reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 7 - TENNESSEE COUNTY UNIFORM HIGHWAY LAW (§§ 54-7-101 — 54-7-207) › Part 1 - GENERAL PROVISIONS (§§ 54-7-101 — 54-7-116) › Section 54-7-112 - Safeguarding and inventory of machinery and equipment - Enforcement

(a)
The chief administrative officer has supervision and control over and is responsible for all the machinery, equipment, tools, supplies and materials owned or used by the county in the construction, reconstruction, repair and maintenance of the county roads and bridges. The chief administrative officer shall make or cause to be made a complete inventory of all machinery, equipment, tools, supplies, and materials, and file copies of the complete inventory with the county governing body, and the chief executive officer of the county within sixty (60) days after taking office, and thereafter a revised current inventory shall be submitted effective July 1 of each year. The revised inventory shall be submitted by September 1 of each year.
(b)
All machinery, equipment and tools shall be plainly marked as the property of the county road department and each item shall be numbered and the number entered on the inventory filed by the chief administrative officer. It is the duty of the chief executive officer of the county to examine the inventories for compliance with this subsection (b), and upon the chief executive officer's determination that the inventory does not comply with the requirements of this chapter, the chief executive officer shall cause to be withheld from the chief administrative officer any funds due the chief administrative officer until the chief administrative officer complies with this subsection (b).
(c)
The inventory filed by the chief administrative officer shall be maintained and made available to the comptroller of the treasury for audit purposes.
Acts 1974, ch. 738, § 11; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A., § 54-1012; Acts 1980, ch. 473, § 1; 1995, ch. 179, §§ 16, 17.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 7 - TENNESSEE COUNTY UNIFORM HIGHWAY LAW (§§ 54-7-101 — 54-7-207) › Part 1 - GENERAL PROVISIONS (§§ 54-7-101 — 54-7-116) › Section 54-7-115 - Authorization to receive materials, property, services, funds or supplies for benefit of county highway department - Road repairs by private persons and entities

(a)
A county highway department is authorized to receive materials, property, services, funds or supplies for the benefit of the county highway department, which materials, property, services, funds or supplies shall be used or disbursed in good faith in accordance with the terms or conditions of the donation or reimbursement. Funds so received shall be paid into the office of the county trustee, credited to the county highway fund and disbursed according to law as other funds of the county highway department.
(b)
The county highway department may adopt a policy to authorize private persons or entities to repair county roads to bring a road damaged by that person or entity up to the condition or standard of the road previous to the damage caused by the private person or entity.
Acts 1990, ch. 765, § 1.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 7 - TENNESSEE COUNTY UNIFORM HIGHWAY LAW (§§ 54-7-101 — 54-7-207) › Part 1 - GENERAL PROVISIONS (§§ 54-7-101 — 54-7-116) › Section 54-7-116 - Authorization to sign contracts

There is created a presumption of law that the chief administrative officer of each county highway department is authorized to sign agreements with the department of transportation on behalf of the county. Once an agreement is executed by the chief administrative officer of the county highway department for any county of the state, the agreement shall be fully binding upon the applicable county. The presumption of law may only be overcome by the provision of notice by the county legislative body that the chief administrative officer of the county highway department does not have the authority to execute these agreements on behalf of the county. The receipt of the notice shall be acknowledged by the department in order to overcome the presumption of law set forth in this section.
Acts 1995, ch. 263, § 1.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 7 - TENNESSEE COUNTY UNIFORM HIGHWAY LAW (§§ 54-7-101 — 54-7-207) › Part 2 - PROHIBITED ACTS - PENALTIES (§§ 54-7-201 — 54-7-207) › Section 54-7-201 - Obstruction of roads, bridges and ditches - Penalty - Removal

(a)
The chief administrative officer is authorized to remove or cause to be removed any fence, gate, or other obstruction from the roads, bridges and ditches of the county and to clean out and clear all fences and ditches along or adjacent to the county roads.
(b)
Any person who places or maintains an obstacle or obstruction upon the right-of-way of any county road and refuses to remove the obstacle or obstruction upon direction of the chief administrative officer to do so commits a Class C misdemeanor.
(c)
It is a Class C misdemeanor to place or cause to be placed any obstruction upon the right-of-way or in the ditches along any county road except that transmission lines, telephone or telegraph lines or poles may be placed on and along the right-of-way of any county road under the direction and with the permission of the chief administrative officer.
(d)
Notwithstanding any law to the contrary, this section shall apply to all counties.
Amended by 2013 Tenn. Acts, ch. 472, s 3, eff. 7/1/2013.
Acts 1974, ch. 738, § 13; T.C.A., § 54-1014; Acts 1989, ch. 591, § 113; 2012 , ch. 689, § 9.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 7 - TENNESSEE COUNTY UNIFORM HIGHWAY LAW (§§ 54-7-101 — 54-7-207) › Part 2 - PROHIBITED ACTS - PENALTIES (§§ 54-7-201 — 54-7-207) › Section 54-7-203 - Personal financial interest prohibited - Penalties

