gas or telephone service; or
    2. An order issued pursuant to title 7, chapter 82 authorizing a utility district to furnish any such utility services, other than the furnishing of natural or artificial gas or telephone service;

      then the municipality and such person, firm or corporation or utility district shall attempt to reach agreement in writing for allocation and conveyance to the municipality of any or all public utility functions, including, but not limited to, those set out in § 7-82-302, excepting the furnishing of natural or artificial gas or telephone service, and of all rights, duties, property, assets and liabilities of such person, firm or corporation or utility district so affected that justice and reason may require. If, within a reasonable time, the parties cannot agree in writing on allocation and conveyance, then either party may petition the circuit court of the district in which such area is located for a determination of value and damages suffered by such person, firm or corporation or utility district as a result of such municipal choice. If the court finds that it would be in the best interests of both the municipality and the person, firm or corporation or utility district furnishing utility services in the area in question, the court may, in its discretion, order the transfer to the municipality of the entire utility system, upon compensation being paid such person, firm or corporation or utility district in such amount and in such manner as may be determined by the court. Before any such municipality may initiate any negotiation or proceedings under this subsection (d) for the allocation and conveyance to the municipality of any or all public utility functions, such action shall first have been approved by a majority of the qualified voters of such municipality voting in a referendum on the question of such municipality acquiring and exercising such public utility functions. Such referendum shall be called by resolution or ordinance duly adopted by a majority of the governing body of such municipality, and shall be held by the county election commission upon request of such governing body not less than forty-five (45) days after the adoption of such resolution or ordinance and publication in a newspaper of general circulation in such municipality once a week for a period of three (3) weeks preceding such referendum. The votes cast in such election shall be counted and the results certified as provided by law for municipal elections generally and the qualification of voters in such referendum shall be the same as those required for voting in municipal elections generally. The municipality shall pay the costs of holding such referendum.

Acts 1965, ch. 304, § 1; 1974, ch. 773, §§ 1-3; T.C.A., § 6-319; Acts 1995, ch. 305, § 73; 2017, ch. 94, § 8.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Amendments. The 2017 amendment substituted “Tennessee public utility commission” for “Tennessee regulatory authority” twice in (a)(1) and near the middle of (d)(1).

Effective Dates. Acts 2017, ch. 94, § 83. April 4, 2017.

Textbooks. Tennessee Jurisprudence, 21 Tenn. Juris., Public Service Commissions, § 13.

NOTES TO DECISIONS

1. Application.

Where one public utility was providing water for an apartment complex within the boundary of another utility's certificate of public convenience and necessity pursuant to a 1972 agreement, the court held that the 1974 amendment to this section had prospective application only and hence the amendment had no effect on the agreement. Westland Drive Service Co. v. Citizens & Southern Realty Investors, 558 S.W.2d 439, 1977 Tenn. App. LEXIS 310 (Tenn. Ct. App. 1977).

6-51-302. Adjustment of boundaries of contiguous municipalities.

  1. Whenever the boundaries of the corporate limits of municipalities are contiguous and such boundaries either are not in line with the street and lot layout of the municipalities or do not conform to existing or proposed public rights-of-way, drainage ways, utility easements, or railroad rights-of-way, these municipalities may adjust such boundaries by contract between themselves so as to avoid confusion and uncertainty about the location of the contiguous boundary or to conform the contiguous boundary to an existing public right-of-way, drainage way, utility easement, or railroad right-of-way, or to dedicated public right-of-way or lot line that appears on a recorded plat or deed, or to a proposed public right-of-way, drainage way, utility easement, or railroad right-of-way that is a part of either a comprehensive municipal or county plan, or both, approved by a municipal or county governmental body or by a legally constituted municipal planning commission, regional planning commission, or the state planning office [abolished].
  2. Such boundary adjustments may not place any elected official into a voting or political subdivision not presently in the district that such elected official represents, and no such boundary shift may occur any less than ninety (90) days prior to any election in which affected citizens may participate if such boundary adjustment had not occurred.

Acts 1976, ch. 834, § 1; 1977, ch. 91, §§ 1, 2; T.C.A., § 6-322.

Compiler's Notes. The state planning office, referred to in this section, was abolished by Acts 1995, ch. 501, effective June 12, 1995.

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, § 13.

Part 4
Merger of Municipalities

6-51-401. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Contiguous” means having a shared portion of boundary. In the case of more than two (2) municipalities, it means that each municipality must have a shared portion of boundary with at least one (1) of the other municipalities seeking to merge; and
  2. “Municipality” or “municipalities” refers to incorporated cities and towns in this state.

Acts 1989, ch. 176, § 1.

6-51-402. Merger — Authorized.

  1. Two (2) or more contiguous municipalities located in the same county may merge into one (1) municipality using the procedures in this part.
  2. When municipalities are separated only by water, they shall be deemed contiguous for all purposes of this part if they are in the same county. After the municipalities merge, the water shall become a part of the consolidated municipality.
  3. The merger, when complete, shall result in the creation and establishment of a new municipality.
  4. Contiguous municipalities may be merged either as provided in § 6-51-403 or § 6-51-404.

Acts 1989, ch. 176, § 1.

6-51-403. Merger — By resolution and referendum.

  1. The governing bodies of the municipalities wanting to merge may pass a joint resolution, or joint ordinance in the case of a proposed merger involving a home rule municipality, requesting a referendum in the municipalities to approve or disapprove a merger. The resolution must be passed by each of the governing bodies by a majority vote of the members to which the body is entitled. The resolution shall list the municipalities seeking to merge and state the name of the proposed consolidated municipality and under which charter it will operate: mayor-aldermanic, chapter 1 of this title; city manager-commission, chapter 18 of this title; or one (1) of the charters of the merging municipalities. The resolution may establish wards or districts for the consolidated municipality if the charter provides for wards or districts. A copy of the resolution, certified by the record keeper of each municipality, shall be forwarded to the county election commission or commissions if more than one (1) county is involved.
    1. Upon receipt of the resolution, the county election commission or commissions shall call an election on the question of the merger in the municipalities as provided in the general election law. The election shall be held on the same day in each municipality. The question to be voted on shall appear on the ballot in substantially the following form:
      1. Shall the  of  and the  of  merge and become one (1) municipality?

        YES  NO

      2. If one (1) of the municipalities seeking to merge is a home rule municipality pursuant to the Constitution of Tennessee, article XI, § 9, all references in this section to “resolution” shall be deemed a reference to “ordinance.” The ordinance must indicate whether the non-home rule municipality wishes to adopt home rule and whether the home rule municipality wishes to abandon home rule. If the municipalities seeking to merge wish to adopt the home rule charter, the question appearing on the ballot in the non-home rule municipality shall be:

        Shall this municipality adopt home rule and merge with the  of  and become one (1) municipality?

        YES  NO

      3. If, on the other hand, the municipalities seeking to merge do not wish to adopt the home rule charter, the question appearing on the ballot in the home rule municipality shall be:

        Shall this municipality abandon home rule and merge with the  of  and become one (1) municipality?

        YES  NO

    2. If a majority of those voting in each municipality votes yes, the municipalities shall merge and become one (1) municipality one hundred twenty (120) days after the certification of the election results. If a majority of those voting in either municipality votes no, the municipalities shall remain separate entities.
    3. Notwithstanding any restrictions or requirements of the charter of the consolidated municipality, during the one-hundred-twenty-day period after approval of a merger, but before it takes effect, the election commission or commissions shall call an election in the area of the consolidated municipality to elect the officials who are chosen by popular vote under the charter of the consolidated municipality. These officials shall take office on the date the merger takes effect and will serve in accordance with the charter.

Acts 1989, ch. 176, § 1.

Compiler's Notes. Former chapter 1 of this title, referred to in this section, was repealed by Acts 1991, ch. 154, § 1; a new chapter 1 was enacted by Acts 1991, ch. 154, § 1, effective July 1, 1991.

6-51-404. Merger — By petition and referendum.

  1. Registered voters in each of the municipalities may petition for a referendum on the merger of the municipalities. The petition shall be signed by ten percent (10%) of the registered voters in each municipality. The petition shall list the municipalities seeking to merge and request a referendum on merging the municipalities, state the name of the proposed consolidated municipality, under which charter it will operate: mayor-aldermanic, chapter 1 of this title; city manager-commission, chapter 18 of this title; or one (1) of the charters of the merging municipalities, and may divide the proposed municipality into wards or districts if the charter provides for wards or districts. The petition shall be forwarded to the county election commission or commissions.
  2. Upon receipt of the petition and its verification, the county election commission or commissions shall proceed as provided in § 6-51-403(b)(1) and (2). Section 6-51-403(b)(3) shall apply if the merger is approved.

Acts 1989, ch. 176, § 1.

Compiler's Notes. Former chapter 1 of this title, referred to in this section, was repealed by Acts 1991, ch. 154, § 1; a new chapter 1 was enacted by Acts 1991, ch. 154, § 1, effective July 1, 1991.

Attorney General Opinions. Electronic signatures on petitions for municipal formation and annexation.  OAG 12-80, 2012 Tenn. AG LEXIS 76 (8/2/12).

6-51-405. Costs of referendum.

If the merger is authorized by referendum, the costs of the election shall be borne by the municipality formed by the merger. If the merger is defeated by referendum, the costs shall be borne by each municipality in the proportion its population bears to the total population of the municipalities in which the election was held. Population figures used shall be those from the latest determination of population by the department of economic and community development.

Acts 1989, ch. 176, § 1.

6-51-406. Continuation of ordinances.

    1. Unless otherwise provided in the petition or resolution that initiated the merger, this subsection (a) shall govern the continuation of ordinances and the interpretation of existing ordinances.
    2. All ordinances in force within the former municipalities at the time of the merger that are not in conflict with the consolidated municipality's charter or with the ordinances of the former municipality with the greater population according to the latest determination by the department of economic and community development shall remain in full force and effect until superseded or repealed by the governing body of the consolidated municipality.
    3. All such ordinances, except franchise and other ordinances of only local effect, shall apply to the entire area of the consolidated municipality. In the case of different nonconflicting ordinances dealing with the same subject matter, the ordinance of the more populous municipality shall control.
    4. Ordinances of the former municipalities that are in conflict with the charter of the merged municipality or the ordinances of the more populous municipality shall be deemed repealed as of the effective date of the merger.
    5. Nothing in this subsection (a) shall be construed to discharge any person from liability, either civil or criminal, for any violation of any ordinance of any of the former municipalities incurred before the merger.
  1. The petition or resolution initiating the merger may provide different terms for the continuation of ordinances and the interpretation of existing ordinances from those provided in subsection (a).

Acts 1989, ch. 176, § 1.

6-51-407. Property, rights and privileges.

All the property, rights and privileges of every kind vested in or belonging to either of the former municipalities shall be vested in and owned by the consolidated municipality.

Acts 1989, ch. 176, § 1.

6-51-408. Debts and liabilities — Bond funds.

