PRIVATE ACTS OF WILLIAMSON COUNTY, TENNESSEE REVISED EDITION

Transcription

1 PRIVATE ACTS OF WILLIAMSON COUNTY, TENNESSEE REVISED EDITION COUNTY TECHNICAL ASSISTANCE SERVICE THE UNIVERSITY OF TENNESSEE INSTITUTE FOR PUBLIC SERVICE NASHVILLE, TENNESSEE Original Compilation By William C. McIntyre, Legal Specialist Revised and Edited By John Joseph King, Legal Specialist 1984 Updated By Stephen, Austin 2012

2 PREFACE County government in Tennessee is a political subdivision of state government. As a political subdivision, county government has only that authority which is delegated to it by the state. In Tennessee, the process of delegation of power from state government to county government is accomplished through legislative action of the general assembly, either through a general (public) act or private act. In the case of the general act, the general assembly grants certain powers which have general application to all or a large number of counties across the state. These general acts are assembled and codified in the Tennessee Code Annotated which is revised and published on an annual basis and is widely available. However, finding individual county legislation (private acts) is not so easy since it is not published in the official code. The presence of a large body of private legislation in this state is the result of two basic factors. First, although the Tennessee Constitution mentions some county government offices, the provisions of the Tennessee Constitution dealing with county government lack detail, thereby allowing the general assembly wide latitude in county government administration. Secondly, the Tennessee General Assembly has seen fit to enact much of the law relating to county government on an individualized county-by-county approach. The result has been that the 95 counties in Tennessee operate under both general laws and private acts. This body of private legislation is a mass of separate acts, with each applying to only one or a very small group of counties. Since these acts affect counties on an individual basis, they are not included in the Tennessee Code Annotated but rather are published annually in separate volumes. The result of this past method of publication of private legislation has been the accumulation of a large portion of county law in a cumbersome mass of chronologically arranged volumes which at last count numbered over 120 books. To further complicate matters, the older volumes have not been reprinted, so that there are today only a handful of complete sets of the private acts in existence. Nevertheless, scattered through these hard-to-obtain volumes is the only public record of those laws from which Tennessee counties draw a large portion of their authority to govern and under which they operate daily. Before the County Technical Assistance Service began compilation of the private acts on a county-by-county basis, there was no statewide effort to organize these acts into a body of current law easily accessible for reference by county officials and interested citizens. It is our hope that this volume of The Private Acts of Williamson County will provide a useful reference for county administration in Williamson County. We are indebted to the Williamson County legislative delegation for its continued support of the County Technical Assistance Service and this compilation. i

3 HOW TO USE THE PRIVATE ACTS OF WILLIAMSON COUNTY At least three methods can be used to locate a private act contained in this volume. The method used will depend on the amount of information you have at the outset of your research. First, when you have no information about any specific act but merely a general question as to the law on a given subject, the table of contents can be used to ascertain the pages of this volume pertaining to that particular subject area. The chapter headings found in the table of contents are arranged alphabetically and conform to what the compiler believes to be the most commonly used terms found in county government in Tennessee. You should note, however, that the table of contents is general in nature and is not a word index. A second method can be used if you already know the year and chapter number of an act in question. The parallel reference table in the back of this volume affords a reference to the pages containing the desired act or acts. Finally, if you have a copy of the Tennessee Private Acts Index (The Michie Co., Charlottesville, VA, 1984; currently LexisNexis) it can be used as a more complete word index. Upon ascertaining the chapter and year of the private act of interest, the parallel reference table in this volume can be used to locate the private acts. The private acts currently in effect for the county are reprinted in this volume. When going through this volume you will note that there are some acts noted herein which are no longer current laws due to subsequent passage of acts which have superseded them in usage. The compiler has described these acts which have been superseded in historical notes at the end of the chapter wherein the current act on the subject is reprinted. Under topic headings throughout this volume, brief summaries or references are made to general law codified in Tennessee Code Annotated that deals with the particular topic. The acts that are printed in full in this volume include any subsequent amendments to the act. Although no statement is made regarding whether the amendatory act was ratified, the ratification was checked by the compiler to insure that the amendatory act was approved locally and is in effect. This compilation is updated through the 2012 session of the Tennessee General Assembly. ii

