reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › CITY MANAGER-COMMISSION CHARTER (§§ 6-18-101 — 6-23-101) › Chapter 22 - FISCAL AFFAIRS UNDER CITY MANAGER-COMMISSION CHARTER (§§ 6-22-101 — 6-22-130) › Section 6-22-111 - Tax liens - Errors and irregularities in assessment

(a)
All municipal taxes on real estate in the city, and all penalties and costs accruing thereon, are hereby declared to be a lien on such realty from and after January 1 of the year for which same are assessed, superior to all other liens, except the liens of the United States, the state and the county, for taxes legally assessed thereon, with which it shall be a lien of equal dignity.
(b)
No assessment shall be invalid because the size and dimensions of any tract, lot or parcel of land shall not have been precisely named nor the amount of the valuation or tax not correctly given, nor because the property has been assessed in the name of a person who did not own the same, nor because the same was assessed to unknown owners, nor on account of any objection or informality merely technical, but all such assessments shall be good and valid.
(c)
The board of commissioners shall have power to correct any errors in the tax assessments upon a certificate filed by the assessor of property or assessing body.
Acts 1921, ch. 173, art. 10, § 6; Shan. Supp., § 1997a176; Code 1932, § 3573; Acts 1974, ch. 771, § 3; T.C.A. (orig. ed.), § 6-2212; Acts 2008, ch. 971, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › CITY MANAGER-COMMISSION CHARTER (§§ 6-18-101 — 6-23-101) › Chapter 22 - FISCAL AFFAIRS UNDER CITY MANAGER-COMMISSION CHARTER (§§ 6-22-101 — 6-22-130) › Section 6-22-112 - Delinquency penalties - Discount for early payment

(a)
On December 1 of the year for which the taxes are assessed, or other date provided by ordinance, a penalty of two percent (2%) upon all taxes remaining unpaid shall be imposed and collected by the city and paid into the city treasury. An additional penalty of two percent (2%) shall be added for each month thereafter for twelve (12) months.
(b)
If any taxpayer elects to pay such taxpayer's taxes prior to October 1, that taxpayer shall be entitled to a discount of two percent (2%) from the amount of the taxpayer's bill.
Acts 1921, ch. 173, art. 10, § 7; Shan. Supp., § 1997a177; Code 1932, § 3574; T.C.A. (orig. ed.), § 6-2213.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › CITY MANAGER-COMMISSION CHARTER (§§ 6-18-101 — 6-23-101) › Chapter 22 - FISCAL AFFAIRS UNDER CITY MANAGER-COMMISSION CHARTER (§§ 6-22-101 — 6-22-130) › Section 6-22-113 - Change of due dates - Semiannual installments

(a)
The board of commissioners may, by ordinance passed by unanimous vote, change the due date and delinquent date of all taxes, and may provide for the semiannual payment of taxes and a discount for the prompt payment of such taxes.
(b)
In case a semiannual installment of taxes is made due and payable before the assessment and levy of taxes in the city for the current year is complete, the amount of the installment so collected as a tax upon any property shall be not more than fifty percent (50%) of the taxes levied on the property for the preceding year, such installment to be credited on the current year's taxes when determined and levied.
Acts 1921, ch. 173, art. 10, § 8; Shan. Supp., § 1997a178; Code 1932, § 3575; T.C.A. (orig. ed.), § 6-2214.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › CITY MANAGER-COMMISSION CHARTER (§§ 6-18-101 — 6-23-101) › Chapter 22 - FISCAL AFFAIRS UNDER CITY MANAGER-COMMISSION CHARTER (§§ 6-22-101 — 6-22-130) › Section 6-22-114 - Sale of real property for delinquency

The finance director shall, under the provisions of the state law for the collection of delinquent taxes, certify to the trustee of the county a list of all real estate upon which municipal taxes remain due and unpaid, or that is liable for sale for other taxes, and the same shall be sold in like manner and upon the same terms and conditions as real estate is sold for delinquent state and county taxes.
Acts 1921, ch. 173, art. 10, § 9; Shan. Supp., § 1997a179; Code 1932, § 3576; T.C.A. (orig. ed.), § 6-2215; Acts 1989, ch. 175, § 20.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › CITY MANAGER-COMMISSION CHARTER (§§ 6-18-101 — 6-23-101) › Chapter 22 - FISCAL AFFAIRS UNDER CITY MANAGER-COMMISSION CHARTER (§§ 6-22-101 — 6-22-130) › Section 6-22-115 - Complaints in chancery to collect special assessments

