reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 14 - COUNTY PURCHASING (§§ 5-14-101 — 5-14-207) › Part 2 - COUNTY PURCHASING LAW OF 1983 (§§ 5-14-201 — 5-14-207) › Section 5-14-205 - Expenditures under $10,000

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 4, eff. 3/1/2024.
Acts 1983, ch. 451, § 5; 1995, ch. 179, § 5; 2007 , ch. 135, § 4.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 14 - COUNTY PURCHASING (§§ 5-14-101 — 5-14-207) › Part 2 - COUNTY PURCHASING LAW OF 1983 (§§ 5-14-201 — 5-14-207) › Section 5-14-206 - Stricter requirements - Regulations

(a)
County governing bodies are specifically authorized to lower the dollar amounts required in this part for public advertisement and competitive bidding to an amount to be set by the county governing body.
(b)
County governing bodies are specifically authorized to adopt regulations providing procedures for implementing this part.
Acts 1983, ch. 451, § 6.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 14 - COUNTY PURCHASING (§§ 5-14-101 — 5-14-207) › Part 2 - COUNTY PURCHASING LAW OF 1983 (§§ 5-14-201 — 5-14-207) › Section 5-14-207 - Bid specifications for purchases of chemical products

(a)
Bid specifications for purchases of chemical products pursuant to this chapter shall require that the manufacturer of the chemical products create and maintain a material safety data sheet (MSDS) for such chemical products on the national MSDSSEARCH repository or the manufacturer's web site so that the information can be accessed by means of the Internet. A site operated by or on behalf of the manufacturer or a relevant trade association is acceptable so long as the information is freely accessible to the public.
(b)
The URL for MSDSSEARCH shall be posted on the web site of the department of general services as provided in §
12-3-808
. In lieu of posting a MSDS on MSDSSEARCH, a bidder shall include the manufacturer's URL for their MSDS in the bid proposal or purchase order.
Acts 2003, ch. 184, § 1; 2004, ch. 613, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 16 - URBAN TYPE PUBLIC FACILITIES (§§ 5-16-101 — 5-16-113) › Section 5-16-101 - Power granted to counties - Chapter definitions

(a)
The various counties of this state are hereby authorized to establish, construct, install, acquire, operate and maintain urban type public facilities in any area or areas within their borders, and to charge fees, rates and charges for such facilities.
(b)
As used in this chapter, unless the context otherwise requires:
(1)
"Other governing body" means only that body having the taxing authority; and
(2)
"Urban type public facilities" means and includes sanitary and storm sewer lines and facilities, plants for the collection, treatment and disposal of sewage and waste matter, facilities and plants for the incineration or other disposal of garbage, trash, ashes and other waste matter, or water supply and distribution lines, facilities and plants, chemical pipelines and docks, or all of these things, and fire protection and emergency medical services.
Acts 1961, ch. 166, § 1; 1965, ch. 326, §§ 1, 2; 1967, ch. 308, §1; T.C.A., §5-1601; Acts 2007 , ch. 107, §1; 2008 , ch. 1034, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 16 - URBAN TYPE PUBLIC FACILITIES (§§ 5-16-101 — 5-16-113) › Section 5-16-102 - Resolution of authorization

For the exercise of the powers conferred by this chapter, a county shall authorize same by resolution adopted by a majority of the county legislative body or other governing body. Such resolution shall provide for the exercise of such powers by either:
(1)
Some agency of the county already in existence;
(2)
A public works department to be created; or
(3)
A board established as provided in §
5-16-103
.
Acts 1961, ch. 166, § 2; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1602.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 16 - URBAN TYPE PUBLIC FACILITIES (§§ 5-16-101 — 5-16-113) › Section 5-16-104 - Superintendent - Appointment - Compensation - Powers exercised on behalf of county

(a)
The general supervision and control of the acquisition, improvement, operation and maintenance of the urban type public facilities as provided in this chapter shall be in charge of the board or other agency as provided in this chapter.
(b)
If the powers of this chapter are exercised by an agency other than the board as provided in this chapter, such agency shall have at its head a person to be known as a superintendent, to be appointed by the county mayor, subject to confirmation by the county legislative body or other governing body, and if such powers are exercised by a board, such board shall appoint a superintendent.
(c)
(1)
The superintendent in any case shall be a person who shall be qualified by training and experience for supervision over the maintenance and operation of the facilities as provided in this chapter.
(2)
Such person need not be a resident of the county or of the state at the time of such person's selection.
(d)
(1)
In the event that the powers as provided in this chapter are exercised by an agency other than the board as provided in this chapter, the salary of the superintendent shall be fixed by the county legislative body or other governing body.
(2)
If such powers are exercised by the board as provided in this chapter, the salary shall be fixed by the board, subject to approval of the county legislative body or other governing body.
(3)
In either case, the superintendent shall serve at the pleasure of the appointing authority and shall be subject to removal by that authority at any time.
(e)
Within the limits of the funds available therefor, all powers to acquire, improve, operate and maintain the facilities as provided in this chapter, and all powers necessary or convenient thereto, conferred by this chapter shall be exercised on behalf of the county by the board, or other agency, and the superintendent respectively.
Acts 1961, ch. 166, § 4; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., §5-1604; Acts 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 16 - URBAN TYPE PUBLIC FACILITIES (§§ 5-16-101 — 5-16-113) › Section 5-16-105 - Superintendent - Powers and duties

