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, §§ 6-1-101 — 6-1-103 (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 ed.), §§ 6-117, 6-133, 6-134), concerning mayor—aldermanic charters, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.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, §§ 6-1-101 — 6-1-103 (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 ed.), §§ 6-117, 6-133, 6-134), concerning mayor—aldermanic charters, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.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

6-2-101. 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, §§ 6-2-101 — 6-2-104 (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 ed.), §§ 6-201, 6-213, 6-216; Acts 1982, ch. 715, § 2; 1984, ch. 811, § 1), concerning mayor-aldermanic charters, was repealed and replaced by Acts 1991, ch. 154, § 1, effective July 1, 1991.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).

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, §§ 6-2-101 — 6-2-104 (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, §§ 6-2-101 — 6-2-104 (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, §§ 6-2-101 — 6-2-104 (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

6-4-101. 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

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).

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).

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).

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).

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.

6-20-101. 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.
9. 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.
10. 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.
3. 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.
4. 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.

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.
6. 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).
2. 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).
3. 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

6-21-101. 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.
2. 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).

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

Chapters 24-29
[Reserved]

Modified City Manager-Council Charter

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).

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).

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).

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).

6-31-101. 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.
2. 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

6-32-101. 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

6-34-101. 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

6-35-101. 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

Chapters 37-50
[Reserved]

Municipal Government Generally

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).

6-51-102. Plan of services.

1. [Deleted by 2014 amendment, effective May 16, 2015.]
2. 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.
3. [Deleted by 2014 amendment, effective May 16, 2015.]
4. [Deleted by 2014 amendment, effective May 16, 2015.]
5. 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).

6-51-103. Quo warranto to contest annexation ordinance — Appellate review.

1. 1. 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).
   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.

2. 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.
3. The municipality shall have the burden of proving that an annexation ordinance is reasonable for the overall well-being of the communities involved.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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).

6-51-104. Resolution for annexation by referendum — Notice.

1. 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.]

      2. 1. (a)  Two-thirds (2/3) of the property owners within the territory proposed for annexation consent in writing;
2. The total area of the property owned by the owners consenting to annexation under subdivision (a)(2)(B)(i) is more than one-half (½) of the territory proposed for annexation; and
3. The proposed annexation consists of nine (9) or fewer parcels;
4. 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).

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.

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.

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.

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.
2. 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).
3. 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).
4. 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.
5. 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.

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).

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.
3. 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.
4. 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.
5. 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).

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.

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.

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.
4. 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).

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.
4. 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).

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. 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
   2. 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).

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

6-52-101. 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

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).

6-54-101. 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).

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.

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.
3. 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).

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.

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. 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).
   2. 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.
2. 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.
3. 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.
4. 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. 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.
2. 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. 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.
2. 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.
3. 1. 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.
   2. 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.
4. 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.
5. 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.
6. 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.
7. 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.

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. 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.
2. 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).
3. 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.
3. 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.
4. The secretary of state shall recognize and accept certification from the International Institute of Municipal Clerks as satisfying the certification requirements of this part.
5. To retain certification, a certified officer or employee shall be required to attend a minimum of eighteen (18) hours of continuing education courses every three (3) years.
6. Any courses offered in conjunction with the University of Tennessee municipal technical advisory service and center for government training shall be offered in each grand division of the state.
7. Hours of training may be earned toward certification by using self-teaching computer programs as approved by the secretary of state.
8. This section shall be optional for any municipality having a population of less than one thousand five hundred (1,500), according to the 1990 federal census or any subsequent federal census. Any such municipality may by ordinance require its recorder or clerk, or both, to obtain certification as required by this section.

Acts 1994, ch. 648, § 1; 1996, ch. 625, §§ 1, 2; 1997, ch. 114, § 1; 1998, ch. 589, § 1; 1998, ch. 710, § 1; 2003, ch. 48, § 1.

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

Cross-References. Grand divisions, title 4, ch. 1, part 2.

6-54-121. Development by municipalities for resale prohibited — Exceptions.

1. No municipality shall have, or acquire by private act or amendment to a charter, the power to acquire undeveloped real property for the purpose of development or subdivision into residential lots for resale.
2. Subsection (a) shall not affect any power that a municipality may have by general law or private act to engage in slum clearance or the redevelopment of blighted areas, or the construction or development of subsidized low or moderate income housing under state or federal law.
3. As used in this section “municipality” includes incorporated towns or cities, metropolitan governments, or counties.

Acts 1996, ch. 788, § 1.

Attorney General Opinions. Applicability and legislative history, OAG 98-042, 1998 Tenn. AG LEXIS 42 (2/17/98).

6-54-122. Eminent domain — Notice to counties — Vote by county legislative body — Review.

1. Notwithstanding any other law to the contrary, a municipality, in exercising its powers of eminent domain pursuant to title 29, chapters 16 and 17, or in any other manner provided by law, to condemn unincorporated territory that is located in any county where any part of the municipality was not located prior to May 1, 1995, shall first notify, in writing, the county clerk of the county where the territory proposed to be taken for public use is located. The county clerk shall immediately send a copy of the notice to the county mayor and to the members of the county legislative body. The county legislative body shall approve or disapprove the municipality's proposed action no later than its next regularly scheduled meeting and may hold a special meeting for this purpose. If the county legislative body takes no action or approves the municipality's action, the municipality may proceed with its proposed action. If the county legislative body disapproves the municipality's action, the municipality may not proceed, except as provided in this section. This section shall not apply to any condemnation proceedings for territories that lie within the corporate boundaries of the municipality, nor to any condemnation proceedings in a county where any part of the municipality was located prior to May 1, 1995.
2. A vote of disapproval by the county legislative body shall not be arbitrary or capricious, but shall be based upon its reasonable consideration of the impact of the proposed action upon the county, including, but not limited to, consideration of any materials or evidence that may be presented to it at such meeting by any interested party, including the municipality proposing such action.
3. The action of the county legislative body in connection with the disapproval of any order of any kind may be reviewed by statutory writ of certiorari, with the court examining the action to see if it meets the standard of subsection (b). The municipality shall address the petition of certiorari to the chancery court of the county in which the territory in question is located. The trial of the case shall be expedited by giving it priority over all cases on the trial docket, except workers' compensation cases. If the court finds that the county legislative body's disapproval was arbitrary or capricious, it shall enter an order allowing the municipality to proceed.
4. Immediately upon the grant of the writ of certiorari, the county legislative body making the disapproval shall cause to be made, certified and forwarded to the court a complete transcript of the proceedings before the county legislative body.
5. This section shall be the sole remedy and exclusive method of review of any action that may have been taken by the county legislative body. The Tennessee Rules of Civil Procedure shall be applicable in connection with such review. Any party dissatisfied with the decree of the court may, upon giving bond as required in other cases, appeal, where the cause shall be heard upon the transcript of the records from the chancery court.
6. This section shall not apply to the exercise of the powers of eminent domain by a municipality insofar as such powers are exercised to acquire interests in property to be used directly or indirectly for the benefit of the operations of a municipal utility including, without limitation, electric utility services, gas utility services, water utility services, sewer utility services, storm water management services, telecommunication utility services, and any facility or equipment deemed by the municipal utility to be necessary for the provision of any one (1) or more of the foregoing utility services.
7. This section shall not apply to the exercise of the power of eminent domain by a metropolitan government that:
   1. Is acquiring interests in property to be used directly or indirectly in the provision of utility service or storm water management;
   2. Is undertaking a joint public project that is approved by the county or counties through an interlocal agreement or other contract; or
   3. Undertakes a public project or improvement to be located on property contiguous to the county's boundary, but primarily inside the metropolitan government, and additional land located within the county is needed to satisfy zoning requirements.
8. This section shall not apply to or affect in any way the exercise of the power of eminent domain governed by title 42, chapter 5, affecting county and municipal airports.
9. This section shall not apply to any project jointly sponsored by a municipality and the governing body of the county in which the proposed project is to be located.

Acts 1996, ch. 1052, § 1; 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.

Collateral References.

Construction and application of rule requiring public use for which property is condemned to be “more necessary” or “higher use” than public use to which property is already appropriated—state takings. 49 A.L.R.5th 769.

6-54-123. Personnel policies.

On or before July 1, 1998, any municipality, incorporated before June 13, 1997, that has not adopted a personnel policy by ordinance, resolution, or otherwise, shall adopt such a policy that applies fairly, impartially, and uniformly, to the extent practicable, to each department of the municipal government. The policy may include, but not be limited to, hiring procedures, benefits, personnel rules and regulations, fair and reasonable complaint conferences and hearing procedures for employees dismissed, demoted, or suspended; procedures for compliance with federal laws such as, but not limited to, the Fair Labor Standards Act (29 U.S.C. § 201 et seq.), and the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.); drug and alcohol testing policy; and a sexual harassment policy. The policy may not grant a property right or contract right to the job to any employee. The municipality may work with the University of Tennessee Municipal Technical Advisory Service, in cooperation with the Tennessee Municipal League, in developing its policy. A copy of the resolution or ordinance adopting the policy, or its caption, shall be published in a newspaper of general circulation in the municipality before final adoption of the policy. A copy of the personnel policy as required by this section shall be kept in the office of the city recorder or clerk and made available to an employee on request. Any municipality incorporated after June 13, 1997, shall have two (2) years after incorporation to adopt and implement a personnel policy pursuant to this section.

Acts 1997, ch. 428, § 1.

6-54-124. Community development block grant funds — Payments in lieu of property taxes — Reports of expenditures.

1. A municipality that is the recipient of community development block grant funds shall make a report concerning the expenditure of such funds. The municipality shall place a copy of such report in the main branch of the public library located within the boundaries of the municipality. A municipality that permits access to public information through the Internet may also place such report on the municipality's homepage.
2. A municipality or an industrial development corporation formed by such municipality that is a party to an agreement that involves a payment in lieu of property taxes shall make a report concerning such agreement and the expenditure of such funds. The municipality shall place a copy of such report in the main branch of the public library located within the boundaries of the municipality. A municipality that permits access to public information through the Internet may also place such report on the municipality's homepage.

Acts 1997, ch. 447, § 1.

6-54-125. Municipal officials and employees prohibited from purchasing surplus property, except at public auction — Penalty.

1. It is unlawful for any municipal official or employee to purchase from the municipality any property declared to be surplus by the municipality, except by bid at public auction during the tenure of such person's office or employment, or for six (6) months thereafter.
2. A purchaser who violates this section commits a Class A misdemeanor.

Acts 1998, ch. 1043, § 3.

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

6-54-126. Zoning limitations on agricultural land.

For any land that is used for agricultural purposes as of May 10, 1998, a municipality may not use its zoning power to interfere in any way with the use of such land for agricultural purposes as long as the land is used for agricultural purposes.

Acts 1998, ch. 1101, § 22; 1999, ch. 235, § 1.

Compiler's Notes. Acts 1998, ch. 1101, as enacted, first carried the text of this section as uncodified legislation. The section was later codified by Acts 1999, ch. 235.

Attorney General Opinions. Ability of municipalities to charge a fee for building permits for agricultural land.  OAG 10-12, 2010 Tenn. AG LEXIS 12 (1/28/10).

6-54-127. Graffiti removal — Funds and manpower.

1. For the purpose of promoting the public safety, health, welfare, convenience and enjoyment, to protect the public investment in public property, and to preserve and enhance the scenic beauty of property visible from publicly owned property, the general assembly hereby finds and declares that graffiti constitutes a public nuisance that may be abated in accordance with this section, or by civil actions or suits brought in the circuit or chancery courts as provided by the general law. The authority provided in this section is permissive and not mandatory and may be exercised by a municipality in accordance with this section upon the adoption of an ordinance.
2. As used in this section, unless the context otherwise requires:
   1. “Advertising” means any letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind lawfully placed on property by an owner or tenant of the property, or an agent of such owner or tenant, for the purpose of promoting products or services or conveying information to the public;
   2. “Graffiti” means, without limitation, any letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind visible to the public that is drawn, painted, chiseled, scratched or etched on a rock, tree, wall, bridge, fence, gate, building or other structure; provided, this definition shall not include advertising or any other letter, word, name, number, symbol, slogan, message, drawing, picture, writing, or other mark of any kind lawfully placed on property by an owner of the property, a tenant of the property, by an authorized agent for such owner or tenant, or unless otherwise approved by the owner or tenant;
   3. “Municipality,” includes incorporated cities and towns and metropolitan governments;
   4. “Publicly owned property” means the property owned or controlled by a federal, state or local governmental entity, including, but not limited to, public parks, streets, roads and sidewalks; and
   5. “Tenant” means any person shown by the records of the register of deed's office as a lessee of property, or any person lawfully in actual physical possession of property.
3. Any municipality may use municipal funds to remove graffiti or other inscribed material from publicly owned real or personal property or privately owned real or personal property visible from publicly owned property and located within the municipality and to replace or repair publicly owned property or privately owned property visible from publicly owned property within that municipality that has been defaced with graffiti or other inscribed material.
4. The municipality shall be authorized to remove the graffiti or other inscribed material, or, if the graffiti or other inscribed material cannot be removed cost-effectively, to repair or replace that portion of the property that was defaced, but not the painting, repair, or replacement of other parts of the property that were not defaced by graffiti, and may designate by ordinance an administrative officer or administrative body to perform the functions set forth in this section.
5. 1. The removal, repair, or replacement may be performed, in the case of publicly owned real or personal property, only after securing the consent of the public entity having jurisdiction over the property.
   2. In the case of privately owned real or personal property visible from publicly owned property, the removal, repair, or replacement may be performed after the property owner and the tenant, if any, give their written consent to the municipality authorizing removal of the graffiti.
6. The municipality may also use municipal funds for anti-graffiti education, operate a “hot line” for the purpose of receiving reports of unlawful application of graffiti on public or private property, and operate a program of financial reward, not to exceed one thousand dollars ($1,000), for information leading to the arrest and conviction of any person who unlawfully applies graffiti to any public property or private property visible from the public right-of-way.
7. Removal of graffiti by a municipality pursuant to this section shall be performed at the sole expense of the municipality. In removing the graffiti, the municipality shall consult with the property owner or tenant and arrive at a method of removal that does not result in further damage or harm to the property. If the municipality and the property owner or tenant are unable to agree on a method of removal, the municipality shall not remove the graffiti. In removing the graffiti, the municipality shall restore the property as nearly as possible to the condition as it existed immediately prior to the graffiti being placed on the property. Nothing in this section shall be construed to impair or limit the power of the municipality to define and declare nuisances and to cause their removal or abatement under any procedure now provided by law for the abatement of any public nuisances.
8. In removing, repairing or replacing the real or personal property pursuant to this section, the municipality or county may use the services of persons ordered to perform those services by a general sessions, criminal or juvenile court.
9. The municipality and its officers, employees, agents, volunteers and persons ordered to perform nuisance removal by a general sessions, criminal or juvenile court shall not be liable for any damages or loss of property:
   1. Due to the removal of graffiti performed pursuant to this section;
   2. Due to the repair or replacement of the property performed pursuant to this section; or
   3. Due to the failure by the municipality to remove, repair or replace property defaced by graffiti pursuant to this section.

