Tennessee 2025-2026 Regular Session

Tennessee House Bill HB1437 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	SENATE BILL 1461
3		-	By Bailey
	2	+	<BillNo> <Sponsor>
4	3
5	4		HOUSE BILL 1437
6	5		By Sexton
7	6
8	7
9	8		HB1437
10	9		004550
11	10		- 1 -
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13	12		AN ACT to amend Chapter 519 of the Private Acts of 1953; as
14	13		amended and rewritten by Chapter 55 of the Private Acts
15	14		of 2014; and any other acts amendatory thereto, relative
16	15		to the Charter for the City of Crossville.
17	16
18	17		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
19	18		SECTION 1. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
20	19		Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
21	20		Article II, Section 1 by deleting the last paragraph and substituting:
22	21		The boundaries of the City of Crossville have been expanded by Ords. No. 396,
23	22		397, 453, 458, 463, 464, 465, 466, 469, 472, 480, 481, 490, 495, 496, 497, 524, 536,
24	23		546, 547, 558, 559, 560, 563, 564, 567, 568, 577, 579, 580, 588, 589, 597, 598, 599,
25	24		600, 601, 602, 603, 605, 609, 617, 618, 621, 622, 624, 625, 636, 637, 668, 704, 707,
26	25		770, 771, 772, 773, 797, 817, 826, 837, 842, 857, 870, 905, 906, 907, 926, 978, 1000,
27	26		1001, 1003, 1009, 1010, 1028, 1029, 1041, 1046, 1052, 1053, 1057, 1058, 1059, 1060,
28	27		1071, 1072, 1078, 1079, 1085, 1086, 1091, 1092, 1098, 1104, 1108, 1111, 1116, 1117,
29	28		1137, 1139, 1140, 1149, 1150, 1164, 1172, 1191, 1197, 1244, 1248, 1249, 1250, 1251,
30	29		1290, 1294, 1295, 1319, 1323, 1334, 1339, 1343, 1345, 1360, 1361, 1362, 1365, 1375,
31	30		1391, 1392, 1395, 1398, 1399, 1409, 1410, 1421, 1425, 1447, 1449, 1450, and 1451.
32	31		Ord. No. 359 was an annexation ordinance but it was repealed by Ord. No. 369. Ord.
33	32		No. 398 was also an annexation ordinance but it was judicially declared void. Additional
34	33		annexations by resolution have expanded the corporate boundaries and shall be kept on
35	34		file with the City Clerk's Office.
36	35		SECTION 2. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
37	36		Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
38	37		Article IV, Section 3 by deleting the second paragraph, which reads:
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43	42		In any election under this Act, all registered voters, otherwise legally qualified to
44	43		vote in county and state elections held in Cumberland County, Tennessee, and
45	44		who are bona fide residents of said City and who have been such for three (3)
46	45		months preceding any election under this act, and all persons otherwise legally
47	46		qualified to vote in county and state elections held in Cumberland County,
48	47		Tennessee, owning a taxable freehold assessed on the city tax books at a value
49	48		of five thousand dollars ($5,000) or more, such ownership to be evidenced by a
50	49		registered conveyance placed of record at least three (3) months before the
51	50		election, or a certificate from the tax assessor that property is so assessed, shall
52	51		be entitled to vote.
53	52		and substituting the following:
54	53		In any election under this Act, all registered voters, otherwise legally qualified to
55	54		vote in county and state elections held in Cumberland County, Tennessee, and
56	55		who are bona fide residents of said City and who have been such for three (3)
57	56		months preceding any election under this act, and all persons otherwise legally
58	57		qualified to vote in county and state elections held in Cumberland County,
59	58		Tennessee, owning a taxable freehold real estate asset, such ownership to be
60	59		evidenced by a registered conveyance placed of record at least three (3) months
61	60		before the election, or a certificate from the tax assessor that property is so
62	61		assessed, shall be entitled to vote.
63	62		SECTION 3. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
64	63		Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
65	64		Article V, by deleting Section 4 and substituting the following:
66	65		Section 4. Compensation of mayor and council members.
67	66		The salary of the mayor of the City of Crossville shall be fifteen percent (15%) of
68	67		the Cumberland County Mayor's salary. The salary for each council member of
69	68		the City of Crossville shall be five percent (5%) of the mayor's salary. Any
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74	73		increase in compensation for the members of this legislative body does not take
75	74		effect until the beginning of the term following the next election of the mayor and
76	75		of the council members.
