Tennessee 2025-2026 Regular Session

Tennessee House Bill HB1439 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	SENATE BILL 1462
3		-	By Watson
	2	+	<BillNo> <Sponsor>
4	3
5	4		HOUSE BILL 1439
6	5		By Helton-Haynes
7	6
8	7
9	8		HB1439
10	9		006603
11	10		- 1 -
12	11
13	12		AN ACT to amend Chapter 615 of the Private Acts of 1931; as
14	13		amended by Chapter 326 of the Private Acts of 1941;
15	14		Chapter 534 of the Private Acts of 1953; Chapter 39 of
16	15		the Private Acts of 1965; Chapter 20 of the Private Acts
17	16		of 1965; Chapter 220 of the Private Acts of 1974;
18	17		Chapter 106 of the Private Acts of 2000; and Chapter 5
19	18		of the Private Acts of 2017; and any other acts
20	19		amendatory thereto, relative to the charter for the City of
21	20		Ridgeside.
22	21
23	22		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNE SSEE:
24	23		SECTION 1. Chapter 615 of the Private Acts of 1931, as amended by Chapter 326 of
25	24		the Private Acts of 1941, Chapter 534 of the Private Acts of 1953, Chapter 39 of the Private
26	25		Acts of 1965, Chapter 20 of the Private Acts of 1965, Chapter 220 of the Private Acts of 1974,
27	26		Chapter 106 of the Private Acts of 2000, and Chapter 5 of the Private Acts of 2017, and any
28	27		other acts amendatory thereto, that being the charter of the City of Ridgeside, is amended by
29	28		deleting the chapter in its entirety and substituting:
30	29		ARTICLE I. Corporate Name, Boundaries, and Powers.
31	30		Section 1. Corporate name. That the inhabitants residing within the corporate
32	31		limits and boundaries, as hereinafter established, shall be and shall continue a body
33	32		politic and corporate under the name of "City of Ridgeside," and as such shall have
34	33		perpetual succession, may have a corporate seal, and sue and be sued.
35	34		Section 2. Corporate limits. The corporate boundaries of the City of Ridgeside
36	35		are as contained in prior charters and in annexation ordinances or other lawful
37	36		annexation schemes, which are recorded and kept in the office of the city; said
38	37		boundaries are herewith reaffirmed. Extensions of the corporate boundaries shall be as
39	38		provided by future annexation action in accordance with state law. For accuracy, the
40	39		reference to the boundary found in Priv. Acts 1965, Ch. 39 §1 relating to the "Negro
41	40		Baptist Church" is amended to state: "Beginning at a stake corner in the north line of
42	41
43	42
44	43		- 2 - 006603
45	44
46	45		Shallowford Road just across the road from the intersection of Hilldale Drive and at a
47	46		corner found at coordinates N 66° 09' 18" W; thence northeastwardly S 32° 32' 32" W
48	47		along the southeastern line of the tract designated as Hamilton County Tax Map 147H-
49	48		C-019 300 feet to a stake corner; thence S 57° 51' 28" E along the northeastern line of
50	49		the tract designated as Hamilton County Tax Map 147H-C-019 westwardly 113 feet to a
51	50		stake corner. . ." with the remainder of the description in Priv. Acts 1965, Ch. 39 §1
52	51		remaining unamended.
53	52		Section 3. Powers. The City of Ridgeside shall have the following powers:
54	53		(1) To assess, levy, and collect taxes upon all property and privileges
55	54		within its limits which are or shall be taxable by the laws of the state, and to
56	55		assess, levy, and collect taxes on any and all subjects or objects of taxation,
57	56		either for general or special purposes, not expressly forbidden by general laws of
58	57		the State of Tennessee.
59	58		(2) To adopt such classifications with reference to all subjects or objects
60	59		of taxation, not otherwise expressly prohibited by law.
61	60		(3) To make and levy special assessments against abutting or adjoining
62	61		property for local improvements.
63	62		(4) To contract and be contracted with.
64	63		(5) To incur debts by borrowing money or otherwise, and to give any
65	64		appropriate evidence thereof, in the manner hereinafter provided.
