reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 6 - METROPOLITAN CELEBRATION AUTHORITY ACT (§§ 7-6-101 — 7-6-112) › Section 7-6-102 - Legislative declaration and purpose - Exemption from taxation

(a)
It is hereby declared that metropolitan celebration authorities created pursuant to this chapter shall be public and governmental bodies acting as agencies and instrumentalities of the creating municipality, and that the acquisition, construction, operation and financing of improvements by such authorities are hereby declared to be a public and governmental purpose and a matter of public necessity.
(b)
The property and revenues of the authority or any interests in property and revenues shall be exempt from all state, county and municipal taxation.
(c)
The authorities shall be created for the purpose of implementing projects to commemorate and celebrate the bicentennial anniversary of the principal city of any county adopting a metropolitan form of government.
Acts 1979, ch. 389, § 2; T.C.A., § 6-3765.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 6 - METROPOLITAN CELEBRATION AUTHORITY ACT (§§ 7-6-101 — 7-6-112) › Section 7-6-103 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Authority" means a metropolitan celebration authority created pursuant to the authority of this chapter;
(2)
"Board" means the board of commissioners of an authority;
(3)
"Bonds" includes notes, interim certificates or other obligations of an authority;
(4)
"Creating municipality" means any county having adopted a metropolitan form of government that creates an authority pursuant to this chapter;
(5)
"Executive officer" means the mayor, county mayor or other chief executive officer of any creating municipality; and
(6)
"State" means the state of Tennessee.
Acts 1979, ch. 389, § 3; T.C.A., § 6-3766; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 6 - METROPOLITAN CELEBRATION AUTHORITY ACT (§§ 7-6-101 — 7-6-112) › Section 7-6-104 - Creation of a metropolitan celebration authority

(a)
Any county having a metropolitan form of government may create a metropolitan celebration authority in the manner provided in this section.
(b)
The governing body of the creating municipality shall adopt, and its executive officer shall approve, a resolution calling for a public hearing on the question of creating a metropolitan celebration authority. Notice of the date, hour, place and purpose of the hearing shall be published at least once each week for two (2) consecutive weeks in a newspaper of general circulation in the creating municipality, the last publication to be at least one (1) week prior to the date set for the hearing.
(c)
The hearing shall be had before the governing body and all interested persons shall have an opportunity to be heard.
(d)
After the hearing, if the governing body determines that the public convenience and necessity require the creation of an authority, it shall adopt, and its executive officer shall approve, a resolution so declaring and creating an authority, which resolution shall designate the name and principal office address of the authority. A certified copy of the resolution shall be filed with the secretary of state and with the Tennessee historical commission, along with the resolution approving the appointment of the board as provided for in §
7-6-105
, and, upon the adoption and filing, the authority shall constitute a body politic and corporate, with all the powers provided in this chapter.
Acts 1979, ch. 389, § 4; T.C.A., § 6-3767.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 6 - METROPOLITAN CELEBRATION AUTHORITY ACT (§§ 7-6-101 — 7-6-112) › Section 7-6-105 - Board of commissioners

(a)
(1)
The authority shall be governed by a board of commissioners composed of eleven (11) members. Three (3) members shall be officers of the state, who shall be appointed by the executive officer of the creating municipality after consultation with the governor, the speaker of the senate and the speaker of the house of representatives. The executive officer of the creating municipality or the executive officer's designee shall be a member. Seven (7) members shall be appointed by the executive officer of the creating municipality subject to confirmation by the governing body of the municipality. The executive officer or the executive officer's designee shall serve during the term of the executive officer. The three (3) members who shall be officers of the state shall serve while holding their respective offices. The seven (7) members appointed by the executive officer subject to confirmation by the governing body shall serve for terms of one (1), two (2), three (3), four (4), five (5), six (6) and seven (7) years, respectively.
(2)
Nothwithstanding subdivision (a)(1), any member may be removed at the pleasure of the executive officer.
(b)
The board shall elect from its members a chair and vice chair, each of whom shall be voting members, and shall adopt bylaws and rules of procedure.
(c)
A majority of the commissioners shall constitute a quorum for the transaction of business.
(d)
Except as expressly otherwise specified, all powers granted in this chapter to the authority shall be exercised by the board.
(e)
Commissioners shall receive no salary, but shall be reimbursed for necessary expenses incurred in the performance of their official duties.
Acts 1979, ch. 389, § 5; T.C.A., § 6-3768.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 6 - METROPOLITAN CELEBRATION AUTHORITY ACT (§§ 7-6-101 — 7-6-112) › Section 7-6-106 - Officers and employees

