Tenn. Code Ann. § 6-58-106 — TN Code / Title 6 / Chapter 58 / Section 6-58-106
Urban growth boundaries - Proposal - Hearing - Rural areas
Status: in_force

(a) (1) The urban growth boundaries of a municipality shall: (A) Identify territory that is reasonably compact yet sufficiently large to accommodate residential and nonresidential growth projected to occur during the next twenty (20) years; (B) Identify territory that is contiguous to the existing boundaries of the municipality; (C) 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; (D) Identify territory in which the municipality is better able and prepared than other municipalities to efficiently and effectively provide urban services; and (E) 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. (b) (1) Each planned growth area of a county shall: (A) Identify territory that is reasonably compact yet sufficiently large to accommodate residential and nonresidential growth projected to occur during the next twenty (20) years; (B) Identify territory that is not within the existing boundaries of any municipality; (C) 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); (D) Identify territory that is not contained within urban growth boundaries; and (E) 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. (c) (1) Each rural area shall: (A) Identify territory that is not within urban growth boundaries; (B) Identify territory that is not within a planned growth area; (C) 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 (D) 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. (d) 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.
(a) (1) The urban growth boundaries of a municipality shall: (A) Identify territory that is reasonably compact yet sufficiently large to accommodate residential and nonresidential growth projected to occur during the next twenty (20) years; (B) Identify territory that is contiguous to the existing boundaries of the municipality; (C) 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; (D) Identify territory in which the municipality is better able and prepared than other municipalities to efficiently and effectively provide urban services; and (E) 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.
(1) The urban growth boundaries of a municipality shall: (A) Identify territory that is reasonably compact yet sufficiently large to accommodate residential and nonresidential growth projected to occur during the next twenty (20) years; (B) Identify territory that is contiguous to the existing boundaries of the municipality; (C) 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; (D) Identify territory in which the municipality is better able and prepared than other municipalities to efficiently and effectively provide urban services; and (E) 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.
(A) Identify territory that is reasonably compact yet sufficiently large to accommodate residential and nonresidential growth projected to occur during the next twenty (20) years;
(B) Identify territory that is contiguous to the existing boundaries of the municipality;
(C) 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;
(D) Identify territory in which the municipality is better able and prepared than other municipalities to efficiently and effectively provide urban services; and
(E) 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.
(b) (1) Each planned growth area of a county shall: (A) Identify territory that is reasonably compact yet sufficiently large to accommodate residential and nonresidential growth projected to occur during the next twenty (20) years; (B) Identify territory that is not within the existing boundaries of any municipality; (C) 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); (D) Identify territory that is not contained within urban growth boundaries; and (E) 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.
(1) Each planned growth area of a county shall: (A) Identify territory that is reasonably compact yet sufficiently large to accommodate residential and nonresidential growth projected to occur during the next twenty (20) years; (B) Identify territory that is not within the existing boundaries of any municipality; (C) 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); (D) Identify territory that is not contained within urban growth boundaries; and (E) 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.
(A) Identify territory that is reasonably compact yet sufficiently large to accommodate residential and nonresidential growth projected to occur during the next twenty (20) years;
(B) Identify territory that is not within the existing boundaries of any municipality;
(C) 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);
(D) Identify territory that is not contained within urban growth boundaries; and
(E) 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.
(c) (1) Each rural area shall: (A) Identify territory that is not within urban growth boundaries; (B) Identify territory that is not within a planned growth area; (C) 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 (D) 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.
(1) Each rural area shall: (A) Identify territory that is not within urban growth boundaries; (B) Identify territory that is not within a planned growth area; (C) 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 (D) 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.
(A) Identify territory that is not within urban growth boundaries;
(B) Identify territory that is not within a planned growth area;
(C) 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
(D) 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.
(d) 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.
Tenn. Code Ann. § 6-35-314 — TN Code / Title 6 / Chapter 35 / Section 6-35-314
Financial records of utilities
Status: in_force

Separate financial and accounting records shall be maintained for each utility in accordance with accepted principles of utility accounting and as may be required by the city council, without impairing the authority of the city to manage and operate the utilities with the same personnel and equipment. Acts 1957, ch. 238, § 7.35; T.C.A., § 6-3535.
Separate financial and accounting records shall be maintained for each utility in accordance with accepted principles of utility accounting and as may be required by the city council, without impairing the authority of the city to manage and operate the utilities with the same personnel and equipment.
Acts 1957, ch. 238, § 7.35; T.C.A., § 6-3535.
Tenn. Code Ann. § 6-54-503 — TN Code / Title 6 / Chapter 54 / Section 6-54-503
Adoption of amendments by reference
Status: in_force

(a) Any amendment that may be made to any code or public record incorporated by reference by a municipality under this part, may be likewise adopted by reference; provided, that an amended or corrected copy is filed with the clerk or recorder of such municipality for inspection, use, and examination by the public. (b) Ordinances adopting amendments by reference shall be required to be published as any other ordinances of the municipality and the requirements as to prior filing before passage shall apply likewise to amendments. Acts 1951, ch. 216, § 5 (Williams, § 3336.10); T.C.A. (orig. ed.), § 6-622; Acts 1989, ch. 245, § 4.
(a) Any amendment that may be made to any code or public record incorporated by reference by a municipality under this part, may be likewise adopted by reference; provided, that an amended or corrected copy is filed with the clerk or recorder of such municipality for inspection, use, and examination by the public.
(b) Ordinances adopting amendments by reference shall be required to be published as any other ordinances of the municipality and the requirements as to prior filing before passage shall apply likewise to amendments.
Acts 1951, ch. 216, § 5 (Williams, § 3336.10); T.C.A. (orig. ed.), § 6-622; Acts 1989, ch. 245, § 4.
Tenn. Code Ann. § 6-3-105 — TN Code / Title 6 / Chapter 3 / Section 6-3-105
Oaths of office
Status: in_force

The mayor, after the mayor's election, shall take an oath of office to support the constitution of the state and faithfully discharge the duties of the mayor's office, before any officer authorized to administer oaths. This officer or the mayor shall then induct the aldermen into office by administering to them a similar oath of office. Oaths of office shall be filed in the archives of the municipality. Acts 1991, ch. 154, § 1.
The mayor, after the mayor's election, shall take an oath of office to support the constitution of the state and faithfully discharge the duties of the mayor's office, before any officer authorized to administer oaths. This officer or the mayor shall then induct the aldermen into office by administering to them a similar oath of office. Oaths of office shall be filed in the archives of the municipality.
Acts 1991, ch. 154, § 1.
Tenn. Code Ann. § 6-34-205 — TN Code / Title 6 / Chapter 34 / Section 6-34-205
Previous year's levy to continue if no levy made
Status: in_force

If no levy is made at the time fixed for the levy, the previous year's levy shall continue in effect. Acts 1957, ch. 238, § 6.12; T.C.A., § 6-3409.
If no levy is made at the time fixed for the levy, the previous year's levy shall continue in effect.
Acts 1957, ch. 238, § 6.12; T.C.A., § 6-3409.
Tenn. Code Ann. § 6-31-112 — TN Code / Title 6 / Chapter 31 / Section 6-31-112
Oath of office - Bond
Status: in_force

(a) 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 ____________________." (b) 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.
(a) 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 ____________________."
"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 ____________________."
(b) 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.
Tenn. Code Ann. § 6-54-802 — TN Code / Title 6 / Chapter 54 / Section 6-54-802
Adoption of part - Application of part
Status: in_force

(a) Notwithstanding any law to the contrary, the governing body of any municipality may by ordinance adopt this part to establish and to authorize the payment of the minimum retirement allowance provided in § 6-54-803 . The adoption of this part shall not authorize a decrease in the retirement allowance presently being paid to any retired employee. The adoption of this part by a municipality shall be permanent and such action may not be repealed to the detriment of any retired employee or such retired employee's survivor or beneficiary. (b) If the department of any municipality has more than one (1) retirement system or pension plan for its retired employees, the adoption of this part by the governing body of the municipality shall not affect any provisions of such retirement system or pension plan, except as is necessary to provide the minimum retirement allowance established in subsection (a). (c) This part shall not apply to retirement allowances of municipal employees under the Tennessee state retirement system. (d) This part shall not apply to any retirement system, pension plan or division thereof in which the member's or beneficiary's benefits are computed in conjunction with or reduced by social security benefits. Acts 1971, ch. 397, § 2; T.C.A., § 6-659.
(a) Notwithstanding any law to the contrary, the governing body of any municipality may by ordinance adopt this part to establish and to authorize the payment of the minimum retirement allowance provided in § 6-54-803 . The adoption of this part shall not authorize a decrease in the retirement allowance presently being paid to any retired employee. The adoption of this part by a municipality shall be permanent and such action may not be repealed to the detriment of any retired employee or such retired employee's survivor or beneficiary.
(b) If the department of any municipality has more than one (1) retirement system or pension plan for its retired employees, the adoption of this part by the governing body of the municipality shall not affect any provisions of such retirement system or pension plan, except as is necessary to provide the minimum retirement allowance established in subsection (a).
(c) This part shall not apply to retirement allowances of municipal employees under the Tennessee state retirement system.
(d) This part shall not apply to any retirement system, pension plan or division thereof in which the member's or beneficiary's benefits are computed in conjunction with or reduced by social security benefits.
Acts 1971, ch. 397, § 2; T.C.A., § 6-659.
Tenn. Code Ann. § 6-20-110 — TN Code / Title 6 / Chapter 20 / Section 6-20-110
Vacancies
Status: in_force