(a)
The superintendent shall have charge of all actual construction, the immediate management and operation of all the facilities as provided in this chapter and the enforcement of all rules, regulations, programs, plans and decisions of the governing authority, which shall be either the county legislative body or other governing body, or the board as provided in this chapter.
(b)
The superintendent shall hire all employees and fix their duties, excepting that the appointment of all technical consultants, advisers and legal assistants shall be subject to the approval of the governing authority.
(c)
The superintendent, with the approval of the governing authority, may fix compensation of all employees.
(d)
(1)
The superintendent may, with the approval of the governing authority, acquire and dispose of all property, real and personal, necessary to effectuate the purposes of this chapter. Title to such property shall in all cases be taken in the name of the county.
(2)
The superintendent, subject to the approval of the governing authority, shall let all contracts.
(3)
The superintendent may, however, make purchases of personalty up to a cost of ten thousand dollars ($10,000) without the approval of the governing authority, but subject to such regulations as the governing authority may prescribe.
(4)
Any contract for construction exceeding ten thousand dollars ($10,000) shall be advertised by the superintendent for bids.
(5)
If the powers conferred by this chapter are exercised by an agency other than the board as provided in this chapter, such bids shall be subject to the approval of the county mayor, and if they are exercised through the board, they shall be subject to approval of the board.
(6)
If the county has a central purchasing authority, purchases for the purposes herein contemplated must, at the discretion of the governing body of the county, be made through:
(A)
The central purchasing authority; or
(B)
The county board of public utilities, in accordance with purchasing policies approved by the governing body of the county.
(e)
The superintendent shall make and keep full and proper books and records, subject to the supervision and direction of the governing authority.
Amended by 2018 Tenn. Acts, ch. 556, s 1, eff. 3/14/2018.
Acts 1961, ch. 166, § 5; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., §5-1605; Acts 2003 , ch. 90, §2; 2011 , ch. 193, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 16 - URBAN TYPE PUBLIC FACILITIES (§§ 5-16-101 — 5-16-113) › Section 5-16-106 - Bonds

(a)
The county legislative body is hereby authorized to issue bonds of the county for the purpose of financing the cost of establishment, construction, installation or acquisition of any urban type public facility.
(b)
Bonds so issued may be either general obligation bonds of the county secured by the full faith and credit and taxing power of the county, or revenue bonds secured by the revenues derived from the operation of the urban type public facility financed thereby, or by a combination of such revenues and the unpledged revenues derived by the county from any other urban type public facilities owned and operated by the county.
(c)
(1)
Any bonds issued by the county for the purpose of financing urban type public facilities shall be issued in the manner and form prescribed by the applicable provisions of title 9, chapter 21.
(2)
In the issuance of bonds, an urban type public facility so financed shall be deemed to be a "public works project," as defined in title 9, chapter 21, and all power and authority conferred upon the county by the terms and provisions of title 9, chapter 21 with respect to the construction, operation, maintenance, financing and the fixing and collection of fees, rates, rents and other charges shall be available to and vested in the county with respect to the establishment, construction, installation, acquisition, operation, maintenance and financing of the urban type public facilities authorized pursuant to this chapter.
Acts 1961, ch. 166, § 6; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., § 5-1606; Acts 1988, ch. 750, §§ 4, 5.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 16 - URBAN TYPE PUBLIC FACILITIES (§§ 5-16-101 — 5-16-113) › Section 5-16-107 - Intergovernmental cooperation