Acts 1999, ch. 347, § 1.

Attorney General Opinions. A metropolitan government has the authority to enact an ordinance as part of its building code that prohibits persons from placing graffiti on building exteriors and that requires property owners to remove graffiti from their buildings and, within constitutional limitations, to limit the style of painting that a property owner can have on the exterior of a building, OAG 01-137, 2001 Tenn. AG LEXIS 144 (9/4/01).

Performing graffiti removal as community service.  OAG 14-02, 2014 Tenn. AG LEXIS 2 (1/7/14).

6-54-128. Criminal records of vehicle operators transporting the public — Costs of investigation.

1. In counties having a population in excess of one hundred thousand (100,000), according to the 2000 federal census or any subsequent federal census, it is hereby declared that access to criminal conviction histories by municipalities that choose to license and regulate persons operating vehicles for hire, or choose to employ persons to transport members of the public, and further choose to disqualify an applicant for a license or a permit, or refuse to hire a person because of a conviction for any specified criminal offense serves a law enforcement purpose. Municipalities that choose to license and regulate persons operating vehicles for hire, or choose to employ persons to transport members of the public, and further choose to disqualify an applicant for a license or a permit, or refuse to hire a person because of a conviction for any specified criminal offense shall require that all applicants for a license or permit to operate a vehicle for hire or employ persons to transport citizens submit a full set of fingerprints and undergo a criminal conviction records investigation through the political subdivision, the Tennessee bureau of investigation or the federal bureau of investigation in accordance with subsection (b).
2. Upon receipt of an application, the municipality shall:
   1. Conduct a criminal conviction record investigation through computer terminals or other means of access to criminal convictions maintained by the municipality, the Tennessee bureau of investigation and the federal bureau of investigation; and
   2. Forward the applicant's fingerprints to the Tennessee bureau of investigation, which shall verify the identity of the applicant and conduct a criminal conviction record investigation and forward the results of that investigation to the requesting entity.
3. If no disqualifying record is identified at the political subdivision or state level, the Tennessee bureau of investigation shall forward the fingerprints to the federal bureau of investigation for verification of the applicant's identity and the federal bureau of investigation shall conduct a criminal conviction record investigation using the fingerprints.
4. The results of criminal conviction record investigations shall be used for the limited purpose of determining the suitability of the applicant for issuance of the license or permit or the suitability of the person for employment with the municipality.
5. Fingerprints shall be submitted on authorized fingerprint cards or by electronic, machine-readable data, or other suitable technological means.
6. Any cost incurred in conducting such criminal conviction records investigations shall be paid by the governmental entity making the request. Governmental entities may include such cost as part of any fee charged for the processing of the applicant's license or permit.

Acts 1999, ch. 447, §§ 1, 2; 2003, ch. 211, § 1.

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

6-54-129. Requirements prior to employment with municipality.

1. Prior to employment with a municipality, the municipality may require all persons to:
   1. Agree to the release of all investigative records to the municipality for the purpose of verifying the accuracy of criminal violation information contained on an employment application; and
   2. Supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation. In addition, to the extent permitted by federal law, and at the discretion of the municipality, a check of such prints may be made against records maintained by the federal bureau of investigation.
2. Any costs incurred by the Tennessee bureau of investigation or the federal bureau of investigation, as appropriate, in conducting such investigations of applicants shall be paid by the municipality requesting such investigation and information; provided, that the municipality may require an applicant to pay such costs if the applicant is offered and accepts a position with such municipality. Payment of such costs is to be made in accordance with § 38-6-103.
3. A municipality may establish the job titles or classifications to which the requirements of this section apply; provided, however, that such classifications shall not supersede any mandatory fingerprint-based criminal history background requirements that may be applicable for any person who is seeking employment in a position in any program subject to licensure, approval or certification by any state agency.

Acts 2000, ch. 693, § 1.

Cross-References. Requirements prior to employment with county, § 5-1-126.

6-54-130. Amateur radio service.

1. A municipality, including a city and lesser incorporated area, or a county may not enact or enforce an ordinance that does not comply with the ruling of the federal communications commission in “In the Matter of Federal preemption of state and local regulations pertaining to Amateur radio facilities,” 101 FCC 2nd 952 (1985), or a regulation related to amateur radio service adopted under 47 CFR chapter I, subchapter D, part 97.
2. If a municipality adopts an ordinance involving the placement, screening or height of an amateur antenna based on health, safety, or aesthetic conditions, the ordinance shall:
   1. Reasonably accommodate amateur radio communications; and
   2. Represent the minimal practicable regulation to accomplish the municipality's or county's purpose.

Acts 2003, ch. 63, § 1.

6-54-131. [Repealed.]

Acts 2003, ch. 113, § 1; repealed by Acts 2019, ch. 420, § 1, effective May 21, 2019.

Compiler's Notes. Former § 6-54-131 concerned restrictions on creation of municipal courts with concurrent general sessions court jurisdiction.

6-54-132. Wheel immobilizers.

Municipalities shall be authorized to regulate the commercial use of wheel immobilizers to disable vehicles.

Acts 2008, ch. 722, § 1.

Code Commission Notes.

Acts 2008, ch. 722, § 1 purported to add a new section as § 6-54-1001. The section was redesignated as § 6-54-132 by the code commission.

Acts 2008, ch. 1049, § 1 purported to add a new section as § 6-54-132. Since Acts 2008, ch. 722, § 1 added § 6-54-132, Acts 2008, ch. 1049, § 1 was added as § 6-54-133.

6-54-133. Design review commission — Authority — Members — Appeal of decisions.

Any municipality may create a design review commission (DRC) having the authority to develop general guidelines for the exterior appearance of nonresidential property, multiple family residential property, and any entrance to a nonresidential development within the municipality. The municipal governing body may designate the planning commission as the DRC. When the municipality creates a separate DRC, the mayor shall appoint the members of the DRC from residents of the municipality and shall strive to ensure that the membership is representative of the municipality as a whole, including, if possible, members with either architectural or engineering knowledge, or any other person having experience in nonresidential building. Any property owner affected by the guidelines may appeal a decision of the DRC to the municipality's planning commission or, if there is no planning commission or if the municipality has designated the planning commission as the DRC, to the municipality's governing body.

Acts 2008, ch. 1049, § 1.

Code Commission Notes.

Acts 2008, ch. 1049, § 1 purported to add a new section as § 6-54-132. Since Acts 2008, ch. 722, § 1 added § 6-54-132, Acts 2008, ch. 1049, § 1 was added as § 6-54-133.

6-54-134. Sale of surplus property by public auction includes sale by Internet auction.

When a municipality is required by any law to sell surplus property by public auction, “public auction” includes the sale by Internet auction.

Acts 2009, ch. 173, § 4.

Compiler's Notes. Acts 2009, ch. 508, § 1-3 purported to add a new section concerning allowing pet dogs in outdoor dining areas at restaurants as § 6-54-134. Since Acts 2009, ch. 173, § 4 added § 6-54-134, ch. 508 was added as § 6-54-135.

6-54-135. Allowing pet dogs in outdoor dining areas at restaurants.

1. For purposes of this section, “pet dog” means a dog other than a service or guide dog assisting a handicapped person.
2. Notwithstanding any other prohibition to the contrary, certain jurisdictions, as provided in subsection (c), may, by ordinance or resolution, authorize the presence of pet dogs in outdoor dining areas of restaurants, if the ordinance provides for adequate controls to ensure compliance with the Tennessee Food, Drug and Cosmetic Act, compiled in title 53, chapter 1, and any other applicable statutes and ordinances. An ordinance enacted under this section shall provide for a permitting process to authorize individual restaurants to permit dogs as provided in this section and to charge applicants and authorized restaurants a reasonable permit fee as the ordinance may establish. Additionally, the ordinance shall provide that:
   1. No pet dog shall be present in the interior of any restaurant or in any area where food is prepared;
   2. The restaurant shall have the right to refuse to serve the owner of a pet dog if the owner fails to exercise reasonable control over the pet dog or the pet dog is otherwise behaving in a manner that compromises or threatens to compromise the health or safety of any person present in the restaurant;
   3. All public food service establishment employees shall wash their hands promptly after touching, petting or otherwise handling a pet dog. Employees shall be prohibited from touching, petting or otherwise handling pet dogs while serving food or beverages or handling tableware or before entering other parts of the public food service establishment;
   4. Employees and patrons shall be instructed that they shall not allow pet dogs to come into contact with serving dishes, utensils, tableware, linens, paper products or any other items involved in food service operations;
   5. Patrons shall keep their pet dogs on a leash at all times and keep their pet dogs under reasonable control;
   6. Pet dogs shall not be allowed on chairs, tables or other furnishings;
   7. Accidents involving pet dog waste shall be cleaned immediately and the area sanitized with an approved product. A kit with the appropriate materials for this purpose shall be kept near the designated outdoor area;
   8. A sign or signs reminding employees and patrons of the applicable rules shall be posted on the premises in a manner and place as determined by the local permitting authority; and
   9. Pet dogs shall not be permitted to travel through indoor or nondesignated portions of the public food service establishment, and ingress and egress to the designated outdoor portions of the public food establishment shall not require entrance into or passage through any indoor area of the food establishment.
3. 1. This section shall apply in a municipality with a population of at least one hundred thousand (100,000), according to the 2000 federal census or any subsequent census.
   2. This section shall also apply in a county with a population of at least one hundred thousand (100,000), according to the 2000 federal census or any subsequent census.
   3. This section shall also apply in counties having a population, according to the 2000 federal census or any subsequent census, of:

      not less than  nor more than

      5,500 5,600

      11,369 11,450

      14,300 14,400

      16,600 16,700

      38,200 38,300

      39,200 39,300

      48,000 48,100

      56,700 56,800

      71,100 71,200

      105,800 105,900

Acts 2009, ch. 508, §§ 1-3.

Code Commission Notes.

On May 7, 2009, the senate adopted an amendment that included counties with a population of not less than 12,300 nor more than 12,368 to the counties to which this section applies pursuant to subdivision (c)(3). On June 11, 2009, the house of representatives adopted an amendment that would have added a new subsection to this section, under which the section would not apply to any county having a population of not less than 12,300 nor more than 12,368. The senate concurred in that amendment on June 12, 2009. Because the house of representatives amendment removed the authorization for counties within that population range added by the senate amendment, and the senate concurred in that action, no language regarding such counties was codified.

Compiler's Notes. Acts 2009, ch. 508, §§ 1-3 purported to add this section as § 6-54-134. Acts 2008, ch. 173,  § 4 added § 6-54-134; therefore, the code commission added this section as § 6-54-135.

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

6-54-136. Archives and record management fee.

1. Any city or town may establish and collect, through all entities creating public records, except for the office of the county register, an archives and record management fee not to exceed five dollars ($5.00) per record filed.
2. Any city or town may establish and collect through the clerks of court, an archives and record management fee not to exceed five dollars ($5.00) per public record for the purpose of initiating a legal proceeding.
3. Funds collected though these fees must be designated exclusively for duplicating, storing and maintaining any records required by law to be permanently kept.

Acts 2009, ch. 520, § 3; 2010, ch. 1101, § 2.

6-54-137. Protection from infringement of name of municipality and any visual images adopted by municipality.

