<BillNo> <Sponsor>
HOUSE BILL 1437
By Sexton
HB1437
004550
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AN ACT to amend Chapter 519 of the Private Acts of 1953; as
amended and rewritten by Chapter 55 of the Private Acts
of 2014; and any other acts amendatory thereto, relative
to the Charter for the City of Crossville.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
Article II, Section 1 by deleting the last paragraph and substituting:
The boundaries of the City of Crossville have been expanded by Ords. No. 396,
397, 453, 458, 463, 464, 465, 466, 469, 472, 480, 481, 490, 495, 496, 497, 524, 536,
546, 547, 558, 559, 560, 563, 564, 567, 568, 577, 579, 580, 588, 589, 597, 598, 599,
600, 601, 602, 603, 605, 609, 617, 618, 621, 622, 624, 625, 636, 637, 668, 704, 707,
770, 771, 772, 773, 797, 817, 826, 837, 842, 857, 870, 905, 906, 907, 926, 978, 1000,
1001, 1003, 1009, 1010, 1028, 1029, 1041, 1046, 1052, 1053, 1057, 1058, 1059, 1060,
1071, 1072, 1078, 1079, 1085, 1086, 1091, 1092, 1098, 1104, 1108, 1111, 1116, 1117,
1137, 1139, 1140, 1149, 1150, 1164, 1172, 1191, 1197, 1244, 1248, 1249, 1250, 1251,
1290, 1294, 1295, 1319, 1323, 1334, 1339, 1343, 1345, 1360, 1361, 1362, 1365, 1375,
1391, 1392, 1395, 1398, 1399, 1409, 1410, 1421, 1425, 1447, 1449, 1450, and 1451.
Ord. No. 359 was an annexation ordinance but it was repealed by Ord. No. 369. Ord.
No. 398 was also an annexation ordinance but it was judicially declared void. Additional
annexations by resolution have expanded the corporate boundaries and shall be kept on
file with the City Clerk's Office.
SECTION 2. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
Article IV, Section 3 by deleting the second paragraph, which reads:
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In any election under this Act, all registered voters, otherwise legally qualified to
vote in county and state elections held in Cumberland County, Tennessee, and
who are bona fide residents of said City and who have been such for three (3)
months preceding any election under this act, and all persons otherwise legally
qualified to vote in county and state elections held in Cumberland County,
Tennessee, owning a taxable freehold assessed on the city tax books at a value
of five thousand dollars ($5,000) or more, such ownership to be evidenced by a
registered conveyance placed of record at least three (3) months before the
election, or a certificate from the tax assessor that property is so assessed, shall
be entitled to vote.
and substituting the following:
In any election under this Act, all registered voters, otherwise legally qualified to
vote in county and state elections held in Cumberland County, Tennessee, and
who are bona fide residents of said City and who have been such for three (3)
months preceding any election under this act, and all persons otherwise legally
qualified to vote in county and state elections held in Cumberland County,
Tennessee, owning a taxable freehold real estate asset, such ownership to be
evidenced by a registered conveyance placed of record at least three (3) months
before the election, or a certificate from the tax assessor that property is so
assessed, shall be entitled to vote.
SECTION 3. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
Article V, by deleting Section 4 and substituting the following:
Section 4. Compensation of mayor and council members.
The salary of the mayor of the City of Crossville shall be fifteen percent (15%) of
the Cumberland County Mayor's salary. The salary for each council member of
the City of Crossville shall be five percent (5%) of the mayor's salary. Any
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increase in compensation for the members of this legislative body does not take
effect until the beginning of the term following the next election of the mayor and
of the council members.
SECTION 4. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
Article V, by deleting Section 7 and substituting the following:
Section 7. Time and place of council meetings.
Be it further enacted, that the City Council shall, by ordinance, fix the time and
place at which the regular meetings of said council shall be held, and until
otherwise provided by ordinance, the regular meetings of the council shall be
held at 6:00 P.M., on the second Tuesday of each month.
SECTION 5. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
Article V, by deleting Section 8 and substituting the following:
Section 8. Special meetings; limitations on business discussed; public
announcement.
Be it further enacted, that whenever, in the opinion of the mayor, or of any two (2)
councilmembers, the welfare of the city demands it, the mayor or any two (2)
councilmembers may call special meetings upon not less than forty-eight (48)
hours written notice to each councilmember, served personally, left at his usual
place of residence, or noticed by electronic means. Each call for a special
meeting shall set forth the character of the business to be discussed at such
meeting and no other business shall be considered at such meeting. The
agenda shall be posted on the city's website.
SECTION 6. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
Article VII, by deleting Section 1 and substituting the following:
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Section 1. Powers granted and duties imposed by the charter.