(a)
In connection with the operation of any urban type public facility as provided in this chapter, the board or other administrative agency, with the approval of the county legislative body or other governing body, is hereby authorized to enter into contracts with other governmental units or agencies, federal, state, or local, including municipalities, towns, utility districts and improvement districts within the county, for the furnishing of services and facilities within the purview of this chapter, and to enter into cooperative arrangements and agreements for providing such services and facilities, upon terms deemed advantageous by the board or other administrative agency.
(b)
With the approval of the county legislative body or other governing body, the board or other administrative agency is authorized to enter into contracts with any of such governmental units or entities to provide or share in the provision of any urban type facility and for the joint operation thereof, and to make or pay charges in connection therewith by written agreement with such unit or entity.
(c)
All governmental units subject to the jurisdiction of the state are hereby authorized to enter into contracts with the board or other administrative agency for providing any urban type public facility within the purview of this chapter, and to otherwise cooperate in furnishing such facilities, upon any terms deemed to be mutually advantageous.
(d)
In any cooperative undertaking by the board or other administrative agency with any other governmental unit or entity as described in this section for furnishing any of the facilities contemplated in this chapter, the county's share of the costs may be financed in the same manner as is provided for in §
5-16-106
.
Acts 1961, ch. 166, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1607.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 16 - URBAN TYPE PUBLIC FACILITIES (§§ 5-16-101 — 5-16-113) › Section 5-16-108 - Sewerage facilities - Mandatory connection and use

The board or other administrative agency is hereby authorized to require any person, firm or corporation owning or occupying property within an area of land in which sewerage facilities are maintained by the board or administrative agency, to connect with and use such facilities.
Acts 1961, ch. 166, § 8; T.C.A., § 5-1608.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 16 - URBAN TYPE PUBLIC FACILITIES (§§ 5-16-101 — 5-16-113) › Section 5-16-109 - Service charges - Rules and regulations

(a)
The board or administrative agency shall determine and fix charges to be made for furnishing any and all of the facilities as provided in this chapter, upon a basis calculated to ensure the fiscal solvency of the operation at all times.
(b)
The board or administrative agency is further authorized and directed to make and publish reasonable rules and regulations covering the use by any individual, firm or corporation of any facility furnished to users.
(c)
A board or administrative agency that is increasing the charges for fire protection services by more than ten percent (10%) shall obtain approval for such increase from the county legislative body prior to the increase taking effect. This subsection (c) applies in any county having a population greater than nine hundred thousand (900,000), according to the 2010 federal census or any subsequent federal census.
Amended by 2018 Tenn. Acts, ch. 738,s 2, eff. 4/18/2018.
Acts 1961, ch. 166, § 9; T.C.A., § 5-1609.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 16 - URBAN TYPE PUBLIC FACILITIES (§§ 5-16-101 — 5-16-113) › Section 5-16-110 - Municipal annexation or incorporation - Effect on facilities

(a)
(1)
Upon annexation by any municipality, or by including within the corporate territorial limits of any incorporating municipality, of an area including any of the facilities as herein authorized and provided, the municipality and the county legislative body or other governing body shall attempt to reach a written agreement for the allocation and conveyance to the municipality of any or all functions, rights, duties, property, assets or liabilities, in conjunction with such facilities, that justice and reason may require in the circumstances.
(2)
The annexing or incorporating municipality, for and to the extent that it may choose, shall have the exclusive right to provide such facilities within the annexed or incorporated area, and shall manifest such choice by proper resolution or ordinance at the first meeting of its governing body after the annexation or incorporation.
(3)
Subject to subdivision (a)(2), any such matters upon which the respective parties are not in written agreement within sixty (60) days after the operative date of such annexation shall be settled by arbitration in accordance with the state laws of arbitration effective at the time of submission to the arbitrators, and §
29-5-101(2)
shall not apply to any arbitration arising hereunder.
(4)
The award so rendered shall be transmitted to the chancery court, and thereupon shall be subject to review in accordance with §§
29-5-113
- 29-5-115 and 29-5-118.
(5)
Subdivisions (a)(1) and (2) shall not apply to any city that is being incorporated if that city does not plan to furnish service that would compete with service the county is now furnishing.
(b)
(1)
If there are outstanding bonds or other obligations in conjunction with the public facilities as herein provided, the agreement or arbitration award shall also provide that the municipality will operate such facilities in the annexed or incorporated territory and account for the revenues therefrom in such manner as not to impair the obligations of contract with reference to such bonds or other obligations.
(2)
The rights vested in the holders of all such outstanding bonds or other obligations shall be fully preserved and in no wise impaired by any agreement or arbitration award.
Acts 1961, ch. 166, § 10; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1610; Acts 1980, ch. 489, §§ 1-3, 5.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 16 - URBAN TYPE PUBLIC FACILITIES (§§ 5-16-101 — 5-16-113) › Section 5-16-111 - Service near city or town - Restrictions