1. Any municipality has the exclusive right to use:
   1. The full corporate name of the municipality as stated in the municipality's charter or as otherwise officially adopted by the municipality; and
   2. Any seal, insignia, flag, coat of arms, emblem, sign, logo or other visual image that has been formally adopted by the municipality.
2. A municipality may file a civil action against a party who, without the consent of the municipality, uses:
   1. Any visual image described in subdivision (a)(2) for the purpose of trade or commerce, to induce the sale of any goods or services, or to promote any public exhibition, performance, competition or similar activity; or
   2. The name of the municipality as described in subdivision (a)(1), any visual image described in subdivision (a)(2), or any words, combination of words or visual representation tending to cause confusion or mistake, to deceive, or to falsely suggest a connection with or endorsement by the municipality. Notwithstanding the foregoing, a variation of the name of the municipality may be used by any organization composed of employees of the municipality.
3. 1. In the event that the actions of any person give rise to a cause of action pursuant to subsection (b), the municipality may seek to enjoin the manufacture, use, display or sale of a protected name or image, and any court of competent jurisdiction may grant an injunction to restrain such manufacture, use, display or sale as such court may deem just and reasonable. Upon finding that a defendant has violated a municipality's exclusive rights of use pursuant to this section, the court may order that the defendant pay to such municipality all profits derived from the unauthorized manufacture, use, display or sale and all damages suffered by reason of such acts. If the court finds that the defendant's acts constitute a willful or knowing violation, or that the defendant otherwise acted in bad faith, the court, in its discretion, may enter judgment in favor of the municipality in an amount not to exceed three (3) times the amount of the defendant's profits and the municipality's damages, plus reasonable attorneys' fees.
   2. The enumeration of any right or remedy in this section shall not affect a municipality's right to prosecute an offender under any other law of this state.
4. Any municipal mayor or mayor's designee may authorize, in writing, contributors, suppliers of goods and services, or other third parties to use the name of the municipality as described in subdivision (a)(1) or a visual image as described in subdivision (a)(2); provided, that such authorization shall not be granted or denied in an arbitrary or capricious manner.
5. Notwithstanding this section to the contrary, any business entity or civic organization that was using the corporate or officially adopted name of any municipality in such entity's or organization's own name immediately prior to July 1, 2010, shall be permitted to continue such use whether or not the municipality that claims an exclusive right to use such name consents to the use of such name by the entity or organization so long as the entity or organization maintains its legal existence and the use of such name by the entity or organization is continuous.
6. Nothing contained in this section shall be construed to prohibit any elected municipal official from using the name or visual image of the municipality in the performance of such official's duties.

Acts 2010, ch. 847, § 1.

6-54-138. Changing the date by ordinance of municipal elections to coincide with general election.

1. Notwithstanding any private act of a municipality to the contrary, the legislative body of a municipality 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 legislative body of the municipality necessary to meet the election date, but no term may be extended for more than two (2) years beyond its regular expiration date. If an action is taken pursuant to this subsection (a), the presiding officer of the legislative body shall file a certified copy of the ordinance with the state coordinator of elections.
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 legislative body of a municipality changes the date of municipal elections pursuant to subsection (a), the legislative body 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 legislative body may only make a change under this subsection (c) one (1) time. Terms of incumbent members of the legislative body 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 of the legislative body. 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 2010, ch. 1008, § 4.

6-54-139. Action or proceeding to set aside the charter of municipality or to challenge the legality of the municipality's existence.

1. If a municipality:
   1. Contains the minimum number of persons as actual residents of the municipality required pursuant to the general law charter under which it incorporates;
   2. Has continuously functioned as a municipality pursuant to its charter since its incorporation; and
   3. Has levied a municipal property tax,

      then any action or proceeding in any court to set aside the charter of such municipality or to otherwise challenge the legality of the municipality's existence as a political subdivision of this state must be commenced within ten (10) years of the date the municipality was first incorporated.

2. This section shall apply to any municipality meeting the requirements of this section incorporated prior to or on or after June 10, 2011.
3. With respect to any municipality which meets the requirements of this section, whether in existence ten (10) or more years on June 10, 2011, or after June 10, 2011, the adoption of the charter, the incorporation of territory as a municipality pursuant to the general laws of this state and the election of officials of such municipality are hereby ratified and validated in all respects; and no flaw or defect or failure to comply with any requirement of incorporation shall invalidate the territory's status as an incorporated municipality or invalidate any ordinance passed by the governing body of the municipality.

Acts 2011, ch. 453, § 10.

6-54-140. Authority for municipal governments to display historic documents on public buildings and grounds.

Each city and town is authorized to display, in municipal public buildings and on municipal public grounds, replicas of historical documents, including, but not limited to, the Ten Commandments, Magna Carta, Mayflower Compact, Declaration of Independence, United States Constitution, Bill of Rights, Constitution of Tennessee, and other such historically significant documents in the form of statues, monuments, memorials, tablets, or any other display that respects the dignity and solemnity of such documents.

Acts 2012, ch. 686, § 2.

Code Commission Notes.

Acts 2012, ch. 1088, § 2 purported to enact a new § 6-54-140. Section 6-54-140 was previously enacted by Acts 2012, ch. 686, § 2; therefore, the enactment by Acts 2012 ch. 1088, § 2 was designated as § 6-54-141 by authority of the code commission.

Compiler's Notes. For the preamble to the act authorizing local governments to display historic documents, please refer to Acts 2012, ch. 686.

6-54-141. Fees to be adjudged as part of costs — Disbursement of fees.

1. As provided in § 38-6-103, the following fees shall be adjudged as a part of the costs in each case upon conviction of the following offenses:
   1. Controlled substances, narcotics, drugs  $ 20.00
   2. Driving a motor vehicle, or operating a boat while under the influence of intoxicants and/or drugs, except as provided in § 55-10-413(d)  17.50
   3. Certification of criminal histories and records  Amount fixed by the   federal bureau of investigation
   4. Upon the forfeiture of a cash bond or other surety entered as a result of a municipal traffic citation, whether considered a fine, a bond or   a tax  13.75
2. Such fees shall be in addition to and not in substitution for any and all fines and penalties otherwise provided for by law.
3. Except when and as provided in this section, the appropriate clerk, after deducting five percent (5%) as compensation when applicable, shall identify those fees set out in subsection (a) that are dedicated for use by the Tennessee bureau of investigation and remit the fees to the state treasury to be expended by the Tennessee bureau of investigation as appropriated by the general assembly. These fees shall be transmitted by the clerk of the court to the state treasurer for deposit in a fund to be used by the Tennessee bureau of investigation for the purpose of employing personnel; for the purchase of equipment and supplies; to pay for the education, training and scientific development of employees; or for any other purpose to allow the bureau’s business to be done in a more efficient and expeditious manner. The moneys received in the fund shall be invested for the benefit of the fund by the state treasurer pursuant to § 9-4-603. Amounts in the fund shall not revert to the general fund of the state, but shall, together with interest income credited to the fund, remain available for expenditure in subsequent fiscal years.
4. Upon approval of the director of the Tennessee bureau of investigation, local governing bodies which have the responsibility for providing funding for sheriffs' offices and police departments are authorized to purchase from state contracts approved for bureau purchases, scientific instruments designed to examine a person's breath and measure the alcohol content of a person's breath, for use as evidence in the trial of cases; provided, that prior to use of the scientific instruments, such instruments must be delivered to the forensic services division for testing and certification pursuant to § 38-6-103(g). The bureau shall continue to maintain and certify the instruments and operating personnel, pursuant to § 38-6-103(g), and furnish expert testimony in support of the use of the scientific instruments when required.

Acts 2012, ch. 1088, § 2; 2013, ch. 154, § 27.

Code Commission Notes.

Acts 2012, ch. 1088, § 2 purported to enact a new section § 6-54-140. Section 6-54-140 was previously enacted by Acts 2012, ch. 686, § 2; therefore, the enactment by Acts 2012, ch. 1088, § 2 was designated as § 6-54-141 by authority of the code commission.

6-54-142. Contracts and agreements of economic and community development program as public record.

1. Except as otherwise provided in this section, any contract or agreement, together with all supporting records and documentation, that obligates public funds as part of a municipality's economic and community development program to assist new and existing businesses and industries in locating or expanding in the municipality is a public record subject to title 10, chapter 7, part 5, and open for public inspection as of the date such contract or agreement is made available to members of the governing body. A governing body shall publicly disclose the proposed contract or agreement in a manner that would adequately notify and fairly inform the public of the proposed contract or agreement before voting on the proposal.
2. This section does not apply to trade secrets received or maintained by a municipality. All such trade secrets are confidential.
3. This section does not apply to company documents or records containing marketing information or capital plans that are provided to a municipality with the understanding that they are confidential. Any such document or record is confidential until such time as the provider thereof no longer requires its confidentiality.
4. As used in this section:
   1. “Capital plans” means plans, feasibility studies, and similar research and information that will contribute to the identification of future business sites and capital investments;
   2. “Marketing information” means marketing studies, marketing analyses, and similar research and information designed to identify potential customers and business relationships; and
   3. “Trade secrets” means manufacturing processes, materials used in manufacturing processes, and costs associated with the manufacturing process of a person or company submitting information to a municipality relating to an opportunity to contract with the municipality.

Acts 2017, ch. 421, § 2.

Effective Dates. Acts 2017, ch. 421, § 3. May 18, 2017.

6-54-143. Attendance of meetings by service members through use of two-way electronic audio-video communication.

1. By passage of an ordinance, by a two-thirds (2/3) vote, a municipal legislative body may allow a service member who is deployed for thirteen (13) months or less while serving as a member of the municipal legislative body to attend sessions of the body through the use of two-way electronic audio-video communication during the deployment. Attendance by the use of two-way electronic audio-video communication does not prevent the service member from being allowed to vote or drawing pay for attendance. Only one (1) service member at a time may attend and vote in sessions of the body as provided in this subsection (a).
2. As used in this section, “service member” means a member of the following:
   1. The active and reserve components of the army, navy, air force, marine corps, or coast guard of the United States;
   2. The United States merchant marine;
   3. The commissioned corps of the United States public health service;
   4. The commissioned corps of the national oceanic and atmospheric administration of the United States; or
   5. The national guard of this state.

Acts 2018, ch. 604, § 1.

Effective Dates. Acts 2018, ch. 604, § 2. March 23, 2018.

6-54-144. Ordinance prohibiting or restricting display of flag prohibited — Ordinance regulating manner or placement of flag.

1. As used in this section, “municipality” means any incorporated town, city, or metropolitan government.
2. Except as provided in subsection (c), a municipality shall not adopt or enforce an ordinance that prohibits or restricts, or has the effect of prohibiting or restricting, a property owner from displaying a flag of the United States of America, a flag of the state of Tennessee, the MIA/POW flag, or an official or replica flag of any branch of the United States armed forces on the property owner's property.
3. A municipality may adopt and enforce an ordinance that reasonably regulates the manner and placement of the display of a flag of the United States of America, a flag of the state of Tennessee, the MIA/POW flag, or an official or replica flag of any branch of the United States armed forces only when necessary to promote public health and safety.

Acts 2018, ch. 857, § 3.

Compiler's Notes. For the Preamble to the act concerning local government restrictions on flag displays, please see Acts 2018, ch. 857.

Effective Dates. Acts 2018, ch. 857, § 2. May 3, 2018.

6-54-145. Stopping Addiction and Fostering Excellence (SAFE) Act.

1. As used in this section:
   1. “Municipality” means an incorporated city or town, or a county with a metropolitan form of government; and
   2. 1. “Sober living home” means any home classified as a “single family residence” under § 13-24-102 that provides alcohol-free or drug-free housing, promotes independent living, life skill development, and reintegration, and provides structured activities that are directed primarily toward a group of unrelated individuals who are recovering from drug or alcohol addiction and who may be receiving outpatient healthcare services for substance abuse or addiction treatment while living in the home;
      2. “Sober living home” does not mean:
         1. A home that is chartered by a 501(c)(3) nonprofit organization that:
            1. Serves as an umbrella organization and organizes homes into chapters; and
            2. Is governed by a council and board of directors that maintain the sole right to charter, and revoke the charter of, a home;
         2. A home that is an affiliate of a 501(c)(3) nonprofit organization located in this state that:
            1. Pre-screens new affiliates;
            2. Requires affiliates to adhere to a code of ethics; and
            3. Requires affiliates to make an annual contribution based on the number of recovery residences; or
         3. A home or facility that is licensed or funded by the department of mental health and substance abuse services.
2. A municipality may adopt an ordinance requiring each sober living home to display in a prominent place within the sober living home, a sign at least eleven inches (11") in height and seventeen inches (17") in width stating:

   NOTICE: THIS IS A SOBER LIVING HOME THAT PROVIDES HOUSING TO MEN AND/OR WOMEN WHO DO NOT REQUIRE MORE STRUCTURED TREATMENT ENVIRONMENTS. THIS HOME PROMOTES INDEPENDENT LIVING, LIFE SKILL DEVELOPMENT, AND REINTEGRATION. THIS HOME IS DESIGNED TO ASSIST MEN AND/OR WOMEN TO RECOVER FROM DRUG OR ALCOHOL ADDICTION. THIS HOME IS NOT LICENSED OR FUNDED BY THE TENNESSEE DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES  AS IT IS PRIVATELY FUNDED AND DOES NOT PROVIDE TREATMENT SERVICES.

