HOUSE BILL 1630
By Lamberth SENATE BILL 1654
By Haile AN ACT to amend Chapter 306 of the Private Acts of 1951; as amended by Chapter 451 of the Private Acts of 1953;
Chapter 121 of the Private Acts of 1955; Chapter 248 of the Private Acts of 1957; Chapter 249 of the Private Acts of 1957; Chapter 26 of the Private Acts of 1963; Chapter
188 of the Private Acts of 1969; Chapter 141 of the Private Acts of 1977; Chapter 182 of the Private Acts of
1980; Chapter 140 of the Private Acts of 1986; Chapter
155 of the Private Acts of 1988; Chapter 158 of the Private Acts of 1994; Chapter 117 of the Private Acts of
1998; Chapter 126 of the Private Acts of 1998; Chapter
11 of the Private Acts of 2003; Chapter 75 of the Private Acts of 2008; Chapter 61 of the Private Acts of 2010;
Chapter 65 of the Private Acts of 2012; Chapter 80 of the Private Acts of 2014 and Chapter 8 of the Private Acts of
2015; and any other acts amendatory thereto, relative to
the charter for the City of Westmoreland.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Chapter 306 of the Private Acts of 1951, as amended by Chapter 451 of the Private Acts of 1953, Chapter 121 of the Private Acts of 1955, Chapter 248 of the Private Acts of 1957, Chapter 249 of the Private Acts of 1957, Chapter 26 of the Private Acts of 1963,
Chapter 188 of the Private Acts of 1969, Chapter 141 of the Private Acts of 1977, Chapter 182
of the Private Acts of 1980, Chapter 140 of the Private Acts of 1986, Chapter 155 of the Private Acts of 1988, Chapter 158 of the Private Acts of 1994, Chapter 117 of the Private Acts of 1998,
Chapter 126 of the Private Acts of 1998, Chapter 11 of the Private Acts of 2003, Chapter 75 of the Private Acts of 2008, Chapter 61 of the Private Acts of 2010, Chapter 65 of the Private Acts of 2012, Chapter 80 of the Private Acts of 2014, Chapter 8 of the Private Acts of 2015, and any other acts amendatory thereto, that being the charter for the City of Westmoreland, is amended by deleting the charter in its entirety and substituting instead the following:
ARTICLE I
INCORPORATION, BOUNDARIES, CORPORATE AUTHORITY
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 SECTION 1. Incorporation. Be it enacted by the General Assembly of the State of Tennessee, that that section of Sumner County, Tennessee, comprised and included within the limits and boundaries set out in Section 2 hereof, and the inhabitants thereof,
are hereby incorporated and constituted a body politic and corporate by the name and style of "City of Westmoreland," and shall have perpetual succession; that, by the corporate name may sue and be sued, contract and be contracted with, plead and be
impleaded, grant, purchase, reserve, hold property, real, personal and mixed, within or
beyond the corporate limits of the City; may sell, lease or dispose of such property for the benefit of the City and may do all other acts touching the same as natural persons,
except those things herein forbidden; may have and use a corporate seal, changeable at
the pleasure of the City Council.
SECTION 2. Corporate boundaries. Be it further enacted, that the boundaries and corporate limits of the City of Westmoreland shall embrace and encompass the territory within the following boundaries, to wit:
Beginning at a point between forks of Jackson Highway and branch to east Johns Station, about 2 yards from junction; thence North 30 1/2 degrees west 43
chains to a point where a new street from east meets Austin Peay Highway east of New Hope Church, said point north and east of junction; thence north 15
degrees 45 minutes East 37 chains to a point west side of Highway 31E about 40
yards North of gate to Earl Browns lot; thence North 60 1/2 degrees East 39.55
chains to a utility pole with transformer between homes of Wilburn Dorris and Chas. Jones; thence South 85 112 degrees East 34.60 chains to the Southwest comer of Tee Maggarts barn just east of Pleasant Grove Road; thence South 17
degrees East 59.35 chains to a utility pole at south east comer lot of Les McDole,
just South of Street; thence South 8 112 degrees West 17.50 chains to a white oak on south side of Austin Peay Highway in lot of W. G. Caldwell near home of
Garlan McDole; thence South 8 112 degrees West 19.35 chains to a tall
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 sassafras tree, two maples 20 feet to north an near corner wood lot of W. G.
Caldwell; thence South 31 degrees West 28 chains to large oak in bend of road where a road to tunnel turns west from road leading south from school; thence North 53 degrees West 30.25 chains to a clump of trees south edge of road a short way east of tunnel; thence South 88 degrees West 29.70 chain to the beginning.
SECTION 3. Corporate authority vested in mayor, other officers. Be it further enacted, that the corporate authority of such city shall be vested in a mayor and a city council consisting of five (5) aldermen.
