CHARTER FOR THE CITY OF LENOIR CITY, TENNESSEE Acts which did not expressly or in effect amend any particular section or part of the basic charter, but which supplemented it, have been placed after the basic charter act as "Related Private Acts."

CHAPTER NO. 127

House Bill No. 370

(By Mr. Goodwin)

"AN ACT to repeal the charter of `Lenoir City,' Loudon County, Tennessee, a municipality incorporated under and by virtue of the general laws of Tennessee, and to reincorporate said town; to define its rights and powers; to provide for the creation of a Board of Mayor and Aldermen and the election of their successors; to allow the said town to contract an indebtedness equal to 35 per cent of the assessed valuation of the property within said town, for the purpose of erecting public buildings, including the erection and equipment of school buildings, constructing and maintaining public sewers, for the purpose of grading and improving streets and sidewalks, for the purpose of constructing bridges and their approaches, for the purpose of constructing or purchase, improvement and operation of a waterworks system and for, the purpose of providing for lighting the public streets and thoroughfares and all public buildings and also for the purpose of allowing and permitting the city to furnish electric lights, electric power or electric energy to the inhabitants and residents of said municipality; to submit to the qualified voters of the said town whether indebtedness for the same shall be contracted and for the issuance of bonds for the same and for the redemption of the bonds; the assessment and collection of taxes and for permitting the city to have its own light and power system bond for the purpose of furnishing electricity or power to the city for its public streets and buildings and also to sell and distribute the same to its citizens; and for other appertaining purposes."

TABLE OF CONTENTS

SECTION PAGE

1. Old charter repealed

2. Incorporation, name and general powers

3. Deleted

4. Corporate limits

5. Governing authority; qualifications of members; quorum

6. First officers

7. Elections; term of office of alderman and city recorder/

treasurer; qualifications for voting

8. Oath of office required of mayor and aldermen; meetings of council;

salaries of officials elected by council; policemen; sureties on bonds;

city recorder/treasurer

9. City school board; borrowing for school purposes

9a. Utilities board

10. Mayor

11. City recorder; city court and judge

12. City tax book; collection of taxes

 

SECTION PAGE

13. Property taxes

13a. Admissions tax

14. City treasurer

15. Delinquent property taxes

16. Merchants' privilege and ad valorem taxes

17. Policemen

18. Powers and duties of city council

19. City attorney

20. County school funds

21. Borrowing

22. Power and light system

23. Miscellaneous powers enumerated

24. Intoxicating liquors

25. Catch-all powers of city council

25(A). Labor organizations

25(B). Civil service

26. Eminent domain

27. Misdemeanors of state adopted

28. Existing bylaws and ordinances

29. Assets and liabilities of old corporation

30. Charter as evidence

SECTION PAGE

31. Ordinances, bylaws, resolutions, etc., as evidence

32. Conflicting laws repealed

33. Date of effect

Old Charter Repealed

Section 1.  Be it enacted by the General Assembly of the State of Tennessee, That the Charter of incorporation of "Lenoir City" in Loudon County, Tennessee, be and the same is hereby repealed and that said Lenoir City be and hereby is granted the following charter of incorporation.

Incorporation, Name and General Powers

Sec. 2.  Be it further enacted, That said "Lenoir City" and the inhabitants thereof are hereby constituted a body politic and corporate by the name and style "City of Lenoir City" and by such name and style shall have perpetual succession; may sue and be sued, contract and be contracted with, plead and be impleaded in all Courts of law and equity; may purchase and receive by gift or otherwise and hold property, real, personal and mixed within or beyond the corporate limits, to be used for the burial of the dead, for necessary public improvements or other corporation purposes or for purposes necessary for or beneficial to the health and well being of the citizens of said town and may sell, lease or in any other manner dispose of said property as hereinafter provided for the benefit of the town, and may have and use a common seal.

Sec. 3.  [As deleted by Ord. #____, Aug. 1982.]

 

 

Corporate Limits January 23, 1989, page 616; January 23, 1989, page 616.

Sec. 4.  Be it further enacted, That the corporate limits of said city of Lenoir City shall be, and hereby are, defined and established as follows: Beginning at a point on the South right-of-way line of the Southern Railway at its intersection with the west property line of Glendale Street produced; thence in an easterly direction 900 feet, more or less, with said Southern right-of-way line to its intersection with the center line of K Street produced; thence S. 36 degrees 45 minutes E. 1130 feet, more or less, to the South line of the car works property line; thence North 53 degrees east with the South line of said car works property, one thousand five hundred sixty-five (1565) feet to an iron pin in the car works property line; thence in a northeasterly direction to the northwest corner of the new or present ball park; thence south 40 degrees east 465 feet to the northwest corner of the line of the city water works plant; thence with the west line of the said water works plant 450 feet to the Southwest corner of said property; thence southwardly to the west line of the old intake or old pump station of the water works plant on the north bank of the Tennessee River; thence in an easterly direction along the northern bank of the Tennessee River with its meanders to a point formed by the West line of the old Warehouse, on the Bussel's Ferry Road produced; thence in a northerly direction with the West property line of the Bussell's Ferry Road, 1950 feet, more or less, to the south right-of-way line of the Southern Railway; thence in an easterly direction along the South right-of-way line of said railway 2466 feet, more or less to a stake; thence north 37 deg. west to a point on the northern right-of-way line of the Southern Railway Company; thence north 34 deg. east 940 feet to an iron pipe; thence north 37 deg. west 1574 feet to an iron pipe; thence south 53 deg. w. 900 feet to a stake in the alley back of Second Avenue; thence South 53 degrees West 1160 feet to a stake near the railroad; thence North 52 degrees west 300 feet to a stake; thence north 30 degrees east 265 feet to a stake; thence north 67½ degrees west 500 feet to an iron beam; thence south 80¼ degrees west 1565 feet to north wall of old Town Creek Mill Dam above Tyson Park; thence crossing Town Creek at Old Mill Dam; thence south 63 degrees west 180 feet to Magnet Point Road; thence up said road with its various meanders 1100 feet to the juncture of said road with Kingston Pike and thence up Kingston Pike south to the point of intersection with the south property line of Tenth Avenue; thence to a point formed by the intersection of the west property line of Kingston Street with the south property line of Tenth Avenue; thence in a westerly direction along the south property line of Tenth Avenue 142 feet, more or less to a point; thence S. 37 degrees 15 minutes E. 324 feet, more or less, to the center line of Ninth Avenue; thence in a westerly direction along the center line of Ninth Avenue 2793 feet, more or less, to a point at the intersection of the west property line of "G" Street; thence in a southerly direction along the west property line of said "G" Street 1370 feet, more or less to the intersection of the center line of Fifth Avenue; thence in a westerly direction along the center line of Fifth Avenue 1025 feet, more or less, to a point at the intersection of the center line of "K" Street; thence in a southerly direction along the center line of "K" Street 1068 feet, more or less, to a point at the intersection of the center line of Second Avenue; thence in a westerly direction along the center line of Second Avenue 875 feet, more or less, to a point at the intersection of the west property line of Glendale Street; thence in a southerly direction along the west property line of Glendale Street 954 feet, more or less, to the point of beginning on the south right-of-way line of the Southern Railway Company. Specific reference is made to Payne's map of Lenoir City, Tennessee, for the more exact location of the aforesaid streets and avenues. [As amended by Priv. Acts 1945, ch. 2]

Governing Authority; Qualifications of Members; Quorum

Sec. 5.  Be it further enacted, That the governing authority of said City of Lenoir City shall be, and hereby is, vested in a Mayor and six Aldermen, who shall constitute and be known as the "City Council"; and the said Mayor and Aldermen shall be elected by the qualified voters of Lenoir City, at the times and in the manner hereinafter provided for. No person shall be eligible to membership in said City Council unless he is at least 25 years old, a citizen of Tennessee, a qualified voter in Loudon County, and has been a resident of Lenoir City at least one year before the day of his election as such. Four of said Aldermen, together with the Mayor, shall constitute a quorum for the transaction of business; and in the absence of the Mayor five of the Aldermen shall constitute a quorum, one of whom shall preside as hereinafter provided.