(a)
Neither the chief administrative officer, county highway commissioner, member of the county governing body nor any employee of the county road department shall be financially interested in or have any personal interest, either directly or indirectly, in the purchase of any supplies, machinery, materials, equipment or contractual services for the department or system of roads for the county, nor in any firm, corporation, partnership, association or individual selling or furnishing the machinery, equipment, supplies and materials.
(b)
A violation of this section constitutes official misconduct and is a Class C misdemeanor and is grounds for removal from office.
Acts 1974, ch. 738, § 15; T.C.A., § 54-1016; Acts 1980, ch. 682, § 1; 1989, ch. 591, § 113; 2012, ch. 640, § 3.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 7 - TENNESSEE COUNTY UNIFORM HIGHWAY LAW (§§ 54-7-101 — 54-7-207) › Part 2 - PROHIBITED ACTS - PENALTIES (§§ 54-7-201 — 54-7-207) › Section 54-7-204 - Withholding of funds by state for violation

If any provision of this chapter is violated in any county, the commissioner of transportation is authorized to withhold state-aid highway system funds due the county until the deficiency has been corrected to the satisfaction of the commissioner.
Acts 1974, ch. 738, § 16; T.C.A., § 54-1017; Acts 1983, ch. 320, § 5.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 7 - TENNESSEE COUNTY UNIFORM HIGHWAY LAW (§§ 54-7-101 — 54-7-207) › Part 2 - PROHIBITED ACTS - PENALTIES (§§ 54-7-201 — 54-7-207) › Section 54-7-205 - Removal of chief administrative officer

(a)
"Chief administrative officer," for the purpose of this section, includes county road commissioners, trustees, road supervisors, or other persons charged with supervision or control of a county road department.
(b)
In addition to any proceeding under title 8, chapter 47, the chief administrative officer of a county road department may be removed from office in accordance with this section.
(c)
The comptroller of the treasury shall forward a copy of audit reports covering county road departments to the district attorney general having jurisdiction and to the attorney general and reporter. If the audit indicates an apparent violation of any statute or regulation governing the operation of a county road department, including, but not limited to, an apparent violation of any statute or regulation applicable to accounting, budgeting or purchasing procedures, the audit report shall so state.
(d)
The district attorney general and the attorney general and reporter shall each review the audit reports and determine if there is sufficient cause for further investigation.
(e)
If the investigation indicates willful misfeasance, malfeasance or nonfeasance by the chief administrative officer of the road department, the district attorney general shall proceed, pursuant to title 8, chapter 47, to remove the chief administrative officer of the road department from office.
(f)
Any chief administrative officer removed from office on the basis of misfeasance, malfeasance, or nonfeasance under this section shall be ineligible to ever seek the office of chief administrative officer of a county road department in any county.
Acts 1980, ch. 553, § 1.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 7 - TENNESSEE COUNTY UNIFORM HIGHWAY LAW (§§ 54-7-101 — 54-7-207) › Part 2 - PROHIBITED ACTS - PENALTIES (§§ 54-7-201 — 54-7-207) › Section 54-7-206 - Theft or embezzlement by chief administrative officer

(a)
Any theft by a chief administrative officer, either directly or indirectly, of county highway or road money shall be punished under §
39-14-105
.
(b)
If any chief administrative officer charged with the collection, safekeeping, transfer, or disbursement of money or property belonging to the county highway department uses or diverts any part of the money or property by loan, investment, or otherwise, without authority of law, or converts any part of the money or property to the chief administrative officer's own use in any way whatsoever, the chief administrative officer commits embezzlement, and for every act, upon conviction, shall be punished as in the case of larceny, and in addition shall be required to pay to the court an amount equal to the amount embezzled. The amount shall be forwarded by the clerk to the county highway department.
Amended by 2013 Tenn. Acts, ch. 308,s 9, eff. 7/1/2013.
Acts 1988, ch. 658, § 1.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 7 - TENNESSEE COUNTY UNIFORM HIGHWAY LAW (§§ 54-7-101 — 54-7-207) › Part 2 - PROHIBITED ACTS - PENALTIES (§§ 54-7-201 — 54-7-207) › Section 54-7-207 - Offense of damaging county highways structures

