reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 51 - CHANGE OF MUNICIPAL BOUNDARIES (§§ 6-51-101 — 6-51-410) › Part 4 - MERGER OF MUNICIPALITIES (§§ 6-51-401 — 6-51-410) › Section 6-51-408 - Debts and liabilities - Bond funds

(a)
All outstanding debts and liabilities of the former municipalities shall be assumed by the consolidated municipality.
(b)
All the territory included within the limits of the consolidated municipality shall be liable for the floating and bonded indebtedness, including interest, of all the territory included within the consolidated municipality.
(c)
Whenever at the time of the merger, however, any of the respective municipalities have on hand any bond funds voted for public improvements not already appropriated or contracted for, this money shall be kept in a separate fund and devoted to public improvements in the territory for which the bonds were voted.
Acts 1989, ch. 176, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 51 - CHANGE OF MUNICIPAL BOUNDARIES (§§ 6-51-101 — 6-51-410) › Part 4 - MERGER OF MUNICIPALITIES (§§ 6-51-401 — 6-51-410) › Section 6-51-409 - State-shared taxes

(a)
The consolidated municipality shall continue without interruption receiving state-shared taxes.
(b)
For state-shared taxes distributed on a population basis, the entire population of the consolidated municipality shall determine its share of the state revenue.
Acts 1989, ch. 176, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 51 - CHANGE OF MUNICIPAL BOUNDARIES (§§ 6-51-101 — 6-51-410) › Part 4 - MERGER OF MUNICIPALITIES (§§ 6-51-401 — 6-51-410) › Section 6-51-410 - Part inapplicable

This part shall not apply to counties having a metropolitan form of government.
Acts 1989, ch. 176, § 3.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 52 - DISSOLUTION AND LIQUIDATION OF AFFAIRS (§§ 6-52-101 — 6-52-304) › Part 1 - GENERAL PROVISIONS (§§ 6-52-101 — 6-52-107) › Section 6-52-101 - Tax levy to pay indebtedness of former municipality

The county legislative bodies are empowered to levy a special tax within the territory embraced within the limits of any incorporated town or city whose charter has been abolished and no new charter granted, or no reincorporation has taken place, or when a new charter has been granted making no provision for the indebtedness of the former corporation, for the purposes of meeting existing indebtedness due, meeting annual or semiannual interest charges on bonded indebtedness, providing any required sinking fund, and paying off all indebtedness when due.
Acts 1903, ch. 356, § 1; Shan., § 1997a8; mod. Code 1932, § 3512; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 6-401.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 52 - DISSOLUTION AND LIQUIDATION OF AFFAIRS (§§ 6-52-101 — 6-52-304) › Part 1 - GENERAL PROVISIONS (§§ 6-52-101 — 6-52-107) › Section 6-52-102 - Collection and disposition of tax

The proceeds of the special tax levied by §
6-52-101
shall be collected by the county trustee and paid out upon warrant of the county mayor for the purposes enumerated in §
6-52-101
, and not otherwise.
Acts 1903, ch. 356, § 2; Shan., § 1997a; 9; Code 1932, § 3513; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 6-403; Acts 2003, ch. 90, § 2.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 52 - DISSOLUTION AND LIQUIDATION OF AFFAIRS (§§ 6-52-101 — 6-52-304) › Part 1 - GENERAL PROVISIONS (§§ 6-52-101 — 6-52-107) › Section 6-52-103 - Right to condemnation proceeds after dissolution

(a)
Where any governmental agency, corporation, association, firm, partnership or individual is authorized under the laws of this state, or of the United States, to take property belonging to any of the incorporated municipalities, cities or towns within this state, and such power and authority is exercised to the extent that such incorporated municipality, city or town can no longer function as such, the right to compensation for the property so taken shall vest in the taxpayers of such incorporated municipality, city or town owning real estate or personal property assessed for ad valorem taxes within such incorporated municipality, city or town.
(b)
Such rights shall become vested as of the date the first property or properties are acquired by such governmental agency, corporation, association, firm, partnership or individual having the right under the laws of this state or the United States to acquire such property, either by sale, condemnation proceedings or eminent domain.
Acts 1947, ch. 55, § 1; C. Supp. 1950, § 3511.1 (Williams, § 3170.1); T.C.A. (orig. ed.), § 6-403.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 52 - DISSOLUTION AND LIQUIDATION OF AFFAIRS (§§ 6-52-101 — 6-52-304) › Part 1 - GENERAL PROVISIONS (§§ 6-52-101 — 6-52-107) › Section 6-52-104 - Apportionment and distribution of condemnation proceeds