 

 

First Officers

Sec. 6.  Be it further enacted, That W. D. Padget as Mayor and R. C. Alford, A. S. Barnett, P. L. Brooks, L. C. Lancaster, L. A. Lowrie and Julian M. Palmer as Aldermen, shall be and constitute the first City Council under this charter and shall hold their offices until their successors shall be elected and qualified under the provisions hereof. The present City Recorder, Treasurer, Marshal and City Attorney shall hold their offices until their successors are elected and qualified.

Elections; Term of Office of Alderman and City

Recorder/Treasurer; Qualifications for Voting

Sec. 7.  Be it further enacted, The terms of office for Aldermen and City Recorder/Treasurer shall be as follows:

1. Aldermen: 4 years

2. City Recorder/Treasurer: 4 years

At the fist regular election held under the provisions hereof, three (3) of the Aldermen shall be elected for a term of two (2) years and three (3) shall be elected for term of four (4) years. Thereafter, three (3) Aldermen shall be elected for four (4) year terms at every regular election. The City Recorder/Treasurer shall be elected to a four (4) year term at the next regular election following the expiration of the incumbent's term.

Regular City elections shall be held on the third Thursday in the month of April, with the first such election to take place April 21, 1983. Such elections shall be held at the usual voting place within the municipal boundaries, in accordance with State Election Laws.

All incumbent elected officials shall continue to hold their offices until their successors are elected and qualified hereunder.

In case of a vacancy in the office of Mayor or Aldermen, the City Council shall fill same by election. Removal from Lenoir City shall vacate the office of Mayor or Aldermen.

All persons residing within the corporate limits of the City, who are, at the time of the election, qualified to vote for members of the General Assembly of Tennessee, shall be entitled to vote.

The said Commissioners of Elections shall within three days after said election deliver to those elected certificates of election. [As amended by Priv. Acts 1941, ch. 407, sec. 1, and Ord. #____, Aug. 1982]

Oath of Office Required of Mayor and Aldermen;

Meetings of Council; Salaries of Officials Elected by Council;

Policemen; Sureties on Bonds; City Recorder/Treasurer

Sec. 8.  Be it further enacted, That within three days after receiving their certificates of election the Mayor and Aldermen under the provisions thereof, and the City Council named herein, as soon as practicable after the passage of this Act, shall assemble at the usual meeting place of the Mayor and Aldermen, under the charter which is hereby repealed, at 7 o'clock p.m., and qualify before some Justice of the Peace, the Mayor elect taking and subscribing the following oath: "I, , do solemnly swear that, as Mayor of Lenoir City, I will faithfully and impartially, without fear or favor, discharge the duties imposed upon me by law and by the ordinances of Lenoir City, to the best of my skill and ability, so help me God." And the Aldermen-elect taking and subscribing the following oath: "I, , do solemnly swear that, as Aldermen of Lenoir City, I will perform the duties imposed upon me by law and by the ordinances of Lenoir City, to the best of my skill and ability, so help me God."

Within three days after their qualifications as above specified the City Council shall hold its first meeting, and at said first meeting shall fix the time of its regular meetings, which shall not be oftener than twice a month; shall fix the salaries of the officials to be elected by the City Council, as hereinafter provided for, and which shall not be changed during the term for which they are elected; and shall, at said first meeting, unless postponed until the next meeting, for good cause shown, elect a City Marshal, who shall not be a member of the City Council, nor connected, either by consanguinity or affinity, with any member of said City Council and he shall hold his office for as long a time as the Council may determine when it makes his election.

In other words, the Marshal shall not be elected for any definite length of time and it shall not be necessary to show cause for the removal of the Marshal, upon his being elected on the terms as herein set out. He shall hold his office according to these terms and until his successors are elected and qualified. The City Council is also given the authority to hire a night policeman or additional policeman but they shall be elected on the same conditions and terms as are herein set out for the Marshal or Chief of Police.

No member of the City Council shall become a surety on the official bonds of any of said officers.

The powers and duties of the City Recorder/Treasurer shall be as follows:

1. The City Recorder/Treasurer shall be charged with all the duties and responsibilities imposed upon him by the statutes of the state of Tennessee, this Charter, and the ordinances of the City of Lenoir City.

2. He shall keep the City tax records, books, and other documents in connection therewith, with the names of the taxpayers, the description of property, and assessed values from the books of the County assessment, after the County and State Boards of Equalization have passed upon same, (but in so doing, he may make any necessary and proper corrections as to the description of the property and separate the property within corporate limits from that without.) When the tax books are completed, he shall give public notice of the time taxes are due and payable, and after which time taxes will become delinquent.

3. He shall account for all moneys coming into his hands as City Recorder in accordance with applicable law, and keep full records thereof in accordance with accepted accounting procedures.

4. He shall make a full report of the financial condition of the City to the City Council at least once per month at a regular or special meeting of City Council.

5. He shall keep and record the minutes of all meetings of City Council and preserve the same as permanent records of the City.

6. He shall take all necessary steps to collect delinquent taxes owed to the City in accordance with applicable law.

7. He shall be charged with all duties and responsibilities and enjoy all privileges of the offices of City Recorder and City Treasurer under the provisions of Chapter 127, Private Acts of Tennessee for 1933, as amended, except where it conflicts with the provisions hereof, and provided, further that he shall not act as City Judge.

Any other duties given in this Charter to the City Recorder or the City Treasurer shall be the duties of the Recorder/Treasurer and all references to the City Recorder of the City Treasurer shall be references to the Recorder/Treasurer. In addition to the duties herein set out, the City Council has the authority and right and power to impose any additional duties on the City Recorder/Treasurer that the said City Council may from time to time believe to be proper and necessary. [As amended by Priv. Acts 1937, ch. 669 and 670, Priv. Acts 1949, ch. 454, Priv. Acts 1951, ch. 49, and Ord. #____, Aug. 1982]

City, School Board; Borrowing for School Purposes

Sec. 9.  Be it further enacted, That, beginning with the next regular biennial election, which will be held on the third Thursday in the month of April, 1989, the Election Commissioners of Loudon County, Tennessee, in calling an election for the City of Lenoir City, Tennessee, shall provide for the election of a City School Board in the same way and in the same manner and on the same ticket as that provided for other City officials. Such election shall be held thereafter biennially. The school board shall consist of five members, each of whom shall be elected to serve for a term of four years. In addition to the five elected members, the Mayor of the City of Lenoir City, Tennessee, shall be an ex officio, non-voting member of the School Board. At the first regular election held under this provision in April, 1989, two (2) school board members shall be elected for a two (2) year term and one (1) school board member shall be elected for a term of four (4) years. Thereafter, each school board member shall be elected for a term of four (4) years at every regular election. All members of the School Board, including those members holding office at the time of the adoption of this Act, may be elected to succeed themselves in office. The School Board shall choose one of its elected members to serve as Chairman of the School Board. The City School Board is hereby authorized to make rules and regulations for the government of the schools of Lenoir City, Tennessee, including plans of instruction and organization, and is hereby empowered to employ all persons necessary for proper conduct of the public schools. Said School Board shall have the management and control of all schools now established or that may hereafter be established by the City of Lenoir City, Tennessee.

