AN ACT to revise the charter for the _____ of
___________________.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Chapter No. _____ of the Private Acts of Tennessee of _______, which is the
charter of the ____ of _________________, and all acts amending it, are amended to read as follows:
ARTICLE 1
CORPORATE EXISTENCE AND POWERS
Section 1.01. Continuation of corporate existence and general powers. The ____ of
_________________ is continued as a municipal corporation with this act as its charter. Ordinances and
other actions taken under previous charters that are continuing or have a permanent or penal effect are
continued until changed. The ____ has perpetual succession and may sue and be sued and plead and be
impleaded in all courts of the state. The ____ may have a corporate seal.
Section 1.02. City limits. The boundaries of the ____ are those fixed in the previous charter and
by annexation ordinances or boundary contractions adopted since then.
Section 1.03. Specific corporate powers. (a) The ____ may:
(1) Levy and collect property taxes.
(2) Levy and collect taxes on privileges when this is not prohibited by the state constitution or
general law.
(3) Appropriate money.
(4) Make special assessments for any local improvements.
(5) Contract and be contracted with.
(6) Issue debt as authorized by general law.
(7) Expend money for lawful purposes.
(8) Acquire, hold, maintain, improve, sell, lease, mortgage, pledge, and otherwise dispose of real or
personal property, including any estate or interest, within or outside the ____ or state.
(9) Condemn any interest or estate in real or personal property, within or outside the ____ , for
present or future public use.
(10) Hold property located in or outside the ____ in trust and administer trusts for the public benefit.
(11) Acquire, own, sell, lease, mortgage, pledge, or otherwise dispose of any public utility or any
estate or interest in any public utility that is or will be of service to all or part of the ____.
(12) Own, operate, and maintain any public utility or any estate or interest in any public utility that is
or will be of service to all or part of the ____.
(13) Grant franchises for the provision of public utilities and public services. A franchise may be
granted for a term up to twenty-five (25) years. The power to grant franchises embraces the right
to grant exclusive franchises. When an exclusive franchise is granted, it shall be exclusive
against all other entities, including the ____. The _______________________________ may
prescribe, unless prevented by law, the rates, fares, charges, and regulations that may be made by
the franchisee. Franchises may by their terms apply to territory within the____ on the date the
franchise is executed and to territory later annexed or added, and to existing
and later opened streets, alleys, and public ways.
(14) Make contracts for the provision of public utilities and public services. These contracts may have a
term up to twenty-five (25) years. The power to make these contracts embraces the power to make
exclusive contracts. When an exclusive contract is made, it shall be exclusive against all other
entities, including the ____. The __________________________________ may prescribe, unless
prevented by law, the rates, fares, charges, and regulations that may be made by the contractor.
These contracts may by their terms apply to territory within the ____ on the date the contract is
executed and to territory later annexed or added, and to existing and later opened streets, alleys,
and public ways.
(15) Prescribe reasonable regulations regarding the construction, maintenance, equipment, operation,
and service of public utilities; compel reasonable extensions of facilities for these services; and
assess fees for the use of or impact upon these services.
(16) Do any lawful thing necessary to provide and maintain safe, adequate, and clean streets,
sidewalks, alleys, parks, libraries, schools, fire stations, police stations, public marketplaces,
wharves, bridges, viaducts, subways, tunnels, sewers, drains, and other public facilities within or
outside the ____ , regulate their use, and assess fees for the use of or impact on these facilities.
(17) Collect and dispose of drainage, sewage, ashes, garbage, refuse, or other waste, or license and
regulate their collection and disposal. The cost of collection, regulation, and disposal may be
funded by taxation, special assessments, user fees, impact fees, or other charges.
(18) License and regulate businesses, trades, professions, and occupations not prohibited by law and
impose license fees and taxes on them.
(19) Regulate or prohibit and abate any conduct or use of property that is inimical to the public health,
safety, or welfare, and exercise general police powers.
(20) Enact zoning regulations.
(21) Provide and maintain charitable, educational, recreative, curative, or detentive institutions,
departments, and services.
(22) Enforce any ordinance by fine, forfeiture, and penalty, and by other action in any court of
competent jurisdiction.
(23) Establish an educational system.
(24) Regulate, tax, license, and suppress the keeping or going at large of animals, provide an animal
shelter, impound animals, and , in default of redemption, sell, give away, or dispose of them.
(25) Call elections as provided in this charter.
(26) Provide insurance to officers and employees.
(27) Exercise any power this charter could enumerate as fully and completely as if those powers were
specifically enumerated.
(b) In carrying out the powers granted in this charter, the council shall use an ordinance for any matter of
a permanent or penal nature but may use a resolution for any administrative, temporary, or other matter.
