reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 31 - ELECTIONS UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-31-101 — 6-31-307) › Part 3 - RECALLS (§§ 6-31-301 — 6-31-307) › Section 6-31-306 - City council member - Removal

(a)
Any council member of the city elected or appointed to fill a vacancy under this charter may be removed from office by the voters.
(b)
The procedure to effect the removal of the incumbent shall be as follows:
(1)
A petition, by registered voters equal in number to at least sixty-six percent (66%) of the total vote cast for the office held by the incumbent at the last regular election, demanding the recall of the person sought to be removed shall be filed with the county election commission, and notice given by the commission of such filing by publication at least once in the official city newspaper, which petition shall contain a general statement of the grounds upon which the removal is sought. The signatures to the petition need not all be appended to one (1) paper, but each signer shall sign such signer's name, and shall place thereon, after such signer's name, the date of signing and such signer's place of residence by street and number, or by other customary designation;
(2)
To each petition paper there shall be attached a sworn affidavit by the circulator thereof stating the number of signers thereto, that each signature thereon is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant;
(3)
Such petition shall be filed with the county election commission, which shall, within fifteen (15) days, canvass the signatures thereon to determine the sufficiency thereof;
(4)
A separate petition shall be filed for each person sought to be removed; and
(5)
The county election commission shall attach to such petition its certificate showing the result of the examination.
(c)
If the county election commission's certificate shows that the petition is sufficient, the commission shall call an election on the question of recall.
Acts 1959, ch. 140, § 1; 1972, ch. 740, § 4(57); T.C.A., § 6-3120.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 31 - ELECTIONS UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-31-101 — 6-31-307) › Part 3 - RECALLS (§§ 6-31-301 — 6-31-307) › Section 6-31-307 - City council member - Recall election

At such election, voters shall vote either "for recall" or "against recall." If sixty-six percent (66%) of those voters vote "for recall," the person named shall be declared removed from office and the office declared vacant. Such vacancy shall be filled as directed in §
6-31-201
. The method of removal shall be cumulative and additional to the methods heretofore existing by law. No more than one (1) election for the purpose of recall shall be held in any six-month period and no such election shall be held within a period beginning ninety (90) days before and ending ninety (90) days after a regular municipal election.
Acts 1959, ch. 140, § 1; 1972, ch. 740, § 4(58); T.C.A., § 6-3121.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 32 - COUNCIL AND MAYOR UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-32-101 — 6-32-208) › Part 1 - COUNCIL AND MAYOR GENERALLY (§§ 6-32-101 — 6-32-110) › Section 6-32-101 - Regular meetings

The council shall hold regular meetings at least twice monthly. These meetings shall be held on the second and fourth Tuesdays of each month unless otherwise provided by ordinance; provided, that if a regular meeting date falls on a legal holiday, the meeting shall be held the following day. The council shall provide by resolution for the time of day and place of its meetings. However at the option of the council, an ordinance may be adopted by a two-thirds (2/3) vote of its entire membership to hold regular council meetings once monthly.
Acts 1957, ch. 238, § 4.01; T.C.A., § 6-3201; Acts 1993, ch. 353, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 32 - COUNCIL AND MAYOR UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-32-101 — 6-32-208) › Part 1 - COUNCIL AND MAYOR GENERALLY (§§ 6-32-101 — 6-32-110) › Section 6-32-102 - Special meetings

Special meetings shall be called by the clerk on the written request of the mayor, the manager, or any two (2) council members by providing each council member with twenty-four (24) hours written notice served personally or left at each of such council member's usual place of residence. Any special meeting at which all members of the council are present or have waived notice thereof in writing shall be a legal meeting for all purposes. Business transacted at any special meeting shall be limited to subjects recited in the notice of such meeting.
Acts 1957, ch. 238, § 4.02; T.C.A., § 6-3202.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 32 - COUNCIL AND MAYOR UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-32-101 — 6-32-208) › Part 1 - COUNCIL AND MAYOR GENERALLY (§§ 6-32-101 — 6-32-110) › Section 6-32-103 - Meetings to be public

All council meetings shall be open to the public and citizens shall have a reasonable opportunity to be heard. The council shall exercise its powers only at public meetings.
Acts 1957, ch. 238, § 4.03; T.C.A., § 6-3203.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 32 - COUNCIL AND MAYOR UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-32-101 — 6-32-208) › Part 1 - COUNCIL AND MAYOR GENERALLY (§§ 6-32-101 — 6-32-110) › Section 6-32-104 - Quorum