   IF YOU ARE IN NEED OF TREATMENT SERVICES, PLEASE CALL THE TENNESSEE REDLINE AT 1-800-889-9789.

   IF YOU WOULD LIKE ADDITIONAL INFORMATION REGARDING ADDITIONAL SUBSTANCE ABUSE SERVICES AND RESOURCES, INCLUDING SOBER LIVING OPTIONS, PLEASE VISIT THE TENNESSEE DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES WEBSITE AT https://www.tn.gov/behavioral-health.html. THIS IS A NOTICE POSTED PURSUANT TO [MUNICIPALITY CODE REFERENCE].

3. A municipality shall display in the city hall or other building which houses the municipality's seat of local government, a sign at least eleven inches (11") in height and seventeen inches (17") in width stating:

   PURSUANT TO TENNESSEE CODE ANNOTATED § 33-2-405, IT IS UNLAWFUL FOR A PERSON, PARTNERSHIP, ASSOCIATION, OR CORPORATION TO OWN OR OPERATE A SERVICE OR FACILITY THAT PROVIDES ALCOHOL AND DRUG ABUSE PREVENTION AND/OR TREATMENT WITHIN THE MEANING OF TITLE 33 OF THE TENNESSEE CODE ANNOTATED WITHOUT HAVING OBTAINED A LICENSE. A VIOLATION OF THIS REQUIREMENT IS A CLASS B MISDEMEANOR. EACH DAY OF OPERATION WITHOUT A LICENSE CONSTITUTES A SEPARATE OFFENSE. REPORT ANY SUSPECTED UNLICENSED ALCOHOL AND DRUG ABUSE PREVENTION AND/OR TREATMENT SERVICES TO THE TENNESSEE DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES' OFFICE OF LICENSURE BY DIALING [WEST TENNESSEE LICENSURE OFFICE PHONE NUMBER; MIDDLE TENNESSEE LICENSURE OFFICE PHONE NUMBER; OR EAST TENNESSEE LICENSURE OFFICE PHONE NUMBER, AS APPLICABLE TO THE LOCATION OF THE MUNICIPALITY].

4. If a municipality maintains a website, the notice required under subsection (c) must be placed prominently on the municipality's website.
5. A municipality may adopt an ordinance encouraging sober living homes to:
   1. Become chartered by an organization described under (a)(2)(B)(i); or
   2. Comply with the requirements for recovery residences prescribed by an organization described under subdivision (a)(2)(B)(ii).
6. Any ordinance adopted under this section must comply with the Fair Housing Act, 42 U.S.C. § 3601 et seq., and the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.

Acts 2018, ch. 879, § 2.

Compiler's Notes. Acts 2018, ch. 879, § 1 provided that the act, which enacted this section, shall be known and may be cited as the “Stopping Addiction and Fostering Excellence (SAFE) Act.”

Effective Dates. Acts 2018, ch. 879, § 3. July 1, 2018.

6-54-146. Prohibited regulation of business of person under 18 years of age.

1. As used in this section:
   1. “Business” means any enterprise carried on for the purpose of gain or economic profit; and
   2. “Gross receipts”:
      1. Means all receipts from whatever sources derived before any deductions; and
      2. Does not include tips, gratuities, or other amounts customarily assumed to be intended for the person who has served the customer or client.
2. Notwithstanding any law to the contrary, a municipality shall not require a license, permit, or any other form of regulation for a business that:
   1. Is operated solely by a person or persons under eighteen (18) years of age;
   2. Is located on private property with the permission of the property owner; and
   3. Generates gross receipts of three thousand dollars ($3,000) or less in a calendar year.

Acts 2019, ch. 210, § 2.

Effective Dates. Acts 2019, ch. 210, § 3. July 1, 2019.

Part 2
Advertising

6-55-101. Collection and payment of taxes.

1. The collector of every municipal corporation shall collect and pay over to the treasurer, on the first Monday of January and July, each year, all taxes, fines, and forfeitures due and owing to the same; and, on failure, shall be liable for the amount of such collector's delinquency, with costs, on motion before the circuit court.
2. Notwithstanding any charter provision to the contrary, the powers of the county trustee of any county having a metropolitan form of government and a population of over four hundred fifty thousand (450,000), according to the 1990 federal census or any subsequent federal census, shall include the power to collect real and personal property taxes or tax equivalents and all merchants' ad valorem taxes that have been delinquent for more than six (6) months as well as any interest and penalties thereon, if such power is given to the county trustee by ordinance of the legislative body of such a county.

Code 1858, § 1382 (deriv. Acts 1849-1850, ch. 17, § 7); Shan., § 1972; mod. Code 1932, § 3379; modified; T.C.A. (orig. ed.), § 6-702; Acts 1996, ch. 689, § 1.

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

Cross-References. Action against collector, title 67, ch. 1, part 16.

Certification and collection of delinquent municipal real property taxes, § 67-5-2005.

Financing for state emergency management agency, § 58-2-109.

Local Option Revenue Act, title 67, ch. 6, part 7.

Penalties and interest on delinquent taxes, title 67, ch. 1, part 8.

Recreational purposes, tax levy authorized, §§ 11-24-108, 11-24-109.

School tax, title 49, ch. 2, part 4.

Taxation by municipality, § 67-5-103.

Veterans' memorials, bonds and taxes for, §§ 58-4-206 — 58-4-208.

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Municipal Corporations, § 88.

6-55-102. Privilege taxes.

Each municipality is empowered to levy privilege taxes upon merchants and such other vocations, occupations, or businesses as are declared to be privileges, not exceeding in amount that levied by the state for state purposes.

Acts 1915, ch. 101, § 2; Shan., § 1916a1; Code 1932, § 3329; modified; T.C.A. (orig. ed.), § 6-709.

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

Textbooks. Tennessee Jurisprudence, 4 Tenn. Juris., Automobiles, § 26; 17 Tenn. Juris., Licenses, § 5.

Collateral References.

Liability of municipality in damages for its refusal to grant permit, license, or franchise. 37 A.L.R.2d 694.

Part 2
Nonpayment of Real Estate Tax

6-56-101. Biennial audit required.

1. It is the duty of the governing board of every municipal corporation to have a thorough audit of the financial affairs of the corporation, including all receipts from every source and every expenditure or disbursement of the money of the corporation, made by a disinterested person skilled in such work, as often as every two (2) years.
2. Each audit shall cover the period extending back to the date of the last preceding audit.
3. The cost of each audit shall be paid out of the funds of the municipality, and a sufficient sum shall be appropriated by the board for that purpose.

Acts 1917, ch. 64, § 1; Shan. Supp., § 1947a1; mod. Code 1932, § 3501; T.C.A. (orig. ed.), § 6-801.

Cross-References. Audit of subordinate agencies, § 6-56-105.

Powers of department of audit and its local finance division, §§ 4-3-304, 4-3-305.

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., 19 Municipal Corporations, § 88.

6-56-102. Responsibility of municipal officers for audit.

The duties placed upon the board in § 6-56-101 shall devolve upon the officers of every municipal corporation having power to provide and enact ordinances for the corporation.

Acts 1917, ch. 64, § 2; Shan. Supp., § 1947a2; mod. Code 1932, § 3502; T.C.A. (orig. ed.), § 6-802.

6-56-103. Taxpayers compelling audit.

If two (2) years lapse without the audit provided for in §§ 6-56-101 and 6-56-102 being made, any ten (10) persons over eighteen (18) years of age, who have paid taxes to such municipal corporation during the two-year period for which no audit has been made, may file a written demand for such an audit with the mayor, and if the audit is not commenced within fifteen (15) days after the filing of such demand, the ten (10) persons may file their bill in the chancery court against the corporation, and officers of the corporation charged with the duty of causing the audit to be made. Upon proof of their failure to provide for the audit and the demand therefor by the complainants, the chancellor shall decree that the audit be made, and shall appoint an auditor who shall make the audit. The cost of the audit so made shall be adjudged against the municipality as a part of the costs of the case.

Acts 1917, ch. 64, § 3; Shan. Supp., § 1947a3; Code 1932, § 3503; impl. am. Acts 1971, ch. 162, § 3; T.C.A. (orig. ed.), § 6-803.

6-56-104. Audit as public record — Publication.

1. The result of each audit provided for in §§ 6-56-101 — 6-56-103 shall be kept as a public record of the corporation, and shall be always subject to the inspection of each citizen or taxpayer of the corporation.
2. A summary of the audit, prepared by the auditor, shall be published in at least one (1) issue of a newspaper of general circulation in the corporation, if there is one.
3. The municipality shall place a copy of the result of each audit in the main branch of the public library located within the boundaries of the municipality. A municipality that permits access to public information through the Internet may also place a copy on the municipality's homepage.

Acts 1917, ch. 64, § 4; Shan. Supp., § 1947a4; Code 1932, § 3504; Acts 1970, ch. 426, § 15; T.C.A. (orig. ed.), § 6-804; Acts 1997, ch. 446, § 1.

Attorney General Opinions. Working papers of a municipality's audit committee and internal auditor are public records and subject to inspection under the Public Records Act, OAG 06-060, 2006 Tenn. AG LEXIS 61 (4/5/06).

6-56-105. Audit of subordinate agencies.

1. The governing body of each municipality shall cause an annual audit to be made of the accounts and records of all departments, boards, and agencies under its jurisdiction that receive and disburse funds. The audit shall include, but not be limited to, general funds, highway funds, school funds, public utilities and municipal courts.
2. The comptroller of the treasury, through the department of audit, shall be responsible for ensuring that the audits are prepared in accordance with generally accepted governmental auditing standards and determining whether the audits meet minimum audit standards, which shall be prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until such audit has been approved by the comptroller of the treasury.
3. The audits may be prepared by certified public accountants, public accountants or by the department of audit. In the event the governing body of the municipality fails or refuses to have the audit prepared, the comptroller of the treasury may appoint a certified public accountant or public accountant or direct the department of audit to prepare the audit, the cost of such audit to be paid by the municipality.
4. All such audits shall be completed as soon as practicable after the end of the fiscal year of the municipality. One (1) copy of each audit shall be furnished to the mayor, chief executive officer, each member of the governing body, and the comptroller of the treasury. Copies of each audit shall also be made available to the press.
5. All audits performed by the internal audit staff of the municipality shall be conducted in accordance with the standards established by the comptroller of the treasury pursuant to § 4-3-304(9).

Acts 1972, ch. 602, § 1; T.C.A., § 6-811; Acts 1984, ch. 794, § 3; 2004, ch. 914, § 6d.

Attorney General Opinions. A metropolitan government has a responsibility to annually audit the accounts and financial records of the metropolitan airport authority, OAG 01-167, 2001 Tenn. AG LEXIS 179 (11/20/01).

Working papers of a municipality's audit committee and internal auditor are public records and subject to inspection under the Public Records Act, OAG 06-060, 2006 Tenn. AG LEXIS 61 (4/5/06).

6-56-106. Authorized investments.

1. In order to provide a safe temporary medium for investment of idle funds, municipalities are authorized to invest in the following:
   1. Bonds, notes or treasury bills of the United States;
   2. Nonconvertible debt securities of the following federal government sponsored enterprises that are chartered by the United States congress; provided, that such securities are rated in the highest category by at least two (2) nationally recognized rating services:
      1. The federal home loan bank;
      2. The federal national mortgage association;
      3. The federal farm credit bank; and
      4. The federal home loan mortgage corporation;
   3. Any other obligations not listed in subdivisions (a)(1) and (2) that are guaranteed as to principal and interest by the United States or any of its agencies;
   4. Certificates of deposit and other evidences of deposit at state and federally chartered banks, and savings and loan associations. Notwithstanding any other public or private act to the contrary, all investments made pursuant to this subdivision (a)(4) shall 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;
   5. Obligations of the United States or its agencies under a repurchase agreement for a shorter time than the maturity date of the security itself if the market value of the security itself is more than the amount of funds invested; provided, that municipalities may invest in repurchase agreements only if the comptroller of the treasury or the comptroller's designee approves repurchase agreements as an authorized investment, and if such investments are made in accordance with procedures established by the state funding board;
   6. The local government investment pool created by title 9, chapter 4, part 7;
   7. 1. Municipalities having a population in excess of one hundred fifty thousand (150,000), according to the 1990 federal census or any subsequent federal census, may also permit investment of idle funds in the following investment instruments:
         1. Prime banker's acceptances that are eligible for purchase by the federal reserve system; and
         2. Prime commercial paper that is rated at least A1 or equivalent by at least two (2) nationally recognized rating services;
      2. Municipalities having a population of not less than twenty thousand (20,000) nor more than one hundred fifty thousand (150,000), according to the 1990 federal census or any subsequent federal census, may also permit investment of idle funds in prime commercial paper in accordance with the following:
         1. Such paper shall be rated in the highest category by at least two (2) commercial paper rating services; and
         2. The paper shall have a remaining maturity of ninety (90) days or less;
      3. Investment in the instruments set forth in this subdivision (a)(7) shall first be authorized by the municipality's legislative body, acting by resolution or ordinance. In addition, investment in such instruments shall be prohibited until the legislative body has adopted written policies to govern the use of such instruments, with such policies being no less restrictive than those established by the state funding board to govern state investments in such instruments;
   8. The municipality's own bonds or notes issued in accordance with title 9, chapter 21; and
   9. 1. Investment in the instruments set forth in subdivision (a)(2), (a)(5), (a)(7), or any type of investment authorized pursuant to a municipality's charter that is of a type that is not included in this part shall require the following:
         1. The municipality's legislative body must authorize the investment by ordinance; and
         2. The legislative body must adopt a written enforceable investment policy by ordinance to govern the use of investments, with the policies being no less restrictive than those established by the state funding board to govern state investments in these types of instruments.
      2. Investment in instruments covered by this subdivision (a)(9) shall be prohibited until the legislative body has adopted written policies to govern the use of the investments or an ordinance has been passed to authorize the investment.
2. The investments listed in subdivisions (a)(1)-(4) may have a maturity of not greater than four (4) years from the date of investment; however, such investments may have a maturity of greater than four (4) years from the date of investment if such maturity is approved by the comptroller of the treasury or the comptroller's designee.
3. 1. Proceeds of bonds, notes and other obligations issued by municipalities, reserves held in connection therewith and the investment income therefrom, may be invested in obligations that:
      1. Are rated in either of the two (2) highest rated categories by a nationally recognized rating agency of such obligation;
      2. Are direct general obligations of a state of the United States, or a political subdivision or instrumentality thereof, having general taxing powers; and
      3. Have a final maturity on the date of investment of not to exceed forty-eight (48) months or that may be tendered by the holder to the issuer thereof, or an agent of the issuer, at not less than forty-eight-month intervals.
   2. Such proceeds and the investment income thereon may also be invested as otherwise set forth in this section.
4. The investments authorized by this section are in addition to those authorized in any other general law or in any municipality's charter.