A county may not extend any public facilities, as provided for in this chapter, within five (5) miles of any part of the boundary of an incorporated city or town unless such incorporated city or town has failed to take appropriate action to provide a specified public facility or facilities in a specified area or areas for a period of ninety (90) days after having been petitioned to do so by resolution of the county legislative body or other governing body. The resolution shall contain a plan of service, and shall be accompanied by a preliminary engineering report and a financial feasibility report, and shall set out the type, standard and schedule of installation of public facilities and the specified area or areas proposed to be served by the county. The resolution, plan of service and reports shall have been previously submitted to the local planning commission for review as provided for in §
5-16-112
.
Acts 1961, ch. 166, § 11; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1611.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 16 - URBAN TYPE PUBLIC FACILITIES (§§ 5-16-101 — 5-16-113) › Section 5-16-112 - Plan of services

(a)
(1)
No county shall adopt the resolution provided for in §
5-16-102
until there is presented to the regional planning commission serving such county a plan of services for a specified area or areas, for study and a written report, to be rendered within ninety (90) days after such submission, unless by resolution of the county legislative body or other governing body a longer period is allowed.
(2)
Such plan of services shall set forth, at a minimum, the identification and proposed timing of the services to be rendered.
(b)
No county shall construct or acquire facilities under this chapter unless plans, including necessary engineering and financing plans, have been similarly presented to the planning commission for study and report.
(c)
In the event there is no such regional planning commission, then the referral shall be to the local planning commission of the largest municipality within the county having such a commission, and if no municipality within the county has such a planning commission, to the state planning office [abolished].
Acts 1961, ch. 166, § 12; impl. am. Acts 1972, ch. 542, §15; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1612.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 16 - URBAN TYPE PUBLIC FACILITIES (§§ 5-16-101 — 5-16-113) › Section 5-16-113 - Agreement to permit other entity to operate within service area

A county water system, or a county water authority created by private act, may enter into an agreement with a municipal water system, a water utility district, an investor-owned water utility, or a county water and wastewater system treatment authority to permit that other entity to operate within its service area. A county water system or a county water authority shall establish a method by which the system's or authority's ratepayers may petition the system or authority to consider entering into an agreement pursuant to this section.
Added by 2022 Tenn. Acts, ch. 889, s 6, eff. 4/14/2022.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 17 - COUNTY-WIDE FIRE DEPARTMENTS (§§ 5-17-101 — 5-17-108) › Section 5-17-103 - County fire chief

(a)
The county-wide fire department shall be headed by an official to be known as the county fire chief, in whom shall be vested all the powers of the agency and the right to delegate those powers to such persons as the fire chief may see fit.
(b)
While responding to, operating at, or returning from an emergency site, the fire chief, or any member serving in the capacity of fire officer in charge, shall have all authority granted to municipal fire departments by §
6-21-703
.
(c)
The county fire chief shall be appointed by the county mayor, subject to confirmation by the county legislative body or other governing body.
(d)
In counties governed by a metropolitan government as defined by §
7-1-101
, this section shall not be effective, and the management and control of the agency or department shall be vested in the person in whom the charter of the metropolitan government vests the management and control of the agency that has the responsibility for the protection against fire of life and property within the urban services district.
(e)
In any county having a population of not less than eight hundred thousand (800,000), according to the 2000 federal census or any subsequent federal census, the county fire chief shall be appointed by the county mayor, subject to confirmation by the county legislative body. The county mayor and legislative body shall ensure that the views and opinions of all participating governmental entities are given full consideration in the selection of the fire chief, with the exact methodology to be determined by local ordinance.
Acts 1965, ch. 138, § 3; 1968, ch. 611, § 4; 1978, ch. 674, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1703; Acts 1999, ch. 125, §4; 2003 , ch. 90, §2; 2007 , ch. 39, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 17 - COUNTY-WIDE FIRE DEPARTMENTS (§§ 5-17-101 — 5-17-108) › Section 5-17-104 - Budget

(a)
The county-wide fire department shall prepare an annual budget of anticipated receipts and expenditures, and it shall be submitted to the county legislative body or other governing body of the county.
(b)
In those counties that have established fire and emergency services tax districts, the county-wide fire department shall determine what share of the total annual expense of the county-wide fire department must be allocated to each fire and emergency services tax district.
(c)
In those counties having a metropolitan government, the budget for the county-wide fire department shall be prepared, submitted and adopted in the manner provided therefor in the charter of the metropolitan government.
Acts 1965, ch. 138, § 4; 1968, ch. 611, § 5; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1704; Acts 1999, ch. 125, §3; 2012 , ch. 771, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 17 - COUNTY-WIDE FIRE DEPARTMENTS (§§ 5-17-101 — 5-17-108) › Section 5-17-105 - Fire and emergency services tax districts