At least one half (1/2) of the members of the council shall be a quorum for the transaction of business at all council meetings, but, in the absence of a quorum, three (3) members may adjourn the meeting to a later date or may compel the attendance of absent members.
Acts 1957, ch. 238, § 4.04; T.C.A., § 6-3204.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 32 - COUNCIL AND MAYOR UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-32-101 — 6-32-208) › Part 1 - COUNCIL AND MAYOR GENERALLY (§§ 6-32-101 — 6-32-110) › Section 6-32-105 - Attendance and conduct at meetings

The council may enforce orderly conduct and compel the attendance of its members and other city officers at its meetings. Any member of the council or other officer of the city who refuses to attend meetings when served with notice or acts in a disorderly manner at such meetings commits misconduct in office. Upon council request, the manager shall designate a police official or officer to serve as the sergeant-at-arms of the council.
Acts 1957, ch. 238, § 4.05; T.C.A., § 6-3205.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 32 - COUNCIL AND MAYOR UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-32-101 — 6-32-208) › Part 1 - COUNCIL AND MAYOR GENERALLY (§§ 6-32-101 — 6-32-110) › Section 6-32-106 - Mayor

(a)
The council, at its first regular meeting following a regular city election, shall elect one (1) of its members mayor for a term of two (2) years. Whenever a vacancy occurs in the office of the mayor, the council shall elect one (1) of its members to serve until its first regular meeting following the next regular city election.
(b)
The mayor shall:
(1)
Preside at meetings of the council;
(2)
Have a vote on all matters but no veto power;
(3)
Be the ceremonial head of the city;
(4)
Sign ordinances and resolutions on their final passage;
(5)
Sign deeds, bonds and contracts when authorized by the council to do so;
(6)
Be the officer to accept process against the city;
(7)
Not have any regular administrative duties; and
(8)
Perform only such duties as shall be specifically conferred or required by law.
Acts 1957, ch. 238, § 4.06; T.C.A., § 6-3206.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 32 - COUNCIL AND MAYOR UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-32-101 — 6-32-208) › Part 1 - COUNCIL AND MAYOR GENERALLY (§§ 6-32-101 — 6-32-110) › Section 6-32-107 - Mayor pro tem

The council shall choose one (1) of its members mayor pro tem who shall act in the temporary absence or disability of the mayor.
Acts 1957, ch. 238, § 4.07; T.C.A., § 6-3207.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 32 - COUNCIL AND MAYOR UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-32-101 — 6-32-208) › Part 1 - COUNCIL AND MAYOR GENERALLY (§§ 6-32-101 — 6-32-110) › Section 6-32-108 - Council rules - Transaction of business

The council shall determine its own rules and order of business subject to the following provisions:
(1)
The affirmative vote of at least one half (1/2) of the members of the council shall be required to make any authorized appointment or remove such appointees;
(2)
All other actions, except those listed in §§
6-32-102
and
6-32-104
, may be passed by the affirmative vote of a majority of those present when there is a quorum;
(3)
There shall be a journal of the proceedings of all council meetings, signed by the mayor and clerk and to which the public shall have access at all reasonable times;
(4)
A summary of council proceedings shall be published in the official city newspaper within fifteen (15) days after a meeting, showing the substance of each council action;
(5)
A vote upon all proposed ordinances and resolutions shall be taken by "yea" and "nay" vote and the vote of each council member entered upon the journal, except that where the vote is unanimous it shall be necessary only to so state;
(6)
The journal shall also report the names of the council members present and absent, each motion considered, and the title of each ordinance or resolution considered; and
(7)
There shall be no standing committee of the council.
Acts 1957, ch. 238, § 4.08; T.C.A. § 6-3208.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 32 - COUNCIL AND MAYOR UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-32-101 — 6-32-208) › Part 1 - COUNCIL AND MAYOR GENERALLY (§§ 6-32-101 — 6-32-110) › Section 6-32-109 - Powers of council

The council may by resolution subpoena and examine witnesses, order the production of books and papers, and shall have the same powers as a circuit court to punish for refusal to obey such an order or subpoena or for disorderly or contemptuous behavior in the presence of the council. Its presiding officer may administer oaths to witnesses.
Acts 1957, ch. 238, § 4.09; T.C.A., § 6-3209.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 32 - COUNCIL AND MAYOR UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-32-101 — 6-32-208) › Part 1 - COUNCIL AND MAYOR GENERALLY (§§ 6-32-101 — 6-32-110) › Section 6-32-110 - Compensation of council and mayor