66	65		(6) To issue and give, sell, pledge, or in any manner dispose of
67	66		negotiable or non-negotiable interest bearing or non-interest bearing warrants,
68	67		bonds, promissory notes or orders of the city, upon the credit of the city, or solely
69	68		upon the credit of specific property owned by the city, or solely upon the credit of
70	69		income derived from any property used in connection with any public utility
71	70		owned or operated by the city, or solely upon the credit of the proceeds of special
72	71
73	72
74	73		- 3 - 006603
75	74
76	75		assessments for local improvements, or upon any two (2) or more, or a
77	76		combination of any two (2) or more, of such credits.
78	77		(7) To expend the revenues, monies and property of the city for all lawful
79	78		municipal purposes.
80	79		(8) To purchase, acquire, receive and hold, maintain, improve, sell,
81	80		lease, mortgage, pledge or otherwise dispose of property, real or personal, or
82	81		any estate or interest therein, either within or without the city or state.
83	82		(9) To effectually exercise the right of eminent domain, and to condemn
84	83		property, real or personal, or any easement, interest, estate or use therein, either
85	84		within or without its territorial limits, for present or future public use, such right of
86	85		eminent domain to be exercised in any such manner as may be lawfully
87	86		provided.
88	87		(10) To receive and hold property in trust, real or personal, either within
89	88		or without the city or state, and to administer such trusts for public use and
90	89		benefit.
91	90		(11) To acquire, own, erect, build, construct, maintain and operate, or to
92	91		sell, lease, mortgage, pledge or otherwise dispose of any public utility, or any
93	92		estate or interest therein, or property, real or personal, used in connection
94	93		therewith, or any utility of service to the city, its inhabitants, or any part thereof.
95	94		(12) To grant to any person, firm, corporation, or association franchises
96	95		for public utilities and public services to be furnished to the city and its
97	96		inhabitants. The power to grant franchises shall include the power to grant
98	97		exclusive franchises, and whenever an exclusive franchise is granted, it shall be
99	98		deemed as exclusive not only as against any other person, firm, corporation, or
100	99		association, but also as against the city itself. Franchises may be granted for the
101	100		period of twenty-five (25) years, but not longer, and the city is fully empowered to
102	101		prescribe and regulate in each grant of a franchise rates, fares, charges and
103	102
104	103
105	104		- 4 - 006603
106	105
107	106		other regulations that may be made by the grantee of the franchise. Franchises
108	107		may by their terms apply only to the territory within the corporate limits at the
109	108		dates of the franchises, or to the territory as said limits may thereafter be
110	109		enlarged, and to the then existing streets, alleys and other thoroughfares, or to
111	110		any other streets, alleys and other thoroughfares that thereafter may be opened.
112	111		(13) To make contracts with any person, firm, corporation, or association
113	112		for public utilities and public services to be furnished to the city and its
114	113		inhabitants. The power to make contracts shall include the power to make
115	114		exclusive contracts, and when an exclusive contract is entered into, it shall be
116	115		deemed as exclusive not only against any other person, firm, corporation or
117	116		association, but also as against the city itself. Such contracts may be entered
118	117		into for the period of twenty-five (25) years or less, but not longer, and the city is
119	118		fully empowered to prescribe in each such contract entered into, the rates, fares,
120	119		charges and regulations that may be made by the person, firm, corporation or
121	120		association with whom the contract is made. Such contracts may by their terms
122	121		apply to the territory within the corporate limits of the city at the date of the
123	122		contract, and as said corporate limits thereof may be enlarged, and to the then
124	123		existing streets, alleys, and thoroughfares, and to any other streets, alleys and
125	124		other thoroughfares that thereafter may be opened.
126	125		(14) To prescribe reasonable regulations regarding the construction,
127	126		maintenance, equipment, operation, and service of public utilities, and compel,
128	127		from time to time, reasonable extensions of facilities for such services, but
129	128		nothing herein shall be construed to permit the alteration or impairment of any of
130	129		the terms or provisions of any exclusive franchise granted, or of any exclusive
131	130		contract entered into under subsections (12) and (13) of this section.
132	131		(15) To establish, open, locate, relocate, vacate, alter, abandon, widen,
133	132		extend, grade, improve, repair, construct, maintain, light, sprinkle, and clean
134	133
135	134
136	135		- 5 - 006603
137	136
138	137		public highways, streets, alleys, boulevards, parks, squares, bridges, culverts,
139	138		sewers, drains, and public grounds and properties within or without the corporate
140	139		limits, and to regulate the use thereof.