The board of commissioners has the power, and is hereby given authority, to file complaints in the chancery court in the name of the city for the collection of assessments and levies made for payment for improvements or service in the city, such as paving, sidewalks, curbing, guttering, sewers and other improvements, or services for which assessments may be made under the charter, or by any other acts of the general assembly, and the cost of which is made a charge on property owners abutting the improvements and a lien on abutting property. The suits commenced by such complaints shall be conducted as other suits in chancery for the enforcement of like liens and under the rules of law and practice provided for the same. The complaints shall not be objectionable because the owners of different parcels or lots of land are made parties thereto, it being the intention that all persons in the same improvement district, or liable for portions of the same assessment and levy for improving a portion of the city as provided in this section, and on whose property the assessment or levy is a lien, shall be made parties defendant to one (1) complaint.
Acts 1921, ch. 173, art. 10, § 10; Shan. Supp., § 1997a180; Code 1932, § 3577; T.C.A. (orig. ed.), § 6-2216.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › CITY MANAGER-COMMISSION CHARTER (§§ 6-18-101 — 6-23-101) › Chapter 22 - FISCAL AFFAIRS UNDER CITY MANAGER-COMMISSION CHARTER (§§ 6-22-101 — 6-22-130) › Section 6-22-116 - License taxes

(a)
License taxes may be imposed by ordinance upon any and all privileges, businesses, occupations, vocations, pursuits, or callings, or any class or classes thereof, now or hereafter subject to such taxation under the laws of Tennessee, and a separate license tax may be imposed for each place of business conducted or maintained by the same person, firm, or corporation.
(b)
The treasurer shall enforce the collection of merchants' taxes and all other license taxes, and for that purpose have and exercise the powers of law vested in, and follow the procedure and methods prescribed for, county clerks.
Acts 1921, ch. 173, art. 13, § 1; Shan. Supp., § 1997a204; Code 1932, § 3602; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 6-2217.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › CITY MANAGER-COMMISSION CHARTER (§§ 6-18-101 — 6-23-101) › Chapter 22 - FISCAL AFFAIRS UNDER CITY MANAGER-COMMISSION CHARTER (§§ 6-22-101 — 6-22-130) › Section 6-22-117 - Accounting system

The finance director, with the approval of the city manager, shall cause an efficient system of accounting for the city to be installed and maintained.
Acts 1921, ch. 173, art. 11, § 6; Shan. Supp., § 1997a1851/2; Code 1932, § 3583; T.C.A. (orig. ed.), § 6-2218; Acts 1989, ch. 175, § 20.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › CITY MANAGER-COMMISSION CHARTER (§§ 6-18-101 — 6-23-101) › Chapter 22 - FISCAL AFFAIRS UNDER CITY MANAGER-COMMISSION CHARTER (§§ 6-22-101 — 6-22-130) › Section 6-22-118 - Fiscal forms

The finance director shall cause all forms used in connection with either the receipt or disbursement of city funds to be numbered consecutively, and shall account for all spoiled or unused forms.
Acts 1921, ch. 173, art. 11, § 14; Shan. Supp., § 1997a193; Code 1932, § 3591; T.C.A. (orig. ed.), § 6-2219; Acts 1989, ch. 175, § 20.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › CITY MANAGER-COMMISSION CHARTER (§§ 6-18-101 — 6-23-101) › Chapter 22 - FISCAL AFFAIRS UNDER CITY MANAGER-COMMISSION CHARTER (§§ 6-22-101 — 6-22-130) › Section 6-22-119 - Appointment and duties of treasurer

(a)
The city manager shall appoint a treasurer.
(b)
It is the duty of the treasurer to collect, receive and receipt for the taxes and all other revenue and bonds of the city, and the proceeds of its bond issues, and to disburse the same.
(c)
The city manager may appoint the recorder as treasurer.
Acts 1921, ch. 173, art. 11, § 7; Shan. Supp., § 1997a186; Code 1932, § 3584; T.C.A. (orig. ed.), § 6-2220.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › CITY MANAGER-COMMISSION CHARTER (§§ 6-18-101 — 6-23-101) › Chapter 22 - FISCAL AFFAIRS UNDER CITY MANAGER-COMMISSION CHARTER (§§ 6-22-101 — 6-22-130) › Section 6-22-120 - Depositories of municipal funds

(a)
(1)
The board, at a regular meeting, shall adopt a resolution to contract with a bank or banks making the best proposal to become the depository of municipal funds.
(2)
Before entering into a contract under subdivision (a)(1), the treasurer or an officer appointed by the treasurer shall review and analyze the proposals from the banks and submit an analysis of the proposals to each member of the board at or before the next meeting of the board. The analysis of the proposals should consider the bank or banks proposing the highest interest rate, potential service charges or other fees, factors affecting safety and liquidity of municipal funds, and any other relevant factors.
(b)
The board shall require any bank that becomes a depository of municipal funds to secure the funds by collateral in the same manner and under the same conditions as state deposits under title 9, chapter 4, parts 1 and 4, or as provided in a collateral pool created under title 9, chapter 4, part 5.
(c)
Notwithstanding any law to the contrary, at least once every four (4) years, the board shall reevaluate the contracts entered into pursuant to subsection (a). The board shall base its evaluation on proposals obtained from at least two (2) banks. The treasurer or an officer appointed by the treasurer shall prepare a written evaluation of the proposals and preserve the evaluations for at least three (3) years.
Amended by 2019 Tenn. Acts, ch. 277,s 2, eff. 7/1/2019.
Acts 1921, ch. 173, art. 11, § 13; Shan. Supp., § 1997a192; Code 1932, § 3590; Acts 1977, ch. 80, § 1; T.C.A. (orig. ed.), § 6-2221; Acts 1989, ch. 175, § 21; 1994, ch. 752, § 5.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › CITY MANAGER-COMMISSION CHARTER (§§ 6-18-101 — 6-23-101) › Chapter 22 - FISCAL AFFAIRS UNDER CITY MANAGER-COMMISSION CHARTER (§§ 6-22-101 — 6-22-130) › Section 6-22-121 - Budget commissioner - Fiscal year