(a)
The board shall appoint an executive director who shall be the chief executive and administrative officer of the authority, and shall enter into a contract with the executive director establishing the executive director's salary and term of office.
(b)
The executive director shall appoint, subject to confirmation by the board, the following additional officers: a secretary, an auditor, a legal counsel and a treasurer.
(c)
All other officers and employees of the authority shall be appointed by the executive director.
(d)
The executive director shall attend all meetings of the board.
Acts 1979, ch. 389, § 6; T.C.A., § 6-3769.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 6 - METROPOLITAN CELEBRATION AUTHORITY ACT (§§ 7-6-101 — 7-6-112) › Section 7-6-107 - General powers

An authority has all of the powers necessary to accomplish the purposes of this chapter, excluding the exercise of the power of eminent domain and the power to levy and collect taxes and special assessments, including, but not limited to, the power to:
(1)
Have perpetual succession, sue and be sued, and adopt a corporate seal;
(2)
Acquire real or personal property or any interest in real or personal property by gift, lease, or purchase, for any of the purposes provided in this chapter and sell, lease or otherwise dispose of any such property;
(3)
Enter into contracts and agreements with any person or entity for any of the purposes provided for in this chapter; and
(4)
Make application directly to the proper federal, state, county and municipal officials and agencies, or to any other source, public or private, for loans, grants, guarantees or other financial assistance in aid of the purposes provided for in this chapter.
Acts 1979, ch. 389, § 7; T.C.A., § 6-3770.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 6 - METROPOLITAN CELEBRATION AUTHORITY ACT (§§ 7-6-101 — 7-6-112) › Section 7-6-109 - Certain powers of creating municipality

(a)
The creating municipality has all of the necessary power in order to further the purposes of this chapter, including, without limitation, any and all of which powers may be exercised by resolution of its governing body, the power to:
(1)
Advance, donate or lend money or real or personal property to the authority;
(2)
Provide that any funds on hand or to become available to it for celebration purposes shall be paid directly to the authority;
(3)
Cause water, sewer, gas, electric or other utility services to be provided to the authority;
(4)
Sell, lease, dedicate, donate or otherwise convey to the authority any of its interest in real or personal property, or grant easements, licenses or other rights or privileges therein to the authority; and
(5)
Open and improve streets, roads and alleys at the request of the authority.
(b)
None of the foregoing powers may be exercised either directly or indirectly by the municipality to provide real estate that had been condemned by eminent domain subsequent to May 30, 1979, while such real estate was in use as residential dwellings, it being the intent of this chapter that none of the power or authority created in this chapter and vested in either the creating municipality or the celebration authority to be created shall be exercised in such a way that real estate utilized in creating or carrying out the purposes or functions of the metropolitan celebration authority provided in §
7-6-104
shall have been condemned or acquired by eminent domain after May 30, 1979, while it was in use as residential dwellings.
Acts 1979, ch. 389, § 9; T.C.A., § 6-3772.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 6 - METROPOLITAN CELEBRATION AUTHORITY ACT (§§ 7-6-101 — 7-6-112) › Section 7-6-110 - Dissolution - Disposition of property

Whenever the governing body of a creating municipality shall by resolution determine that the purposes for which the authority was created have been substantially accomplished and that all the bonds and other obligations of the authority have been fully paid or secured and payment provided for, then the executive officer of the creating municipality shall execute and file for record with the secretary of state and the Tennessee historical commission a certificate of dissolution reciting such facts and declaring the authority to be dissolved. Upon filing, the authority shall be dissolved, and title to all funds and other properties of the authority, real, personal and mixed, at the time of the dissolution shall vest in and be delivered to such creating municipality.
Acts 1979, ch. 389, § 10; T.C.A., § 6-3773.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 6 - METROPOLITAN CELEBRATION AUTHORITY ACT (§§ 7-6-101 — 7-6-112) › Section 7-6-111 - Supplemental nature of chapter

(a)
The powers conferred by this chapter are in addition and supplemental to the powers conferred by any other law, and are not in substitution for such powers, and the limitations imposed by this chapter shall not affect such powers.
(b)
The powers granted in this chapter may be exercised without regard to requirements, restrictions or procedural provisions contained in any other law or charter, except as expressly provided for in this chapter.
(c)
Any county having adopted a metropolitan form of government may create a metropolitan celebration authority as provided in this chapter without the necessity of a charter amendment, notwithstanding anything in its charter to the contrary.
Acts 1979, ch. 389, § 11; T.C.A., § 6-3774.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 6 - METROPOLITAN CELEBRATION AUTHORITY ACT (§§ 7-6-101 — 7-6-112) › Section 7-6-112 - Construction - Chapter controlling