(a)
(1)
As used in this subsection (a), "county highway structure" includes any county highway, highway facility, building, bridge, overpass, tunnel, barricade, fence, wall, traffic control device, right-of-way, sign or marker of any nature whatsoever erected upon or maintained within or adjacent to a county highway or the county highway right-of-way.
(2)
It is an offense for any person who is not authorized to construct or repair a county highway structure to knowingly carve upon, write, paint or otherwise mark upon, deface, rearrange, or alter any county highway structure.
(3)
It is an offense for any person who is not authorized to construct or repair a county highway structure to knowingly, in any manner, destroy, damage, knock down, mutilate, mar, steal or remove any county highway structure.
(4)
A violation of subdivision (a)(2) or (a)(3) is a Class A misdemeanor.
(5)
In addition to any criminal penalty provided by law for a violation of subdivision (a)(2) or (a)(3), there is created a separate civil cause of action for the cost of any damage resulting from such prohibited action.
(6)
There is created a civil cause of action for the cost of any damage done whenever a person negligently damages any county highway structure.
(7)
Criminal actions prosecuted pursuant to this subsection (a) shall be brought by the district attorney general of the judicial district in which the damage occurred. Civil actions instituted pursuant to this subsection (a) shall be brought by the county attorney or an attorney employed by the chief administrative officer of the county highway department.
(b)
(1)
Any person who reports information to a law enforcement officer that leads to the apprehension and conviction of a person for a violation of this section shall receive a reward of two hundred fifty dollars ($250). The county where the conviction occurs shall provide the reward money from the proceeds of the fines collected under this section.
(2)
The proceeds from the fines imposed for violations of this section shall be collected by the respective court clerks and then deposited in a dedicated county fund. The fund shall not revert to the county general fund at the end of a fiscal year but shall remain for the vandalism enforcement rewards established in subdivision (b)(1).
(3)
Each county shall expend the funds generated by the fines provided for in this section by appropriation for the vandalism enforcement rewards. Excess funds, if any, may be expended for litter control programs on adoption of an appropriate resolution by the county legislative body.
(c)
Notwithstanding any law to the contrary, this section shall apply to all counties.
Added by 2013 Tenn. Acts, ch. 472,s 4, eff. 7/1/2013.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-101 - Authority to issue bonds

Each county is authorized to issue its bonds for highway purposes pursuant to title 9, chapter 21.
Acts 1913 (1st E.S.), ch. 26, § 1; Shan., § 1695a1; Acts 1919, ch. 175, § 1; Code 1932, § 2962; impl. am. Acts 1978, ch. 934, §§ 7, 16, 22, 36; T.C.A. (orig. ed.), § 54-801; Acts 1980, ch. 601, § 15; 1988, ch. 750, § 52.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-115 - Road districts for election of road commissioners

For the purpose of carrying out this chapter, any county legislative body has the right to divide its county into no less than three (3) nor more than eight (8) road districts. For each road district, there shall be elected one (1) road commissioner, so that no more than one (1) road commissioner shall be elected from the same road district; but to divide the county into road districts the road districts shall in no wise interfere with the civil districts of any county, for any purpose whatever, except for convenience in selecting the commissioners for the purpose of giving all parts of any county representation in the construction of roads under this chapter.
Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a16; Code 1932, § 2978; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-817.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-116 - Road commissioners elected from county at large

Any county may have the right to elect three (3) road commissioners from the county at large, who shall be the road commissioners for the county, and who shall have the supervision of the construction of the roads in the county; provided, that any county that does not desire to elect its road commissioners from the county at large may subdivide its county into road districts as is provided for in §
54-9-115
; and provided, further, that, in any county electing its road commissioners from the county at large, no two (2) of the road commissioners shall be from the same civil district.
Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a17; Code 1932, § 2979; T.C.A. (orig. ed.), § 54-818.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-117 - Nomination and election of road commissioners from districts