(a)
(1)
The boundaries of fire and emergency services tax districts shall be determined by the county legislative body or other governing body, and shall become fixed by resolution of the county legislative body or other governing body thirty (30) days or more after notice of the determination of the boundaries of a district has been given to the property owners of the district.
(2)
Such notice shall be given by mailing a description of the boundaries of the district to all of the property owners of record within the district, at their last known address.
(b)
The boundaries of any district may be altered at any time by means of the same procedure by which the district was created.
(c)
In the case of county-wide fire districts as authorized by §
5-17-101
, the fire and emergency services tax district shall comprise the entire county outside of any and all incorporated municipalities within the county, but each and every such incorporated municipality within the county may elect to contract with the county for inclusion in such fire and emergency services tax district as authorized by §
5-17-108
.
(d)
In those counties having eight (8) or more incorporated municipalities that levy a property tax and four (4) or more special school districts, the fire and emergency services tax district shall comprise the entire county, including each and every incorporated municipality.
Acts 1965, ch. 138, § 5; 1978, ch. 674, § 4; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1705; Acts 1996, ch. 836, §1; 2012 , ch. 771, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 17 - COUNTY-WIDE FIRE DEPARTMENTS (§§ 5-17-101 — 5-17-108) › Section 5-17-106 - Fire and emergency services tax - Levy

(a)
The county legislative body or other governing body shall levy an annual fire and emergency services tax upon the property owners of each district. The county legislative body of any county having a population of not less than eighty thousand (80,000) nor more than eighty-three thousand (83,000), according to the 1990 federal census or any subsequent federal census, that after April 8, 1992, establishes a fire and emergency services tax district, may levy an annual fire and emergency services tax upon the property owners of each district. If a tax is levied, subsection (b) shall apply to such fire and emergency services tax.
(b)
The fire and emergency services tax of each fire and emergency services tax district shall be set at a rate sufficient to pay that district's share of the total budget of the county-wide fire department.
Acts 1965, ch. 138, § 6; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1706; Acts 1992, ch. 649, §1; 2012 , ch. 771, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 17 - COUNTY-WIDE FIRE DEPARTMENTS (§§ 5-17-101 — 5-17-108) › Section 5-17-107 - Fire and emergency services tax - Inclusion in property tax

(a)
The fire and emergency services tax shall be assessed in the same manner as the county property tax and collected as an addition thereto.
(b)
The fire and emergency services tax shall in all ways be treated as a part of the county property tax.
Acts 1965, ch. 138, § 7; T.C.A., §5-1707; Acts 2012 , ch. 771, § 1.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 17 - COUNTY-WIDE FIRE DEPARTMENTS (§§ 5-17-101 — 5-17-108) › Section 5-17-108 - Service supplementary

Nothing in this chapter shall be construed to limit in any way the fire departments of any municipality or utility district providing fire service, but merely authorizes such county fire protection service to contract with municipalities or utility districts in order to coordinate fire service county-wide.
Acts 1965, ch. 138, § 8; T.C.A., § 5-1708.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 18 - COUNTY HISTORIAN (§ 5-18-101) › Section 5-18-101 - In general

The legislative body of each county shall appoint some person of the county as county historian, who shall serve without compensation and whose duties shall include, but not be limited to, collecting and preserving local and state history, and in doing so, to work with, in such manner as may mutually be agreed upon, the state historian, the state library and archives and the Tennessee historical commission.
Acts 1965, ch. 45, § 1; T.C.A., § 5-1801.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 19 - GARBAGE AND RUBBISH COLLECTION AND DISPOSAL SERVICES (§§ 5-19-101 — 5-19-116) › Section 5-19-101 - Power granted to counties

The several counties of this state are hereby authorized to provide garbage and rubbish collection services or garbage and rubbish disposal services, or both, to the entire county or to special districts within the county as provided in this chapter.
Acts 1969, ch. 201, § 1; T.C.A., § 5-1901.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 19 - GARBAGE AND RUBBISH COLLECTION AND DISPOSAL SERVICES (§§ 5-19-101 — 5-19-116) › Section 5-19-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Garbage and rubbish collection service" means and includes all operations of all manpower and equipment, whether employed or owned by the county or by some other entity, public or private, with which the county may choose to contract, for the gathering, removal and transporting of refuse produced by the area to be served;
(2)
"Garbage and rubbish disposal service" means and includes all composting or other processing plants, incinerators, sanitary landfills and all other sites or facilities for the receiving, processing and getting rid of collected refuse, whether publicly or privately owned or operated, or both; and
(3)
"Other governing body" means only that body having the taxing authority.
Acts 1969, ch. 201, § 1; T.C.A., § 5-1902.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 19 - GARBAGE AND RUBBISH COLLECTION AND DISPOSAL SERVICES (§§ 5-19-101 — 5-19-116) › Section 5-19-103 - Resolution authorizing services