4 TABLE OF CONTENTS CHAPTER I - ADMINISTRATION... 1 BUDGET SYSTEM... 2 WILLIAMSON COUNTY BUDGET ACT OF COUNTY ATTORNEY... 8 COUNTY CLERK... 9 COUNTY LEGISLATIVE BODY COUNTY MAYOR COUNTY REGISTER COUNTY TRUSTEE LIABILITY INSURANCE MILL CREEK WATERSHED AUTHORITY UPPER HARPETH REGIONAL WATER AUTHORITY PURCHASING GENERAL REFERENCE CHAPTER II - ANIMALS AND FISH ANIMAL CONTROL CHAPTER III - BOND ISSUES AGRICULTURAL EXPERIMENT STATION COURTHOUSE DEBTS JAIL ROADS CHAPTER IV - BOUNDARIES CREATION OF COUNTY CHAPTER V - COURT SYSTEM BOARD OF JURY COMMISSIONERS - JURORS CHANCERY COURT CLERK AND MASTER CIRCUIT COURT CLERK COURT OFFICERS DISTRICT ATTORNEY GENERAL ASSISTANTS AND CRIMINAL INVESTIGATORS GENERAL SESSIONS COURT CRIMINAL JURISDICTION JUDGE'S RETIREMENT JUVENILE COURT CLERK SECRETARIAL ASSISTANCE CHAPTER VI - EDUCATION/SCHOOLS BOARD OF EDUCATION SCHOOL DISTRICTS FRANKLIN SCHOOL DISTRICT FRANKLIN SPECIAL SCHOOL DISTRICT HILLSBORO SCHOOL DISTRICT NOLENSVILLE SCHOOL DISTRICT THOMPSON STATION DISTRICT SUPERINTENDENT OR DIRECTOR OF SCHOOLS iii

5 GENERAL REFERENCE CHAPTER VII - ELECTIONS DISTRICTS - REAPPORTIONMENT ELECTION COMMISSION RECORDS CHAPTER VIII - HEALTH WILLIAMSON COUNTY HOSPITAL CHAPTER IX - HIGHWAYS AND ROADS CULVERT PIPING MOVING STRUCTURES ON THE PUBLIC ROADS ROAD LAW CHAPTER X - LAW ENFORCEMENT CONSTABLES JAILS AND PRISONERS MILITIA OFFENSES SHERIFF CHAPTER XI - LIBRARIES CHAPTER XI - TAXATION ADEQUATE FACILITIES TAX ASSESSOR OF PROPERTY BOARD OF EQUALIZATION CONSTRUCTION FEES HOTEL - MOTEL TAX IMPACT FEE LIQUOR TAX LITIGATION TAX MOTOR VEHICLE TAX SEVERANCE TAX CHAPTER XIII - UTILITY DISTRICTS COLLEGE GROVE WATER DISTRICT iv

6 CHAPTER I - ADMINISTRATION 1

7 ADMINISTRATION BUDGET SYSTEM WILLIAMSON COUNTY BUDGET ACT OF 2001 PRIVATE ACTS OF 2001 CHAPTER 56 SECTION 1. This act shall be known as the Williamson County Budget Act of 2001". SECTION 2. (a) As used in this act: (1) Budget committee refers only to a budget committee created by law, such as being created according to the County Financial Management System of 1981, Tennessee Code Annotated, Title 5, Chapter 21; the County Budgeting Law of 1957, Tennessee Code Annotated, Title 5, Chapter 12; or similar provision, or private act; (2) County executive or budget committee, in counties not having a budget committee created as defined in subdivision (a)(1), means the county executive; and (3) Long-term debt means debt payable after June 30 of the fiscal year for which the budget is applicable. (b) The provisions of this act shall be applicable to each department, office or agency funded, in whole or in part, from county appropriations. However, with regard to entities receiving county funds pursuant to the authority of Tennessee Code Annotated, Section , only the requested county appropriation and expenditures of county funds shall be included within the provisions of this act. (c) Nothing in this act shall be construed as precluding the duties of the State Director of Local Finance pursuant to Tennessee Code Annotated, Section and any other applicable law. (d) If a county included in this act has adopted the County Financial Management System of 1981, the County Budgeting Law of 1957, or private act, and such county does not revoke or repeal such acts, in the event of a conflict between the provisions of this act and the provisions of such acts, the provisions of this act shall not supersede those provisions; except that the provisions of Section 7 of this act shall supersede any other such law. SECTION 3. 2

