CHARTER FOR THE TOWN OF DANDRIDGE, TENNESSEE

 

PRIVATE ACTS, 1998
CHAPTER NO. 137
HOUSE BILL NO. 3387
By Representative Roach
Substituted for: Senate Bill No. 3382
By Senator Williams
AN ACT to amend Chapter 419 of the Private Acts of 1907, Chapter 385
of the Private Acts of 1915, Chapter 596 of the Private Acts of 1915, Chapter 655
of the Private Acts of 1925, Chapter 792 of the Private Acts of 1925, Chapter 398
of the Private Acts of 1931, Chapter 399 of the Private Acts of 1931, Chapter 807
of the Private Acts of 1931, Chapter 60 of the Private Acts of 1935, Chapter 346
of the Private Acts of 1939, Chapter 276 of the Private Acts of 1941, Chapter 611
of the Private Acts of 1945, Chapter 609 of the Private Acts of 1947, Chapter 610
of the Private Acts of 1947, Chapter 804 of the Private Acts of 1949, Chapter 89
of the Private Acts of 1975, and any other acts amendatory thereto, relative to
the incorporation of the Town of Dandridge, Tennessee, Jefferson County, and
to define its powers and to provide for the election of officers.
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TABLE OF CONTENTS
SECTION PAGE
1. Incorporation, name, and general powers . . . . . . . . . . . . . . . . . . . . . C-3
2. Corporate boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-3
3. Election and term of office of mayor and aldermen . . . . . . . . . . . . . C-3
4. Qualifications and oath of mayor and aldermen; bond
of recorder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-4
5. Duties of mayor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-4
6. Vice-mayor–election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-5
7. Town administrator–appointment; bond; compensation;
duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-5
8. Recorder–compensation; appointment; powers . . . . . . . . . . . . . . . . C-6
9. Town judge–appointment; compensation; qualifications;
powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-6
10. Town attorney–qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-7
11. Taxes–collection of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-7
12. Miscellaneous powers of board and mayor and aldermen . . . . . . . . C-7
13. Board’s power to create and abolish departments, officers
and agencies of the town . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-11
14. Salary incumbents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-11
15. Local approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-11
16. Effective date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C-11
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Annexation ordinances are of record in the office of the recorder. 1
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
TENNESSEE:
SECTION 1. The Town of Dandridge, in the County of Jefferson, and the
inhabitants thereof within the boundaries hereinafter specified be, and are
hereby, constituted a body politic and corporate under and by the style and
name of the mayor and aldermen of the Town of Dandridge, and shall have
perpetual succession; may sue and be sued, plead and be impleaded in all courts
of law and equity and in all sections whatever; may purchase, receive, and hold
property, real and personal in the limits of the town, to be used for the erection
of school houses or other corporate purposes, and improve, sell, lease, or dispose
of said property for the benefit of the town; may own or rent such property and
do all acts touching the same as natural persons, and shall have a common seal
and change it at pleasure.
SECTION 2. Be it further enacted, that the boundaries of the Town of
Dandridge shall be those set out in Chapter 419 of the Public Acts of Tennessee
for 1907, as amended by Chapter 60 of the Private Acts of Tennessee for 1935,
and any other acts amendatory thereto, as expanded by the annexation
ordinances of the city. 1
SECTION 3. Be it further enacted, that the officers of said corporation
shall consist of a Mayor and six (6) Aldermen to be elected by the qualified
voters of said corporation of Dandridge to four (4) year staggered terms of office.
The terms of office of the Mayor and Aldermen elected in the May 1994
Election for a term of two (2) years shall be extended to the date of the
November General State Election held in November, 1996. At the November
General State Election held in November, 1996 the Mayor shall be elected for
a term of four (4) years, the three (3) Aldermen receiving the highest number of
votes shall be elected for a term of (4) years, and the remaining three (3)
Aldermen shall be elected for a term of two (2) years, or until their successors
are elected and qualified. Thereafter the date of the city election shall be the
date of the General State Election, and the Mayor and Aldermen elected on the
date of that election shall be elected for a term of four (4) years, or until their
successors are elected and qualified. Each newly elected Mayor or Alderman
shall be administered the oath of their respective office on the 1st day of
December following the election at 6:00 p.m. In the event the 1st day of
December following the election happens to fall on a Saturday or Sunday, said
oath of office shall be administered on the first Monday of December at 6:00 p.m.
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The Recorder elected in May, 1994 to a two-year term of office shall serve
to the end of his term, at which time the office of elected Recorder shall be
abolished.