Where any incorporated municipality, city or town is compelled to surrender its charter by reason of the taking of its property by any governmental agency, corporation, association, firm, partnership or individual vested with the authority to purchase or condemn or take the properties of such incorporated municipality, city or town under the power of eminent domain, the proceeds derived from the taking of such municipal properties shall belong to, and become vested in, such taxpayers in proportion to the amount of such taxes paid or owing by such taxpayers to such incorporated municipality for the year that the first property or properties are acquired by such governmental agency, corporation, association, firm, partnership or individual; provided, that where no taxes have been assessed for such year, then the next preceding tax year shall constitute the basis for distribution. Such distribution shall be made only after payment of all indebtedness owing by such municipality, city or town incorporated under the laws of this state.
Acts 1947, ch. 55, § 2; mod. C. Supp. 1950, § 3511.2 (Williams, § 3170.2); T.C.A. (orig. ed.), § 6-404.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 52 - DISSOLUTION AND LIQUIDATION OF AFFAIRS (§§ 6-52-101 — 6-52-304) › Part 1 - GENERAL PROVISIONS (§§ 6-52-101 — 6-52-107) › Section 6-52-105 - New corporation as successor to old

When the charter of any municipal corporation has been repealed, and the same territory has been reincorporated, the new corporation is declared to be the successor of the old corporation for the purposes of this section, §§
6-52-106
and
6-52-107
.
Acts 1903, ch. 399, § 1; Shan., § 1997a10; Code 1932, § 3514.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 52 - DISSOLUTION AND LIQUIDATION OF AFFAIRS (§§ 6-52-101 — 6-52-304) › Part 1 - GENERAL PROVISIONS (§§ 6-52-101 — 6-52-107) › Section 6-52-106 - Property and debts passing to successor

Such new corporation shall be liable for the debts of such old corporation, and shall be entitled to the property and assets of such old corporation, which shall pass to and be vested in such new corporation for the same uses and purposes for which it was held and to be used by the old corporation.
Acts 1903, ch. 399, § 2; Shan., § 1997a11; Code 1932, § 3515; T.C.A. (orig. ed.), § 6-406.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 52 - DISSOLUTION AND LIQUIDATION OF AFFAIRS (§§ 6-52-101 — 6-52-304) › Part 1 - GENERAL PROVISIONS (§§ 6-52-101 — 6-52-107) › Section 6-52-107 - Collection of taxes and dues by successor

Such new corporation is invested with the right to collect, receive, and receipt for all taxes and dues to the old corporation to which it succeeds, and shall be entitled to exercise all the remedies provided by law for the collection of such taxes and dues.
Acts 1903, ch. 399, § 3; Shan., § 1997a12; Code 1932, § 3516; T.C.A. (orig. ed.), § 6-407.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 52 - DISSOLUTION AND LIQUIDATION OF AFFAIRS (§§ 6-52-101 — 6-52-304) › Part 2 - ABOLITION OF CHARTER (§§ 6-52-201 — 6-52-206) › Section 6-52-201 - Petition for abolition

The people of any incorporated municipality, which was chartered or incorporated under the general laws providing for the organization of municipal corporations, who desire to surrender or abolish their charter, may do so in the following manner:
(1)
Whenever ten percent (10%) or more of the registered voters of any such town or city shall petition the county election commission of the county in which the town or city is located, setting forth in the petition that they desire and pray that an election be held of the qualified voters of the town or city, submitting to them the question of "charter" or "no charter," the county election commission shall cause to be held an election in the town or city, in the several wards thereof, if there are such wards, to ascertain the will of the people of the town or city, as to the surrender or nonsurrender of their charter. If the municipal corporation includes territory in two (2) or more counties, such election shall be called and conducted by the county election commissions of the counties in which the territory is situated, and the results certified to the county clerks of all such counties;
(2)
Notwithstanding subdivision (1), or §
6-52-205
to the contrary, no such petition shall be accepted nor election with respect to such question scheduled to be held by the county election commission of the county in which the town or city is located, unless two (2) years shall have expired from the date of the incorporation of the municipality or the date of the holding of the most recent election in the municipality on the question of "charter" or "no charter," whichever shall have last occurred.
Acts 1901, ch. 165, § 1; Shan., § 1997a1; mod. Code 1932, § 3505; Acts 1959, ch. 295, § 8; 1968, ch. 436, § 1; impl. am. Acts 1972, ch. 740, § 7; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 6-219; T.C.A., § 6-2-501; Acts 1983, ch. 50, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 52 - DISSOLUTION AND LIQUIDATION OF AFFAIRS (§§ 6-52-101 — 6-52-304) › Part 2 - ABOLITION OF CHARTER (§§ 6-52-201 — 6-52-206) › Section 6-52-202 - Notice of election