(a) 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. (b) If, within ninety (90) days of the occurrence of a vacancy, the vacancy has not been filled by the remaining members of the board 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 (90) period. Notwithstanding the foregoing, the remaining members of the board may, by two-thirds (2/3) vote, notify the county election commission of the board's intent to fill the vacancy by special election at any time prior to the passage of the 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. Amended by 2023 Tenn. Acts, ch. 163, s 1, eff. 4/17/2023. 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.
(a) 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.
(b) If, within ninety (90) days of the occurrence of a vacancy, the vacancy has not been filled by the remaining members of the board 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 (90) period. Notwithstanding the foregoing, the remaining members of the board may, by two-thirds (2/3) vote, notify the county election commission of the board's intent to fill the vacancy by special election at any time prior to the passage of the 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.
Amended by 2023 Tenn. Acts, ch. 163, s 1, eff. 4/17/2023.
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.
Tenn. Code Ann. § 6-54-1012 — TN Code / Title 6 / Chapter 54 / Section 6-54-1012
Regulating course of proceedings - Full disclosure of relevant facts and issues - Hearing open to public
Status: in_force

(a) The administrative hearing officer shall regulate the course of the proceedings, in conformity with the prehearing order, if any. (b) To the extent necessary for full disclosure of all relevant facts and issues, the administrative hearing officer shall afford to all parties the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence, except as restricted by a limited grant of intervention or by the prehearing order. (c) In the discretion of the administrative hearing officer and by agreement of the parties, all or part of the hearing may be conducted by telephone, television or other electronic means, if each participant in the hearing has an opportunity to participate in, to hear, and, if technically feasible, to see the entire proceedings while taking place. (d) The hearing shall be open to public observation pursuant to title 8, chapter 44, unless otherwise provided by state or federal law. To the extent that a hearing is conducted by telephone, television or other electronic means, the availability of public observation shall be satisfied by giving members of the public an opportunity, at reasonable times, to hear the tape recording and to inspect any transcript produced, if any. Acts 2010, ch. 1128, § 1.
(a) The administrative hearing officer shall regulate the course of the proceedings, in conformity with the prehearing order, if any.
(b) To the extent necessary for full disclosure of all relevant facts and issues, the administrative hearing officer shall afford to all parties the opportunity to respond, present evidence and argument, conduct cross-examination, and submit rebuttal evidence, except as restricted by a limited grant of intervention or by the prehearing order.
(c) In the discretion of the administrative hearing officer and by agreement of the parties, all or part of the hearing may be conducted by telephone, television or other electronic means, if each participant in the hearing has an opportunity to participate in, to hear, and, if technically feasible, to see the entire proceedings while taking place.
(d) The hearing shall be open to public observation pursuant to title 8, chapter 44, unless otherwise provided by state or federal law. To the extent that a hearing is conducted by telephone, television or other electronic means, the availability of public observation shall be satisfied by giving members of the public an opportunity, at reasonable times, to hear the tape recording and to inspect any transcript produced, if any.
Acts 2010, ch. 1128, § 1.
Tenn. Code Ann. § 6-21-103 — TN Code / Title 6 / Chapter 21 / Section 6-21-103
Oath of office
Status: in_force

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.
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.
Tenn. Code Ann. § 6-33-107 — TN Code / Title 6 / Chapter 33 / Section 6-33-107
Intergovernmental and interlocal agreements and contracts
Status: in_force

(a) In addition to other powers granted in this charter, the city council has the power to contract and cooperate with any other municipality or other political subdivision of the state, or with an elective or appointive official thereof, or with any duly authorized agency of the federal or state government for: (1) The planning, development, construction, acquisition, or operation of any public improvement, utility, or facility; (2) A common public service; (3) Having the same individuals serve as officers or employees in more than one (1) political subdivision or federal or state agency, or any of these subdivisions or agencies, on a part-time basis in each; (4) The construction or operation of federally-owned utilities and other property on behalf of the federal government; (5) The acquisition by gift or by transfer or by purchase of federal property and if by purchase for the financing of its acquisition; (6) Entering into contracts relating to acceptance of payments in lieu of taxes or state, federal, or other contributions; and (7) The furnishing of services to the federal government and its designees, outside the city limits as well as within. (b) The subject and purpose of any such contract or cooperative action made and entered into by the council shall be within the scope of the powers of the city. Acts 1957, ch. 238, § 6.15; T.C.A., § 6-3307.
(a) In addition to other powers granted in this charter, the city council has the power to contract and cooperate with any other municipality or other political subdivision of the state, or with an elective or appointive official thereof, or with any duly authorized agency of the federal or state government for: (1) The planning, development, construction, acquisition, or operation of any public improvement, utility, or facility; (2) A common public service; (3) Having the same individuals serve as officers or employees in more than one (1) political subdivision or federal or state agency, or any of these subdivisions or agencies, on a part-time basis in each; (4) The construction or operation of federally-owned utilities and other property on behalf of the federal government; (5) The acquisition by gift or by transfer or by purchase of federal property and if by purchase for the financing of its acquisition; (6) Entering into contracts relating to acceptance of payments in lieu of taxes or state, federal, or other contributions; and (7) The furnishing of services to the federal government and its designees, outside the city limits as well as within.
(1) The planning, development, construction, acquisition, or operation of any public improvement, utility, or facility;
(2) A common public service;
(3) Having the same individuals serve as officers or employees in more than one (1) political subdivision or federal or state agency, or any of these subdivisions or agencies, on a part-time basis in each;
(4) The construction or operation of federally-owned utilities and other property on behalf of the federal government;
(5) The acquisition by gift or by transfer or by purchase of federal property and if by purchase for the financing of its acquisition;
(6) Entering into contracts relating to acceptance of payments in lieu of taxes or state, federal, or other contributions; and
(7) The furnishing of services to the federal government and its designees, outside the city limits as well as within.
(b) The subject and purpose of any such contract or cooperative action made and entered into by the council shall be within the scope of the powers of the city.
Acts 1957, ch. 238, § 6.15; T.C.A., § 6-3307.
Tenn. Code Ann. § 6-35-201 — TN Code / Title 6 / Chapter 35 / Section 6-35-201
Appointment and qualifications
Status: in_force

(a) The council shall appoint a chief administrative officer of the city who shall be the city manager, and who shall serve at the pleasure of the council. (b) (1) The manager shall be selected on the basis of training, experience, and other administrative qualifications for the office and without regard to such person's political or religious preference or such person's place of residence at the time of appointment. (2) No council member shall be eligible for the position of manager within two (2) years after the expiration of the member's latest councilmanic term. Acts 1957, ch. 238, § 7.01; T.C.A., § 6-3501.
(a) The council shall appoint a chief administrative officer of the city who shall be the city manager, and who shall serve at the pleasure of the council.
(b) (1) The manager shall be selected on the basis of training, experience, and other administrative qualifications for the office and without regard to such person's political or religious preference or such person's place of residence at the time of appointment. (2) No council member shall be eligible for the position of manager within two (2) years after the expiration of the member's latest councilmanic term.
(1) The manager shall be selected on the basis of training, experience, and other administrative qualifications for the office and without regard to such person's political or religious preference or such person's place of residence at the time of appointment.
(2) No council member shall be eligible for the position of manager within two (2) years after the expiration of the member's latest councilmanic term.
Acts 1957, ch. 238, § 7.01; T.C.A., § 6-3501.
Tenn. Code Ann. § 6-21-702 — TN Code / Title 6 / Chapter 21 / Section 6-21-702
Duties
Status: in_force

It is the duty of the chief of the fire department and the members thereof to take all proper steps for fire prevention and suppression. Acts 1921, ch. 173, art. 19, § 2; Shan. Supp., § 1997a233; Code 1932, § 3631; T.C.A. (orig. ed.), § 6-2134.
It is the duty of the chief of the fire department and the members thereof to take all proper steps for fire prevention and suppression.
Acts 1921, ch. 173, art. 19, § 2; Shan. Supp., § 1997a233; Code 1932, § 3631; T.C.A. (orig. ed.), § 6-2134.
Tenn. Code Ann. § 6-56-106 — TN Code / Title 6 / Chapter 56 / Section 6-56-106
Authorized investments
Status: in_force

