HOUSE BILL 1549
By Hawk SENATE BILL 1541
By Southerland AN ACT to amend Chapter 563 of the Acts of 1903; as amended by Chapter 64 of the Acts of 1907; Chapter 647 of the Private Acts of 1911; Chapter 158 of the Private Acts of
1915; Chapter 170 of the Private Acts of 1915; Chapter 3
of the Private Acts of 1917; Chapter 397 of the Private Acts of 1919; Chapter 23 of the Private Acts of 1919;
Chapter 231 of the Private Acts of 1919; Chapter 764 of the Private Acts of 1927; Chapter 232 of the Private Acts of 1941; Chapter 669 of the Private Acts of 1947;
Chapter 154 of the Private Acts of 1947; Chapter 248 of the Private Acts of 1953; Chapter 264 of the Private Acts of 1955; Chapter 119 of the Private Acts of 1961;
Chapter 181 of the Private Acts of 1996; Chapter 37 of the Private Acts of 2012 and Chapter 53 of the Private Acts of 2014; and any other acts amendatory thereto,
relative to the Town of Greeneville.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Chapter 563 of the Acts of 1903, as amended by Chapter 64 of the Acts of
1907, Chapter 647 of the Private Acts of 1911, Chapter 158 of the Private Acts of 1915, Chapter
170 of the Private Acts of 1915, Chapter 3 of the Private Acts of 1917, Chapter 397 of the Private Acts of 1919, Chapter 23 of the Private Acts of 1919, Chapter 231 of the Private Acts of
1919, Chapter 764 of the Private Acts of 1927, Chapter 232 of the Private Acts of 1941, Chapter
669 of the Private Acts of 1947, Chapter 154 of the Private Acts of 1947, Chapter 248 of the Private Acts of 1953, Chapter 264 of the Private Acts of 1955, Chapter 119 of the Private Acts of 1961, Chapter 181 of the Private Acts of 1996, Chapter 37 of the Private Acts of 2012, and Chapter 53 of the Private Acts of 2014, and any other acts amendatory thereto, is deleted and replaced by the following charter:
TABLE OF CONTENTS
1. Incorporation; boundaries; name; and general powers
2. Governing body; terms and qualification of members; vacancies; elections; administrative officers; wards SB1541
000136
-1-
3. Qualifications for voting
4. Powers and duties of the Mayor
5. City Council
6. City manager appointment, duties, and removal
7. Miscellaneous powers of the Mayor and Council Members
8. City judge
9. Execution of state warrants
10. Publication of ordinances
11. Authority to purchase, hold, use, and dispose of property outside corporate limits
12. Compensation of officers, employees, Mayor and Council Members
13. Limitation on expenditures and debts; Recorder to make regular reports
14. Forbidden appropriations, expenditures, loans; borrowing in anticipation of taxes; issuance of bonds for public purposes
15. Bonds
16. Maximum tax rate
17. Passage of ordinances
18. Officers not to contract with town; officers not to be allowed extra pay
19. Public property exempt from seizure, garnishment of funds
20. Budget required for tax levy
21. Estimates to control appropriations
22. Warrants to show purpose for which issued
23. Recorder to make itemized reports
24. Individual liability of Mayor and Council Members
25. Jurisdiction to enforce laws and ordinances
26. Appeals to circuit court
27. Collection of taxes, fines, forfeitures, and penalties
28. Status of prior ordinances
-2- 000136
29. Elections for the Water and Light Commission
30. Elections for the Greeneville Board of Education
31. Terms not affected
32. No impairment of existing rights or obligations SECTION 1: Incorporation; boundaries; name; and general powers Section 1. The inhabitants of the territory heretofore incorporated under the name of the Town of Greeneville, situated in the Tenth Civil District of Greene County, said boundaries being established by Chapter 563 of the Private Acts of Tennessee of 1903 as amended from time to
time and by subsequent annexations and de-annexations, be and they are hereby constituted a municipal corporation and body politic under the name of the "Town of Greeneville," and by the same name shall have perpetual succession, may 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 within said boundaries and may sell, lease, or dispose of the same for the benefit of said town and may do all such other acts touching the same as natural persons. They shall have and use a common seal and change it at pleasure.