Upon the receipt of such petition, the county election commission shall give notice of the time of holding such election, by written or printed handbills posted at five (5) or more public places in the town or city and every ward thereof, at least thirty (30) days before the day of election, stating the object of the election, and shall also cause the same to be published for two (2) consecutive weeks in some newspaper, if there is one published in the town or city.
Acts 1901, ch. 165, § 2; Shan., § 1997a2; Code 1932, § 3506; impl. am. Acts 1972, ch. 740, § 7; T.C.A. (orig. ed.), § 6-220; T.C.A., § 6-2-502; Acts 1980, ch. 676, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 52 - DISSOLUTION AND LIQUIDATION OF AFFAIRS (§§ 6-52-101 — 6-52-304) › Part 2 - ABOLITION OF CHARTER (§§ 6-52-201 — 6-52-206) › Section 6-52-203 - Conduct of election

(a)
On the day fixed in the notices of election and at the usual place or places of holding elections in the town or city, the county election commission shall cause the elections to be held in the manner prescribed by law in cases of general election.
(b)
All persons who are entitled to vote in the town or city for officers thereof shall be entitled to vote in the election, and those who desire to surrender or abolish the charter shall have printed or written on their tickets the words "no charter," and those opposed to the repeal or surrender of the charter shall have printed or written on their tickets the word "charter."
Acts 1901, ch. 165, § 3; Shan., §§ 1997a3, 1997a4; mod. Code 1932, §§ 3507, 3508; impl. am. Acts 1972, ch. 740, § 7; T.C.A. (orig. ed.), § 6-221; T.C.A., § 6-2-503.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 52 - DISSOLUTION AND LIQUIDATION OF AFFAIRS (§§ 6-52-101 — 6-52-304) › Part 2 - ABOLITION OF CHARTER (§§ 6-52-201 — 6-52-206) › Section 6-52-204 - Return and canvass of election

When the election is closed, the officers, judges and clerks holding the election shall certify the result of the election, together with the poll list of voters and ballots, and the same shall be duly returned to the county election commission, which shall canvass the ballots and verify the same as required by law in case of general elections.
Acts 1901, ch. 165, § 4; Shan., § 1997a5; mod. Code 1932, § 3509; impl. am. Acts 1972, ch. 740, § 7; T.C.A. (orig. ed.), § 6-222; T.C.A., § 6-2-504.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 52 - DISSOLUTION AND LIQUIDATION OF AFFAIRS (§§ 6-52-101 — 6-52-304) › Part 2 - ABOLITION OF CHARTER (§§ 6-52-201 — 6-52-206) › Section 6-52-205 - Results of election

(a)
When the county election commission has duly canvassed the vote and the returns, and ascertained the result of the election, if it should appear that "no charter" has a majority of the votes cast, the county election commission shall make a triplicate certificate of the result of the election and file one (1) with the original petition with the county clerk; it shall also file one (1) of the certificates, together with a copy of the original petition, with the secretary of state, to be filed and recorded in the secretary of state's office; and it shall cause one (1) of the certificates to be registered in the register's office of the county in which the town or city is situated. When the certificates are duly filed and registered as provided in this subsection (a), the corporation shall be abolished and become extinct.
(b)
If a majority of the votes cast in the election are for "charter," the county election commission shall make one (1) statement and certificate of the result, which it shall file with the county clerk of the county, together with the original petition. No other election shall be held for the repeal of the charter of such town or city until after the expiration of twelve (12) months.
Acts 1901, ch. 165, § 5; Shan., § 1997a6; Code 1932, § 3510; impl. am. Acts 1972, ch. 740, § 7; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 6-223; T.C.A., § 6-2-505.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 52 - DISSOLUTION AND LIQUIDATION OF AFFAIRS (§§ 6-52-101 — 6-52-304) › Part 2 - ABOLITION OF CHARTER (§§ 6-52-201 — 6-52-206) › Section 6-52-206 - Time for election

Such an election will be held in conjunction with the next scheduled city or county-wide election, primary or referendum that is held forty-five (45) days after the petitions for abolition are filed with the election commission.
Acts 1901, ch. 165, § 6; Shan., § 1997a7; Code 1932, § 3511; T.C.A. (orig. ed.), § 6-224; T.C.A., § 6-2-506; Acts 1980, ch. 676, § 2.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 52 - DISSOLUTION AND LIQUIDATION OF AFFAIRS (§§ 6-52-101 — 6-52-304) › Part 3 - FORFEITURE OF CHARTER (§§ 6-52-301 — 6-52-304) › Section 6-52-301 - Requisites for forfeiture

(a)
If any municipal corporation with a population of one hundred (100) inhabitants or fewer according to the latest federal census fails to exercise its corporate powers as described in §
6-52-302
, then it shall, as a municipal corporation, forfeit its charter.
(b)
Such forfeiture shall become effective upon the issuance of a court decree to that effect as prescribed in §
6-52-303
.
Acts 1983, ch. 116, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 52 - DISSOLUTION AND LIQUIDATION OF AFFAIRS (§§ 6-52-101 — 6-52-304) › Part 3 - FORFEITURE OF CHARTER (§§ 6-52-301 — 6-52-304) › Section 6-52-302 - Failure to exercise corporate powers