(a) 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 equal to or higher than bonds, notes, or treasury bills of the United States by at least two (2) nationally recognized statistical rating organizations as identified by the United States securities and exchange commission: (A) The federal home loan bank; (B) The federal national mortgage association; (C) The federal farm credit bank; and (D) 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) (A) 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: (i) Prime banker's acceptances that are eligible for purchase by the federal reserve system; and (ii) Prime commercial paper that is rated at least A1 or equivalent by at least two (2) nationally recognized statistical rating organizations as identified by the United States securities and exchange commission; (B) 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: (i) Such paper shall be rated in the highest category by at least two (2) nationally recognized statistical rating organizations as identified by the United States securities and exchange commission; (ii) The paper shall have a remaining maturity of ninety (90) days or less; (C) 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) (A) 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: (i) The municipality's legislative body must authorize the investment by ordinance; and (ii) 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. (B) 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. (b) 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. (c) (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: (A) Are rated in either of the two (2) highest-rated categories by any nationally recognized statistical rating organization as identified by the United States securities and exchange commission; (B) Are direct general obligations of a state of the United States, or a political subdivision or instrumentality thereof, having general taxing powers; and (C) 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. (d) The investments authorized by this section are in addition to those authorized in any other general law or in any municipality's charter. Amended by 2024 Tenn. Acts, ch. 538,s 8, eff. 3/7/2024. Amended by 2024 Tenn. Acts, ch. 538,s 7, eff. 3/7/2024. Amended by 2024 Tenn. Acts, ch. 538,s 6, eff. 3/7/2024. Amended by 2024 Tenn. Acts, ch. 538,s 5, eff. 3/7/2024. 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.
(a) 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 equal to or higher than bonds, notes, or treasury bills of the United States by at least two (2) nationally recognized statistical rating organizations as identified by the United States securities and exchange commission: (A) The federal home loan bank; (B) The federal national mortgage association; (C) The federal farm credit bank; and (D) 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) (A) 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: (i) Prime banker's acceptances that are eligible for purchase by the federal reserve system; and (ii) Prime commercial paper that is rated at least A1 or equivalent by at least two (2) nationally recognized statistical rating organizations as identified by the United States securities and exchange commission; (B) 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: (i) Such paper shall be rated in the highest category by at least two (2) nationally recognized statistical rating organizations as identified by the United States securities and exchange commission; (ii) The paper shall have a remaining maturity of ninety (90) days or less; (C) 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) (A) 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: (i) The municipality's legislative body must authorize the investment by ordinance; and (ii) 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. (B) 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.
(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 equal to or higher than bonds, notes, or treasury bills of the United States by at least two (2) nationally recognized statistical rating organizations as identified by the United States securities and exchange commission: (A) The federal home loan bank; (B) The federal national mortgage association; (C) The federal farm credit bank; and (D) The federal home loan mortgage corporation;
(A) The federal home loan bank;
(B) The federal national mortgage association;
(C) The federal farm credit bank; and
(D) 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) (A) 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: (i) Prime banker's acceptances that are eligible for purchase by the federal reserve system; and (ii) Prime commercial paper that is rated at least A1 or equivalent by at least two (2) nationally recognized statistical rating organizations as identified by the United States securities and exchange commission; (B) 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: (i) Such paper shall be rated in the highest category by at least two (2) nationally recognized statistical rating organizations as identified by the United States securities and exchange commission; (ii) The paper shall have a remaining maturity of ninety (90) days or less; (C) 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;
(A) 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: (i) Prime banker's acceptances that are eligible for purchase by the federal reserve system; and (ii) Prime commercial paper that is rated at least A1 or equivalent by at least two (2) nationally recognized statistical rating organizations as identified by the United States securities and exchange commission;
(i) Prime banker's acceptances that are eligible for purchase by the federal reserve system; and
(ii) Prime commercial paper that is rated at least A1 or equivalent by at least two (2) nationally recognized statistical rating organizations as identified by the United States securities and exchange commission;
(B) 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: (i) Such paper shall be rated in the highest category by at least two (2) nationally recognized statistical rating organizations as identified by the United States securities and exchange commission; (ii) The paper shall have a remaining maturity of ninety (90) days or less;
(i) Such paper shall be rated in the highest category by at least two (2) nationally recognized statistical rating organizations as identified by the United States securities and exchange commission;
(ii) The paper shall have a remaining maturity of ninety (90) days or less;
(C) 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) (A) 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: (i) The municipality's legislative body must authorize the investment by ordinance; and (ii) 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. (B) 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.
(A) 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: (i) The municipality's legislative body must authorize the investment by ordinance; and (ii) 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.
(i) The municipality's legislative body must authorize the investment by ordinance; and
(ii) 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.
(B) 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.
(b) 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.
(c) (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: (A) Are rated in either of the two (2) highest-rated categories by any nationally recognized statistical rating organization as identified by the United States securities and exchange commission; (B) Are direct general obligations of a state of the United States, or a political subdivision or instrumentality thereof, having general taxing powers; and (C) 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.
(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: (A) Are rated in either of the two (2) highest-rated categories by any nationally recognized statistical rating organization as identified by the United States securities and exchange commission; (B) Are direct general obligations of a state of the United States, or a political subdivision or instrumentality thereof, having general taxing powers; and (C) 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.
(A) Are rated in either of the two (2) highest-rated categories by any nationally recognized statistical rating organization as identified by the United States securities and exchange commission;
(B) Are direct general obligations of a state of the United States, or a political subdivision or instrumentality thereof, having general taxing powers; and
(C) 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.
(d) The investments authorized by this section are in addition to those authorized in any other general law or in any municipality's charter.
Amended by 2024 Tenn. Acts, ch. 538,s 8, eff. 3/7/2024.
Amended by 2024 Tenn. Acts, ch. 538,s 7, eff. 3/7/2024.
Amended by 2024 Tenn. Acts, ch. 538,s 6, eff. 3/7/2024.
Amended by 2024 Tenn. Acts, ch. 538,s 5, eff. 3/7/2024.
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.
Tenn. Code Ann. § 6-35-309 — TN Code / Title 6 / Chapter 35 / Section 6-35-309
Unexpended appropriation to lapse
Status: in_force

Any portion of an annual appropriation remaining unexpended and unencumbered at the close of a fiscal year shall lapse and be credited to the general fund, except that any balance remaining in any other fund at the end of a fiscal year may remain to the credit of that fund and be subject to further appropriation. Acts 1957, ch. 238, § 7.17; T.C.A., § 6-3516.
Any portion of an annual appropriation remaining unexpended and unencumbered at the close of a fiscal year shall lapse and be credited to the general fund, except that any balance remaining in any other fund at the end of a fiscal year may remain to the credit of that fund and be subject to further appropriation.
Acts 1957, ch. 238, § 7.17; T.C.A., § 6-3516.
Tenn. Code Ann. § 6-3-106 — TN Code / Title 6 / Chapter 3 / Section 6-3-106
Duties of mayor
Status: in_force

(a) The mayor: (1) Shall be the chief executive officer of the municipality and shall preside at meetings of the board; (2) Shall communicate any information needed, and recommend measures the mayor deems expedient to the board; (3) (A) Shall make temporary appointments of any officer or department head as those terms are defined in § 6-1-101 , except that of alderman, arising from the absence, sickness or disability of any such officer or department head, and shall report such appointment to the board at its next regular meeting; (B) The board may confirm or reject the mayor's temporary appointments, or, at its discretion, make its own temporary appointments. The board shall make appointments to fill vacancies in office; (4) (A) May call special meetings of the board upon adequate notice to the board and adequate public notice; (B) Shall state the matters to be considered at the special meeting and the action of the board shall be limited to those matters submitted; (5) Shall countersign checks and drafts drawn upon the treasury by the treasurer and sign all contracts to which the municipality is a party; (6) As a member of the board, may make motions and shall have a vote on all matters coming before the board; and (7) Shall make appointments to boards and commissions as authorized by law. (b) Unless otherwise designated by the board by ordinance, the mayor shall perform the following duties or may designate a department head or department heads to perform any of the following duties: (1) Those duties set forth in § 6-4-101 , if the board does not appoint a city administrator, or if someone else is not designated by the board to perform those duties; (2) (A) Employ, promote, discipline, suspend and discharge all employees and department heads, in accordance with personnel policies and procedures, if any, adopted by the board; (B) Nothing in this charter shall be construed as granting a property interest to employees or department heads in their continued employment; (3) Act as purchasing agent for the municipality in the purchase of all materials, supplies and equipment for the proper conduct of the municipality's business; provided, that all purchases shall be made in accordance with policies, practices and procedures established by the board; (4) Prepare and submit the annual budget and capital program to the board for their adoption by ordinance; and (5) Such other duties as may be designated or required by the board. Acts 1991, ch. 154, § 1; 1992, ch. 612, § 8; 1997, ch. 27, §§ 1, 3.
(a) The mayor: (1) Shall be the chief executive officer of the municipality and shall preside at meetings of the board; (2) Shall communicate any information needed, and recommend measures the mayor deems expedient to the board; (3) (A) Shall make temporary appointments of any officer or department head as those terms are defined in § 6-1-101 , except that of alderman, arising from the absence, sickness or disability of any such officer or department head, and shall report such appointment to the board at its next regular meeting; (B) The board may confirm or reject the mayor's temporary appointments, or, at its discretion, make its own temporary appointments. The board shall make appointments to fill vacancies in office; (4) (A) May call special meetings of the board upon adequate notice to the board and adequate public notice; (B) Shall state the matters to be considered at the special meeting and the action of the board shall be limited to those matters submitted; (5) Shall countersign checks and drafts drawn upon the treasury by the treasurer and sign all contracts to which the municipality is a party; (6) As a member of the board, may make motions and shall have a vote on all matters coming before the board; and (7) Shall make appointments to boards and commissions as authorized by law.
(1) Shall be the chief executive officer of the municipality and shall preside at meetings of the board;
(2) Shall communicate any information needed, and recommend measures the mayor deems expedient to the board;
(3) (A) Shall make temporary appointments of any officer or department head as those terms are defined in § 6-1-101 , except that of alderman, arising from the absence, sickness or disability of any such officer or department head, and shall report such appointment to the board at its next regular meeting; (B) The board may confirm or reject the mayor's temporary appointments, or, at its discretion, make its own temporary appointments. The board shall make appointments to fill vacancies in office;
(A) Shall make temporary appointments of any officer or department head as those terms are defined in § 6-1-101 , except that of alderman, arising from the absence, sickness or disability of any such officer or department head, and shall report such appointment to the board at its next regular meeting;
(B) The board may confirm or reject the mayor's temporary appointments, or, at its discretion, make its own temporary appointments. The board shall make appointments to fill vacancies in office;
(4) (A) May call special meetings of the board upon adequate notice to the board and adequate public notice; (B) Shall state the matters to be considered at the special meeting and the action of the board shall be limited to those matters submitted;
(A) May call special meetings of the board upon adequate notice to the board and adequate public notice;
(B) Shall state the matters to be considered at the special meeting and the action of the board shall be limited to those matters submitted;
(5) Shall countersign checks and drafts drawn upon the treasury by the treasurer and sign all contracts to which the municipality is a party;
(6) As a member of the board, may make motions and shall have a vote on all matters coming before the board; and
(7) Shall make appointments to boards and commissions as authorized by law.
(b) Unless otherwise designated by the board by ordinance, the mayor shall perform the following duties or may designate a department head or department heads to perform any of the following duties: (1) Those duties set forth in § 6-4-101 , if the board does not appoint a city administrator, or if someone else is not designated by the board to perform those duties; (2) (A) Employ, promote, discipline, suspend and discharge all employees and department heads, in accordance with personnel policies and procedures, if any, adopted by the board; (B) Nothing in this charter shall be construed as granting a property interest to employees or department heads in their continued employment; (3) Act as purchasing agent for the municipality in the purchase of all materials, supplies and equipment for the proper conduct of the municipality's business; provided, that all purchases shall be made in accordance with policies, practices and procedures established by the board; (4) Prepare and submit the annual budget and capital program to the board for their adoption by ordinance; and (5) Such other duties as may be designated or required by the board.
(1) Those duties set forth in § 6-4-101 , if the board does not appoint a city administrator, or if someone else is not designated by the board to perform those duties;
(2) (A) Employ, promote, discipline, suspend and discharge all employees and department heads, in accordance with personnel policies and procedures, if any, adopted by the board; (B) Nothing in this charter shall be construed as granting a property interest to employees or department heads in their continued employment;
(A) Employ, promote, discipline, suspend and discharge all employees and department heads, in accordance with personnel policies and procedures, if any, adopted by the board;
(B) Nothing in this charter shall be construed as granting a property interest to employees or department heads in their continued employment;
(3) Act as purchasing agent for the municipality in the purchase of all materials, supplies and equipment for the proper conduct of the municipality's business; provided, that all purchases shall be made in accordance with policies, practices and procedures established by the board;
(4) Prepare and submit the annual budget and capital program to the board for their adoption by ordinance; and
(5) Such other duties as may be designated or required by the board.
Acts 1991, ch. 154, § 1; 1992, ch. 612, § 8; 1997, ch. 27, §§ 1, 3.
Tenn. Code Ann. § 6-1-210 — TN Code / Title 6 / Chapter 1 / Section 6-1-210
General validation provision
Status: in_force