The City of Lenoir City, Tennessee, may borrow money on short term notes at a rate of interest not exceeding 6% to pay teachers' salaries and the necessary operating expenses of the City Public Schools until County and City taxes for the previous year are collected and the State apportionments of school funds for the current year are received. [As amended by Priv. Acts 1941, ch. 100, Priv. Acts 1943, ch. 241, replaced by Priv. Acts 1947, ch. 474, and amended by Ord. #____, Aug. 1982, and Ord. #1988, Sept. 1988]

Utilities Board

Sec. 9a.  There is hereby created a body to be known as "The Lenoir City Utilities Board" which shall be composed of the six (6) members of the City Council of the City of Lenoir City, Tennessee, together with the Mayor who shall be ex officio chairman of said Board and who shall have the power to vote only in case of a tie vote of the members. A majority of the members of the Board shall constitute a quorum. The City Council shall elect the members of the Board, and the members when so elected shall serve at the pleasure of City Council and may be removed by the City Council at any time with or without cause. The City Council shall have power to fill any vacancy in the Board at any regular meeting or special meeting called for that purpose.

Failure to attend more than two consecutive regular meetings, except in case of sickness or other valid excuse, shall automatically create a vacancy in the Board member's seat. The City Council shall have the sole and complete jurisdiction to determine the validity of such absence, and their decision thereon shall be final and binding.

The Utilities Board shall have the following powers and duties:

1. To fix the dates for their regular meetings at the offices of the Board and to keep a record of all their actions and proceedings.

2. To have the management, control, supervision, and operation of all utilities services provided by the City of Lenoir City.

3. To hire all employees, which in their judgment, are necessary for the efficient management and operation of the utility systems, and to fix the compensation and salaries of such employees.

4. To insure that all customers of the utilities systems are billed promptly and accurately for services furnished, and to take all proper steps for the collection of accounts.

5. To prescribe uniform rules and regulations applicable to all customers alike for the operation of the utility systems.

6. They shall have the right to discharge any employee for failure to perform his or her duties efficiently, or to terminate employment of any employee whose services the Board deems no longer to be necessary.

7. To elect a manager or superintendent to serve at the pleasure of the Board.

8. The Board shall have power to issue warrants upon the City Treasury for all lawful and proper expenditures of the Board and/or to maintain all necessary banking accounts for the efficient operation of the utilities systems. All warrants or checks shall be signed by the manager or superintendent and countersigned by the Mayor.

9. The Board shall keep the City Council informed at all times of the financial condition of the utilities systems.

10. The Board shall have the right and power to make any and all necessary repairs and extensions of the systems when the Board deems appropriate and feasible, either inside or outside the municipal boundaries.

11. The Board shall have power to make any and all necessary purchases of equipment and supplies for the efficient operation of the utilities systems; provided, however, the City Council may be resolution or ordinance require the Board to receive competitive bids at any time.

12. All funds collected by the Board from whatever source shall be handled and accounted for in accordance with law and detailed accountings shall be kept in accordance with accepted accounting practices.

13. The compensation for each of the members of the Board and the Chairman, together with the necessary expenses for each shall be set by the Board, provided that City Council may be resolution or ordinances fix the maximum compensation which may be received by them.

14. The Board shall not lease, sell or encumber any property belonging to the City except in the ordinary course of its business operations except upon approval of the City Council.

15. The Board shall have all other powers incidental to the operation of a utilities system, not in conflict with applicable law or directives of the City Council. [As added by Priv. Acts 1941, ch. 92, Priv. Acts 1943, ch. 242, Priv. Acts 1951, ch. 47, Ord. #____, Aug. 1982, and amended by Ord. #1988, Sept. 1988]

Mayor

Sec. 10.  Be it further enacted, That the duties and powers of the Mayor shall be as follows: He shall, from time to time, give the City Council information relative to the condition of the corporation, and shall, by written message, recommend such measures as he may deem for the best interest of the city; he may remit, in whole or in part, costs and fine imposed for a violation of the ordinances of Lenoir City, but shall make a written report of all such remissions to the City Council at its next meeting, setting forth his reasons therefor; he shall have power to appoint one or more persons to examine into the affairs of any department of the city government whenever he shall deem it necessary; he shall approve, sign, and return all ordinances passed by the City Council before the next meeting thereof; unless he vetoes same, which he has the power to do; and if he vetoes any ordinance, he shall return same to the City Council at its next meeting, with his reason, or reasons, therefor, in writing, and such ordinance shall not become valid unless passed over his veto by the affirmative vote of four of the Aldermen; but if he fails to return an ordinance, with his approval or disapproval, to the next meeting of the City Council after its passage, it shall be valid without his signature. He may call special sessions of the City Council when he deems it

expedient; he shall preside at all meetings of the City Council, and in case of a tie vote between the Aldermen, he shall vote, but not otherwise; in case of the absence of the Mayor at any meeting of the City Council, the Aldermen shall elect one of their members to preside at that particular meeting, and he shall be vested with all the power of the Mayor while so presiding. The Mayor shall have power to suspend any officer of the corporation for misconduct in office or for neglect of duty, reporting his action, with his reasons therefor, in writing, to the next meeting of the City Council, for action thereon by said City Council; and in case of such suspension of any officer, or in case of any vacancy in any office, he may appoint some suitable person to fill such vacancy until the City Council can fill same by election or restoration. He shall be ex officio, a member of all the committees and boards herein provided for, including the School Board; he may, in his discretion, appoint, on special occasions only, any number of Deputy Marshals or extra policemen that he may deem necessary to preserve the peace and good order of the city; and such Deputy Marshals or extra policemen shall, while on duty, be subject to the orders and directions of the City Marshal. He shall sign all orders drawn on the City Treasury for money; and unless so signed, no order shall be a valid claim against the corporation.

City Recorder; City Court and Judge

Sec. 11.  Be it further enacted, That the City Recorder, before entering upon the duties of his office, shall take the oath of office prescribed by the laws of Tennessee for county officers, and shall enter into bond, payable to Lenoir City, in such sum as the City Council may prescribe, not less than One Thousand Dollars ($1,000.00), conditioned as bonds of County Court Clerk. It shall be his duty to collect, by distress if necessary, all merchants' and privilege taxes, issue all licenses for the exercise of any taxable privilege within Lenoir City, keeping proper record of same on the books of his office, to be prescribed and furnished by the City Council; and for his services in this regard shall be entitled to charge and receive from licenses the same fees as are allowed by law to County Court Clerks in Tennessee for like services, and he shall pay over to the Treasurer all public moneys collected by him from the first to the tenth of each month. The fees allowed for the licenses shall be turned over to the City Treasurer for general corporation purposes.

A City Court is hereby created. The City Judge shall be elected by the voters of the City of Lenoir City, Tennessee, in accordance with the laws of the State of Tennessee governing the election of judges in home rule municipalities. In the event of a vacancy in the office of City Judge, the City Council shall select a qualified individual to serve as City Judge until the next biennial City election held more than thirty (30) days after the vacancy in office occurred. At the next City election so occuring, the voters shall elect a City Judge to serve the unexpired portion of the vacated term. The City Judge shall be learned in the law and a licensed attorney in the State of Tennessee.

The Recorder/Treasurer shall be the Clerk of the City Court.

The City Judge shall try all cases properly brought before him for violations of City ordinances or the provisions of this Chapter, including misdemeanors, hereinbefore adopted from state laws.

The City Judge shall have authority to issue warrants for the arrest of persons charged with violations of this Charter and City ordinances under the same conditions as state warrants may be issued.

The City Judge shall hold court at least once every two (2) weeks for the disposition of cases properly brought before him, and may impose such penalties as are prescribed by ordinance together with costs.

He is further empowered to suspend fines and jail sentences, but shall have no power to remit court costs, except for the first offense, or where otherwise prohibited by State law.

The City Judge shall have power to administer oaths or take affirmations like unto that of a judge of a county General Sessions Court.

Before entering upon his duties, the City Judge shall take an oath of office in substance like unto that of a judge of General Sessions Court.

The City Judge shall have power to issue subpoenas for witnesses to appear in City Court, for one side or the other, and shall so do on timely demand by any party, where such demand will not result in delay of a previously scheduled trial.

The City Judge shall not be prohibited from the practice of law, insofar as it does not conflict with his duties as City Judge.