SECTION 4. Be it further enacted that the Mayor and Aldermen of the
corporation shall each live within the limits thereof, and shall be a qualified
voter in said corporation. Any person is a qualified voter and may vote in any
corporate election who is a legal voter for members of the General Assembly and
who has resided within the corporate limits for a period of three (3) months
previous to said election. On receiving their certificates of election the Mayor
and Aldermen shall go before the Clerk of the County Court of Jefferson County
or some Magistrate thereof and make and subscribe to an oath to well, truly,
impartially, and faithfully discharge the duties of their respective offices, which
oaths shall be filed with the Recorder. Individuals living outside the Town of
Dandridge who own real property consisting of a minimum value of five
thousand dollars ($5,000), as determined by the appraised value assessed by the
Jefferson County Property Assessor for the calendar year preceding said
election, or a business within the corporate limits of the Town of Dandridge may
vote in Dandridge municipal elections. The Town Recorder will maintain a
separate voting register for those individuals who qualify. Any dispute on
eligibility will be taken to the Jefferson County Election Commission for final
disposition, which will be based upon the Town Recorder’s voting register.
The regular meetings of the Mayor and Aldermen shall be on the first
Tuesday of each month, unless changed by ordinance or a special meeting is
called as hereinafter provided. At the first meeting of the Board of Mayor and
Aldermen the board shall fix the amount of the bond required of the Recorder
in such penalty as it may see fit for the faithful performance of his duty and the
payment of all money coming into his hands.
SECTION 5. Be it further enacted, that it shall be the duty of the Mayor
to preside at all meetings of the Board of Mayor and Aldermen, and he shall
have authority to enforce order in the meetings of the Board; to have a voice and
vote in all matters coming before the Board but no veto power. The Mayor shall
be the head of the town government for ceremonial purposes and shall have no
administrative duties except those designated within this charter or as
authorized by the Board of Mayor and Aldermen. The Mayor shall call special
sessions of the Board when he thinks it expedient or upon the written request
of three (3) or more Aldermen.
The Mayor shall sign all contracts authorized by the Board and all
warrants and check disbursements for the payment of any moneys appropriated
by the Board. The Mayor shall also designate one (1) other official to
countersign warrants and check disbursements, and such official may be either
an Alderman, the City Recorder, or the Town Administrator. The Mayor shall
also designate an alternate to countersign the same in the absence of either
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himself or the first designate. The Mayor shall also sign all ordinances and
resolutions approved by the Board as well as all minutes of the records and
proceedings of said Board.
SECTION 6. The Board shall elect an Alderman to the office of Vice
Mayor, who shall serve as Mayor when the Mayor is absent or unable to
discharge the duties of the Mayor’s office, and, in case of a vacancy in the office
of Mayor, until the next regular municipal election.
SECTION 7. Be it further enacted, that the Board may appoint a Town
Administrator, who shall be bonded in an amount set by the Board, to serve at
the will of the Board. The Town Administrator shall be appointed on the basis
of his executive and administrative qualifications. He need not be a resident of
the town at the time of his appointment but may reside outside the Town while
in office only with the approval of the Board. The compensation of the Town
Administrator shall be fixed by the Board.
The Town Administrator shall be the Chief Administrative Officer of the
Town, responsible to the Board for the administration of all town affairs placed
in his charge by or under this Charter. The Town Administrator shall:
(1) Appoint and, when necessary for the good of the Town, suspend or
remove any town officer or employee except as otherwise provided by this
Charter or by in accordance with the personnel rules adopted by the Board. The
Town Administrator may authorize any administrative officer subject to his
direction and supervision to exercise these powers with respect to subordinates
in that officer’s department, office or agency;
(2) Direct and supervise the administration of all departments, offices
and agencies of the Town, except as otherwise provided by this Charter or by
law;
(3) Attend all meetings of the Board of Mayor and Aldermen. The
Town Administrator shall have the right to take part in discussion but may not
vote;
(4) See that all laws, provisions of this Charter and acts of the Board,
subject to enforcement by the Town Administrator or by officers subject to his
direction and supervision, are faithfully executed;
(5) Prepare and submit the annual budget and capital program to the
Board;
(6) Submit to the Board of Mayor and Aldermen and make available
to the public a complete report on the Town’s finances compiled by the Recorder
and administrative activities of the Town as of the end of each fiscal year;
(7) Make such other reports as the Board may require concerning the
operations of Town departments, offices and agencies subject to the Town
Administrator’s direction and supervision;
(8) Keep the Board fully advised as to the financial condition and
future needs of the Town;
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(9) Make such recommendations to the Board concerning the affairs
of the Town as may be desirable;
(10) Perform such other duties as are specified in this Charter or may
be required by the Board of Mayor and Aldermen.