77	76		SECTION 4. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
78	77		Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
79	78		Article V, by deleting Section 7 and substituting the following:
80	79		Section 7. Time and place of council meetings.
81	80		Be it further enacted, that the City Council shall, by ordinance, fix the time and
82	81		place at which the regular meetings of said council shall be held, and until
83	82		otherwise provided by ordinance, the regular meetings of the council shall be
84	83		held at 6:00 P.M., on the second Tuesday of each month.
85	84		SECTION 5. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
86	85		Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
87	86		Article V, by deleting Section 8 and substituting the following:
88	87		Section 8. Special meetings; limitations on business discussed; public
89	88		announcement.
90	89		Be it further enacted, that whenever, in the opinion of the mayor, or of any two (2)
91	90		councilmembers, the welfare of the city demands it, the mayor or any two (2)
92	91		councilmembers may call special meetings upon not less than forty-eight (48)
93	92		hours written notice to each councilmember, served personally, left at his usual
94	93		place of residence, or noticed by electronic means. Each call for a special
95	94		meeting shall set forth the character of the business to be discussed at such
96	95		meeting and no other business shall be considered at such meeting. The
97	96		agenda shall be posted on the city's website.
98	97		SECTION 6. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
99	98		Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
100	99		Article VII, by deleting Section 1 and substituting the following:
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105	104		Section 1. Powers granted and duties imposed by the charter.
106	105		Be it further enacted, that the Mayor shall preside at all meetings of the City
107	106		Council and perform such other duties consistent with his office as may be
108	107		imposed by it, and the Mayor shall have a seat, a voice, and a vote. The Mayor
109	108		shall sign the journal of the council and all ordinances on their final passage,
110	109		execute all deeds, bonds, and contracts made in the name of the city, and he
111	110		may introduce ordinances in the City Council. Notwithstanding the foregoing,
112	111		contracts may be signed by the Mayor or City Manager as set by ordinance.
113	112		SECTION 7. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
114	113		Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
115	114		Article IX, by deleting Section 1 and substituting the following:
116	115		Section 1. City court and judge.
117	116		Be it further enacted, that there shall be a city court presided over by a city judge.
118	117		The City Council shall elect or appoint a city judge by a majority vote of its entire
119	118		membership, for a period of two (2) years. He shall have such qualifications and
120	119		receive such compensation as the council may provide by ordinance or
121	120		resolution. He shall be removable during his term of office under the provisions
122	121		of the general ouster law of Tennessee, and for violation of said law. No member
123	122		of the City Council shall at any time be chosen as city judge.
124	123		SECTION 8. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
125	124		Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended by
126	125		deleting Article X and substituting the following:
127	126		ARTICLE X: FINANCE AND TAXATION
128	127		Section 1. Finance Director to make assessment and revenue report to the
129	128		City Manager; Council to levy taxes.
130	129		Be it further enacted, that it shall be the duty of the Finance Director, in each
131	130		year, as soon as the assessment roll for the city is complete, to submit to the City
132	131
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136	135		Manager a certified statement of the total amount of the valuation or assessment
137	136		of the taxable property for the year within the city limits, including the assessment
138	137		of all railroad, telephone, telegraph, and other public utility properties, together
139	138		with a certified statement of the revenue derived by the city from privilege taxes,
140	139		and all other source of revenue for the preceding fiscal year. Upon the
141	140		presentation of such statements by the city manager, the City Council shall
142	141		proceed by ordinance to make the proper levy to meet the expense of the city for
143	142		the current fiscal year.
144	143		Section 2. Personal liability for corporations, LLC's, Partnerships, Limited
145	144		Partnerships, and Other Entities.
146	145		Pursuant to Tennessee Code Annotated, § 67-5-2101(c), each person owning an
147	146		interest in a corporate entity or similar organization, including, but not limited to,
148	147		limited liability companies, limited partnerships, and other entities for which the
149	148		owners of the entity are accorded limited liability for debts of the entity and that
150	149		is, or is stated in the records of the office of secretary of state to be, an inactive,
151	150		dissolved, revoked, or otherwise terminated entity, is jointly and severally liable
152	151		with the entity, each other, and such other persons as may be liable, for all
153	152		unpaid property taxes levied against parcels assessed to the entity, and such
154	153		interest, attorney fees, and other court costs as may accrue on the same.