The City Attorney may serve as City Judge.

In addition to the duties already herein set out, the City Recorder shall also serve as secretary to the Purchasing Committee and he shall keep all records and shall do all other things that may be required of him in this capacity. The City Council is hereby given authority to pass any and all ordinances necessary to the proper conduct of the City Purchasing Board and the City Recorder shall be given such other duties as the City Council may by order direct.

Be it further enacted that in addition to the duties herein set out, that the City Council has the authority and right and power to impose any additional duties on the City Recorder that the said City Council may from time to time believe to be proper and necessary. [As amended by Ord. #____, 1982, and Ord. #1988, Sept. 1988]

City Tax Book; Collection of Taxes

Sec. 12.  Be it further enacted, That the City Recorder shall make the City tax book, copying the names of the taxpayers, the description of property, and assessed values from the books of the county assessment, after the County and State Board of Equalization have passed upon same (but in so doing he may make any necessary and proper corrections as to the description of any property and separate the property within corporate limits from that without); and in appropriate columns he shall extend the tax of each taxpayer, including poll taxes, and show the total tax due from each, and the County Court Clerk of Loudon will turn over to the Recorder the assessment books of the district within which Lenoir City is situated for the purpose of copying same as above mentioned.

The Recorder, Treasurer, or any other official of the corporation is empowered to assess any property or polls which may have been overlooked by the Assessor, and place same on the City tax book for collection. When said tax book is completed, which shall be done by the first day of September each year, the Recorder shall turn same over to the City Treasurer, who shall immediately give public notice that the taxes are due, and he shall collect same before the first day of January following, and from and after the first day of January said taxes shall draw interest.

Property Taxes

Sec. 13.  Be it further enacted, That the City Council, at its first meeting in August of each year, is authorized and empowered to levy a tax, not exceeding seventy-five cents on each one hundred dollars' worth of taxable property, at its assessed value, for the purpose of said corporation, exclusive of the tax, which said City Council is hereby authorized to levy in its discretion for schools, interest on debts, and other special purposes; but the entire tax levy for all purposes shall not exceed two dollars on each one hundred dollars' worth of taxable property; provided that if bonds are issued under the provisions of this charter, or provided that in the case where bonds have been heretofore issued, and they are now a liability of this municipality, then this shall not inhibit an additional levy to pay interest on both the new and the old bonds and to provide a sinking fund therefor; and a poll tax, for school purposes, not exceeding one dollar, on all male citizens between the age of twenty-one and fifty years. The County Court of Loudon County is hereby expressly prohibited from levying any tax for highway purposes on property within said corporate limits and from requiring the citizens residing therein to work on public highways.

Admissions Tax Wherever the word "Act" appears in this section it should be interpreted as meaning "section."

Sec. 13a.  (1) Definitions. As used in this Act, "person" includes individuals, firms, partnerships, associations, corporations and municipalities.

"Admission" includes seats and tables, reserved or otherwise, standing room, and other similar accommodations for which charges are made as a condition of the use thereof, for attending or using the facilities of places of amusement, including concerts, theaters, athletic events, circuses, carnivals, swimming pools, motion picture shows, night clubs, wrestling matches, prize fights, dance halls.

"Collector" includes any Recorder, Finance Director, Treasurer, or any Deputy thereof, or other official charged with the duty of municipal tax collection.

(2) Levy of Tax, Rate Thereof, and Use of the Proceeds of the Tax. Be it further enacted, That, for the purpose of providing additional revenue for the City of Lenoir City, Tennessee, and of defraying the expense of administering this Act, there is hereby levied in the City of Lenoir City, Tennessee, a tax of one cent (1¢) for each twenty cents (20¢), or major fraction thereof, on the amount paid for admission to any place of amusement, including admission by season ticket or subscription, the tax to be levied on, and paid by, the person paying for said admission. Provided, however, that in case the amount paid for admission is less than eleven cents (11¢), no tax is imposed; and provided further, that, in the case of free admission for any purposes, no tax is imposed; and, provided further, that, where the amount paid for admission by season ticket or subscription is such that the amount which is charged to the holder thereof or subscriber for single admission under said ticket or subscription is less than eleven cents (11¢), no tax is imposed.

In the computation of the tax levied hereby, any admission or ticket tax paid to any other governmental unit shall be excluded from the charge for admission in determining the applicability or amount of the tax levied hereunder. In the case the admission is determined by a required cover charge or minimum charge of any character, then the tax shall be computed as if the said cover or minimum charge is the cost of admission.

(3) Exemptions. Be it further enacted, That: no tax shall be levied under this Act with respect to any admissions, all the proceeds of which inure

(a) exclusively to the benefit of persons in the military or naval forces of the United States or of National Guard Organizations, if no part of the proceeds inure to the benefit of any promoter or producer thereof.

(b) Exclusively to the benefit of religious, educational or charitable institutions or organizations conducted for the sole purpose of maintaining a cooperative or community center, if no part of the net earnings thereof inures to the benefit of any individual promoter or producer thereof.

(c) Exclusively for the benefit of members of police or fire departments of any municipal corporation or the dependents or heirs of such members.

(d) Exclusively to the maintenance of agricultural fairs, if no part of the net earnings thereof inures to the benefit of any private individual, producer or promoter of the same. Provided, however, that this exemption does not include the exemption of admissions to midways, carnivals or like private enterprises operated in connection therewith.

(e) The tax provided in this section shall be levied, however, in the case of admissions to athletic contests or pugilistic matches or exhibitions or other entertainment, the proceeds of which inure wholly to the benefit of any high school or grammar school supported by public funds of the State of Tennessee or any of its political subdivisions.

(4) The Collection of Tax and Rules and Regulations Therefor. Be it further enacted, That, every person receiving any payment for admission, subscriptions, cover charges or minimum charges, fees, dues or otherwise, which is taxable under this Act, shall collect from the purchaser thereof the tax imposed by this Act and hold the same in a separate fund until paid to the Tax Collector. The municipal governing body of the City of Lenoir City may impose reasonable rules and regulations on such persons or organizations receiving payment of this tax, and are empowered to exercise any other authority reasonably necessary to collect this tax. If the tax imposed by this Act is not paid when due, there shall be added as a part of the tax interest and penalty at the rate of two (2%) per centum per month from the time the tax becomes due until paid.

For the purpose of enforcing the payment of the tax due hereunder, the Tax Collector is hereby given and may avail himself of the process of distraint provided in the case of other tax delinquents. The City of Lenoir City shall also have all other remedies for collecting the taxes imposed under this Act as they have for collecting other taxes.

(5) Proceeds from Tax Levy to be Used for Particular Purpose. Be it further enacted, That, the monies received from the tax hereby levied shall be credited exclusively to the Memorial and Public Building Fund, and shall be available only for the purposes of retiring bonds that may be issued by the City Council of the City of Lenoir City, Tennessee, for the proposed Memorial and Public Building in conjunction with Lenoir City Post No. 70, American Legion, and for paying the interest that will accrue on such bonds, and for expenses in connection with the maintenance and operation of said building.

(6) Liability of Collection for Tax; Tax Lien; Estimated Assessment and Penalty. Be it further enacted, That, any person and organization charged with the collection of a tax herein levied, who fails to collect the same, shall be liable for the full amount of the tax which he should have collected. The taxes imposed by this Act shall be a lien upon all property of any person or organization required to collect and pay the same to the City of Lenoir City, Tennessee. If he shall sell out his business or quit it, he shall be required to make out any report or return required under this Act within thirty (30) days after the sale of such business or retirement therefrom, and his successor in business shall withhold a sufficient amount of purchase money to cover the amount of taxes so collected and unpaid, together with interest and any other liability hereunder, until such time as the former owner shall produce a receipt from the tax collector showing that the taxes due hereunder have been paid in full. The lien hereby fixed shall be enforceable by the tax collectors in the same manner as other tax liens.