(a)
Each member of the council shall be compensated at the rate of five dollars ($5.00) per meeting attended but not to exceed one hundred twenty dollars ($120) per year. At the option of the council, an ordinance may be adopted by a two-thirds (2/3) vote of its entire membership to fix the compensation of members of the council at an amount not exceeding one hundred fifty dollars ($150) per month, and the council person serving as mayor not exceeding two hundred dollars ($200) per month, to take effect at the end of the term of the council person whose term last expires.
(b)
Notwithstanding the limits established in subsection (a), the council may, upon the adoption of an ordinance by a two-thirds (2/3) vote of the entire membership of the council, fix the salaries of the mayor and the members of the council annually at the time the operating budget is adopted; provided, however, an increase or decrease in salary must not take effect prior to the end of the term for which the members of the council were elected.
(c)
The mayor shall receive the sum of ten dollars ($10.00) per month, in addition to the mayor's compensation as council member.
(d)
All members of the council may be reimbursed for actual and necessary expenses incurred in the conduct of their official duties; provided, that such expenses are approved by the council at one of its regular meetings.
Amended by 2022 Tenn. Acts, ch. 890, s 1, eff. 4/14/2022.
Acts 1957, ch. 238, § 4.10; T.C.A., § 6-3210; Acts 1993, ch. 353, § 5.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 32 - COUNCIL AND MAYOR UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-32-101 — 6-32-208) › Part 2 - ORDINANCES AND REGULATIONS (§§ 6-32-201 — 6-32-208) › Section 6-32-201 - Form of ordinances

Any action of the council having a regulatory or penal effect, relating to revenue or the expenditure of money, or required to be done by ordinance under this charter, shall be done only by ordinance. Each ordinance shall relate to a single subject, which shall be expressed in a title, and upon passage shall be further identified by a number and, if desirable, a short title. The enacting clause of all ordinances shall be: "Be it ordained by the Mayor and Council members of the City of (here insert name)." Other actions may be accomplished by resolutions or motions. Each motion, resolution and ordinance shall be in written form before being introduced.
Acts 1957, ch. 238, § 5.01; T.C.A., § 6-3211.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 32 - COUNCIL AND MAYOR UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-32-101 — 6-32-208) › Part 2 - ORDINANCES AND REGULATIONS (§§ 6-32-201 — 6-32-208) › Section 6-32-202 - Passage, amendment and repeal of ordinances

(a)
Each ordinance, before being adopted, shall be read at two (2) meetings not less than one (1) week apart, and shall take effect ten (10) days after its adoption; provided, that, where an emergency exists and the public safety and welfare requires it, an ordinance containing a full statement of the facts and reasons for the emergency may be made effective upon its adoption if approved by a majority of the members of the council on two (2) readings on successive days. As used in this subsection (a), "read" means the reading of the caption of the ordinance.
(b)
At least the title and a brief summary of each ordinance, except an emergency ordinance, shall be published in the official city newspaper at least one (1) week before final passage, either separately or as part of the published proceedings of the council.
(c)
Amendments of ordinances and resolutions or parts thereof shall be accomplished only by setting forth the complete section, sections, subsection, or subsections in their amended form.
(d)
An ordinance may be repealed by reference to its number and title only and publication of the ordinance may be similarly limited.
Acts 1957, ch. 238, § 5.02; T.C.A., § 6-3212; Acts 1993, ch. 353, § 2.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 32 - COUNCIL AND MAYOR UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-32-101 — 6-32-208) › Part 2 - ORDINANCES AND REGULATIONS (§§ 6-32-201 — 6-32-208) › Section 6-32-203 - Ordinances granting permits to use, franchise, and special privileges

Every proposed ordinance granting any permit or right to occupy or use the streets, highways, bridges, or public places in the city for any purpose or granting any franchise, exclusive contract or other special privilege shall remain on file with the clerk for public inspection for at least two (2) weeks before its final adoption in the complete form in which it is finally passed.
Acts 1957, ch. 238, § 5.03; T.C.A., § 6-3213.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 32 - COUNCIL AND MAYOR UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-32-101 — 6-32-208) › Part 2 - ORDINANCES AND REGULATIONS (§§ 6-32-201 — 6-32-208) › Section 6-32-204 - Preservation and publication of ordinances

(a)
All ordinances and their amendments shall be recorded by the clerk in a book to be known as the "ordinance book," and it shall be the duty of the mayor and clerk to authenticate such records by their official signatures. A separate record shall be maintained for resolutions. The original copies of all ordinances, resolutions, and motions shall be filed and preserved by the city clerk.
(b)
At least an abstract of the essential provisions of each ordinance shall be published once in the official city newspaper within ten (10) days after its adoption, except that only the title shall be so published of any technical code adopted by reference.
Acts 1957, ch. 238, § 5.04; T.C.A., § 6-3214.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 32 - COUNCIL AND MAYOR UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-32-101 — 6-32-208) › Part 2 - ORDINANCES AND REGULATIONS (§§ 6-32-201 — 6-32-208) › Section 6-32-205 - Codification of ordinances