This chapter shall be liberally construed to effect the purposes of this chapter, and insofar as this chapter may be inconsistent with any other law, this chapter shall be controlling.
Acts 1979, ch. 389, § 13; T.C.A., § 6-3775.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 7 - METROPOLITAN HEARING OFFICER ACT OF 1983 (§§ 7-7-101 — 7-7-105) › Section 7-7-101 - Short title

This chapter shall be known and may be cited as the "Metropolitan Hearing Officer Act of 1983."
Acts 1983, ch. 346, § 1.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 7 - METROPOLITAN HEARING OFFICER ACT OF 1983 (§§ 7-7-101 — 7-7-105) › Section 7-7-102 - Appointment - Salary and benefits

(a)
The chief legislative body of any county having a metropolitan form of government is empowered to authorize the chief executive officer of the county to appoint a metropolitan hearing officer who shall serve at the pleasure of the chief executive officer.
(b)
The metropolitan hearing officer shall receive such salary and other benefits as may be provided by the chief legislative body.
Acts 1983, ch. 346, § 2.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 7 - METROPOLITAN HEARING OFFICER ACT OF 1983 (§§ 7-7-101 — 7-7-105) › Section 7-7-103 - Qualifications

The qualifications of a metropolitan hearing officer are as follows:
(1)
A resident of the county, having been a resident for at least three (3) years immediately prior to appointment; and
(2)
An attorney in good standing and licensed to practice law in the state of Tennessee for at least three (3) years immediately prior to appointment.
Acts 1983, ch. 346, § 3.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 7 - METROPOLITAN HEARING OFFICER ACT OF 1983 (§§ 7-7-101 — 7-7-105) › Section 7-7-104 - Powers and duties

The powers, duties, obligations and responsibilities of a metropolitan hearing officer are to:
(1)
Promptly hold a hearing on all matters appealed to appellate boards of the county;
(2)
Issue subpoenas as requested by either party in such matters;
(3)
Prepare a complete record of each hearing;
(4)
Make written recommendations following each hearing; and
(5)
Furnish each member of the appropriate appellate boards with a copy of the documents required in subdivisions (3) and (4) for their review.
Acts 1983, ch. 346, § 4.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 7 - METROPOLITAN HEARING OFFICER ACT OF 1983 (§§ 7-7-101 — 7-7-105) › Section 7-7-105 - Hearings by administrative law judges in certain counties

(a)
In lieu of appointing a hearing officer as authorized in this chapter, any county having a metropolitan form of government and a population of over four hundred fifty thousand (450,000), according to the 1990 census or any subsequent federal census, is empowered to contract with the secretary of state for use of administrative law judges, duly appointed pursuant to §
4-5-102(1)
, on a case-by-case basis to conduct hearings on any matters appealed to boards and commissions of the county.
(b)
Any appeal conducted by an administrative law judge under this section shall be conducted substantially in accordance with the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. The board or commission that considers such appeals shall promulgate rules that specify the provisions of the Uniform Administrative Procedures Act applicable to such appeals.
Acts 1994, ch. 678, § 1.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 8 - METROPOLITAN GOVERNMENT-HOUSING TRUST FUND (§§ 7-8-101 — 7-8-106) › Section 7-8-101 - Authorized

(a)
Any county having a metropolitan form of government may establish a housing trust fund for the purposes set out in this chapter, to be administered by the housing development agency of such county (herein referred to as "agency") in accordance with this chapter. The cost of administering this fund shall be borne by the agency out of its administrative budget.
(b)
The funds provided for by this chapter shall be used to provide low income persons with safe and affordable housing. Funds shall be loaned, or grants made available, from the housing trust fund for programs to include, but not be limited to, the following: bi-weekly mortgages; rehabilitation loans for substantial rehabilitation of existing residential real property; weatherization for existing single family residences, which shall be mandatory after the qualified individual has received assistance three (3) times from a low income energy program in the county; land acquisition in redevelopment areas; interest buy-down to enable a qualified individual to purchase a residence; and homeless shelters.
Acts 1987, ch. 411, § 1.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 8 - METROPOLITAN GOVERNMENT-HOUSING TRUST FUND (§§ 7-8-101 — 7-8-106) › Section 7-8-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Housing trust fund" means appropriations, reserves or dedications of any funds by the county;
(2)
"Low income persons" means qualified persons or families who lack the amount of income that is necessary, as determined by the agency, to enable them, without low interest financial assistance, to live in decent, safe and affordable dwellings without overcrowding; and
(3)
"Substantial rehabilitation" means improvements made to residential real property that exceed thirty-five percent (35%) of the proposed market value of the structure after rehabilitation.
Acts 1987, ch. 411, § 2.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 8 - METROPOLITAN GOVERNMENT-HOUSING TRUST FUND (§§ 7-8-101 — 7-8-106) › Section 7-8-103 - Disposition of funds