SECTION 4. Authority to supervise platting, etc., of city property. Be it further enacted, that the City Planning Commission shall have and exercise supervision of the platting, replatting, and subdividing of property within the corporate limits of said City of
Westmoreland to the extent of controlling the layout and width of streets provided for in
said plats or subdivisions, so that they may be made to conform to connecting streets and highways. The Register of Deeds of Sumner County, Tennessee, shall not register any map or plat or subdivision of any land subdivided into more than three lots or
parcels, or designating any lands for street purposes lying within the corporate limits of
the City of Westmoreland, unless such plat, map or subdivision shall be approved by the City Planning Commission. Any Register of Deeds found guilty of violating this Section shall pay a fine of not less than fifty ($50.00) Dollars nor more than Five Hundred
($500.00) Dollars, and the registration of any unapproved plat, map or subdivision shall have no legal effect.
ARTICLE II
CORPORATE POWERS
SECTION 1. Corporate powers enumerated. Be it further enacted, that such corporation shall have full power by ordinance within the corporate limits:
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 (1) To levy, assess, and collect taxes upon all property, and on all subject or objects of taxation, polls and privileges, within such limits, taxable by
law for State purposes.
(2) To make special assessments for municipal improvements.
(3) To contract and be contracted with.
(4) To appropriate money and provide for the payment of the debts of the City and to borrow money.
(5) To expend the money of the City for all lawful purposes.
(6) To acquire, receive, and hold, maintain, improve, sell, lease, or otherwise dispose of property, real or personal, and any estate or interest therein, within or without the City or State, except such as may hereinafter be
prohibited.
(7) To condemn property, real or personal, or any easement, interest,
estate or us therein, either within or without the City, for the present or future public use, such condemnation to be made and effected in accordance with the terms and provisions of Tennessee Code Annotated, Title 29, Chapter 16, or in
such other manner as may be provided by general law.
(8) To acquire, construct, own, operate and maintain public utilities, or any estate or interest therein, or any other utility of service to the City, the inhabitants, or any part thereof, subject to conditions hereinafter provided.
(9) To grant to any person, firm, association or corporation, franchise for public utilities and public services to be furnished the City and the inhabitants thereof.
(10) To make contracts, subject to conditions hereinafter provided, with any persons, firm, association, or corporation, for public utilities and public service to be furnished the City and inhabitants thereof.
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 (11) To establish, open, relocate, vacate, close or abandon, alter, widen,
extend, grade, improve, repair, construct, reconstruct, maintain, light, sprinkle,
and clean, public streets, public highways, boulevards, parkways, sidewalks,
alleys, parks, public grounds and squares, bridges, viaducts, subways, tunnels,
sewers, privies, toilets and drains within the corporate limits and to regulate the use thereof within the corporate limits, and property may be taken and appropriated therefor under provisions of Tennessee Code Annotated, Sections
7-31-107 through 7-31-111 and 29-16-114, or in such other manner as may be
provided by law.
(12) To provide for the construction and repair of sidewalks and curbs,
and for the cleaning of same and all gutters and streets, at the expense of the owners of the ground fronting thereon; to provide for the removal of all encroachments into and upon any street, alley, or other property of the City, and for the removal of all obstructions from sidewalks, including snow, ice and earth,
the cutting and removing of obnoxious weeds and rubbish, the cleaning and rendering sanitary, or the removal of closets and privies, pig pens, stables and slaughter houses at the expense of the owners of the property or the owner of
the abutting property. The expense of all of the above shall be a debt against the owner or owners, and shall constitute a lien on the lot or lots of such owner or
owners. Such lien and debt may be enforced and recovered by the City in the Chancery Court of Sumner County, Tennessee, and such Court is hereby given jurisdiction of such liens and debts regardless of the amounts involved. Also, to regulate and prevent the running at large and tying and fastening of cattle, hogs,
horses, mules, stock and other animals of all kinds, and stationing, placing, or leaving of teams, wagons, or other vehicles on the street, or fast riding or driving on the streets.
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 (13) To acquire, purchase, provide for, construct, regulate and maintain,
and to do all things relating to all marketplaces, public buildings, bridges, market houses, sewers and other structures, works and improvements.
(14) To collect and dispose of drainage, sewage, offal, ashes, garbage,
and refuse, or to license and regulate such collection and disposal.
(15) To license and regulate all persons, firms, and corporations,
companies and associations, engaged in any business, occupation, calling or
profession or trade no forbidden by law.
(16) To impose a license tax upon any animal, vehicle, thing, business,
vocation pursuit, privilege, or calling not prohibited by law.
(17) To define, prohibit, abate, suppress, prevent and regulate all acts,
practices conduct, business occupations, callings, trades, uses or property, and all other thing whatsoever detrimental, or liable to be detrimental, to the health,
morals, comfort, safety convenience, or welfare of the inhabitants of the City and to exercise general police powers and to make and enforce regulations to secure the general health of the citizens and to remove and prevent nuisances.
(18) To prescribe the 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.