The council shall, within one (1) year after the adoption of this charter, and every ten (10) years thereafter, arrange for the codification of all ordinances and resolutions having a regulatory effect or of general application that are to be continued in force. Current loose-leaf editions of the official code shall be maintained and be made available for purchase by the public at a reasonable fee established by the council. The code shall carry notes and cumulative references indicating prior amendments to any section thereof. Copies of the official code may be certified by the city clerk, and when so certified shall be competent evidence in all courts and legally established tribunals as to the matters contained therein.
Acts 1957, ch. 238, § 5.05; T.C.A., § 6-3215.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 32 - COUNCIL AND MAYOR UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-32-101 — 6-32-208) › Part 2 - ORDINANCES AND REGULATIONS (§§ 6-32-201 — 6-32-208) › Section 6-32-206 - Rules and regulations

The council may by ordinance authorize the city manager to formulate and promulgate formal rules and regulations having regulatory effect or of general application on various matters, subject to such restrictions and standards of guidance as the council may prescribe. No such formal rule or regulation shall take effect until it is filed with the city clerk, who shall file and preserve the original copy in such clerk's office. Such rules and regulations shall be included as a separate section of the city code. Amendments of such rules and regulations shall be accomplished only by setting forth complete sections or subsections in their amended form.
Acts 1957, ch. 238, § 5.11; T.C.A., § 6-3216.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 32 - COUNCIL AND MAYOR UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-32-101 — 6-32-208) › Part 2 - ORDINANCES AND REGULATIONS (§§ 6-32-201 — 6-32-208) › Section 6-32-207 - Rules of ordinance construction - Severability

In the construction of the ordinances of the city, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the council. If any portion of an ordinance or the application thereof to any person or circumstances is found to be invalid by a court, such invalidity shall not affect the remaining portions or applications of the ordinance that can be given effect without the invalid portion or application, provided such remaining portions are not determined by the court to be inoperable, and to this end ordinances are declared to be severable.
Acts 1957, ch. 238, § 5.12; T.C.A., § 6-3217.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 32 - COUNCIL AND MAYOR UNDER MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-32-101 — 6-32-208) › Part 2 - ORDINANCES AND REGULATIONS (§§ 6-32-201 — 6-32-208) › Section 6-32-208 - Repeal of blue laws by referendum

(a)
Any municipality having an ordinance prohibiting retail sales or deliveries of merchandise on Sunday may repeal the same by a referendum election for the ratification or rejection of the ordinance. The mayor and council by resolution may request the county election commission to hold a special or regular referendum election for the ratification or rejection of the Sunday ordinance; provided, that the county election commission receives the necessary resolution requesting the election at least thirty (30) days before the date on which the election is scheduled to be held.
(b)
At any such election, the only question submitted to the voters shall be in the following form:
"For ordinance prohibiting sale or delivery of retail merchandise on Sunday.
Against ordinance prohibiting sale or delivery of retail merchandise on Sunday."
(c)
The election commission shall certify the result to the mayor and council of the municipality. If a majority of those voting in the referendum favor repeal, the ordinance thereby shall be repealed. If a majority of those voting in the referendum oppose repeal, the ordinance shall continue in effect until legally amended or repealed.
(d)
A referendum on this subject shall not be held more than once every twelve (12) months from the date of election.
Acts 1984, ch. 592, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 33 - POWERS AND OFFICES UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-33-101 — 6-33-113) › Section 6-33-101 - Powers

(a)
Every territory incorporating under chapters 30-36 of this title has all the powers and authority enumerated in §§
6-2-201
,
6-19-101
and
6-19-102
.
(b)
In addition to the powers granted in subsection (a), any city incorporated under chapters 30-36 of this title has the power to:
(1)
Purchase, acquire, construct, own, operate, maintain, extend, improve, repair, equip and dispose of community antenna television systems or microwave multi-point distribution systems, or both, for the benefit of the citizens of the city. The city may operate any such system as a department or part of a department of the city or place its operation in a separate board or in an existing electric or utility board, as provided by ordinance; and
(2)
Borrow money to purchase, acquire, construct, extend, improve, repair or equip any such system and issue its bonds or notes therefor, including refunding bonds, in such form and upon such terms as it may determine. Any such bonds or notes shall be issued pursuant to the procedures set forth in and shall be governed by title 9, chapter 21, including provisions dealing with covenants permitted in bond resolutions, security and remedies of bondholders, and the system described in this subdivision (b)(2) shall be deemed to be a "public works project," as defined in title 9, chapter 21.
Acts 1957, ch. 238, § 2.01; T.C.A., § 6-3301; Acts 1989, ch. 193, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 33 - POWERS AND OFFICES UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-33-101 — 6-33-113) › Section 6-33-102 - City judge - Employees of city court - Compensation - Vacancies - Special judge