ARTICLE 2
CITY COUNCIL
Section 2.01. Elections. The serving councilmembers shall continue to serve until the next
regular November general state election that occurs on or after the expiration of their terms. At this
election these posts will be filled for a term of four (4) years. Subsequent elections will be held with the
general November state election. Elections of councilmembers will be at-large until changed by
ordinance. The number of council candidates receiving the highest number of votes corresponding to the
number of positions to be filled will be declared elected. Persons elected will be sworn in at the
beginning of the next scheduled meeting of the council. At this same meeting the council shall select one
of its members to serve as mayor for a two year term. The board may by ordinance change the date of
elections.
Section 2.02. Composition. The present composition of the city council is continued. The
number of council positions may be changed by ordinance, to be effective with any subsequent election,
but may not be fewer than three (3) nor more than nine (9).
Section 2.03. Residence requirements. (a) A person must have resided in the ____ for at least
one (1) year immediately preceding the date of the election to qualify to run for council. Residence in an
annexed area counts in meeting this residency requirement. If councilmembers are elected from districts,
a person must reside in the district to qualify for election and to serve.
(b) The mayor or any councilmember moving outside the ____ during the term of office, or outside a
district if elections are from districts, automatically vacates the office, which shall be filled as provided in
this charter.
Section 2.04. Districts authorized. The council may by ordinance provide for the election of
councilmembers by district. If the council provides for elections by district, it shall by ordinance create
contiguous single-member districts equal to the number of councilmembers. The districts must be
equitably apportioned according to population. The establishment of districts and the fixing of their
boundaries must be accomplished at least twelve (12) months before the next regular city election at
which councilmambers are to be elected by district, and any change in district boundaries must also be
accomplished within this time limitation. The council must reapportion the districts once in each ten (10)
years. One (1) councilmember shall be elected from each district. The ordinance establishing districts or
an amendment to the ordinance may provide that each district councilmember will be chosen by an atlarge vote or only by the voters of the district. The ordinance providing that councilmembers be chosen by
district may include any reasonable transition provisions necessary to provide either for staggered or
nonstaggered terms for councilmembers.
Section 2.05. Duties of the mayor. The mayor:
(1) Shall preside at meetings of the council.
(2) Shall act as ceremonial head of the ____.
(3) May call special meetings of the council. The mayor shall state the matter or matters to be
considered at the special meeting, and the action of the council is limited to the stated matter or
matters.
(4) Shall countersign checks and drafts and sign all contracts and other documents to which the ____
is a party.
(5) May make motions and vote on all matters coming before the board but has no veto power.
(6) Shall make appointments to boards and commissions as authorized by state statute or ordinance.
(7) Shall perform other duties required by the council.
Section 2.06. Vice mayor. The council shall elect a councilmember as vice mayor, who shall
serve as mayor when the mayor is absent. When there is a vacancy in the office of mayor, the vice
mayor shall serve as mayor until the next regular municipal election.
Section 2.07. Vacancies. (a) The council shall fill a vacancy in the office of councilmember for
the unexpired term by an affirmative vote of a majority of the remaining councilmembers, but any
portion of the unexpired term extending beyond the next municipal election shall be filled by the
voters at that election if the vacancy occurs at least twenty (20) days before the latest time for filing
nominating petitions for candidates in that election.
(b) Elections by the council to fill vacancies shall be by voice vote on the calling of the roll. If a
tie vote occurs, the presiding officer shall vote a second time to break the tie.
Section 2.08. Compensation. The compensation of all officers shall be established in the
ordinance adopting the annual budget and capital program. The mayor’s compensation may not be
diminished during the mayor’s term of office.
ARTICLE 3
ORDINANCES AND RESOLUTIONS
Section 3.01. Procedure. An ordinance must be considered and passed on two (2) separate days
to be effective. A resolution or any other form of council action may be considered and adopted in
one (1) day. Any form of council action, to be effective, must be passed by a majority of the members
present if there is a quorum. A quorum is a majority of the authorized membership of the council. The
recorder or the recorder’s designee shall record all votes on all forms of council action.
Section 3.02. Publication of penal ordinances. Each ordinance of a penal nature, or its caption,
shall be published after its final passage in a newspaper of general circulation in the ____. No such
ordinance may take effect until the ordinance or its caption is published.
ARTICLE 4
OFFICERS AND DEPARTMENT HEADS
Section 4.01. City manager. (a) The city council shall appoint a city manager, who
serves at the pleasure of the council. The city manager shall report and be responsible to the council,
but the council may delegate this supervisory authority to the mayor.
