reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 1 - GENERAL PROVISIONS (§§ 6-35-101 — 6-35-102) › Section 6-35-101 - Administrative organization

(a)
Within the framework established by this charter, the administrative organization of the city shall be organized into departments of general government, finance, and such other departments necessary to provide health, welfare, police, recreation, fire, library, public works, utilities and other municipal services as shall be provided in a plan of administrative organization to be developed by the city manager and submitted to the council for approval and adoption by ordinance.
(b)
The council may by ordinance amend the plan of administrative organization only after receiving the written recommendations of the city manager.
(c)
Administrative regulations governing the operations and relationships of departments, agencies, and offices within the administrative organization shall be prepared and issued by the city manager; provided, that the authority to prepare and issue departmental rules and regulations may be delegated to designated subordinates.
Acts 1957, ch. 238, § 7.06; T.C.A., § 6-3505.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 1 - GENERAL PROVISIONS (§§ 6-35-101 — 6-35-102) › Section 6-35-102 - Disposal of utility plants and property

(a)
The city shall not sell, exchange, lease, or in any way alienate or dispose of the property, easements, or other equipment, privileges or assets that are essential parts of any utility that it may acquire, unless and except the proposition for such purpose shall first have been submitted and approved by a majority vote of the electors voting thereon at a municipal election in the manner provided in this charter.
(b)
All contracts, negotiations, licenses, grants, leases, or other forms of transfer in violation of this provision shall be void and of no effect as against the city.
(c)
This section shall not, however, be interpreted to preclude the sale, exchange, or other disposal to the advantage of the city, of parts of a utility's property and assets that are not essential to continued effective utility service and the disposal of which will not prejudice municipal interests.
Acts 1957, ch. 238, § 7.36; T.C.A., § 6-3536.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 2 - CITY MANAGER (§§ 6-35-201 — 6-35-206) › Section 6-35-201 - Appointment and qualifications

(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.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 2 - CITY MANAGER (§§ 6-35-201 — 6-35-206) › Section 6-35-202 - Temporary absence or disability

The council may designate a qualified administrative officer of the city to assume the duties and authority of the manager during periods of vacancy in the office, temporary absences or disability of the manager.
Acts 1957, ch. 238, § 7.02; T.C.A., § 6-3502.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 2 - CITY MANAGER (§§ 6-35-201 — 6-35-206) › Section 6-35-203 - Council-manager relationships

(a)
The manager shall be responsible to the council for the administration of all units of the city government under the manager's jurisdiction and for carrying out policies adopted by the council.
(b)
(1)
Except for the purpose of inquiry, the council and its members shall deal with the administrative officers and employees solely through the manager.
(2)
Neither the council nor any member thereof shall give orders to the manager's subordinates or otherwise interfere with managerial functions through such means as directing or requesting the appointment or removal of any of the manager's subordinates, or the making of particular purchases from, or contracts with, any specific organization.
(c)
The office of any council member violating any provision of this section shall immediately become vacant upon such person's conviction in a court of competent jurisdiction.
Acts 1957, ch. 238, § 7.03; T.C.A., § 6-3503.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 2 - CITY MANAGER (§§ 6-35-201 — 6-35-206) › Section 6-35-204 - Powers and duties

The manager shall:
(1)
Supervise the administrative affairs of the city;
(2)
Be charged with the preservation of the public peace and health, the safety of persons and properties, and the enforcement of the laws, ordinances, and franchises, and the development and utilization of the city's resources;
(3)
Make such reports and recommendations as the manager may deem desirable and perform such other duties as may be prescribed by this charter or required of the manager by ordinance or resolution of the council not inconsistent with this charter; and
(4)
Have the right to take part in the discussion of all matters coming before the council, but not the right to vote.
Acts 1957, ch. 238, § 7.04; T.C.A., § 6-3504.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 2 - CITY MANAGER (§§ 6-35-201 — 6-35-206) › Section 6-35-205 - Purchasing