(a)
The city judge shall be a person licensed to practice law in the state of Tennessee and shall be elected by popular vote at the same time as provided for election of the governing body of such corporation, and in the same manner as provided for election to the board of education.
(b)
Such judge shall be elected for a term of four (4) years.
(c)
The city council shall by ordinance provide for the compensation of the city judge and other employees of the court, except that the judge shall be authorized to appoint, promote, suspend, remove or to take any other established personnel action with respect to the court clerk and other court employees consistent with this charter. The compensation fixed for the judge and court employees shall in no way be related to the amount of moneys collected by the court, and the compensation so fixed shall be in lieu of all fees, fines, penalties, forfeitures, or other moneys collected by the court.
(d)
A vacancy shall exist if the city judge resigns, dies, or has been continuously disabled for a period of three (3) months so as to prevent the city judge from discharging the duties of office; and such vacancy shall be filled by a majority vote of the city council, the appointee to serve until the next regular city or county election, whichever is first held, at which election a duly qualified person shall be elected to fill the unexpired term of the office.
(e)
Whenever the city judge finds it necessary to be absent from holding court, the city judge may designate in writing, to be filed with the clerk of the city court, a name of a special judge to hold court in the city judge's place and stead. The special judge shall be a person who has the qualifications of city judge and the special judge shall take the same oath and have the same authority as the regular city judge to hold court for the occasion.
Acts 1957, ch. 238, § 6.01; 1959, ch. 318, § 1; 1965, ch. 331, § 1; 1973, ch. 57, § 1; T.C.A., § 6-3302.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 33 - POWERS AND OFFICES UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-33-101 — 6-33-113) › Section 6-33-103 - Operations and jurisdiction of city courts

A city court is created to be administered and presided over by a city judge. The judge of the city court shall have jurisdiction in and over all cases for the violation of and all cases arising under the laws and ordinances of the city. The city judge, in all cases heard or determined by such city judge for offenses against the corporate laws and ordinances, shall set and collect municipal court costs in accordance with §
16-18-304
, and shall levy and collect the litigation tax in accordance with §
16-18-305
. In all cases where the offender is committed to the jail or workhouse for failure to pay fines, costs or forfeitures, the offender shall be credited with two dollars ($2.00) for each day's imprisonment. The city judge shall be vested with the jurisdiction formerly exercised by justices of the peace in all cases of violation of the criminal laws of the state within the limits of the city. Warrants, subpoenas, orders and other processes of the court shall be executed by the police officers of the city who for such purposes shall have the same powers and authority of a sheriff in executing process of a circuit court. The council may authorize any officer or employee of the court to accept pleas of guilty and to fix fines in cases of minor traffic violations, as defined by the city council, and to issue warrants and accept bail bonds. All fines, penalties, forfeitures, and money collected by the court, or the officers and employees thereof, shall be promptly turned over to the city treasury. The council shall require an audit of the accounts of the court at least annually. The records of the court shall be prescribed by ordinance.
Acts 1957, ch. 238, § 6.02; 1978, ch. 909, §§ 1, 2; impl. am. Acts 1979, ch. 68, § 3; modified; T.C.A., § 6-3303; Acts 2004, ch. 914, § 6c; 2009, ch. 146, § 1.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 33 - POWERS AND OFFICES UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-33-101 — 6-33-113) › Section 6-33-104 - Removal of city judge

The city judge shall be subject to removal from office for the same causes and in the same manner as provided for the removal of public officers by title 8, chapter 47. In case of the absence or inability of the judge to serve, the city council may appoint and fix the compensation of an acting city judge who may be removed at any time without cause. Except as provided in this chapter, officers and employees of the court are also subject to §
6-35-403
.
Acts 1957, ch. 238, § 6.03; 1959, ch. 318, § 2; T.C.A., § 6-3304.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 33 - POWERS AND OFFICES UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-33-101 — 6-33-113) › Section 6-33-105 - Advisory boards