8 (a) The county executive shall furnish to the head of each department, office or agency covered by this act, on or before February 1 of each year, budget forms on which to submit a proposed budget. (b) Such forms shall contain the minimum requirements prescribed by the Comptroller of the Treasury and shall include space for additional information desired by the county executive and such additional information desired by the budget committee, if the county has a budget committee. SECTION 4. The county executive shall furnish to the superintendent of education an estimate of the amount of revenue to be generated by one cent (1 ) of the county property tax for each taxing jurisdiction for the ensuing fiscal year and a form tax rate resolution on or before March 15 of each year. The assessor or property shall furnish to the county executive before March 15 of each year the assessor s best estimate of the actual assessed value of all taxable property within the county for the ensuing fiscal year. SECTION 5. (a) The head of each department, office, or agency covered by this act shall provide to the county executive a proposed budget document on the budget forms on or before April 1 of each year or, if a Director of Accounts and Budgets, Director of Finance, or similar person is provided by law, such proposed budget shall be filed with the Director of Finance, Director of Accounts and Budgets, or similar person provided by law. (b) The superintendent of education shall file with the proposed budget on a tax rate resolution forma proposed tax rate on the tax rate resolution form necessary to fund the requested budget of the department. The proposed budget submitted by these officials shall include estimated total revenues and other resources sufficient to fund total proposed appropriations. (c) The county executive or budget committee shall allow any department, office or agency to alter or amend the submitted budget at any time prior to May 15 or such other time as the proposed budget is submitted to the county legislative body, whichever occurs first. The county executive or budget committee may allow submission of amendments after the budget is submitted to the county legislative body, but not later than the earlier of June 15 or the adoption of the budget, whichever occurs first. Each alteration or amendment must be submitted in writing. SECTION 6. (a) On or before June 1 of each year, the county executive or budget committee shall consolidate and review the various department, office and agency budgets, and other proposed appropriations, if any, making any changes deemed advisable, and shall submit the consolidated budget and accompanying tax rate resolution and appropriation resolution to the county legislative body. The county executive or budget committee may recommend the budget of any department, office or agency as submitted. 3

9 (b) The county executive or budget committee may make changes to the consolidated budget, tax rate resolution and appropriation resolution until they are approved by the county legislative body, or until July 15, whichever occurs first. (c) In the event the county executive or budget committee shall submit a budget different from the school department budget, the county executive or budget committee shall outline the changes to the school budget and shall state in writing the reasons for the changes in a budget message to the county legislative body. The budget message, if required, must be submitted to the county legislative body with the consolidated budget. SECTION 7. (a) The county legislative body shall each year adopt a budget, tax rate and appropriation resolution on or before midnight of the earlier of the date provided in any private act, applicable under the County Financial Management System of 1981, applicable under the County Budgeting Law of 1957, or July 31, for the fiscal year beginning on the first day of such July; provided, that if the budget, tax rate and appropriation resolution are not adopted by the county legislative body on or before midnight on June 30 for the ensuing fiscal year, all departments and offices of the county may make expenditures according to the budget of that department or office as adopted for the preceding fiscal year. Such departments and offices shall be limited to expenditures and obligations based on a monthly allotment from the preceding fiscal year s budget. (b) If such county legislative body fails to adopt a budget, tax rate, and appropriation resolution as provided in subsection (a), the budget, tax rate resolution, and appropriation resolution submitted by the county executive or budget committee shall be the applicable budget and tax rate by operation of law for the ensuing fiscal year. (c) All budget proposals, including the consolidated budget proposal submitted by the county executive or budget committee and the budget as finally adopted, shall establish the number and salaries of all full-time personnel authorized therein. (d) The budget as adopted shall be balanced as to all funds. (e) The setting of the tax rate by approval of the county legislative body, by operation of law, or otherwise according to law, shall constitute a valid tax levy for collection purposes in accordance with the provisions of this act. (f) The board of education, through its designated representative, shall have the right to address the county legislative body in regard to the board s budget and tax rate proposals. SECTION 8. The budget shall set out the number of deputies and assistants of the trustee, clerks of courts, register of deeds, county clerk and sheriff authorized by the budget, the salary of each such officer and his deputies and assistants, and the revenue to the county government to be generated by such office. The budget as approved shall be authority for the trustee, clerks of courts, register of deeds and county clerk to hire personnel and make expenditures within the budget without the necessity of obtaining a court order pursuant to Tennessee Code Annotated, 4