Any loans or grants to applicants by the county, including interest earned on investment of repayments of the loans, shall be used to benefit low income individuals or families residing within the county. All funds received for the purposes provided for in this chapter and all such interest repayments shall be added to the housing trust fund and deposited in an accredited financial institution located within the county to be designated by the county. The funds shall be deposited in a separate account earmarked to be used solely for programs established through and included in the housing trust fund pursuant to this chapter.
Acts 1987, ch. 411, § 3.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 8 - METROPOLITAN GOVERNMENT-HOUSING TRUST FUND (§§ 7-8-101 — 7-8-106) › Section 7-8-104 - Design of program - Rules and regulations

The agency shall design and tailor the program according to its needs and requirements and shall promulgate necessary rules and regulations to implement the effect and intent of this chapter.
Acts 1987, ch. 411, § 4.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 8 - METROPOLITAN GOVERNMENT-HOUSING TRUST FUND (§§ 7-8-101 — 7-8-106) › Section 7-8-105 - Escrow account - Loan fund endowment - Contributions

(a)
Any county having a metropolitan form of government may create a special escrow account earmarked for the sole purpose of generating revenue to provide low income persons, as defined in §
7-8-102
, with safe and affordable housing.
(b)
Notwithstanding any other law to the contrary, the escrow account shall consist of amounts deposited voluntarily, including, but not limited to, funds that are held in escrow and represent earnest money in real estate transactions, mortgage reserve account deposits, and tenant security deposits.
(c)
Any such county may establish a loan fund endowment in connection with the housing trust fund program, and may charge up to five dollars ($5.00) per month for the term of the loan as a participation fee in lieu of interest on loans made to qualified individuals. All proceeds from a loan fund endowment shall be used to support the housing trust fund and may be used as required under this chapter.
(d)
The county may make "in-kind" contributions. Such in-kind contributions may include, but not be limited to, land, personnel costs, program support costs, such as accounting, audit, purchasing services, and other costs as established by a cost allocation plan that directly supports program operations.
Acts 1987, ch. 411, § 5.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 8 - METROPOLITAN GOVERNMENT-HOUSING TRUST FUND (§§ 7-8-101 — 7-8-106) › Section 7-8-106 - Use of homebuyers' revolving loan fund pool funds

The county may utilize any funds authorized by title 13, chapter 23, part 3, as provided by §
13-23-303(b)
for any and all authorized purposes in the housing trust fund.
Acts 1987, ch. 411, § 6.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 21 - CHARTER GOVERNMENT UNIFICATION ACT (§§ 7-21-101 — 7-21-408) › Part 1 - GENERAL PROVISIONS (§§ 7-21-101 — 7-21-107) › Section 7-21-101 - Short title

This chapter shall be known and may be cited as the "Charter Government Unification Act."
Acts 1991, ch. 497, § 101.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 21 - CHARTER GOVERNMENT UNIFICATION ACT (§§ 7-21-101 — 7-21-408) › Part 1 - GENERAL PROVISIONS (§§ 7-21-101 — 7-21-107) › Section 7-21-102 - Applicability

This chapter shall apply to the consolidation and unification of the governmental and corporate functions of a county whose voters have adopted county charter government pursuant to article VII, § 1 of the Constitution of Tennessee, with one (1) or more of the municipalities within that county's boundaries.
Acts 1991, ch. 497, § 102.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 21 - CHARTER GOVERNMENT UNIFICATION ACT (§§ 7-21-101 — 7-21-408) › Part 1 - GENERAL PROVISIONS (§§ 7-21-101 — 7-21-107) › Section 7-21-103 - Liberal construction - No effect on Metropolitan Government Act