141	140		(16) To construct and reconstruct, improve and re-improve by opening,
142	141		extending, widening, grading, curbing, guttering, paving, graveling,
143	142		macadamizing, draining, or otherwise improving any streets, highways, avenues,
144	143		alleys, or other public properties within the corporate limits, and to assess a
145	144		portion of the cost of such improvements upon the property abutting upon or
146	145		adjacent to such streets, highways, avenues, alleys, or other public properties.
147	146		(17) To purchase, acquire, hold, construct, maintain, and regulate
148	147		marketplaces, public properties, and buildings, bridges, culverts, sewers, and
149	148		other structures, works, and public improvements.
150	149		(18) To collect and dispose of drainage, sewage, offal, ashes, garbage,
151	150		and refuse in any manner not in conflict with general laws, or to license and
152	151		regulate such collection and disposal.
153	152		(19) To license and regulate all persons, firms, corporations, or
154	153		associations engaged in any business, profession, vocation, occupation, or trade
155	154		not forbidden by law, and to impose a license tax upon any property, thing,
156	155		business, profession, vocation, occupation, or trade not prohibited by law.
157	156		(20) To define, prohibit, abate, suppress, prevent, and regulate all acts,
158	157		practices, conduct, business, occupations, professions, vocations, or trades,
159	158		uses of property and all other things whatsoever detrimental, or liable to be
160	159		detrimental, to the health, morals, comfort, safety, convenience, or welfare of the
161	160		inhabitants of the city, and in conjunction with the powers herein set out to
162	161		demand and receive fees and costs of permits and inspections incident to
163	162		effectual regulation.
164	163
165	164
166	165		- 6 - 006603
167	166
168	167		(21) To prescribe locations, zones, and limits within which business
169	168		occupations and practices liable to be nuisances or detrimental to the health,
170	169		morals, security, comfort, or general welfare of the inhabitants of the city may
171	170		lawfully be established, conducted or maintained.
172	171		(22) To regulate the location, bulk, occupancy, area, lot, height,
173	172		construction, and materials of all buildings and structures, and to inspect all
174	173		buildings, lands and places as to their condition for health, cleanliness, and
175	174		safety, and when necessary, prevent the use thereof and require any alterations
176	175		or changes necessary to make them healthful, clean, or safe.
177	176		(23) To provide and maintain charitable, educational, curative, recreative,
178	177		corrective, detentive or penal institutions, departments, facilities, conveniences
179	178		and services, or to contract with any outside agency to provide and maintain, or
180	179		to render the functions and services contemplated herein.
181	180		(24) To enforce all ordinances, rules or regulations by means of fines,
182	181		forfeitures, and penalties, or by action or proceeding in any court of competent
183	182		jurisdiction, or by any one or more of such means, and to establish, by ordinance,
184	183		limits for such fines, forfeitures, or penalties.
185	184		(25) To regulate, tax, license, or suppress the keeping or running-at-large
186	185		of animals within the city, to impound the same, and in default of redemption to
187	186		sell or otherwise dispose of the same.
188	187		(26) To call upon the board of election commissioners of Hamilton
189	188		County to call, provide for, and control all municipal elections, including all
190	189		elections respecting bond issues, and to provide for and regulate the registration
191	190		of voters, and to certify the results of such elections.
192	191		(27) To make all reasonable regulations to prevent the spread of
193	192		contagious diseases within the city, and to make and enforce regulations to
194	193		promote sanitation, health, and general welfare of the inhabitants of the city.
195	194
196	195
197	196		- 7 - 006603
198	197
199	198		(28) To purchase, acquire, establish, construct, equip, improve, maintain,
200	199		and operate for said city a municipal airport or landing field for the use of aircraft,
201	200		and to acquire by purchase, lease, condemnation, or otherwise, real estate
202	201		situated either within or without the limits of said city, or to set apart any real
203	202		estate now owned by it to be used for this purpose.
204	203		(29) To have and exercise all lawful powers, which now or hereafter it
205	204		would be lawful to here specifically enumerate, as fully and effectually as though
206	205		said powers were specifically enumerated herein.
207	206		(30) To purchase, acquire, establish, improve, maintain, and operate a
208	207		municipal cemetery, either within or without the corporate limits of said city, and
209	208		to provide for adequate supervision, care, and maintenance thereof, and for this
210	209		purpose said city is expressly authorized to establish and create out of any
211	210		available revenues a fund for the perpetual care and maintenance of said
212	211		cemetery; said fund to be kept separate and apart from all other revenues of said
213	212		city and to be handled, controlled, supervised and disbursed in such manner as
214	213		may be provided.