Acts 1943, ch. 47, § 1; mod. C. Supp. 1950, § 3516.29 (Williams, § 3516.31); T.C.A. (orig. ed.), § 6-805; Acts 1985, ch. 299, § 1; 1988, ch. 632, § 1; 1990, ch. 814, § 1; 1991, ch. 165, § 1; 1992, ch. 592, § 7; 1993, ch. 448, § 3; 1994, ch. 752, § 7; 1994, ch. 794, § 1; 1994, ch. 806, § 2; 2000, ch. 996, §§ 4-6; 2004, ch. 466, §§ 1, 2; 2006, ch. 693, §§ 5-7; 2010, ch. 868, §§ 14, 15.

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

Cross-References. Investing in obligations of public housing authority authorized, §§ 13-20-613, 35-3-115.

Investments in TVA bonds, § 35-3-119.

Collateral References.

Power of boards or officials to depart from literal requirements in respect of deposits or loans of public funds in their control. 104 A.L.R. 623.

6-56-107. Selection of bonds for investment.

1. For the purpose of carrying out § 6-56-106, the governing body of the municipality may appoint a committee with authority to act in the premises and, unless the governing body shall designate the specific series of bonds in which such funds shall be invested, the selection of the series for investment of such funds as will be best suited to the requirements of the municipality shall be made by the committee.
2. No liability shall attach to any member of a committee selected for the aforementioned purpose, except for misfeasance or malfeasance in the performance of the duties imposed on the committee.

Acts 1943, ch. 47, § 2; C. Supp. 1950, § 3516.30 (Williams, § 3516.32); T.C.A. (orig. ed.), § 6-806.

6-56-108. Contributions to watershed development authority.

Any municipality of this state may make financial contributions to any watershed development authority created by special act of the general assembly, where a portion or all of the watershed development administered by such authority lies within the county wherein such municipality is situated, and such municipality is participating directly or indirectly in such development. Such contributions shall only be made when authorized by the legislative body of such municipality from the general funds of such municipality. No special tax may be levied for such contributions. The amount of such contribution shall be fixed by such legislative body and sanctioned thereby as a municipal purpose, the development of which being beneficial to such municipality.

Acts 1965, ch. 343, § 1; T.C.A., § 6-807.

6-56-109. Acceptance of partial payments of property taxes — Acceptance of taxes paid by electronic funds.

1. Any municipality that collects its own property taxes may by ordinance opt to accept partial payments of property taxes.
2. Prior to any municipality accepting partial payment of property taxes, the municipality must file a plan with the comptroller of the treasury. The plan must indicate that the municipality has the accounting system technology to implement a program for partial payment of property taxes. The plan shall also indicate whether such a program will be implemented within the existing operating resources of the municipal department collecting the tax or indicate prior approval of the municipal legislative body if additional operating resources are needed. This subsection (b) does not apply to any municipality which has implemented a partial payment program prior to March 29, 2010.
3. A municipality may accept taxes paid by electronic funds transfer, including, but not limited to, bank customer preauthorized payments, wire transfers or automated clearing house (ACH) credits. If the entire amount of taxes due is not paid prior to the delinquency date for such taxes, the entire property shall be subject to the tax lien and enforcement by a tax sale or other legally authorized procedures. Unless partial payment is made by electronic transfer of funds, if the municipality accepts partial payment within ten (10) days of the delinquency date, or at any time following such delinquency date, then prior to accepting such payment the municipality must inform the taxpayer of the delinquency date and must advise such taxpayer that the property may be subjected to a tax lien and enforcement by tax sale or other legally authorized procedures.
4. Direct bank transfers and partial payments are subject to the following guidelines:
   1. Vouchers issued pursuant to a relief program shall be used as all or a portion of the final payment; and
   2. A receipt shall be issued to the taxpayer for any partial payment of taxes. The receipt shall state that:
      1. The payment is a partial payment of property taxes;
      2. The balance owing on such taxes that must be paid prior to the delinquency date; and
      3. A failure to pay the entire amount of the taxes prior to the delinquency date subjects any unpaid taxes to the penalties and interest applicable to delinquent taxes and subjects the entire property on which there is a lien for taxes to a tax sale. The final partial payment shall show that a zero (0) balance is owing or shall state that the taxes are paid in full. Receipts shall also be sent to the taxpayer for payments made by direct bank transfer of funds.
5. The powers conferred by this section are in addition to any existing powers conferred by statute, municipal charter or other law.

Acts 2010, ch. 660, § 1.

Code Commission Notes.

Former § 6-56-109 (Acts 1971, ch. 345, § 2; T.C.A., § 6-809), concerning the salary of municipal judges in certain municipalities, was transferred to § 6-56-151 by the code commission in 2005.

6-56-110. Depositories of municipal funds.

1. 1. The contracting authority for a municipality shall 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 contracting authority for a municipality or the contracting authority's designee shall review and analyze the proposals from the banks. 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.
2. The contracting authority for the municipality 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.
3. Notwithstanding any law to the contrary, at least once every four (4) years, the contracting authority for the municipality or their designee shall reevaluate the contracts entered into pursuant to subsection (a). The contracting authority for the municipality or their designee shall base the evaluation on proposals obtained from at least two (2) banks. The contracting authority for a municipality or their designee shall prepare a written evaluation of the proposals and preserve the evaluations for at least three (3) years.
4. This section applies to any municipality that does not have banking evaluation provisions in its charter that are at least as detailed as those provided in this section.

Acts 1992, ch. 592, § 8; 1994, ch. 752, § 8; 1997, ch. 217, § 1; 2019, ch. 277, § 4.

Amendments. The 2019 amendment rewrote this section, which read: “Notwithstanding any other public or private act to the contrary, any municipal funds deposited with a financial institution shall 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 the collateral pool created under title 9, chapter 4, part 5.”

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

6-56-111. Deposit of funds — Petty cash — Disbursement — Penalty for violations.

1. Every municipal official handling public funds shall be required to, as soon as practical, but no later than three (3) working days after the receipt by such municipal official of any public funds, deposit the funds to the credit of such municipality's official bank account, or bank accounts.
2. This requirement shall not prohibit a municipal official handling public funds from maintaining a petty cash fund in an amount sufficient for the transaction of the official business of the municipal official's office.
3. Every municipal official authorized to disburse public funds shall be required to make disbursements of such public funds by consecutively prenumbered checks, warrants or other generally accepted negotiable instruments drawn on the municipality's official bank account or accounts. Disbursements may also be made by electronic transfer, if such transfer is properly documented and recorded.
4. A violation of this section is a Class C misdemeanor.

Acts 1993, ch. 448, § 1.

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

6-56-112. Lawful municipal purpose required.

All expenditures of money made by a municipality must be made for a lawful municipal purpose.

Acts 1993, ch. 448, § 2.

Attorney General Opinions. Lawful municipal purposes, OAG 94-90, 1994 Tenn. AG LEXIS 97 (8/26/94).

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

Authority of city utility system to repair privately owned lines, OAG 06-030, 2006 Tenn. AG LEXIS 30 (2/13/06).

6-56-113 — 6-56-150. [Reserved.]

The minimum salary payable to municipal judges that have been created in all municipalities having a population greater than one hundred seventy thousand (170,000), according to the 1970 federal census or any subsequent federal census, shall be fourteen thousand five hundred dollars ($14,500) per annum, payable in equal monthly installments. Any municipality affected by this section may provide for greater compensation for the office of municipal judge. Any salary for the office of municipal judge shall be paid by the municipality wherein the office of municipal judge is established.

Acts 1971, ch. 345, § 2; T.C.A., §§ 6-809; T.C.A. § 6-56-109.

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

Cross-References. City court, title 6, ch. 21, part 5.

Part 2
Municipal Budget Law of 1982

6-58-101. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

1. “Calendar quarter” means any one (1) of the following time periods during a given year: January 1 through March 31, April 1 through June 30, July 1 through September 30, or October 1 through December 31;
2. “Committee” means the local government planning advisory committee established by § 4-3-727;
3. “Council” means the joint economic and community development council established by § 6-58-114;
4. “Growth plan” means the plan each county must file with the committee by July 1, 2001, as required by § 6-58-107;
5. “National flood insurance program (NFIP)” means the insurance program administered by the federal emergency management agency, as authorized by the National Flood Insurance Reform Act (42 U.S.C. § 4001 et seq);
6. “Planned growth area” means an area established in conformance with § 6-58-106(b) and approved in accordance with the requirements of § 6-58-104;
7. “Rural area” means an area established in conformance with § 6-58-106(c) and approved in accordance with the requirements of § 6-58-104;
8. “Special flood hazard area” means the land area covered by the floodwaters of the base flood on NFIP maps; and
9. “Urban growth boundary” means a line encompassing territory established in conformance with § 6-58-106(a) and approved in accordance with the requirements of § 6-58-104.

Acts 1998, ch. 1101, § 1; 2005, ch. 245, § 1; 2010, ch. 1091, § 2.

Compiler's Notes. For the Preamble to the act concerning state government efforts to provide secure and efficient processing of information through call centers, please refer to Acts 2010, ch. 1091.

Law Reviews.

Growth and Its Implications: An Evaluation of Tennessee's Growth Management Plan, 67 Tenn. L. Rev. 983 (2000).

Property Rights vs. Public Use: Analyzing Tennessee's Response to Kelo Eminent Domain Ruling (Scott Griswold), 43 Tenn B.J. 14 (2007).

Revitalizing Urban Cities: Linking the Past to the Present, 46 U. Mem. L. Rev. 973 (2016).

Saving Our Cities: Land Banking in Tennessee, 46 U. Mem. L. Rev. 927 (2016).

Attorney General Opinions. Extraterritorial zoning by cities under county growth plan, OAG 99-218, 1999 Tenn. AG LEXIS 180 (11/4/99).

Right of municipality to separate planning region designation; right of municipality to provide zoning and subdivision regulations outside corporate limits but within urban growth boundaries, OAG 99-227, 1999 Tenn. AG LEXIS 229 (12/6/99).

Applicability of county growth plan to federally owned property, OAG 00-018, 2000 Tenn. AG LEXIS 18 (2/10/00).

Effect and enforcement of growth plan, OAG 00-022, 2000 Tenn. AG LEXIS 22 (2/15/00).

1998 Tenn. Pub. Acts Ch. 1101 does not require the local government planning advisory committee to automatically expand the planning region of a municipal planning commission to encompass the entire area of that city's urban growth boundary; however, if the committee determines that such an expansion, as a policy matter, is appropriate in all cases, the committee may approve it, subject to the requirements in T.C.A. § 13-3-102, including the city's acceptance of the expansion, OAG 01-092, 2001 Tenn. AG LEXIS 83 (6/4/01).

An ordinance annexing parcels of land connected to the city limits only by a strip of land such as a highway is not per se invalid under the annexation statutes; however, such an ordinance may be invalid under T.C.A. § 6-51-102 [former language] because the annexed territory does not adjoin the existing city limits, or is unreasonable under the same statute or T.C.A. § 6-51-103 because it does not further orderly city development, OAG 03-158, 2003 Tenn. AG LEXIS 191 (12/08/03).

6-58-102. Purpose of chapter.