"Failure to exercise corporate powers" under §
6-52-301
shall include either subdivisions (1)(A)-(C) combined, or subdivision (2) alone:
(1)
(A)
Failure to elect a mayor or legislative body, or both, for more than one (1) year after the time fixed for such elections; and
(B)
Failure to levy and collect any municipal ad valorem property taxes for a period of three (3) successive years; and
(C)
Failure to expend any funds for municipal purposes or adopt a budget for municipal expenditures for a period of three (3) successive years; or
(2)
Failure to hold any municipal elections for more than twenty (20) years.
Acts 1983, ch. 116, § 2.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 52 - DISSOLUTION AND LIQUIDATION OF AFFAIRS (§§ 6-52-101 — 6-52-304) › Part 3 - FORFEITURE OF CHARTER (§§ 6-52-301 — 6-52-304) › Section 6-52-303 - Procedure

(a)
Any five (5) qualified voters of a municipal corporation that has failed to exercise municipal powers as described in §
6-52-302
may petition the chancery court or court of record with equity jurisdiction in the county in which the municipal corporation is located to declare the charter of the municipal corporation forfeited.
(b)
A hearing shall be held not more than sixty (60) days after the filing of the petition to determine whether the municipal corporation meets all the conditions set forth in §
6-52-302
. If the court determines that such conditions are met, then it shall issue a decree declaring the charter of the municipal corporation forfeited.
(c)
Such decree shall be transmitted by certified mail by the clerk of the court to the secretary of state who shall attach the decree to the charter of the municipal corporation and note its dissolution on all records relating to the municipal corporation. Failure of the secretary of state to make such notations shall have no effect on the forfeiture.
Acts 1983, ch. 116, § 3.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 52 - DISSOLUTION AND LIQUIDATION OF AFFAIRS (§§ 6-52-101 — 6-52-304) › Part 3 - FORFEITURE OF CHARTER (§§ 6-52-301 — 6-52-304) › Section 6-52-304 - Outstanding debts - Disposition of municipal property

(a)
If there are any outstanding debts in the form of bonds or otherwise owed by the municipal corporation at the time of forfeiture of the charter, the county legislative body of the county in which the municipal corporation is located is authorized to levy a special tax within the territory embraced within the corporate limit of the former corporation for the purposes set forth in §
6-52-101
. The collection and disposition of such a tax shall be pursuant to §
6-52-102
.
(b)
If a municipal corporation that has forfeited its charter pursuant to this part retains any property or assets, or both, that property or assets, or both shall first be applied to any indebtedness owed by the municipal corporation. If any such property or assets, or both remain after the payment of any indebtedness, then such property or assets, or both shall become the property or assets, or both of the county in which the municipal corporation is located.
Acts 1983, ch. 116, § 4.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 53 - MUNICIPAL ELECTIONS (§§ 6-53-101 — 6-53-111) › Section 6-53-101 - Notice of elections

(a)
(1)
The county election commission of each county shall hold, upon no less than one hundred twenty (120) days' notice, an election for mayor and aldermen, and other officers in any incorporated town, village, or city, according to law, who, when elected, shall have all the powers conferred on them by their respective charters of incorporation, and until their successors are elected and qualified. If the municipal corporation includes territory in two (2) or more counties, such election and all other municipal elections of such municipal corporation shall be called and conducted by the county election commission of the county in which the town seat or city hall is located.
(2)
Any municipality that has changed the term of office of any elected official shall file a certified copy of the ordinance changing such term of office with the appropriate county election commission at least seven (7) days prior to the deadline for filing the notice of election pursuant to §
2-12-111
.
(b)
(1)
In municipalities with a population of one hundred twenty-five (125) or less, according to the 1960 census or any subsequent federal census, notice of municipal elections may be made by posting in five (5) public places in the municipality a proclamation of the legislative body of the town holding the municipal election; provided, that the notice shall be on heavy paper or cardboard at least eight inches (8") long and five inches (5") wide, and shall be clearly legible.
(2)
The notice provided for such towns may be made in lieu of all other notices required by law for municipal elections; provided, that the elections relate only to officers of the municipality.
Acts 1865, ch. 13, § 2; impl. am. Acts 1907, ch. 436; Shan., § 1948; Code 1932, § 3368; mod. C. Supp. 1950, § 3368; Acts 1959, ch. 295, § 9; 1963, ch. 387, § 1; 1965, ch. 236, § 1; 1967, ch. 9, § 1; impl. am. Acts 1972, ch. 740, § 7; Acts 1973, ch. 160, § 2; 1974, ch. 540, § 1; T.C.A. (orig. ed.), § 6-501; Acts 2000, ch. 756, § 16; 2001, ch. 413, §§ 10, 11.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 53 - MUNICIPAL ELECTIONS (§§ 6-53-101 — 6-53-111) › Section 6-53-103 - Certificate of election