(a) The adoption, heretofore accomplished, of chapters 1 and 2 of this title, before June 30, 1991, by any territory or municipality is hereby ratified and validated in all respects. No flaw or defect or failure to comply with any technical requirement of incorporation shall invalidate any ordinance passed by any municipality incorporating under chapters 1-4 of this title, after June 30, 1991. (b) (1) Notwithstanding this chapter or any other law to the contrary, (A) IF the registered voters of any unincorporated territory approved a mayor-aldermanic charter and elected municipal officials, acting pursuant to this chapter on or before December 31, 1999; AND (B) IF, from the election of such officials until April 26, 2001, the territory has continuously functioned as a mayor-aldermanic municipality; AND (C) IF the territory, between the date of such election and April 26, 2001, received and expended state funding allocated for municipalities; THEN (2) The adoption of such charter, the incorporation of such territory as a mayor-aldermanic municipality and the election of such officials are hereby ratified and validated in all respects; and no flaw or defect or failure to comply with any requirement of incorporation, set forth in § 6-1-201(b) , shall invalidate the territory's status as an incorporated municipality or invalidate any ordinance passed by the board. Acts 1991, ch. 154, § 1; 2001, ch. 129, § 1.
(a) The adoption, heretofore accomplished, of chapters 1 and 2 of this title, before June 30, 1991, by any territory or municipality is hereby ratified and validated in all respects. No flaw or defect or failure to comply with any technical requirement of incorporation shall invalidate any ordinance passed by any municipality incorporating under chapters 1-4 of this title, after June 30, 1991.
(b) (1) Notwithstanding this chapter or any other law to the contrary, (A) IF the registered voters of any unincorporated territory approved a mayor-aldermanic charter and elected municipal officials, acting pursuant to this chapter on or before December 31, 1999; AND (B) IF, from the election of such officials until April 26, 2001, the territory has continuously functioned as a mayor-aldermanic municipality; AND (C) IF the territory, between the date of such election and April 26, 2001, received and expended state funding allocated for municipalities; THEN (2) The adoption of such charter, the incorporation of such territory as a mayor-aldermanic municipality and the election of such officials are hereby ratified and validated in all respects; and no flaw or defect or failure to comply with any requirement of incorporation, set forth in § 6-1-201(b) , shall invalidate the territory's status as an incorporated municipality or invalidate any ordinance passed by the board.
(1) Notwithstanding this chapter or any other law to the contrary, (A) IF the registered voters of any unincorporated territory approved a mayor-aldermanic charter and elected municipal officials, acting pursuant to this chapter on or before December 31, 1999; AND (B) IF, from the election of such officials until April 26, 2001, the territory has continuously functioned as a mayor-aldermanic municipality; AND (C) IF the territory, between the date of such election and April 26, 2001, received and expended state funding allocated for municipalities; THEN
(A) IF the registered voters of any unincorporated territory approved a mayor-aldermanic charter and elected municipal officials, acting pursuant to this chapter on or before December 31, 1999; AND
(B) IF, from the election of such officials until April 26, 2001, the territory has continuously functioned as a mayor-aldermanic municipality; AND
(C) IF the territory, between the date of such election and April 26, 2001, received and expended state funding allocated for municipalities; THEN
(2) The adoption of such charter, the incorporation of such territory as a mayor-aldermanic municipality and the election of such officials are hereby ratified and validated in all respects; and no flaw or defect or failure to comply with any requirement of incorporation, set forth in § 6-1-201(b) , shall invalidate the territory's status as an incorporated municipality or invalidate any ordinance passed by the board.
Acts 1991, ch. 154, § 1; 2001, ch. 129, § 1.
Tenn. Code Ann. § 6-54-140 — TN Code / Title 6 / Chapter 54 / Section 6-54-140
Authority for municipal governments to display historic documents on public buildings and grounds
Status: in_force

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.
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.
Tenn. Code Ann. § 6-1-208 — TN Code / Title 6 / Chapter 1 / Section 6-1-208
Succession to old corporation
Status: in_force

(a) (1) This charter shall take effect in any municipality immediately after the election and qualification of the first board of mayor and aldermen, and any then-existing charter of the municipality shall immediately become null and void. (2) The right, title and ownership of all property of the municipality and all of its uncollected taxes, dues, claims, judgments, and choses in action, and all of its rights of every kind whatsoever, shall immediately become vested in the new corporation chartered under chapters 1-4 of this title. (3) The new corporation shall answer and be liable for all debts, contracts and obligations of the corporation it succeeds in the same manner and proportion and to the same extent as the former corporation was liable under existing laws. (4) All ordinances, resolutions and bylaws duly enacted and in force under the preexisting charter and not inconsistent with this charter shall remain in full force until repealed, modified or amended. (b) Any zoning ordinance applicable to any territory incorporated under this charter shall continue to apply to that territory until the municipality enacts a zoning ordinance, or enacts an ordinance rescinding the zoning that applied to such territory. Acts 1991, ch. 154, § 1.
(a) (1) This charter shall take effect in any municipality immediately after the election and qualification of the first board of mayor and aldermen, and any then-existing charter of the municipality shall immediately become null and void. (2) The right, title and ownership of all property of the municipality and all of its uncollected taxes, dues, claims, judgments, and choses in action, and all of its rights of every kind whatsoever, shall immediately become vested in the new corporation chartered under chapters 1-4 of this title. (3) The new corporation shall answer and be liable for all debts, contracts and obligations of the corporation it succeeds in the same manner and proportion and to the same extent as the former corporation was liable under existing laws. (4) All ordinances, resolutions and bylaws duly enacted and in force under the preexisting charter and not inconsistent with this charter shall remain in full force until repealed, modified or amended.
(1) This charter shall take effect in any municipality immediately after the election and qualification of the first board of mayor and aldermen, and any then-existing charter of the municipality shall immediately become null and void.
(2) The right, title and ownership of all property of the municipality and all of its uncollected taxes, dues, claims, judgments, and choses in action, and all of its rights of every kind whatsoever, shall immediately become vested in the new corporation chartered under chapters 1-4 of this title.
(3) The new corporation shall answer and be liable for all debts, contracts and obligations of the corporation it succeeds in the same manner and proportion and to the same extent as the former corporation was liable under existing laws.
(4) All ordinances, resolutions and bylaws duly enacted and in force under the preexisting charter and not inconsistent with this charter shall remain in full force until repealed, modified or amended.
(b) Any zoning ordinance applicable to any territory incorporated under this charter shall continue to apply to that territory until the municipality enacts a zoning ordinance, or enacts an ordinance rescinding the zoning that applied to such territory.
Acts 1991, ch. 154, § 1.
Tenn. Code Ann. § 6-30-104 — TN Code / Title 6 / Chapter 30 / Section 6-30-104
Procedure for adoption or surrender of charter
Status: in_force

(a) The adoption or surrender of chapters 30-36 of this title shall be accomplished in the same manner as is provided in §§ 6-18-104(c) , 6-18-105 - 6-18-113 and 6-30-106 for the adoption or surrender of the uniform city manager-commission charter; provided, that where those sections refer to chapters 18-22 of this title "chapters 30-36 of this title" shall be substituted; that where the uniform city manager-commission charter is referred to "modified city manager-council charter" shall be substituted; and that where commissioners are referred to, "council members" shall be substituted. (b) No unincorporated territory shall be allowed to hold a referendum on the question of whether or not to incorporate under this charter until a plan of services is documented, setting forth the identification and projected timing of municipal services proposed to be provided and the revenue from purely local sources to be payable annually. The plan of services shall be attached to the petition to incorporate when such petition is filed with the county election commission. The plan of services shall include, but not be limited to, police protection, fire protection, water service, sanitary sewage system, solid waste disposal, road and street construction and repair, recreational facilities, a proposed five-year operational budget, including projected revenues and expenditures, and the revenue from purely local sources to be payable annually. Municipalities that are first incorporated on or after July 1, 1993, that produce no local own-source revenues in any fiscal year, shall not receive any state-shared revenues during the next fiscal year. (c) Prior to filing the petition with the county election commission, a public hearing on the referendum on the question of whether or not to incorporate under this charter and plan of services shall be conducted. The public hearing shall be advertised in a newspaper of general circulation for two (2) consecutive weeks. Acts 1957, ch. 238, § 1.04; 1959, ch. 139, § 1; T.C.A., § 6-3004; Acts 1983, ch. 33, § 6; 1993, ch. 320, § 8.
(a) The adoption or surrender of chapters 30-36 of this title shall be accomplished in the same manner as is provided in §§ 6-18-104(c) , 6-18-105 - 6-18-113 and 6-30-106 for the adoption or surrender of the uniform city manager-commission charter; provided, that where those sections refer to chapters 18-22 of this title "chapters 30-36 of this title" shall be substituted; that where the uniform city manager-commission charter is referred to "modified city manager-council charter" shall be substituted; and that where commissioners are referred to, "council members" shall be substituted.
(b) No unincorporated territory shall be allowed to hold a referendum on the question of whether or not to incorporate under this charter until a plan of services is documented, setting forth the identification and projected timing of municipal services proposed to be provided and the revenue from purely local sources to be payable annually. The plan of services shall be attached to the petition to incorporate when such petition is filed with the county election commission. The plan of services shall include, but not be limited to, police protection, fire protection, water service, sanitary sewage system, solid waste disposal, road and street construction and repair, recreational facilities, a proposed five-year operational budget, including projected revenues and expenditures, and the revenue from purely local sources to be payable annually. Municipalities that are first incorporated on or after July 1, 1993, that produce no local own-source revenues in any fiscal year, shall not receive any state-shared revenues during the next fiscal year.
(c) Prior to filing the petition with the county election commission, a public hearing on the referendum on the question of whether or not to incorporate under this charter and plan of services shall be conducted. The public hearing shall be advertised in a newspaper of general circulation for two (2) consecutive weeks.
Acts 1957, ch. 238, § 1.04; 1959, ch. 139, § 1; T.C.A., § 6-3004; Acts 1983, ch. 33, § 6; 1993, ch. 320, § 8.
Tenn. Code Ann. § 6-56-305 — TN Code / Title 6 / Chapter 56 / Section 6-56-305
Purchasing procedures when less than maximum threshold
Status: in_force