(a)
Except as provided in §
6-36-115
, the manager shall be responsible for all city purchasing but may delegate such duty to any subordinate appointed by the manager.
(b)
(1)
Competitive prices for all purchases and public improvements shall be obtained whenever practicable and in accordance with regulations established by ordinance, and the purchase made from or the contract awarded to the lowest responsible bidder; provided, that the city shall have the power to reject any and all bids.
(2)
Formal sealed bids shall be obtained in all transactions involving the expenditure of ten thousand dollars ($10,000) or more, and the transaction shall be evidenced by written contract submitted to and approved by the council; provided, that in cases where the council indicates by formal unanimous resolution of those present at the meeting, based upon the written recommendation of the manager, that it is clearly to the advantage of the city not to contract with competitive bidding, it may authorize noncompetitive contracts.
(3)
The council may also authorize the making of public improvements or the performing of any other city work by any city department or agency without competitive bidding.
(c)
Purchasing and contract procedures not prescribed by this charter or other law may be established by ordinance.
Acts 1957, ch. 238, § 7.19; T.C.A., § 6-3518; Acts 1993, ch. 353, § 3; 2002, ch. 543, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 2 - CITY MANAGER (§§ 6-35-201 — 6-35-206) › Section 6-35-206 - Management of city property and equipment - Lease of property and equipment to contractors for city services

(a)
The management of all city property and equipment, except school property and equipment, shall be the responsibility of the city manager who shall prepare for the approval of the council regulations governing the acquisition, custody, use and disposal of all such property and equipment. Such regulations shall provide for a regular inventory, appraisal and marking of all such property and shall require that the disposal of any city property and equipment shall be by sale, with sealed bids taken or public auction held on such property and equipment valued at more than five hundred dollars ($500); provided, that any sale for more than one thousand dollars ($1,000), or any sale of real estate shall be subject to the approval of the city council.
(b)
(1)
The mayor and city council may by ordinance authorize the city to enter into contracts for city services and may lease machinery, equipment, and real property belonging to the city to such contractors to provide for city services. The contracts shall contain such terms and conditions as may be agreed upon by the city and the contractor; provided, that any contract shall be performed within the term of the mayor and city council authorizing it. The contractor shall be paid for the service from reasonably anticipated taxes or other revenue. Notwithstanding §
6-35-205
, no contract for a city service or the leasing of machinery, equipment, or real property by the contractor shall be subject to competitive bids.
(2)
Subdivision (b)(1) applies only to cities with populations greater than eleven thousand eight hundred twenty-five (11,825) but less than twelve thousand twenty-five (12,025), according to the 1970 federal census or any subsequent federal census, and that are located in counties with populations greater than twenty-nine thousand nine hundred (29,900) but less than thirty thousand (30,000), according to the 1970 federal census or any subsequent federal census.
(3)
Subdivision (b)(1) is applicable only to garbage collection and fire protection services.
Acts 1957, ch. 238, § 7.20; T.C.A., § 6-3519; Acts 1981, ch. 496, §§ 1, 2.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 3 - FINANCIAL MATTERS (§§ 6-35-301 — 6-35-315) › Section 6-35-301 - Collection of taxes

The city manager or administrative personnel appointed by the city manager shall make use of every method provided by general law to ensure the collection of taxes due the city, and shall also be authorized to use and shall use, if necessary, the methods now available to cities organized under the uniform city manager-commission charter, §§
6-22-110
- 6-22-115.
Acts 1957, ch. 238, § 7.09; T.C.A., § 6-3508.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 3 - FINANCIAL MATTERS (§§ 6-35-301 — 6-35-315) › Section 6-35-302 - Administration of finances

The city manager or an officer appointed by the city manager shall have charge of the administration of the financial affairs of the city. There shall be maintained such accounting controls over the finances of the city and such financial reports as may be required by this charter, by ordinance, or by the manager. The manager shall provide for the auditing, approving and payment of all claims against the city.
Acts 1957, ch. 238, § 7.10; T.C.A., § 6-3509.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 3 - FINANCIAL MATTERS (§§ 6-35-301 — 6-35-315) › Section 6-35-303 - Fiscal year

The fiscal year of the city shall begin on July 1 and shall end on June 30 of the succeeding year, but another fiscal year may be fixed by ordinance for the entire city government or for any utility.
Acts 1957, ch. 238, § 7.11; T.C.A., § 6-3510.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 3 - FINANCIAL MATTERS (§§ 6-35-301 — 6-35-315) › Section 6-35-304 - Preparation and contents of budget