Such lien shall be null and void as to existing or subsequent creditors of, or bona fide purchasers without notice from the person or organization required to collect and pay such tax unless the tax collector shall register in the office of the County Register a notice of such tax lien, stating the name of the person owing the tax and the approximate or estimated amount of the tax due.

Such notice to be effective as to real property shall be registered in the county in which said real property is located and to be effective as to personal property it shall be registered in the county where the person owing said tax resides or has his place of business.

The collectors of the tax hereunder are expressly authorized, if not satisfied with the correctness of any return, report or payment hereunder, to make an investigation of the books and records of any person charged with the collection of any tax hereunder, and of any other matter pertinent thereto, and upon discovery of any discrepancy, are authorized to make a deficiency assessment against any person required to collect and pay the tax hereunder, which deficiency assessment shall be accompanied by a ten per cent (10%) penalty assessment. Any such deficiency assessments are collectible and secured as are other taxes hereunder, and are due within ten (10) days after notice thereof is given or sent by registered mail to the person against whom such assessment shall have been made.

For the purpose of ascertaining the correctness of any report, return or payment, hereunder, any person charged with the collecting of the taxes levied hereby shall make all of his books, records and cancelled ticket stubs available for inspection by the collectors at all reasonable times.

The collector of the tax levied hereunder is expressly authorized, if he is not satisfied with the financial responsibility of the person liable for the tax, to require such person to file with the collector in advance of the sale of tickets or the payment of the tax, either cash bond or individual or corporate surety or some other acceptable form of guarantee in an amount deemed necessary by the collector for the protection of the City of Lenoir City in the collection of the tax.

(7) Penalties. Be it further enacted, That, any person charged by this Act with the duty of collecting or paying the taxes hereby imposed, willfully fails or refuses to charge and collect such taxes, or to make the reports and returns required by this Act, or to permit the tax collector or his duly authorized agent to examine his books and other records for the purpose of verifying any return or report or payment pursuant to this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than Twenty-Five Dollars ($25.00), nor more than Five Hundred Dollars ($500.00), and upon conviction of a second or other subsequent offenses shall be fined not less than One Hundred Dollars ($100.00), nor more than One Thousand Dollars ($1,000.00). In case of a violation by a corporation, the officers or directors responsible for such violation shall be subject to the punishment provided herein upon proper indictment.

(8) Be it further enacted, That the provisions of this Act are hereby declared to be severable. If any of its sections, provisions, exceptions, sentences, clauses, phrases, or parts be held unconstitutional or void, or so as applied to any person, then the remainder of this Act shall continue in full force and effect, it being the legislative intent, hereby now declared that this Act would have been adopted even if such unconstitutional or void matter had not been included therein.

(9) Be it further enacted, That all laws or parts of laws in conflict with this Act be, and the same are hereby repealed, and this Act shall take effect from and after its passage, the public welfare requiring it, but no tax levied hereunder shall be due or payable until April 1, 1949. [As amended by Priv. Acts 1949, ch. 723]

City Treasurer

Sec. 14.  Be it further enacted, That the City Treasurer, before entering upon the discharge of his duties shall take the oath of office prescribed by law for County Trustee, and shall enter into bond, payable to Lenoir City, in such sum as the City Council may prescribe, not less than Five Thousand Dollars ($5,000.00), conditioned for the faithful discharge of his duties, and for the faithful accounting for and paying over to those entitled all money that may come into his hands as such treasurer. He shall make monthly settlements within the first five days of each month with the Mayor, and in said settlement he shall be charged with all money received by him during the preceding month, as shown by his sworn reports, which he is hereby required to make at the time of said settlement, and shall be credited with all legal vouchers which he produces. Said monthly settlements shall be recorded upon a book kept by the Mayor for that purpose, and all vouchers, reports, etc., shall be preserved in the office of the Recorder.

Be it further enacted that in addition to the duties herein set out, that the City Council has the authority and right and power to impose any additional duties on the City Treasurer, that the said City Council may from time to time believe to be proper and necessary.

Delinquent Property Taxes

Sec. 15.  Be it further enacted, That any tax levied on any property within the corporate limits of Lenoir City for any year shall become due and payable on the first day of September following said assessment and levy; and if not paid on or before the first day of January following, the City Treasurer shall immediately furnish to the Recorder a list of those who have not paid the taxes assessed against them, together with a description of the property of each and the amount of taxes due from each, including poll tax, if any. The Recorder shall immediately proceed to collect said taxes by distress and sale of any personal property to be found subject to same, and shall be entitled to the same compensation as for collecting from merchants. If not personal property belonging to the owner, or owners, of the property appearing upon said list can be found within the corporate limits out of which said taxes can be made by distress, the Recorder, will, on or before the first day of April, certify a list of said delinquents, with a description of the property of each and the amount of taxes due, thereon; including poll tax, if any, to the Clerk of the Circuit Court of Loudon County; and it is hereby made the duty of said Circuit Court of Loudon County, at its first term after said list is so certified, on motion of said Lenoir City, to enter judgment against each of said delinquent taxpayers for the amount of taxes due from each to Lenoir City, together with interest thereon from the first day of April, and all costs, and direct an order of sale to the Sheriff of Loudon County, directing him to sell said property for the satisfaction of said judgments under the same regulations as govern Sheriffs in execution sales in Circuit Court, and said taxes, when so collected, shall be paid by the Sheriff to the Recorder of Lenoir City. The purchaser at such sale shall acquire the legal title to the property so purchased, subject, however, to the right, in favor of the party whose property is so sold, or his creditor, of redemption, for two years from date of sale, is in case of judicial sales. That if the taxes are not paid by January first, following the due date of September 1st, that a penalty of three per cent will automatically attach and interest at the rate of six percent per annum as now provided will also be added and become a part of the taxes due. For making and certifying said list of delinquents the Recorder shall be entitled to 25 cents for each name, to become a part of the costs.

Merchants' Privilege and Ad Valorem Taxes

Sec. 16.  Be it further enacted, That all merchants doing business within the corporate limits of Lenoir City shall pay annually a privilege tax, for the use of said city, not exceeding the privilege tax levied by the State upon merchants, and an ad valorem tax, on the average amount of capital invested in their business, not exceeding the amount levied on real estate in Lenoir City.

The City Recorder will collect said tax from merchants, and he is hereby empowered and authorized to ascertain the average amount of capital invested by each, in the same manner as County Court Clerks in Tennessee ascertain same for the purpose of collecting State and County taxes.

Policemen

Sec. 17.  Be it further enacted, That the City Marshal shall, before entering upon the discharge of his duties, take an oath of office like unto that required by law of constable, and shall enter into bond, payable to Lenoir City, in such sum as the City Council may prescribe, not less than five hundred dollars, conditioned for the faithful discharge of his duties, and to account for and pay over to those entitled all moneys belonging to Lenoir City that may come into his hands by virtue of his office.

The said City Marshal shall be the Chief of Police of Lenoir City, and he is hereby invested with authority to arrest, without a warrant, any and all persons who, in his presence, violate any of the laws of Tennessee or any of the laws and ordinances of Lenoir City, and any and all persons whom he is reliably informed have violated any of said laws and ordinances of said City, and take them before the Recorder of said City for trial, and the Recorder will issue warrants for such persons upon information furnished by said Marshal. The said City Marshal is hereby clothed with all the power and authority within the police jurisdiction of Lenoir City, which shall extend one mile beyond the corporate limits, of the High Sheriff of Loudon County. The said Marshal shall perform all the duties imposed upon him by the City Council, either by ordinance, resolution, or motion of record, and he shall receive for his services, in the arrest and detention of prisoners, such salary as the City Council may determine, which shall be paid to him upon the Mayor's warrant, countersigned by the Recorder. The Marshal, or one of his deputies, shall be the officer to wait on the Recorder's Court. The Marshal is empowered to appoint as many deputies as he may think necessary for the proper police regulation of the city, but no such deputies shall have any claim against the city for pay for such services unless the appointment is first ratified by the City Council, and his or their compensation fixed by the City Council. The said City Marshal shall pay over to the Recorder all public money coming into his hands by virtue of his office within ten days after receiving same. [As amended by Priv. Acts 1951, ch. 48]

Powers and Duties of City Council

Sec. 18.  Be it further enacted, The powers and duties of City Council shall be as follows:

1. At the first City Council meeting following the seating of new or re-elected council members, the Council shall elect from its membership a Vice-Mayor to serve for a two-year term, clothing the Vice-Mayor when elected with the power to act for the Mayor and to exercise his duties and powers during the absence of the Mayor as fully and completely and with the same validity as if the same were done by the duly elected Mayor. In the event of a vacancy in the office of Mayor, such Vice-Mayor shall serve out the remaining portion of the term of the Mayor, thereafter reverting to his former status as Vice-Mayor or Councilman, unless his term shall have expired.