(a)
In any county dividing its county into three (3) or more road districts, the road commissioner to be elected from any of the districts shall receive a nomination from any member of the county legislative body within the limits of the road district.
(b)
Should there be more than one (1) nomination from any one (1) or more road districts, then the candidate receiving the highest number of votes of the members comprising the whole legislative body shall be declared elected from the road district from which the nomination was received, and shall be one (1) of the road commissioners.
(c)
All road commissioners provided for by any county where the county has been subdivided shall be elected in the same manner as provided in this section.
Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a18; Code 1932, § 2980; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-819.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-118 - Road commissioners have supervision of construction of roads

When all road commissioners have been elected, they shall be the road commissioners for that county, and shall have the supervision of the construction of the roads provided for by the county legislative body, and shall serve until all the roads so provided for have been completed according to the specifications laid out by the county legislative body, or until all the money provided for under the bond issue for the county has been expended on the roads of the county.
Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a19; Code 1932, § 2981; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-820.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-119 - Bond of commissioners

The commissioners shall execute a good and solvent bond, in an amount to be specified by the county legislative body, payable to the state, for the benefit of the county from which they were elected, conditioned that they will faithfully and impartially execute all the duties imposed upon them, without favor for any part of the county over that of any other part of the county; that they will honestly and faithfully expend and account for all moneys coming into their hands; and that they will as honestly and economically expend the money for the county as if it were their own private funds. The bond must be prepared, executed, filed, and recorded in accordance with title 8, chapter 19.
Amended by 2023 Tenn. Acts, ch. 207,s 26, eff. 7/1/2023.
Acts 1913 (1st Ex. Sess.), ch. 26, § 7; Shan., § 1695a20; Code 1932, § 2982; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-821; Acts 1998, ch. 677, § 18; 2012 , ch. 974, § 2.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-120 - Vacancies - Filling

Should there occur a vacancy for any cause, the vacancy shall be filled in the same manner as provided for the election of the original commissioners under this chapter.
Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a21; Code 1932, § 2983; T.C.A. (orig. ed.), § 54-822.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-121 - Removal of commissioners

The road commissioners shall be subject to removal for cause by the judge of the circuit court or chancellor of the county, due notice having been given of the charges preferred.
Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a22; Code 1932, § 2984; T.C.A. (orig. ed.), § 54-823.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-122 - County legislative body called to fill vacancy - Other members act till vacancy is filled

Should any vacancy occur in the commission, it shall be the duty of the county mayor to call the county legislative body together immediately to elect a successor to fill the vacancy, and the remaining commissioners shall transact any business as if no vacancy had occurred until the vacancy has been filled.
Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a24; Code 1932, § 2985; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A. (orig. ed.), § 54-824; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-123 - Road commissioners not to be members of county legislative body, nor related to members

No road commissioner shall be a member of the county legislative body or related to any member of the county legislative body within the third degree, either by affinity or consanguinity, computed by the civil law.
Acts 1913 (1st E.S.), ch. 26, § 7; Shan., § 1695a25; Code 1932, § 2986; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-825.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-124 - Contracts let upon advertised competitive biddings - Bid accepted

(a)
All work of grading, macadamizing, concreting, bridge building, etc., shall be let to contractors by the commissioners. It shall be their duty to advertise the letting or lettings in one (1) or more newspapers published in the county and otherwise as their judgment may direct, and receive sealed bids for the work.
(b)
They shall adopt, not later than one (1) week after the time set for opening the bids, the bid of the lowest responsible bidder, if in their judgment to do so would be to the best interest of the county and taxpayers.
Acts 1913 (1st E.S.), ch. 26, § 8; Shan., § 1695a26; Code 1932, § 2987; T.C.A. (orig. ed.), § 54-826.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-125 - Work may be let in sections or as a whole - Rejection of all bids and resubmission

The commissioners may let the work in sections, or they may let different kinds of work to different contractors, or they may let the whole to one (1) bidder, if in their judgment it is to the best interest of the taxpayers to do so; provided, that after having examined all bids and after having thoroughly investigated the methods of other counties in the state or elsewhere, where conditions are similar, a majority of the commissioners may be of the opinion that to accept none of the bids would be to the best interest of the county, and they may resubmit to another bidding; or, in their discretion, they may adopt any other method of letting the work, either in whole or in part, as the results of their investigation and judgment may indicate.
Acts 1913 (1st E.S.), ch. 26, § 8; Shan., § 1695a27; Code 1932, § 2988; T.C.A. (orig. ed.), § 54-827.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-126 - Contract - Contents