(a)
The city manager shall be budget commissioner.
(b)
The fiscal year of the city shall begin on July 1, unless otherwise provided by ordinance.
Acts 1921, ch. 173, art. 16, § 1; Shan. Supp., § 1997a218; Code 1932, § 3616; T.C.A. (orig. ed.), § 6-2222; Acts 1989, ch. 175, § 22.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › CITY MANAGER-COMMISSION CHARTER (§§ 6-18-101 — 6-23-101) › Chapter 22 - FISCAL AFFAIRS UNDER CITY MANAGER-COMMISSION CHARTER (§§ 6-22-101 — 6-22-130) › Section 6-22-122 - Budget estimate submitted to commissioners

The city manager shall, on or before May 15 of each year, submit to the board of commissioners an estimate of the expenditures and revenue of the city for the ensuing fiscal year. This estimate shall be compiled from detailed information obtained from the several departments on uniform blanks to be furnished by the city manager.
Acts 1921, ch. 173, art. 16, § 1; Shan. Supp., §§ 1997a219, 1997a220; Code 1932, §§ 3617, 3618; T.C.A. (orig. ed.), § 6-2223; Acts 1989, ch. 175, § 23.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › CITY MANAGER-COMMISSION CHARTER (§§ 6-18-101 — 6-23-101) › Chapter 22 - FISCAL AFFAIRS UNDER CITY MANAGER-COMMISSION CHARTER (§§ 6-22-101 — 6-22-130) › Section 6-22-124 - Appropriation ordinance - Amendments

(a)
Upon receipt of the estimate provided for in §
6-22-122
, the board of commissioners shall prepare a tentative appropriation ordinance.
(b)
The appropriation ordinance for each fiscal year shall be finally adopted before the first day of the fiscal year.
(c)
Amendments may be made to the original appropriations ordinance at any time during a current fiscal year; provided, however, that, except for emergency expenditures under §
6-22-129
, increased appropriations may be made only after the city manager has certified in writing that sufficient unappropriated revenue will be available.
Acts 1921, ch. 173, art. 16, § 2; Shan. Supp., § 1997a222; Code 1932, § 3620; T.C.A. (orig. ed.), § 6-2225; Acts 1989, ch. 175, § 24; 1992, ch. 760, § 4; 1995, ch. 13, § 13.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › CITY MANAGER-COMMISSION CHARTER (§§ 6-18-101 — 6-23-101) › Chapter 22 - FISCAL AFFAIRS UNDER CITY MANAGER-COMMISSION CHARTER (§§ 6-22-101 — 6-22-130) › Section 6-22-125 - Reversion of appropriations to general fund

At the end of each year, all unencumbered balances or appropriations in the treasury shall revert to the general fund and be subject to further appropriations. Such balances shall be considered unencumbered only when the city manager shall certify in writing that the purposes for which they were appropriated have been completely accomplished and that no further expenditure in connection with them is necessary.
Acts 1921, ch. 173, art. 16, § 3; Shan. Supp., § 1997a223; Code 1932, § 3621; T.C.A. (orig. ed.), § 6-2226.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › CITY MANAGER-COMMISSION CHARTER (§§ 6-18-101 — 6-23-101) › Chapter 22 - FISCAL AFFAIRS UNDER CITY MANAGER-COMMISSION CHARTER (§§ 6-22-101 — 6-22-130) › Section 6-22-126 - Approval of claims against city

(a)
Except as by this charter or by law or ordinance otherwise provided, the finance director shall prescribe and regulate the manner of paying creditors, officers and employees of the city. The finance director shall audit all payrolls, accounts and claims against the city and certify thereon the balance as stated by the finance director, but no payroll, account, or claim, or any part thereof, shall be audited against the city or paid unless authorized by law or ordinance and approved and certified by the city manager and the head of the department for which the indebtedness was incurred, and the amount required for payment of the same appropriated for that purpose by ordinance and in the treasury.
(b)
Whenever any claim is presented to the city finance director, the finance director shall have power to require evidence that the amount claimed is justly due, and is in conformity to law and ordinance, and for that purpose may summon before such finance director any officer, agent or employee of any department of the municipality, or any other person, and examine the officer, agent or employee upon oath or affirmation relative thereto.
(c)
The city manager, finance director and head of the department concerned, and their sureties, shall be liable to the municipality for all loss or damages sustained by the municipality by reason of the corrupt approval of any claim against the municipality.
Acts 1921, ch. 173, art. 11, § 8; Shan. Supp., § 1997a187; Code 1932, § 3585; T.C.A. (orig. ed.), § 6-2227; Acts 1989, ch. 175, § 20.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › CITY MANAGER-COMMISSION CHARTER (§§ 6-18-101 — 6-23-101) › Chapter 22 - FISCAL AFFAIRS UNDER CITY MANAGER-COMMISSION CHARTER (§§ 6-22-101 — 6-22-130) › Section 6-22-127 - Issuance of warrants