(a)
On or before a date fixed by the council, but not later than ninety (90) days prior to the beginning of the fiscal year, the manager shall submit to the council a proposed budget for the next fiscal year.
(b)
The budget shall present a complete financial plan for the ensuing year, including at least the following information:
(1)
Detailed estimates of all proposed expenditures for each department, board, office or other agency of the city, showing in addition the expenditures for corresponding items for the last preceding fiscal year, appropriations and anticipated expenditures for the current fiscal year, and reasons for recommended departures from the current expenditure pattern;
(2)
Statements of the bonded and other indebtedness of the city, including the debt redemption and interest requirements, the debt authorized and unissued, and the condition of the sinking funds;
(3)
Detailed estimates of all anticipated revenues of the city from all sources, including current and delinquent taxes, nontax revenues and proceeds from the sale of any bonds, with a comparative statement of the amounts received by the city from each of such sources for the last preceding fiscal year, the current fiscal year, and the coming fiscal year;
(4)
A statement of the estimated balance or deficit, as of the end of the current fiscal year; and
(5)
Such other supporting schedules as the council may request, or are otherwise required by law.
Acts 1957, ch. 238, § 7.12; T.C.A., § 6-3511.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 3 - FINANCIAL MATTERS (§§ 6-35-301 — 6-35-315) › Section 6-35-305 - Capital budget program

As a part of the annual budget, the city shall include a statement of pending capital projects and proposed new capital projects, relating the respective amounts proposed to be raised therefor by appropriations in the budget and the respective amounts, if any, proposed to be raised therefor by the issuance of bonds during the fiscal year. The city manager shall also include in the message, or attach thereto, a program of proposed capital projects for the five (5) fiscal years next succeeding the budget year, prepared by the planning commission, together with the city manager's comments thereon and any estimate of costs.
Acts 1957, ch. 238, § 7.13; T.C.A., § 6-3512.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 3 - FINANCIAL MATTERS (§§ 6-35-301 — 6-35-315) › Section 6-35-306 - Public hearing on budget - Budget as public record - Distribution

(a)
A public hearing on the budget shall be held before its final adoption by the council, at such time and place as the council shall direct, and notice of such public hearing shall be published ten (10) days in advance of the date of the hearing. All persons present shall be given a reasonable opportunity to be heard for or against the estimates of any item in the budget.
(b)
The budget and budget message and all supporting schedules shall be a public record in the office of the city clerk, open to public inspection by anyone.
(c)
The city manager shall cause sufficient copies of the budget and budget message to be prepared for distribution to interested persons at least ten (10) days before the hearing.
Acts 1957, ch. 238, § 7.14; T.C.A., § 6-3513.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 3 - FINANCIAL MATTERS (§§ 6-35-301 — 6-35-315) › Section 6-35-307 - Adoption of appropriation ordinance

(a)
Before the beginning of the next fiscal year, the council shall adopt an appropriation ordinance, based on the city manager's budget with such modifications as the council considers necessary or desirable; provided, that modifications in the school budget as submitted by the board of education shall be subject to the limitations of §
6-36-113
.
(b)
Appropriations need not be in more detail than a lump sum for each fund.
(c)
The council shall not make any appropriations in excess of estimated revenue, except to provide for an actual emergency threatening the health, property or lives of the inhabitants of the city and declared by a unanimous vote of all members of the council present, when there is a quorum.
(d)
If for any reason an appropriation ordinance is not adopted prior to the beginning of the next fiscal year, the appropriations for the last fiscal year shall become the appropriations for the next fiscal year, until the adoption of the new appropriation ordinance.
(e)
The appropriation ordinance, insofar as it relates to the appropriation for schools, shall be further subject to §
6-36-114
.
Acts 1957, ch. 238, § 7.15; T.C.A., § 6-3514.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 3 - FINANCIAL MATTERS (§§ 6-35-301 — 6-35-315) › Section 6-35-308 - Amendment to appropriation ordinance

Amendments may be made to the original appropriation at any time during a current fiscal year after a public hearing before the council on five (5) days' notice published once in the official city newspaper; provided, that increased appropriations may be made only after the city manager has certified in writing that a sufficient amount of unappropriated revenue will be available, except for emergency appropriations as provided in §
6-35-307
.
Acts 1957, ch. 238, § 7.16; T.C.A., § 6-3515.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 3 - FINANCIAL MATTERS (§§ 6-35-301 — 6-35-315) › Section 6-35-309 - Unexpended appropriation to lapse

Any portion of an annual appropriation remaining unexpended and unencumbered at the close of a fiscal year shall lapse and be credited to the general fund, except that any balance remaining in any other fund at the end of a fiscal year may remain to the credit of that fund and be subject to further appropriation.
Acts 1957, ch. 238, § 7.17; T.C.A., § 6-3516.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 3 - FINANCIAL MATTERS (§§ 6-35-301 — 6-35-315) › Section 6-35-310 - Budget control