  1. All outstanding debts and liabilities of the former municipalities shall be assumed by the consolidated municipality.
  2. All the territory included within the limits of the consolidated municipality shall be liable for the floating and bonded indebtedness, including interest, of all the territory included within the consolidated municipality.
  3. Whenever at the time of the merger, however, any of the respective municipalities have on hand any bond funds voted for public improvements not already appropriated or contracted for, this money shall be kept in a separate fund and devoted to public improvements in the territory for which the bonds were voted.

Acts 1989, ch. 176, § 1.

6-51-409. State-shared taxes.

  1. The consolidated municipality shall continue without interruption receiving state-shared taxes.
  2. For state-shared taxes distributed on a population basis, the entire population of the consolidated municipality shall determine its share of the state revenue.

Acts 1989, ch. 176, § 1.

6-51-410. Part inapplicable.

This part shall not apply to counties having a metropolitan form of government.

Acts 1989, ch. 176, § 3.

Chapter 52
Dissolution and Liquidation of Affairs

Part 1
General Provisions

6-52-101. Tax levy to pay indebtedness of former municipality.

The county legislative bodies are empowered to levy a special tax within the territory embraced within the limits of any incorporated town or city whose charter has been abolished and no new charter granted, or no reincorporation has taken place, or when a new charter has been granted making no provision for the indebtedness of the former corporation, for the purposes of meeting existing indebtedness due, meeting annual or semiannual interest charges on bonded indebtedness, providing any required sinking fund, and paying off all indebtedness when due.

Acts 1903, ch. 356, § 1; Shan., § 1997a8; mod. Code 1932, § 3512; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 6-401.

Cross-References. Liquidation of affairs of city manager-commission city, §§ 6-18-112, 6-18-113.

6-52-102. Collection and disposition of tax.

The proceeds of the special tax levied by § 6-52-101 shall be collected by the county trustee and paid out upon warrant of the county mayor for the purposes enumerated in § 6-52-101, and not otherwise.

Acts 1903, ch. 356, § 2; Shan., § 1997a9; Code 1932, § 3513; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 6-403; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

6-52-103. Right to condemnation proceeds after dissolution.

  1. Where any governmental agency, corporation, association, firm, partnership or individual is authorized under the laws of this state, or of the United States, to take property belonging to any of the incorporated municipalities, cities or towns within this state, and such power and authority is exercised to the extent that such incorporated municipality, city or town can no longer function as such, the right to compensation for the property so taken shall vest in the taxpayers of such incorporated municipality, city or town owning real estate or personal property assessed for ad valorem taxes within such incorporated municipality, city or town.
  2. Such rights shall become vested as of the date the first property or properties are acquired by such governmental agency, corporation, association, firm, partnership or individual having the right under the laws of this state or the United States to acquire such property, either by sale, condemnation proceedings or eminent domain.

Acts 1947, ch. 55, § 1; C. Supp. 1950, § 3511.1 (Williams, § 3170.1); T.C.A. (orig. ed.), § 6-403.

6-52-104. Apportionment and distribution of condemnation proceeds.

Where any incorporated municipality, city or town is compelled to surrender its charter by reason of the taking of its property by any governmental agency, corporation, association, firm, partnership or individual vested with the authority to purchase or condemn or take the properties of such incorporated municipality, city or town under the power of eminent domain, the proceeds derived from the taking of such municipal properties shall belong to, and become vested in, such taxpayers in proportion to the amount of such taxes paid or owing by such taxpayers to such incorporated municipality for the year that the first property or properties are acquired by such governmental agency, corporation, association, firm, partnership or individual; provided, that where no taxes have been assessed for such year, then the next preceding tax year shall constitute the basis for distribution. Such distribution shall be made only after payment of all indebtedness owing by such municipality, city or town incorporated under the laws of this state.

Acts 1947, ch. 55, § 2; mod. C. Supp. 1950, § 3511.2 (Williams, § 3170.2); T.C.A. (orig. ed.), § 6-404.

6-52-105. New corporation as successor to old.

When the charter of any municipal corporation has been repealed, and the same territory has been reincorporated, the new corporation is declared to be the successor of the old corporation for the purposes of this section, §§ 6-52-106 and 6-52-107.

Acts 1903, ch. 399, § 1; Shan., § 1997a10; Code 1932, § 3514.

Cross-References. Substitution of new charter for old, § 6-1-304.

Succession on adoption of city manager charter, § 6-18-107.

Succession on surrender of city manager charter, § 6-18-112.

6-52-106. Property and debts passing to successor.

Such new corporation shall be liable for the debts of such old corporation, and shall be entitled to the property and assets of such old corporation, which shall pass to and be vested in such new corporation for the same uses and purposes for which it was held and to be used by the old corporation.

Acts 1903, ch. 399, § 2; Shan., § 1997a11; Code 1932, § 3515; T.C.A. (orig. ed.), § 6-406.

Collateral References.

Rights and remedies of director of municipal corporation that is dissolved or combined with another municipal body. 47 A.L.R. 128.

6-52-107. Collection of taxes and dues by successor.

Such new corporation is invested with the right to collect, receive, and receipt for all taxes and dues to the old corporation to which it succeeds, and shall be entitled to exercise all the remedies provided by law for the collection of such taxes and dues.

Acts 1903, ch. 399, § 3; Shan., § 1997a12; Code 1932, § 3516; T.C.A. (orig. ed.), § 6-407.

Part 2
Abolition of Charter

6-52-201. Petition for abolition.

The people of any incorporated municipality, which was chartered or incorporated under the general laws providing for the organization of municipal corporations, who desire to surrender or abolish their charter, may do so in the following manner:

  1. Whenever ten percent (10%) or more of the registered voters of any such town or city shall petition the county election commission of the county in which the town or city is located, setting forth in the petition that they desire and pray that an election be held of the qualified voters of the town or city, submitting to them the question of “charter” or “no charter,” the county election commission shall cause to be held an election in the town or city, in the several wards thereof, if there are such wards, to ascertain the will of the people of the town or city, as to the surrender or nonsurrender of their charter. If the municipal corporation includes territory in two (2) or more counties, such election shall be called and conducted by the county election commissions of the counties in which the territory is situated, and the results certified to the county clerks of all such counties;
  2. Notwithstanding subdivision (1), or § 6-52-205 to the contrary, no such petition shall be accepted nor election with respect to such question scheduled to be held by the county election commission of the county in which the town or city is located, unless two (2) years shall have expired from the date of the incorporation of the municipality or the date of the holding of the most recent election in the municipality on the question of “charter” or “no charter,” whichever shall have last occurred.

Acts 1901, ch. 165, § 1; Shan., § 1997a1; mod. Code 1932, § 3505; Acts 1959, ch. 295, § 8; 1968, ch. 436, § 1; impl. am. Acts 1972, ch. 740, § 7; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 6-219; T.C.A., § 6-2-501; Acts 1983, ch. 50, § 1.

Cross-References. Surrender of city manager charter, § 6-18-108.

Law Reviews.

Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).

6-52-202. Notice of election.

Upon the receipt of such petition, the county election commission shall give notice of the time of holding such election, by written or printed handbills posted at five (5) or more public places in the town or city and every ward thereof, at least thirty (30) days before the day of election, stating the object of the election, and shall also cause the same to be published for two (2) consecutive weeks in some newspaper, if there is one published in the town or city.

Acts 1901, ch. 165, § 2; Shan., § 1997a2; Code 1932, § 3506; impl. am. Acts 1972, ch. 740, § 7; T.C.A. (orig. ed.), § 6-220; T.C.A., § 6-2-502; Acts 1980, ch. 676, § 1.

6-52-203. Conduct of election.

  1. On the day fixed in the notices of election and at the usual place or places of holding elections in the town or city, the county election commission shall cause the elections to be held in the manner prescribed by law in cases of general election.
  2. All persons who are entitled to vote in the town or city for officers thereof shall be entitled to vote in the election, and those who desire to surrender or abolish the charter shall have printed or written on their tickets the words “no charter,” and those opposed to the repeal or surrender of the charter shall have printed or written on their tickets the word “charter.”

Acts 1901, ch. 165, § 3; Shan., §§ 1997a3, 1997a4; mod. Code 1932, §§ 3507, 3508; impl. am. Acts 1972, ch. 740, § 7; T.C.A. (orig. ed.), § 6-221; T.C.A., § 6-2-503.

6-52-204. Return and canvass of election.

When the election is closed, the officers, judges and clerks holding the election shall certify the result of the election, together with the poll list of voters and ballots, and the same shall be duly returned to the county election commission, which shall canvass the ballots and verify the same as required by law in case of general elections.

Acts 1901, ch. 165, § 4; Shan., § 1997a5; mod. Code 1932, § 3509; impl. am. Acts 1972, ch. 740, § 7; T.C.A. (orig. ed.), § 6-222; T.C.A., § 6-2-504.

6-52-205. Results of election.

  1. When the county election commission has duly canvassed the vote and the returns, and ascertained the result of the election, if it should appear that “no charter” has a majority of the votes cast, the county election commission shall make a triplicate certificate of the result of the election and file one (1) with the original petition with the county clerk; it shall also file one (1) of the certificates, together with a copy of the original petition, with the secretary of state, to be filed and recorded in the secretary of state's office; and it shall cause one (1) of the certificates to be registered in the register's office of the county in which the town or city is situated. When the certificates are duly filed and registered as provided in this subsection (a), the corporation shall be abolished and become extinct.
  2. If a majority of the votes cast in the election are for “charter,” the county election commission shall make one (1) statement and certificate of the result, which it shall file with the county clerk of the county, together with the original petition. No other election shall be held for the repeal of the charter of such town or city until after the expiration of twelve (12) months.

Acts 1901, ch. 165, § 5; Shan., § 1997a6; Code 1932, § 3510; impl. am. Acts 1972, ch. 740, § 7; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 6-223; T.C.A., § 6-2-505.

Cross-References. Liquidation of affairs, §§ 6-52-1016-52-104.

6-52-206. Time for election.

Such an election will be held in conjunction with the next scheduled city or county-wide election, primary or referendum that is held forty-five (45) days after the petitions for abolition are filed with the election commission.

Acts 1901, ch. 165, § 6; Shan., § 1997a7; Code 1932, § 3511; T.C.A. (orig. ed.), § 6-224; T.C.A., § 6-2-506; Acts 1980, ch. 676, § 2.

Part 3
Forfeiture of Charter

6-52-301. Requisites for forfeiture.

  1. If any municipal corporation with a population of one hundred (100) inhabitants or fewer according to the latest federal census fails to exercise its corporate powers as described in § 6-52-302, then it shall, as a municipal corporation, forfeit its charter.
  2. Such forfeiture shall become effective upon the issuance of a court decree to that effect as prescribed in § 6-52-303.

Acts 1983, ch. 116, § 1.

Code Commission Notes.

Acts 1983, ch. 116, § 5 provided that this part shall apply to any municipal corporation that has failed to exercise its corporate powers as described in § 6-52-302 on or after April 20, 1983.

By order entered April 28, 1983, in the Chancery Court for Madison County, the city charter of Denmark, Tennessee was forfeited pursuant to this part.

Law Reviews.

Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).

6-52-302. Failure to exercise corporate powers.