Immediately after the election, the county election commission or officers holding the election shall deliver to the persons having the highest number of votes a certificate of their election.
Code 1858, § 1368 (deriv. Acts 1849-1850, ch. 17, § 4); impl. am. Acts 1907, ch. 436; Shan., § 1951; mod. Code 1932, § 3370; impl. am. Acts 1972, ch. 740, § 7; T.C.A., § 6-505.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 53 - MUNICIPAL ELECTIONS (§§ 6-53-101 — 6-53-111) › Section 6-53-104 - Voting members of governing body limited

(a)
(1)
After the next general election for the governing body of a municipality held on or after March 9, 2023, the governing body must not be composed of more than twenty (20) voting members.
(2)
With respect to municipalities formed after March 9, 2023, the governing body must not be composed of more than twenty (20) voting members.
(b)
(1)
For purposes of complying with subsection (a), the governing body of a municipality shall dissolve, combine, or reapportion districts or wards, as necessary, so that the number of members elected to the governing body does not exceed twenty (20) voting members. Using the most recent federal census, the governing body shall ensure that a reapportionment maintains substantially equal representation based on population and otherwise complies with the United States and Tennessee Constitutions and state and federal law.
(2)
The governing body of a municipality may take any action by majority vote of the governing body necessary to implement and facilitate this section, irrespective of any provision of a charter or private act.
(c)
Notwithstanding a general law or charter provision to the contrary, and irrespective of whether a person has previously served on the governing body of a municipality:
(1)
A person who is elected on or after March 9, 2023 may seek as many terms in office, including those partially served, as are permissible under applicable provisions of the general law or the governing municipal charter; and
(2)
After the reapportionment of districts under subsection (b), if any, a person may run for elected office to the governing body in any district or as an at-large candidate to the extent that the person is qualified to run in accordance with applicable provisions of the general law or the governing municipal charter.
(d)
As used in this section, "governing body of a municipality" means that body, board, or council in which the general legislative powers of an incorporated city or town, including a home rule city, are vested. The term does not include the governing body of a metropolitan government.
Added by 2023 Tenn. Acts, ch. 21, s 2, eff. 3/9/2023.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 53 - MUNICIPAL ELECTIONS (§§ 6-53-101 — 6-53-111) › Section 6-53-106 - Filling certain vacancies

(a)
Notwithstanding any other law or municipal charter, whenever a vacancy occurs in the membership of any city board of education whose members are elected by vote of the people or in the office of city judge who is elected by vote of the people in any city having a population in excess of one hundred thousand (100,000) within counties, except those counties with the metropolitan form of government, having a population in excess of two hundred thousand (200,000), each according to the 1970 federal census or any subsequent federal census, any appointment made pursuant to law or charter provision shall be an interim appointment, valid only until the next primary or general election or referendum that is held in such city after the vacancy occurs.
(b)
At such primary or general election or referendum, the vacancy shall be filled for the remainder of the unexpired term by the election of some qualified candidate.
(c)
In any city to which this section applies, for those offices for which by charter or other law a special election is provided for the filling of vacancies, such charter or other law shall be controlling, but if no special election is so provided for the filling of vacancies, this section shall control.
Acts 1972, ch. 700, § 1; T.C.A., § 6-510.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 53 - MUNICIPAL ELECTIONS (§§ 6-53-101 — 6-53-111) › Section 6-53-107 - Vacancies in council

(a)
Notwithstanding any other law or charter, whenever a vacancy occurs in the membership of the city council of any city having a population in excess of one hundred thousand (100,000) within counties, except those counties with the metropolitan form of government, having a population in excess of two hundred thousand (200,000), each according to the 1970 federal census or any subsequent federal census, any appointment made to fill such vacancy under the law or charter shall be an interim appointment, valid only until the next primary or general election or referendum that is held in such city after the vacancy occurs.
(b)
At such primary or general election or referendum, the vacancy shall be filled for the remainder of the unexpired term by the election of some qualified candidate.
(c)
In any city to which this section applies, for those offices for which by charter or other law a special election is provided for the filling of vacancies, such charter or other law shall be controlling, but if no special election is so provided for the filling of vacancies, this section shall control.
Acts 1972, ch. 694, § 1; 1974, ch. 755, § 1; T.C.A., § 6-511.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 53 - MUNICIPAL ELECTIONS (§§ 6-53-101 — 6-53-111) › Section 6-53-108 - Petitions for recall elections