(a)
It is hereby declared that this chapter is remedial and shall be liberally construed to achieve the purposes stated in this chapter by utilization of the constitutional power granted by the Constitution of Tennessee, Article XI, § 9 with respect to the consolidation of the governmental and corporate functions of a county charter government with one (1) or more of the municipalities within that county's boundaries.
(b)
This chapter shall not be, or be construed as, an amendment to, or as a part of, the Metropolitan Government Act, compiled in chapters 1-8 of this title, but shall be an alternative method to consolidate the governmental and corporate functions of a county government whose charter vests in the county full and complete municipal powers exercisable by home rule, as provided in the Constitution of Tennessee, Article VII, § 1, with one (1) or more municipalities within that county's boundaries, as provided in the Constitution of Tennessee, Article XI, § 9.
Acts 1991, ch. 497, § 103.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 21 - CHARTER GOVERNMENT UNIFICATION ACT (§§ 7-21-101 — 7-21-408) › Part 1 - GENERAL PROVISIONS (§§ 7-21-101 — 7-21-107) › Section 7-21-104 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Charter" means a document containing a unified government structure, pursuant to this chapter, that constitutes the fundamental law of the unified government;
(2)
"Charter commission" means a commission established to propose the charter to the voters for adoption as provided in this chapter;
(3)
"Chief executive officer of the county" means the officer vested by either the county charter or general law with the executive powers of the county government;
(4)
"City legislative body" means the city council, board of mayor and aldermen or other body possessing the legislative power and authority of the government of a municipality;
(5)
"County" means any county whose voters have adopted a county charter government;
(6)
"County legislative body" means that body vested by either the county charter or general law with the legislative powers of the county government;
(7)
"Mayor" means such officer vested by either the city charter or general law with the executive powers of a municipality;
(8)
"Municipality" means an incorporated city or town located within the boundaries of a county whose voters have adopted a county charter government;
(9)
"Participating governmental unit" means a county whose voters have adopted a county charter government or a municipality located within that county's boundaries that has elected to participate in the preparation of a charter pursuant to this chapter;
(10)
"Principal city" means that municipality having the largest population of any municipality in a particular county;
(11)
"Smaller city" means any municipality within a county other than the principal city;
(12)
"Unification" or "unified" means consolidation or consolidated pursuant to this chapter and that power granted by the Constitution of Tennessee, Article XI, § 9 to consolidate any or all of the governmental and corporate functions now, or hereafter, vested in a county government with one (1) or more municipalities located within that county's boundaries;
(13)
"Unified government" means the governmental entity created by the unification of the governmental and corporate functions of a charter county government with the governmental and corporate functions of one (1) or more municipalities within that county's boundaries; and
(14)
"Unified municipality" means a former municipality that has merged into a unified government pursuant to this chapter.
Acts 1991, ch. 497, § 104.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 21 - CHARTER GOVERNMENT UNIFICATION ACT (§§ 7-21-101 — 7-21-408) › Part 1 - GENERAL PROVISIONS (§§ 7-21-101 — 7-21-107) › Section 7-21-105 - Unified government permitted - When - Effect of unification

(a)
Each county in this state whose voters have adopted a charter form of government and the principal city within its boundaries may create and establish a unified government to perform all of the governmental and corporate functions now, or hereafter authorized to be, performed by the county government and by the government of the principal city in the manner and with the consequences provided for in this chapter. The government of a smaller city within the county may initially or subsequently merge into the unified government by complying with §
7-21-107
or §
7-21-204(c)
. Any municipality lying in two (2) or more counties may unify with the county in which the majority of its territory lies.
(b)
After unification of a charter county government with a municipality, no functions of the governing bodies of the county and the unified municipality, or of the officers of the governing bodies, shall be retained and continued, unless otherwise so provided either in the charter of the unified government or the Constitution of Tennessee.
(c)
After the unification, no officer or agency of the county or the unified municipality shall retain any right, power, duty or obligation, unless so provided either in the charter of the unified government or the Constitution of Tennessee; provided, that nothing contained in this chapter shall impair the rights and obligations of notaries public commissioned according to law by the county prior to unification, and such notaries public shall continue to serve for the remainder of their terms as originally commissioned.
Acts 1991, ch. 497, § 105.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 21 - CHARTER GOVERNMENT UNIFICATION ACT (§§ 7-21-101 — 7-21-408) › Part 1 - GENERAL PROVISIONS (§§ 7-21-101 — 7-21-107) › Section 7-21-106 - Creation of charter commission - Effect