10 Section et seq., and for the sheriff as provided in Tennessee Code Annotated, Section Nothing in this act shall preclude the trustee, clerks of courts, register of deeds, or county clerk from any right to petition the appropriate court for necessary deputies and assistants pursuant to Tennessee Code Annotated, Title 8, Chapter 20, nor shall the right of the sheriff as provided in Tennessee Code Annotated, Section be precluded by this act. SECTION 9. Once the budget has been adopted, whether by action of the county legislative body or by operation of law, any budget amendment requested by any department to appropriate state or federal revenues received in excess of the estimate used to adopt the budget may be approved by a majority vote of the county legislative body; provided, that any department requesting such approval shall give written notice to the county executive at least seven (7) calendar days prior to consideration of the request by the county legislative body. Other amendments shall be approved as provided in Section 10 of this act. SECTION 10. (a) Once the budget has been adopted, whether by action of the county legislative body or by operation of law, amendments to major categories of the budget may be made with the approval of the county executive and passage of the amendment by the county legislative body. If amendments to the major appropriation categories of the budget are not approved by the county executive, or the county executive fails to take action on the amendment within seven (7) calendar days after written submission of the amendment to the county executive, such amendment may be subsequently approved by a majority vote of the county legislative body. (b) (1) Amendments to line items within a major category of the budget may be made by the county board of education upon written notice to the county executive. Any line item amendment which in any way affects accounts budgeted for personnel costs shall require approval of the county executive to be effective, or if the county executive disapproves or fails to take action on the amendment within seven (7) calendar days after written submission of the amendment, the county legislative body may approve the amendment by a majority vote. (2) Amendments to line items within major categories of the budget for departments, other than the school department, may be made with approval of the county executive and a committee of the county legislative body specifically authorized by law or authorized by the county legislative body to approve such amendments. If no committee is created or the committee disapproves, or fails to approve, the requested line item amendment within twenty-one (21) days after written submission of the request to the chairman of the committee, the amendment may be approved by the county legislative body. If amendments to the line items within major appropriation categories of the budget are not approved by the county executive, or the county executive fails to take action on the amendment within seven (7) calendar days after written submission of the amendment to the county executive, such amendment may be subsequently approved by a majority vote of the county legislative body. 5

11 (c) All amendments to the budget of the school department shall first be approved by the county board of education. SECTION 11. Any appropriation for capital expenditures to be financed by longterm debt shall not be expended or obligated until the issuance of the long-term debt has been approved by the county legislative body and the State Director of Local Finance as required by law. SECTION 12. (a) If at any time the county executive determines that the revenues or other resources are, with respect to any fund, less than was anticipated in the adopted budget, or in the event unanticipated expenditures arise which will likely create a budget deficit, the county executive, upon certification to each member of the county legislative body, is empowered to impound such appropriation as may be necessary to prevent deficit operation. Such impoundment power may be overridden by a two-thirds (2/3) vote of the county legislative body and by making such amendments to the budget at the same meeting as may be necessary to prevent a deficit operation. Any such amendment requires a majority vote of the county legislative body. (b) This section shall be inapplicable if the county has impoundment provisions under other provisions of law. SECTION 13. In the event good cause is shown, such as, but not limited to, a reappraisal of property within the county, the Comptroller of the Treasury may, notwithstanding any provision of law to the contrary, modify the due dates and delinquency dates for property taxes and any other dates required under this act in Williamson County, Tennessee. SECTION 14. The county legislative body may in its discretion, and with the approval of the county executive or county board of education, whose budget is affected, create a revenue fluctuation major category for any fund or funds. SECTION 15. Any county official who fails to perform the duties required under this act, who intentionally spends or obligates amounts in excess of appropriations approved by the county legislative body, or who intentionally over- or under-estimates revenues or expenditures, shall be removed from office pursuant to Tennessee Code Annotated, Title 8, Chapter 47. Intentionally failing to perform the duties required under this act, intentionally spending or obligating amounts in excess of approved appropriations, or intentionally over- or underestimating revenues or expenditures by any county employee is grounds for termination of employment. Additionally, any county official or county employee who violates these provisions is liable for a civil fine of up to one thousand dollars ($1,000). SECTION 16. If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to that end the provisions of this act are declared to be severable. 6