At the beginning of each quarterly period during the fiscal year, and more often if required by the council, the manager shall submit to the council data showing the relation between the estimated and actual revenues and expenditures to date. If it shall appear that the revenues are less than anticipated, the council may reduce the appropriations, as prescribed in §
6-35-308
, except amounts required for debt and interest charges, and with the further exception that reductions in school appropriation shall be as to total amount only, to such a degree as may be necessary to keep expenditures within the receipts. The manager may provide for monthly or quarterly allotments of appropriations to all departments, agencies or activities within the manager's jurisdiction under such rules as the manager shall prescribe, and make transfers between departments, agencies, or activities within each fund, and when authorized by the city council, from one (1) fund to another; provided, that any transfer of moneys from the city school fund to any other fund shall be made only with the concurrence of the board of education.
Acts 1957, ch. 238, § 7.18; T.C.A., § 6-3517.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 3 - FINANCIAL MATTERS (§§ 6-35-301 — 6-35-315) › Section 6-35-311 - Annual audit

At the end of each fiscal year, an audit shall be made of the accounts and funds of the city covering the operations of the past fiscal year, by a certified public accountant selected by the council. The council may employ certified public accountants to audit all or any of its accounts and funds at the time it takes office or at any time it may deem expedient to assure correctness thereof.
Acts 1957, ch. 238, § 7.21; T.C.A., § 6-3520.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 3 - FINANCIAL MATTERS (§§ 6-35-301 — 6-35-315) › Section 6-35-312 - Fees

All fees received in handling city business by any officer or employee shall belong to the city and shall be paid promptly into the city treasury, except fees received by school officers and employees, which shall be paid into the city school fund.
Acts 1957, ch. 238, § 7.22; T.C.A., § 6-3521.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 3 - FINANCIAL MATTERS (§§ 6-35-301 — 6-35-315) › Section 6-35-313 - Depositories of municipal funds

(a)
(1)
The council, at a regular meeting, shall adopt a resolution to contract with a bank or banks making the best proposal to become the depository of municipal funds.
(2)
Before entering into a contract under subdivision (a)(1), the city manager or an officer appointed by the city manager shall review and analyze the proposals from the banks and submit an analysis of the proposals to each member of the council at or before the next meeting of the council. The analysis of the proposals should consider the bank or banks proposing the highest interest rate, potential service charges or other fees, factors affecting safety and liquidity of municipal funds, and any other relevant factors.
(b)
The council shall require any bank that becomes a depository of municipal funds to secure the funds by collateral in the same manner and under the same conditions as state deposits under title 9, chapter 4, parts 1 and 4, or as provided in a collateral pool created under title 9, chapter 4, part 5.
(c)
Notwithstanding any law to the contrary, at least once every four (4) years, the city manager or an officer appointed by the city manager shall reevaluate the contracts entered into pursuant to subsection (a). The city manager or an officer appointed by the city manager shall base its evaluation on proposals obtained from at least two (2) banks. The city manager or an officer appointed by the city manager shall prepare a written evaluation of the proposals and preserve the evaluations for at least three (3) years.
Amended by 2019 Tenn. Acts, ch. 277,s 3, eff. 7/1/2019.
Acts 1957, ch. 238, § 7.23; T.C.A., § 6-3522; Acts 1994, ch. 752, § 6.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 3 - FINANCIAL MATTERS (§§ 6-35-301 — 6-35-315) › Section 6-35-314 - Financial records of utilities

Separate financial and accounting records shall be maintained for each utility in accordance with accepted principles of utility accounting and as may be required by the city council, without impairing the authority of the city to manage and operate the utilities with the same personnel and equipment.
Acts 1957, ch. 238, § 7.35; T.C.A., § 6-3535.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 3 - FINANCIAL MATTERS (§§ 6-35-301 — 6-35-315) › Section 6-35-315 - Annual operating budget - Publication - Budgetary comparison