Neither the Board nor any of its members shall in any manner dictate the
appointment or removal of any Town administrative officer or employee whom
the Town Administrator or any subordinate of the Town Administrator is
empowered to appoint, but the Board and members of the Board may express its
views and fully and freely discuss with the Town Administrator anything
pertaining to appointment and removal of such officers and employees.
The Board or its members shall deal with Town officers and employees
who are subject to the direction and supervision of the Town Administrator
solely through the Town Administrator, and neither the Board nor its members
shall give orders to any such officer or
employee, either publicly or privately. Nothing in the preceding paragraph shall
preclude a board member from correcting any potentially hazardous act of a
town employee that may cause harm to the employee, town equipment or the
town’s citizens.
SECTION 8. Be it further enacted that a Recorder shall be appointed by
and shall receive a salary fixed by the Board of Mayor and Aldermen.
The Recorder shall be present at all meetings of the Board of Mayor and
Aldermen and shall keep an accurate record of all proceedings of the same. He
shall act as Treasurer and tax collector, and take care of, and keep proper
account of all funds of whatever nature that may come into his hands belonging
to the corporation. The Recorder shall keep such books as the town
administrator may direct, and shall take such reports and settlements and
perform such other duties as may be imposed on him by the Town
Administrator.
SECTION 9. Be it further enacted that a Town Judge shall be appointed
by and shall receive a salary fixed by the Board of Mayor and Aldermen.
The Town Judge shall be a licensed attorney in the State of Tennessee.
The Town Judge is hereby vested with the powers to try all offenses against the
peace and dignity of the Town of Dandridge. If for any reason the Judge is
incompetent or absent the Mayor may try the case and decide the same with all
the authority and power vested in the judge. In the event an appeal is taken
from any fine imposed by the Judge or Mayor for the violation of any of its
ordinances to the Circuit Court of Jefferson County, Tennessee, the person so
appealing shall give bond and security for the payment of said fine and costs.
The Town Judge shall be empowered to sign warrants for the arrest of
individuals who violate the Town’s ordinances.
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SECTION 10. Be it further enacted, that a Town Attorney, who shall be
an attorney-at-law entitled to practice in the courts of the State of Tennessee,
shall be appointed by the Board of Mayor and Aldermen.
The Town Attorney shall direct the management of all litigation in which
the Town is a party, including the function of prosecuting attorney in the Town
court; represent the Town in all legal matters and proceedings in which the
Town is a party or interested, or in which any of its officers is officially
interested; attend all regular Board meetings and any other meetings when
requested by the Board; advise the Board, and committees or members thereof,
the Town Administrator, and the heads of all departments and divisions as to
all legal questions affecting the Town’s interests; and approve as to form all
contracts, deeds, bonds, ordinances, resolutions and other documents to be
signed in the name of or made by or with the town. His compensation shall be
as fixed by the Board and he shall serve at the will of the Board.
SECTION 11. Be it further enacted, that the taxes levied by the Board
of Mayor and Aldermen for school and corporate purposes on the property within
the corporate limits shall be collected on the valuation of said property as shown
by the tax book in the County Trustee’s office. When any tax or duty shall be
levied by the corporation upon any real estate within the town, the Recorder, by
and with the consent of the Board, shall take such steps for the collection of such
taxes as are provided by the State laws for the collection of taxes.
SECTION 12. Be it further enacted, that the Board shall have the
management and control of the city finances and all property of the corporation,
real, personal and mixed, and shall have the power by ordinance or resolution
to:
(1) Assess, levy and collect taxes for all general and special purposes
on all subjects or objects of taxation and privileges taxable by law for state,
county or municipal purposes;
(2) Adopt classifications of the subjects and objects of taxation that are
not contrary to law;
(3) Make special assessments for local improvements;
(4) Contract and be contracted with;
(5) Incur debts by borrowing money or otherwise and give any
appropriate evidence thereof in the manner hereinafter provided;
(6) Issue and give, sell, pledge or in any manner dispose of negotiable
or non-negotiable interest-bearing or non-interest-bearing bonds, warrants,
promissory notes or orders of the municipality in accordance with state law;
(7) Expend the money of the municipality for all lawful purposes;
(8) Acquire or receive and hold, maintain, improve, sell, lease,
mortgage, pledge or otherwise dispose of property, real or personal, and any
estate or interest therein within or without the municipality or state;
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(9) Condemn property, real or personal, or any easement, interest or
estate or use therein, either within or without the municipality, for present or
future public use; the condemnation shall be effected in accordance with the
terms and provisions of state law;
(10) Take and hold property within or without the municipality or state
upon trust and administer trusts for the public benefit;
(11) Acquire, construct, own, operate and maintain or sell, lease,
mortgage, pledge or otherwise dispose of public utilities and telecommunications
systems or any estate or interest therein, or any other utility or service to the
municipality, its inhabitants or any part thereof; and, further, may issue debt
for these purposes under the Local Government Public Obligations Act or other
pertinent state law;
(12) Grant to any person, firm, association or corporation (including the
municipality) franchises for public utilities, telecommunications systems, and
public services to be furnished both inside and outside the municipality and
inhabitants therein. The power to grant franchises embraces the power to grant
exclusive franchises. Whenever an exclusive franchise is granted, it shall be
exclusive not only as against any other person, firm, association, or corporation.