155	154		Section 3. City manager to cause tax levy to be extended upon the tax
156	155		book.
157	156		Be it further enacted, that it shall be the duty of the city manager, immediately
158	157		after the levy of taxes by the City Council, to cause the levy to be extended upon
159	158		the tax book prepared by the Tax Assessor in the same manner that extensions
160	159		are made upon the tax books in the hands of the County Trustee.
161	160		Section 4. Date taxes due; issuance of distress warrants.
162	161
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166	165		Be it further enacted, that it shall be the duty of the city manager, immediately
167	166		after the levy of taxes by the City Council, to cause the levy to be extended upon
168	167		the tax book prepared by the Tax Assessor in the same manner that extensions
169	168		are made upon the tax books in the hands of the County Trustee.
170	169		Section 5. Liens assessed by city for unpaid taxes.
171	170		Be it further enacted, that all municipal taxes on real estate in the city, and all
172	171		penalties and costs securing thereon are hereby declared to be a lien on said
173	172		realty from and after the tenth day of January of the year for which same are
174	173		assessed, superior to all other liens except the liens of the United States, State of
175	174		Tennessee, and Cumberland County, for taxes legally assessed thereon, with
176	175		which it shall be a lien of equal dignity. No assessment shall be invalid because
177	176		the size and dimensions of any tract, lot or parcel of land shall not have been
178	177		precisely named or the amount of the valuation or tax not correctly given, nor
179	178		because the property has been assessed in the name of a person who did not
180	179		own the same, nor because the same was assessed to unknown owners, nor on
181	180		account of any objection or informality merely technical, but all such
182	181		assessments shall be good and valid. The City Council shall have power to
183	182		correct any errors in the tax assessments upon a certificate filed by the Assessor
184	183		of Assessing Body.
185	184		Section 6. Penalties and interest on unpaid taxes.
186	185		Be it further enacted, that on the first day of January of the year following that for
187	186		which the taxes are assessed, or other date provided by ordinance, a penalty of
188	187		one and one-half percent (1.5%) per month upon all taxes, other than privilege
189	188		and merchants' ad valorem taxes, remaining unpaid shall be imposed and
190	189		collected by the City of Crossville and paid into the City Treasury.
191	190		Section 7. Tax provisions that may be changed by ordinance.
192	191
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196	195		Be it further enacted, that the City Council may, by ordinance passed by majority
197	196		vote, change the due date and delinquent date of all taxes, and may provide for
198	197		the semiannual payment of taxes and a discount for the prompt payment thereof.
199	198		Section 8. Finance Director to certify list of real estate with unpaid taxes;
200	199		sale of real estate.
201	200		Be it further enacted, that the Finance Director shall, under the provisions of the
202	201		State law for the collection of delinquent taxes, certify to the city attorney or, if the
203	202		city attorney is not appointed, the City Council, a list of all real estate upon which
204	203		municipal taxes remain due and unpaid, or which is liable for sale for other taxes,
205	204		and the same shall be sold in like manner and upon the same terms and
206	205		conditions as real estate is sold for delinquent state and county taxes.
207	206		Section 9. Filing of suit for collection of taxes.
208	207		Be it further enacted, that the City Council shall have the power, and is hereby
209	208		given authority to file bills in the chancery court in the name of the City for the
210	209		collections of assessments and levies made for payment for improvements or
211	210		service in the City, such as paving, sidewalks, curbing, guttering, sewers, and
212	211		other improvements, or services for which assessments may be made under the
213	212		Charter, or by any other legislative acts, and the cost which is made a charge on
214	213		property, the suits commenced by such bills to be conducted as other suits in
215	214		chancery for the enforcement of like liens and under the rules of law and practice
216	215		provided for the same; provided, that the bills shall not be objectionable because
217	216		the owner of different parcels or lots of land are made parties thereto, it being the
218	217		intention that all persons in the same assessment and levy for improving any
219	218		portion of the City as aforesaid, and on whose property the assessment or levy is
220	219		a lien, shall be made parties defendant to one (1) bill.
221	220		SECTION 9. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
222	221		Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
223	222
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227	226		Article XI, Section 7 by deleting the language "two percent (2%)" and substituting the language
228	227		"three percent (3%)".