“Failure to exercise corporate powers” under § 6-52-301 shall include either subdivisions (1)(A)-(C) combined, or subdivision (2) alone:

    1. Failure to elect a mayor or legislative body, or both, for more than one (1) year after the time fixed for such elections; and
    2. Failure to levy and collect any municipal ad valorem property taxes for a period of three (3) successive years; and
    3. Failure to expend any funds for municipal purposes or adopt a budget for municipal expenditures for a period of three (3) successive years; or
  1. Failure to hold any municipal elections for more than twenty (20) years.

Acts 1983, ch. 116, § 2.

6-52-303. Procedure.

  1. Any five (5) qualified voters of a municipal corporation that has failed to exercise municipal powers as described in § 6-52-302 may petition the chancery court or court of record with equity jurisdiction in the county in which the municipal corporation is located to declare the charter of the municipal corporation forfeited.
  2. A hearing shall be held not more than sixty (60) days after the filing of the petition to determine whether the municipal corporation meets all the conditions set forth in § 6-52-302. If the court determines that such conditions are met, then it shall issue a decree declaring the charter of the municipal corporation forfeited.
  3. Such decree shall be transmitted by certified mail by the clerk of the court to the secretary of state who shall attach the decree to the charter of the municipal corporation and note its dissolution on all records relating to the municipal corporation. Failure of the secretary of state to make such notations shall have no effect on the forfeiture.

Acts 1983, ch. 116, § 3.

6-52-304. Outstanding debts — Disposition of municipal property.

  1. If there are any outstanding debts in the form of bonds or otherwise owed by the municipal corporation at the time of forfeiture of the charter, the county legislative body of the county in which the municipal corporation is located is authorized to levy a special tax within the territory embraced within the corporate limit of the former corporation for the purposes set forth in § 6-52-101. The collection and disposition of such a tax shall be pursuant to § 6-52-102.
  2. If a municipal corporation that has forfeited its charter pursuant to this part retains any property or assets, or both, that property or assets, or both shall first be applied to any indebtedness owed by the municipal corporation. If any such property or assets, or both remain after the payment of any indebtedness, then such property or assets, or both shall become the property or assets, or both of the county in which the municipal corporation is located.

Acts 1983, ch. 116, § 4.

Chapter 53
Municipal Elections

6-53-101. Notice of elections.

    1. The county election commission of each county shall hold, upon no less than one hundred twenty (120) days' notice, an election for mayor and aldermen, and other officers in any incorporated town, village, or city, according to law, who, when elected, shall have all the powers conferred on them by their respective charters of incorporation, and until their successors are elected and qualified. If the municipal corporation includes territory in two (2) or more counties, such election and all other municipal elections of such municipal corporation shall be called and conducted by the county election commission of the county in which the town seat or city hall is located.
    2. Any municipality that has changed the term of office of any elected official shall file a certified copy of the ordinance changing such term of office with the appropriate county election commission at least seven (7) days prior to the deadline for filing the notice of election pursuant to § 2-12-111.
    1. In municipalities with a population of one hundred twenty-five (125) or less, according to the 1960 census or any subsequent federal census, notice of municipal elections may be made by posting in five (5) public places in the municipality a proclamation of the legislative body of the town holding the municipal election; provided, that the notice shall be on heavy paper or cardboard at least eight inches (8") long and five inches (5") wide, and shall be clearly legible.
    2. The notice provided for such towns may be made in lieu of all other notices required by law for municipal elections; provided, that the elections relate only to officers of the municipality.

Acts 1865, ch. 13, § 2; impl. am. Acts 1907, ch. 436; Shan., § 1948; Code 1932, § 3368; mod. C. Supp. 1950, § 3368; Acts 1959, ch. 295, § 9; 1963, ch. 387, § 1; 1965, ch. 236, § 1; 1967, ch. 9, § 1; impl. am. Acts 1972, ch. 740, § 7; Acts 1973, ch. 160, § 2; 1974, ch. 540, § 1; T.C.A. (orig. ed.), § 6-501; Acts 2000, ch. 756, § 16; 2001, ch. 413, §§ 10, 11.

Compiler's Notes. For table of populations of Tennessee municipalities see Volume 13 and its supplement.

Cross-References. Division of municipality into wards, § 6-54-101.

Elections in city manager cities, §§ 6-20-1016-20-108.

Attorney General Opinions. Constitutionality of municipal charter amendment that extends term of elected officials, OAG 00-017, 2000 Tenn. AG LEXIS 17 (2/8/00).

NOTES TO DECISIONS

1. Municipal Elections Generally.

2. —Nature of Statutes.

The election laws of the state come within the class of general statewide laws that cannot be set aside by the power of the general assembly to amend a city charter by a special act. Clark v. Vaughn, 177 Tenn. 76, 146 S.W.2d 351, 1941 Tenn. LEXIS 10 (1941).

3. —Invalid Statutes.

A statute, purpose of which is to place the whole matter of all elections within a city in the council of the city, and to deprive the city of the benefit of the general election laws is violative of Tenn. Const., art. I, § 8 and art. XI, § 8. Malone v. Williams, 118 Tenn. 390, 103 S.W. 798, 1907 Tenn. LEXIS 57, 121 Am. St. Rep. 1002 (1907).

4. —Contests.

In absence of statutory authority to the contrary the circuit court has jurisdiction of election contests for municipal offices. Baker v. Mitchell, 105 Tenn. 610, 59 S.W. 137, 1900 Tenn. LEXIS 111 (1900); Adcock v. Houk, 122 Tenn. 269, 122 S.W. 979, 1909 Tenn. LEXIS 22 (1909); Taylor v. Carr, 125 Tenn. 235, 141 S.W. 745, 1911 Tenn. LEXIS 21 (1911).

5. Failure to Hold Election on Day Fixed.

Failure to hold election on day fixed by charter does not deprive municipality of power to hold same afterward. Lynch v. Lafland, 44 Tenn. 96, 1867 Tenn. LEXIS 17 (1867).

Where there is a failure to hold election on day fixed by charter, the old officers hold over until successors are elected. Lynch v. Lafland, 44 Tenn. 96, 1867 Tenn. LEXIS 17 (1867); State v. Wilson, 80 Tenn. 246, 1883 Tenn. LEXIS 163 (1883).

6-53-102. Qualifications of voters.

  1. All persons living within such corporation and who have been residents thereof for three (3) months previous to the election, except at first election, and who are entitled to vote for members of the general assembly, shall be entitled to vote in municipal elections; provided, that if and when inclusion of additional territory within such corporation becomes effective within three (3) months next preceding the election, the length of residence during such preceding three (3) months within the added territory shall be included and recognized in applying the municipal residence requirement, prescribed by this section, as a qualification of voters in such election.
    1. In counties having a population of not less than twenty-six thousand five hundred (26,500) nor more than twenty-seven thousand one hundred fifty (27,150), according to the 1970 federal census or any subsequent federal census, the board of mayor and aldermen of any municipality under this chapter may by ordinance provide that any person who is a qualified voter and who owns real property situated within the corporate limits of such municipality may vote in any municipal election or referendum even though such person does not reside within the municipality.
    2. Subdivision (b)(1) shall not be effective until approved by a two-thirds (2/3) vote of the legislative body of any municipality to which it may apply.
    1. All persons residing outside the corporation limits, having owned a taxable freehold within the corporation for a period of six (6) months next preceding the date of the election, and being otherwise qualified, shall also be entitled to vote at the election, in any corporations having a population of not less than twelve thousand two hundred fifty (12,250) nor more than twelve thousand three hundred (12,300), according to the 1970 federal census or any subsequent federal census.
    2. Subdivision (c)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the municipal legislative body of any municipality to which it may apply.
    1. All persons residing outside the corporation limits, having owned a taxable freehold within the corporation for a period of six (6) months next preceding the date of the election, and being otherwise qualified, shall also be entitled to vote at the election, in any corporation having a population of not less than four hundred forty (440) persons nor more than four hundred sixty (460) persons, according to the 1980 federal census or any subsequent federal census.
    2. Subdivision (d)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the municipal legislative body of any municipality to which it may apply.
    1. In any city with a population of less than one thousand five hundred (1,500) located in a county with a population of not less than forty-one thousand four hundred (41,400) nor more than forty-one thousand five hundred (41,500), according to the 1980 federal census or any subsequent federal census, all persons residing outside the corporation limits of such city who shall have owned not less than a one-half (½) interest in a taxable freehold, or husband and wife who shall have owned a taxable freehold as tenants by the entireties within the corporation for a period of six (6) months next preceding the date of such election, and being otherwise qualified, shall also be entitled to vote at such election; provided, that for the purposes of this subdivision (e)(1), all persons residing outside the corporation limits of such city and owning a time-share estate as it is defined in § 66-32-102, within the corporation, shall not be considered the owner of a taxable freehold and shall not be entitled to vote in such election.
    2. Subdivision (e)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the municipal legislative body of any municipality to which it may apply.
    1. Subject to approval in a referendum held in accordance with subdivision (f)(2), in any city having a population of not less than three hundred forty (340) nor more than three hundred fifty (350) located in any county having a population of not less than twenty thousand (20,000) nor more than twenty thousand three hundred (20,300), according to the 1990 federal census or any subsequent federal census, any person residing outside the corporate limits of the city who owned at least a one-half (½) interest in a taxable freehold within such limits for the thirty-day period immediately preceding the date of such election, or any husband and wife residing outside the corporate limits of such city who owned, as tenants by the entirety, a taxable freehold within such limits for the thirty-day period immediately preceding the date of such election, shall also be entitled to vote at such election, being otherwise qualified. As used in this subdivision (f)(1), “taxable freehold” means an estate for life or a fee simple absolute in real property having an appraised value of not less than two thousand dollars ($2,000) for purposes of title 67, chapter 5.
    2. Subdivision (f)(1) shall only apply in such city if a majority of the number of qualified voters of the city voting in the first city election held following April 18, 2001, approve the question of whether or not the subsection shall apply to such city. The ballots used in such election shall have printed on them the substance of this subsection (f) and the voters shall vote for or against the subsection applying in such city. The votes cast on the question shall be canvassed and the results proclaimed by the county election commission and certified by it to the secretary of state as provided by law in the case of general elections. The qualifications of voters voting on the question shall be the same as those required for participation in general elections. All laws applicable to general elections shall apply to the determination of the approval or rejection of this subsection (f).
    1. All persons residing outside the corporate limits of any municipality having a population of not less than one thousand three hundred three (1,303) nor more than one thousand three hundred ten (1,310), located in any county having a population of not less than fifty-one thousand nine hundred (51,900) nor more than fifty-two thousand (52,000), both according to the 2000 federal census or any subsequent federal census, having owned a fee simple interest in real property pursuant to the ownership requirements of § 2-2-107(a)(3) within the corporation for a period of thirty (30) days next preceding the date of the election, and being otherwise qualified, shall also be entitled to vote in municipal elections of such municipality.
    2. Subdivision (g)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the municipal legislative body of any municipality to which it may apply.
    1. All persons residing outside the corporation limits of any municipality having a population of not less than six thousand five hundred (6,500) nor more than six thousand five hundred fifty (6,550), according to the 2000 federal census or any subsequent federal census, having owned a fee simple interest in real property pursuant to the ownership requirements of § 2-2-107(a)(3) within the corporation for a period of thirty (30) days next preceding the date of the election, and being otherwise qualified, shall also be entitled to vote in municipal elections of such municipality.
    2. Subdivision (h)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the municipal legislative body of any municipality to which it may apply.
    1. All persons residing outside the corporation limits of any municipality having a population of not less than one thousand two hundred twenty-five (1,225) nor more than one thousand two hundred thirty-five (1,235), according to the 2000 federal census or any subsequent federal census, having owned a fee simple interest in real property pursuant to the ownership requirements of § 2-2-107(a)(3) within the corporation for a period of thirty (30) days next preceding the date of the election, and being otherwise qualified, shall also be entitled to vote in municipal elections of such municipality.
    2. Subdivision (i)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the municipal legislative body of any municipality to which it may apply.
    1. All persons residing outside the corporation limits of any municipality having a population of not less than two thousand fifty (2,050) nor more than two thousand sixty (2,060), according to the 2010 federal census or any subsequent federal census, having owned a fee simple interest in real property pursuant to the ownership requirements of § 2-2-107(a)(3) within the corporation for a period of thirty (30) days next preceding the date of the election, and being otherwise qualified, shall also be entitled to vote in municipal elections of such municipality.
    2. Subdivision (j)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the municipal legislative body of any municipality to which it may apply.
    1. Persons owning at least a fifty percent (50%) fee simple interest in a parcel of real property of at least five thousand square feet (5,000 sq. ft.) or appraised for tax purposes at not less than three thousand dollars ($3,000) for the six (6) month period immediately preceding an election, who are otherwise qualified to vote in state elections in this state, shall be eligible to vote in municipal elections; provided, that the person is properly registered to vote.
    2. Subdivision (k)(1) shall only apply in any municipality with a population of not less than five hundred thirty (530) nor more than five hundred thirty-nine (539) that is located in any county having a population of not less than fourteen thousand one hundred (14,100) nor more than fourteen thousand two hundred (14,200), according to the 2010 federal census or any subsequent federal census.
    3. Subdivision (k)(1) shall have no effect unless it is approved by a two-thirds (2/3) vote of the municipal legislative body of any municipality to which it may apply.