Be it further enacted, that the Mayor shall preside at all meetings of the City
Council and perform such other duties consistent with his office as may be
imposed by it, and the Mayor shall have a seat, a voice, and a vote. The Mayor
shall sign the journal of the council and all ordinances on their final passage,
execute all deeds, bonds, and contracts made in the name of the city, and he
may introduce ordinances in the City Council. Notwithstanding the foregoing,
contracts may be signed by the Mayor or City Manager as set by ordinance.
SECTION 7. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
Article IX, by deleting Section 1 and substituting the following:
Section 1. City court and judge.
Be it further enacted, that there shall be a city court presided over by a city judge.
The City Council shall elect or appoint a city judge by a majority vote of its entire
membership, for a period of two (2) years. He shall have such qualifications and
receive such compensation as the council may provide by ordinance or
resolution. He shall be removable during his term of office under the provisions
of the general ouster law of Tennessee, and for violation of said law. No member
of the City Council shall at any time be chosen as city judge.
SECTION 8. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended by
deleting Article X and substituting the following:
ARTICLE X: FINANCE AND TAXATION
Section 1. Finance Director to make assessment and revenue report to the
City Manager; Council to levy taxes.
Be it further enacted, that it shall be the duty of the Finance Director, in each
year, as soon as the assessment roll for the city is complete, to submit to the City
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Manager a certified statement of the total amount of the valuation or assessment
of the taxable property for the year within the city limits, including the assessment
of all railroad, telephone, telegraph, and other public utility properties, together
with a certified statement of the revenue derived by the city from privilege taxes,
and all other source of revenue for the preceding fiscal year. Upon the
presentation of such statements by the city manager, the City Council shall
proceed by ordinance to make the proper levy to meet the expense of the city for
the current fiscal year.
Section 2. Personal liability for corporations, LLC's, Partnerships, Limited
Partnerships, and Other Entities.
Pursuant to Tennessee Code Annotated, ยง 67-5-2101(c), each person owning an
interest in a corporate entity or similar organization, including, but not limited to,
limited liability companies, limited partnerships, and other entities for which the
owners of the entity are accorded limited liability for debts of the entity and that
is, or is stated in the records of the office of secretary of state to be, an inactive,
dissolved, revoked, or otherwise terminated entity, is jointly and severally liable
with the entity, each other, and such other persons as may be liable, for all
unpaid property taxes levied against parcels assessed to the entity, and such
interest, attorney fees, and other court costs as may accrue on the same.
Section 3. City manager to cause tax levy to be extended upon the tax
book.
Be it further enacted, that it shall be the duty of the city manager, immediately
after the levy of taxes by the City Council, to cause the levy to be extended upon
the tax book prepared by the Tax Assessor in the same manner that extensions
are made upon the tax books in the hands of the County Trustee.
Section 4. Date taxes due; issuance of distress warrants.
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Be it further enacted, that it shall be the duty of the city manager, immediately
after the levy of taxes by the City Council, to cause the levy to be extended upon
the tax book prepared by the Tax Assessor in the same manner that extensions
are made upon the tax books in the hands of the County Trustee.
Section 5. Liens assessed by city for unpaid taxes.
Be it further enacted, that all municipal taxes on real estate in the city, and all
penalties and costs securing thereon are hereby declared to be a lien on said
realty from and after the tenth day of January of the year for which same are
assessed, superior to all other liens except the liens of the United States, State of
Tennessee, and Cumberland County, for taxes legally assessed thereon, with
which it shall be a lien of equal dignity. No assessment shall be invalid because
the size and dimensions of any tract, lot or parcel of land shall not have been
precisely named or the amount of the valuation or tax not correctly given, nor
because the property has been assessed in the name of a person who did not
own the same, nor because the same was assessed to unknown owners, nor on
account of any objection or informality merely technical, but all such
assessments shall be good and valid. The City Council shall have power to
correct any errors in the tax assessments upon a certificate filed by the Assessor
of Assessing Body.
Section 6. Penalties and interest on unpaid taxes.
Be it further enacted, that on the first day of January of the year following that for
which the taxes are assessed, or other date provided by ordinance, a penalty of
one and one-half percent (1.5%) per month upon all taxes, other than privilege
and merchants' ad valorem taxes, remaining unpaid shall be imposed and
collected by the City of Crossville and paid into the City Treasury.
Section 7. Tax provisions that may be changed by ordinance.
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Be it further enacted, that the City Council may, by ordinance passed by majority
vote, change the due date and delinquent date of all taxes, and may provide for
the semiannual payment of taxes and a discount for the prompt payment thereof.
Section 8. Finance Director to certify list of real estate with unpaid taxes;
sale of real estate.