(a)
The charter of any municipality to the contrary notwithstanding, any petition or petitions required to be filed under a municipal charter in order to cause a recall election of whatever type or kind, whether in the nature of a new municipal election prior to the next regular election or otherwise, shall contain one (1) or more specific grounds for removal.
(b)
This section shall be construed to be remedial and shall be given a liberal and retroactive effect where legally permissible.
Acts 1981, ch. 323, §§ 1, 2.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 53 - MUNICIPAL ELECTIONS (§§ 6-53-101 — 6-53-111) › Section 6-53-109 - Minimum age of city and municipal legislators

(a)
Notwithstanding general law, private act, or municipal charter to the contrary, no minimum age qualification for membership on the legislative body of any municipality or city shall be greater than twenty-one (21) years of age at the time of taking office nor less than eighteen (18) years of age as a candidate for election to such office; provided, that a minimum age qualification for such membership, within such age range, may be established by a municipality or city by private act, charter provision, or ordinance if authorized by its charter.
(b)
This section shall not apply to any county with a metropolitan form of government.
Acts 1981, ch. 477, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 53 - MUNICIPAL ELECTIONS (§§ 6-53-101 — 6-53-111) › Section 6-53-110 - Election districts

(a)
(1)
Notwithstanding any other law or charter to the contrary, no member of the legislative body of a municipality, a popularly elected school board, or any other similarly constituted and elected board or commission of a county or municipality shall be elected to such office through an election procedure requiring candidates to be nominated from a district and elected at-large, but such members shall be elected from districts as established by the appropriate county or municipality, which districts shall:
(A)
Assure representation of substantially equal populations and guarantee the principle of one man/one vote in compliance with the Constitution of the United States; and
(B)
Be reasonably compact and contiguous and not overlap.
(2)
Following the establishment of the districts, such districts shall be reapportioned at least as often as districts for the county legislative body of such county are reapportioned to ensure compliance with the limitations prescribed in this section.
(b)
[Deleted by 2023 amendment.]
(c)
[Deleted by 2023 amendment.]
Amended by 2023 Tenn. Acts, ch. 391, s 1, eff. 1/1/2024.
Acts 1983, ch. 404, §§ 1-3.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 53 - MUNICIPAL ELECTIONS (§§ 6-53-101 — 6-53-111) › Section 6-53-111 - Home rule municipalities - Status of school board following merger with county school system

(a)
When a home rule city having a city board of education changes its charter to repeal prospectively its charter provisions authorizing it to maintain a separate school system from the county in which it is located, no further election for the city's board of education shall be held within the period of three (3) years before the date of the merger of the city school system into the county school system. The members in office at the time of the charter vote shall remain in office until the repeal takes effect, unless the intervening period is more than three (3) years.
(b)
The powers conferred by this section are in addition and supplemental to the powers conferred by any other law, charter, or home rule provision.
Acts 1995, ch. 55, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 1 - GENERAL PROVISIONS (§§ 6-54-NEW — 6-54-148) › Section 6-54-NEW - [Newly enacted section not yet numbered]

(a)
Notwithstanding another law or private act to the contrary, and upon approval under subsection (c), a member of the governing body of a municipality shall not simultaneously serve as a member of the governing body of any county in which the municipality is located during the member's term of office.
(b)
Notwithstanding subsection (a), a member of the governing body of a municipality simultaneously serving on the governing body of a county on the effective date of this act may serve out the remainder of the member's terms of office.
(c)
This section applies to a municipality that is located, in whole or in part, in a county with a population of more than two hundred thousand (200,000), according to the 2020 or a subsequent federal census, and that approves this section by a two-thirds (2/3) vote of the entire governing body of the municipality.
(d)
As used in this section, "municipality" means an incorporated city or town.
Added by 2024 Tenn. Acts, ch. 763,s 2, eff. 4/22/2024.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 1 - GENERAL PROVISIONS (§§ 6-54-NEW — 6-54-148) › Section 6-54-101 - Division into wards

The governing board may divide any municipal corporation into as many wards as it may deem necessary.
Code 1858, § 1384 (deriv. Acts 1849-1850, ch. 17, § 11); Shan., § 1978; mod. Code 1932, § 3393; modified; T.C.A. (orig. ed.), § 6-601.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 1 - GENERAL PROVISIONS (§§ 6-54-NEW — 6-54-148) › Section 6-54-102 - Redistricting into new wards

Municipalities may redistrict into new wards whenever, for proper reasons, they deem it expedient so to do.
Acts 1875, ch. 92, § 15; Shan., § 1908; Code 1932, § 3319; T.C.A. (orig. ed.), § 6-602.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 1 - GENERAL PROVISIONS (§§ 6-54-NEW — 6-54-148) › Section 6-54-103 - Owning real estate outside limits