Code 1858, §§ 1352, 1369 (deriv. Acts 1849-1850, ch. 17, § 4); Acts 1875, ch. 92, § 10; integrated in Shan., § 1952; mod. Code 1932, § 3371; Acts 1947, ch. 116, § 1; mod. C. Supp. 1950, § 3371; Acts 1967, ch. 9, § 2; 1975, ch. 187, §§ 1, 2; T.C.A. (orig. ed.), § 6-502; Acts 1980, ch. 610, §§ 1, 2; 1981, ch. 395, § 1; 1982, ch. 924, § 1; 1984, ch. 672, § 1; 1996, ch. 679, § 1; 2001, ch. 111, § 1; 2003, ch. 52, § 1; 2004, ch. 435, § 1; 2011, ch. 80, § 1; 2012, ch. 668, § 1; 2014, ch. 920, § 1.

Compiler's Notes. For tables of populations of Tennessee municipalities, and for U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Cross-References. For table of Population, Incorporation Date, and Basic Charter of Tennessee Municipalities, see Volume 13.

6-53-103. Certificate of election.

Immediately after the election, the county election commission or officers holding the election shall deliver to the persons having the highest number of votes a certificate of their election.

Code 1858, § 1368 (deriv. Acts 1849-1850, ch. 17, § 4); impl. am. Acts 1907, ch. 436; Shan., § 1951; mod. Code 1932, § 3370; impl. am. Acts 1972, ch. 740, § 7; T.C.A., § 6-505.

6-53-104. [Repealed.]

Compiler's Notes. Former § 6-53-104 (Acts 1969, ch. 134, § 1), concerning breaking a tie vote, was repealed by Acts 1991, ch. 73, § 2, effective March 26, 1991. See § 2-8-111.

6-53-105. Home rule municipalities — Elections on questions requiring local approval and on amendments to charter.

  1. In any municipality that has adopted home rule, where any question subject to local approval, under the provisions of the Constitution of Tennessee, article XI, § 9 has not been approved by a two-thirds (2/3) vote of the local governing body, a petition signed by the qualified voters of the municipality in a number amounting to at least ten percent (10%) of the votes cast in the last election for mayor may be filed with the appropriate election commission officials not later than sixty (60) days prior to the day of the next regular election or primary, and the question shall be placed on the ballot of the next regular election. Where the total cost of conducting a special election pursuant to the Constitution of Tennessee, article XI, § 9 is defrayed completely by private financial contributions, a special election may be held for the purpose of approving or disapproving the question.
  2. Except in counties having a metropolitan form of government and having a population of not less than four hundred twenty thousand (420,000) nor more than five hundred thousand (500,000), according to the 1970 federal census, the local governing body of any municipality that has adopted home rule may, by ordinance, propose an amendment to the charter of such municipality by a majority vote of the body and submit the same for ratification by approval of the qualified voters of the municipality, in a special election to be held for such purpose, the amendment to be limited in its substance and applicability to the establishment of a property tax rate, or the increasing or reduction thereof. When such local governing body has proposed any such amendment, it shall notify the election commission, which shall call and hold an election for the municipality after giving forty-five (45) days' notice that such election will be held. The ballot shall set forth the proposed amendment as set out in the resolution adopted by the local governing body, and the voters shall vote “For the amendment” or “Against the amendment.” Following the election the vote shall be canvassed by the county election commission and if a majority of those voting vote for the amendment, it shall become a part of the charter of such home rule municipality.
  3. On any ballot on which an amendment to the charter of a home rule municipality appears for approval or disapproval by the electorate, a statement certified by the chief financial officer of the municipality shall appear immediately after the language describing the amendment but before the questions “For the amendment” and “Against the amendment.” The statement shall indicate the chief financial officer's estimate of the net cost savings, net cost increase, or net increase or decrease in revenues, on a yearly basis, if any, that will be effected if the amendment is approved. The statement by the financial officer shall be made readily distinguishable from the language describing the amendment itself.

Acts 1972, ch. 512, § 1; 1973, ch. 225, §§ 1, 2; T.C.A., § 6-509; Acts 1993, ch. 199, § 1.

Attorney General Opinions. Repeal of adoption of home rule, OAG 98-0106, 1998 Tenn. AG LEXIS 106 (6/11/98).

A charter commission may in its discretion frame many changes to a home rule charter as part of a single measure subject to a single vote, or may frame each change as part of a separate measure subject to a separate vote, as it deems appropriate. OAG 06-124, 2006 Tenn. AG LEXIS 133 (8/2/06).

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

6-53-106. Filling certain vacancies.

  1. Notwithstanding any other law or municipal charter, whenever a vacancy occurs in the membership of any city board of education whose members are elected by vote of the people or in the office of city judge who is elected by vote of the people in any city having a population in excess of one hundred thousand (100,000) within counties, except those counties with the metropolitan form of government, having a population in excess of two hundred thousand (200,000), each according to the 1970 federal census or any subsequent federal census, any appointment made pursuant to law or charter provision shall be an interim appointment, valid only until the next primary or general election or referendum that is held in such city after the vacancy occurs.
  2. At such primary or general election or referendum, the vacancy shall be filled for the remainder of the unexpired term by the election of some qualified candidate.
  3. In any city to which this section applies, for those offices for which by charter or other law a special election is provided for the filling of vacancies, such charter or other law shall be controlling, but if no special election is so provided for the filling of vacancies, this section shall control.

Acts 1972, ch. 700, § 1; T.C.A., § 6-510.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Law Reviews.

The Tennessee Court System — Municipal Courts, 8 Mem. St. U.L. Rev. 431 (1978).

Attorney General Opinions. Election to fill a vacancy in the position of a city judge should be held at next primary election is held in the city after the vacancy occurred, OAG 03-109, 2003 Tenn. AG LEXIS 126(9/8/03).

6-53-107. Vacancies in council.

  1. Notwithstanding any other law or charter, whenever a vacancy occurs in the membership of the city council of any city having a population in excess of one hundred thousand (100,000) within counties, except those counties with the metropolitan form of government, having a population in excess of two hundred thousand (200,000), each according to the 1970 federal census or any subsequent federal census, any appointment made to fill such vacancy under the law or charter shall be an interim appointment, valid only until the next primary or general election or referendum that is held in such city after the vacancy occurs.
  2. At such primary or general election or referendum, the vacancy shall be filled for the remainder of the unexpired term by the election of some qualified candidate.
  3. In any city to which this section applies, for those offices for which by charter or other law a special election is provided for the filling of vacancies, such charter or other law shall be controlling, but if no special election is so provided for the filling of vacancies,  this section shall control.

Acts 1972, ch. 694, § 1; 1974, ch. 755, § 1; T.C.A., § 6-511.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Attorney General Opinions. Term of interim appointment to city council, OAG 98-0172, 1998 Tenn. AG LEXIS 172 (8/27/98).

6-53-108. Petitions for recall elections.

  1. The charter of any municipality to the contrary notwithstanding, any petition or petitions required to be filed under a municipal charter in order to cause a recall election of whatever type or kind, whether in the nature of a new municipal election prior to the next regular election or otherwise, shall contain one (1) or more specific grounds for removal.
  2. This section shall be construed to be remedial and shall be given a liberal and retroactive effect where legally permissible.

Acts 1981, ch. 323, §§ 1, 2.

Cross-References. Special elections, title 2, ch. 14.

Collateral References.

Application of constitutional “compactness requirement” to redistricting. 114 A.L.R.5th 311.

State court jurisdiction over congressional redistricting disputes. 114 A.L.R.5th 387.

Sufficiency of particular charges as affecting enforceability of recall petition. 114 A.L.R.5th 1.

Sufficiency of technical and procedural aspects of recall petitions. 116 A.L.R.5th 1.

6-53-109. Minimum age of city and municipal legislators.

  1. Notwithstanding general law, private act, or municipal charter to the contrary, no minimum age qualification for membership on the legislative body of any municipality or city shall be greater than twenty-one (21) years of age at the time of taking office nor less than eighteen (18) years of age as a candidate for election to such office; provided, that a minimum age qualification for such membership, within such age range, may be established by a municipality or city by private act, charter provision, or ordinance if authorized by its charter.
  2. This section shall not apply to any county with a metropolitan form of government.

Acts 1981, ch. 477, § 1.

Cross-References. Minimum age requirement for state representative, Tenn. Const., art. II, § 9.

Minimum age requirement for state senator, Tenn. Const., art. II, § 10.

Qualifications for county legislators, § 5-5-102.

6-53-110. Election districts.