All purchases, leases, or lease-purchase agreements with expenditures of less than the maximum applicable threshold established pursuant to § 12-3-1212 in a fiscal year may be made in the open market without newspaper notice, but must, wherever possible, be based upon at least three (3) competitive bids. Amended by 2024 Tenn. Acts, ch. 513,s 8, eff. 3/1/2024. Acts 1983, ch. 451, § 11; 1984, ch. 765, § 5; 2006, ch. 610, § 1.
All purchases, leases, or lease-purchase agreements with expenditures of less than the maximum applicable threshold established pursuant to § 12-3-1212 in a fiscal year may be made in the open market without newspaper notice, but must, wherever possible, be based upon at least three (3) competitive bids.
Amended by 2024 Tenn. Acts, ch. 513,s 8, eff. 3/1/2024.
Acts 1983, ch. 451, § 11; 1984, ch. 765, § 5; 2006, ch. 610, § 1.
Tenn. Code Ann. § 6-35-404 — TN Code / Title 6 / Chapter 35 / Section 6-35-404
Manager to administer personnel system
Status: in_force

(a) The manager shall be responsible for the administration of the merit system. The manager shall: (1) With the advice of the personnel advisory board, develop, maintain, and apply suitable provisions for the classification of positions and for the recruitment, compensation, training, promotions and disciplinary and related aspects of personnel management; and (2) Develop and revise, as necessary, a comprehensive pay plan and personnel rules setting forth employment conditions. (b) The personnel advisory board shall review such plans and rules and proposed revisions thereof, and submit them to the council with recommendations for adoption. Acts 1957, ch. 238, § 7.25; T.C.A., § 6-3525.
(a) The manager shall be responsible for the administration of the merit system. The manager shall: (1) With the advice of the personnel advisory board, develop, maintain, and apply suitable provisions for the classification of positions and for the recruitment, compensation, training, promotions and disciplinary and related aspects of personnel management; and (2) Develop and revise, as necessary, a comprehensive pay plan and personnel rules setting forth employment conditions.
(1) With the advice of the personnel advisory board, develop, maintain, and apply suitable provisions for the classification of positions and for the recruitment, compensation, training, promotions and disciplinary and related aspects of personnel management; and
(2) Develop and revise, as necessary, a comprehensive pay plan and personnel rules setting forth employment conditions.
(b) The personnel advisory board shall review such plans and rules and proposed revisions thereof, and submit them to the council with recommendations for adoption.
Acts 1957, ch. 238, § 7.25; T.C.A., § 6-3525.
Tenn. Code Ann. § 6-1-101 — TN Code / Title 6 / Chapter 1 / Section 6-1-101
Charter definitions
Status: in_force

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.
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.
Tenn. Code Ann. § 6-51-103 — TN Code / Title 6 / Chapter 51 / Section 6-51-103
Quo warranto to contest annexation ordinance - Appellate review
Status: in_force

(a) (1) (A) 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. (B) Subdivision (a)(1)(A) does not apply to the counties covered by subdivision (a)(2). (2) (A) 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. (B) Subdivision (a)(2)(A) shall apply only in counties having a metropolitan form of government and in counties having populations of: not less than not 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. (b) 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. (c) The municipality shall have the burden of proving that an annexation ordinance is reasonable for the overall well-being of the communities involved. (d) (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. (e) 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. (f) 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. (g) 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. (h) 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. (i) 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. Added by 2013 Tenn. Acts, ch. 462, s 4, eff. 5/20/2013. Amended by 2013 Tenn. Acts, ch. 462, s 3, eff. 5/20/2013. 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.
(a) (1) (A) 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. (B) Subdivision (a)(1)(A) does not apply to the counties covered by subdivision (a)(2). (2) (A) 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. (B) Subdivision (a)(2)(A) shall apply only in counties having a metropolitan form of government and in counties having populations of: not less than not more than 4,000 4,300 14,940 15,000 43,700 44,700 49,400 49,500 58,000 59,000 67,300 67,400 74,500 74,600 100,000 250,000 475,000 480,000 700,000 according to the 1980 federal census or any subsequent federal census, and in any county with a population of not less than two hundred eighty-five thousand (285,000) and not more than two-hundred ninety thousand (290,000) based upon the 1980 federal census.
(1) (A) 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. (B) Subdivision (a)(1)(A) does not apply to the counties covered by subdivision (a)(2).
(A) 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.
(B) Subdivision (a)(1)(A) does not apply to the counties covered by subdivision (a)(2).
(2) (A) 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. (B) Subdivision (a)(2)(A) shall apply only in counties having a metropolitan form of government and in counties having populations of: not less than not 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.
(A) 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.
(B) Subdivision (a)(2)(A) shall apply only in counties having a metropolitan form of government and in counties having populations of: not less than not 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.
not less than not 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
not less than
not 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.
(b) 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.
(c) The municipality shall have the burden of proving that an annexation ordinance is reasonable for the overall well-being of the communities involved.
(d) (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.
(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.
(e) 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.
(f) 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.
(g) 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.
(h) 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.
(i) 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.
Added by 2013 Tenn. Acts, ch. 462, s 4, eff. 5/20/2013.
Amended by 2013 Tenn. Acts, ch. 462, s 3, eff. 5/20/2013.
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.
Tenn. Code Ann. § 6-20-102 — TN Code / Title 6 / Chapter 20 / Section 6-20-102
Date of elections
Status: in_force

(a) 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. (b) 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. (c) (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. (d) (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: (A) 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 (B) 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., § 1977a; 128; 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.
(a) 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.
(b) 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.
(c) (1) The board of commissioners may by ordinance change the date of municipal elections to coincide with the August or November general election. The ordinance changing the election date shall provide for the extension of the terms of members of the board necessary to meet the election date, but no term may be extended for more than two (2) years beyond its regular expiration date. (2) Nothing in subdivision (c)(1) shall be construed to remove any incumbent from office or abridge the term of any incumbent prior to the end of the term for which an elected official was selected. (3) If the board of commissioners changes the date of municipal elections pursuant to subdivision (c)(1), the board may at a later date change the election date back to what such date was prior to moving the election date to coincide with the August or November general election. The board may only make an election date change under this subdivision (c)(3) one (1) time. Terms of incumbent members of the board shall not be abridged to accomplish an election date change under this subsection (c); however, members elected at a date change pursuant to this subsection (c) may take office at a later date so as to not abridge terms of incumbent members. If such members take office at a later date, their term may be abridged due to such members having to take office at the later date.
(1) 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.
(d) (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: (A) 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 (B) 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.
(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: (A) 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 (B) 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.
(A) 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
(B) 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., § 1977a; 128; 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.
Tenn. Code Ann. § 6-20-105 — TN Code / Title 6 / Chapter 20 / Section 6-20-105
Calling elections
Status: in_force

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.
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.
Tenn. Code Ann. § 6-31-108 — TN Code / Title 6 / Chapter 31 / Section 6-31-108
Restrictions on candidates and supporters - Penalty
Status: in_force

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.
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.
Tenn. Code Ann. § 6-32-108 — TN Code / Title 6 / Chapter 32 / Section 6-32-108
Council rules - Transaction of business
Status: in_force

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 (1/2) 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.
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 (1/2) 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.
Tenn. Code Ann. § 6-30-106 — TN Code / Title 6 / Chapter 30 / Section 6-30-106
Election to adopt city manager form - Publication of notice - Applicability
Status: in_force

(a) An election for the purpose of determining whether or not chapters 30-36 of this title shall become effective for any city shall be called by the county election commission or, if the area is in two (2) or more counties, jointly by the county election commissions of the affected counties, upon the petition in writing of twenty percent (20%) of the number of registered voters of the city or territory voting at the last general election, which petition shall state therein the proposed corporate name and shall designate therein in a sufficient manner the boundaries of the proposed municipal corporation, which may be done by a general reference to the boundaries then existing if there is one, and the boundaries of the councilmanic districts, or shall have attached thereto a map of the area to be incorporated on which the councilmanic districts are shown. (b) The county election commission shall, in addition to all other notices required by law, publish one (1) notice of the election in a newspaper of general circulation within the territory of the city or of the proposed city and post the notice in at least ten (10) places in the territory. (c) Except for the provisions of chapters 30-36 of this title that are adopted by reference in other municipal charters, chapters 30-36 of this title apply only to those cities that have adopted chapters 30-36 of this title by referendum as authorized by law. Acts 1959, ch. 138, § 1; 1963, ch. 388, § 1; 1972, ch. 740, § 4(48); T.C.A., § 6-3006; Acts 1995, ch. 13, § 14; 1997, ch. 98, § 6.
(a) An election for the purpose of determining whether or not chapters 30-36 of this title shall become effective for any city shall be called by the county election commission or, if the area is in two (2) or more counties, jointly by the county election commissions of the affected counties, upon the petition in writing of twenty percent (20%) of the number of registered voters of the city or territory voting at the last general election, which petition shall state therein the proposed corporate name and shall designate therein in a sufficient manner the boundaries of the proposed municipal corporation, which may be done by a general reference to the boundaries then existing if there is one, and the boundaries of the councilmanic districts, or shall have attached thereto a map of the area to be incorporated on which the councilmanic districts are shown.
(b) The county election commission shall, in addition to all other notices required by law, publish one (1) notice of the election in a newspaper of general circulation within the territory of the city or of the proposed city and post the notice in at least ten (10) places in the territory.
(c) Except for the provisions of chapters 30-36 of this title that are adopted by reference in other municipal charters, chapters 30-36 of this title apply only to those cities that have adopted chapters 30-36 of this title by referendum as authorized by law.
Acts 1959, ch. 138, § 1; 1963, ch. 388, § 1; 1972, ch. 740, § 4(48); T.C.A., § 6-3006; Acts 1995, ch. 13, § 14; 1997, ch. 98, § 6.
Tenn. Code Ann. § 6-21-303 — TN Code / Title 6 / Chapter 21 / Section 6-21-303
Supervision of departments by manager
Status: in_force