(b) The city manager shall:
(1) Administer the business of the ____;
(2) Hire and supervise, and, when necessary, discipline or terminate from employment all
department heads and other employees of the ____ except as otherwise provided in this charter. The
city manager may delegate these employment and supervisory responsibilities for departmental
employees to department heads;
(3) Make recommendations to the council for improving the quality and quantity of public
services provided by the ____;
(4) Keep the council fully advised on the conditions and needs of the ____;
(5) Report to the council the condition of all property, real and personal, owned or controlled by
the ____ and recommend repairs or replacements as needed;
(6) Recommend to the council and suggest the priority of programs or projects involving public
works or public improvements that should be undertaken by the ____;
(7) Act as purchasing agent. The city manager may delegate this responsibility to another
employee or employees;
(8) Act as budget officer, prepare and submit to the council an annual budget and capital program,
and keep the city council advised of the financial condition and needs of the ____;
(6) Recommend specific personnel positions and propose personnel policies and procedures for
approval by the council; and
(7) Perform other duties required by the council.
Section 4.02 City recorder. (a) The city manager may appoint a city recorder, who also
may be appointed to the positions of finance director or treasurer, or both. If the city manager does
not appoint a recorder, the city manager shall serve as recorder.
(b) The recorder or the recorder’s designee must be present at all meetings of the council and
keep a full and accurate record of all business transacted by the council to be preserved permanently.
(c) The recorder or the recorder’s designee shall have custody of the city seal, public records,
original rolls of ordinances, ordinance books, minutes of the board, contracts, bonds, title deeds,
certificates, official papers, all official indemnity or security bonds, oaths and affirmations and all
other official records and papers and documents and preserve them in the recorder’s office or in
another storage place designated by the council. The recorder or the recorder’s designee shall register
these documents by numbers, dates, and contents and keep an accurate and modern index of these
materials. These public records and materials are the property of the ____.
(d) The recorder shall provide, copy, and, when required by any officer or person, certify copies
of records, papers, and documents in the recorder’s custody. Fees for copying and certification shall
be charged as established by ordinance or resolution.
Section 4.03. City court and city judge. (a) A city court is created to be presided over
by a city judge. The council shall appoint the city judge. The city judge must meet the qualifications
established by the council by ordinance.
(b) In the absence or disability of the city judge, the mayor may appoint a qualified person to
serve as city judge until the next meeting of the city council, at which the mayor’s appointment may
be approved or at which the council may appoint another qualified person to serve until the city judge
returns.
(c) The city judge may impose fines for ordinance violations and may also impose costs and
forfeitures. The judge may preserve and enforce order in the court and enforce the collection of all
fines, costs, and forfeitures imposed.
(d) Fines and costs may be paid by installment in a manner provided by ordinance. The city judge
may forgive, with or without condition, fines and costs imposed for an ordinance violation. The city
judge shall make a monthly report to the board of all fines, costs, and litigation taxes collected, and
transmit these revenues to the municipal treasury.
Section 4.03. City attorney. The city council shall appoint a city attorney, who must be
licensed to practice law in the state. The city attorney shall attend meetings of the council and provide
legal advice on municipal matters to the council and other officers. The city attorney shall perform
other duties required by the council.
Section 4.04. Treasurer. The city manager may appoint a treasurer and may appoint the
recorder as treasurer. If the city manager does not appoint a treasurer, the city manager shall serve as
treasurer. The treasurer shall collect, receive, and issue receipts for taxes and all other revenue and
monies coming into the ____’s possession, and disburse them.
Section 4.05. Director of finance. The city manager may appoint a director of finance
and may appoint the recorder as director of finance. If the city manager does not appoint a director of
finance, the city manager shall serve as director of finance. The director of finance shall:
(1) Exercise general supervision over the fiscal affairs of the ____.
(2) Exercise general accounting supervision over all assets, property, and claims.
(3) Act as general accountant and auditor of the ____.
(4) Cause an efficient system of accounting to be installed and maintained.
(5) Require proper fiscal accounts, records, settlements, and reports to be made, kept, and
rendered by the departments of the ____ .
(6) Provide monthly financial reports to the council.
(7) Prescribe and regulate the manner of paying creditors, officers, and employees of the ____.
(8) Perform other duties assigned by the council.
SECTION 2. This act has no effect unless it is approved by a two-thirds (2/3) vote of the
authorized membership of the ________________________________________ of the ____ of
__________________________. Its approval or non-approval shall be proclaimed by the Mayor and
certified to the Secretary of State.
SECTION 3. For purposes of approving or not approving of this act, it shall take effect upon
becoming a law, the public welfare requiring it. For all other purposes, it takes effect upon being
approved as provided in Section 2.