    1. Notwithstanding any other law or charter to the contrary, no member of the legislative body of a municipality, a popularly elected school board, or any other similarly constituted and elected board or commission of a county or municipality shall be elected to such office through an election procedure requiring candidates to be nominated from a district and elected at-large, but such members shall be elected from districts as established by the appropriate county or municipality, which districts shall:
      1. Assure representation of substantially equal populations and guarantee the principle of one man/one vote in compliance with the Constitution of the United States; and
      2. Be reasonably compact and contiguous and not overlap.
    2. Following the establishment of the districts, such districts shall be reapportioned at least as often as districts for the county legislative body of such county are reapportioned to ensure compliance with the limitations prescribed in this section.
      1. This section shall apply to all such elections held on and after September 1, 1983.
      2. This section shall not apply in any municipality with a population of less than fifty thousand (50,000) persons or in any county with a population of less than ninety thousand (90,000) persons, according to the 1980 federal census or any subsequent federal census.
      3. This section shall not apply in any county having a population of not less than eighty-five thousand seven hundred twenty-five (85,725) nor more than eighty-five thousand eight hundred twenty-five (85,825), according to the 1980 federal census or any subsequent federal census.
    1. This section shall only apply to local governmental entities that use the election procedure outlined in subsection (a).
  1. This section shall have no effect, unless it is approved by a majority of the number of qualified voters of the county or municipality to which it may apply, as the case may be, voting in an election on the question of whether or not this section should be approved. The ballots used in the first regular election held in such county or municipality after May 24, 1983, shall have printed on them the substance of this section and the voters shall vote for or against its approval. The election commission shall place this question on the ballot at the direction of the state election coordinator. The votes cast on the question shall be canvassed and the results proclaimed by the county election commission and certified by it to the secretary of state as provided by law in the case of general elections. The qualifications of voters voting on the question shall be the same as those required for participation in general elections. All laws applicable to general elections shall apply to the determination of the approval or rejection of this section.

Acts 1983, ch. 404, §§ 1-3.

Compiler's Notes. For tables of population of Tennessee municipalities, and for U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

6-53-111. Home rule municipalities — Status of school board following merger with county school system.

  1. When a home rule city having a city board of education changes its charter to repeal prospectively its charter provisions authorizing it to maintain a separate school system from the county in which it is located, no further election for the city's board of education shall be held within the period of three (3) years before the date of the merger of the city school system into the county school system. The members in office at the time of the charter vote shall remain in office until the repeal takes effect, unless the intervening period is more than three (3) years.
  2. The powers conferred by this section are in addition and supplemental to the powers conferred by any other law, charter, or home rule provision.

Acts 1995, ch. 55, § 1.

Chapter 54
Municipal Powers Generally

Part 1
General Provisions

6-54-101. Division into wards.

The governing board may divide any municipal corporation into as many wards as it may deem necessary.

Code 1858, § 1384 (deriv. Acts 1849-1850, ch. 17, § 11); Shan., § 1978; mod. Code 1932, § 3393; modified; T.C.A. (orig. ed.), § 6-601.

Cross-References. Transportation system, ownership authorized, title 7, ch. 56.

Attorney General Opinions. Cities and counties lack statutory authority to regulate mortgage transactions, OAG 03-016, 2003 Tenn. AG LEXIS 19 (2/11/03).

NOTES TO DECISIONS

1. In General.

This chapter applies to all cities, towns and municipalities in this state even though incorporated by private act. State use of Newbern v. Flatt, 503 S.W.2d 916, 1974 Tenn. LEXIS 538 (Tenn. 1974), rehearing denied, 505 S.W.2d 724, 1974 Tenn. LEXIS 534 (Tenn. 1974).

6-54-102. Redistricting into new wards.

Municipalities may redistrict into new wards whenever, for proper reasons, they deem it expedient so to do.

Acts 1875, ch. 92, § 15; Shan., § 1908; Code 1932, § 3319; T.C.A. (orig. ed.), § 6-602.

6-54-103. Owning real estate outside limits.

All municipal corporations may, for corporate purposes, hold real estate beyond their limits.

Code 1858, § 1363 (deriv. Acts 1857-1858, ch. 28, § 1); Acts 1875, ch. 92, § 17; Shan., § 1922; Code 1932, § 3334; T.C.A. (orig. ed.), § 6-603.

Cross-References. Foreign-trade zones, title 7, ch. 85.

NOTES TO DECISIONS

1. Right to Hold Land Beyond Limits.

A municipality may hold real estate located beyond its limits for various purposes. Memphis v. Hastings, 113 Tenn. 142, 86 S.W. 609, 1904 Tenn. LEXIS 10, 69 L.R.A. 750 (1904) (reservoir); Town of Pulaski v. Ballentine, 153 Tenn. 393, 284 S.W. 370, 1925 Tenn. LEXIS 36 (1925) (cemetery); Reams v. McMinnville, 155 Tenn. 222, 291 S.W. 1067, 1926 Tenn. LEXIS 39 (1927) (school site); City of Nashville v. Vaughn, 158 Tenn. 498, 14 S.W.2d 716, 1928 Tenn. LEXIS 179 (Tenn. Mar. 16, 1929) (park); Silverman v. Chattanooga, 165 Tenn. 642, 57 S.W.2d 552, 1932 Tenn. LEXIS 98 (1933) (airport); McLaughlin v. Chattanooga, 180 Tenn. 638, 177 S.W.2d 823, 1944 Tenn. LEXIS 331 (1944) (airport).

Trial court properly granted an industrial development corporation's motion to dismiss because nothing in the statutory scheme precluded it from procuring property outside the city's corporate limits to establish an industrial park as a joint venture between the city and the county; pursuant to the Industrial Park Act and the Industrial Development Corporations Act, the city and corporation could purchase or hold property, both within and without the city, for economic development projects. Burks v. Savannah Indus. Dev. Corp., — S.W.3d —, 2018 Tenn. App. LEXIS 621 (Tenn. Ct. App. Oct. 24, 2018).

2. Power and Capacity of Municipality.

A municipality may own property for airport and other purposes lying outside of the corporate boundaries, and may there exercise the usual powers incident to ownership. Silverman v. Chattanooga, 165 Tenn. 642, 57 S.W.2d 552, 1932 Tenn. LEXIS 98 (1933); McLaughlin v. Chattanooga, 180 Tenn. 638, 177 S.W.2d 823, 1944 Tenn. LEXIS 331 (1944).

In seeking to acquire land for a municipal airport lying outside the corporate boundaries of the municipality and partly within and partly without the state, the City of Chattanooga was not proposing to act in its governmental capacity but in its corporate or proprietary capacity only, and in this capacity it could not exercise the power of eminent domain or police power generally nor was it exempt from taxation or entitled to preferential treatment in this regard. McLaughlin v. Chattanooga, 180 Tenn. 638, 177 S.W.2d 823, 1944 Tenn. LEXIS 331 (1944).

3. Property Outside State.

The City of Chattanooga had power to acquire and hold land for a municipal airport both within and without the state, and could exercise the usual incident to ownership thereto. McLaughlin v. Chattanooga, 180 Tenn. 638, 177 S.W.2d 823, 1944 Tenn. LEXIS 331 (1944).

4. Enforcement of Ordinances.

A city may enforce violation of its ordinance in territory owned by it for municipal airport, located more than two miles beyond the corporate limits, where the language of its charter expressly confers such power upon it. Silverman v. Chattanooga, 165 Tenn. 642, 57 S.W.2d 552, 1932 Tenn. LEXIS 98 (1933).

6-54-104. Regulation of electrical work.

All incorporated cities, towns, and villages, however formed, are empowered to regulate the business of electricians and electrical work in such cities, towns, or villages, and to enforce efficiency of same, and to that end to pass all ordinances necessary to carry out and enforce the powers delegated.

Acts 1925, ch. 83, § 1; Shan. Supp., § 1915a1; mod. Code 1932, § 3327; modified; T.C.A. (orig. ed.), § 6-611.

Attorney General Opinions. Proposed Electricians' Licensing Act of 1998 does not require union membership, OAG 98-050, 1998 Tenn. AG LEXIS 50 (2/23/98).

6-54-105. Regulation of sale of commodities.

All corporate towns may pass laws to require articles usually sold by dry or heaped measure, to be sold by weight, within their corporate limits.

Code 1858, § 1364 (deriv. Acts 1857-1858, ch. 55, § 10); Shan., § 1923; Code 1932, § 3335; T.C.A. (orig. ed.), § 6-612.

6-54-106. Regulation of powder magazines.

The governing body of any incorporated municipality may authorize the building of powder magazines at any safe and prudent distance from the limits of the corporation. When it gives such authority, it shall be by order upon its records, designating and appointing the places within its county where such magazines may be erected, in which it shall be lawful to deposit and keep gunpowder. The corporate authorities shall adopt such regulations in regard to the construction of such magazines as may, in their opinion, best secure the community from danger.

Code 1858, §§ 1395-1397 (deriv. Acts 1851-1852, ch. 169, §§ 1, 2); Shan., §§ 1992-1994; mod. Code 1932, §§ 3494-3496; T.C.A. (orig. ed.), § 6-613.

Cross-References. Municipal regulation of gunpowder storage, § 68-101-101.

Obstructing highway or other passageway, § 39-17-307.

Preemption by state regulation, § 39-17-1314.

6-54-107. Interest of officer in municipal contracts prohibited.

  1. No person holding office under any municipal corporation shall, during the time for which such person was elected or appointed, be capable of contracting with such corporation for the performance of any work that is to be paid for out of the treasury. Nor shall such person be capable of holding or having any other direct interest in such a contract. “Direct interest” means any contract with any business in which the official is the sole proprietor, a partner, or the person having the controlling interest. “Controlling interest” includes the individual with the ownership or control of the largest number of outstanding shares owned by any single individual or corporation.
  2. No officer in a municipality shall be indirectly interested in any contract to which the municipality is a party unless the officer publicly acknowledges such officer's interest. “Indirectly interested” means any contract in which the officer is interested but not directly so, but includes contracts where the officer is directly interested but is the sole supplier of goods or services in a municipality.
    1. Any member of a local governing body of a municipality who is also an employee of the same municipality may vote on matters in which such member has a conflict of interest if the member informs the governing body immediately prior to the vote as follows:

      “Because I am an employee of (name of governmental unit), I have a conflict of interest in the proposal about to be voted. However, I declare that my argument and my vote answer only to my conscience and to my obligation to my constituents and the citizens this body represents.”

    2. In the event a member of a local governing body of a municipality has a conflict of interest in a matter to be voted upon by the body, the member may abstain for cause by announcing such to the presiding officer. Any member of a local governing body of a municipality who abstains from voting for cause on any issue coming to a vote before the body shall not be counted for the purpose of determining a majority vote.
    3. The vote of any person having a conflict of interest who does not inform the governing body of such conflict as provided in subdivision (c)(1) shall be void if challenged in a timely manner. As used in this subdivision (c)(3), “timely manner” means during the same meeting at which the vote was cast and prior to the transaction of any further business by the body.
    4. Nothing in this subsection (c) alters, amends, or otherwise affects § 12-4-101(a). In the event of any conflict between this subsection (c) and § 12-4-101(a), § 12-4-101(a) shall prevail.
    5. The legislative body of any metropolitan form of government or charter form of government may opt out of this subsection (c) by resolution.

Code 1858, § 1398 (deriv. Acts 1857-1858, ch. 7, § 1); Shan., § 1995; Code 1932, § 3497; T.C.A. (orig. ed.), § 6-626; Acts 1983, ch. 388, §§ 2, 6; 1985, ch. 236, § 1; 1986, ch. 765, §§ 1-3; 2016, ch. 1072, § 4.