All municipal corporations may, for corporate purposes, hold real estate beyond their limits.
Code 1858, § 1363 (deriv. Acts 1857-1858, ch. 28, § 1); Acts 1875, ch. 92, § 17; Shan., § 1922; Code 1932, § 3334; T.C.A. (orig. ed.), § 6-603.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 1 - GENERAL PROVISIONS (§§ 6-54-NEW — 6-54-148) › Section 6-54-104 - Regulation of electrical work

All incorporated cities, towns, and villages, however formed, are empowered to regulate the business of electricians and electrical work in such cities, towns, or villages, and to enforce efficiency of same, and to that end to pass all ordinances necessary to carry out and enforce the powers delegated.
Acts 1925, ch. 83, § 1; Shan. Supp., § 1915a1; mod. Code 1932, § 3327; modified; T.C.A. (orig. ed.), § 6-611.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 1 - GENERAL PROVISIONS (§§ 6-54-NEW — 6-54-148) › Section 6-54-105 - Regulation of sale of commodities

All corporate towns may pass laws to require articles usually sold by dry or heaped measure, to be sold by weight, within their corporate limits.
Code 1858, § 1364 (deriv. Acts 1857-1858, ch. 55, § 10); Shan., § 1923; Code 1932, § 3335; T.C.A. (orig. ed.), § 6-612.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 1 - GENERAL PROVISIONS (§§ 6-54-NEW — 6-54-148) › Section 6-54-106 - Regulation of powder magazines

The governing body of any incorporated municipality may authorize the building of powder magazines at any safe and prudent distance from the limits of the corporation. When it gives such authority, it shall be by order upon its records, designating and appointing the places within its county where such magazines may be erected, in which it shall be lawful to deposit and keep gunpowder. The corporate authorities shall adopt such regulations in regard to the construction of such magazines as may, in their opinion, best secure the community from danger.
Code 1858, §§ 1395-1397 (deriv. Acts 1851-1852, ch. 169, §§ 1, 2); Shan., §§ 1992-1994; mod. Code 1932, §§ 3494-3496; T.C.A. (orig. ed.), § 6-613.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 1 - GENERAL PROVISIONS (§§ 6-54-NEW — 6-54-148) › Section 6-54-108 - Penalty for unlawful interest of officer

Every officer of such corporation who shall unlawfully be concerned in making such contract, or who shall unlawfully pay money upon the same to or for any person declared incapable in §
6-54-107
, shall forfeit the amount so paid; and such officer shall be jointly and severally liable to an action for the same, which action may be prosecuted by any citizen of the corporation in its name.
Code 1858, § 1399 (deriv. Acts 1857-1858, ch. 7, § 1); Shan., § 1996; mod. Code 1932, § 3498; T.C.A. (orig. ed.), § 6-627; Acts 1983, ch. 388, § 3.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 1 - GENERAL PROVISIONS (§§ 6-54-NEW — 6-54-148) › Section 6-54-109 - Municipal control of utilities

It is not lawful for:
(1)
Any corporation chartered or authorized to build or operate, or operating, a street railway, whether by steam, electricity, or otherwise;
(2)
Any corporation chartered or authorized to manufacture or furnish, or furnishing gas, electricity, or other substance for the lighting of the streets or public places of any town or city, or for the use or consumption by the inhabitants of such town or city; or
(3)
Any corporation chartered or authorized to supply, or supplying, any town or city or the inhabitants thereof with water;
to acquire the franchises or property of any similar corporation carrying on its operations with any city or town, or partly in such city or town and in the territory adjacent to same, by consolidation, purchase, lease or other mode, except only by and with the permission and consent, expressed officially in writing, of the municipal government of the city or town in which the corporation whose franchises or property is being acquired carries on its business, wholly or in part, and then only upon such terms and conditions as the municipal government may prescribe; provided, that such terms and conditions shall not violate any law.
Acts 1889, ch. 70, § 1; Shan., § 2047; Acts 1925, ch. 50, § 1; mod. Code 1932, § 4081; T.C.A. (orig. ed.), §§ 6-646, 48-610.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 1 - GENERAL PROVISIONS (§§ 6-54-NEW — 6-54-148) › Section 6-54-110 - Oil and natural gas - Powers and duties

(a)
Notwithstanding any other law, a municipality, its agencies or divisions thereof, may within or without the state engage in investigating, exploring, prospecting, drilling, and mining for and producing natural gas and oil and mineral by-products thereof, and construct the appropriate facilities to produce, save, take care of, maintain, treat and transport natural gas and oil and mineral by-products thereof, or to contract for same with any person, federal agency, municipality or public or private corporation.
(b)
No municipality, its agencies, or division thereof, is granted any additional power of eminent domain to carry out this section.
Acts 1974, ch. 627, § 1; T.C.A., § 6-661.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 1 - GENERAL PROVISIONS (§§ 6-54-NEW — 6-54-148) › Section 6-54-112 - Mayors and commissioners - Substitutes to serve on boards, etc

