HOUSE BILL 2999
By Eldridge SENATE BILL 2983
By Southerland
a*103/1903,506/1903,203/1907,502/1907,314/1909,84/1915,543/1917,640/1917,616/1921,23/1
925,598/1925,446/1927,792/1927,581/1929,718/1929,158/1931,296/1931,441/193124/1935,52
7/1941,266/1945,206/1947,689/1947,297/1949,298/1949,473/1951,72/1953,73/1953,74/1953,5
65/1953,247/1959,41/1961,112/1963,283/1965,487/1967,128/1971,207/1972,7/1977,256/1978,
269/1978,196/1980143/1994,214/1984,138/2000,4/2001,7/2001,78/2004,45/2010,44/2012,52/2
012
AN ACT to amend Chapter 103 of the Acts of 1903; as amended by Chapter 506 of the Acts of 1903; Chapter 502 of the Acts of 1907; Chapter 203 of the Acts of 1907; Chapter
314 of the Acts of 1909; Chapter 84 of the Private Acts of
1915; Chapter 543 of the Private Acts of 1917; Chapter
640 of the Private Acts of 1917; Chapter 616 of the Private Acts of 1921; Chapter 23 of the Private Acts of
1925; Chapter 598 of the Private Acts of 1925; Chapter
446 of the Private Acts of 1927; Chapter 792 of the Private Acts of 1927; Chapter 718 of the Private Acts of
1929; Chapter 581 of the Private Acts of 1929; Chapter
296 of the Private Acts of 1931; Chapter 158 of the Private Acts of 1931; Chapter 527 of the Private Acts of
1941; Chapter 266 of the Private Acts of 1945; Chapter
206 of the Private Acts of 1947; Chapter 689 of the Private Acts of 1947; Chapter 298 of the Private Acts of
1949; Chapter 297 of the Private Acts of 1949; Chapter
473 of the Private Acts of 1951; Chapter 565 of the Private Acts of 1953; Chapter 73 of the Private Acts of
1953; Chapter 74 of the Private Acts of 1953; Chapter 72
of the Private Acts of 1953; Chapter 247 of the Private Acts of 1959; Chapter 41 of the Private Acts of 1961;
Chapter 112 of the Private Acts of 1963; Chapter 283 of the Private Acts of 1965; Chapter 487 of the Private Acts of 1967; Chapter 128 of the Private Acts of 1971;
Chapter 207 of the Private Acts of 1972; Chapter 7 of the Private Acts of 1977; Chapter 256 of the Private Acts of
1978; Chapter 269 of the Private Acts of 1978; Chapter
214 of the Private Acts of 1984; Chapter 138 of the Private Acts of 2000; Chapter 7 of the Private Acts of
2001; Chapter 4 of the Private Acts of 2001; Chapter 78
of the Private Acts of 2004; Chapter 45 of the Private Acts of 2010; Chapter 44 of the Private Acts of 2012;
Chapter 52 of the Private Acts of 2012; Chapter 441 of the Private Acts of 1931 and Chapter 196 of the Private Acts of 1980; and any other acts amendatory thereto,
relative to the charter for the City of Morristown.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SB2983
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 SECTION 1. Chapter 103 of the Acts of 1903, as amended by Chapter 506 of the Acts of 1903, Chapter 502 of the Acts of 1907, Chapter 203 of the Acts of 1907, Chapter 314 of the Acts of 1909, Chapter 84 of the Private Acts of 1915, Chapter 543 of the Private Acts of 1917,
Chapter 640 of the Private Acts of 1917, Chapter 616 of the Private Acts of 1921, Chapter 23 of the Private Acts of 1925, Chapter 598 of the Private Acts of 1925, Chapter 446 of the Private Acts of 1927, Chapter 792 of the Private Acts of 1927, Chapter 718 of the Private Acts of 1929,
Chapter 581 of the Private Acts of 1929, Chapter 296 of the Private Acts of 1931, Chapter 158
of the Private Acts of 1931, Chapter 441 of the Private Acts of 1931, Chapter 24 of the Private Acts of 1935, Chapter 527 of the Private Acts of 1941, Chapter 266 of the Private Acts of 1945,
Chapter 206 of the Private Acts of 1947, Chapter 689 of the Private Acts of 1947, Chapter 298
of the Private Acts of 1949, Chapter 297 of the Private Acts of 1949, Chapter 473 of the Private Acts of 1951, Chapter 565 of the Private Acts of 1953, Chapter 73 of the Private Acts of 1953,
Chapter 74 of the Private Acts of 1953, Chapter 72 of the Private Acts of 1953, Chapter 247 of the Private Acts of 1959, Chapter 41 of the Private Acts of 1961, Chapter 112 of the Private Acts of 1963, Chapter 283 of the Private Acts of 1965, Chapter 487 of the Private Acts of 1967,
Chapter 128 of the Private Acts of 1971, Chapter 207 of the Private Acts of 1972, Chapter 7 of the Private Acts of 1977, Chapter 256 of the Private Acts of 1978, Chapter 269 of the Private Acts of 1978, Chapter 196 of 1980, Chapter 214 of the Private Acts of 1984, Chapter 143 of the Private Acts of 1994, Chapter 138 of the Private Acts of 2000, Chapter 7 of the Private Acts of
2001, Chapter 4 of the Private Acts of 2001, Chapter 78 of the Private Acts of 2004, Chapter 45
of the Private Acts of 2010, Chapter 52 of the Private Acts of 2012, Chapter 44 of the Private Acts of 2012, and any other acts amendatory thereto, that being the charter for the City of
Morristown, is amended by deleting Chapter 103 of the Acts of 1903 in its entirety and substituting instead the following:
CHARTER OF THE CITY OF MORRISTOWN, TENNESSEE
ARTICLE I.