Amendments. The 2016 amendment, in (c), substituted “municipality” for “county or a municipality” throughout, substituted “the same municipality” for “such county or municipality” in the introductory language, rewrote the first sentence in (4) which read: “Nothing in this subsection (c) shall be construed as altering, amending or otherwise affecting § 12-4-101(a).”; and added (5).

Effective Dates. Acts 2016, ch. 1072, § 6. May 20, 2016.

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, § 71.

Law Reviews.

Local Government Law — 1954 Tennessee Survey, 7 Vand. L. Rev. 881 (1954).

Attorney General Opinions. Dual membership on city council and hospital board, OAG 98-004, 1998 Tenn. AG LEXIS 4 (1/5/98).

Utility board employee serving as mayor or city council member, OAG 98-0130, 1998 Tenn. AG LEXIS 129 (7/27/98).

Under T.C.A. § 6-54-107(a), a city judge is prohibited from contracting with the city for the performance of work to be paid for out of the treasury, and this prohibition includes acting as the city attorney, either as an independent contractor or as an employee of the city, OAG 02-106, 2002 Tenn. AG LEXIS 111 (10/01/02).

NOTES TO DECISIONS

1. In General.

A mayor who presides in meetings of contracting board with the power to cast deciding vote is within the statute and liable to recovery. Hammon v. Miller, 13 Tenn. App. 458, — S.W.2d —, 1931 Tenn. App. LEXIS 83 (Tenn. Ct. App. 1931).

This section and § 6-54-108 operate prospectively and not retroactively. Kingsport v. Lay, 62 Tenn. App. 145, 459 S.W.2d 786, 1970 Tenn. App. LEXIS 256 (Tenn. Ct. App. 1970).

In action by residents of incorporated town against mayor for violation of the statutory provisions of this section, action was properly brought even though town had been incorporated by private act of the general assembly had not adopted the general municipal incorporation statute. State use of Newbern v. Flatt, 503 S.W.2d 916, 1974 Tenn. LEXIS 538 (Tenn. 1974), rehearing denied, 505 S.W.2d 724, 1974 Tenn. LEXIS 534 (Tenn. 1974).

2. Remedies.

Where defendant was elected to office of alderman while serving under contract as assistant superintendent of education, suit for declaratory judgment would lie to determine liability of city to pay defendant salaries of such offices and quo warranto was not sole available remedy. Kingsport v. Lay, 62 Tenn. App. 145, 459 S.W.2d 786, 1970 Tenn. App. LEXIS 256 (Tenn. Ct. App. 1970).

It was error to join an action in the nature of quo warranto, based upon title 12, chapter 4, part 1, and an action for debt brought by a relator on behalf of the city, based upon title 6, chapter 54. The quo warranto action by the state affords complete relief and must take precedence over the action for debt by the city. Smyrna v. Ridley, 730 S.W.2d 318, 1987 Tenn. LEXIS 905 (Tenn. 1987).

3. Right to Compensation.

Where one member of a firm of lawyers as member of board of aldermen voted for the employment of his firm and his vote was required to make a majority, the firm cannot recover of city for services. Burkett v. Athens, 59 S.W. 667, 1900 Tenn. Ch. App. LEXIS 110 (1900).

Where defendant was elected to office of alderman while serving under contract as assistant superintendent of education, defendant would be entitled to both salaries during term of contract as assistant superintendent that was in existence at time he was elected alderman but would not be entitled to salary as assistant superintendent thereafter for period he served as alderman. Kingsport v. Lay, 62 Tenn. App. 145, 459 S.W.2d 786, 1970 Tenn. App. LEXIS 256 (Tenn. Ct. App. 1970).

4. Conflict of Interest.

The state and the City of Kingsport properly adopted statutes and ordinances for the purpose of preventing an individual from holding public offices that created a conflict of interest. Lay v. Kingsport, 454 F.2d 345, 1972 U.S. App. LEXIS 11627 (6th Cir. Tenn. 1972), cert. denied, 409 U.S. 846, 93 S. Ct. 50, 34 L. Ed. 2d 87, 1972 U.S. LEXIS 1298 (1972).

6-54-108. Penalty for unlawful interest of officer.

Every officer of such corporation who shall unlawfully be concerned in making such contract, or who shall unlawfully pay money upon the same to or for any person declared incapable in § 6-54-107, shall forfeit the amount so paid; and such officer shall be jointly and severally liable to an action for the same, which action may be prosecuted by any citizen of the corporation in its name.

Code 1858, § 1399 (deriv. Acts 1857-1858, ch. 7, § 1); Shan., § 1996; mod. Code 1932, § 3498; T.C.A. (orig. ed.), § 6-627; Acts 1983, ch. 388, § 3.

NOTES TO DECISIONS

1. In General.

This section and § 6-54-107 operate prospectively and not retroactively. Kingsport v. Lay, 62 Tenn. App. 145, 459 S.W.2d 786, 1970 Tenn. App. LEXIS 256 (Tenn. Ct. App. 1970).

2. Conflict of Interest.

The state and the City of Kingsport properly adopted statutes and ordinances for the purpose of preventing an individual from holding public offices that created a conflict of interest. Lay v. Kingsport, 454 F.2d 345, 1972 U.S. App. LEXIS 11627 (6th Cir. Tenn. 1972), cert. denied, 409 U.S. 846, 93 S. Ct. 50, 34 L. Ed. 2d 87, 1972 U.S. LEXIS 1298 (1972).

6-54-109. Municipal control of utilities.

It is not lawful for:

  1. Any corporation chartered or authorized to build or operate, or operating, a street railway, whether by steam, electricity, or otherwise;
  2. Any corporation chartered or authorized to manufacture or furnish, or furnishing gas, electricity, or other substance for the lighting of the streets or public places of any town or city, or for the use or consumption by the inhabitants of such town or city; or
  3. Any corporation chartered or authorized to supply, or supplying, any town or city or the inhabitants thereof with water;

    to acquire the franchises or property of any similar corporation carrying on its operations with any city or town, or partly in such city or town and in the territory adjacent to same, by consolidation, purchase, lease or other mode, except only by and with the permission and consent, expressed officially in writing, of the municipal government of the city or town in which the corporation whose franchises or property is being acquired carries on its business, wholly or in part, and then only upon such terms and conditions as the municipal government may prescribe; provided, that such terms and conditions shall not violate any law.

Acts 1889, ch. 70, § 1; Shan., § 2047; Acts 1925, ch. 50, § 1; mod. Code 1932, § 4081; T.C.A. (orig. ed.), §§ 6-646, 48-610.

Textbooks. Tennessee Jurisprudence, 13 Tenn. Juris., Gas Companies, § 7.

Attorney General Opinions. Providing natural gas within city limits.  OAG 14-42, 2014 Tenn. AG LEXIS 43 (4/1/14).

6-54-110. Oil and natural gas — Powers and duties.

  1. Notwithstanding any other law, a municipality, its agencies or divisions thereof, may within or without the state engage in investigating, exploring, prospecting, drilling, and mining for and producing natural gas and oil and mineral by-products thereof, and construct the appropriate facilities to produce, save, take care of, maintain, treat and transport natural gas and oil and mineral by-products thereof, or to contract for same with any person, federal agency, municipality or public or private corporation.
  2. No municipality, its agencies, or division thereof, is granted any additional power of eminent domain to carry out this section.

Acts 1974, ch. 627, § 1; T.C.A., § 6-661.

Cross-References. Municipal gas companies, title 7, ch. 39.

Attorney General Opinions. Authority of municipal utility division to furnish propane service, OAG 98-0175, 1998 Tenn. AG LEXIS 175 (8/28/98).

6-54-111. Appropriation of funds for nonprofit organizations.

    1. The legislative body of each municipality may appropriate funds for the financial aid of any nonprofit charitable organization or any nonprofit civic organization in accordance with the guidelines required by subsection (b).
      1. For the purposes of this section, “nonprofit charitable organization” is one in which no part of the net earnings inures or may lawfully inure to the benefit of any private shareholder or individual and that provides year-round services benefiting the general welfare of the residents of the municipalities.
      2. For the purposes of this section, “nonprofit civic organization” means a civic organization exempt from taxation pursuant to § 501(c)(4) or (c)(6) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(c)(4), (c)(6)), which operates primarily for the purpose of bringing about civic betterments and social improvements through efforts to maintain and increase employment opportunities in the municipality by promoting industry, trade, commerce, tourism and recreation by inducing manufacturing, industrial, governmental, educational, financial, service, commercial, recreational, and agricultural enterprises to locate in or remain in the municipality. The statement of public policy set forth in Acts 1955, ch. 209, § 3 is hereby incorporated into and made a part of this section, and it is hereby determined and declared that appropriations authorized by this section are needed to relieve the emergency created by the continuing migration from Tennessee and its municipalities of a large number of its citizens in order to find employment elsewhere, and to enable the municipalities of the state to assist nonprofit organizations in furthering the economic development, social welfare, and common good of its residents.
  1. The comptroller of the treasury shall devise standard procedures to assist a municipality in the disposition of funds that are appropriated under this section. Each legislative body of a municipality shall devise guidelines directing for what purpose the appropriated money may be spent. These guidelines shall provide generally that any funds appropriated shall be used to promote the general welfare of the residents of the municipality. Any funds appropriated under this section shall be used and expended under the direction and control of the legislative body of a municipality in conjunction with the guidelines and procedures of the comptroller of the treasury.
    1. Any nonprofit organization that desires financial assistance from a municipality shall file with the city clerk a copy of an annual report of its business affairs and transactions that includes, but is not limited to:
      1. Either a copy of the entity's most recently completed annual audit or an annual report detailing all receipts and expenditures in a form prescribed by the comptroller of the treasury and prepared and certified by the chief financial officer of such nonprofit organization;
      2. A description of the program that serves the residents of the municipality; and
      3. The proposed use of the municipal assistance.
    2. The report filed pursuant to subdivision (c)(1) shall be open for public inspection during regular business hours of the city clerk's office.
    3. Financial reports shall be available to fiscal officers of the municipality and shall be subject to audit under § 6-56-105.
  2. Appropriations to nonprofit organizations other than charitable organizations may be made only once notices have been published in a newspaper of general circulation in the municipality of the intent to make an appropriation to a nonprofit, but not charitable, organization specifying the intended amount of the appropriation and the purposes for which the appropriation will be spent.

Acts 1978, ch. 838, § 1; T.C.A., § 6-662; Acts 1984, ch. 820, §§ 2, 4; 1995, ch. 297, §§ 1, 2; 2017, ch. 123, § 2.

Compiler's Notes. Acts 1995, ch. 209, § 3, referred to in (a)(2)(B), reads as follows:

“That it is hereby determined and declared that the purpose of this act is to do that which the state welfare demands, and the state public policy requires:

“(a)  That the migration and loss of the people of Tennessee, who are compelled to leave the territorial limits of the state, daily, weekly, monthly and yearly to obtain employment and earn a livelihood be retarded and reduced.