With this chapter, the general assembly intends to establish a comprehensive growth policy for this state that:

1. Eliminates annexation or incorporation out of fear;
2. Establishes incentives to annex or incorporate where appropriate;
3. More closely matches the timing of development and the provision of public services;
4. Stabilizes each county's education funding base and establishes an incentive for each county legislative body to be more interested in education matters; and
5. Minimizes urban sprawl.

Acts 1998, ch. 1101, § 3.

Attorney General Opinions. Applicability of annexation priorities, OAG 98-0148, 1998 Tenn. AG LEXIS 148 (8/12/98).

6-58-103. Applicability of chapter to counties with metropolitan governments.

This chapter does not apply to any county having a metropolitan form of government; provided, that each such county shall receive full benefit of all incentives available pursuant to § 6-58-109, and each such county shall escape the sanctions imposed by § 6-58-110; and provided further, that any municipality that lies within a county having a metropolitan form of government and another county must establish an urban growth boundary in conjunction with the county containing the territory that is not within the county having a metropolitan form of government.

Acts 1998, ch. 1101, § 4; 2008, ch. 818, § 1.

6-58-104. Coordinating committee — Recommended growth plan — Hearings — Submission for ratification — Rejection and revision — Final plan.

1. 1. Except as otherwise provided pursuant to subdivision (a)(9), effective September 1, 1998, there is created within each county a coordinating committee, which shall be composed of the following members:
      1. The county mayor or the county mayor's designee, to be confirmed by the county legislative body; provided, that a member of the county legislative body may serve as such designee subject to such confirmation;
      2. The mayor of each municipality or the mayor's designee, to be confirmed by the municipal governing body;
      3. One (1) member appointed by the governing board of the municipally owned utility system serving the largest number of customers in the county;
      4. One (1) member appointed by the governing board of the utility system, not municipally owned, serving the largest number of customers in the county;
      5. One (1) member appointed by the board of directors of the county's soil conservation district, who shall represent agricultural interests;
      6. One (1) member appointed by the board of the local education agency having the largest student enrollment in the county;
      7. One (1) member appointed by the largest chamber of commerce, to be appointed after consultation with any other chamber of commerce within the county; and
      8. Two (2) members appointed by the county mayor and two (2) members appointed by the mayor of the largest municipality, to assure broad representation of environmental, construction and homeowner interests.
   2. It is the duty of the coordinating committee to develop a recommended growth plan not later than January 1, 2000, and to submit such plan for ratification by the county legislative body and the governing body of each municipality. The recommended growth plan shall identify urban growth boundaries for each municipality within the county and shall identify planned growth areas and rural areas within the county, all in conformance with § 6-58-106. In developing a recommended growth plan, the coordinating committee shall give due consideration to such urban growth boundaries as may be timely proposed and submitted to the coordinating committee by each municipal governing body. The coordinating committee shall also give due consideration to such planned growth areas and rural areas as may be timely proposed and submitted to the coordinating committee by the county legislative body. The coordinating committee is encouraged to utilize planning resources that are available within the county, including municipal or county planning commissions. The coordinating committee is further encouraged to utilize the services of the county technical assistance service, and the municipal technical advisory service.
   3. Prior to finalization of the recommended growth plan, the coordinating committee shall conduct at least two (2) public hearings. The county shall give at least fifteen (15) days advance notice of the time, place and purpose of each public hearing by notice published in a newspaper of general circulation throughout the county.
   4. Not later than January 1, 2000, the coordinating committee shall submit its recommended growth plan for ratification by the county legislative body and by the governing body of each municipality within the county; provided, that, notwithstanding this chapter to the contrary, if a municipality is completely contiguous to and surrounded by one (1) or more municipalities, then the corporate limits of the surrounded municipality shall constitute the municipality's urban growth boundaries and such municipality shall not be eligible to ratify or reject the recommended growth plan. Not later than one hundred twenty (120) days after receiving the recommended growth plan, the county legislative body or municipal governing body, as the case may be, shall act to either ratify or reject the recommended growth plan of the coordinating committee. Failure by such county legislative body or any such municipal governing body to act within such one hundred twenty-day period shall be deemed to constitute ratification by such county or municipality of the recommended growth plan.
   5. If the county or any municipality therein rejects the recommendation of the coordinating committee, then the county or municipality shall submit its objections, and the reasons therefor, for resolution in accordance with subsection (b). In resolving disputes arising from disagreements over which urban growth boundary should contain specific territory, due consideration shall be given if one of the municipalities is better able to efficiently and effectively provide urban services within the disputed territory. Due consideration shall also be given if one of the municipalities detrimentally relied upon priority status conferred under prior annexation law and, thereby, justifiably incurred significant expense in preparation for annexation of the disputed territory.
   6. 1. A municipality may make binding agreements with other municipalities and with counties to refrain from exercising any power or privilege granted to the municipality by this title, to any degree contained in the agreement including, but not limited to, the authority to annex.
      2. A county may make binding agreements with municipalities to refrain from exercising any power or privilege granted to the county by title 5, to any degree contained in the agreement including, but not limited to, the authority to receive annexation date revenue.
      3. Any agreement made pursuant to this subdivision (a)(6) need not have a set term, but after the agreement has been in effect for five (5) years, any party upon giving ninety (90) days written notice to the other parties is entitled to a renegotiation or termination of the agreement.
   7. 1. Notwithstanding this chapter or any other law to the contrary, any annexation reserve agreement or any agreement of any kind either between municipalities or between municipalities and counties setting out areas reserved for future municipal annexation and in effect on May 19, 1998, are ratified and remain binding and in full force and effect. Any such agreement may be amended from time to time by mutual agreement of the parties. Any such agreement or amendment may not be construed to abrogate the application of any provision of this chapter to the area annexed pursuant to the agreement or amendment.
      2. In any county with a charter form of government, the annexation reserve agreements in effect on January 1, 1998, are deemed to satisfy the requirement of a growth plan. The county shall file a plan based on such agreements with the committee.
   8. No provision of this chapter shall prohibit written contracts between municipalities and property owners relative to the exercise of a municipality's rights of annexation or operate to invalidate an annexation ordinance done pursuant to a written contract between a municipality and a property owner in existence on May 19, 1998.
   9. 1. Instead of the coordinating committee created under subdivision (a)(1), in any county in which the largest municipality comprises at least sixty percent (60%) of the population of the entire county and on May 19, 1998, there is no other municipality in the county with a population in excess of one thousand (1,000), according to the 1990 federal census or any subsequent federal census, the coordinating committee in such county shall be the municipal planning commission of the largest municipality and the county planning commission, if the county has a planning commission. The mayor of the largest municipality and the county mayor of such county may jointly appoint as many additional members to the coordinating committee as they may determine. Notwithstanding the provisions of this subsection (a) with respect to the adoption or ratification of the recommended growth plan, in any county to which this subdivision (a)(9)(A) applies, upon adoption of a recommended growth plan, the coordinating committee shall submit its recommendation to the county legislative body for ratification. The county legislative body may only disapprove the recommendation of the coordinating committee if it makes an affirmative finding, by a two-thirds (2/3) vote, that the committee acted in an arbitrary or capricious manner or abused its official discretion in applying the law. If the county legislative body disapproves the recommendation of the coordinating committee, then the dispute resolution process of this section shall apply.
      2. Instead of the coordinating committee created pursuant to subdivision (a)(1), if the county legislative body and the governing body of each municipality located therein all agree that another entity shall perform the duties assigned by this chapter to the coordinating committee, then such other entity shall perform such duties of the coordinating committee, and such coordinating committee shall not be created or continued, as the case may be.
2. 1. If the county or any municipality rejects the recommended growth plan, then the coordinating committee shall reconsider its action. After such reconsideration, the coordinating committee may recommend a revised growth plan and may submit such revised growth plan for ratification by the county legislative body and the governing body of each municipality. If a recommended growth plan or revised growth plan is rejected, then the county or any municipality may declare the existence of an impasse and may request the secretary of state to provide an alternative method for resolution of disputes preventing ratification of a growth plan.
   2. Upon receiving such request, the secretary of state shall promptly appoint a dispute resolution panel consisting of a minimum of one (1) member and a maximum of three (3) members. The secretary of state shall have the discretion to determine the size of the panel. Each member of the panel shall be appointed from the ranks of the administrative law judges employed within the administrative procedures division. Each member shall possess formal training in the methods and techniques of dispute resolution and mediation. Panel members and their spouses and immediate family shall not be residents, property owners, officials or employees of the county or any municipality within the county.
   3. The panel shall attempt to mediate the unresolved disputes. If, after reasonable efforts, mediation does not resolve the disputes, then the panel shall propose a non-binding resolution. The county legislative body and the municipal governing bodies shall be given a reasonable period in which to consider the proposed resolution. If the county legislative body and the municipal governing bodies do not accept and approve the resolution, the secretary of state shall appoint a new panel of administrative law judges, composed and selected in the same manner specified in subdivision (b)(2), for the purpose of adopting a growth plan. The panel may initiate formal proceedings, if they are necessary to obtain sufficient information for adopting a growth plan. These proceedings shall be conducted subject to the open meetings provisions of title 8, chapter 44, but need not be in compliance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The panel may consult with experts in urban planning, growth and development, and may commission or contract for additional studies and reports on population growth and projections, land utilization and needs, environmental impacts, and the development and production of maps adequate for the use of the panel in mediating a dispute or in adopting a growth plan. The costs associated with obtaining the services of experts, the production of studies, reports, maps and other documents shall be a reasonable and necessary cost associated with the panel's development of the growth plan.
   4. The secretary of state shall certify the reasonable and necessary costs incurred by the dispute resolution panel, including, but not necessarily limited to, salaries, supplies, travel expenses and staff support for the panel members. The county and the municipalities shall reimburse the secretary of state for such costs, to be allocated on a pro rata basis calculated on the number of persons residing within each of the municipalities and the number of persons residing within the unincorporated areas of the county; provided, that if the dispute resolution panel determines that the dispute resolution process was necessitated or unduly prolonged by bad faith or frivolous actions on the part of the county and/or any one (1) or more of the municipalities, then the secretary of state may, upon the recommendation of the panel, reallocate liability for such reimbursement in a manner clearly punitive to such bad faith or frivolous actions.
   5. If a county or municipality fails to reimburse its allocated or reallocated share of panel costs to the secretary of state after sixty (60) days notice of such costs, the department of finance and administration shall deduct such costs from such county's or a municipality's allocation of state shared taxes.
3. 1. 1. No later than July 1, 2001, the growth plan recommended or revised by the coordinating committee and ratified by the county and each municipality therein or alternatively adopted by a dispute resolution panel shall be submitted to and approved by the local government planning advisory committee.
      2. IF urban growth boundaries, planned growth areas and rural areas were recommended or revised by a coordinating committee and ratified by the county and each municipality therein;THEN the local government planning advisory committee shall grant its approval, and the growth plan shall become immediately effective.
      3. In addition, in any county with a charter form of government, the annexation reserve agreements in effect on January 1, 1998, are deemed to satisfy the requirement of a growth plan, and the local government planning advisory committee shall approve such plan.
      4. In all other cases:

         IF the local government planning advisory committee determines that such urban growth boundaries, planned growth areas and rural areas conform with the provisions of § 6-58-106;

         THEN the local government planning advisory committee shall grant its approval and the growth plan shall immediately become effective;

         HOWEVER, IF the local government planning advisory committee determines that such urban growth boundaries, planned growth areas and/or rural areas in any way do not conform with the provisions of § 6-58-106;

         THEN the committee shall adopt and grant its approval of alternative urban growth boundaries, planned growth areas and/or rural areas for the sole purpose of making the adjustments necessary to achieve conformance with the provisions of § 6-58-106.

      5. Such alternative urban growth boundaries, planned growth areas and/or rural areas shall supersede and replace all conflicting urban growth boundaries, planned growth areas and/or rural areas and shall immediately become effective as the growth plan.
   2. After the local government planning advisory committee has approved a growth plan, the committee shall forward a copy to the county mayor who shall file the plan in the register's office. The register may not impose a fee on the county mayor for this service.
4. 1. After the local government planning advisory committee has approved the county's initial growth plan, the plan shall stay in effect for not less than three (3) years absent a showing of extraordinary circumstances. After the initial three-year period, a growth plan may be amended as often as deemed necessary by the county and cities. Any time after the expiration of the initial three-year period, the mayor of any municipality in the county or the county mayor or county executive may propose an amendment to the growth plan by filing notice with the county mayor or county executive and with the mayor of each municipality in the county. Upon receipt of such notice, the county mayor or county executive shall take appropriate action to reconvene or reestablish the coordinating committee within sixty (60) days of the receipt of the notice. Except as provided for in this subdivision (d)(1), the procedures for amending the growth plan shall be the same as the procedures in this section for establishing the original plan. The burden of proving the reasonableness and necessity of the proposed amendment shall be upon the party proposing the change. It is the duty of the coordinating committee to submit the proposed amendment with its recommendation either for or against the amendment to the county legislative body and to the governing body of each municipality within the county for their approval or disapproval within six (6) months of the date of the coordinating committee's first meeting on the proposed amendment. After the proposed amendment is approved by the county legislative body and the governing body of each municipality and by the local government planning advisory committee, the amendment shall become part of the county's growth plan.
   2. In any county with a charter form of government with annexation reserve agreements in effect on January 1, 1998, any municipality or the county may immediately file a proposed amendment after May 19, 1998, in accordance with this subsection (d).