Sec. 1. Incorporation.
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 The inhabitants of the City of Morristown, as the same extends and is laid out, are hereby constituted a corporation and body politic, by the name and style of the "City of Morristown," and by the same name shall have perpetual succession; shall sue and be sued, plead and be impleaded, in all courts of law and equity, and in all actions whatsoever, may purchase, receive and hold property, real and personal in their said city, and may sell, lease or dispose of the same for the benefit of said city; and may purchase, receive and hold property,
real and personal, beyond the limits of the city, for corporate purposes; and may sell, lease or dispose of such property for the city; and to do all other acts, as natural persons. They shall have and use a common seal and change it at pleasure. They may own and control a waterworks system, electric light plant,
gas plant and public school buildings and equipment.
Sec. 2. City council.
There shall be a city council, which shall consist of a mayor and six (6)
council members, who shall be elected by the qualified voters of the city to serve for a term of four (4) years, and until their successors are elected and qualified.
No person shall be elected to the council unless they are at least twenty-one (21)
years of age by the election date, or to the office of mayor unless they are at
least twenty-one (21) years of age by the election date, and whether council or
mayor, shall be a citizen of the State of Tennessee, and a bona fide resident of
the city for at least one (1) year immediately preceding the election date. One (1)
council member shall be elected from each of the four (4) wards of the city, as said wards are modified by reapportionment, which reapportionment shall be
accomplished by the governing body based upon the most recent federal census and shall thereafter be accomplished as required by law, and such council member shall be a resident of that ward, and two (2) council members and the mayor shall be elected at large and may reside in any city ward. The four (4)
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 council members representing particular city wards shall be voted for and elected by the voters of their respective city wards, and the mayor and the two (2) at-
large council members shall be voted for and elected by the voters of all wards of
the city.
Any person elected to the city council who removes from the city shall thereby vacate his or her office.
Before entering upon the duties of office, the mayor and council members shall take an oath to faithfully demean themselves in office, and perform the duties thereof. All vacancies in the council, including the office of mayor, shall be
filled by a vote of a majority of the remaining members thereof, to serve until the next city election for members of council.
Sec. 3. Biennial elections; qualifications of electors; qualifications and duties of
mayor.
Beginning in the year 2024, the terms of all sitting council members and mayor shall be extended such that council members previously representing the first ward and the third ward, having last been elected in May of 2021 and the at-
large member last elected in May of 2021, may remain in their capacities until their successors are elected and seated, said elections to be held the first Tuesday following the first Monday in November of 2026, and that the mayor and council members previously representing the second ward and the fourth ward,
having last been elected in May of 2023 and the at-large member last elected in
May of 2023, may remain in their capacities until their successors are elected and seated, said elections to be held the first Tuesday following the first Monday in November of 2028. A transition seating newly elected council members and/or mayor shall occur on the last Monday of November following elections, provided elections have been certified by that date. Otherwise, a transition seating newly
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elected council members and/or mayor shall occur on the next Monday following such certification.
The recipient of the most votes for any seat shall be determined to be the council member-elect (or mayor-elect). When two (2) or more candidates have an equal number of votes preventing a determination of the winner, the election for any undetermined seat(s) shall be decided by a majority vote(s) of the mayor and city council, excluding members whose seats are in dispute by virtue of the tie if that member is actively seeking reelection.
Every person entitled to vote for members of the General Assembly by
the laws of the State and who shall have been a bona fide resident within the corporate limits for thirty (30) days next preceding the election shall be entitled to
vote therein.
Nonresidents holding a freehold within the corporate limits of an assessed valuation of one hundred dollars ($100.00) or other property subject to
corporation taxes amounting to one hundred dollars ($100.00) or over, shall be
entitled to vote at said election. The election shall be held as now provided by
the laws of the State of Tennessee for such elections.
No person shall be elected mayor who is not at the time of election at
least twenty-one (21) years of age, a citizen of the State of Tennessee, and a bona fide resident of the city for at least one (1) year immediately preceding the election date. No council member whose term extends beyond the next mayoral election may qualify as a candidate for the office of mayor if such council member holds office as such thirty (30) days prior to the final day for qualification as a candidate for mayor.