(a)
Subject to §
6-22-126
, warrants shall be issued by the finance director.
(b)
Each warrant shall specify the particular departmental fund against which it is drawn and shall be payable out of no other fund.
(c)
Any officer or employee in the finance director's office may be designated by such finance director to draw warrants with the same effect as if signed by the finance director, such designation to be in writing, in duplicate, filed with the city manager. The city manager may make such designation if the finance director is absent or disabled and there is no one in the finance director's office designated to act. Any such designation may be revoked by the finance director while acting as such by filing the revocation in duplicate with the city manager and the treasury division.
Acts 1921, ch. 173, art. 11, § 9; Shan. Supp., § 1997a188; Code 1932, § 3586; T.C.A. (orig. ed.), § 6-2228; Acts 1989, ch. 175, § 20.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › CITY MANAGER-COMMISSION CHARTER (§§ 6-18-101 — 6-23-101) › Chapter 22 - FISCAL AFFAIRS UNDER CITY MANAGER-COMMISSION CHARTER (§§ 6-22-101 — 6-22-130) › Section 6-22-128 - Certification of availability of funds to meet contract obligations

No contract, agreement, or other obligation involving the expenditure of money shall be entered into, nor shall any ordinance, resolution or order for the expenditure of money be passed by the board of commissioners or be authorized by any officer of the city, unless the finance director shall first certify to the board or the proper officer, as the case may be, that the money required for such contract, agreement, obligation or expenditure, is in the treasury or safely assured to be forthcoming and available in time to comply with, or meet such contract, agreement, obligation or expenditures; and no contract, agreement or other obligation involving the expenditure of money payable from the proceeds of bonds of the city shall be entered into until the issuance and sale of such bonds have been duly authorized in accordance with the provisions of this charter in reference to city bonds.
Acts 1921, ch. 173, art. 11, § 10; Shan. Supp., § 1997a189; Code 1932, § 3587; T.C.A. (orig. ed.), § 6-2229; Acts 1989, ch. 175, § 20.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › CITY MANAGER-COMMISSION CHARTER (§§ 6-18-101 — 6-23-101) › Chapter 22 - FISCAL AFFAIRS UNDER CITY MANAGER-COMMISSION CHARTER (§§ 6-22-101 — 6-22-130) › Section 6-22-129 - Emergency expenditures

No contract liability shall be incurred without previous authority of law or ordinance, but the board of commissioners may, by ordinance, empower the proper officials to pay out money or incur contract liability for the city for the necessary preservation of the city's credit, or in other extreme emergency, under such restrictions as may be provided in the ordinance; provided, that any such liability shall mature not later than one (1) year from the date of its incurrence.
Acts 1921, ch. 173, art. 11, § 11; Shan. Supp., § 1997a190; Code 1932, § 3588; T.C.A. (orig. ed.), § 6-2230.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › CITY MANAGER-COMMISSION CHARTER (§§ 6-18-101 — 6-23-101) › Chapter 22 - FISCAL AFFAIRS UNDER CITY MANAGER-COMMISSION CHARTER (§§ 6-22-101 — 6-22-130) › Section 6-22-130 - 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, § 9; 1992, ch. 760, § 5.
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 30 - MODIFIED CITY MANAGER-COUNCIL CHARTER-ADOPTION OR SURRENDER (§§ 6-30-101 — 6-30-108) › Section 6-30-101 - Alternative method of incorporation provided

An alternative method whereby unincorporated territory may become an incorporated city is provided by chapters 30-36 of this title.
Acts 1957, ch. 238, § 1.01; modified; T.C.A., § 6-3001.
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 30 - MODIFIED CITY MANAGER-COUNCIL CHARTER-ADOPTION OR SURRENDER (§§ 6-30-101 — 6-30-108) › Section 6-30-102 - Definitions - Chapters 30 - 36