215	214		Section 4. Powers not exclusive. The enumeration of the particular powers in
216	215		this article is not exclusive, nor restrictive of general words or phrases granting powers,
217	216		nor shall a grant or failure to grant powers in this article impair the powers granted in any
218	217		subsequent article or section of this charter, and whether powers, objects, or purposes
219	218		are expressed conjunctively or disjunctively, they shall be construed so as to permit the
220	219		city to exercise freely any one or more of such powers as to any or more such objects for
221	220		any one or more such purposes.
222	221		Section 5. Exemption of property from taxation prohibited. The commission shall
223	222		possess no power and is hereby expressly forbidden to exempt any property of
224	223		whatsoever kind or character, or any person, firm, corporation, or association, from
225	224		taxation, unless such property or person, persons, firm, corporation or association is
226	225
227	226
228	227		- 8 - 006603
229	228
230	229		exempted from taxation for state or county purposes under state law in such cases
231	230		made and provided.
232	231		ARTICLE II. Elections.
233	232		Section 1. Eligible Voters. All persons who are entitled to vote for members of
234	233		the general assembly under the general election laws of the State of Tennessee and
235	234		who reside within the corporation shall be entitled to vote in city elections; provided, all
236	235		persons residing outside the corporation limits, having owned a taxable freehold within
237	236		the corporation for a period of one (1) year next preceding the date of said election, and
238	237		being otherwise qualified, shall also be entitled to vote in city elections; provided further,
239	238		that such person residing outside the corporation limits and owning a taxable freehold
240	239		within the corporation for a period of one (1) year next preceding the date of said
241	240		election, shall also have a controlling interest of fifty percent (50%) or more of the
242	241		taxable freehold within the corporation.
243	242		Section 2. Laws governing. The Hamilton County Election Commission shall call
244	243		elections and appoint the necessary and proper election officers, and such elections
245	244		shall be held under and pursuant to the general laws prescribed for elections of
246	245		members of the General Assembly of the State of Tennessee.
247	246		Section 3. Elections of the Board of Commissioners. Elections are held on the
248	247		first Tuesday after the first Monday in November every four (4) years in the same year
249	248		as the gubernatorial election. The membership on the commission on the effective date
250	249		of this act shall remain in place until each member's term expires and a new board is
251	250		elected.
252	251		In the event two (2) or more candidates fail to win election due to a tie vote, a
253	252		run-off election between such candidates shall be held on a date fixed by the Hamilton
254	253		County Election Commission not more than sixty (60) days after the date of the election
255	254		at which the tie vote occurred.
256	255
257	256
258	257		- 9 - 006603
259	258
260	259		The term of office of the candidate elected at said run-off election shall
261	260		commence on the first day of the calendar month following the date of the run-off
262	261		election and continue for the remainder of the four-year term and until his/her successor
263	262		is elected and qualified.
264	263		ARTICLE III. Governing Body.
265	264		Section 1. City Commission. The governing body of the city shall be composed
266	265		of three (3) members including three (3) commissioners to be known as the "Board of
267	266		Commissioners," who shall hold office and exercise the powers and duties imposed by
268	267		this charter. Commissioners shall be residents of the city.
269	268		Section 2. Eligibility to serve as commissioner. No person shall be a
270	269		commissioner unless they are a citizen of the State of Tennessee and a bona fide
271	270		resident of the City of Ridgeside for a minimum of twelve (12) months prior to the
272	271		election. Any commissioner who moves residence outside city boundaries vacates
273	272		his/her office and is no longer qualified to serve as commissioner. In such
274	273		circumstances, the commissioner shall resign from office immediately or the remaining
275	274		members of the commission may declare the seat to be vacant.
276	275		Section 3. Term of office of commissioner. The term of office of commissioner
277	276		shall be four (4) years, beginning at the first regular City Commission meeting following
278	277		the election, and continuing until a successor is elected, qualified, and seated following
279	278		the city election held four (4) years later.
280	279		Section 4. Salary. The salary of the mayor and commissioners shall be set by
281	280		ordinance by the City Commission. The salary of the mayor and commissioners shall
282	281		not be altered prior to the end of the term for which such person was elected.