The council shall by ordinance create a personnel advisory board and may create such other boards advisory to the council and manager with respect to specific municipal functions as it may deem necessary, prescribing in each case the number, manner of appointment, length of term, and advisory duties of members of such boards who shall serve without compensation but may be reimbursed for necessary expenses incurred in official duties.
Acts 1957, ch. 238, § 6.13; T.C.A., § 6-3305.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 33 - POWERS AND OFFICES UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-33-101 — 6-33-113) › Section 6-33-106 - Planning commission

The council shall establish a planning commission, and may by ordinance within the framework of this charter, exercise authority in the fields of planning, zoning, subdivision control and related activities as provided by general laws of the state. The rules and regulations of the planning commission shall have no force or effect unless approved by the council. No later than ninety (90) days prior to each fiscal year, the planning commission shall submit to the city manager a long-term capital improvement program with recommendations as to the priority of individual projects and the methods of financing them. The members of the planning commission shall serve without compensation, but may be reimbursed for necessary expenses incurred in official duties.
Acts 1957, ch. 238, § 6.14; T.C.A., § 6-3306.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 33 - POWERS AND OFFICES UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-33-101 — 6-33-113) › Section 6-33-107 - Intergovernmental and interlocal agreements and contracts

(a)
In addition to other powers granted in this charter, the city council has the power to contract and cooperate with any other municipality or other political subdivision of the state, or with an elective or appointive official thereof, or with any duly authorized agency of the federal or state government for:
(1)
The planning, development, construction, acquisition, or operation of any public improvement, utility, or facility;
(2)
A common public service;
(3)
Having the same individuals serve as officers or employees in more than one (1) political subdivision or federal or state agency, or any of these subdivisions or agencies, on a part-time basis in each;
(4)
The construction or operation of federally-owned utilities and other property on behalf of the federal government;
(5)
The acquisition by gift or by transfer or by purchase of federal property and if by purchase for the financing of its acquisition;
(6)
Entering into contracts relating to acceptance of payments in lieu of taxes or state, federal, or other contributions; and
(7)
The furnishing of services to the federal government and its designees, outside the city limits as well as within.
(b)
The subject and purpose of any such contract or cooperative action made and entered into by the council shall be within the scope of the powers of the city.
Acts 1957, ch. 238, § 6.15; T.C.A., § 6-3307.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 33 - POWERS AND OFFICES UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-33-101 — 6-33-113) › Section 6-33-108 - Powers under cooperative agreements

(a)
The city council may exercise the powers conferred in §
6-33-107
by ordinance setting out the terms agreed upon by the parties to such a contract or cooperative action. The parties to such a contract or cooperative action, or any of them, may acquire, by gift or purchase, or by the power of eminent domain exercised by one (1) or more of the parties, the lands, buildings, and other property necessary or useful for the purposes of the contract or cooperative action, either within or without the corporate limits of one (1) or more of the contracting parties, and shall have the power to hold or acquire such lands as tenants in common. The city may provide for the financing of its share or portion of the cost or expenses of such a contract or cooperative action in the same manner and by the same procedure for the financing by the city of the subject and purposes of the contract or cooperative action as if acting alone and on its own behalf.
(b)
Such contract also may provide for the establishment and selection of a joint commission, officer, or officers to supervise, manage, and have charge of such joint service or project, and may provide for the powers and duties, terms of office, compensation, if any, and other provisions relating to the members of such joint commission, officer, or officers. Such contract may include and specify terms and provisions relative to the termination or cancellation of the contract or cooperative action by ordinance or resolution, and the notice, if any, to be given of such termination or cancellation; provided, that such termination or cancellation shall not relieve any party participating in such contract or cooperative action from any obligation or liability for its share of the cost or expense incurred prior to the effective date of any such termination or cancellation.
Acts 1957, ch. 238, § 6.16; T.C.A., § 6-3308.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 33 - POWERS AND OFFICES UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-33-101 — 6-33-113) › Section 6-33-109 - Liability of officers under cooperative agreements

All public officers acting under the authority of a contract or cooperative action under §
6-33-107
or §
6-33-108
are deemed to be subject to the same liabilities to which they would have been subjected for actions occurring entirely within their own territorial limits.
Acts 1957, ch. 238, § 6.17; T.C.A., § 6-3309.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 33 - POWERS AND OFFICES UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-33-101 — 6-33-113) › Section 6-33-110 - Deposits and disbursements of funds under cooperative agreements

All money received pursuant to any such contract or cooperative action, under §
6-33-107
or §
6-33-108
, unless otherwise provided by law, shall be deposited in the appropriate fund or funds and disbursed in accordance with such contract or cooperative action.
Acts 1957, ch. 238, § 6.18; T.C.A., § 6-3310.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 33 - POWERS AND OFFICES UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-33-101 — 6-33-113) › Section 6-33-111 - Franchises