As used in chapters 30-36 of this title, unless the context otherwise requires:
(1)
"City" means any city or territory to be incorporated that may adopt chapters 30-36 of this title;
(2)
"County" means the county in which any such city or territory to be incorporated under chapters 30-36 of this title is located, or in which the major portion of the population of any such city or territory to be incorporated is located as indicated by the last federal census; and
(3)
"This charter" refers to chapters 30-36 of this title.
Acts 1957, ch. 238, § 1.02; 1959, ch. 139, § 1; T.C.A., § 6-3002.
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 30 - MODIFIED CITY MANAGER-COUNCIL CHARTER-ADOPTION OR SURRENDER (§§ 6-30-101 — 6-30-108) › Section 6-30-104 - Procedure for adoption or surrender of charter

(a)
The adoption or surrender of chapters 30-36 of this title shall be accomplished in the same manner as is provided in §§
6-18-104(c)
,
6-18-105
- 6-18-113 and 6-30-106 for the adoption or surrender of the uniform city manager-commission charter; provided, that where those sections refer to chapters 18-22 of this title "chapters 30-36 of this title" shall be substituted; that where the uniform city manager-commission charter is referred to "modified city manager-council charter" shall be substituted; and that where commissioners are referred to, "council members" shall be substituted.
(b)
No unincorporated territory shall be allowed to hold a referendum on the question of whether or not to incorporate under this charter until a plan of services is documented, setting forth the identification and projected timing of municipal services proposed to be provided and the revenue from purely local sources to be payable annually. The plan of services shall be attached to the petition to incorporate when such petition is filed with the county election commission. The plan of services shall include, but not be limited to, police protection, fire protection, water service, sanitary sewage system, solid waste disposal, road and street construction and repair, recreational facilities, a proposed five-year operational budget, including projected revenues and expenditures, and the revenue from purely local sources to be payable annually. Municipalities that are first incorporated on or after July 1, 1993, that produce no local own-source revenues in any fiscal year, shall not receive any state-shared revenues during the next fiscal year.
(c)
Prior to filing the petition with the county election commission, a public hearing on the referendum on the question of whether or not to incorporate under this charter and plan of services shall be conducted. The public hearing shall be advertised in a newspaper of general circulation for two (2) consecutive weeks.
Acts 1957, ch. 238, § 1.04; 1959, ch. 139, § 1; T.C.A., § 6-3004; Acts 1983, ch. 33, § 6; 1993, ch. 320, § 8.
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 30 - MODIFIED CITY MANAGER-COUNCIL CHARTER-ADOPTION OR SURRENDER (§§ 6-30-101 — 6-30-108) › Section 6-30-105 - Construction of charter

In the construction of any portion of this charter whose meaning or application is in dispute, it is intended that its phraseology shall be liberally construed to effect the substantial objects of chapters 30-36 of this title.
Acts 1957, ch. 238, § 9.01; T.C.A., § 6-3005.
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 30 - MODIFIED CITY MANAGER-COUNCIL CHARTER-ADOPTION OR SURRENDER (§§ 6-30-101 — 6-30-108) › Section 6-30-106 - Election to adopt city manager form - Publication of notice - Applicability

(a)
An election for the purpose of determining whether or not chapters 30-36 of this title shall become effective for any city shall be called by the county election commission or, if the area is in two (2) or more counties, jointly by the county election commissions of the affected counties, upon the petition in writing of twenty percent (20%) of the number of registered voters of the city or territory voting at the last general election, which petition shall state therein the proposed corporate name and shall designate therein in a sufficient manner the boundaries of the proposed municipal corporation, which may be done by a general reference to the boundaries then existing if there is one, and the boundaries of the councilmanic districts, or shall have attached thereto a map of the area to be incorporated on which the councilmanic districts are shown.
(b)
The county election commission shall, in addition to all other notices required by law, publish one (1) notice of the election in a newspaper of general circulation within the territory of the city or of the proposed city and post the notice in at least ten (10) places in the territory.
(c)
Except for the provisions of chapters 30-36 of this title that are adopted by reference in other municipal charters, chapters 30-36 of this title apply only to those cities that have adopted chapters 30-36 of this title by referendum as authorized by law.
Acts 1959, ch. 138, § 1; 1963, ch. 388, § 1; 1972, ch. 740, § 4(48); T.C.A., § 6-3006; Acts 1995, ch. 13, § 14; 1997, ch. 98, § 6.
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 30 - MODIFIED CITY MANAGER-COUNCIL CHARTER-ADOPTION OR SURRENDER (§§ 6-30-101 — 6-30-108) › Section 6-30-108 - County of situs of newly incorporated municipality to continue to receive tax revenues until July 1 - Exception - Notice to department of revenue

(a)
Notwithstanding any other law to the contrary, whenever a new municipality incorporates under any form of charter, the county or counties in which the new municipality is located shall continue to receive the revenue from all state and local taxes distributed on the basis of situs of collection, generated within the newly incorporated area, until July 1 following the incorporation, unless the incorporation takes effect on July 1.
(b)
If the incorporation takes effect on July 1, then the municipality shall begin receiving revenue from such taxes generated within its corporate boundaries for the period beginning July 1.
(c)
Whenever a municipality incorporates, the municipality shall notify the department of revenue of such incorporation prior to the incorporation becoming effective for the purpose of tax administration.
(d)
Such taxes shall include the local sales tax authorized in §
67-6-103
, the income tax on dividends authorized in §
67-2-102
, and all other such taxes distributed to counties and municipalities based on the situs of their collection.
Acts 1998, ch. 651, § 3.
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 31 - ELECTIONS UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-31-101 — 6-31-307) › Part 1 - GENERAL PROVISIONS (§§ 6-31-101 — 6-31-112) › Section 6-31-101 - Method of electing governing body