12 ADMINISTRATION BUDGET SYSTEM Counties in Tennessee may operate their budgeting system under one of the three optional general laws on the subject or under the provisions of private acts or county or metropolitan government charters. The three optional general laws dealing with budgeting are the County Budgeting Law of 1957, the County Financial Management System of 1981 and the Local Option Budgeting Law of If neither an optional general law nor a private act or county charter has been adopted, the county may have established a budget committee by resolution to serve in an advisory role to the county legislative body. Also see T.C.A through , and T.C.A (school budget). Most counties are subject to a general law dealing with the procedure for making budget amendments that is codified at T.C.A The County Budgeting Law of 1957 is found in title 5, chapter 12 of Tennessee Code Annotated. It is a general law establishing procedures for the preparation and adoption of county budgets for all county funds, activities and agencies. The County Budgeting Law of 1957 is permissive legislation and in order to come under its provisions, counties must adopt a resolution by 2/3 vote of the county legislative body or pass the proposal in a referendum. Section of Tennessee Code Annotated specifically provides that the 1957 general law does not affect either private acts then in existence or prevent the enactment of private legislation for Tennessee counties creating central accounting systems, the position of budget director, or other budgeting procedures. The County Financial Management System of 1981 is codified at T.C.A et seq. This law provides an optional system and methods of controlling the financial affairs of a county, including budgeting, purchasing, and investment processes. This act is permissive in nature and can be activated by a two-thirds (2/3) vote of the county legislative body, or by a majority vote in a referendum election. The Local Option Budgeting Law of 1993 is an optional general law located at T.C.A through This law may be adopted by a two-thirds (2/3) vote of the county legislative body. This law may be adopted and used in conjunction with the County Budgeting Law of 1957 or the County Financial Management System of 1981, or used alone. This optional law provides procedures for the formulation, adoption and amendment of an annual budget that includes deadlines for action. If a county legislative body operating under this law fails to adopt a budget by August 15, the portion of the budget prepared by the department of education goes into effect, and similarly, the remainder of the budget as proposed by the county executive or budget committee goes into effect. 7

13 ADMINISTRATION COUNTY ATTORNEY The office of county attorney is not a constitutional office nor is it an established office under general law. The office of county attorney may be set up by private act. The county mayor is authorized by T.C.A to employ counsel where there is no county attorney established by private act or county or metropolitan government charter. The general law at T.C.A authorizes the board of education to employ legal counsel to advise or represent the board. The County Uniform Highway Law authorizes county highway departments subject to this general law (most counties) to employ legal counsel or to solicit the use of legal counsel retained by the county to prosecute or defend litigation caused by or necessary to the operation of the county highway department. T.C.A There may be other private acts which allow other governmental departments to hire attorneys. The following acts once affected the appointment, election, or office of the county attorney in Williamson County. These acts are included for historical reference only. Also referenced below are acts which repeal prior law without providing new substantive provisions. 1. Private Acts of 1941, Chapter 179, created the office of County Attorney in Williamson County who would be appointed for a one year term by the Quarterly County Court. The salary, fixed by the Court, could be no less than $600 nor more than $1,200 per annum, nor could it be increased or diminished during the term. The County Attorney must transact all the legal business of the county both in and out of court. All actions heretofore taken to appoint Tyler Berry, Jr. as the County Attorney were confirmed and ratified. This Act was repealed by Private Acts of 1943, Chapter 355, Page 1248 and Private Acts of , Chapter Private Acts of 1943, Chapter 237, directed the County Trustee of Williamson County to deliver the delinquent tax list of the county to the County Attorney whose duty it now was to prepare and file all suits for their collection in the manner prescribed by law. The salary of the County Attorney would not be increased and all attorney's fees authorized to be collected under the law would be paid into the general fund of the county. This Act was repealed by Private Acts of , Chapter Private Acts of 1943, Chapter 355, created the position of County Attorney in Williamson County who would be appointed for a two year term, and at a salary fixed by the Quarterly Court which could not be changed during the term. The County Attorney was at liberty to continue practicing law devoting only such time as was necessary to this position. All actions previously taken to appoint Tyler Berry, Jr., to the position were ratified. This Act was repealed by Private Acts of , Chapter

14 ADMINISTRATION COUNTY CLERK The county clerk, formerly the county court clerk, is a constitutional office as provided by article VII, section I of the Constitution of Tennessee. The county clerk is popularly elected for a term of four years. T.C.A The bond required for county clerks is $50,000 in counties with a population greater than 15,000 and $25,000 in counties with a population less than 15,000. T.C.A Most of the duties of the county clerk are specified in the general law (public acts) codified in Tennessee Code Annotated. The county clerk is the clerk of the county legislative body. The clerk keeps the official record (minutes) of the legislative body. The county clerk is responsible for the issuance of marriage licenses and pawnbrokers' licenses. The county clerk is the collector for a number of local and state taxes including local wheel taxes, local hotel/motel taxes, wholesale beer tax, business taxes and vehicle registration fees. T.C.A The clerk's salary is determined in accordance with T.C.A The basic fee schedule for the county clerk is found at T.C.A The following acts once affected the office of county clerk in Williamson County. They are included herein for historical purposes. Also referenced below is an act which repeals prior law without providing new substantive provisions. 1. Acts of 1825, Chapter 195, released Edward G. Clouston from the payment of $50 as a merchant's license which sum was paid by him to sell goods for only a few days after the expiration of the license. The County Court Clerk was directed to refund the money to Clouston. 2. Acts of 1881, Chapter 80, released the sureties on the official bond of William Cummins, deceased, the former County Court Clerk of Williamson County, and discharged them from all liabilities to the State. Any lawsuit now pending against them in their capacity as sureties would be dismissed as to the State. 3. Private Acts of 1935, Chapter 661, set the annual salary of the County Court Clerk at $3,000 and placed Williamson County in Class 3A. 4. Private Acts of 1982, Chapter 278, gave probate authority to the County Clerk. This act was repealed by Private Acts of 1987, Chapter 16. 9