When a charter commission shall be created pursuant to this chapter, no municipality shall thereafter be created in the county, unless and until the proposed charter shall have been rejected by voters in a referendum election as provided in this chapter, or unless and until a charter with express provision permitting such municipality shall have been adopted by the voters in a referendum election as provided in this chapter.
Acts 1991, ch. 497, § 106.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 21 - CHARTER GOVERNMENT UNIFICATION ACT (§§ 7-21-101 — 7-21-408) › Part 1 - GENERAL PROVISIONS (§§ 7-21-101 — 7-21-107) › Section 7-21-107 - Smaller cities - Election to become part of unified government

Any smaller city that has elected not to be initially included in a unified government created and established under this chapter may at any time become a part of the unified government under such terms and conditions and by such methods and procedures as may be established in the charter of the unified government, so long as such unification is accomplished in accordance with the Constitution of Tennessee, Article XI, § 9.
Acts 1991, ch. 497, § 107.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 21 - CHARTER GOVERNMENT UNIFICATION ACT (§§ 7-21-101 — 7-21-408) › Part 2 - UNIFIED GOVERNMENT (§§ 7-21-201 — 7-21-206) › Section 7-21-202 - Expenses of charter commission - Funding - Staff - Compensation of staff and members

(a)
It is the duty of the county legislative body to appropriate sufficient funds to defray the expenses of the charter commission, which appropriation shall be not less than fifty thousand dollars ($50,000). Such funds shall be disbursed by the fiscal officer of the county upon appropriate documentation signed by the chair or the secretary of the charter commission.
(b)
The charter commission is authorized to employ such staff as may be required to assist in performing its duties, which staff shall be paid compensation as determined by the charter commission within the limits of funds appropriated pursuant to subsection (a).
(c)
Members of the charter commission shall not receive per diem or other compensation for their services except reimbursement of actual expenses authorized and approved by the charter commission.
Acts 1991, ch. 497, § 202.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 21 - CHARTER GOVERNMENT UNIFICATION ACT (§§ 7-21-101 — 7-21-408) › Part 2 - UNIFIED GOVERNMENT (§§ 7-21-201 — 7-21-206) › Section 7-21-203 - Information and assistance from public officials

All public officials shall, upon request, furnish the charter commission with all information and assistance necessary or appropriate for its work.
Acts 1991, ch. 497, § 203.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 21 - CHARTER GOVERNMENT UNIFICATION ACT (§§ 7-21-101 — 7-21-408) › Part 3 - UTILITY SERVICES (§§ 7-21-301 — 7-21-303) › Section 7-21-301 - Authority - Administration

(a)
(1)
Any unified government created and established under this chapter shall possess all powers, rights, obligations, duties and privileges to provide electricity, natural gas, water, wastewater, solid waste disposal, recycling, energy production or any other utility service as permitted by the charter, collectively referred to as "utility services", or any combination thereof; but in no event shall any initial charter provision supersede or conflict with §
7-21-206(p)
.
(2)
The powers granted to any unified government in this subsection (a) shall be the exclusive right to perform or provide such utility services within the boundaries of the county and without the boundaries of the county, as permitted by law.
(3)
Notwithstanding subdivisions (a)(1) and (2), any utility district created pursuant to chapter 82 of this title or Private Acts of 1959, chapter 175, that is providing service on the effective date of the charter shall possess all powers, rights, obligations, duties and privileges as are granted to it by such public or private act, as may subsequently be amended.
(b)
(1)
The powers, rights, obligations, duties and privileges granted in subsection (a) shall be exercised and administered through such board or boards, commission or commissions or franchise or franchises as are authorized or established under the charter.
(2)
Any such utility board or commission not otherwise established under charter provisions required by §
7-21-206(p)
, that is created by the legislative body of the unified government, shall be composed of not less than five (5) nor more than nine (9) members who are appointed in accordance with procedures specified in the charter.
(3)
The members must be, at a minimum, citizens of the jurisdiction or jurisdictions served by the utility, who are of legal age, and who are not elected officials or employees of any governmental unit or agency within the county. Upon the effective date of the charter, all existing members of utility boards or commissions established under charter provisions required by §
7-21-206(p)
shall automatically be appointed to continue to serve the balance of their term of office as provided in such private act or municipal charter provision governing such utility immediately prior to the effective date of the charter.
Acts 1991, ch. 497, § 301.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 21 - CHARTER GOVERNMENT UNIFICATION ACT (§§ 7-21-101 — 7-21-408) › Part 3 - UTILITY SERVICES (§§ 7-21-301 — 7-21-303) › Section 7-21-302 - Assumption of utility services provided within county - Procedure