Franchises may be granted for a period of time to be fixed by the city council,
but not to exceed twenty (20) years. The council may prescribe in each grant of
a franchise, the rate, and fares, charges and regulations that may be made by
the grantee of the franchise in accordance with state and federal law.
Franchises may by their terms apply to the territory within the corporate limits
of the municipality at the date of the franchises, and may also apply to any or
all subsequent modifications to the corporate limits, and to the existing streets,
alleys and thoroughfares that thereafter may be opened;
(13) Make contracts with any person, firm, association or corporation
for public utilities, telecommunications systems, and public services to be
furnished both inside and outside the municipality and inhabitants therein.
The power to make contracts embraces the power to make exclusive contracts.
When an exclusive contract is entered into, it shall be exclusive against any
other person, firm, association or corporation. These contracts may be entered
into for a period of twenty (20) years or less, but not longer. The Board may
prescribe in each such contract entered into, the rates, fares, charges, and
regulations that may be made by the person, firm, association or corporation
with whom the contract is made. Such contracts may by their terms apply to
the territory within the corporate limits of the municipality at the date of the
contract, may also apply to any or all subsequent modifications to the corporate
limits, and to the then existing streets, alleys and thoroughfares and to any
other streets, alleys and other thoroughfares that thereafter may be opened;
(14) Prescribe reasonable regulations regarding the construction,
maintenance, equipment, operation and service of public utilities and
telecommunications systems, compel reasonable extensions of facilities for these
services, and assess fees for the use of, or impact upon these services.
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Nothing herein shall be construed to permit the alteration or impairment
of any of the terms or provisions of any exclusive franchise granted or of any
exclusive contract entered into under subdivisions (12) and (13);
(15) Establish, open, relocate, vacate, alter, widen, extend, grade,
improve, repair, construct, reconstruct, maintain, light, sprinkle and clean
public highways, streets, boulevards, parkways, sidewalks, alleys, parks, public
grounds, public facilities, libraries and squares, wharves, bridges, viaducts,
subways, tunnels, sewers and drains within or without the corporate limits,
regulate their use within or without the corporate limits, assess fees for the use
of or impact upon such property and facilities, and take and appropriate
property therefor under the provisions provided by the general laws of the State;
(16) Construct, improve, reconstruct and improve by opening,
extending, widening, grading, curbing, guttering, paving, graveling,
macadamizing, draining or otherwise improving any streets, highways, avenues,
alleys or other public places within and without the corporate limits, and assess
a portion of the cost of these improvements on the property abutting on or
adjacent to these streets, highways or alleys under, and as provided by, state
law;
(17) Assess against abutting property within and without the corporate
limits the cost of planting shade trees, removing from sidewalks all
accumulations of snow, ice, and earth, cutting and removing obnoxious weeds
and rubbish, street lighting, street sweeping, street sprinkling, street flushing,
and street oiling, the cleaning and rendering sanitary or removal, abolishing,
and prohibiting of closets and privies, in such manner as may be provided by
general law or by ordinance of the Board;
(18) Acquire, purchase, provide for, construct, regulate and maintain
and do all things relating to all marketplaces, public buildings, bridges, sewers
and other structures, works and improvements inside and outside the
municipality;
(19) Collect and dispose of drainage, sewage, ashes, garbage, refuse or
other waste, or license and regulate their collection and disposal inside and
outside the municipality, and the cost of collection, regulation, or disposal may
be funded by taxation, special assessment to the property owner, user fees or
other charges;
(20) License and regulate all persons, firms, corporations, companies
and associations engaged in any business, occupation, calling, profession or
trade not prohibited by law;
(21) Impose a license tax upon any animal, thing, business, vocation,
pursuit, privilege or calling not prohibited by law;
(22) Define, prohibit, abate, suppress, prevent and regulate all acts,
practices, conduct, business, occupations, callings, trades, use of property and
all other things whatsoever detrimental, or liable to be detrimental, to the
health, morals, comfort, safety, convenience or welfare of the inhabitants of the