Such council member shall not be disqualified from being appointed by
the council to serve as a council member until the next city election for members of council and mayor, to fill the vacancy created by his or her resignation from
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office. The mayor may fill all vacancies occurring in any offices, except that of
council member, until the same be filled by election. It shall be the duty of the mayor to preside at all meetings of the council; to see that all the ordinances of
the city are duly enforced, respected and observed within the city; to take an oath of office before entering upon the duties of the same; and to call special sessions of the council when the mayor deems it expedient. The mayor shall be entitled to
a vote upon all matters before the council the same as a council member,
whether there be a tie or not, but shall not be entitled to vote as mayor and an
additional vote as presiding officer.
Sec. 4. Appointment of city officers, employees, etc.; city administrator.
The city council shall have full power and authority to appoint all officers,
servants and agents of the corporation, such as they may deem necessary and provide by ordinance. They shall also fix the compensation of such officers before their election, which shall not be increased or diminished during their continuance in office.
They shall also have power to dismiss any officer, servant or agent, by them appointed, three-fifths (3/5) of said council concurring in such dismissal.
The council, by resolution, may appoint and fix the salary of the city administrator, who shall serve at the pleasure of the council, except that he or she may be removed during his or her first year in office only for incompetence or
neglect of duty. He or she shall be appointed solely on basis of his or her executive and administrative qualifications, without regard to his or her political affiliations or place of residence, but during his or her tenure in office may reside outside the city only with the consent of the council. He or she shall give his or
her full time to the office unless otherwise provided by resolution. The council may remove the city administrator only after adopting a preliminary resolution stating the reasons for his or her proposed removal, which shall be published
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once in the official city newspaper. If within five (5) days after such publication the city administrator delivers to the mayor a written request for a hearing, a public hearing shall be held within ten (10) to twenty (20) days after publication of
the preliminary resolution, to consider any written or oral statement he or she wishes to make, in person or through counsel. After following this procedure,
and after the public hearing, if one be held, the council may adopt a final resolution of removal from which there shall be no appeal. The preliminary resolution may suspend the city administrator from duty, but in any event he or she shall be paid his or her regular salary until the time of adoption of the final resolution or removal. The council may, and if the council does not, the city administrator shall, designate a person to act as city administrator during his or
her absence or inability to act. An acting city administrator may be appointed by
the council to fill a vacancy in the office for not to exceed one (1) year, who may be removed by the council at any time without regard to the procedure prescribed in this section for removal of the city administrator.
The city administrator shall be the executive head of the city government,
responsible to the council for the efficient, orderly and business-like administration of the city's affairs. He or she shall be responsible for the enforcement of laws, rules and regulations, ordinances and franchises of the city,
and the city attorney shall take such legal actions as the city administrator may direct for such purposes. The city administrator shall have authority to appoint,
promote, demote, transfer, suspend and remove all department heads and employees and to direct and control their work, except as otherwise provided in
this Act. He or she shall attend all meetings of the council when possible to do so and may participate in the discussions of the council, but shall have no vote.
He or she shall submit to the council annual budgets, reports and such other information as he or she may deem necessary or that the council may require.
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 He or she shall have authority to make allotments of funds within the limits of
appropriations and no expenditure shall be made without his or her approval. He or she shall act as purchasing agent for the city. He or she may conduct inquiries and investigations into the conduct of the city's affairs and shall have such other powers and duties as may be provided by ordinances not inconsistent with this Act. All acts performed by the city administrator pursuant to the authority granted by this section shall be subject to review by the city council, and any authority granted to the city administrator by this Section 4 may be enlarged or diminished, three-fifths (3/5) of said council concurring in such action.
Sec. 5. Powers of city generally. Said city council shall have power within the corporation:
(1) Assessment, collection, etc., of property taxes; tax assessor. To levy,
assess and collect taxes for municipal purposes upon property within said municipality, or otherwise liable therefor, taxable by law, for state purposes.
(2) Taxes on privileges. To levy and collect taxes upon all privileges,
taxable by the laws of the state.
(3) Appropriations and expenditures. To appropriate money and provide for the payment of the debts and expenses of the city and to appropriate money for charitable uses and purposes, and provide by ordinance for the expenditure of the same, and, if necessary, to levy a special tax for such charitable uses and purposes. The fiscal year of the city shall begin on the first day of July and end on the last day of June.
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(5) Schools. To establish a system of free schools within the city and by
proceedings accruing to the general law of the land condemn property within the municipality for school and corporate purposes.
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 (6) General health; nuisances; vagrancy. To make regulations to secure the general health of the inhabitants and to prevent and remove nuisances; to regulate and suppress vagrancy.
(7) Open, vacate, pave, etc., streets and sidewalks. To open, alter,
abolish, widen, extend, establish, grade, pave or otherwise improve, clean and keep in repair streets, alleys and sidewalks, or to have the same done, and to
grant privileges and franchises in the use of the same.
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