2. The City Council shall have full and complete power to fill any vacancy which may occur in any city elective office, including any vacancy on the City Council caused by the Vice-Mayor assuming the mayorship upon vacancy in the office of Mayor.

3. The City Council may appoint such boards, commissions, committees and authorities not created herein as they in their discretion deem necessary for the efficient operation of the City and to set the compensation, if any, they are to receive for their services.

4. The City Council shall have the power to determine and set the amount of compensation to be received by the officers and employees of the City including the officers elected by popular vote, except as otherwise set out herein. The compensation of the Mayor shall be not less than the compensation of the members of City Council, plus twenty-five percent.

5. The City Council shall have the power to allow to themselves and to other offices and employees of the City such expenses as are reasonably necessary in the performance of their duties.

6. The City Council shall have the duty of preparing or having prepared a budget for the City of Lenoir City, and shall have the power to fund the budget in any manner provided by law.

7. The City Council shall have power to impose all taxes permitted by the laws of the State of Tennessee to be imposed by municipalities whether by public law, private act, or otherwise and to fix the tax rate when not otherwise fixed by the laws of the State of Tennessee.

8. The City Council shall have the power to define the duties of all officers and employees of the City, which are not defined under the provisions hereof. This provision shall not apply, however, to officers elected by popular vote.

9. The City Council is hereby authorized and empowered to contract indebtedness on behalf of the City for any public purpose, to issue its notes, revenue bonds, general obligation bonds, or otherwise borrow money by any method permitted or allowed by law.

10. The City Council may call an election to vote on the question of issuing bonds; and the election, if any is called, shall be under the same legal requirements as other City elections, unless otherwise provided by law.

11. The City Council is hereby authorized and empowered to exercise on behalf of the City, and all powers and privileges conferred upon municipalities of the State by the general laws of the State of Tennessee, and the Constitution thereof, without limitation and notwithstanding any provision of this charter to the contrary.

12. The City Council is hereby granted power to enact and ordain any and all local laws or ordinances, not in conflict with the Constitution or general laws of the land, for the government of the City, whether the same be within the express grants of the Charter or not; and wherever in this Charter there are omissions in defining the duties and/or authority of any officers or employees provided for therein which are essential to the proper carrying out of any of the objects of this Charter, the City Council is hereby empowered to supply such omissions by resolution or ordinance.

13. The City Council shall be charged with all duties and requirements imposed upon them by the laws of the State of Tennessee.

The City Council shall have power to employ any other employees as the Council shall deem necessary for the efficient operation of the City, including, but not limited to, a City Administrator, clerical employees, policemen, firemen, and maintenance employees. All persons so employed shall serve at the pleasure of the Council, but subject to termination by the Mayor as hereinafter provided. [As replaced by Priv. Acts 1951, ch. 317, and Ord. #____, Aug. 1982]

City Attorney

Sec. 19.  Be it further enacted, That the City Council shall have the right to select someone learned in the law to act as Attorney for the corporation; to define his duties and fix his compensation therefor. [As amended by Priv. Acts 1951, ch. 48]

County School Funds

Sec. 20.  Be it further enacted, That Lenoir City is hereby constituted a separate School District, and as such shall be entitled to receive, according to its scholastic population, its due apportionment of the public school fund of Loudon County under existing laws, and the Trustee of Loudon County is hereby authorized and directed to pay said apportionment of said school fund to the Treasurer of Lenoir City, within 30 days after said apportionment is made taking his receipt for same, which receipt shall be a sufficient voucher to entitle said Trustee to credit for same in his settlement with the county authorities. The general laws of the State in regard to common school shall apply to Lenoir City, except as herein modified.

Borrowing

Sec. 21.  Be it further enacted, That the City Council of the City of Lenoir City is hereby authorized and empowered to contract indebtedness on behalf of the city and upon the credit thereof by borrowing money and assisting bonds of the city at a rate of interest not exceeding six percent per annum, for the purpose of erecting public buildings, including the erection and equipment of school buildings; constructing and maintaining public sewers for the city; for the purpose of grading and improving streets and sidewalks; for the purpose of constructing bridges and their approaches; for the purpose of the construction, improvement and operation of a water works system, either in or out of the city; for the purpose of providing for a proper lighting of the city by electricity, gas or otherwise; for the purpose of the city erecting and maintaining a municipal owned power and light plant to serve the public and to sell the power and lights to the citizens and residents of the town, as well as for the lighting of the public streets and buildings; or for the purpose of any other public utility; provided the aggregate indebtedness to be thus incurred for the purposes above set forth shall never exceed 35 percent of the assessed valuation of the taxable property of the city, as shown by the last city assessment; provided that no loan shall be made and no bonds shall be issued for any purpose except by ordinance, which shall be unrepealable until the indebtedness therein provided for and the bonds issued in pursuance thereof shall have been fully paid; and such ordinance shall specify the purpose or purposes to which the funds received for the bonds are to be applied and shall provide for a tax levy upon the taxable property of the city, sufficient to pay the annual interest thereon and the bonds shall not be for a less period than five years nor more than thirty years. Provided that no bonds herein authorized shall be issued until it is left to a popular vote of the legal voters of the municipality as to whether or not they shall be issued. The City Council may call an election to vote on the question of issuing bonds, and the election, if any is called, shall be under same legal requirements as other elections in the City.

Power and Light System

Sec. 22.  Be it further enacted, That the City of Lenoir City shall have full power and authority to construct, maintain and operate a municipal owned power and light plant, if they see proper to do so. The City Council is authorized, if in its discretion it sees proper to do so, to construct and operate its own power and light system, not only to supply the city's need for proper lighting for the streets, thoroughfares and public buildings, but is also given the authority to operate the power and light plant so as to furnish power and light to the citizens and residents of the city of Lenoir City in their homes and places of business.