283	282		Section 5. Oath of Office. The commissioners, before entering upon their duty
284	283		as commissioners, shall each take an oath before a judge or other person authorized by
285	284		law to administer oaths, and each oath shall be filed and kept in the office of the
286	285		secretary. The oath taken shall be to support the Constitution of the United States and
287	286
288	287
289	288		- 10 - 006603
290	289
291	290		the State of Tennessee and to obey the laws and to strive to maintain an honest and
292	291		efficient city government, free from partisan dictation, and to perform the duties of the
293	292		office to the best of his/her abilities.
294	293		Section 6. General legislative powers. The legislative powers, and all other
295	294		powers granted to said municipality by this charter, except as otherwise herein provided,
296	295		are hereby vested in, and delegated to the City Commission, and it may by ordinance or
297	296		resolution, not inconsistent with the provisions of this charter, prescribe the manner in
298	297		which all powers of the municipality shall be exercised, provide the necessary
299	298		administrative means, and do all things and perform all acts within or without the city or
300	299		state to effectually exercise the powers, herein granted, to protect the rights and
301	300		interests of the city.
302	301		Section 7. Meetings. The City Commission shall fix the time and place by
303	302		ordinance at which regular meetings of the commission will be held. A minimum of four
304	303		(4) quarterly meetings shall be held.
305	304		Special meetings of the commission may be held at such times, and on such
306	305		dates whenever in the opinion of the mayor, or any two (2) commissioners, the welfare
307	306		of the city demands it. In such case, written or electronic notice shall be given to the
308	307		mayor, commissioners, and the city attorney. Each call for a special meeting shall set
309	308		forth the purpose for which the meeting is called and the character of business to be
310	309		discussed and considered at the meeting.
311	310		Section 8. Mayor. The commissioner who receives the highest vote count in the
312	311		last regular city election will serve as mayor. The mayor shall preside at all meetings of
313	312		the city commission.
314	313		Section 9. Vice Mayor. The commissioner who received the second highest
315	314		vote count in the last regular city election will serve as vice mayor. The vice mayor shall
316	315		act as mayor in the event of the temporary absence or illness of the mayor. The vice
317	316		mayor shall have all the power and authority conferred by law upon the mayor during
318	317
319	318
320	319		- 11 - 006603
321	320
322	321		such temporary absence or illness. The vice mayor may also serve as treasurer or
323	322		secretary of the commission.
324	323		Section 10. Treasurer.
325	324		(1) The commission shall elect by majority vote at their first meeting, one
326	325		(1) of the commissioners to act as treasurer.
327	326		(2) Duties.
328	327		(a) The treasurer shall exercise general supervision over the fiscal
329	328		affairs of the city, and general accounting supervision over all the city's
330	329		property, assets, and the disposition thereof.
331	330		(b) The treasurer shall require proper fiscal accounts, records,
332	331		settlements, and reports to be kept, made, and rendered to him/her by the
333	332		several officers of the city and shall control and continually audit the
334	333		same.
335	334		(c) Other duties of the treasurer may be assigned by ordinance.
336	335		(3) The commission may require the treasurer to execute a bond with
337	336		good and sufficient security in an amount set by the commission.
338	337		Section 11. Secretary. The commission shall elect by majority vote at their first
339	338		meeting, one of the commissioners to act as secretary. The secretary shall ensure that
340	339		proper minutes are taken at public meetings, in accordance with state law. Other duties
341	340		of the secretary may be assigned by ordinance.
342	341		Section 12. Vacancies. In the event of the vacancy by reason of the death,
343	342		resignation, or removal of the mayor or one (1) or more of the commissioners, the
344	343		commission shall have the power to fill the vacancy or vacancies by majority vote of said
345	344		commission, and said vacancies are to be filled until the next regular municipal election.
346	345		Section 13. Quorum. A majority of two (2) commissioners shall constitute a
347	346		quorum for the transaction of business.
348	347
349	348
350	349		- 12 - 006603
351	350
352	351		Section 14. Record of meetings. The city commission shall be required to keep
353	352		an accurate record of all meetings of the commission, both regular and special, and such
354	353		records shall remain open for inspection to the public at all times in accordance with
355	354		Tennessee law.
356	355		ARTICLE IV. Ordinances and Resolutions.
357	356		Section 1. Ordinances. All ordinances shall be approved on two (2) separate
358	357		readings. Only the captions of any ordinance need be read. Copies of the entire text of
359	358		all ordinances shall be furnished to members of the commission prior to the meetings at
360	359		which they shall be read. A copy of each ordinance shall be placed in the official
361	360		minutes of the Board of Commissioners upon final passage. All ordinances shall begin
362	361		with "Be it ordained by the Board of Commissioners of the City of Ridgeside".