SECTION 2: Governing body; terms and qualification of members; vacancies; elections;
administrative officers; wards Section 2. The governing body of said Town of Greeneville shall be known as the City Council and shall consist of a Mayor, to be elected by the whole town, and four (4) Council Members elected in the manner as hereinafter set forth. No Council Member while in office shall qualify for election to the office of Mayor. No person shall be Mayor or Council Member unless he is a citizen of the State of Tennessee and county of Greene, and a bona fide resident within said Town of Greeneville. Further, each Council Member shall be resident of the ward from which he is elected and shall have resided within said ward for one (1) year before his election, and any Council Member removing from the ward from which he is elected after his election shall thereby vacate his office. The present Aldermen shall be known as Council Members from the date of the approval of this Act by the Board. Nothing in this Section 2 shall
-3- 000136
diminish or enlarge the rights, duties, and responsibilities of the Mayor or Aldermen; the intent of
this Section 2 is simply to change the name of the governing body from the Board of Mayor and Aldermen to the City Council and the name of the office of Alderman to Council Member, to extend the terms of office from two (2) years to four (4) years, and to clarify the right of the Mayor to vote as a tie-breaker in the filling of a vacancy in the office of Vice-Mayor or Council Member. All references to the Town's Board of Mayor and Aldermen in any organizational document, agreement, contract, memorandum of understanding, grant, resolution, ordinance or
private act currently in effect shall be deemed to be a reference to the City Council.
The terms of office for Mayor and Council Member shall be four (4) years with terms beginning on September 1st and ending on August 31st. Provided, however, the present Mayor and Aldermen of said town shall continue in office as Mayor and Aldermen/Council Member,
respectively, of said town until their respective terms of office expire, at which time their successors shall be elected. Provided further, however, the term of office for Council Members beginning September 2023 shall be a three-year term ending August 31, 2026. Thereafter, the Mayor and Council Members shall serve for four-year terms with elections held concurrently with the general elections in August.
The City Council shall elect a Vice-Mayor to fill the duties of Mayor should the Mayor be
absent, incapacitated, or the Office of Mayor be vacated. The Office of Vice-Mayor shall be
elected at the first regularly scheduled City Council meeting in September and the Vice-Mayor shall hold that office for a term coinciding with the Vice-Mayor's then remaining term as Council Member. Provided however, the existing Vice-Mayor shall remain Vice-Mayor for the term of his office as Council Member.
All vacancies in the office of the Mayor, Vice-Mayor, or Council Member shall be filled by
the vote of the majority of the remaining Council Members. An election filling a vacancy shall be
only for the unexpired term of the affected member. In the event of a tie vote with respect to a vacancy in the office of Vice-Mayor or Council Member, the Mayor shall be entitled to vote as a tiebreaker.
-4- 000136
 Said Town of Greeneville shall consist of only two (2) wards to be marked and divided by
Church Street in said Town, the territory lying North of Church Street to constitute the First Ward, and the territory lying South of Church Street to constitute the Second Ward of said Town. The City Council shall review the ward districts within the calendar year after each decennial U.S. Census Bureau census results are released. The City Council by ordinance may from time to time change ward boundaries to maintain an approximate equal population within the two (2) ward districts.
SECTION 3: Qualifications for voting Section 3. All persons owning real estate of a taxable value of one hundred dollars
($100) or over within such corporation, all persons living therein and who have been residents thereof for six (6) months previous to said election, and all persons owning personal property of
a taxable value of one hundred dollars ($100) or over, taxable above exemptions in said corporation and who are entitled to vote for members of the General Assembly shall be entitled to vote in elections in said municipality.
SECTION 4: Powers and duties of the Mayor Section 4. The Mayor shall preside at all meetings of the City Council and make such suggestions and give such instructions with reference to the action of such City Council as in his judgment will be most conducive to the interests of the town. The Mayor shall by written communication, lay before the City Council any information needed, and recommend such measures as he may deem expedient. The Mayor may call special meetings of the City Council, and when called he shall state the reason for convening them by message, and the action of the City Council shall be limited to said matter and that only. The Mayor shall make appointments to boards and commissions as authorized by law. The Mayor shall have the authority to countersign all checks and drafts drawn upon the treasury by the treasurer and shall sign all contracts which require his signature by law or as authorized or directed by the City Council. The Mayor shall have the veto power over any action of the City Council, giving his reasons therefore in writing, but the City Council may, by a three-fourths (3/4) affirmative vote of
-5- 000136
the entire City Council, pass the same over his veto; or if he fails to return the same on or before the next regular meeting of the City Council, he shall be deemed to have approved the same,
and the same shall become a law without further action of the City Council, and every law,
ordinance, resolution, or vote, except on question of adjournment, shall require the approval of
the Mayor before it shall have effect, except as above provided. The Mayor shall have no vote in matters before the City Council except in the event of a tie vote by the Council Members, in which event the Mayor shall be entitled to vote as a tiebreaker.
SECTION 5: City Council Section 5. The legislative and all other powers, except as otherwise provided by this Charter, are hereby delegated to and vested in the City Council, and the City Council may by
ordinance or resolution not inconsistent with this Charter prescribe the manner in which any powers of the city shall be exercised, provide all means necessary or proper therefor, and do all things needful within or without the city or state to protect the rights of the city.