229	228		SECTION 10. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
230	229		Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
231	230		Article XX, by deleting Section 1 and substituting the following:
232	231		Section 1. Jurisdiction of city court.
233	232		Be it further enacted, that there be, and hereby is, established and constituted for
234	233		said City of Crossville a city court, which shall be presided over by the city judge,
235	234		with exclusive jurisdiction to try all offenses for the violation of the city ordinances
236	235		and bylaws.
237	236		SECTION 11. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
238	237		Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
239	238		Article XX, by deleting Section 2 and substituting the following:
240	239		Section 2. Powers of the city court.
241	240		Be it further enacted, that the said court shall have power and authority to impose
242	241		fines, costs, and forfeitures; to punish by fine or imprisonment, or both, for
243	242		violation of city ordinances; to enforce and preserve order in court; and to enforce
244	243		the collection of all such fines, costs, or forfeiture imposed. The city judge shall
245	244		have the exclusive right to remit or suspend, with or without condition, fines and
246	245		costs imposed for violation of any ordinance or charter provision.
247	246		SECTION 12. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
248	247		Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
249	248		Article XX, by deleting Section 3 and substituting the following:
250	249		Section 3. Qualifications of and exclusive powers of the city judge.
251	250		Be it further enacted, that the city judge staff be an attorney duly licensed to
252	251		practice law in the state of Tennessee and that no person, officer, or employee,
253	252
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257	256		whomsoever other than the city judge shall have the right or power or be
258	257		permitted to remit in whole or in part any fine or costs imposed by the city judge.
259	258		SECTION 13. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
260	259		Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
261	260		Article XX, by deleting Section 6 and substituting the following:
262	261		Section 6. Fines.
263	262		Be it further enacted, that all fines imposed by the city court for violations of city
264	263		ordinances shall belong to and be paid into the treasury of the city.
265	264		SECTION 14. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
266	265		Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
267	266		Article XX, by deleting Section 9 and substituting the following:
268	267		Section 9. Municipal judge or general sessions judge to preside in absence
269	268		of city judge; vacancy.
270	269		Be it further enacted, that in the event of the absence, incompetency, or other
271	270		disability of the city judge, the municipal judge or general sessions judge is
272	271		hereby authorized and empowered to act in his stead, and while so acting he
273	272		shall be invested with the same powers and shall perform the same duties
274	273		hereby bestowed and imposed upon the presiding officer of the court. In the
275	274		event the office shall become vacant for any cause, the City Council shall elect
276	275		some suitable person to fill out the unexpired term.
277	276		SECTION 15. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
278	277		Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended by
279	278		adding the following new section at the end of Article XX:
280	279		Section 13. Administrative hearing officer duties and authority.
281	280		Be it further enacted, that the City of Crossville allow for administrative hearings
282	281		and administrative hearing officers. The officers shall act within the scope of
283	282		work granted by Tennessee Code Annotated, Title 6, Chapter 54, Part 10.
284	283
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287	286
288	287		SECTION 16. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
289	288		Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended in
290	289		the first and second paragraphs of Article XXI, Section 1 by deleting the language "five
291	290		thousand dollars ($5,000)" and substituting the language "the amount set by the purchasing and
292	291		bidding ordinance".
293	292		SECTION 17. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
294	293		Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended by
295	294		deleting Article XXIII and substituting the following:
296	295		[Deleted by 2025 Charter Amendment]
297	296		SECTION 18. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
298	297		Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended by
299	298		deleting Article XXIV and substituting the following:
300	299		[Deleted by 2025 Charter Amendment]
301	300		SECTION 19. Chapter 519 of the Private Acts of 1953, as amended and rewritten by
302	301		Chapter 55 of the Private Acts of 2014, and any other acts amendatory thereto, is amended by
303	302		deleting Article XXV and substituting the following:
304	303		[Deleted by 2025 Charter Amendment]
305	304		SECTION 20. This act shall have no effect unless it is approved by a two-thirds (2/3)
306	305		vote of the legislative body of the City of Crossville. Its approval or nonapproval shall be
307	306		proclaimed by the presiding officer of the legislative body and certified to the secretary of state.
308	307		SECTION 21. For the purpose of approving or rejecting the provisions of this act, it shall
309	308		be effective upon becoming a law, the public welfare requiring it. For all other purposes, it shall
310	309		become effective as provided in Section 20.