For the exercise of the powers conferred by this chapter, a county shall authorize same by resolution adopted by a majority of the county legislative body or other governing body. Such resolution shall provide for the exercise of such powers by either:
(1)
Some agency or officer of the county already in existence;
(2)
A county sanitation department to be created;
(3)
A board established as provided in §
5-19-104
; or
(4)
Contractual arrangements the county may make between itself and any municipality, any utility or other service district, any private organization or any combination of such entities engaged in garbage and rubbish collection services or garbage and rubbish disposal services, or both. In the event all such county services are to be rendered exclusively by such contractual arrangements, the contracts involved shall be negotiated by the county mayor, shall be subject to the approval of the county legislative body or other governing body and may be administered by the county mayor without the appointment of a superintendent, as provided for in §
5-19-105
, being required.
Acts 1969, ch. 201, § 2; impl. am. Acts 1978, ch. 934, §§ 7, 16, 35; T.C.A., §5-1903; Acts 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 19 - GARBAGE AND RUBBISH COLLECTION AND DISPOSAL SERVICES (§§ 5-19-101 — 5-19-116) › Section 5-19-104 - County board of sanitation

(a)
(1)
In the event the resolution provides for the exercise of the powers provided for in this chapter by a board, upon the approval of the resolution, the county mayor shall appoint, subject to confirmation by the county legislative body or other governing body, three (3) persons to constitute what shall be known as "the county board of sanitation," which appointees shall serve for one (1), two (2), and three (3) years respectively, from July 1 next succeeding the date of appointment.
(2)
Successors to such appointees shall each be appointed for a term of three (3) years by the county mayor, subject to confirmation as provided for in subdivision (a)(1).
(3)
The county mayor shall in like manner fill any vacancies that may occur for the unexpired terms thereof.
(b)
Each member shall give such bond as may be required by resolution of the county legislative body or other governing body.
(c)
The salary or per diem payment, if any, for service on the county board of sanitation shall be established by resolution of the county legislative body. Necessary travel expenses incurred in the performance of their duties shall be paid by the county.
(d)
A majority of the board shall constitute a quorum.
(e)
The board shall elect its own chair, and shall be authorized to employ such clerical help as may be necessary.
(f)
(1)
The board shall hold public meetings at least once each month at such regular time and place as the board may determine, and special meetings upon the call of the chair.
(2)
The board shall establish its own rules of procedure.
(g)
Any member of the board may be removed from office for cause upon a vote of two-thirds (2/3) of the members of the county legislative body or other governing body, but only after preferment of formal charges by a resolution of a majority of such governing body and following a public hearing before it.
(h)
Before the board shall adopt any proposed budget or salary plan for its employees, it shall submit same to the county legislative body or other governing body for approval or rejection.
Acts 1969, ch. 201, § 3; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., § 5-1904; Acts 1998, ch. 730, §1; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 19 - GARBAGE AND RUBBISH COLLECTION AND DISPOSAL SERVICES (§§ 5-19-101 — 5-19-116) › Section 5-19-105 - Supervision generally - Office of superintendent

(a)
The general supervision and control of the acquisition, improvement, operation and maintenance of all such refuse collection or disposal systems, or both, as provided in this chapter shall be in charge of the county legislative body or other governing body or other agency as provided in this chapter.
(b)
(1)
If the powers of this chapter, other than those exercised exclusively by contractual arrangements, are exercised by an agency other than the county legislative body or other governing body or by other than the board as provided in this chapter, such agency shall have at its head a person to be known as a superintendent, to be appointed by the county mayor, subject to confirmation by the county legislative body or other governing body, and if such powers are exercised by a board, such board shall appoint a superintendent.
(2)
The superintendent, in any case where a superintendent is required, shall be a person who shall be qualified by training and experience for supervision over the maintenance and operation of the facilities and services as provided in this chapter.
(3)
Such person need not be a resident of the county or of the state at the time of such person's selection.
(4)
In the event that the powers as provided in this chapter are exercised by an agency other than the board as provided in this chapter, the salary of the superintendent shall be fixed by the county legislative body or other governing body.
(5)
If such powers are exercised by the board as provided in this chapter, the salary shall be fixed by the board, subject to approval of the county legislative body or other governing body.
(6)
In either case, the superintendent shall serve at the pleasure of the appointing authority and shall be subject to removal by that authority at any time.
(c)
Within the limits of the funds available therefor, all powers to acquire, improve, operate and maintain the facilities and services as herein provided, and all powers necessary or convenient thereto, conferred by this chapter shall be exercised on behalf of the county by the county legislative body or other governing body or by the board, or other designated agency, and the superintendent respectively.
Acts 1969, ch. 201, § 4; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., §5-1905; Acts 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 19 - GARBAGE AND RUBBISH COLLECTION AND DISPOSAL SERVICES (§§ 5-19-101 — 5-19-116) › Section 5-19-106 - Intergovernmental cooperation