(19) To regulate the location, bulk, occupancy, area, lot, height,
construction and materials, including plumbing and electrical wiring of all buildings and structures, and to inspect all buildings, lands, and places as to their condition for health, cleanliness and safety, and when necessary, prevent the use thereof and require any alterations or changes necessary to make them healthful, clean or safe.
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 (20) To provide, construct, and maintain, or donate to charitable,
educational, recreative, curative, corrective, detention, or penal institutions,
departments, functions, facilities, instrumentalities, conveniences and services.
To comply with state Department of Health rules regarding isolation or quarantine of contagious or infectious diseases as required by general law.
(21) To impose fines, forfeitures, and penalties for the breach of any ordinance and to provide for their recovery and appropriation; to provide for the enforcement of ordinances of the city; to prescribe limits within which business occupations and practices liable to be nuisance or detrimental to the health,
morals, security or general welfare of the people may lawfully be established,
conducted or maintained; fines, forfeitures and penalties imposed for the breach of ordinances of said city may be recovered before the city recorder.
(22) To enforce any ordinance, rule or regulation by means of fines,
forfeitures and penalties, or by action or proceedings in any court of competent jurisdiction, or by any one (1) or more of such means and to impose costs as a part thereof but no fine, forfeiture or penalty shall exceed fifty dollars ($50.
(23) To regulate, tax, license, require vaccination or suppress the keeping and running at large of animals within the City; to impound the same and in default of redemption, to sell or kill the same.
(24) To provide the City with water, natural gas and electricity, by water works, electric distribution systems, gas distribution systems, within or beyond the boundaries of the City.
(25) To erect, establish, open, close and remove bridges, sewers,
gutters, hydrants or cisterns.
(26) To establish, support, and regulate a police department and to
appoint a Chief of Police or police officers when it is necessary.
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 (27) To provide for the enclosing, improving, and regulating the public grounds and buildings belonging to the City within or without the corporate limits.
(28) To provide for the prevention and extinguishment of fires, to establish and equip a fire department or to purchase firefighting equipment and erect or purchase building for the housing of same; to restrain or prohibit the erection of wooden or combustible buildings in any part of the City; to regulate and prevent the carrying on of any business dangerous in causing or producing fires; to regulate the storage of all combustible inflammable or explosive materials, and the use of lights or fire in the City, or the cleaning, burning, and sweeping of chimneys or stove pipes, and to regulate or prevent the discharging,
firing, shooting, or carrying of guns, pistols and fireworks in the City.
(29) Council shall have the power to designate from time to time a depository or depositories in which all the funds of the City shall be kept, and it
shall because for removal from office of any City official, to refuse to deposit the funds in such official's hands in the depository or depositories so designated.
(30) The City of Westmoreland shall have the right of eminent domain for all municipal purposes named in this Charter and to that end shall have the right to condemn property, the proceedings of condemnation to be governed by
Tennessee Code Annotated, Title 29 Chapter 16.
(31) To have and exercise all powers which now or hereafter it would be
competent for this Charter specifically to enumerate, as fully and completely as
though said powers were specifically enumerated herein.
SECTION 2. Repeal of conflicting laws. Be it further enacted, that all laws and parts of laws in conflict with this Act, including, but not limited to, Chapter 356 of the Private Acts of 1939, and Chapter 247 of the Private Acts of 1941, be and the same are hereby repealed.
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 SECTION 3. City successor of trustees created by private act. Be it further enacted, that the City of Westmoreland, the municipal corporation created by this Act,
shall succeed to all of the property, of every sort and description, owned, controlled,
managed or held by the Trustees authorized and created by Chapter 356 of the Private Acts of 1939 and Chapter 247 of the Private Acts of 1941, and the title to same is hereby divested out of said Trustees and vested in the City of Westmoreland created by this Act.
SECTION 4. Enumeration of powers not exclusive. Be it further enacted, that the enumeration of particular powers in this Charter is not exclusive of others, nor restrictive of general words or phrases granting powers, nor shall a grant or failure to
grant powers in this charter, and whether powers, objects, or purposes are expressed conjunctively or disjunctively, they shall be construed so as to permit the City to exercise freely anyone or more of such powers as to anyone or more of such objects for anyone or more of such purposes.
ARTICLE III
CITY GOVERNMENT GENERALLY
SECTION 1. Mayor, City Council, and other officers. Be it further enacted, that the governing body of such municipality shall be composed of a mayor and a City Council, which shall consist of five (5) aldermen. The other officers of such municipality shall be a recorder, a treasurer, a city judge, and a city attorney.
SECTION 2. First officeholders listed; first election authorized. Be it further enacted, that from the date of the taking effect of this Act and until January 1, 1953,
Virgil Williams shall be Mayor of said City; James Brown, Hilary Harrison, H. G. Kirby,
Jr., D. B. Upton and Joe McKinney, shall be Aldermen, and their successors shall be
elected at the election to be held for that purpose on the first Thursday of December,
1952, or at such time as the said corporation may by Ordinance determine: Joe Young Law shall be Reco