In receiving and letting the contracts, the commissioners shall at all times include the laying of all drain tiles or pipe for the draining of the roads, after the drain tiles or pipe have been placed on the road, by the county, and further include the tamping or packing of the dirt around the pipe or drain tiles, without additional cost to the county where they are being placed under fills for drainage of the roads.
Acts 1913 (1st E.S.), ch. 26, § 8; Shan., § 1695a28; Code 1932, § 2989; T.C.A. (orig. ed.), § 54-828.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-127 - Maximum prices for certain work fixed by county legislative body - Prices of contract work left to commissioners

(a)
The price for moving dirt, per cubic yard, the price per yard for the laying of macadam, or the price for moving loose or solid rock from the roadbed shall not in any event exceed the maximum price fixed for the removal of those things by the county legislative body of any county authorizing bonds for that purpose.
(b)
The county legislative body has the right to define what is meant by "loose rock," and to define what is meant by "solid rock."
(c)
The county legislative body has the right to provide a maximum amount to be paid for an overhaul, both in the removal of dirt and in the laying of macadam on any road to be built within the county, or the price to be paid for moving dirt, the laying of macadam, clearing rights-of-way, amount to be paid for hands employed on force account, and the price to be paid to the engineers or assistant engineers, the amount per cubic yard of concrete where concrete culverts, concrete bridges, or the price per cubic yard on any kind of concrete work ordered to be placed or used on any road, and the price for any or all contract work may be left to the discretion of the commissioners elected to carry out the work for any county building roads under this chapter, but at all times the county legislative body shall reserve the right to fix a maximum price to be paid for any kind of work when in its judgment it is in the best interest of the county to do so.
Acts 1913 (1st E.S.), ch. 26, § 8; Shan., § 1695a29; Code 1932, § 2990; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-829.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-128 - Officials, commissioners, or employees not to be interested in contracts

No commissioners or member of the county legislative body or any officer or employee of the commissioners shall be interested, directly or indirectly, in any contract or job of work or material, or profits of any contract or job, to be furnished or performed under §§
54-9-124
- 54-9-127.
Acts 1913 (1st E.S.), ch. 26, § 8; Shan., § 1695a30; Code 1932, § 2991; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-830.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-129 - Damages for Rights-of-way paid by authority of county legislative body, or upon condemnation

(a)
The commissioners elected under this chapter shall not expend the money obtained by the sale of any road bonds for any rights-of-way without first being authorized to do so by the county legislative body, or for any release, or for any damage growing out of the road building in any way or manner, unless it is after condemnation proceedings where it becomes necessary to condemn land for the purpose of barrow pits, or rock quarries for the purpose of obtaining rock for the roads or dirt to make fills where the cuts are not sufficient to make the fills.
(b)
The commissioners shall have the right, where it is not possible to obtain rights-of-way otherwise, to condemn land or buildings for rights-of-way.
Acts 1913 (1st E.S.), ch. 26, § 9; Shan., § 1695a31; Code 1932, § 2992; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-831.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-130 - Contractors paid monthly - Reservation of percentage to protect county

The commissioners shall pay all contractors every thirty (30) days upon estimates made by the engineer in charge of the work for the county, or upon estimates of the assistant engineer for the county, reserving not in excess of ten percent (10%) of the amount of work done at that time as may be evidenced by estimates of the engineer or the engineer's assistants; but the engineers shall be sure at all times that their estimates are not for more than the amount of work actually done, and the commissioners shall at all times reserve an ample amount or percentage to protect the interest of the county.
Acts 1913 (1st E.S.), ch. 26, § 10; Shan., § 1695a32; Code 1932, § 2993; T.C.A. (orig. ed.), § 54-832.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-131 - Engineers - Employment - Duties

(a)
The commissioners shall employ a competent engineer, and, if need be, assistant engineers.
(b)
The engineers shall be employed to lay out the work on the roads provided for, making estimates on the roads and work done by the contractors building the roads.
Acts 1913 (1st E.S.), ch. 26, § 11; Shan., § 1695a33; Code 1932, § 2994; T.C.A. (orig. ed.), § 54-833.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-132 - Bond of engineers - Forfeiture