15 ADMINISTRATION COUNTY LEGISLATIVE BODY Each county in Tennessee, except those with a metropolitan form of government, has a county legislative body, which is also formally known as the board of county commissioners, or informally known as the county commission. The county legislative body, or board of county commissioners, is composed of not less than nine (9) nor more than twenty-five (25) members. The board reapportions the county into districts from which county commissioners are elected. These districts must be apportioned on the basis of population so that each commissioner represents substantially the same number of people. No more than three commissioners may be elected from the same district. T.C.A The county legislative body replaced the quarterly county court as provided in the Public Acts of 1978, Chapter 934, T.C.A et seq. The county commissioners are vested with all the legislative powers and duties formerly vested in justices of the peace, but possess no judicial powers and are not charged with any judicial functions. Under T.C.A , members of county legislative bodies may solemnize marriages. The following acts once applied to the quarterly court or the county legislative body of Williamson County and are included herein for historical purposes. 1. Acts of 1799, Chapter 3, created Williamson County and made it a part of the Mero District and scheduled the terms of the Court of Pleas and Quarter Sessions to begin on the first Monday in February, May, August, and November, at Franklin. The Justices were empowered to lay a tax on taxable property. 2. Acts of 1803, Chapter 39, regulated the times for holding the Courts of Pleas and Quarter Sessions in the district of Mero. In Williamson County the court terms were scheduled to begin on the second Monday in January, April, July and October. 3. Acts of 1809, Chapter 93, fixed the opening dates for the terms of the Courts of Pleas and Quarter Sessions for every county in the State. The Court for Williamson County would continue to meet on the second Monday in January, April, July and October. 4. Acts of 1813, Chapter 134, rescheduled the term of the Williamson County court to convene on the first Monday of January, April, July and October. 5. Acts of 1817, Chapter 128, made it lawful for the Justices of the Peace, a majority being present, of the counties of Davidson, Smith, Franklin, Rutherford, Maury, Lincoln, Giles, Overton, Bedford, Wilson, Hickman, Sumner, Stuart, Humphreys, Williamson, Jackson, White, Montgomery, Warren, Robertson, and Dickson, on the first day of the first term in the year to lay a tax for additional compensation for jurors not to exceed fifty cents per day. 6. Acts of 1817, Chapter 138, fixed the terms of the Williamson County Court of Pleas and Quarter Sessions to open on the first Monday in January, April, July and October, which terms 10

16 would continue for two weeks unless the business of the court were completed sooner. 7. Acts of 1829, Chapter 25, authorized the County Courts of all the counties to select three of their number to sit as a Quorum Court throughout the year with the same powers and privileges as are prescribed for the Quorum Courts in Rutherford County. 8. Acts of 1829, Chapter 102, added a provision for a three week session, if needed by the County Court. 9. Acts of , Chapter 6, re-organized the County Courts which would meet on the first Monday in every month. 10. Acts of , Chapter 71, provided that the Mayor of Franklin, in Williamson County, Tennessee, would have concurrent jurisdiction with Justices of the Peace in all causes of action of a criminal nature arising within the corporate limits of the city. 11. Private Acts of 1915, Chapter 58, established a per diem payment of $2.50 for each day a Justice of the Peace attended a regular or special meeting of the Quarterly County Court and a mileage allowance of five cents per mile traveled in going and returning from residence to the Court House. 12. Private Acts of 1925, Chapter 345, empowered the County Court to permit by proper decree the encroachment by Guardians upon the corpus of the estates of their Wards for the Ward's support, education, and maintenance when the estate did not exceed $1,000 in value. The Guardian must file a petition stating the essential facts, whereupon the Court would set a date for a hearing and informally investigate the facts and enter an order in the best interest of the ward. This Act was supplemental to other methods for encroaching upon the corpus of a ward's estate. 13. Private Acts of 1929, Chapter 612, amended Public Acts of 1925, Chapter 115, so that no member of the County Court would be eligible for election as a member of the Board of Education in Williamson County. 14. Private Acts of 1949, Chapter 86, changed the time for holding the Quarterly Court of Williamson County to the second Monday in January, April, July, and October. 15. Private Acts of 1957, Chapter 185, stated that Justices of the Peace in Williamson County attending the meetings of the Quarterly Court would be entitled to ten cents per mile traveled on the way from the home of the Justice to the Court House in Franklin but would be paid for only two days each term. No Justice residing within five miles of the Court House would be paid mileage. The per diem rate was set at $10. This Act was rejected by the Quarterly court of Williamson County and never became an effective law under the Home Rule Amendment to the State Constitution. 16. Private Acts of 1963, Chapter 104, fixed a per diem rate of $10 per day for each day a Justice of the Peace attended a regular or called session of the Quarterly Court plus five cents per mile traveled to and from their residence to the Court House. This Act was also rejected by the Williamson County Quarterly Court. 11