(a)
No franchise or grant for the operation of a water, electric, telephone, steam, or public transportation or other utility that is not revocable at the will of the council shall be granted or become operative, except by ordinance. Such ordinance shall become effective thirty (30) days after its adoption by the council unless twenty percent (20%) of the qualified electors of the city sign a petition and present it to the council during such thirty-day period requesting that the ordinance be referred to the electors, in which case it must receive the approval of a majority of the electors voting thereon at a municipal election, and all renewals, extensions and amendments thereof shall be granted only in the same manner.
(b)
All public utility franchises granted under this charter shall be subject to the following rights of the city; provided, that this enumeration is not to be construed as being exclusive or as impairing council authority to impose any condition that may be in the municipal interest and within the power of the city to impose or require:
(1)
To revoke for misuse, or nonuse, or for failure to comply with the provisions thereof;
(2)
To require proper and adequate provision, extension, and maintenance of plant and service at the highest practicable standard of performance;
(3)
To establish reasonable standards of service and prevent unjust discrimination in service or rates;
(4)
To require uninterrupted service to the public in accordance with the terms of the franchise throughout the entire period thereof; and
(5)
To impose such other regulations as may be determined by the council to be necessary to the health, safety, welfare, and accommodation of the public.
(c)
The council may institute such actions or proceedings as may be necessary to enforce a franchise and may revoke, cancel, or annul all franchises that have become inoperative, illegal, or void and not binding upon the city. Subject to state law, all public utility franchises shall prescribe the manner of fixing rates, fares, and charges, and the readjustments thereof at reasonable intervals at the discretion of the city. The value of the property of the utility used as a basis for fixing such rates, fares, and charges shall in no event include a value predicated upon the franchise, good will, or prospective profits.
(d)
This section shall not be construed to repeal, abridge, modify or supersede any statute or law of the state pertaining to the Tennessee public utility commission or the regulation of public utilities which are subject to its jurisdiction, and subdivisions (b)(2), (3), and (4) shall not apply to any public utility over which the commission exercises regulatory authority.
Amended by 2017 Tenn. Acts, ch. 94,Secs.s7, s78 eff. 4/4/2017.
Acts 1957, ch. 238, § 6.35; T.C.A., § 6-3311; Acts 1995, ch. 305, § 72.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 33 - POWERS AND OFFICES UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-33-101 — 6-33-113) › Section 6-33-112 - Official city newspaper

The council by resolution shall designate a newspaper of general circulation in the city as the official city newspaper.
Acts 1957, ch. 238, § 9.03; T.C.A., § 6-3312.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 33 - POWERS AND OFFICES UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-33-101 — 6-33-113) › Section 6-33-113 - City attorney

(a)
The council shall appoint a city attorney, together with such assistant city attorneys as the council shall determine are required.
(b)
The city attorney shall:
(1)
Be responsible for representing and defending the city in all litigation in which the city is a party;
(2)
Be the prosecuting officer in the city court;
(3)
Attend all meetings of the council;
(4)
Advise the council, city manager and other officers and employees of the city concerning legal aspects of the city's affairs;
(5)
Approve as to form and legality all contracts, deeds, bonds, ordinances, resolutions, motions, and other official documents; and
(6)
Perform such other duties as may be prescribed by the council or city manager.
Acts 1961, ch. 255, § 2; T.C.A., § 6-3313.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 34 - TAXATION AND ISSUANCE OF OBLIGATIONS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-34-101 — 6-34-301) › Part 1 - EQUALIZATION BOARD (§§ 6-34-101 — 6-34-104) › Section 6-34-101 - Establishment

The council shall establish an equalization board, and shall appoint each year three (3) persons who are property owners and qualified voters of the city for a one-year term.
Acts 1957, ch. 238, § 6.05; T.C.A., § 6-3402.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 34 - TAXATION AND ISSUANCE OF OBLIGATIONS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-34-101 — 6-34-301) › Part 1 - EQUALIZATION BOARD (§§ 6-34-101 — 6-34-104) › Section 6-34-102 - Powers and compensation

(a)
The equalization board may increase assessments made, and may add assessments omitted by the city assessing officer, but it may decrease individual assessments or strike erroneous assessments from the assessment roll only on appeals from interested parties. It may increase or decrease the assessment of all property or of any class of property by a uniform percentage, in which case the requirement of notice and hearing shall not apply, but a notice of such blanket increase or decrease shall be inserted once in the official city newspaper.
(b)
The members of the board may receive such compensation on a per diem basis for each day of duty as provided by ordinance.
Acts 1957, ch. 238, § 6.06; T.C.A., § 6-3403.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 34 - TAXATION AND ISSUANCE OF OBLIGATIONS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-34-101 — 6-34-301) › Part 1 - EQUALIZATION BOARD (§§ 6-34-101 — 6-34-104) › Section 6-34-103 - Sessions