(a)
The engineer shall execute a bond to the county for not less than ten thousand dollars ($10,000), or more if a larger bond is demanded by the county legislative body, conditioned that the engineer will honestly and faithfully execute all work entrusted to the engineer's care by the commissioners.
(b)
In the event the engineer willfully or grossly negligently fails to execute any work entrusted to the engineer's care in a manner that is not in the best interest of the county employing the engineer, then the bond shall be forfeited to the county, the bond to be signed by good and solvent personal bondspersons, or by a company authorized to do surety business in the state.
Acts 1913 (1st E.S.), ch. 26, § 11; Shan., § 1695a34; Code 1932, § 2995; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-834.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-133 - Compensation of engineer

As compensation for the faithful performance of duty, the engineer shall receive an amount agreed upon by the engineer and the road commissioners having charge of the work.
Acts 1913 (1st E.S.), ch. 26, § 11; Shan., § 1695a35; Code 1932, § 2996; T.C.A. (orig. ed.), § 54-835.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-134 - Oath of engineers

Each engineer so employed shall take and subscribe an oath before entering upon the engineer's duties that all work will be honestly and faithfully executed as entrusted to the engineer's care, without partiality to any section of the county.
Acts 1913 (1st E.S.), ch. 26, § 11; Shan., § 1695a36; Code 1932, § 2997; T.C.A. (orig. ed.), § 54-836.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-135 - Removal of engineers - Cause

Any engineer employed under this chapter shall be subject to removal or discharge by the commissioners for the county, at any time when, in the judgment of a majority, it appears to the best interest of the county to remove the engineer, first giving the engineer thirty (30) days' notice of removal.
Acts 1913 (1st E.S.), ch. 26, § 11; Shan., § 1695a37; Code 1932, § 2997a; T.C.A. (orig. ed.), § 54-837.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-136 - Expenditure of surplus on other roads

After all the roads laid out and provided for in the resolution have been graded, macadamized or otherwise improved for the full length of each road, should there remain a surplus, it shall be expended on such other road or roads not set forth in the resolutions, that in the judgment of the commissioners will serve the greatest number of people within the county.
Acts 1913 (1st E.S.), ch. 26, § 12; Shan., § 1695a38; mod. Code 1932, § 2998; T.C.A. (orig. ed.), § 54-838.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-137 - Record of expenditures and expenses kept by commissioners - Open to public - Violations a misdemeanor - Removal

(a)
The commissioners shall keep a well-bound book, in which shall be recorded in detail the amount of money expended by them on the roads, and where and for what purpose the money was expended.
(b)
The book shall show to whom the funds have been paid, giving the date and the amount of the payments; and it shall further show any and all expenses paid by the commissioners.
(c)
There shall be a proper accounting for all the funds coming to their hands, and how expended.
(d)
(1)
The book shall be open to the public at all reasonable times and places.
(2)
Failure to keep the book and failure to show the book to anyone of the public is a Class A misdemeanor upon the part of the commissioners and, in addition, subjects them to removal.
Acts 1913 (1st E.S.), ch. 26, § 13; Shan., § 1695a40; Code 1932, § 3000; T.C.A. (orig. ed.), § 54-840; Acts 1989, ch. 591, §§ 1, 6.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-138 - Commissioners to keep minutes of proceedings - Report bond sales, receipts and disbursements, other information

(a)
It is the duty of the commissioners to keep accurate minutes of all the proceedings had by them, the minutes to be kept in a well-bound book and preserved as a record of their office.
(b)
(1)
The commissioners shall make a written report quarterly to the county legislative body, showing the number of bonds sold since their last report, to whom sold, and the amount realized from the bonds, and also an itemized list of all their receipts and disbursements.
(2)
The report shall likewise contain other information that may be presumed to be of interest to the taxpayers of the county, and the report shall be spread on the minutes of the county legislative body.
Acts 1913 (1st E.S.), ch. 26, § 14; Shan., § 1695a41; Code 1932, § 3001; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-841.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-139 - Bonds issued for specified road and bridge purposes - Determination of kind of improvement - Form of bonds

(a)
Under this chapter, any county in the state is authorized to issue bonds pursuant to title 9, chapter 21, for the purposes of grading roads, grading and macadamizing roads, grading and concreting roads, building complete concrete roads, building macadam roads with an asphalt surface, building bridges on roads, draining roads, or maintaining or reconstructing roads already constructed, or for any kind of standard road improvement or construction.
(b)
The kind of improvement shall at all times be subject to the determination of the county legislative body and shall be approved by the department of transportation.
(c)
All plans and specifications for the improvement of the roads or bridges shall be approved by the department.
Acts 1913 (1st E.S.), ch. 26, § 15; Shan., § 1695a42; Acts 1919, ch. 175, § 7; Code 1932, § 3002; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 54-842; Acts 1988, ch. 750, § 54; 1981, ch. 264, § 12.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 1 - GENERAL PROVISIONS (§§ 54-9-101 — 54-9-140) › Section 54-9-140 - Local laws for issuance of bonds for road purposes - Cumulative power