17 17. Private Acts of 1971, Chapter 27, established $25 per day as the compensation of the Justices of the Peace of Williamson County for attending the regular and called sessions of the Quarterly court plus five cents per mile traveled each way in their journeys to those meetings. The Quarterly Court refused to approve this Act and thus rendered it null and void. 12

18 ADMINISTRATION COUNTY MAYOR All counties in Tennessee, except those with a metropolitan form of government, must have an elected county executive who is formally entitled county mayor unless entitled county executive by private act. T.C.A The county mayor serves a four year term. The county mayor is the chief executive officer of the county and has all of the powers and duties formerly exercised by the county judge except judicial powers. The county mayor serves as a nonvoting, ex officio member of the county legislative body, and the county mayor or a representative of the county mayor serves as a nonvoting member of all committees of the legislative body. T.C.A The county legislative body may elect the county mayor as its chairman. However, the county mayor may refuse to serve as chairman. T.C.A If the county mayor is not elected chairman, then the county mayor may veto legislative resolutions of the county legislative body. T.C.A Except as otherwise provided by law, the county mayor appoints members of county boards and commissions and county department heads. Such appointees are subject to confirmation by the county legislative body. T.C.A (c). It is important to recognize that most boards and department heads are provided for by general law or private act, and this residual appointive power of the county mayor may not be applicable. The county mayor is authorized to employ one or more clerical assistants as may be necessary for the performance of his or her official duties. The county mayor sets the compensation for these clerical assistants within the amount appropriated for this purpose by the county legislative body. T.C.A The references below are of acts which once applied to the office of county judge, or county executive in Williamson County. They are included herein for historical purposes only. Also referenced below is an act which repeals prior law without providing new substantive provisions. 1. Acts of , Chapter 253, provided for the election by the qualified voters of every county in the State a person learned in the law, to be styled the County Judge, who would hold his office for four years, and who would be sworn and commissioned as other Judges. The Quorum Courts were abolished and their duties assigned to the County Judge. The County Judge would exercise the jurisdiction specified in the Act, preside over the County Court's meetings, be the accounting officer and general agent of the county, and be paid $5 per day during the sitting of the monthly and quarterly courts. This Act was repealed by Acts of , Chapter Acts of , Chapter 38, re-established the position of County Judge in Davidson, Shelby, Knox, Montgomery, and Williamson County. A person, learned in the law, was to be elected by the qualified voters for a term of eight years. He would preside over the county court and have the same power and authority as the chairman of the county court. 3. Acts of 1875, Chapter 134, created the position of County Judge in Jackson and Cannon Counties, conferring upon them the jurisdiction of the County Judges of Davidson, Knox, 13

19 Montgomery, Williamson, and Sumner Counties. Section 5 repealed the provision which allowed the Judges payment of $5 per day during the sitting of the monthly and quarterly courts but placed a limitation of $500 per year as the compensation of the Judges of the Williamson and Sumner County Courts. 14