The equalization board shall begin and end its work at times to be prescribed by ordinance, which times shall be so established that the assessment roll may be completed and tax bills may be prepared before the tax due date.
Acts 1957, ch. 238, § 6.07; T.C.A., § 6-3404.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 34 - TAXATION AND ISSUANCE OF OBLIGATIONS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-34-101 — 6-34-301) › Part 1 - EQUALIZATION BOARD (§§ 6-34-101 — 6-34-104) › Section 6-34-104 - Reports to council

The equalization board, upon completion of its work, shall submit a written report to the council, including total increases and decreases made by it and the final total assessment of each class of property.
Acts 1957, ch. 238, § 6.08; T.C.A., § 6-3405.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 34 - TAXATION AND ISSUANCE OF OBLIGATIONS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-34-101 — 6-34-301) › Part 2 - ASSESSMENT AND LEVY (§§ 6-34-201 — 6-34-205) › Section 6-34-201 - Assessments generally

The council may, by ordinance, provide for the assessment, by city assessing personnel, of property lying within the corporate limits, or may enter into any necessary agreements with the appropriate county officials for joint assessments by the city and county, or may elect to use county assessments. There shall be added to any county assessment any property omitted from such assessments.
Acts 1957, ch. 238, § 6.04; T.C.A., § 6-3401.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 34 - TAXATION AND ISSUANCE OF OBLIGATIONS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-34-101 — 6-34-301) › Part 2 - ASSESSMENT AND LEVY (§§ 6-34-201 — 6-34-205) › Section 6-34-202 - Notice and hearing on assessments - Appeal

(a)
Every owner of property liable for taxes based on increased or new assessment shall be sent the notice thereof by ordinary mail or by personal service. If the owner of such property is unknown, or is a nonresident of the state with no known agent in the state, a notice stating the time and place when the taxpayer may be heard shall be posted on the property at least ten (10) days in advance of the date set for the hearing.
(b)
A notice of the board's decision shall be mailed to the taxpayer within five (5) days after the hearing.
(c)
Thereafter appeals may be taken as provided by general law.
(d)
If the taxpayer fails to appear at such hearing, or does not file an appeal within the time allowed by general law, the assessment shall stand.
Acts 1957, ch. 238, § 6.09; T.C.A., § 6-3406.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 34 - TAXATION AND ISSUANCE OF OBLIGATIONS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-34-101 — 6-34-301) › Part 2 - ASSESSMENT AND LEVY (§§ 6-34-201 — 6-34-205) › Section 6-34-203 - Levy, due date, and delinquencies

Unless otherwise provided by ordinance, the schedule for levy, due date and delinquencies shall be the same as provided by general law for counties; provided, that the tax levy shall be set by council not later than sixty (60) days preceding the new fiscal year, except as provided in §
6-34-204
.
Acts 1957, ch. 238, § 6.10; T.C.A., § 6-3407.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 34 - TAXATION AND ISSUANCE OF OBLIGATIONS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-34-101 — 6-34-301) › Part 2 - ASSESSMENT AND LEVY (§§ 6-34-201 — 6-34-205) › Section 6-34-204 - Levy for school budget

In the event a tax levy for the fiscal year is found to be insufficient to meet the requirements of a school budget increased by reason of a referendum provided for in §
6-36-114
, the council shall have authority to amend the tax levy ordinance so as to raise the levy contained therein in an amount sufficient to cover the deficiency.
Acts 1957, ch. 238, § 6.11; T.C.A., § 6-3408.
2023 Tennessee Code › Title 6 - CITIES AND TOWNS (§§ 6-1-101 — 6-59-107) › MODIFIED CITY MANAGER-COUNCIL CHARTER (§§ 6-30-101 — 6-36-118) › Chapter 34 - TAXATION AND ISSUANCE OF OBLIGATIONS UNDER MODIFIED MANAGER-COUNCIL CHARTER (§§ 6-34-101 — 6-34-301) › Part 2 - ASSESSMENT AND LEVY (§§ 6-34-201 — 6-34-205) › Section 6-34-205 - Previous year's levy to continue if no levy made

If no levy is made at the time fixed for the levy, the previous year's levy shall continue in effect.
Acts 1957, ch. 238, § 6.12; T.C.A., § 6-3409.