Acts 1998, ch. 1101, § 5; 2003, ch. 90, § 2; 2005, ch. 278, §§ 1, 2; 2009, ch. 374, § 1; 2010, ch. 1026, § 1; 2011, ch. 509, § 6; 2012, ch. 863, § 1.

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.

Attorney General Opinions. Applicability of annexation priorities, OAG 98-0148, 1998 Tenn. AG LEXIS 148 (8/12/98).

Utility sytems whose governing boards entitled to appoint committee members, OAG 98-0149 (8/12/98).

Non-member as chair of coordinating committee, OAG 99-092, 1999 Tenn. AG LEXIS 92 (4/13/99).

A county growth plan must remain in effect for at least three years, absent a showing of extraordinary circumstances, before it can be amended, OAG 00-135, 2000 Tenn. AG LEXIS 136 (8/22/00).

Amending a growth plan, OAG 03-154, 2003 Tenn. AG LEXIS 171 (12/01/03).

“Largest chamber of commerce” defined, OAG 07-041 (4/3/07).

Authority of county mayor to block soil conservation district board's appointment to coordinating committee.  OAG 10-83, 2010 Tenn. AG LEXIS 89 (6/21/10).

Coordinating Committee under Local Planning Law. OAG 11-77, 2011 Tenn. AG LEXIS 80 (11/14/11).

The General Assembly’s amendments to Chapter 51, as well as its deletion of T.C.A. § 6-58-108, evidence an unequivocal intent to prohibit all annexations by ordinance that are not operative and effective prior to May 16, 2015.  Therefore, a municipality may no longer annex territory outside its urban growth boundary, and T.C.A. § 6-58-111(c)(1) has been impliedly repealed. Accordingly, referendum is now the only method that a municipality may use to annex territory outside its urban growth boundary. OAG 17-37, 2017 Tenn. AG LEXIS 37 (8/31/2017).

6-58-105. Judicial review of growth plan.

1. The affected county, an affected municipality, a resident of such county or an owner of real property located within such county is entitled to judicial review under this section, which shall be the exclusive method for judicial review of the growth plan and its urban growth boundaries, planned growth areas and rural areas. Proceedings for review shall be instituted by filing a petition for review in the chancery court of the affected county. Such petition shall be filed during the sixty-day period after final approval of such urban growth boundaries, planned growth areas and rural areas by the local government planning advisory committee. In accordance with the provisions of the Tennessee rules of civil procedure pertaining to service of process, copies of the petition shall be served upon the local government planning advisory committee, the county and each municipality located or proposing to be located within the county.
2. Judicial review shall be de novo and shall be conducted by the chancery court without a jury. The petitioner shall have the burden of proving, by a preponderance of the evidence, that the urban growth boundaries, planned growth areas and/or rural areas are invalid because the adoption or approval thereof was granted in an arbitrary, capricious, illegal or other manner characterized by abuse of official discretion. The filing of the petition for review does not itself stay effectiveness of the urban growth boundaries, planned growth areas and rural areas; provided, that the court may order a stay upon appropriate terms if it is shown to the satisfaction of the court that any party or the public at large is likely to suffer significant injury if such stay is not granted. If more than one (1) suit is filed within the county, then all such suits shall be consolidated and tried as a single civil action.
3. IF the court finds by a preponderance of the evidence that the urban growth boundaries, planned growth areas and/or rural areas are invalid because the adoption or approval thereof was granted in an arbitrary, capricious, illegal or other manner characterized by abuse of official discretion;

   THEN an order shall be issued vacating the same, in whole or in part, and remanding the same to the county and the municipalities in order to identify and obtain adoption or approval of urban growth boundaries, planned growth areas and/or rural areas in conformance with the procedures set forth within § 6-58-104.

4. Any party to the suit, aggrieved by the ruling of the chancery court, may obtain a review of the final judgment of the chancery court by appeal to the court of appeals.

Acts 1998, ch. 1101, § 6.

Attorney General Opinions. T.C.A. § 6-58-105 provides the exclusive method for judicial review of a county growth plan and its urban growth boundaries, planned growth areas, and rural areas, OAG 00-135, 2000 Tenn. AG LEXIS 136 (8/22/00).

6-58-106. Urban growth boundaries — Proposal — Hearing — Rural areas.

1. 1. The urban growth boundaries of a municipality shall:
      1. Identify territory that is reasonably compact yet sufficiently large to accommodate residential and nonresidential growth projected to occur during the next twenty (20) years;
      2. Identify territory that is contiguous to the existing boundaries of the municipality;
      3. Identify territory that a reasonable and prudent person would project as the likely site of high density commercial, industrial and/or residential growth over the next twenty (20) years based on historical experience, economic trends, population growth patterns and topographical characteristics; if available, professional planning, engineering or economic studies, or any of these studies, may also be considered;
      4. Identify territory in which the municipality is better able and prepared than other municipalities to efficiently and effectively provide urban services; and
      5. Reflect the municipality's duty to facilitate full development of resources within the current boundaries of the municipality and to manage and control urban expansion outside of such current boundaries, taking into account the impact to agricultural lands, forests, recreational areas and wildlife management areas.
   2. Before formally proposing urban growth boundaries to the coordinating committee, the municipality shall develop and report population growth projections; such projections shall be developed in conjunction with the University of Tennessee. The municipality shall also determine and report the current costs and the projected costs of core infrastructure, urban services and public facilities necessary to facilitate full development of resources within the current boundaries of the municipality and to expand such infrastructure, services and facilities throughout the territory under consideration for inclusion within the urban growth boundaries. The municipality shall also determine and report on the need for additional land suitable for high density, industrial, commercial and residential development, after taking into account all areas within the municipality's current boundaries that can be used, reused or redeveloped to meet such needs. The municipality shall examine and report on agricultural lands, forests, recreational areas and wildlife management areas within the territory under consideration for inclusion within the urban growth boundaries and shall examine and report on the likely long-term effects of urban expansion on such agricultural lands, forests, recreational areas and wildlife management areas.
   3. Before a municipal legislative body may propose urban growth boundaries to the coordinating committee, the municipality shall conduct at least two (2) public hearings. 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.
2. 1. Each planned growth area of a county shall:
      1. Identify territory that is reasonably compact yet sufficiently large to accommodate residential and nonresidential growth projected to occur during the next twenty (20) years;
      2. Identify territory that is not within the existing boundaries of any municipality;
      3. Identify territory that a reasonable and prudent person would project as the likely site of high or moderate density commercial, industrial and/or residential growth over the next twenty (20) years based on historical experience, economic trends, population growth patterns and topographical characteristics; (if available, professional planning, engineering and/or economic studies may also be considered);
      4. Identify territory that is not contained within urban growth boundaries; and
      5. Reflect the county's duty to manage natural resources and to manage and control urban growth, taking into account the impact to agricultural lands, forests, recreational areas and wildlife management areas.
   2. Before formally proposing any planned growth area to the coordinating committee, the county shall develop and report population growth projections; such projections shall be developed in conjunction with the University of Tennessee. The county shall also determine and report the projected costs of providing urban type core infrastructure, urban services and public facilities throughout the territory under consideration for inclusion within the planned growth area as well as the feasibility of recouping such costs by imposition of fees or taxes within the planned growth area. The county shall also determine and report on the need for additional land suitable for high density industrial, commercial and residential development after taking into account all areas within the current boundaries of municipalities that can be used, reused or redeveloped to meet such needs. The county shall also determine and report on the likelihood that the territory under consideration for inclusion within the planned growth area will eventually incorporate as a new municipality or be annexed. The county shall also examine and report on agricultural lands, forests, recreational areas and wildlife management areas within the territory under consideration for inclusion within the planned growth area and shall examine and report on the likely long-term effects of urban expansion on such agricultural lands, forests, recreational areas and wildlife management areas.
   3. Before a county legislative body may propose planned growth areas to the coordinating committee, the county shall conduct at least two (2) public hearings. Notice of the time, place and purpose of the public hearing shall be published in a newspaper of general circulation in the county not less than fifteen (15) days before the hearing.
3. 1. Each rural area shall:
      1. Identify territory that is not within urban growth boundaries;
      2. Identify territory that is not within a planned growth area;
      3. Identify territory that, over the next twenty (20) years, is to be preserved as agricultural lands, forests, recreational areas, wildlife management areas or for uses other than high density commercial, industrial or residential development; and
      4. Reflect the county's duty to manage growth and natural resources in a manner that reasonably minimizes detrimental impact to agricultural lands, forests, recreational areas and wildlife management areas.
   2. Before a county legislative body may propose rural areas to the coordinating committee, the county shall conduct at least two (2) public hearings. Notice of the time, place and purpose of the public hearing shall be published in a newspaper of general circulation in the county not less than fifteen (15) days before the hearing.
4. Notwithstanding the extraterritorial planning jurisdiction authorized for municipal planning commissions designated as regional planning commissions in title 13, chapter 3, nothing in this chapter shall be construed to authorize municipal planning commission jurisdiction beyond an urban growth boundary; provided, that in a county without county zoning, a municipality may provide extraterritorial zoning and subdivision regulation beyond its corporate limits with the approval of the county legislative body.

Acts 1998, ch. 1101, § 7.

Law Reviews.

Revitalizing Urban Cities: Linking the Past to the Present, 46 U. Mem. L. Rev. 973 (2016).

Saving Our Cities: Land Banking in Tennessee, 46 U. Mem. L. Rev. 927 (2016).

Attorney General Opinions. Applicability of annexation priorities, OAG 98-0148, 1998 Tenn. AG LEXIS 148 (8/12/98).

Extraterritorial zoning by cities under county growth plan, OAG 99-218, 1999 Tenn. AG LEXIS 180 (11/4/99).

Right of municipality to separate planning region designation; right of municipality to provide zoning and subdivision regulations outside corporate limits but within urban growth boundaries, OAG 99-227, 1999 Tenn. AG LEXIS 229 (12/6/99).

6-58-107. Approved plan required — Land use decisions to be consistent with plan.

1. Not later than July 1, 2001, a growth plan for each county shall be submitted to and approved by the local government planning advisory committee in accordance with § 6-58-104. After a growth plan is so approved, all land use decisions made by the legislative body and the municipality's or county's planning commission shall be consistent with the growth plan.
2. The growth plan shall include, at a minimum, documents describing and depicting municipal corporate limits, as well as urban growth boundaries, planned growth areas, if any, and rural areas, if any, approved in conformance with § 6-58-104.
3. The purpose of a growth plan is to direct the coordinated, efficient, and orderly development of the local government and its environs that will, based on an analysis of present and future needs, best promote the public health, safety, morals and general welfare.
4. A growth plan may address land-use, transportation, public infrastructure, housing, and economic development.
5. The goals and objectives of a growth plan include the need to:
   1. Provide a unified physical design for the development of the local community;
   2. Encourage a pattern of compact and contiguous high density development to be guided into urban areas or planned growth areas;
   3. Establish an acceptable and consistent level of public services and community facilities and ensure timely provision of those services and facilities;
   4. Promote the adequate provision of employment opportunities and the economic health of the region;
   5. Conserve features of significant statewide or regional architectural, cultural, historical, or archaeological interest;
   6. Protect life and property from the effects of natural hazards, such as flooding, winds, and wildfires;
   7. Take into consideration such other matters that may be logically related to or form an integral part of a plan for the coordinated, efficient and orderly development of the local community; and
   8. Provide for a variety of housing choices and assure affordable housing for future population growth.

Acts 1998, ch. 1101, § 8.

Attorney General Opinions. Effect and enforcement of growth plan, OAG 00-022, 2000 Tenn. AG LEXIS 22 (2/15/00).

A final growth plan need not include a planned growth area and, therefore, a county commission need not include one in its proposal to the coordinating committee or in any subsequent proposals, OAG 00-184, 2000 Tenn. AG LEXIS 187 (12/13/00).

A growth plan cannot be used to nullify a previously adopted county zoning ordinance, but might be used to nullify a subsequently adopted zoning ordinance if that ordinance was inconsistent with the growth plan, OAG 00-184, 2000 Tenn. AG LEXIS 187 (12/13/00).

A growth plan may include only municipal boundaries, urban growth areas, and rural areas, OAG 00-184, 2000 Tenn. AG LEXIS 187 (12/13/00).

A growth plan may include explicit definitions of “low density” and “high density,” OAG 00-184, 2000 Tenn. AG LEXIS 187 (12/13/00).

A decision by a city department or board does not fall within T.C.A. § 6-58-107, OAG 01-096, 2001 Tenn. AG LEXIS 87 (6/12/01).

A decision to extend a sewer line to a rural area is probably not, per se, inconsistent with a county growth plan, OAG 01-096, 2001 Tenn. AG LEXIS 87 (6/12/01).

The General Assembly’s amendments to Chapter 51, as well as its deletion of T.C.A. § 6-58-108, evidence an unequivocal intent to prohibit all annexations by ordinance that are not operative and effective prior to May 16, 2015.  Therefore, a municipality may no longer annex territory outside its urban growth boundary, and T.C.A. § 6-58-111(c)(1) has been impliedly repealed. Accordingly, referendum is now the only method that a municipality may use to annex territory outside its urban growth boundary. OAG 17-37, 2017 Tenn. AG LEXIS 37 (8/31/2017).