Be it further enacted, that the Finance Director shall, under the provisions of the
State law for the collection of delinquent taxes, certify to the city attorney or, if the
city attorney is not appointed, the City Council, a list of all real estate upon which
municipal taxes remain due and unpaid, or which is liable for sale for other taxes,
and the same shall be sold in like manner and upon the same terms and
conditions as real estate is sold for delinquent state and county taxes.
Section 9. Filing of suit for collection of taxes.
Be it further enacted, that the City Council shall have the power, and is hereby
given authority to file bills in the chancery court in the name of the City for the
collections of assessments and levies made for payment for improvements or
service in the City, such as paving, sidewalks, curbing, guttering, sewers, and
other improvements, or services for which assessments may be made under the
Charter, or by any other legislative acts, and the cost which is made a charge on
property, the suits commenced by such bills to be conducted as other suits in
chancery for the enforcement of like liens and under the rules of law and practice
provided for the same; provided, that the bills shall not be objectionable because
the owner of different parcels or lots of land are made parties thereto, it being the
intention that all persons in the same assessment and levy for improving any
portion of the City as aforesaid, and on whose property the assessment or levy is
a lien, shall be made parties defendant to one (1) bill.
SECTION 9. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
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Article XI, Section 7 by deleting the language "two percent (2%)" and substituting the language
"three percent (3%)".
SECTION 10. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
Article XX, by deleting Section 1 and substituting the following:
Section 1. Jurisdiction of city court.
Be it further enacted, that there be, and hereby is, established and constituted for
said City of Crossville a city court, which shall be presided over by the city judge,
with exclusive jurisdiction to try all offenses for the violation of the city ordinances
and bylaws.
SECTION 11. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
Article XX, by deleting Section 2 and substituting the following:
Section 2. Powers of the city court.
Be it further enacted, that the said court shall have power and authority to impose
fines, costs, and forfeitures; to punish by fine or imprisonment, or both, for
violation of city ordinances; to enforce and preserve order in court; and to enforce
the collection of all such fines, costs, or forfeiture imposed. The city judge shall
have the exclusive right to remit or suspend, with or without condition, fines and
costs imposed for violation of any ordinance or charter provision.
SECTION 12. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
Article XX, by deleting Section 3 and substituting the following:
Section 3. Qualifications of and exclusive powers of the city judge.
Be it further enacted, that the city judge staff be an attorney duly licensed to
practice law in the state of Tennessee and that no person, officer, or employee,
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whomsoever other than the city judge shall have the right or power or be
permitted to remit in whole or in part any fine or costs imposed by the city judge.
SECTION 13. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
Article XX, by deleting Section 6 and substituting the following:
Section 6. Fines.
Be it further enacted, that all fines imposed by the city court for violations of city
ordinances shall belong to and be paid into the treasury of the city.
SECTION 14. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
Article XX, by deleting Section 9 and substituting the following:
Section 9. Municipal judge or general sessions judge to preside in absence
of city judge; vacancy.
Be it further enacted, that in the event of the absence, incompetency, or other
disability of the city judge, the municipal judge or general sessions judge is
hereby authorized and empowered to act in his stead, and while so acting he
shall be invested with the same powers and shall perform the same duties
hereby bestowed and imposed upon the presiding officer of the court. In the
event the office shall become vacant for any cause, the City Council shall elect
some suitable person to fill out the unexpired term.
SECTION 15. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended by
adding the following new section at the end of Article XX:
Section 13. Administrative hearing officer duties and authority.
Be it further enacted, that the City of Crossville allow for administrative hearings
and administrative hearing officers. The officers shall act within the scope of
work granted by Tennessee Code Annotated, Title 6, Chapter 54, Part 10.
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SECTION 16. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
the first and second paragraphs of Article XXI, Section 1 by deleting the language "five
thousand dollars ($5,000)" and substituting the language "the amount set by the purchasing and
bidding ordinance".
SECTION 17. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended by
deleting Article XXIII and substituting the following:
[Deleted by 2025 Charter Amendment]
SECTION 18. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended by
deleting Article XXIV and substituting the following:
[Deleted by 2025 Charter Amendment]
SECTION 19. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended by
deleting Article XXV and substituting the following:
[Deleted by 2025 Charter Amendment]
SECTION 20. This act shall have no effect unless it is approved by a two-thirds (2/3)
vote of the legislative body of the City of Crossville. Its approval or nonapproval shall be
proclaimed by the presiding officer of the legislative body and certified to the secretary of state.
SECTION 21. For the purpose of approving or rejecting the provisions of this act, it shall
be effective upon becoming a law, the public welfare requiring it. For all other purposes, it shall
become effective as provided in Section 20.