Miscellaneous Powers Enumerated

Sec. 23.  Be it further enacted, That the corporation aforesaid shall have full power and authority by ordinance to enact such by-laws and ordinances as may be proper to preserve the health, quiet, peace, welfare, and good government of Lenoir City; to assume and exercise full and complete control of streets, avenues, alleys, and all thoroughfares, parks, public squares of the city; to prevent the use of the same for any improper purpose; to keep same clean and sanitary, and prevent the deposit or accumulation of anything thereon or therein that is noisome, offensive, or disagreeable; to grant privileges for the use of same not detrimental to the welfare of the city; to ascertain and declare the boundaries, to open, alter, abolish, widen, extend, grade and improve same, and may condemn private property for such purpose; to provide for the improvement of streets, alleys and sidewalks, parks, and public squares, by paving or otherwise, and for this purpose may levy special taxes, and may require that resident citizens of the age of twenty-one to forty-five years, perform a given number of days work, not exceeding five, on the same; to build sidewalks at the expense of owners of abutting property when they fail or refuse to build same after being required by City Council by ordinance to do so; but no person shall be required to build a sidewalk in front of his or her abutting property until after the city has opened and graded the streets in front of same. The City Council is hereby empowered to compel, by fine or imprisonment, or both, the said abutting property owners to build sidewalks according to specifications furnished by the City Council, and any expense incurred by the city for work done on sidewalk, which it was the duty of the abutting owner to have done, shall be a lien on such abutting property, superior to everything but liens for taxes and may be enforced in the courts; to ordain and establish all necessary and proper quarantine and other regulations for the prevention and suppression of contagious or infectious diseases, and such quarantine regulations may extend a distance of one mile beyond the corporate limits; to establish pest houses or detention camps outside of the city for the detention of persons having or having been exposed to, any contagious or infectious disease, and for this purpose may acquire lands by lease or purchase, and erect suitable and sufficient buildings thereon, and provide for proper management thereof; to establish a workhouse or house of correction, either in connection or not, with the city prison, either within or without the city limits for the confinement at labor on the streets, or elsewhere of those found guilty of violation of law and fail to refuse to pay or secure the fine and costs; provide for the government and management of same, by Superintendent or Board of Commissioners, and may acquire and hold land for this purpose; to make suitable, necessary and proper provisions for supplying the city with wholesome water for domestic, manufacturing and fire protection purposes, and may own its own waterworks system, and for this purpose may acquire and hold land within or without the city by purchase or lease, may acquire rights-of-ways, may lay pipes and drains, erect hydrants on the streets or elsewhere that may be necessary, or may contract with persons, firms, or corporations for a supply of water for said city; to provide for the proper lighting of the streets and thoroughfares and of public buildings of the city by electricity and may also supply the citizens and residents with power and light, and for this purpose the city may purchase, construct, and own its own light plant, and may put up poles on the streets and alleys for light wires, or put up lamp posts, or may contract with others to furnish lights for streets and public buildings; to erect a city prison in which to confine parties violating the city ordinances and laws, under such regulations as the City Council may provide by ordinance; to erect a city hall, or to lease a suitable building in the city to be used as such, and any other public buildings necessary for the use of the city; to declare what is a nuisance, and to remove same; to appropriate money for the debts and running expenses of the city; to suppress gambling and gambling houses, disorderly houses, bawdy houses, or housing having a reputation as such, and all houses where one or more men and women meet for lewd purposes, or prostitution or adulterous cohabitation, or houses having the reputation of being such, as nuisances; to license and tax all privileges taxable by the laws of the State; to regulate or prohibit the storage, sale, and use of firecrackers, and all other fireworks, toy pistols, and all kinds of explosives; to provide for the inspection, weighing and measuring of all fuel and food products brought to be sold on the market to the citizens of the city, and may own and maintain city scales for weighing for the public; to establish, regulate license markets and marketers, or persons selling produce or provisions in the town; to regulate or prohibit dogs and other animals and fowls from running at large in the city, and to provide for impounding and selling or destroying same; to designate in the city certain district as fire limits, and declare the character of buildings which may be erected in said limits, and to regulate the same by providing how permission shall be obtained for the erection of buildings within said limits; to provide for the organization, regulation, equipment, and maintenance of a fire department; to regulate and control the rate charged the public and the city for service by all quasi-public corporation operation within the corporate limits, so that said rates shall be reasonable and not excessive; to require every able bodied male citizen between the ages of twenty-one and forty-five years, residing within the corporate limits, to contribute not exceeding five days work each year on the public thoroughfares of the city, or pay for same instead of working at a reasonable rate per day, and to impose fines and penalties upon all such persons who refuse to comply with such requirement; to punish by fines for breaches of the peace, noise, disturbance, Sabbath breaking, drunkenness, disorderly conduct, disorderly assemblages anywhere within the police jurisdiction of the city; to provide for a Board of Health for the city; to provide for the arrest and confinement, until tried, of all disorderly, riotous, or drunken persons, by day or by night; to establish and maintain a system of sewerage; to provide for the protection of shade trees, and the planting of same in the city; to establish, build and keep in repair, bridges; to prohibit the sale of, or distribution of obscene books, papers, prints, or pictures; to prohibit the building or construction of cheap and dangerous buildings within the corporate limits, and to condemn and destroy same; to prevent the construction of cheap and dangerous chimneys, flues, stovepipes, or other apparatus, and to cause such as are so to be removed, or made safe; to prevent the deposit of or accumulation of ashes, cinders, garbage, or other refuse at any improper place; to regulate or prevent the ringing of bells, blowing of horns or whistles, and all other noises which needlessly disturb the peace and quiet of the town; to disperse noisy or disorderly crowds, and to prevent and restrain loud, indecent or profane language on the streets or in any house; to prevent loitering on the streets or about manufacturing establishments or the railway depots, and to punish vagrants, idlers, and any disorderly persons; and to prevent fast driving or riding in the streets; to protect telephone, telegraph, and electric light poles; to provide for the enumeration of the inhabitants of the city; to establish and enforce such regulations and restrictions as regards the cleansing of the town and private property, the erection of slaughter houses, stables, privies, stock yards, or pens and pig pens; the removal of ponds, sawdust piles, mudholes and any and all other things, businesses and practices, as may be regarded by the City Council as necessary for the good health, pleasure, safety, and convenience of the citizens within the corporate limits, or as near as one-half mile of same, and to abate, suppress, and remove same; to acquire by lease or purchase, land without the city limits, upon which to deposit all dead animals and garbage removed from the city; to provide for a Street Committee, a Finance Committee, and any and all committees which may be necessary or proper, in the judgment of the City Council, for the due administration of the city government under this charter; to provide against the pollution of springs and streams within or near the city; to regulate the speed of railway trains within the corporate limits; to prevent engines and cars from obstructing public highways where same are crossed by any railways, or standing upon or near the crossing of said highways for a longer time than is necessary.

Intoxicating Liquors

Sec. 24.  Be it further enacted, That it shall be, and hereby is declared to be unlawful for any person or persons, company, firm, partnership, or corporation to sell, or offer for sale, give away, bargain, take orders for, or tipple, any intoxicating liquors, including wine, ale, beer, or vinour, spiritous malt or mixed liquors, or any adulterations or mixtures thereof, within the corporate limits of Lenoir City. The City Council of said Lenoir City is hereby clothed with full power and authority to pass and enact any and all ordinances necessary to effectuate the prohibitory provisions of this section of this Act.

Catch-all Powers of City Council

Sec. 25.  Be it further enacted, That the City Council of Lenoir City is hereby granted the power to enact and ordain any and all local laws, not in conflict with the Constitution and general laws of the land, for the government of said city in the best interest of the citizens thereof, whether same be within the express grants of this charter or not; and wherever in this Act there are any omissions in defining the duties or authority of any officers provided for herein which are essential to the proper carrying out of any of the objects of this Act, the City Council is hereby empowered to supply such omissions.

Labor Organizations

Section 25(A).  Be it further enacted, That the City Council of the City of Lenoir City, Tennessee, at its discretion, shall be, and is hereby, authorized to collectively bargain with employees of the City of Lenoir City and to recognize and negotiate, bargain and contract with labor organizations representing employees of the City of Lenoir City. Any agreement or employment contract entered into by the City shall contain a provision prohibiting strikes, or other work stoppages, by City employees. [As added by Ord. #1988, Sept. 1988]

Civil Service

Section 25(B).  Be it further enacted, That the City Council of the City of Lenoir City, shall create a civil service system for all employees of the City of Lenoir City in accordance with the laws of the State of Tennessee and/or the United States of America. [As added by Ord. #1988, Sept. 1988]

Eminent Domain

Sec. 26.  Be it further enacted, That the "City of Lenoir City" shall have, and hereby is given the power of effectuating the objects, purposes, and power of this charter, to be exercised under the general laws relating to eminent domain.