(a)
All corporate, legislative, and other powers of the city, except as otherwise provided in chapters 30-36 of this title, shall be vested in a council, and the council shall be composed of members to be elected as provided in this section: One (1) member of the council shall be elected from each voting precinct of the incorporated area, to be voted on exclusively by the members of that particular voting precinct, and no person not a resident of the voting precinct shall be eligible to run for the office of council member from that voting precinct. In the event the incorporated area takes in a portion or a part of a voting precinct, that portion or part shall be considered, so far as this section is concerned, as a complete voting precinct. For the purposes of complying with chapter 30 of this title, each voting precinct shall be known as a councilmanic district.
(b)
If an area to be incorporated, or that has been incorporated under chapters 30-36 of this title, lies in two (2) or more counties, the county election commissions of the counties in which the area lies shall jointly conduct elections under chapters 30-36 of this title.
(c)
If the area to be incorporated includes inactive voting precincts or portions of inactive voting precincts, or both, the inactive voting precinct or portions of the inactive precincts, or both, shall be included in a contiguous voting precinct. An inactive precinct is one in which a general state election has not been held for five (5) years prior to the date of filing the petition for incorporation.
(d)
In no event shall the membership of the council be less than seven (7), and in the event there are not sufficient voting precincts to elect a minimum of seven (7) members, the additional members of the council shall be elected at large. Council members from the city at large shall be voted on by the electors in all voting precincts.
(e)
Any city operating under this charter may elect all such council members from the city at large, at its option. The option may be exercised by a private act of the general assembly providing for such when ratified as provided for by article XI, § 9 of the Constitution of Tennessee.
(f)
Election to the board of education shall be as provided in chapter 36 of this title.
Acts 1957, ch. 238, § 3.01; 1959, ch. 321, § 1; 1969, ch. 322, § 1; 1972, ch. 740, § 4(49); T.C.A., § 6-3101.
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 31 - ELECTIONS UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-31-101 — 6-31-307) › Part 1 - GENERAL PROVISIONS (§§ 6-31-101 — 6-31-112) › Section 6-31-102 - Time of election of council members

(a)
The first election of council members in any city incorporating under chapters 30-36 of this title shall be had on the fourth Tuesday following the election at which chapters 30-36 of this title have been adopted, and a regular municipal election shall be held biennially thereafter.
(b)
(1)
Any city operating under this charter may change the date of holding its regular biennial municipal election from the date provided in subsection (a) to the first Tuesday after the first Monday in November, to coincide with the election of members of the general assembly and representatives in the congress of the United States, as provided in §
2-3-203
or to coincide with the August general election. This option may be exercised by ordinance duly adopted in accordance with §
6-32-202
. The ordinance changing the election date shall provide for the extension of the terms of council members necessary to meet the election date, but no term may be extended for more than two (2) years beyond its regular expiration date.
(2)
Nothing in subdivision (b)(1) shall be construed to remove any incumbent from office or abridge the term of any incumbent prior to the end of the term for which an elected official was selected.
(3)
If the council changes the date of municipal elections pursuant to subdivision (b)(1), the council may at a later date change the election date back to what such date was prior to moving the election date to coincide with the August or November general election. The council may only make an election date change under this subdivision (b)(3) one (1) time. Terms of incumbent council members shall not be abridged to accomplish an election date change under this subsection (b); however, council members elected at a date change pursuant to this subsection (b) may take office at a later date so as to not abridge terms of incumbent council members. If such council members take office at a later date, their term may be abridged due to such members having to take office at the later date.
Acts 1957, ch. 238, § 3.02; 1971, ch. 69, § 1; modified; T.C.A., § 6-3102; Acts 2010, ch. 1008, § 3.
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 31 - ELECTIONS UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-31-101 — 6-31-307) › Part 1 - GENERAL PROVISIONS (§§ 6-31-101 — 6-31-112) › Section 6-31-103 - Qualifications for voting

In any election under this charter, registered voters of the city or territory may vote.
Acts 1957, ch. 238, § 3.03; 1972, ch. 740, § 4(50); T.C.A., § 6-3103.
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 31 - ELECTIONS UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-31-101 — 6-31-307) › Part 1 - GENERAL PROVISIONS (§§ 6-31-101 — 6-31-112) › Section 6-31-104 - Nonpartisanship