(a)
Notwithstanding any other law to the contrary, the governing body shall publish the annual operating budget and budgetary comparisons of the proposed budget with the prior year's actual figures and the current year's estimated figures, which information shall include the following:
(1)
Revenues and expenditures for the following governmental funds: general, streets/public works, general purpose school and debt service;
(2)
Revenues for each fund shall be listed separately by local taxes, state of Tennessee, federal government and other sources;
(3)
Expenditures for each fund shall be listed separately by salaries and other costs;
(4)
Beginning and ending fund balances shall be shown for each fund; and
(5)
The number of full-time equivalent employee positions shall be shown for each fund.
(b)
The publication shall be in a newspaper of general circulation and shall be published not less than ten (10) days prior to the meeting where the governing body will consider final passage of the budget.
Acts 1991, ch. 484, § 10; 1992, ch. 760, § 6.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 4 - OFFICERS AND EMPLOYEES (§§ 6-35-401 — 6-35-413) › Section 6-35-401 - City clerk

The city manager shall appoint a city clerk, together with such deputy city clerks as may be authorized by ordinance. The city clerk shall be responsible for keeping and preserving the city seal and all records of the council, attending meetings of the council and keeping a journal of proceedings at such meetings, preparing and certifying copies of official records in the city clerk's office, for which fees may be prescribed by ordinance, and performing all other duties as are prescribed by the council or city manager.
Acts 1957, ch. 238, § 7.08; T.C.A., § 6-3507.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 4 - OFFICERS AND EMPLOYEES (§§ 6-35-401 — 6-35-413) › Section 6-35-402 - Appointment, removal and supervision of personnel

The manager has the power to appoint, promote, suspend, transfer, and remove, or to take any other established personnel action consistent with §§
6-35-403
- 6-35-411 with regard to all administrative officers and employees of the city responsible to the manager; or the manager may, at the manager's discretion, authorize the head of a department or office responsible to the manager to take such actions regarding subordinates in such department or office. The manager shall appoint such heads of administrative offices, organization units, and activities as the manager may deem necessary. The manager may combine, or personally hold, any such administrative offices established pursuant to this section or otherwise established, or may delegate parts of the duties of the manager's office to designated subordinates.
Acts 1957, ch. 238, § 7.05; T.C.A., § 6-3523.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 4 - OFFICERS AND EMPLOYEES (§§ 6-35-401 — 6-35-413) › Section 6-35-403 - Merit system

(a)
The policy of the city shall be to employ those persons best qualified to carry out the functions of the city. To this end, the council shall, by ordinance, establish a merit system providing for the appointment and promotion of city officers and employees solely on the basis of competence and fitness.
(b)
All officers and employees shall be included in such merit system, except:
(1)
Council members;
(2)
Members of boards who are not city employees;
(3)
The manager and the manager's secretary;
(4)
Department heads; and
(5)
Organizations and their employees and other persons who are engaged by the city on a contractual basis.
Acts 1957, ch. 238, § 7.24; T.C.A., § 6-3524.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 4 - OFFICERS AND EMPLOYEES (§§ 6-35-401 — 6-35-413) › Section 6-35-404 - Manager to administer personnel system

(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.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 4 - OFFICERS AND EMPLOYEES (§§ 6-35-401 — 6-35-413) › Section 6-35-405 - Investigation of complaints by personnel advisory board

(a)
The personnel advisory board shall investigate complaints made to it in writing by any officer or employee who is included in the merit system and who is suspended or removed from such officer's or employee's position or otherwise adversely affected by a personnel action.
(b)
(1)
If, in the opinion of the board, the procedures established for such personnel action were not complied with, the board shall make decisions that shall be binding on the administrative officer of the city.
(2)
In all other cases, the board shall report its findings and recommendations, which shall be advisory in nature, in writing to the manager, and the decision of the manager shall be final. In all such cases any such officer or employee shall have the right to common law certiorari to review the action of the board and the manager.
Acts 1957, ch. 238, § 7.26; T.C.A., § 6-3526.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 4 - OFFICERS AND EMPLOYEES (§§ 6-35-401 — 6-35-413) › Section 6-35-406 - Personnel advisory board to assist manager

The personnel advisory board shall assist the manager in other personnel matters as may be set forth by ordinance and may investigate and make recommendations and reports to the council and manager on improvements in conditions of municipal employment and on significant violations of the principles of sound personnel administration.
Acts 1957, ch. 238, § 7.27; T.C.A., § 6-3527.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 4 - OFFICERS AND EMPLOYEES (§§ 6-35-401 — 6-35-413) › Section 6-35-407 - Compensation