6-58-108. [Repealed.]

Acts 1998, ch. 1101, § 9; 2003, ch. 90, § 2; 2008, ch. 818, § 2; repealed by Acts 2015, ch. 512, § 10, effective June 29, 2015.

Compiler's Notes. Former § 6-58-108 concerned annexation by ordinance; growth plan required for incorporation of new city.

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.

6-58-109. Increased allocation of certain funds for counties and municipalities with approved growth plans.

1. Upon approval of the growth plan by the local government planning advisory committee but beginning no earlier than July 1, 2000, each municipality within the county and the county shall receive an additional five (5) points on a scale of one hundred (100) points or a comparable percentage increase as determined by the commissioner of economic and community development in any evaluation formula for the allocation of private activity bond authority and for the distribution of grants from the department of economic and community development for the:
   1. Tennessee industrial infrastructure program;
   2. Industrial training service program; and
   3. Community development block grants.
2. Upon approval of the growth plan by the local government planning advisory committee but beginning no earlier than July 1, 2000, each municipality within the county and the county shall receive an additional five (5) points on a scale of one hundred (100) points or a comparable percentage increase as determined by the commissioner if permissible under federal requirements in any evaluation formula for the distribution of grants from the department of environment and conservation for state revolving fund loans for water and sewer systems; provided, that no such preferences shall be granted if prohibited by federal law or regulation.
3. Upon approval of the growth plan by the local government planning advisory committee but beginning no earlier than July 1, 2000, each municipality within the county and the county shall receive an additional five (5) points on a scale of one hundred (100) points or a comparable percentage increase as determined by the executive director in any evaluation formula for the distribution of HOUSE or HOME grants from the Tennessee housing development authority or low income tax credits or private activity bond authority; provided, that no such preferences shall be granted if prohibited by federal law or regulation.

Acts 1998, ch. 1101, § 10.

Attorney General Opinions. Applicability of annexation priorities, OAG 98-0148, 1998 Tenn. AG LEXIS 148 (8/12/98).

6-58-110. Certain grants unavailable to counties and municipalities without approved growth plan as of July 1, 2001.

Effective July 1, 2001, the following loan and grant programs shall be unavailable in those counties and municipalities that do not have growth plans approved by the local government planning advisory committee, and shall remain unavailable until growth plans have been approved:

1. Tennessee housing development agency grant programs;
2. Community development block grants;
3. Tennessee industrial infrastructure program grants;
4. Industrial training service grants;
5. Intermodal Surface Transportation Efficiency Act funds or any subsequent federal authorization for transportation funds; and
6. Tourism development grants.

Acts 1998, ch. 1101, § 11.

Compiler's Notes. The Intermodal Surface Transportation Efficiency Act, referred to in this section, is compiled primarily in U.S.C., title 49.

6-58-111. Annexation procedure — Quo warranto action to challenge annexation.

1. A municipality possesses exclusive authority to annex territory located within its approved urban growth boundaries; therefore, no municipality may annex by ordinance or by referendum any territory located within another municipality's approved urban growth boundaries. Within a municipality's approved urban growth boundaries, a municipality may use any of the methods in chapter 51 of this title to annex territory; provided, that if a quo warranto action is filed to challenge the annexation, the party filing the action has the burden of proving that:
   1. An annexation ordinance is unreasonable for the overall well-being of the communities involved; or
   2. The health, safety, and welfare of the citizens and property owners of the municipality and territory will not be materially retarded in the absence of such annexation.
2. In any such action, the action shall be tried by the circuit court judge or chancellor without a jury.
3. 1. Prior to a municipality annexing by ordinance territory outside its existing urban growth boundary whether the territory desired for annexation is within another municipality's urban growth boundary or a county's planned growth area or rural area, it must first amend the growth plan by having its desired change to the urban growth boundary submitted to the coordinating committee and then receive a recommendation for or against the amendment from the coordinating committee, the coordinating committee then must submit the proposed amendment with its recommendation to all the legislative bodies for approval. If the amendment to the growth plan is approved by the legislative bodies or by the dispute resolution panel, it is then submitted to the local government planning advisory committee for its approval. This amendment process must follow the procedure as outlined in § 6-58-104 and the criteria for establishing an urban growth boundary as delineated in § 6-58-106.
   2. As an alternative to a municipality annexing in a county's planned growth area or rural area by first amending the growth plan as described in subdivision (c)(1), a municipality may annex within a county's planned growth area or rural area, but the annexation must be by referendum only and not by ordinance. The municipality must follow the referendum process as provided for in §§ 6-51-104 and 6-51-105.

Acts 1998, ch. 1101, § 12; 2005, ch. 246, §§ 1, 2; 2010, ch. 917, §§ 1-3.

Attorney General Opinions. Applicability of annexation priorities, OAG 98-0148, 1998 Tenn. AG LEXIS 148 (8/12/98).

Annexation after growth plan adopted, OAG 00-036, 2000 Tenn. AG LEXIS 36 (3/6/00).

The General Assembly’s amendments to Chapter 51, as well as its deletion of T.C.A. § 6-58-108, evidence an unequivocal intent to prohibit all annexations by ordinance that are not operative and effective prior to May 16, 2015.  Therefore, a municipality may no longer annex territory outside its urban growth boundary, and T.C.A. § 6-58-111(c)(1) has been impliedly repealed. Accordingly, referendum is now the only method that a municipality may use to annex territory outside its urban growth boundary. OAG 17-37, 2017 Tenn. AG LEXIS 37 (8/31/2017).

6-58-112. New municipalities — Property tax — Incorporation election.

1. 1. After January 1, 1999, a new municipality may only be created in territory approved as a planned growth area in conformity with  § 6-58-104;
   2. A county may provide or contract for the provision of services within a planned growth area and set a separate tax rate specifically for the services provided within a planned growth area; and
   3. A county may establish separate zoning regulations within a planned growth area, for territory within an urban growth boundary or within a rural area.
2. A municipality, incorporated after May 19, 1998, shall impose a property tax that raises an amount of revenue not less than the amount of the annual revenues derived by the municipality from state-shared taxes as estimated by the department of revenue on or before July 1. The municipality shall levy and provide for the administration and collection of a property tax in the required amount before the municipality may receive state-shared taxes. Furthermore,  § 6-51-115(b) shall apply within the territory of such newly incorporated municipality as if such territory had been annexed rather than incorporated. For purposes of levying a property tax, the incorporation of a municipality shall be effective on January 1 following the election at which the incorporation is approved.
3. 1. If the residents of a planned growth area petition to have an election of incorporation, the county legislative body shall approve the corporate limits and the urban growth boundary of the proposed municipality before the election to incorporate may be held.
   2. Within six (6) months of the incorporation election, the municipality shall adopt by ordinance a plan of services for the services the municipality proposes to deliver. The municipality shall prepare and publish its plan of services in a newspaper of general circulation distributed in the municipality. The rights and remedies of § 6-51-108 apply to the plan of services adopted by the municipality.

Acts 1998, ch. 1101, § 13; 1999, ch. 169, §§ 1, 2; 2012, ch. 970, § 1; 2013, ch. 256, § 1.

Compiler's Notes. For the Preamble to the act concerning abolishing the prohibition against the establishment of new municipal school systems, please refer to Acts 2013, ch. 256.

Attorney General Opinions. Establishment of new school districts by municipalities in Shelby County.  OAG 12-39, 2012 Tenn. AG LEXIS 41 (3/20/12).

6-58-113. Monitoring and reporting by advisory commission on intergovernmental relations.

The Tennessee advisory commission on intergovernmental relations (TACIR) shall monitor implementation of this chapter and shall periodically report its findings and recommendations to the general assembly. Each agency of the executive branch, each municipal and county official, each local government organization, including any planning commission and development district, shall cooperate with the commission and provide necessary information and assistance for the commission's reports. TACIR reserve funds may be expended for the purpose of performing duties assigned by this section.

Acts 1998, ch. 1101, § 14; 2002, ch. 594, § 1.

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

6-58-114. Joint economic and community development board.

1. It is the intent of the general assembly that local governments engage in long-term planning, and that such planning be accomplished through regular communication and cooperation among local governments, the agencies attached to them, and the agencies that serve them. It is also the intent of the general assembly that the growth plans required result from communication and cooperation among local governments.
2. There shall be established in each county a joint economic and community development board, which shall be established by interlocal agreement pursuant to § 5-1-113. The purpose of the board is to foster communication relative to economic and community development between and among governmental entities, industry, and private citizens.
3. Each joint economic and community development board shall be composed of representatives of county and city governments, private citizens, and present industries and businesses. The final makeup of the board shall be determined by interlocal agreement but shall, at a minimum, include the county mayor and the city mayor or city manager, if appropriate, of each city lying within the county and one (1) person who owns land qualifying for classification and valuation under title 67, chapter 5, part 10; provided, that in cases where there are multiple cities, smaller cities may have representation on a rotating basis as determined by the interlocal agreement.
4. There shall be an executive committee of the board, which shall be composed of members of the joint economic and community development board selected by the entire board. The makeup of the executive committee shall be determined by the entire joint economic and community development board but shall, at a minimum, include the county mayor and the city mayors or city managers of the larger municipalities in the county.
5. The terms of office shall be determined by the interlocal agreement, but shall be staggered, except for those positions held by elected officials whose terms shall coincide with the terms of office for their elected positions. All terms of office shall be for a maximum of four (4) years.
6. The board shall meet, at a minimum, four (4) times annually, and the executive committee of the board shall meet at least four (4) times annually. An executive committee meeting shall be held once each calendar quarter. Minutes of all meetings of the board and the executive committee shall be documented by minutes kept and by certification of attendance. Meetings of the joint economic and community development board and its executive committee are subject to the open meetings law.
7. 1. The activities of the board shall be jointly funded by the participating governments. The formula for determining the amount of funds due from each participating government shall be determined by adding the population of the entire county as established by the last federal decennial census to the populations of each city as determined by the last federal decennial census, or special census as provided for in § 6-51-114, and then determining the percentage that the population of each governmental entity bears to the total amount.
   2. If a special census has been certified pursuant to § 6-51-114, during the five-year period after certification of the last federal decennial census, the formula shall be adjusted by the board to reflect the result of the special census; provided, that the board shall only make such an adjustment during the fifth year following the certification of a federal decennial census.
   3. The board may accept and expend donations, grants and payments from persons and entities other than the participating governments. The board is authorized to transfer or to donate funds from participating governments or outside sources to other public or nonprofit entities within the county to be used for economic or industrial development purposes.
   4. If, on May 19, 1998, a county and city government have a joint economic and community development council that has an established funding mechanism to carry out a unified economic and community development program for the entire county, such funding mechanism shall be utilized in lieu of the formula established in this subsection (g).
8. An annual budget to fund the activities of the board shall be recommended by the executive committee to the board, which shall adopt a budget before April 1 of each year. The funding formula established by this act shall then be applied to the total amount budgeted by the board as the participating governments' contributions for the ensuing fiscal year. The budget and a statement of the amount due from each participating government shall be immediately filed with the appropriate officer of each participating government. In the event a participating government does not fully fund its contribution, the board may establish and impose such sanctions or conditions as it deems proper.
9. When applying for any state grant a city or a county shall certify its compliance with the requirements of this section.
10. If there exists within a county a similar organization on May 19, 1998, that organization may satisfy the requirements of this section. The county mayor shall file a petition with the committee, which shall make a determination whether the existing organization is sufficiently similar to the requirements of this section. When the committee has made its determination, an affected municipality or county may rely upon that status of the existing organization to satisfy the certification requirements of subsection (i).
11. The county mayor and the mayor, or city manager, if appropriate, of each city lying within the county are authorized to designate an alternate representative, who shall have full authority to vote and participate in all activities of the joint economic and community development board and its executive committee. An alternate appointed to serve on the joint economic and community development board or its executive committee shall have experience or education in the fields of public administration, economic and community development or planning, and be able to speak for the entity represented.

Acts 1998, ch. 1101, § 15; 2003, ch. 90, § 2; 2005, ch. 245, §§ 2, 3; 2006, ch. 608, § 1.

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.

Cross-References. Open meetings law, title 8, ch. 44.

Attorney General Opinions. Meetings of county economic development board during which it carries out its function as a joint economic and community development board under T.C.A. § 6-58-114 are subject to the Open Meetings Act, OAG 03-091, 2003 Tenn. AG LEXIS 109 (7/24/03).

Municipality that is not participating in or helping fund local joint economic and community development board would not be eligible for a grant, OAG 05-109, 2005 Tenn. AG LEXIS 111 (7/11/05).

Authority of a joint economic development board the board to acquire an industrial building and lease it to a private business on behalf of all of its constituent members, OAG 05-176 (12/13/05).

Compliance with T.C.A. § 6-58-114, OAG 06-151 (10/2/06).

Applicability of the Public Records Act to records of a county economic development agency, OAG 07-170, 2007 Tenn. AG LEXIS 170 (12/21/07).

Conflicts of interest: joint economic and community development boards.  OAG 12-09, 2012 Tenn. AG LEXIS 10 (1/20/12).