(a)
In connection with the operation of any refuse collection or disposal equipment or facility as provided in this chapter, the superintendent, or the board in the event the powers conferred by this chapter are exercised through a board, with the approval of the county legislative body or other governing body, or the county legislative body or other governing body is hereby authorized to enter into contracts with other governmental units or agencies, federal, state or local, including municipalities, towns, utility districts and improvement districts within the county or with private contractors, for furnishing services, equipment and facilities within the purview of this chapter, and to enter into cooperative arrangements and agreements for providing such services and facilities, upon terms deemed advantageous by the agency involved.
(b)
The county legislative body or other governing body, or other agency involved with the approval of the county legislative body or other governing body, is authorized to enter into contracts with any of the governmental units described in subsection (a) or private entities to provide or share in the provision of any refuse collection or disposal equipment, facility or service and for the joint operation thereof, and to make or pay charges in connection therewith by written agreement with such unit or entity.
(c)
All governmental units subject to the jurisdiction of the state are hereby authorized to enter into contracts with the appropriate agency prescribed herein for the providing of any refuse collection or disposal equipment, facility or service within the purview of this chapter, and to otherwise cooperate in furnishing such facilities, equipment or services upon any terms deemed to be mutually advantageous.
(d)
In any cooperative undertaking with any other governmental unit or entity, or in a contract with any private contractor, as described in this section for furnishing any of the facilities, equipment or services contemplated in this chapter, the county's share of the costs may be financed in the same manner as is provided for in §
5-19-111
to discharge direct county costs for such facilities, equipment or services.
Acts 1969, ch. 201, § 5; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1906.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 19 - GARBAGE AND RUBBISH COLLECTION AND DISPOSAL SERVICES (§§ 5-19-101 — 5-19-116) › Section 5-19-107 - Powers of counties

The several counties are empowered to do all things necessary to provide such county-wide or special district garbage and rubbish collection service or garbage and rubbish disposal service, or both, including, but not limited to:
(1)
Sue and be sued;
(2)
Take or acquire real or personal property of every kind, or any interest therein within the county, by grant, purchase, gift, devise or lease, and hold, manage, occupy, dispose of, convey, and encumber the same and create a leasehold interest in the same for the benefit of the county;
(3)
Exercise the right of eminent domain;
(4)
Establish, equip, operate and maintain the services, or any of them, authorized by this chapter and establish and enforce regulations including, but not limited to, those for the administration, operation and maintenance thereof;
(5)
Appoint and employ necessary employees and define their qualifications, duties and responsibilities, and provide for payment in reasonable sums for such duties;
(6)
Employ counsel;
(7)
Enter into and perform all necessary contracts, including, but not limited to, contracts with incorporated towns and cities, or with utility districts, within or without the county, or with private contractors, to provide such services within or without their corporate limits, contracts to provide or to be provided training and maintenance, contracts with one (1) or more other counties or with one (1) or more municipalities in other counties for joint provision of such services, contracts for purchasing or leasing necessary equipment, contracts for the performance of any or all operations involved in the provision of such services either on a district, or on a county-wide basis, or on an intergovernmental basis;
(8)
Provide and maintain all special service functions necessary to the implementation of this chapter, such as, but not limited to, the services of the county sanitarian in the inspection of all refuse processing or disposing operations within the county;
(9)
Make regulations that shall have the force of law governing all collection and disposal operations and practices entered into under the terms of this chapter;
(10)
Set the boundaries of special refuse disposal districts established under the terms of this chapter;
(11)
Establish schedules of, and collect reasonable charges for, any services rendered in any district or area that are not covered by the special tax levy authorized in §
5-19-108
or §
5-19-109
for garbage and rubbish collection or disposal, or both, in that district or area; and
(12)
Make written agreements for the allocation and conveyance to any annexing municipality of any or all public functions, rights, duties, property, assets and liabilities of a county-wide or district system within or without the area annexed, or to be annexed, that justice and reason may require in the circumstances.
Acts 1969, ch. 201, § 6; T.C.A., § 5-1907.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 19 - GARBAGE AND RUBBISH COLLECTION AND DISPOSAL SERVICES (§§ 5-19-101 — 5-19-116) › Section 5-19-108 - Tax levy