All elections shall be nonpartisan.
Acts 1957, ch. 238, § 3.04; 1959, ch. 139, § 1; 1972, ch. 740, § 4(51); T.C.A., § 6-3105.
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 31 - ELECTIONS UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-31-101 — 6-31-307) › Part 1 - GENERAL PROVISIONS (§§ 6-31-101 — 6-31-112) › Section 6-31-105 - Eligibility for office of council member

Any qualified voter of the city is eligible for election to the office of council member; provided, that such voter has been a resident of the city for one (1) year next preceding the day of election; and provided further, that before taking office, the voter resigns any state, county, or other municipal office or position of employment that is filled by public election or that is remunerative, except as a notary public or member of the national guard.
Acts 1957, ch. 238, § 3.05; T.C.A., § 6-3106.
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 31 - ELECTIONS UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-31-101 — 6-31-307) › Part 1 - GENERAL PROVISIONS (§§ 6-31-101 — 6-31-112) › Section 6-31-106 - Deadline for councilmanic nominations

The deadline for filing nominating petitions for the first councilmanic election after incorporation is thirty-five (35) days before the councilmanic election will be held.
Acts 1957, ch. 237, § 3.06; 1961, ch. 267, § 1; 1972, ch. 740, § 4(52); T.C.A., § 6-3107.
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 31 - ELECTIONS UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-31-101 — 6-31-307) › Part 1 - GENERAL PROVISIONS (§§ 6-31-101 — 6-31-112) › Section 6-31-107 - Term of office

The terms of council members elected at this and all succeeding elections for the office of council shall be four (4) years. However at the option of the council, an ordinance may be adopted by two thirds (2/3) of the entire membership of the council prescribing and fixing staggered terms for members of the council, and the ordinance may shorten or extend the terms of current members of the council for the sole purpose of staggering the terms, but otherwise the terms of office shall be four (4) years.
Acts 1957, ch. 238, § 3.07; 1959, ch. 139, § 1; T.C.A., § 6-3108; Acts 1993, ch. 353, § 4.
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 31 - ELECTIONS UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-31-101 — 6-31-307) › Part 1 - GENERAL PROVISIONS (§§ 6-31-101 — 6-31-112) › Section 6-31-108 - Restrictions on candidates and supporters - Penalty

If a candidate or any person on such candidate's behalf directly or indirectly gives or promises to any person or persons any office, employment, money, benefit, or anything of value in connection with such candidate's candidacy, upon conviction thereof such person shall be punished by a fine of not more than fifty dollars ($50.00), and shall thereafter be ineligible to hold any office or position of employment in the city government for a period of five (5) years.
Acts 1957, ch. 238, § 3.08; T.C.A., § 6-3109.
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 31 - ELECTIONS UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-31-101 — 6-31-307) › Part 1 - GENERAL PROVISIONS (§§ 6-31-101 — 6-31-112) › Section 6-31-109 - Certification of election

The county election commission or county election commissions shall determine and declare the results of the election and shall certify the results of the election. The chair of the county election commission or the chairs shall by mail send notices of election to the elected candidates, indicating the term to be served by each. A notice of the certification shall be published in a newspaper of general circulation in the city.
Acts 1957, ch. 238, § 3.09; 1963, ch. 389, § 1; 1972, ch. 740, § 4(53); T.C.A., § 6-3110.
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 31 - ELECTIONS UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-31-101 — 6-31-307) › Part 1 - GENERAL PROVISIONS (§§ 6-31-101 — 6-31-112) › Section 6-31-110 - Expenses of election

All expenses of the election shall be borne and paid by the city within six (6) months after the election.
Acts 1957, ch. 238, § 3.10; T.C.A., § 6-3111.
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 31 - ELECTIONS UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-31-101 — 6-31-307) › Part 1 - GENERAL PROVISIONS (§§ 6-31-101 — 6-31-112) › Section 6-31-111 - Time of taking office

Persons elected to the office of council member shall take office the second Tuesday after the election at twelve o'clock (12:00) noon.
Acts 1957, ch. 238, § 3.11; T.C.A., § 6-3112.
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 31 - ELECTIONS UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-31-101 — 6-31-307) › Part 1 - GENERAL PROVISIONS (§§ 6-31-101 — 6-31-112) › Section 6-31-112 - Oath of office - Bond

(a)
Every officer or employee before taking any office in the city government shall take, subscribe to and file with the city clerk the following oath or affirmation:
"I solemnly swear (or affirm) that I possess all the qualifications prescribed for the office (or position) of ______________, as prescribed by this charter, and that I will support the Constitution and will obey the laws of the United States and of the state of Tennessee, that I will, in all respects, observe the provisions of the charter and ordinances of the city of ____________________, and that I will faithfully discharge the duties of the office (or position) of ____________________."
(b)
Any bond that may be required by law shall be filed with the oath or affirmation in subsection (a) in the office of the city clerk; provided, that the first seven (7) council members elected shall file the oath with the county mayor of the county wherein the city is located. Failure to comply with this section within ten (10) days from the date of election or appointment shall vacate the office involved, unless the council shall, by resolution, extend the time for qualifying.
Acts 1957, ch. 238, § 3.12; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 6-3113; Acts 2003 , ch. 90, § 2.
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 31 - ELECTIONS UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-31-101 — 6-31-307) › Part 2 - VACANCIES (§ 6-31-201) › Section 6-31-201 - Vacancies in council