363	362		Section 2. Resolutions. All resolutions shall be approved in a public meeting
364	363		with one (1) reading. Only the captions of the resolution need to be read.
365	364		Section 3. Signatures. Every ordinance and resolution upon final passage shall
366	365		be signed by the mayor and at least one (1) other commissioner, and shall thereupon be
367	366		delivered to the secretary, whose duty it shall be to copy it in a book to be kept for that
368	367		purpose.
369	368		ARTICLE V. Mayor.
370	369		Section 1. Duties and powers.
371	370		(a) The mayor shall be the ceremonial head of the city and preside at all
372	371		meetings of the City Commission, performing all such other duties as is
373	372		consistent with the office, or as may be imposed upon it by ordinance not in
374	373		conflict with the charter.
375	374		(b) The mayor shall have a seat on the City Commission, a voice, and a
376	375		vote.
377	376		(c) It shall be his/her duty to sign the minutes of all meetings, all
378	377		ordinances and resolutions following passage, and to execute all deeds, bonds,
379	378
380	379
381	380		- 13 - 006603
382	381
383	382		contracts, notes, and other instruments in the name of the city and to
384	383		acknowledge execution of the same as mayor as authorized by the commission.
385	384		(d) Other duties of the mayor may be assigned by ordinance.
386	385		ARTICLE VI. Officers and Employees.
387	386		Section 1. City attorney, city judge, and other positions. The City Commission
388	387		shall appoint and fix the salary of the city attorney and city judge who shall serve at the
389	388		pleasure of the commission, and shall establish and make provision by ordinance or
390	389		resolution for such other officers, agents, and employees as may be necessary, and for
391	390		this purpose, the commission is hereby fully authorized and empowered to enter into any
392	391		contract of employment with these offices, upon such terms, at such salary and for such
393	392		period of time, as the commission may determine.
394	393		Section 2. Personnel policies and procedures. The City Commission shall adopt
395	394		personnel policies and procedures, if any employees are hired in the city, in compliance
396	395		with state law, and any other applicable provision of state law. Such policies and
397	396		procedures shall be predicated on the basis of merit, efficiency, and fitness for duty, free
398	397		of personal and political considerations. The policies and procedures may be amended
399	398		from time to time by the city commission.
400	399		ARTICLE VII. City Court.
401	400		Section 1. Court established. There is hereby created and established a City
402	401		Court for the City of Ridgeside.
403	402		Section 2. City judge. A city judge shall be appointed by the City Commission to
404	403		serve until the next appointment of said judge with the term of office to be four (4) years.
405	404		The city judge shall be appointed every four (4) years by the commission.
406	405		Section 3. Judge not required to be full-time office. The city judge shall not be
407	406		required to hold office to the exclusion of all other activities and may continue to practice
408	407		law and conduct other business not in conflict with the duties of city judge.
409	408		Section 4. Qualification and compensation of judge.
410	409
411	410
412	411		- 14 - 006603
413	412
414	413		(a) Any person who is a resident of Hamilton County and has attained
415	414		the age of twenty-five (25) years and is an attorney licensed to practice law in
416	415		this state in good standing with the Tennessee Board of Professional
417	416		Responsibility, shall be eligible for the office of city judge. A failure to continue to
418	417		reside in Hamilton County shall result in the judge vacating the office and his/her
419	418		successor shall be appointed by the city commission for the balance of the
420	419		unexpired term.
421	420		(b) The compensation of the judge shall be as fixed by the City
422	421		Commission and shall be paid on a basis to be determined by the commission.
423	422		Such compensation shall not be decreased or increased during the term of office
424	423		of the city judge.
425	424		Section 5. Duties and powers.
426	425		(a) The city judge shall preside over city court, as provided by state law,
427	426		and shall have power and authority to impose fines and forfeitures for violations
428	427		of city ordinances, to preserve and enforce order in the court, and to enforce
429	428		collection of all fines, costs, and forfeitures imposed by the court.
430	429		(b) The judge of the city court shall have the authority to impose a
431	430		monetary penalty in an amount not to exceed fifty dollars ($50.00) for each
432	431		violation of a city ordinance, in addition to court costs as set by ordinance. The
433	432		judge shall have powers and authority granted to municipal court judges by
434	433		general law.