SECTION 6: City manager appointment, duties, and removal Section 6. The City Council shall appoint and fix the salary of a city manager, who shall serve at their will and pleasure. The city manager shall be appointed by virtue of experience or
educational qualifications, or both.
In the temporary absence or disability of the city manager, the city manager shall appoint another city employee who shall serve as acting city manager. If and when the city manager's absence exceeds thirty (30) consecutive days, the City Council shall have the right to appoint another department head or another city employee as the acting city manager.
The city manager shall be the chief administrative officer of the town. The city manager shall be responsible to the City Council for the administration of all town affairs placed in his charge by or under this charter.
The city manager shall have the following duties:
(1) To administer the business of the town and execute all contracts except as
otherwise provided by this charter or by law;
-6- 000136
 (2) To make recommendations to the City Council for improving the quality and quantity of public services to be rendered by the officers and employees to the inhabitants of the town;
(3) To appoint and, when deemed necessary for the good of the service,
discipline, suspend, or remove all city employees and appointive officers provided for by
or under this charter, subject to the provisions of Chapter 179 of the Private Acts of
1953, as amended, "Civil Service", and in accordance with the personnel rules adopted by the City Council and not in conflict with this charter;
(4) To direct and supervise the administration of all departments, offices, and agencies of the town, except as otherwise provided by this charter or by law;
(5) To attend all City Council meetings and have the right to take part in
discussion, but may not vote;
(6) To see that all laws, provisions of this charter and acts of the City Council,
subject to enforcement by the city manager or by officers subject to his direction and supervision, are faithfully executed;
(7) To prepare and submit the annual budget and an annual capital budget update to the City Council at the appropriate time;
(8) To submit to the City Council and make available to the public a complete report on the finances and administrative activities of the town as of the end of each month and at the end of the fiscal year;
(9) To make such other reports as the City Council may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision; and
(10) To keep the City Council fully advised as to the financial condition and future needs of the town and make such recommendations to the City Council concerning the affairs of the town as he deems desirable.
-7- 000136
 The City Council and its members shall deal with the administrative services of the town only through the city manager, except for the purpose of inquiry, and neither the City Council nor any member thereof shall give orders or instructions to any subordinates of the city manager. The city manager shall take instructions from the City Council when they are sitting in
a duly convened meeting of the City Council.
The city manager shall not be removed from office, other than for misconduct in office,
during or within a period of thirty (30) days following the beginning of a new term of office next succeeding any general municipal election held in the town, at which election a new member of
the City Council is elected, or when a new member is appointed. The purpose of this provision is to allow any newly elected or appointed member of the City Council to observe the actions and ability of the city manager in the performance of the powers and duties of his office. After the expiration of the aforementioned thirty (30) day period, the city manager may be removed by
a majority vote of the City Council.
SECTION 7: Miscellaneous powers of the mayor and council members Section 7. The City Council shall have the power by ordinance or by resolution within the municipality:
(1) To assess property located within said municipality and taxable thereby for taxation, and to levy and collect taxes, ad valorem, and privilege, for corporation purposes upon merchants, and all taxable privileges within said city and within one (1)
mile thereof, and upon polls and property, real, personal, and mixed, located within the limits of said Town of Greeneville, all such property to be taxed only for legitimate and lawful municipal purposes, but such property, privileges, and polls shall be taxed for corporation purposes by said Town of Greeneville at not exceeding the rate and limit fixed and provided by said Chapter 563 of the Acts of 1903 and the general law;
(2) To appropriate money and provide for the payment of all debts and current expenses of the city;
-8- 000136
 (3) To make regulations necessary to preserve the health of the municipality; to prevent and remove nuisances within the same, and within one (1) mile of same; to prevent the introduction of contagious diseases in the same; to make quarantine laws and enforce them within ten (10) miles thereof; to establish and regulate hospitals; to regulate, prevent, or remove soap factories, slaughter pens, houses for curing green hides, and all houses of like character, and such other police powers as may be
necessary for the general welfare;
(4) To establish a system of free schools for studies prescribed by the State; and in case of establishing schools of a higher grade or for normal school purposes, upon authority given by a vote of three-fourths (3/4) of qualified voters; to appropriate money for the purpose of building and furnishing jointly with Greene County, a high school building within the corporate limits of said town, to be used jointly by said Town of
Greeneville and Greene County; and to retire from active service and to grant pensions to persons who have taught in the city schools for thirty-five (35) years or more continuously. Such pensions shall not exceed the compensation being received by such teachers at the date of their retirement. The Town of Greeneville, through its school authorities, is authorized to impose upon such pensioners such duties in connection with the administration of school laws as may be appropriate, including work of supervision,
part-time teaching, and other duties;
(5) To regulate, license, and tax livery stables, auctions, groceries, saloons,
tippling houses, beer gardens, and exchange offices, forwarding and