“(b)  That the conditions of unemployment existing statewide in Tennessee be relieved thereby reducing the evils attendant thereto.

“(c)  That the average family income in Tennessee be raised and increased as much as possible, but to an amount at least the average over the United States.

“(d)  That a means be provided for the citizens of communities to promote and develop industry in their areas, when it is possible for them to do so in their separate and individual capacities.

“(e)  That a balanced economic development highly essential to the welfare of this state be promoted.

“(f)  That the reconversion from war time and civil defense economy to peace time pursuits be expedited by a program for readjustment of employment to accord with employment problems necessarily arising from changed conditions.

“(g)  That the present and prospective health, safety, morals, pursuit of happiness, right to gainful employment and the general welfare of the citizens demand as a public purpose, the development within Tennessee of commercial, industrial, agricultural and manufacturing enterprises by the several municipalities.

“(h)  That the means and measures herein authorized to promote such enterprises are, as a matter of public policy, for the public purposes of the several municipalities, and the state of Tennessee.

“(i)  That the present and prospective promotion of health, safety, morals, pursuit of happiness, right to gainful employment, and the general welfare of the state requires the measures that are herein and hereby authorized, and to that end will afford ready and attractive markets for farm and garden products, for the development of natural resources, and for the conversion of raw materials of farm, mine and forest into finished products for the general welfare of each of such municipalities, and the entire people of the state.

“(j)  That the accomplishment of the things herein authorized to be done by the several municipalities will give to them local benefits peculiar to each, and general benefits to the entire state.”

Acts 1995, ch. 297, § 3 provided that contributions made by municipalities in the past to the organizations authorized to receive contributions by that act are hereby ratified and approved.

Amendments. The 2017 amendment rewrote (c) which read: “(c)  Any nonprofit organization that desires financial assistance from a municipality shall file with the city clerk a copy of an annual report of its business affairs and transactions, which includes, but is not limited to, a copy of an annual audit, a description of the program that serves the residents of the municipality and the proposed use of the municipal assistance. Such report will be open for public inspection during regular business hours of the city clerk's office.”

Effective Dates. Acts 2017, ch. 123, § 3. April 12, 2017.

Attorney General Opinions. Pledge of city appropriations to nonprofit organization, OAG 99-225, 1999 Tenn. AG LEXIS 231 (12/3/99).

6-54-112. Mayors and commissioners — Substitutes to serve on boards, etc.

    1. Any mayor or full-time commissioner of a municipality who serves on a municipal, county, regional board, commission, or authority or development district board, in an appointed, elected, or ex officio capacity, may from time to time designate a person qualified to hold the official's office, a professional staff member of the municipality with appropriate training, or a member of the municipality's governing body to sit in the municipal official's place on the board, commission, or authority.
    2. Any such designee has the same immunities and powers, including the power to vote, as are otherwise conferred on the elected municipal official on the board, commission, or authority.
    3. No such designee may cast more than one (1) vote.
    4. At any meeting attended by the elected municipal official, only the elected municipal official, and not the designee, shall exercise voting power.
    1. Subsection (a) shall not be applicable when there is a charter, private act, ordinance, or general law provision providing for a substitute for the local government official, nor shall subsection (a) apply to boards, commissions, or authorities whose members are appointed by the governor.
    2. Subsection (a) shall not apply to the members of local boards of education.

Acts 1987, ch. 236, § 1; 1989, ch. 169, § 1.

6-54-113. Removal of vegetation and debris from certain lots.

    1. “Municipality,” as used in this section, includes incorporated cities and towns and metropolitan governments.
    2. The authority provided in this section is permissive and not mandatory and may or may not be exercised by a municipality, as each municipality deems appropriate.
  1. If it is determined by the appropriate department or person as designated by the governing body of a municipality that any owner of record of real property has created, maintained or permitted to be maintained on such property the growth of trees, vines, grass, underbrush or the accumulation of debris, trash, litter, or garbage, or any combination of the preceding elements, so as to endanger the health, safety or welfare of other citizens or to encourage the infestation of rats and other harmful animals, the appropriate department or person shall provide notice to the owner of record to remedy the condition immediately. The notice shall be given by United States mail, addressed to the last known address of the owner of record. When an attempt at notification by United States mail fails or no valid last known address exists for the owner of record, the municipality may publish the notice in a newspaper of general circulation in the county where the property sits for no less than two (2) consecutive issues or personally deliver the notice to the owner of record. For purposes of this section, such publication shall constitute receipt of notice effective on the date of the second publication of the notice and personal delivery shall constitute receipt of notice immediately upon delivery. The notice shall state that the owner of the property is entitled to a hearing. The notice shall be written in plain language and shall also include, but not be limited to, the following elements:
    1. A brief statement of this section, which shall contain the consequences of failing to remedy the noted condition;
    2. The person, office, address and telephone number of the department or person giving notice;
    3. A cost estimate for remedying the noted condition, which shall be in conformity with the standards of cost in the community; and
    4. A place wherein the notified party may return a copy of the notice, indicating the desire for a hearing.
      1. If the person fails or refuses to remedy the condition within ten (10) days after receiving the notice, the appropriate department or person shall immediately cause the condition to be remedied or removed at a cost in conformity with reasonable standards and the cost thereof assessed against the owner of the property. The municipality may collect the costs assessed against the owner through an action for debt filed in any court of competent jurisdiction. The municipality may bring one (1) action for debt against more than one (1) or all of the owners of properties against whom such costs have been assessed, and the fact that multiple owners have been joined in one (1) action shall not be considered by the court as a misjoinder of parties. Upon the filing of the notice with the office of the register of deeds of the county in which the property lies, the costs shall be a lien on the property in favor of the municipality, second only to liens of the state, county and municipality for taxes, any lien of the municipality for special assessments, and any valid lien, right or interest in such property duly recorded or duly perfected by filing, prior to the filing of such notice. These costs shall be collected by the municipal tax collector or county trustee at the same time and in the same manner as property taxes are collected. If the owner fails to pay the costs, they may be collected at the same time and in the same manner as delinquent property taxes are collected and shall be subject to the same penalty and interest as delinquent property taxes.
      2. When the owner of an owner-occupied residential property fails or refuses to remedy the condition within ten (10) days after receiving the notice, the appropriate department or person shall immediately cause the condition to be remedied or removed at a cost in accordance with reasonable standards in the community, with these costs to be assessed against the owner of the property. Subdivision (c)(1)(A) shall apply to the collection of costs against the owner of an owner-occupied residential property, except that the municipality shall wait until cumulative charges for remediation equal or exceed five hundred dollars ($500) before filing the notice with the register of deeds and the charges becoming a lien on the property. After this threshold has been met and the lien attaches, charges for costs for which the lien attached are collectible as provided in subdivision (c)(1)(A) for these charges.
    1. If the person who is the owner of record is a carrier engaged in the transportation of property or is a utility transmitting communications, electricity, gas, liquids, steam, sewerage or other materials, the ten-day period specified in subdivision (a)(1) shall be twenty (20) days, excluding Saturdays, Sundays and legal holidays.
    1. The municipal governing body or the appropriate department, or both, may make any rules and regulations necessary for the administration and enforcement of this section. The municipality shall provide for a hearing upon request of the person aggrieved by the determination made pursuant to subsection (b). A request for a hearing shall be made within ten (10) days following the receipt of the notice issued pursuant to subsection (b). Failure to make the request within this time shall without exception constitute a waiver of the right to a hearing.
    2. Any person aggrieved by an order or act of the board, agency or commission under this subsection (d) may seek judicial review of the order or act. The time period established in subsection (c) shall be stayed during the pendency of a hearing.
  2. The provisions of this section are in addition and supplemental to, and not in substitution for, similar authority in any municipality's charter or other applicable law.
  3. In the event a privately owned cemetery would otherwise meet the requirements of this section, and if a Boy Scout troop or other organization were to remedy the conditions existing on such property, the municipality shall be prohibited from filing a lien against such property for the value of the work performed by such organization. Such organization shall be immune from any legal action for damages, and no cause of action for civil or criminal liability may be brought by the owner of record of the cemetery or descendants of those buried in the cemetery against such organization, so long as reasonable care is taken by such organization not to violate § 46-2-105, § 46-3-108 [repealed], or any other provision of law, rule or regulation.
    1. As used in this subsection (g):
      1. “Community organization” means a community-oriented organization or group including, but not limited to, a school group, church youth group, neighborhood preservation nonprofit corporation, or community support group; and
      2. “Vacant property” means property on which no building exists or on which a building exists but any such building is no longer utilized for any business, commercial or residential purposes.
    2. Except as provided in subsection (f), if a person fails to remedy the condition on vacant property within the time period prescribed by subsection (c), subject to any stay as provided in subsection (d), upon the adoption of a resolution by a two-thirds (2/3) vote of the municipal legislative body of any municipality located in any county having a population in excess of eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census, to implement this subsection (g) within any such municipality, a community organization shall be entitled to petition the municipality to enter upon such vacant property to remedy the conditions identified in subsection (b). Upon the filing of such a petition, the municipality is authorized to contract with such community organization for such purposes. The contract shall provide for the manner in which the community organization shall be compensated for remedying the conditions pursuant to such contract. Any municipality that contracts with a community organization for such purposes shall be absolutely immune from any liability to any and all persons and for damage to the vacant property for conditions remedied by the community organization. No monetary liability and no cause of action of any nature shall arise against the municipality for acts of omission or commission of such community organization for conditions remedied pursuant to such contract.

Acts 1988, ch. 564, § 1; 1989, ch. 100, § 1; 1991, ch. 515, §§ 1, 3; 1993, ch. 210, § 1; 2007, ch. 382, §§ 1, 2; 2010, ch. 923, § 3; 2014, ch. 840, § 1; 2014, ch. 963, § 3.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Former § 46-3-108, referred to in this section, was repealed by Acts 2006, ch. 1012, § 6, effective January 1, 2007.

Acts 2014, ch. 963, § 5 provided that the secretary of state is authorized to promulgate rules to effectuate the purposes of the act. All such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Amendments. The 2014 amendment by ch. 963, effective January 1, 2015,  inserted “neighborhood preservation nonprofit corporation,” preceding “or community support group” in (g)(1)(A).

Effective Dates. Acts 2014, ch. 963, § 6. January 1, 2015; provided that for the purpose of promulgating rules and making necessary provisions for the implementation of the act, this act shall take effect May 19, 2014.

Cross-References. Removal of overgrown vegetation or accumulating debris by county, § 5-1-115.

6-54-114. Municipal civil service board — Members — Qualifications — Appointment.

  1. Notwithstanding any municipal charter to the contrary, each member of a municipal civil service board shall be a domiciled resident of the municipality that the board serves for at least one (1) year prior to appointment. During a member's term of office, no such member shall engage in any type of business with the municipality or any employee of such municipality.
  2. Notwithstanding any municipal charter or ordinance to the contrary, all members of any municipal civil service board in any county with a population greater than three hundred thousand (300,000), created by ordinance or charter, shall be appointed by the mayor of the municipality which the board serves. Such appointments shall be subject to confirmation by the municipal legislative body. At least one (1) member shall be a woman and one (1) member shall be a minority citizen.
  3. This section shall not apply to municipalities with a mayor-aldermen form of government.