(a)
Any unified government created and established pursuant to this chapter may at any time assume and take over the utility services provided within its county by any utility service provider created, authorized or owned by any private or public entity located outside such county, referred to as "outside utility service provider".
(b)
In exercising the powers granted in subsection (a), the unified government shall notify any outside utility service provider of its desire to assume responsibility for all or any part of the outside utility service provider's functions, services or duties within the county of the unified government. It shall then be the duty of the outside utility service provider and the unified government to attempt to reach agreement in writing for the allocation to the unified government of any such public functions, services or duties as the unified government may desire to assume, and all related rights, duties, property, assets and liabilities of the outside utility service provider that justice and reason may require under the circumstances. Any matters upon which the respective parties are not in agreement in writing within sixty (60) days after a unified government gives such notice shall be settled by arbitration in accordance with the law of arbitration of the state of Tennessee effective at the time of submission to the arbitrators, except that §
29-5-101(2)
shall not apply to any arbitration under this section. The award so rendered shall be transmitted to the chancery court of the county of the unified government, and then shall be subject to review in accordance with §§
29-5-113
,
29-5-115
and
29-5-118
.
Acts 1991, ch. 497, § 302.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 21 - CHARTER GOVERNMENT UNIFICATION ACT (§§ 7-21-101 — 7-21-408) › Part 3 - UTILITY SERVICES (§§ 7-21-301 — 7-21-303) › Section 7-21-303 - Smaller cities - Utility services

(a)
(1)
Notwithstanding anything in this part to the contrary, no unified government may take over, assume or acquire any powers, rights, obligations, duties and privileges with respect to any utility service created, authorized or owned by a smaller city not electing to merge into the unified government, unless and until the legislative body of such smaller city expressly consents to the acquisition by the unified government.
(2)
Express consent shall be evidenced by the execution by the smaller city of a franchise agreement granting to the service provider rights and authority within the boundary of the smaller city, subject to such terms and conditions as may mutually be agreed upon between the smaller city and service provider.
(b)
(1)
Notwithstanding anything in this part to the contrary, in the event that a unified government shall take over, assume or acquire by any means the assets, property or rights of any utility district located within the county of the unified government and any of such assets, property or rights are located within or relate to any smaller city not electing to unify, the smaller city shall have the right and option to acquire such assets, property or rights as are located within or relate to, or that reasonably and economically cannot be separated from such assets and property, as are located within the smaller city upon assumption by the smaller city of the debts, obligations and liabilities reasonably incurred or related to such property, assets or rights.
(2)
If the parties are not in agreement in writing within sixty (60) days after acquisition by the unified government, the matters upon which agreement have not been reached shall be settled by arbitration in accordance with the law of arbitration of the state of Tennessee effective at the time of submission to the arbitrators, except that §
29-5-101(2)
shall not apply to any arbitration under this section.
(3)
The award so rendered shall be transmitted to the chancery court of the county of the unified government and then shall be subject to review in accordance with §§
29-5-113
,
29-5-115
and
29-5-118
.
Acts 1991, ch. 497, § 303.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 21 - CHARTER GOVERNMENT UNIFICATION ACT (§§ 7-21-101 — 7-21-408) › Part 4 - POWERS AND DUTIES (§§ 7-21-401 — 7-21-408) › Section 7-21-401 - Powers and duties - Right to receive government funds - Application of funds