Such garbage and rubbish collection and disposal services may be financed in whole or in part by a levy of a tax on all property in the county only if all persons in the county are to be equally served, but such a county-wide levy shall be unlawful if any city, town or special district in any city or town, that, through its own forces or by contract, provides such services within its boundaries, or if any other part of the county is to be excluded from the service area.
Acts 1969, ch. 201, § 7; T.C.A., § 5-1908.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 19 - GARBAGE AND RUBBISH COLLECTION AND DISPOSAL SERVICES (§§ 5-19-101 — 5-19-116) › Section 5-19-109 - Service districts

(a)
If less than all persons in the county are to be served, the county, if it chooses to enter into garbage and rubbish collection and disposal activities, must establish a district or districts within which the service is to be provided.
(b)
Such county must pay the full costs of the services to be provided either:
(1)
From the proceeds of a tax levied only on property within the district or districts;
(2)
From the proceeds of a schedule of service charges levied upon the recipients of the services in the district or districts; or
(3)
From a combination of both such a tax levy and service charge levy.
(c)
The county legislative body or other governing body may, in its discretion, allocate from among the general funds otherwise available to it an amount sufficient to compensate the garbage and rubbish disposal operation for the use of disposal facilities by persons other than those who reside in the districts served, and may reduce the cost to be recovered from such district or districts by a like amount.
Acts 1969, ch. 201, § 8; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 5-1909.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 19 - GARBAGE AND RUBBISH COLLECTION AND DISPOSAL SERVICES (§§ 5-19-101 — 5-19-116) › Section 5-19-110 - Superintendent - Powers and duties

(a)
The superintendent, in all cases in which that office is created, has charge of all actual construction and of the immediate management and operation of all the services, equipment and facilities provided for in this chapter which are owned and operated by the county and of the enforcement of all rules, regulations, programs, plans and decisions of the board or governing body and of the administration of all contracts between the county and other entities covering refuse collection and disposal services.
(b)
(1)
Within the limits of a budget and of a salary plan to be approved by the county governing body, the superintendent shall hire all employees and fix their duties, except that the engagement of technical consultants, advisers and legal assistants shall be subject to the approval of the governing body.
(2)
The superintendent, with the approval of the governing body, may fix the compensation of all employees.
(c)
(1)
The superintendent, with the approval of the governing body, may acquire and dispose of all property, real and personal, necessary to effectuate the purposes of this chapter.
(2)
Title to such property shall in all cases be taken in the name of the county.
(d)
(1)
The superintendent, subject to the approval of the governing body, shall let all contracts.
(2)
The superintendent may, however, make purchases of personalty up to a cost of five hundred dollars ($500), within budgetary limits, without the approval of the governing body, subject, however, to such rules governing such purchases as the governing body may prescribe.
(3)
Any contract for construction exceeding two thousand dollars ($2,000) shall be advertised by the superintendent for bids.
(4)
Where the county has a central purchasing authority, purchases made for the purposes herein contemplated shall be processed through such authority.
Acts 1969, ch. 201, § 9; T.C.A., § 5-1910.
2023 Tennessee Code › Title 5 - COUNTIES (§§ 5-1-101 — 5-23-112) › Chapter 19 - GARBAGE AND RUBBISH COLLECTION AND DISPOSAL SERVICES (§§ 5-19-101 — 5-19-116) › Section 5-19-111 - Bonds

(a)
The county legislative body, or other governing body, of the county is hereby authorized to issue bonds of the county for the purpose of financing the cost of the establishment, construction, installation or acquisition of any refuse collection or disposal equipment or facility.
(b)
Bonds so issued may be either general obligation bonds of the county secured by the full faith and credit and taxing power of the county, or by taxes levied on property in a specified district, or revenue bonds secured by the revenues derived from the operation of the refuse collection or disposal equipment or facility financed thereby, or by a combination of such revenues and the unpledged revenues derived by the county from any other refuse collection or disposal equipment or facility owned and operated by the county, or combination revenue-general obligation deficiency bonds secured primarily by revenues and secondarily by the taxing power of the county.
(c)
(1)
Any bonds issued by the county for the purpose of financing refuse collection or disposal equipment or facilities shall be issued in the manner and form prescribed by the applicable provisions of title 9, chapter 21.
(2)
In the issuance of bonds, any refuse collection or disposal equipment or facility so financed shall be deemed to be a "public works project," as defined in title 9, chapter 21, and all power and authority conferred upon the county by the terms and provisions of title 9, chapter 21, with respect to the construction, operation, maintenance, financing and the fixing and collection of fees, rates, rents and other charges shall be available to and vested in the county with respect to the establishment, construction, installation, acquisition, operation, maintenance and financing of the refuse collection or disposal equipment or facility authorized pursuant to this chapter.
Acts 1969, ch. 201, § 10; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., § 5-1911; Acts 1988, ch. 750, §§ 6, 7.