(a)
(1)
Any mayor or full-time commissioner of a municipality who serves on a municipal, county, regional board, commission, or authority or development district board, in an appointed, elected, or ex officio capacity, may from time to time designate a person qualified to hold the official's office, a professional staff member of the municipality with appropriate training, or a member of the municipality's governing body to sit in the municipal official's place on the board, commission, or authority.
(2)
Any such designee has the same immunities and powers, including the power to vote, as are otherwise conferred on the elected municipal official on the board, commission, or authority.
(3)
No such designee may cast more than one (1) vote.
(4)
At any meeting attended by the elected municipal official, only the elected municipal official, and not the designee, shall exercise voting power.
(b)
(1)
Subsection (a) shall not be applicable when there is a charter, private act, ordinance, or general law provision providing for a substitute for the local government official, nor shall subsection (a) apply to boards, commissions, or authorities whose members are appointed by the governor.
(2)
Subsection (a) shall not apply to the members of local boards of education.
Acts 1987, ch. 236, § 1; 1989, ch. 169, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 1 - GENERAL PROVISIONS (§§ 6-54-NEW — 6-54-148) › Section 6-54-114 - Municipal civil service board - Members - Qualifications - Appointment

(a)
Notwithstanding any municipal charter to the contrary, each member of a municipal civil service board shall be a domiciled resident of the municipality that the board serves for at least one (1) year prior to appointment. During a member's term of office, no such member shall engage in any type of business with the municipality or any employee of such municipality.
(b)
Notwithstanding any municipal charter or ordinance to the contrary, all members of any municipal civil service board in any county with a population greater than three hundred thousand (300,000), created by ordinance or charter, shall be appointed by the mayor of the municipality which the board serves. Such appointments shall be subject to confirmation by the municipal legislative body. At least one (1) member shall be a woman and one (1) member shall be a minority citizen.
(c)
This section shall not apply to municipalities with a mayor-aldermen form of government.
Acts 1989, ch. 463, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 1 - GENERAL PROVISIONS (§§ 6-54-NEW — 6-54-148) › Section 6-54-115 - Exemption of property from seizure

The public property of every municipality, of every character and description, used for strictly municipal purposes, is exempt from seizure by attachment, execution or other legal process; nor shall municipal funds in the hands of its treasurer or depository be subject to garnishment or other legal process, except as is elsewhere provided. There shall be no priority, by pledge of property or taxes, given to creditors.
Acts 1991, ch. 154, § 2.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 1 - GENERAL PROVISIONS (§§ 6-54-NEW — 6-54-148) › Section 6-54-116 - Joint building inspectors in certain municipalities

(a)
Two (2) or more municipalities, neither of which exceeds twenty-five thousand (25,000) in population, may engage jointly one (1) building inspector, and make an agreement specifying how this inspector shall be paid for the services and how the inspector's time or services shall be allocated to the respective municipalities. Municipalities shall have this authority regardless of any other law or charter provision to the contrary.
(b)
"Municipalities" means incorporated cities and towns.
Acts 1991, ch. 154, § 2.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 1 - GENERAL PROVISIONS (§§ 6-54-NEW — 6-54-148) › Section 6-54-117 - Construction of entertainment facilities

All municipal corporations have the power and are authorized to purchase land and install therein roads and streets and water, sewer, electric and other utilities for the purpose of aiding in the construction and development therein of performance halls, auditoriums, theaters, or other entertainment facilities, and to issue their bonds or notes to finance in whole or in part the costs of such land and improvements, in accordance with and subject to the requirements of title 9, chapter 21, and title 13, chapter 16, and to exercise all the powers set forth therein as it relates to such construction and development.
Acts 1993, ch. 478, § 3.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MUNICIPAL GOVERNMENT GENERALLY (§§ 6-51-101 — 6-59-107) › Chapter 54 - MUNICIPAL POWERS GENERALLY (§§ 6-54-NEW — 6-54-1018) › Part 1 - GENERAL PROVISIONS (§§ 6-54-NEW — 6-54-148) › Section 6-54-119 - Building safety and other standardized codes incorporated by reference - Citations

(a)
If the legislative body of any municipality or any agency or instrumentality thereof incorporates by reference a building code, safety and health code, or any other standardized code or document, a copy of such code or document shall be obtained and retained as a public record by the respective legislative body, agency or instrumentality.
(b)
If any person is cited by the municipal legislative body or any agency or instrumentality thereof as having violated a building code, safety and health code, or any other standardized code or document that has been incorporated by reference pursuant to subsection (a), a notation shall be included in such citation identifying with specificity where a copy of the respective code or document is located and the hours during which such person has the opportunity to read or inspect such code or document.
Acts 1993, ch. 478, § 2.