(a)
Any unified government created and established under this title shall possess all powers, rights, obligations, duties and privileges of county and municipal governments not prohibited by general law or its charter; and, without the necessity or formality of deed, bill of sale or other instrument of transfer, the unified government shall be and become the owner of all property previously belonging to the county and any unified municipality.
(b)
Any unified government created and established pursuant to this chapter shall be entitled to receive as state aid or as grant-in-aid from the state of Tennessee or from the United States or from any other agency, public or private, all funds to which a county is, or may hereafter be, entitled and all funds to which each unified municipality is, or may hereafter be, entitled, and to receive the same without diminution or loss by reason of the unification of the governments as provided in this chapter. The application of such funds shall be made as follows:
(1)
The unified government shall be deemed a county and shall also be deemed a municipality for the purpose of determining its right to receive, and for the purpose of receiving, state aid or grant-in-aid from the state of Tennessee or from the United States or from any other agency, public or private;
(2)
When funds are distributed on the basis of population or area, or both, to any county that has a unified government in effect pursuant to this chapter, then the entire population and the total area of the county shall be considered in calculating and determining the basis of the distribution;
(3)
When funds are distributed to any county on the basis of rural area, rural road mileage or rural population, or any combination thereof, then the area to which such funds shall be applied shall exclude such basis attributable to any smaller city located in part or entirely within such county that has not elected to become a part of the unified government; otherwise, such funds shall be applied as determined by the legislative branch of the unified government;
(4)
When funds are distributed to any incorporated city or municipality on the basis of population or area, or both, and the unified government is to receive that portion or portions attributable to any unified municipality, the area or population within the county that is also within the boundaries of any smaller city that has not elected to become a part of the unified government shall not be included in determining such basis for the application of such funds; otherwise, the population or the area to be used in determining such basis or to which such funds shall be applied shall be as determined by the legislative branch of the unified government.
Acts 1991, ch. 497, § 401.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 21 - CHARTER GOVERNMENT UNIFICATION ACT (§§ 7-21-101 — 7-21-408) › Part 4 - POWERS AND DUTIES (§§ 7-21-401 — 7-21-408) › Section 7-21-402 - Legislative branch - Redistricting

On or before December 31 of the first calendar year following a year of federal decennial census, it is the duty of the legislative branch of the unified government to reapportion or redistrict the seats of the legislative branch and the seats of the board of education of the unified government to comply with constitutional requirements. Districts reapportioned or redistricted under this section shall be relatively compact, undivided, representative of community interests, and as equal in population as reasonably practicable.
Acts 1991, ch. 497, § 402.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 21 - CHARTER GOVERNMENT UNIFICATION ACT (§§ 7-21-101 — 7-21-408) › Part 4 - POWERS AND DUTIES (§§ 7-21-401 — 7-21-408) › Section 7-21-403 - Taxing authority

(a)
Any unified government created and established pursuant to this chapter shall be authorized and empowered, through its legislative branch, to levy every tax that a county or municipality is now authorized to levy or may hereafter be authorized to levy.
(b)
Any tax created, assessed, or levied prior to unification under this chapter by the county or any municipality shall continue unabated in favor of the unified government subsequent to unification of the county and such unified municipality.
(c)
The act of unification shall not affect the assessment, levy or collection of any tax within the county adopting unified government under this chapter, unless and until specific action with respect to the assessment, levy or collection of any tax is taken by the legislative body of the unified government.
(d)
When the amount of the authorized tax depends upon the population or area of the entire county, without regard to the exclusion of population or area that is or may have been within the boundaries of municipalities within the county, then the entire population and the total area of the county in which such unified government is established shall be determinative of the authorized levy.
(e)
The legislative body may create and establish such taxing districts, as in its judgment, are necessary and appropriate to fairly allocate such taxes.
Acts 1991, ch. 497, § 403.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 21 - CHARTER GOVERNMENT UNIFICATION ACT (§§ 7-21-101 — 7-21-408) › Part 4 - POWERS AND DUTIES (§§ 7-21-401 — 7-21-408) › Section 7-21-404 - Special service districts

The legislative branch of the unified government may establish and name such special service districts, as in its judgment, may be necessary or appropriate for the exercise within such district of any one (1) or more of the public corporation rights or powers of the unified government not then being exercised for the benefit of all citizens of the county. All tax levies in special service districts shall be made with due regard for services rendered in the special service districts. The boundaries of special service districts need not be contiguous and may overlap or be coextensive with the boundaries of other special service districts.
Acts 1991, ch. 497, § 404.
2023 Tennessee Code › Title 7 - CONSOLIDATED GOVERNMENTS AND LOCAL GOVERNMENTAL FUNCTIONS AND ENTITIES (§§ 7-1-101 — 7-91-104) › METROPOLITAN GOVERNMENT (§§ 7-1-101 — 7-21-408) › Chapter 21 - CHARTER GOVERNMENT UNIFICATION ACT (§§ 7-21-101 — 7-21-408) › Part 4 - POWERS AND DUTIES (§§ 7-21-401 — 7-21-408) › Section 7-21-405 - Bonds

Any unified government created and established pursuant to this chapter may issue bonds under such terms, conditions and limitations as may be prescribed by general law and the charter.
Acts 1991, ch. 497, § 405.