(a)
A vacancy shall exist if a council member:
(1)
Resigns;
(2)
Dies;
(3)
Moves the member's residence from the district in which the council member was elected;
(4)
Has been continuously disabled for a period of six (6) months so as to prevent the council member from discharging the duties of such office;
(5)
Fails to attend sixty percent (60%) of regular council meetings in any period of six (6) consecutive months;
(6)
Accepts any state, county or other municipal office or position of employment that is filled by public election or that is remunerative, except as a notary public or member of the national guard; or
(7)
Is convicted of malfeasance or misfeasance in office, a felony, a violation of the charter, or a violation of the election laws of the state.
(b)
A vacancy shall be filled within thirty (30) days, by an affirmative vote of a majority of the remaining council members, the appointee to serve until the next regular city or county election, whichever is first held. If a tie vote by the council to fill a vacancy is unbroken for thirty (30) days, the mayor shall appoint a qualified person to fill the vacancy. No appointment to fill a vacancy shall be made within sixty (60) days prior to any regular city election.
Acts 1957, ch. 238, § 3.13; 1959, ch. 139, § 1; 1972, ch. 494, § 1; 1974, ch. 755, § 1; T.C.A., § 6-3114.
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 31 - ELECTIONS UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-31-101 — 6-31-307) › Part 3 - RECALLS (§§ 6-31-301 — 6-31-307) › Section 6-31-301 - Board of education member - Petition

(a)
Any member of the board of education of the city elected or appointed to fill a vacancy under this charter may be removed from office by the registered voters of the city.
(b)
The procedure to effect such removal shall be as follows:
(1)
A petition, signed by registered voters equal in number to at least sixty-six percent (66%) of the total vote cast for the candidate for the board of education receiving the highest number of votes at the last regular election, demanding the recall of the person sought to be removed shall be filed with the county election commission, and notice given by the commission of such filing by publication at least once in the official city newspaper, which petition shall contain a general statement of the grounds upon which the removal is sought. The signatures to the petition need not all be appended to one (1) paper, but each signer shall sign such signer's name, and shall place thereon, after such signer's name, the date of signing and such signer's place of residence by street and number or by other customary designation;
(2)
To each petition paper there shall be attached a sworn affidavit by the circulator thereof stating the number of signers thereto and that each signature thereon is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant;
(3)
Such petition shall be filed with the county election commission, which shall, within fifteen (15) days, canvass the signatures thereon to determine the sufficiency thereof;
(4)
A separate petition shall be filed for each person sought to be removed; and
(5)
The county election commission shall attach to such petition its certificate showing the result of the examination.
Acts 1957, ch. 238, § 3.14; 1959, ch. 139, § 1; 1972, ch. 740, § 4(54); T.C.A., § 6-3115.
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 31 - ELECTIONS UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-31-101 — 6-31-307) › Part 3 - RECALLS (§§ 6-31-301 — 6-31-307) › Section 6-31-302 - Board of education member - Amended petition

If, by the certificate, the petition is shown to be insufficient, it may be amended within ten (10) days from the date of the certificate. The county election commission shall, within fifteen (15) days after such amendment, make the same examination as provided in §
6-31-301
of the amended petition, and, if its certificate shall hold the same to be insufficient, such petition shall be returned to the persons filing it.
Acts 1957, ch. 238, § 3.15; T.C.A., § 6-3116.
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 31 - ELECTIONS UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-31-101 — 6-31-307) › Part 3 - RECALLS (§§ 6-31-301 — 6-31-307) › Section 6-31-303 - Board of education member - Calling election on recall

If the county election commission's certificate shows that the petition is sufficient, the commission shall call an election on the question of recall.
Acts 1957, ch. 238, § 3.15; 1972, ch. 740, § 4(55); T.C.A., § 6-3117.
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 31 - ELECTIONS UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-31-101 — 6-31-307) › Part 3 - RECALLS (§§ 6-31-301 — 6-31-307) › Section 6-31-304 - Board of education member - Recall election

At such election, the voter shall vote either "for recall" or "against recall." If sixty-six percent (66%) of those voting vote "for recall," the person named shall be declared removed from office and the office declared vacant. Such vacancy shall be filled as directed in §
6-36-107
. The method of removal shall be cumulative and additional to the methods heretofore existing by law. No more than one (1) election for the purpose of recall shall be held in any six-month period, and no such election shall be held within a period beginning ninety (90) days before and ending ninety (90) days after a regular municipal election.
Acts 1957, ch. 238, § 3.16; 1959, ch. 139, § 1; 1972, ch. 740, § 4(56); T.C.A., § 6-3118.