municipality, and exercise general police powers;
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(23) Prescribe limits within which business occupations and practices
liable to be nuisances or detrimental to the health, morals, security or general
welfare of the people may lawfully be established, conducted or maintained;
(24) Inspect, test, measure and weigh any article for consumption or use
within the municipality, and charge reasonable fees therefor, and provide
standards of weights, tests and measures;
(25) Regulate the location, bulk, occupancy, area, lot, location, height,
construction and materials of all buildings and structures, and inspect all
buildings, lands and places as to their condition for, health, cleanliness and
safety, and when necessary, prevent their use and require any alteration or
changes necessary to make them healthful, clean or safe;
(26) Provide and maintain charitable, educational, recreative, curative,
corrective, detentive, or penal institutions, departments, functions, facilities,
instrumentalities, conveniences and services;
(27) Purchase or construct, maintain and establish a workhouse for the
confinement and detention of any person convicted in the city court of offenses
against the laws and ordinances of the municipality who fails to secure the fine
imposed upon such person, or contract with the county to keep these persons in
the workhouse of the county and provide by that contract and by ordinance for
the commitment of these persons to the workhouse so provided until the fines
are paid;
(28) (a) Enforce any ordinance by fines, forfeitures, and penalties,
and by other actions or proceedings in any court of competent jurisdiction;
and
(b) No fine, forfeiture or penalty may exceed five hundred
dollars ($500) or the maximum allowable under general state law,
whichever is greater, for violation of municipal ordinances;
(29) Establish schools, determine the necessary boards, officers and
teachers required therefor, and fix their compensation, purchase or otherwise
acquire land for or assess a fee for use of, or impact upon, schoolhouses,
playgrounds and other purposes connected with the schools, purchase or erect
all necessary buildings and do all other acts necessary to establish, maintain
and operate a complete educational system within the municipality;
(30) Regulate, tax, license or suppress the keeping or going at large of
animals within the municipality, impound them, and in default of redemption,
sell or kill them;
(31) Call elections as herein provided;
(32) By ordinance, assess, impose, levy and collect impact fees from new
land developments within the municipal limits, provided that the impact fees
are limited to the reasonably anticipated costs of public improvements generated
by such developments, and provided that the impact fee system and formula is
prescribed by ordinance; and
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(33) Have and exercise all powers that now or hereafter it would be
competent for this charter specifically to enumerate, as fully and completely as
though these powers were specifically enumerated.
SECTION 13. Be it further enacted that the Board may establish town
departments, offices, or agencies in addition to those created by this Charter;
and may prescribe the functions of all departments, offices and agencies not
inconsistent with this Charter. Departments, offices and agencies created by
the Board may be abolished or combined by the Board.
SECTION 14. Be it further enacted that the Board of Mayor and
Aldermen may set the annual salary of the Mayor and Alderman by ordinance,
but no ordinance increasing such salary shall become effective until after the
next election of the Town after the final reading and passage of said ordinance.
The Board of Mayor and Aldermen may further by ordinance decrease the
annual salary of the Mayor and Aldermen, but no ordinance decreasing such
salary shall become effective until the expiration of the current term of the
Mayor.
SECTION 15. This act shall have no effect unless it is approved by a
two-thirds (2/3) vote of the Legislative Body of the Town of Dandridge. Its
approval or non-approval shall be proclaimed by the Presiding Officer of the
Town of Dandridge and certified to the Secretary of State.
SECTION 16. For the purpose of approving or rejecting the provisions of
this act, it shall be effective upon becoming a law, the public welfare requiring
it. For all other purposes it shall become effective as provided in Section 15.
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PASSED: April 2, 1998
s/Jimmy Naifeh
JIMMY NAIFEH, SPEAKER HOUSE OF REPRESENTATIVES
s/John Wilder
JOHN S. WILDER, SPEAKER OF THE SENATE
APPROVED this 16th day of April 1998
s/Don Sundquist
DON SUNDQUIST, GOVERNOR
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PRIVATE ACTS COMPRISING THE CHARTER OF THE TOWN OF
DANDRIDGE, TENNESSEE YEAR CHAPTER SUBJECT
1998 137 Basic charter act (replaced Priv. Acts 1995, ch. 23).