The city manager shall supervise and control all departments now or hereafter created, except as otherwise provided by this charter. Acts 1921, ch. 173, art. 17, § 3; Shan. Supp., § 1997a226; Code 1932, § 3624; T.C.A. (orig. ed.), § 6-2113.
The city manager shall supervise and control all departments now or hereafter created, except as otherwise provided by this charter.
Acts 1921, ch. 173, art. 17, § 3; Shan. Supp., § 1997a226; Code 1932, § 3624; T.C.A. (orig. ed.), § 6-2113.
Tenn. Code Ann. § 6-35-406 — TN Code / Title 6 / Chapter 35 / Section 6-35-406
Personnel advisory board to assist manager
Status: in_force

The personnel advisory board shall assist the manager in other personnel matters as may be set forth by ordinance and may investigate and make recommendations and reports to the council and manager on improvements in conditions of municipal employment and on significant violations of the principles of sound personnel administration. Acts 1957, ch. 238, § 7.27; T.C.A., § 6-3527.
The personnel advisory board shall assist the manager in other personnel matters as may be set forth by ordinance and may investigate and make recommendations and reports to the council and manager on improvements in conditions of municipal employment and on significant violations of the principles of sound personnel administration.
Acts 1957, ch. 238, § 7.27; T.C.A., § 6-3527.
Tenn. Code Ann. § 6-31-306 — TN Code / Title 6 / Chapter 31 / Section 6-31-306
City council member - Removal
Status: in_force

(a) Any council member of the city elected or appointed to fill a vacancy under this charter may be removed from office by the voters. (b) The procedure to effect the removal of the incumbent shall be as follows: (1) A petition, by registered voters equal in number to at least sixty-six percent (66%) of the total vote cast for the office held by the incumbent at the last regular election, demanding the recall of the person sought to be removed shall be filed with the county election commission, and notice given by the commission of such filing by publication at least once in the official city newspaper, which petition shall contain a general statement of the grounds upon which the removal is sought. The signatures to the petition need not all be appended to one (1) paper, but each signer shall sign such signer's name, and shall place thereon, after such signer's name, the date of signing and such signer's place of residence by street and number, or by other customary designation; (2) To each petition paper there shall be attached a sworn affidavit by the circulator thereof stating the number of signers thereto, that each signature thereon is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant; (3) Such petition shall be filed with the county election commission, which shall, within fifteen (15) days, canvass the signatures thereon to determine the sufficiency thereof; (4) A separate petition shall be filed for each person sought to be removed; and (5) The county election commission shall attach to such petition its certificate showing the result of the examination. (c) If the county election commission's certificate shows that the petition is sufficient, the commission shall call an election on the question of recall. Acts 1959, ch. 140, § 1; 1972, ch. 740, § 4(57); T.C.A., § 6-3120.
(a) Any council member of the city elected or appointed to fill a vacancy under this charter may be removed from office by the voters.
(b) The procedure to effect the removal of the incumbent shall be as follows: (1) A petition, by registered voters equal in number to at least sixty-six percent (66%) of the total vote cast for the office held by the incumbent at the last regular election, demanding the recall of the person sought to be removed shall be filed with the county election commission, and notice given by the commission of such filing by publication at least once in the official city newspaper, which petition shall contain a general statement of the grounds upon which the removal is sought. The signatures to the petition need not all be appended to one (1) paper, but each signer shall sign such signer's name, and shall place thereon, after such signer's name, the date of signing and such signer's place of residence by street and number, or by other customary designation; (2) To each petition paper there shall be attached a sworn affidavit by the circulator thereof stating the number of signers thereto, that each signature thereon is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant; (3) Such petition shall be filed with the county election commission, which shall, within fifteen (15) days, canvass the signatures thereon to determine the sufficiency thereof; (4) A separate petition shall be filed for each person sought to be removed; and (5) The county election commission shall attach to such petition its certificate showing the result of the examination.
(1) A petition, by registered voters equal in number to at least sixty-six percent (66%) of the total vote cast for the office held by the incumbent at the last regular election, demanding the recall of the person sought to be removed shall be filed with the county election commission, and notice given by the commission of such filing by publication at least once in the official city newspaper, which petition shall contain a general statement of the grounds upon which the removal is sought. The signatures to the petition need not all be appended to one (1) paper, but each signer shall sign such signer's name, and shall place thereon, after such signer's name, the date of signing and such signer's place of residence by street and number, or by other customary designation;
(2) To each petition paper there shall be attached a sworn affidavit by the circulator thereof stating the number of signers thereto, that each signature thereon is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant;
(3) Such petition shall be filed with the county election commission, which shall, within fifteen (15) days, canvass the signatures thereon to determine the sufficiency thereof;
(4) A separate petition shall be filed for each person sought to be removed; and
(5) The county election commission shall attach to such petition its certificate showing the result of the examination.
(c) If the county election commission's certificate shows that the petition is sufficient, the commission shall call an election on the question of recall.
Acts 1959, ch. 140, § 1; 1972, ch. 740, § 4(57); T.C.A., § 6-3120.
Tenn. Code Ann. § 6-54-1017 — TN Code / Title 6 / Chapter 54 / Section 6-54-1017
Judicial review of final order
Status: in_force

(a) A person who is aggrieved by a final decision in a contested case is entitled to judicial review under this chapter, which shall be the only available method of judicial review. (b) Proceedings for judicial review of a final order are instituted by filing a petition for review in the chancery court in the county where the municipality lies. Such petition must be filed within sixty (60) calendar days after the entry of the final order that is the subject of the review. (c) The filing of the petition for review does not itself stay enforcement of the final order. The reviewing court may order a stay on appropriate terms, but if it is shown to the satisfaction of the reviewing court, in a hearing that shall be held within ten (10) business days of a request for hearing by either party, that any party or the public at large may suffer injury by reason of the granting of a stay, then no stay shall be granted until a good and sufficient bond, in an amount fixed and approved by the court, shall be given by the petitioner conditioned to indemnify the other persons who might be so injured and if no bond amount is sufficient, the stay shall be denied. (d) Within forty-five (45) calendar days after service of the petition, or within further time allowed by the court, the administrative hearing officer shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all the parties of the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional cost. The court may require or permit subsequent corrections or additions to the record. (e) If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the administrative proceeding, the court may order that the additional evidence be taken before the administrative hearing officer upon conditions determined by the court. The administrative hearing officer may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the reviewing court. (f) The procedure ordinarily followed in the reviewing court will be followed in the review of contested cases decided by the administrative hearing officer, except as otherwise provided in this chapter. The administrative hearing officer that issued the decision to be reviewed is not required to file a responsive pleading. (g) The review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the administrative hearing officer, not shown in the record, proof thereon may be taken in the court. (h) The court may affirm the decision of the administrative hearing officer or remand the case for further proceedings. The court may reverse or modify the decision if the rights of the petitioner have been prejudiced because the administrative findings, inferences, conclusions or decisions are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the administrative hearing officer; (3) Made upon unlawful procedure; (4) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion; or (5) Unsupported by evidence that is both substantial and material in the light of the entire record. In determining the substantiality of evidence, the court shall take into account whatever in the record fairly detracts from its weight, but the court shall not substitute its judgment for that of the administrative hearing officer as to the weight of the evidence on questions of fact. (i) No administrative hearing decision pursuant to a hearing shall be reversed, remanded or modified by the reviewing court unless for errors that affect the merits of such decision. (j) The reviewing court shall reduce its findings of fact and conclusions of law to writing and make them parts of the record. Acts 2010, ch. 1128, § 1.
(a) A person who is aggrieved by a final decision in a contested case is entitled to judicial review under this chapter, which shall be the only available method of judicial review.
(b) Proceedings for judicial review of a final order are instituted by filing a petition for review in the chancery court in the county where the municipality lies. Such petition must be filed within sixty (60) calendar days after the entry of the final order that is the subject of the review.
(c) The filing of the petition for review does not itself stay enforcement of the final order. The reviewing court may order a stay on appropriate terms, but if it is shown to the satisfaction of the reviewing court, in a hearing that shall be held within ten (10) business days of a request for hearing by either party, that any party or the public at large may suffer injury by reason of the granting of a stay, then no stay shall be granted until a good and sufficient bond, in an amount fixed and approved by the court, shall be given by the petitioner conditioned to indemnify the other persons who might be so injured and if no bond amount is sufficient, the stay shall be denied.
(d) Within forty-five (45) calendar days after service of the petition, or within further time allowed by the court, the administrative hearing officer shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all the parties of the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional cost. The court may require or permit subsequent corrections or additions to the record.
(e) If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and that there were good reasons for failure to present it in the administrative proceeding, the court may order that the additional evidence be taken before the administrative hearing officer upon conditions determined by the court. The administrative hearing officer may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings or decisions with the reviewing court.
(f) The procedure ordinarily followed in the reviewing court will be followed in the review of contested cases decided by the administrative hearing officer, except as otherwise provided in this chapter. The administrative hearing officer that issued the decision to be reviewed is not required to file a responsive pleading.
(g) The review shall be conducted by the court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the administrative hearing officer, not shown in the record, proof thereon may be taken in the court.
(h) The court may affirm the decision of the administrative hearing officer or remand the case for further proceedings. The court may reverse or modify the decision if the rights of the petitioner have been prejudiced because the administrative findings, inferences, conclusions or decisions are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the administrative hearing officer; (3) Made upon unlawful procedure; (4) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion; or (5) Unsupported by evidence that is both substantial and material in the light of the entire record. In determining the substantiality of evidence, the court shall take into account whatever in the record fairly detracts from its weight, but the court shall not substitute its judgment for that of the administrative hearing officer as to the weight of the evidence on questions of fact.
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the administrative hearing officer;
(3) Made upon unlawful procedure;
(4) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion; or
(5) Unsupported by evidence that is both substantial and material in the light of the entire record. In determining the substantiality of evidence, the court shall take into account whatever in the record fairly detracts from its weight, but the court shall not substitute its judgment for that of the administrative hearing officer as to the weight of the evidence on questions of fact.
(i) No administrative hearing decision pursuant to a hearing shall be reversed, remanded or modified by the reviewing court unless for errors that affect the merits of such decision.
(j) The reviewing court shall reduce its findings of fact and conclusions of law to writing and make them parts of the record.
Acts 2010, ch. 1128, § 1.
Tenn. Code Ann. § 6-58-118 — TN Code / Title 6 / Chapter 58 / Section 6-58-118
Urban growth boundaries - Expansion without reconvening coordinating committee or approval from county
Status: in_force