Nothing in this chapter shall be construed as repealing any local law authorizing the issuance of bonds for road purposes, but the power conferred in this chapter shall only be cumulative to the power conferred in the local laws.
Acts 1919, ch. 175, § 8; Shan. Supp., § 1695a44; Code 1932, § 3003; T.C.A. (orig. ed.), § 54-843.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 2 - CONSTRUCTION OF COUNTY HIGHWAYS, ROADS AND BRIDGES (§§ 54-9-201 — 54-9-212) › Section 54-9-201 - Bonds issued - State aid pledged

Any county may authorize the issuance of bonds pursuant to title 9, chapter 21, for the construction of county highways, roads and bridges and may irrevocably pledge, during each fiscal year, moneys received by way of state aid grants for rural roads, an amount not exceeding fifty percent (50%) of state aid funds derived from the distribution of the gasoline tax for rural roads, to the retirement of principal of and interest on the bonds, but in computing the amount of state grants, state funds used in matching federal funds shall be excluded.
Acts 1959, ch. 320, § 1; 1961, ch. 282, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., § 54-844; Acts 1980, ch. 601, § 16; 1983, ch. 320, § 6; 1988, ch. 750, § 55.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 2 - CONSTRUCTION OF COUNTY HIGHWAYS, ROADS AND BRIDGES (§§ 54-9-201 — 54-9-212) › Section 54-9-202 - Surveys and plans of proposed projects - Contents - Approval by county - Reviewed and approved by state - Adoption by county legislative body

(a)
Prior to the issuance of bonds, the county highway department shall prepare, or cause to be prepared, surveys and plans of proposed county highways, roads and bridges, or proposed project or projects, to be constructed, showing the location, design and construction of the proposed improvement project and the estimated cost of the project, based on current costs. When the surveys and plans have been approved by the county highway department, they shall be submitted to the department of transportation. They shall be reviewed by the department for feasibility, practicability and completeness as to design and type of construction for a permanent county highway, road or bridge improvement, in accordance with the established standards for state-aid highways and roads constructed under the state-aid highway program. If the department approves the surveys and plans, it shall certify its approval to the presiding officer of the county legislative body, who shall submit the surveys and plans for approval or disapproval to the county legislative body at either a regular or called session to be held not less than thirty (30) nor more than forty-five (45) days from the date of submission.
(b)
Within five (5) days after the receipt of the surveys and plans, as certified by the department, the presiding officer of the county legislative body shall appoint a committee of no less than three (3), nor more than nine (9) members of the county legislative body, for the purpose of studying the surveys and plans, so that the committee may recommend approval or disapproval to the county legislative body. Within ten (10) days, the committee shall reduce its recommendations to writing and file them with the county clerk. Both majority and minority reports may be filed. At the meeting of the county legislative body, the plans, surveys, certification by the department and the recommendations of the committee appointed by the presiding officer shall be considered. If a majority of the authorized membership of the county legislative body approves, a resolution allowing the issuance of bonds, in accordance with this chapter, may be adopted. The county shall have no authority to change or alter, in any way, the surveys and plans approved and certified by the department, unless approved by the department.
Acts 1959, ch. 320, § 2; 1961, ch. 282, § 2; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 54-845; Acts 1983, ch. 320, § 7.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 2 - CONSTRUCTION OF COUNTY HIGHWAYS, ROADS AND BRIDGES (§§ 54-9-201 — 54-9-212) › Section 54-9-203 - Bond resolution, contents

The bond resolution shall contain:
(1)
The amount, or maximum amount, of the bonds to be issued;
(2)
The purpose of the bond issued being for the construction of county highways, roads or bridges, as certified by the department;
(3)
The rate, or maximum rate, of interest that the bonds shall yield; and
(4)
A concise statement as to the amount or percentage of state aid funds to be irrevocably pledged and whether the taxing power of the county shall be pledged for the payment of bonds, plus interest; but the amount irrevocably pledged from state aid funds, derived from the proceeds of the gasoline tax distributed to the counties, shall not exceed fifty percent (50%) of the state aid funds.
Acts 1959, ch. 320, § 3; T.C.A., § 54-846; Acts 1983, ch. 320, § 8.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 2 - CONSTRUCTION OF COUNTY HIGHWAYS, ROADS AND BRIDGES (§§ 54-9-201 — 54-9-212) › Section 54-9-204 - County highway bond account - Expenditure of funds