Except as otherwise provided in this charter, the compensation of all officers and employees of the city shall be fixed by the manager within the limits of budget appropriations and in accordance with a comprehensive pay plan adopted by the council.
Acts 1957, ch. 238, § 7.28; T.C.A., § 6-3528.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 4 - OFFICERS AND EMPLOYEES (§§ 6-35-401 — 6-35-413) › Section 6-35-408 - Disposition of fees and commissions

The compensation of officers and employees as fixed or otherwise provided for by this charter shall be in full payment for all official services of such officers or employees, and shall be in lieu of any and all fees, commissions, and other compensation that may be receivable by such officers in performance of the duties of their offices. Such fees, commissions and compensation shall belong to the city, be collected and accounted for by such officers, and be paid over to the city.
Acts 1957, ch. 238, § 7.29; T.C.A., § 6-3529.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 4 - OFFICERS AND EMPLOYEES (§§ 6-35-401 — 6-35-413) › Section 6-35-409 - Employee benefits

The council may provide for the retirement of the city's nonelective officers and employees and make available to them any group, life, hospital, health, or accident insurance, either independently of, or as a supplement to, any retirement or other employee welfare benefits otherwise provided by law.
Acts 1957, ch. 238, § 7.30; T.C.A., § 6-3530.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 4 - OFFICERS AND EMPLOYEES (§§ 6-35-401 — 6-35-413) › Section 6-35-410 - Resignations

The council shall prescribe by ordinance appropriate procedures with respect to resignations of officers and employees and with respect to the orderly transfer of records, assets, and other effects in the custody of such officers and employees to their successors or supervisors.
Acts 1957, ch. 238, § 7.31; T.C.A., § 6-3531.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 4 - OFFICERS AND EMPLOYEES (§§ 6-35-401 — 6-35-413) › Section 6-35-411 - Surety bonds

All city officers or employees receiving, disbursing or responsible for city funds shall be bonded. The council may require any officer or employee to give a bond, approved by and in such amount as the council shall determine. All such bonds shall be corporate surety bonds, and the premiums thereon shall be paid by the city. No such bond shall be issued for a term exceeding four (4) years. No bond required by this section shall be renewed upon its expiration or in the event of the reappointment of any officer or employee to a position for which a bond is required, but a new bond shall be furnished. The resignation, removal, or discharge of any officer or employee of the city shall not, nor shall the election or appointment of another to such officer's or employee's office or employment, exonerate such officer or employee or such officer's or employee's sureties from liability incurred by such officers or employees, or such officer's or employee's sureties.
Acts 1957, ch. 238, § 7.32; T.C.A., § 6-3532.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 4 - OFFICERS AND EMPLOYEES (§§ 6-35-401 — 6-35-413) › Section 6-35-412 - Pecuniary interest prohibited

(a)
No officer or employee of the city shall have any financial interest other than the common public interest in the profits of any contract, service, or other work performed for the city; or personally profit directly or indirectly from any contract, purchase, sale, or service between the city and any person or company; or personally as an agent provide any surety, bail, or bond required by law or subject to approval by the council.
(b)
No officer or any employee shall accept any free or preferred services, benefits or concessions from any person or company, except that free transportation may be provided for police officers and firefighters on official duty.
(c)
Any officer or employee who violates this section commits misconduct of office.
Acts 1957, ch. 238, § 7.33; T.C.A., § 6-3533.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 35 - CITY MANAGER-ADMINISTRATION OF CITY AFFAIRS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-35-101 — 6-35-413) › Part 4 - OFFICERS AND EMPLOYEES (§§ 6-35-401 — 6-35-413) › Section 6-35-413 - Political activity prohibited - Penalty

(a)
No officer or employee of the city, other than council members, or members of the board of education, shall continue in the employment of the city after becoming a candidate for nomination or election to any public office nor hold office in any political activity.
(b)
No officer or employee of the city shall orally, by letter or otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription or contribution for any political party or political purpose from any officer or employee of the city.
(c)
No officer or employee of the city, other than council members or board of education members, shall make any contribution to the campaign funds of any candidate in any city election, nor shall such person take part in the management, affairs or political campaign of any city election, other than in the exercise of such person's rights as a citizen to express such person's opinions and to cast such person's vote.
(d)
(1)
Any person who alone or with others willfully or corruptly violates any provision of this section commits a Class C misdemeanor.
(2)
Any person who is convicted under this section shall be ineligible to hold any office or position of employment in the city government for a period of five (5) years thereafter and, if such person is an officer or employee at the time of conviction, shall immediately forfeit and vacate the office or position held.
Acts 1957, ch. 238, § 7.34; T.C.A., § 6-3534; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 36 - PUBLIC SCHOOLS UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-36-101 — 6-36-118) › Section 6-36-101 - Board of education - Membership - Terms of members