A municipality may expand its urban growth boundaries to annex a tract of land without reconvening the coordinating committee or approval from the county or any other municipality if: (1) The tract is contiguous to a tract of land that has the same owner and has already been annexed by the municipality; (2) The tract is being provided water and sewer services; and (3) The owner of the tract, by notarized petition, consents to being included within the urban growth boundaries of the municipality. Added by 2014 Tenn. Acts, ch. 707,s 6, eff. 4/15/2014.
A municipality may expand its urban growth boundaries to annex a tract of land without reconvening the coordinating committee or approval from the county or any other municipality if:
(1) The tract is contiguous to a tract of land that has the same owner and has already been annexed by the municipality;
(2) The tract is being provided water and sewer services; and
(3) The owner of the tract, by notarized petition, consents to being included within the urban growth boundaries of the municipality.
Added by 2014 Tenn. Acts, ch. 707,s 6, eff. 4/15/2014.
Tenn. Code Ann. § 6-54-1005 — TN Code / Title 6 / Chapter 54 / Section 6-54-1005
Prehearing conference - Hearing or converting prehearing conference to hearing - Prehearing orders
Status: in_force

(a) (1) In any action set for hearing, the administrative hearing officer, upon the administrative hearing officer's own motion, or upon motion of one (1) of the parties or such party's qualified representatives, may direct the parties or the attorneys for the parties, or both, to appear before the administrative hearing officer for a conference to consider: (A) The simplification of issues; (B) The possibility of obtaining admissions of fact and of documents that will avoid unnecessary proof; (C) The limitation of the number of witnesses; and (D) Such other matters as may aid in the disposition of the action. (2) The administrative hearing officer shall make an order that recites the action taken at the conference, and the agreements made by the parties as to any of the matters considered, and that limits the issues for hearing to those not disposed of by admissions or agreements of the parties. Such order when entered controls the subsequent course of the action, unless modified at the hearing to prevent manifest injustice. (b) Upon reasonable notice to all parties, the administrative hearing officer may convene a hearing or convert a prehearing conference to a hearing, to be conducted by the administrative hearing officer sitting alone, to consider argument or evidence, or both, on any question of law. (c) In the discretion of the administrative hearing officer, all or part of the prehearing conference may be conducted by telephone, television or other electronic means, if each participant in the conference has an opportunity to participate in, to hear, and, if technically feasible, to see the entire proceeding while it is taking place. (d) If a prehearing conference is not held, the administrative hearing officer may issue a prehearing order, based on the pleadings, to regulate the conduct of the proceedings. Acts 2010, ch. 1128, § 1.
(a) (1) In any action set for hearing, the administrative hearing officer, upon the administrative hearing officer's own motion, or upon motion of one (1) of the parties or such party's qualified representatives, may direct the parties or the attorneys for the parties, or both, to appear before the administrative hearing officer for a conference to consider: (A) The simplification of issues; (B) The possibility of obtaining admissions of fact and of documents that will avoid unnecessary proof; (C) The limitation of the number of witnesses; and (D) Such other matters as may aid in the disposition of the action. (2) The administrative hearing officer shall make an order that recites the action taken at the conference, and the agreements made by the parties as to any of the matters considered, and that limits the issues for hearing to those not disposed of by admissions or agreements of the parties. Such order when entered controls the subsequent course of the action, unless modified at the hearing to prevent manifest injustice.
(1) In any action set for hearing, the administrative hearing officer, upon the administrative hearing officer's own motion, or upon motion of one (1) of the parties or such party's qualified representatives, may direct the parties or the attorneys for the parties, or both, to appear before the administrative hearing officer for a conference to consider: (A) The simplification of issues; (B) The possibility of obtaining admissions of fact and of documents that will avoid unnecessary proof; (C) The limitation of the number of witnesses; and (D) Such other matters as may aid in the disposition of the action.
(A) The simplification of issues;
(B) The possibility of obtaining admissions of fact and of documents that will avoid unnecessary proof;
(C) The limitation of the number of witnesses; and
(D) Such other matters as may aid in the disposition of the action.
(2) The administrative hearing officer shall make an order that recites the action taken at the conference, and the agreements made by the parties as to any of the matters considered, and that limits the issues for hearing to those not disposed of by admissions or agreements of the parties. Such order when entered controls the subsequent course of the action, unless modified at the hearing to prevent manifest injustice.
(b) Upon reasonable notice to all parties, the administrative hearing officer may convene a hearing or convert a prehearing conference to a hearing, to be conducted by the administrative hearing officer sitting alone, to consider argument or evidence, or both, on any question of law.
(c) In the discretion of the administrative hearing officer, all or part of the prehearing conference may be conducted by telephone, television or other electronic means, if each participant in the conference has an opportunity to participate in, to hear, and, if technically feasible, to see the entire proceeding while it is taking place.
(d) If a prehearing conference is not held, the administrative hearing officer may issue a prehearing order, based on the pleadings, to regulate the conduct of the proceedings.
Acts 2010, ch. 1128, § 1.
Tenn. Code Ann. § 6-54-128 — TN Code / Title 6 / Chapter 54 / Section 6-54-128
Criminal records of vehicle operators transporting the public - Costs of investigation
Status: in_force

(a) 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). (b) 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. (c) 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. (d) 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. (e) Fingerprints shall be submitted on authorized fingerprint cards or by electronic, machine-readable data, or other suitable technological means. (f) 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.
(a) 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).
(b) 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.
(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.
(c) 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.
(d) 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.
(e) Fingerprints shall be submitted on authorized fingerprint cards or by electronic, machine-readable data, or other suitable technological means.
(f) 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.
Tenn. Code Ann. § 6-20-220 — TN Code / Title 6 / Chapter 20 / Section 6-20-220
Removal of officers
Status: in_force

(a) The mayor or any commissioner may be removed from office by the board of commissioners for crime or misdemeanor in office, for grave misconduct showing unfitness for public duty, or for permanent disability, by a majority vote of the other members of the board voting for such removal. The proceedings for such removal shall be upon specific charges in writing, which, with a notice stating the time and place of the hearing, shall be served on the accused or published at least three (3) times on three (3) successive days in a daily newspaper circulating in the city. (b) The hearing shall be public and the accused shall have the right to appear and defend in person or by counsel and have process of the board to compel the attendance of witnesses in the accused's behalf. Such vote shall be determined by yeas and nays, and the names of the members voting for or against such removal shall be entered in the journal. (c) Immediately upon the vote for removal, the term of the accused shall expire and the accused's official status, power and authority shall cease without further action. (d) Anyone removed under this section shall have the right of appeal. Acts 1921, ch. 173, art. 4, § 13; Shan. Supp., § 1997a148; Code 1932, § 3545; T.C.A. (orig. ed.), § 6-2032; Acts 1989, ch. 175, § 10.
(a) The mayor or any commissioner may be removed from office by the board of commissioners for crime or misdemeanor in office, for grave misconduct showing unfitness for public duty, or for permanent disability, by a majority vote of the other members of the board voting for such removal. The proceedings for such removal shall be upon specific charges in writing, which, with a notice stating the time and place of the hearing, shall be served on the accused or published at least three (3) times on three (3) successive days in a daily newspaper circulating in the city.
(b) The hearing shall be public and the accused shall have the right to appear and defend in person or by counsel and have process of the board to compel the attendance of witnesses in the accused's behalf. Such vote shall be determined by yeas and nays, and the names of the members voting for or against such removal shall be entered in the journal.
(c) Immediately upon the vote for removal, the term of the accused shall expire and the accused's official status, power and authority shall cease without further action.
(d) Anyone removed under this section shall have the right of appeal.
Acts 1921, ch. 173, art. 4, § 13; Shan. Supp., § 1997a148; Code 1932, § 3545; T.C.A. (orig. ed.), § 6-2032; Acts 1989, ch. 175, § 10.
Tenn. Code Ann. § 6-52-206 — TN Code / Title 6 / Chapter 52 / Section 6-52-206
Time for election
Status: in_force