435	434		Section 6. Acting judge; vacancy. The temporary absence or vacancy in the
436	435		office of city judge shall be addressed as provided in the Municipal Court Reform Act, at
437	436		Tennessee Code Annotated, Title 16, Chapter 18, Part 3.
438	437		Section 7. Jurisdiction. Jurisdiction of the city court is as authorized by the
439	438		Municipal Court Reform Act. Accordingly, the Ridgeside City Court has jurisdiction over,
440	439
441	440
442	441		- 15 - 006603
443	442
444	443		and may determine the outcome of, charges contained in citations issued for violations
445	444		of city ordinances.
446	445		Section 8. Costs. Court costs shall be set by ordinance by the Board of
447	446		Commissioners, as required by state law.
448	447		Section 9. Appeals. Appeals from city court shall comply with requirements set
449	448		by state law, at Tennessee Code Annotated, Section 16-18-307.
450	449		ARTICLE VIII. City Attorney.
451	450		Section 1. Qualifications. A city attorney shall be appointed by and serve at the
452	451		pleasure of the city commission. The attorney shall be at least twenty-five (25) years
453	452		old, a resident of Hamilton County, licensed to practice law in the courts of this state,
454	453		and in good standing with the Tennessee Board of Professional Responsibility.
455	454		Section 2. Duties. It shall be the duty of the city attorney to direct the
456	455		management of all litigation in which the city is a party; represent the city in legal matters
457	456		and functions and proceedings of any nature, including the function of prosecuting
458	457		attorney in the city court; attending meetings of the City Commission if requested;
459	458		advising the commission as to legal questions affecting the city's interests; and
460	459		approving, in writing, all contracts, deeds, bonds, ordinances, resolutions, and other
461	460		documents to be signed in the name of the city. The commission may, from time to time,
462	461		also obtain the services of such additional attorneys at law as it deems necessary and
463	462		appropriate.
464	463		Section 3. Additional qualifications, salary, term of office. Additional
465	464		qualifications, if any, salary, and the term of office of the city attorney shall be fixed by
466	465		the City Commission.
467	466		ARTICLE IX. Finance.
468	467		Section 1. Fiscal Year. Unless otherwise provided by state law, the city shall
469	468		operate on a fiscal year beginning July 1 and ending June 30.
470	469
471	470
472	471		- 16 - 006603
473	472
474	473		Section 2. Budget. The adoption of an annual budget shall be a prerequisite to
475	474		the appropriation of money for municipal purposes and the levy of property taxes.
476	475		ARTICLE X. Taxation and Revenue.
477	476		Section 1. Subjects and objects of taxation. The City of Ridgeside is hereby
478	477		expressly empowered to assess, levy, and collect taxes upon all property and privileges
479	478		within its limits, which are or shall hereafter be taxable by the laws of the State of
480	479		Tennessee, and to assess, levy, and collect taxes on any and all subjects or objects of
481	480		taxation, either for general or special purposes, not expressly prohibited by general laws
482	481		of the State of Tennessee.
483	482		Section 2. Tax levy. It shall be the duty of the treasurer, as soon as the
484	483		assessment roll in each year is ready for the extension of taxes, to produce the same or
485	484		a true copy thereof before the city commission and to certify the total amount of
486	485		valuation or assessment of the taxable property within the limits of the municipality, and
487	486		the city commission shall thereupon proceed to make the proper levy, to meet the
488	487		expenses of the city for the fiscal year, and cause the said levy to be entered upon the
489	488		tax list of the current year.
490	489		Section 3. Tax due date. All taxes shall be due and payable at such times as
491	490		may be provided by ordinance or state law but unless otherwise provided by ordinance
492	491		or state law, the same shall be due and payable on the first day of October of the year
493	492		for which taxes are assessed.
494	493		Section 4. Penalty and interest. On the first day of March of the year following
495	494		that for which taxes are assessed, or on such other date as may be provided by
496	495		ordinance, a penalty of one-half of one percent (0.5%) and interest of one percent (1%)
497	496		shall be imposed upon all taxes remaining unpaid. An additional penalty of one-half of
498	497		one percent (0.5%) and additional interest of one percent (1%) shall be added for each
499	498		month thereafter until the same is paid in full.