In accordance with the bond resolution, the county trustee shall place in a special account, known as the county highway bond account, the amounts of state-aid road funds and state aid funds received for county highway purposes, but not exceeding fifty percent (50%) of the state aid funds, pledged to the payment of the principal of and interest on the bonds. The funds shall be expended for no other purpose. When an amount has been accumulated sufficient to pay the principal amount of the bonds, plus interest, the county trustee shall not place additional funds in the account.
Acts 1959, ch. 320, § 4; T.C.A., § 54-847; Acts 1983, ch. 320, § 9; 1988, ch. 750, § 56.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 2 - CONSTRUCTION OF COUNTY HIGHWAYS, ROADS AND BRIDGES (§§ 54-9-201 — 54-9-212) › Section 54-9-209 - County highway department authorized to undertake project - Project accomplished by contract - Advertisement for bids

(a)
(1)
After the sale of the bonds for the construction of the approved projects, the county legislative body may authorize the county highway department to undertake one (1) or more of the projects or may direct that the project or projects be accomplished by contract.
(2)
In the event the county highway department undertakes the project or projects, the procedures set for and the provisions of §
54-9-202
shall be applicable, and it shall be the duty of the appropriate officials in the county to explicitly follow the surveys and plans approved by the department of transportation and they shall have no authority to change, alter, or modify them in any way.
(b)
(1)
In the event the county legislative body determines the projects shall be accomplished by contract, the county, through a committee consisting of the fiscal officer of the county, the chief administrative officer of the county highway department and the county trustee, shall advertise for bids for the construction project or projects.
(2)
The advertisement shall be placed at least once weekly for two (2) consecutive weeks in a newspaper having general circulation in the county, and shall concisely contain:
(A)
The time and date for filing sealed bids with the county clerk;
(B)
The time on the same date when the committee shall publicly open the bids;
(C)
A general description of the project or projects upon which bids will be received;
(D)
The offices of the county officials in which copies of the plans, specifications and contracts may be reviewed; and
(E)
Other pertinent information.
Acts 1959, ch. 320, § 9; impl. am. Acts 1978, ch. 934, §§ 7, 22, 36; T.C.A., § 54-852; Acts 1983, ch. 320, § 10.
2023 Tennessee Code › Title 54 - HIGHWAYS, BRIDGES AND FERRIES (§§ 54-1-101 — 54-22-105) › Chapter 9 - COUNTY HIGHWAY BONDS (§§ 54-9-101 — 54-9-212) › Part 2 - CONSTRUCTION OF COUNTY HIGHWAYS, ROADS AND BRIDGES (§§ 54-9-201 — 54-9-212) › Section 54-9-210 - Contract and performance bond - Acceptance of lowest bid - Rejection of bids - Readvertisement

(a)
The department of transportation shall prepare a model contract and performance bond, which the counties, without exception, alteration or modification, shall use, except for filling in appropriate blanks, or spaces, as may be necessary to complete the contract and bond.
(b)
The bond shall be executed by a corporate surety authorized to do business in this state.
(c)
(1)
The committee referred to in §
54-9-209
shall accept, on behalf of the county, the lowest bid, except the committee may reject all bids if the lowest bid exceeds the estimated cost of the project by ten percent (10%); provided, that in the event the committee decides to reject the bid, the presiding officer of the county legislative body shall, within ten (10) days, call the county legislative body into special session to determine whether the bid shall be accepted or rejected.
(2)
If the bid is accepted either by the committee or the county legislative body, the contract shall be executed on behalf of the county, by the chief administrative officer of the county highway department, if any, and the presiding officer of the county legislative body, and countersigned by the county clerk, who shall affix the county clerk's seal of office to the contract.
(3)
If the county legislative body concurs with the committee in rejecting the bid, the project shall be readvertised in the same way and manner as originally and the low bid shall be accepted and the appropriate county officers shall execute the contract.
(4)
The original contract shall be filed in the office of the county clerk, and copies of the contract shall be supplied to the contractor and the county highway department.
Acts 1959, ch. 320, § 10; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1972, ch. 829, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 54-853; Acts 1983, ch. 320, § 11.