Misdemeanors of State Adopted

Sec. 27.  Be it further enacted, All the misdemeanor statutes of the State of Tennessee, unless otherwise prescribed by law, are hereby made the laws of the City, and a violation of such laws within the City shall be punishable. [As amended by Ord. #____, Aug. 1982]

Existing Bylaws and Ordinances

Sec. 28.  Be it further enacted, That all the by-laws and ordinances now in effect in Lenoir City shall remain the law of the corporation hereby created until repealed or amended, except where same may be in conflict with the provisions hereof.

Assets and Liabilities of Old Corporation

Sec. 29.  Be it further enacted, That all the property and all taxes, claims, fines, and forfeitures belonging to the municipal corporation of Lenior City, the charter of which is hereby repealed, shall hereby become the property of, and belong to, the municipality hereby created, and which is hereby vested with title to same. The officers of the municipality hereby created are authorized and empowered to take charge of, collect, and receive said property taxes and other claims, and hold and expend same under the provisions of this charter, and to institute suit for the recovery of same if necessary. Any suits pending in the courts involving the collection of revenues or enforcement of any of its laws, to which said municipality is a party, shall not abate on account of the repeal of said charter, but shall survive to the corporation hereby created without revivor, and may be proceeded with under the provisions of this charter as if no change had been made in the charter of said municipality. All valid claims and demands against said Lenoir City under its old charter shall be and constitute valid claims against said Lenoir City under this Act.

Charter as Evidence

Sec. 30.  Be it further enacted, That this Act be, and hereby is, declared to be a public Act, and may be read in all the Courts of law or equity in this State as any other public law, without proof.

Ordinances, Bylaws, Resolutions, Etc., as Evidence

Sec. 31.  Be it further enacted, That all ordinances, by-laws, resolutions, and proceedings of the governing authority of Lenoir City now in force and not in conflict with provisions of this charter, and all the ordinances, bylaws, resolutions and proceedings which may be passed by the City Council under the provisions hereof, may be proved by the certificate of the City Recorder thereto; and if same are published by authority of the City Council, the published copy shall be received in evidence in all courts and places without further proof.

Conflicting Laws Repealed

Sec. 32.  Be it further enacted, That all laws or parts of laws contrary to, inconsistent with, or in conflict with the provisions of this Act, be and the same are hereby repealed.

Date of Effect

Sec. 33.  Be it further enacted, That this Act take effect from and after its passage, the public welfare requiring it.

 

PASSED: March 21, 1933

Frank W. Moore,

Speaker of the House of Representatives.

A. F. Officer,

Speaker of the Senate.

APPROVED: March 21, 1933

Hill McAlister,

Governor.

RELATED PRIVATE ACTS

PAGE

Priv. Acts 1970, ch. 205,

"Taxes on electric system"

CHAPTER NO. 205

SENATE BILL NO. 1229

By Goddard

Substituted for: House Bill No. 1353

By Kyker

AN ACT to provide for the use of payments in lieu of taxes on the electric system of Lenoir city.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1.  In the interpretation of this Act, the following definitions of terms shall apply:

(a) Electric System. The electric system of Lenoir City, including all tangible and intangible property and resources of every kind and description used or held for use in the purchase, transmission, distribution and sale, but not the generation, of electric energy.

(b) Tax Equivalent. The amount transferred to the general fund of, or otherwise provided, Lenoir City from the revenues of its electric system as payments in lieu of taxes or other charges on the electric system and electric operations.

SECTION 2.  Any and all tax equivalents paid by the electric system shall be placed in the general fund of Lenoir City and expended for such municipal purposes as may be determined by the governing body of the City.

SECTION 3.  This Act shall have no effect unless it is approved by a two-thirds (2/3) vote of the legislative body of Lenoir City on or before the next regular meeting of the legislative body occurring more than thirty (30) days after its approval by the Governor. Its approval or non-approval shall be proclaimed by the presiding officer of the Legislative and certified by him to the Secretary of State.

SECTION 4.  For the purpose of approving or rejecting the provisions of this Act, as provided in Section 3, it shall be effective upon becoming a law.

In all other purposes, it shall become effective upon being approved as provided in Section 3.

PASSED: January 29, 1970

 

 

Frank C. Gorrell,

SPEAKER OF THE SENATE

 

 

William L. Jenkins,

SPEAKER OF THE HOUSE OF REPRESENTATIVES

 

 

APPROVED: February 4, 1970

Buford Ellington,

GOVERNOR

This is to certify that according to the official records in this office, Senate Bill No. 1229, which is Chapter No. 205 of the Private Acts of 1970, was properly ratified and approved and is therefore operative and in effect in accordance with its provisions.

JOE C. CARR

Secretary of State

Charter and Related Acts for the City of Lenoir City, Tennessee

 

YEAR CHAPTER SUBJECT

 

1933 127 Basic charter act.

1935 581 Authorized issuance of bonds to fund and/or refund outstanding obligations.

1935 719* Authorized $50,000.00 bond issue for general improvements.

1937 413* Validates proceedings providing for issuance of funding bonds.

1937 669 Raised salary of city recorder.

1937 670 Raised salary of city treasurer.

1939 583* Authorized $100,000.00 bond issue for building or purchasing, electric, water and sewer systems.

1941  92 Provided for a water and light commission.

1941 100 Authorized short term borrowing for school purposes.

1941 357* Authorized $453,000.00 refunding bond issue and $65,000.00 funding bond issue.

1941 407 Extended term of office for elective officials.

1943 241 Repealed Priv. Acts 1933, ch. 127, § 9 and provided for a city board of education.

 

 

YEAR CHAPTER SUBJECT

 

1943 242 Amended Priv. Acts 1941, ch. 92 and created a four member water and light commission.

1943 264 Authorized $45,000.00 funding bond issue.

1945   2 Amended Priv. Acts 1933, ch. 127, § 4 by changing the description of the boundary lines.

1945 373* Authorized $250,000.00 bond issue for high school.

1945 374* Authorized $75,000.00 funding bond issue for outstanding indebtedness.

1947 474 Repealed Priv. Acts 1943, ch. 241 by abolishing the city board of education and providing for a school board.

1947 543* Authorized $225,000.00 bond issue for buildings.

1947 593* Authorized $75,000.00 bond issue for the water plant.

1947 878* Authorized $45,000.00 funding bond issue for outstanding indebtedness.

1949 454 Amended Priv. Acts 1937, ch. 670 by raising the salary of city treasurer.

1949 723 Amended Private Acts 1933, ch. 127 by providing for an admissions tax for amusement.

 

YEAR CHAPTER SUBJECT

 

1951  47 Amended Priv. Acts 1943, ch. 242 by replacing the water and light commission with a water, light and gas commission.

1951  48 Amended Priv. Acts 1933, ch. 127 by removing the limitation on compensation paid to city attorneys and police officers.

1951  49 Amended Priv. Acts 1937, ch. 127 by raising the salary of city recorder.

1951 312 Authorized $40,000.00 funding bond issue for outstanding indebtedness.

1951 317 Amended Priv. Acts 1933, ch. 127 by fixing a salary for councilmen and provided for forfeiture of office for nonattendance at meetings.

1955  73* Validated $45,000.00 bond issue for streets.

1970 205 Provided for the use of payments in lieu of taxes on the electric system.

ORDINANCES COMPRISING THE HOME RULE CHARTER OF

LENOIR CITY, TENNESSEE

 

YEAR ORD. # SUBJECT

 

1982 ---- Deleted § 3 on sale or lease of utility plants; amended § 7 on elections, voter qualifications, and terms of office for aldermen and city recorder/treasurer; § 8 on powers and duties of city recorder/treasurer; § 9 on school board; replaced § 9a on utilities board; amended § 11 on city court and city judge; § 18 on powers and duties of council; and § 27 on misdemeanors.

1988 1988 Amended § 9 on school board; § 9a on utilities board; § 11 on city judge; added § 25(A) on labor organizations; and § 25(B) on civil service.

 

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