Acts 1989, ch. 463, § 1.

Compiler's Notes. Acts 1989, ch. 463, § 2 provided that the enactment of this section by that act shall not abridge the term of any incumbent member of a board affected by its provisions, but upon the expiration of any term, or upon any current vacancy or May 31, 1989, or any future vacancy on such board after May 31, 1989, such vacancy shall be filled in accordance with its terms.

For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

NOTES TO DECISIONS

1. Constitutionality.

T.C.A. § 6-54-114 is not constitutionally invalid under Tenn. Const., art. XI, § 9. Civil Service Merit Bd. v. Burson, 816 S.W.2d 725, 1991 Tenn. LEXIS 386 (Tenn. 1991).

The classification of municipalities in populous counties in T.C.A. § 6-54-114 is reasonable, not arbitrary, and not violative of the provisions of Tenn. Const., art. I, § 8. Civil Service Merit Bd. v. Burson, 816 S.W.2d 725, 1991 Tenn. LEXIS 386 (Tenn. 1991).

There is no “invidious discrimination” reflected in the qualifications set out in T.C.A. § 6-54-114. Civil Service Merit Bd. v. Burson, 816 S.W.2d 725, 1991 Tenn. LEXIS 386 (Tenn. 1991).

Analysis of T.C.A. § 6-54-114 under the provisions of Tenn. Const., art. XI, § 8 is not appropriate. Civil Service Merit Bd. v. Burson, 816 S.W.2d 725, 1991 Tenn. LEXIS 386 (Tenn. 1991).

If the right to run for office is not considered fundamental, certainly the “right” to be appointed to public office should not be held to be a fundamental right. Civil Service Merit Bd. v. Burson, 816 S.W.2d 725, 1991 Tenn. LEXIS 386 (Tenn. 1991).

T.C.A. § 6-54-114 classifies municipalities with civil service boards based upon whether or not the municipalities are governed by a mayor-aldermanic form of government; this distinction can be supported as reasonable. A member of an affected civil service board must be appointed by the mayor and confirmed by “the municipal legislative body.” When a local legislative body is aldermanic in form, former T.C.A. § 6-1-406(9) made the mayor a voting member of the “board of mayor and aldermen,” thus creating a potential conflict of interest and diluting the separation-of-power aspect of T.C.A. § 6-54-114. The exemption is not arbitrary or unreasonable under such circumstances. Civil Service Merit Bd. v. Burson, 816 S.W.2d 725, 1991 Tenn. LEXIS 386 (Tenn. 1991).

2. —Equal Protection.

The one-year residency requirement of T.C.A. § 6-54-114(a) does not violate the equal protection clause of the fourteenth amendment to the United States constitution. Civil Service Merit Bd. v. Burson, 816 S.W.2d 725, 1991 Tenn. LEXIS 386 (Tenn. 1991).

This section does not violate equal protection simply because it is, by its terms, applicable to civil service boards “created by ordinance or charter,” as opposed to those created by private act of legislature. Civil Service Merit Bd. v. Burson, 816 S.W.2d 725, 1991 Tenn. LEXIS 386 (Tenn. 1991).

3. —Right to Travel.

The one-year residency requirement of T.C.A. § 6-54-114(a) does not penalize the constitutionally protected right of travel. Civil Service Merit Bd. v. Burson, 816 S.W.2d 725, 1991 Tenn. LEXIS 386 (Tenn. 1991).

4. Application.

T.C.A. § 6-54-114(b) does not provide a definition of a civil service board, but merely sets forth the qualifications and procedures for the appointment of civil service board members in the state's most populous counties, and T.C.A. § 6-54-114 does not speak to the authority, obligations, or purposes of a civil service board. Tidwell v. City of Memphis, 193 S.W.3d 555, 2006 Tenn. LEXIS 433 (Tenn. 2006).

6-54-115. Exemption of property from seizure.

The public property of every municipality, of every character and description, used for strictly municipal purposes, is exempt from seizure by attachment, execution or other legal process; nor shall municipal funds in the hands of its treasurer or depository be subject to garnishment or other legal process, except as is elsewhere provided. There shall be no priority, by pledge of property or taxes, given to creditors.

Acts 1991, ch. 154, § 2.

6-54-116. Joint building inspectors in certain municipalities.

  1. Two (2) or more municipalities, neither of which exceeds twenty-five thousand (25,000) in population, may engage jointly one (1) building inspector, and make an agreement specifying how this inspector shall be paid for the services and how the inspector's time or services shall be allocated to the respective municipalities. Municipalities shall have this authority regardless of any other law or charter provision to the contrary.
  2. “Municipalities” means incorporated cities and towns.

Acts 1991, ch. 154, § 2.

Compiler's Notes. For table of populations of Tennessee municipalities see Volume 13 and its supplement.

6-54-117. Construction of entertainment facilities.

All municipal corporations have the power and are authorized to purchase land and install therein roads and streets and water, sewer, electric and other utilities for the purpose of aiding in the construction and development therein of performance halls, auditoriums, theaters, or other entertainment facilities, and to issue their bonds or notes to finance in whole or in part the costs of such land and improvements, in accordance with and subject to the requirements of title 9, chapter 21, and title 13, chapter 16, and to exercise all the powers set forth therein as it relates to such construction and development.

Acts 1993, ch. 478, § 3.

6-54-118. Municipal relationships with industrial development corporations.

    1. Notwithstanding any other law to the contrary, a municipality may appropriate funds, which may be funds borrowed by the municipality under applicable law, for the purpose of making a loan, with reasonable interest assessed, or a contribution to an eligible industrial development corporation, as defined in subsection (c), for the purpose of economic development or industrial development, or both.
    2. Without limiting subdivision (a)(1), a municipality may also agree, for the period of time that the municipality may determine pursuant to an interlocal agreement entered into under § 12-9-104, that relates to the joint development or operation of an industrial park or a business park, to contribute to any eligible industrial development corporation that is identified in the interlocal agreement as the entity responsible for the development or operation of the industrial park or business park an amount equal to the property taxes that the municipality receives with respect to the property, including personal property, located within the industrial park or business park.
    3. Any amounts contributed to an industrial development corporation pursuant to subdivision (a)(2) shall be deemed revenues of the industrial development corporation, which may be used for any lawful purpose of the industrial development corporation.
    4. Without limiting subdivisions (a)(1)-(3), any industrial development corporation that is identified in an interlocal agreement as the entity responsible for the development or operation of an industrial park or business park shall be authorized to distribute to any municipality that is a party to the interlocal agreement any revenues received by the industrial development corporation with respect to the industrial park or business park that are in excess of the amounts that are needed to pay the expenses of developing and operating the industrial park or business park.
  1. Without limiting the authorization provided under any otherwise applicable law, on or before 11:59 p.m., January 1, 2012, a municipality located in a tier 3 enhancement county as defined in § 67-4-2109(a)(2) as of June 1, 2011, acting through the authorization of the board of public utilities or other board or supervisory body having responsibility for the electric department or gas department of the municipality, may loan funds from the electric department or gas department to an eligible industrial development corporation for the purpose of economic development or industrial development, or both; provided, that:
    1. Prior to making any loan pursuant to this subsection (b), the municipality shall submit the loan agreement to the comptroller of the treasury, or the comptroller's designee, for approval based upon a review of the financial condition of the electric or gas department, the department's available reserves, the collateral provided to the department, and the terms and conditions of the loan documents; and
    2. The principal amount of any loan made pursuant to this subsection (b) shall not exceed five hundred thousand dollars ($500,000).
  2. For purposes of this section:
    1. “Eligible industrial development corporation” means:
      1. Any industrial development corporation incorporated in the county in which the municipality is located;
      2. Any industrial development corporation formed jointly by the municipality and other municipalities pursuant to § 7-53-104(b); and
      3. Any industrial development corporation that has been identified in an interlocal agreement to which a municipality is a party as the entity that will be responsible for the development or operation of an industrial park or business park; and
    2. “Municipality” shall have the same meaning as in § 7-53-101.

Acts 1993, ch. 197, § 1; 2006, ch. 670, § 1; 2011, ch. 385, §§ 1, 2.

6-54-119. Building safety and other standardized codes incorporated by reference — Citations.

  1. If the legislative body of any municipality or any agency or instrumentality thereof incorporates by reference a building code, safety and health code, or any other standardized code or document, a copy of such code or document shall be obtained and retained as a public record by the respective legislative body, agency or instrumentality.
  2. If any person is cited by the municipal legislative body or any agency or instrumentality thereof as having violated a building code, safety and health code, or any other standardized code or document that has been incorporated by reference pursuant to subsection (a), a notation shall be included in such citation identifying with specificity where a copy of the respective code or document is located and the hours during which such person has the opportunity to read or inspect such code or document.

Acts 1993, ch. 478, § 2.

6-54-120. Municipal clerk certifications.

  1. After July 1, 1998, a municipality that employs an officer or employee responsible for exercising any of the duties of municipal clerk or municipal recorder, as specified in the municipal charter, or any of the duties listed in subdivision (a)(1), shall have one (1) such person obtain certification upon meeting the qualifications for certification established by the secretary of state; provided, that a municipality shall have four (4) years to ensure that any officer or employee responsible for exercising any of the duties of municipal clerk or recorder and who was hired after July 1, 1994, meets those qualifications.
    1. Examples of duties commonly exercised by municipal recorders and clerks include, but are not limited to:
      1. Taking the minutes and keeping a record of business transacted at meetings of the legislative body;
      2. Preserving the minutes in permanent form;
      3. Acting as custodian of and preserving the public records of the city, including original copies of ordinances, minutes of the legislative body, contracts, bonds, title deeds, and other official papers, records and documents; and
      4. Providing copies and certifying copies of official records, papers and documents.
    2. In municipalities where more than one (1) person is responsible for exercising the duties listed in subdivision (a)(1), one (1) person in each municipality shall obtain certification. More than one (1) municipal employee or officer may become certified.
  2. Any person who is licensed to practice law in the state of Tennessee and who satisfies the continuing legal education requirement in Supreme Court Rule 21 is exempt from the certification requirements of this section. Any person who is a certified public accountant holding a certificate as provided in § 62-1-106 or § 62-1-107 is exempt from the certification requirements of this section. Any person who has been appointed or is acting in the capacity of a city manager or administrator and who possesses a Masters of Arts degree in public administration shall also be exempt from the certification requirements of this section. In addition, any person is exempt from initial certification if such person has served as both a city judge and city recorder for at least twenty-five (25) years.
    1. The secretary of state shall establish the qualifications for certification in rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and in consultation with the Tennessee association of municipal clerks and recorders. Certification requires at least one hundred (100) hours of education courses.
    2. The required education hours may include a credit of twenty-five (25) hours for an Associate of Arts or Science degree and a credit of fifty (50) hours for a Bachelor of Arts or Science degree; provided, that such credit is given for only one (1) degree.
    3. In addition, completion of any course approved for continuing education credit may be applied to satisfy the required education hours.
  3. The secretary