Such an election will be held in conjunction with the next scheduled city or county-wide election, primary or referendum that is held forty-five (45) days after the petitions for abolition are filed with the election commission. Acts 1901, ch. 165, § 6; Shan., § 1997a7; Code 1932, § 3511; T.C.A. (orig. ed.), § 6-224; T.C.A., § 6-2-506; Acts 1980, ch. 676, § 2.
Such an election will be held in conjunction with the next scheduled city or county-wide election, primary or referendum that is held forty-five (45) days after the petitions for abolition are filed with the election commission.
Acts 1901, ch. 165, § 6; Shan., § 1997a7; Code 1932, § 3511; T.C.A. (orig. ed.), § 6-224; T.C.A., § 6-2-506; Acts 1980, ch. 676, § 2.
Tenn. Code Ann. § 6-52-304 — TN Code / Title 6 / Chapter 52 / Section 6-52-304
Outstanding debts - Disposition of municipal property
Status: in_force

(a) If there are any outstanding debts in the form of bonds or otherwise owed by the municipal corporation at the time of forfeiture of the charter, the county legislative body of the county in which the municipal corporation is located is authorized to levy a special tax within the territory embraced within the corporate limit of the former corporation for the purposes set forth in § 6-52-101 . The collection and disposition of such a tax shall be pursuant to § 6-52-102 . (b) If a municipal corporation that has forfeited its charter pursuant to this part retains any property or assets, or both, that property or assets, or both shall first be applied to any indebtedness owed by the municipal corporation. If any such property or assets, or both remain after the payment of any indebtedness, then such property or assets, or both shall become the property or assets, or both of the county in which the municipal corporation is located. Acts 1983, ch. 116, § 4.
(a) If there are any outstanding debts in the form of bonds or otherwise owed by the municipal corporation at the time of forfeiture of the charter, the county legislative body of the county in which the municipal corporation is located is authorized to levy a special tax within the territory embraced within the corporate limit of the former corporation for the purposes set forth in § 6-52-101 . The collection and disposition of such a tax shall be pursuant to § 6-52-102 .
(b) If a municipal corporation that has forfeited its charter pursuant to this part retains any property or assets, or both, that property or assets, or both shall first be applied to any indebtedness owed by the municipal corporation. If any such property or assets, or both remain after the payment of any indebtedness, then such property or assets, or both shall become the property or assets, or both of the county in which the municipal corporation is located.
Acts 1983, ch. 116, § 4.
Tenn. Code Ann. § 6-20-212 — TN Code / Title 6 / Chapter 20 / Section 6-20-212
Board sessions public. - Emergencies
Status: in_force

(a) All sessions of the board shall be public. (b) All sessions of the board shall be subject to a change of plan in case of emergency. Acts 1921, ch. 173, art. 4, § 12; Shan. Supp., § 1997a147; Code 1932, § 3544; T.C.A. (orig. ed.), § 6-2023.
(a) All sessions of the board shall be public.
(b) All sessions of the board shall be subject to a change of plan in case of emergency.
Acts 1921, ch. 173, art. 4, § 12; Shan. Supp., § 1997a147; Code 1932, § 3544; T.C.A. (orig. ed.), § 6-2023.
Tenn. Code Ann. § 6-21-704 — TN Code / Title 6 / Chapter 21 / Section 6-21-704
Fire marshal
Status: in_force

The city manager may appoint a fire marshal whose duty shall be, subject to the chief of the fire department, to investigate the cause, origin, and circumstances of fires and the loss occasioned thereby, and assist in the prevention of arson. Acts 1921, ch. 173, art. 19, § 4; Shan. Supp., § 1997a235; Code 1932, § 3633; T.C.A. (orig. ed.), § 6-2136.
The city manager may appoint a fire marshal whose duty shall be, subject to the chief of the fire department, to investigate the cause, origin, and circumstances of fires and the loss occasioned thereby, and assist in the prevention of arson.
Acts 1921, ch. 173, art. 19, § 4; Shan. Supp., § 1997a235; Code 1932, § 3633; T.C.A. (orig. ed.), § 6-2136.
Tenn. Code Ann. § 6-31-101 — TN Code / Title 6 / Chapter 31 / Section 6-31-101
Method of electing governing body
Status: in_force

(a) 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. (b) 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. (c) 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. (d) 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. (e) 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. (f) 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.
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
(f) 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.
Tenn. Code Ann. § 6-21-502 — TN Code / Title 6 / Chapter 21 / Section 6-21-502
Power to enforce ordinances
Status: in_force

(a) The city judge has the power and authority to: (1) Impose fines, costs, and forfeitures, and punish by fine for violations of city ordinances; (2) Preserve and enforce order in such city judge's court; (3) Enforce the collection of all such fines, costs, and forfeitures imposed by such city judge; and (4) (A) In default of payment, or of good and sufficient security given for the payment of such fines, costs or forfeitures imposed by such city judge, if: (i) The city court has concurrent jurisdiction with the general sessions court, the city judge is authorized to enter an order in accordance with § 40-24-104 which, in accordance with such section, may include imprisonment until the fine, costs or forfeitures, or any portion of it, is paid. No such imprisonment shall exceed the period of time established in § 40-24-104 , for any one (1) offense or violation. (ii) The city court does not have concurrent jurisdiction with the general sessions court, the city judge is authorized to enter an order for contempt of court for the payment of the fine in the amount established pursuant to § 16-18-306 . (B) Fines may be paid in installments in the manner provided by ordinance or in accordance with § 40-24-104 . Any court is authorized to enforce the collection of unpaid fines or forfeitures as a judgment in a civil action in any court with competent jurisdiction in accordance with § 40-24-105 . The city judge may remit, with or without condition, fines and costs imposed for violation of any ordinance provision. (b) The city judge may remit, with or without condition, fines and costs imposed for violation of any ordinance or charter provision. Acts 1921, ch. 173, art. 9, § 2; Shan. Supp., § 1997a165; Code 1932, § 3562; Acts 1965, ch. 330, § 2; T.C.A. (orig. ed.), § 6-2120; Acts 1989, ch. 175, § 15; 1995, ch. 13, § 12; 2011, ch. 453, § 8.
(a) The city judge has the power and authority to: (1) Impose fines, costs, and forfeitures, and punish by fine for violations of city ordinances; (2) Preserve and enforce order in such city judge's court; (3) Enforce the collection of all such fines, costs, and forfeitures imposed by such city judge; and (4) (A) In default of payment, or of good and sufficient security given for the payment of such fines, costs or forfeitures imposed by such city judge, if: (i) The city court has concurrent jurisdiction with the general sessions court, the city judge is authorized to enter an order in accordance with § 40-24-104 which, in accordance with such section, may include imprisonment until the fine, costs or forfeitures, or any portion of it, is paid. No such imprisonment shall exceed the period of time established in § 40-24-104 , for any one (1) offense or violation. (ii) The city court does not have concurrent jurisdiction with the general sessions court, the city judge is authorized to enter an order for contempt of court for the payment of the fine in the amount established pursuant to § 16-18-306 . (B) Fines may be paid in installments in the manner provided by ordinance or in accordance with § 40-24-104 . Any court is authorized to enforce the collection of unpaid fines or forfeitures as a judgment in a civil action in any court with competent jurisdiction in accordance with § 40-24-105 . The city judge may remit, with or without condition, fines and costs imposed for violation of any ordinance provision.
(1) Impose fines, costs, and forfeitures, and punish by fine for violations of city ordinances;
(2) Preserve and enforce order in such city judge's court;
(3) Enforce the collection of all such fines, costs, and forfeitures imposed by such city judge; and
(4) (A) In default of payment, or of good and sufficient security given for the payment of such fines, costs or forfeitures imposed by such city judge, if: (i) The city court has concurrent jurisdiction with the general sessions court, the city judge is authorized to enter an order in accordance with § 40-24-104 which, in accordance with such section, may include imprisonment until the fine, costs or forfeitures, or any portion of it, is paid. No such imprisonment shall exceed the period of time established in § 40-24-104 , for any one (1) offense or violation. (ii) The city court does not have concurrent jurisdiction with the general sessions court, the city judge is authorized to enter an order for contempt of court for the payment of the fine in the amount established pursuant to § 16-18-306 . (B) Fines may be paid in installments in the manner provided by ordinance or in accordance with § 40-24-104 . Any court is authorized to enforce the collection of unpaid fines or forfeitures as a judgment in a civil action in any court with competent jurisdiction in accordance with § 40-24-105 . The city judge may remit, with or without condition, fines and costs imposed for violation of any ordinance provision.
(A) In default of payment, or of good and sufficient security given for the payment of such fines, costs or forfeitures imposed by such city judge, if: (i) The city court has concurrent jurisdiction with the general sessions court, the city judge is authorized to enter an order in accordance with § 40-24-104 which, in accordance with such section, may include imprisonment until the fine, costs or forfeitures, or any portion of it, is paid. No such imprisonment shall exceed the period of time established in § 40-24-104 , for any one (1) offense or violation. (ii) The city court does not have concurrent jurisdiction with the general sessions court, the city judge is authorized to enter an order for contempt of court for the payment of the fine in the amount established pursuant to § 16-18-306 .
(i) The city court has concurrent jurisdiction with the general sessions court, the city judge is authorized to enter an order in accordance with § 40-24-104 which, in accordance with such section, may include imprisonment until the fine, costs or forfeitures, or any portion of it, is paid. No such imprisonment shall exceed the period of time established in § 40-24-104 , for any one (1) offense or violation.
(ii) The city court does not have concurrent jurisdiction with the general sessions court, the city judge is authorized to enter an order for contempt of court for the payment of the fine in the amount established pursuant to § 16-18-306 .
(B) Fines may be paid in installments in the manner provided by ordinance or in accordance with § 40-24-104 . Any court is authorized to enforce the collection of unpaid fines or forfeitures as a judgment in a civil action in any court with competent jurisdiction in accordance with § 40-24-105 . The city judge may remit, with or without condition, fines and costs imposed for violation of any ordinance provision.
(b) The city judge may remit, with or without condition, fines and costs imposed for violation of any ordinance or charter provision.
Acts 1921, ch. 173, art. 9, § 2; Shan. Supp., § 1997a165; Code 1932, § 3562; Acts 1965, ch. 330, § 2; T.C.A. (orig. ed.), § 6-2120; Acts 1989, ch. 175, § 15; 1995, ch. 13, § 12; 2011, ch. 453, § 8.