500	499
501	500
502	501		- 17 - 006603
503	502
504	503		Section 5. Distress warrants collection. After taxes become delinquent, the tax
505	504		books in the hands of the city treasurer shall have the force and effect of a judgment and
506	505		execution from a court of record, and the county trustee or collector shall have the power
507	506		to issue distress warrants, in the name of the City of Ridgeside, to enforce the collection
508	507		of said taxes against the person owning the property for which the taxes are assessed,
509	508		and shall be ample authority for all lawful authorities having such delinquent taxes for
510	509		collection to distrain and sell a sufficient amount of the personal property to satisfy the
511	510		delinquent taxes, interest, penalties, costs, and attorneys' fees.
512	511		Section 6. Delinquent tax collections. All municipal taxes on real estate within
513	512		the City of Ridgeside, and all penalties, interest, and costs accruing thereon, are hereby
514	513		declared to be a lien on said real estate from and after January 1 of the year for which
515	514		the same are assessed, and for the purpose of enforcing collection of said taxes and
516	515		liens securing the same, the city commission may direct the treasurer to certify to the
517	516		trustee of Hamilton County for collection a list of all real estate upon which municipal
518	517		taxes remain due and unpaid, and the same shall be sold in like manner and upon the
519	518		same conditions as real estate is sold for delinquent state and county taxes. Or, the city
520	519		commission may by proper action direct the city attorney to institute separate actions to
521	520		enforce collection of delinquent taxes due the city, in which event the treasurer shall
522	521		certify a list of all real estate upon which municipal taxes remain due and unpaid to the
523	522		city attorney, who in turn shall file proper bills to enforce the liens of taxes due the
524	523		municipality under the provisions of the present statutes, or any future laws in such
525	524		cases made and provided.
526	525		Section 7. Improvement and service liens. The city commission shall have the
527	526		authority in like manner to file bills in the chancery court of Hamilton County for the
528	527		collection of assessments and levies made for payment of improvements or service in
529	528		said city, such as paving, sidewalk, curbing, gutters, sewers, and other improvements for
530	529		which assessments may be made under this charter, the cost of which is made a charge
531	530
532	531
533	532		- 18 - 006603
534	533
535	534		on property owners abutting said improvements and a lien on abutting property; the suits
536	535		thus commenced to be conducted as other suits in chancery for the enforcement of
537	536		similar liens.
538	537		Article XI. Transition and Severability.
539	538		Section 1. Gender. Whenever, in this charter, "man, men, him, his, he," or their
540	539		related pronouns may appear either as words or as parts of words, they have been used
541	540		for literary purposes and are meant in their generic sense "i.e., to include all humankind,
542	541		both female and male sexes."
543	542		Section 2. State and Municipal Laws. All city ordinances, resolutions, orders
544	543		and regulations which are in force when this charter becomes fully effective are repealed
545	544		to the extent that they are inconsistent or interfere with the effective operation of this
546	545		charter or of ordinances or resolutions adopted pursuant thereto. To the extent that the
547	546		constitution and laws of the State of Tennessee permit, all laws relating to or affecting
548	547		this city or its agencies, officers, or employees which are in force when this charter
549	548		becomes fully effective are superseded to the extent that they are inconsistent or
550	549		interfere with the effective operation of this charter or of ordinances or resolutions
551	550		adopted pursuant thereto.
552	551		Section 3. Severability. If any provision of this charter is held invalid, the other
553	552		provisions of the charter shall not be affected. If the application of the charter or any of
554	553		its provisions to any person or circumstance is held invalid, the application of the charter
555	554		and its provisions to other persons or circumstances shall not be affected.
556	555		SECTION 2. Nothing in this act shall be construed to remove any incumbent from office
557	556		nor abridge the term, nor alter the salary of any incumbent prior to the end of the term for which
558	557		such elected official was selected, as prescribed in Article XI, Section 9 of the Constitution of the
559	558		State of Tennessee.
560	559
561	560
562	561		- 19 - 006603
563	562
564	563		SECTION 3. This act shall have no effect unless it is approved by a two-thirds (2/3) vote
565	564		of the legislative body of the City of Ridgeside. Its approval or nonapproval shall be proclaimed
566	565		by the presiding officer of the legislative body and certified to the secretary of state.
567	566		SECTION 4. For the purpose of approving or rejecting the provisions of this act, it shall
568	567		be effective upon becoming a law, the public welfare requiring it. For all other purposes, it shall
569	568		become effective as provided in Section 3.
570	569