(a)
(1)
If a city incorporated under this charter is authorized, pursuant to general law, to establish and operate a school system, the control and management of the schools of the city shall be the responsibility of the board of education, which shall consist of five (5) qualified voters of the city, meeting the requirements of §§
6-31-105
and
6-31-112
.
(2)
By ordinance adopted by a two-thirds (2/3) vote of the entire membership of the city council, the board of education may be increased to seven (7) qualified voters of the city, meeting the requirements of §§
6-31-105
and
6-31-112
. The two (2) additional board members authorized by this subdivision (a)(2) shall be elected at-large and shall be voted on by the electors in all voting precincts of the city. This subdivision (a)(2) shall only apply within counties having a population of not less than thirty-one thousand five hundred (31,500) nor more than thirty-one thousand eight hundred (31,800), according to the 1990 federal census or any subsequent federal census.
(b)
Except as provided in §
6-36-103
, the board members shall hold office for a term of four (4) years from twelve o'clock (12:00) noon of the second Wednesday next following the regular city election at which they are elected, or until their successors are elected and qualified.
Acts 1957, ch. 238, § 8.01; T.C.A., § 6-3601; Acts 2000, ch. 959, § 1; 2011, ch. 453, § 9.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 36 - PUBLIC SCHOOLS UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-36-101 — 6-36-118) › Section 6-36-102 - Nomination, election, and recall of board members

(a)
The members of the board of education shall be nominated by petition and elected at the same time and places as provided in this charter for elections of the members of the city council, except that in the first election the manner of election shall be that provided in §
6-36-103
.
(b)
The members of the board shall be subject to the provisions of this charter with regard to recall as provided in §§
6-31-301
- 6-31-304.
(c)
Each candidate to the board or any person acting in the candidate's behalf shall be subject to §
6-31-108
.
Acts 1957, ch. 238, § 8.02; 1959, ch. 137, § 1; T.C.A., § 6-3602.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 36 - PUBLIC SCHOOLS UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-36-101 — 6-36-118) › Section 6-36-103 - First election of board - Terms of first members - Subsequent elections

(a)
The first election of board of education members shall be held at the same time and place as the first election of city council members. Eligibility requirements for voters shall be the same as §
6-31-103
. At this election, each voter shall be entitled to vote for not more than five (5) candidates for the board of education.
(b)
The two (2) candidates for the board of education who receive the two (2) highest number of votes shall be declared elected for a four-year term beginning at twelve o'clock (12:00) noon on the second Wednesday next following the election at which they were elected. The three (3) candidates for the board of education who receive the third, fourth and fifth highest number of votes respectively shall be declared elected for a two-year term beginning at twelve o'clock (12:00) noon on the second Wednesday next following the election at which they were elected.
(c)
For any board of education increased to seven (7) members pursuant to §
6-36-101(a)(2)
, the initial election of the additional two (2) members shall be held at the first November general election occurring more than forty-five (45) days following adoption of the ordinance required to expand board membership. To ensure staggered terms, the at-large candidate receiving the highest number of votes shall be declared elected for a four-year term beginning at twelve o'clock (12:00) noon on the second Wednesday next following the election; and the at-large candidate receiving the second highest number of votes shall be declared elected for a two-year term beginning at the same date and time.
(d)
Subsequent elections shall be held biennially for election of board members to four-year terms.
Acts 1957, ch. 238, § 8.03; 1959, ch. 137, § 1; T.C.A., § 6-3603; Acts 2000, ch. 959, § 2.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 36 - PUBLIC SCHOOLS UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-36-101 — 6-36-118) › Section 6-36-104 - Chair and vice chair

(a)
At the first meeting after each regular biennial election, the board shall elect a chair and vice chair.
(b)
The chair shall preside at the meetings of the board and may vote as any other member but shall have no power of veto. The chair shall perform the duties imposed upon the chair by the rules of the board.
(c)
The vice chair shall perform the duties of the chair in case of the chair's absence or inability to act.
(d)
In the event of a permanent vacancy in the office of chair, a new chair shall be elected.
Acts 1957, ch. 238, § 8.04; T.C.A., § 6-3604.