20 ADMINISTRATION COUNTY REGISTER The office of county register is a constitutional office, established by article VII, section 1 of the Constitution of Tennessee, and is regulated by the general statutes found in Tennessee Code Annotated, title 8, chapter 13; title 10, chapter 7 (public records); title 47, chapter 9 (U.C.C. Secured Transactions); and title 66 (real property and registration of instruments). The salary of the county register is determined in accordance with T.C.A The principal duty of the county register is the registration of instruments which the law requires to be, or allows to be, filed or recorded. These instruments include, but are not limited to: deeds of conveyance of real estate, powers of attorney, deeds of trust, mortgages, liens, land sale contracts, plats, leases, military discharges, and papers under the Uniform Commercial Code. The purposes of such registrations are also varied. The records of the register's office provide a public record of real property ownership, liens and various other transactions that affect the public interest. The basic fee schedule for the register is found at T.C.A The following acts once affected the office of county register in Williamson County, but are no longer operative. 1. Private Acts of 1935, Chapter 661, amended Section of the Code of Tennessee as that Section had application to Williamson County, by creating a population Class of 3A, and placing Williamson County in it. The Act then set up a schedule of annual salaries for county officials of the counties in that class. The register of Williamson County would be paid $1,800 per year under that salary schedule. This Act was not intended to modify or repeal any private act applying to compensation. 2. Private Acts of 1947, Chapter 393, declared that in Williamson County the Register would be paid the sum of 50 cents for each discharge of soldiers and sailors of World War II recorded in the Register Register's Office. The County Judge was authorized and directed to pay to the Register out of the county treasury the costs of all discharges registered under this Act, provided that the service men themselves have not already paid. 3. Private Acts of 1953, Chapter 57, prohibited the Register of Williamson County from receiving instruments of conveyance of real property for registration unless the same bore a stamp or notation from the Tax Assessor's office reciting that the information the Assessor was to extract under this law from the conveyance had been noted. Mortgages, deeds of trust, or other like instruments were exempted. 15

21 ADMINISTRATION COUNTY TRUSTEE The county trustee is one of the county officers established by article VII, section 1 of the Constitution of Tennessee. The office is regulated by title 8, chapter 11 of Tennessee Code Annotated. Duties of the county trustee regarding the collection of property taxes are codified in Tennessee Code Annotated, title 67, chapter 5. The county trustee is elected by the qualified voters of the county to serve a four year term. T.C.A Upon election the trustee must take the required oath of office and enter into a surety bond. T.C.A For other statutes pertaining to the many duties of the trustee as a fiscal officer, see volume 14 of the combined general index of T.C.A. under "County Trustee". The salary of the county trustee is determined in accordance with T.C.A The following act once affected the office of county trustee in Williamson County, but is no longer operative. 1. Private Acts of 1935, Chapter 661, amended Section 10726, Code of Tennessee, as the same applied to Williamson County by creating a population Class of 3A, and establishing an annual salary schedule for the county officials in that Class. In Williamson County the Trustee would be paid $3,000 annually under this law. 16

22 ADMINISTRATION LIABILITY INSURANCE PRIVATE ACTS OF 1951 CHAPTER 456 SECTION 1. That Williamson County, its departments and agencies, are authorized to purchase and carry liability insurance for the protection of the public from accidents resulting from the negligent operation of County owned and operated motor vehicles. SECTION 2. That the Quarterly County Court of said County shall determine whether such insurance shall be carried and the amount of the coverage to be carried, and is authorized to make the necessary appropriations to pay the cost of said liability insurance. SECTION 3. That this Act take effect from and after its passage, the public welfare requiring it. Passed: March 8, COMPILER'S NOTE: See T.C.A et seq., concerning public law on funding and insurance of governmental entities under the Tennessee Governmental Tort Liability Act. 17

23 ADMINISTRATION MILL CREEK WATERSHED AUTHORITY T.C.A et seq. created the Mill Creek Watershed Flood Control Authority for those sections of Davidson, Williamson, and Rutherford Counties in the watershed of Mill Creek. The Authority is authorized to formulate and execute a comprehensive plan for controlling the flooding of the Mill Creek Watershed which could include cooperation with appropriate local, state, and federal agencies. T.C.A Contributions by local governments to the Authority are authorized. T.C.A

24 ADMINISTRATION UPPER HARPETH REGIONAL WATER AUTHORITY PUBLIC ACTS OF 1987 CHAPTER 168 SECTION 1. A water and wastewater treatment authority, to be known and designated as the Upper Harpeth Regional Water Authority, is hereby created and established for and in behalf of the citizens of Williamson County, Tennessee. SECTION 2. It is hereby declared that the Upper Harpeth Regional Water Authority created pursuant to this act shall be public and a governmental body; and that the planning, acquisition, operating and financing of water or waste-water treatment facilities by said authority is hereby declared to be a public and governmental purpose and a matter of public necessity. The property and revenues of the authority or any interest therein shall be exempt from all state, county and municipal taxation. SECTION 3. The following words or terms whenever used or referred to in this chapter shall have the following respective meanings unless different meanings clearly appear from the context: (1) "Authority" shall mean the Upper Harpeth Regional Water Authority created pursuant to the provisions of this Act. (2) "Creating governmental entity" shall mean the city of Franklin, Tennessee, a municipal corporation. (3) "Participating governmental entity" shall mean any rural water utility district, or municipality, or county, which, pursuant to a resolution of its governing body, shall have joined the authority or shall have sold, leased, dedicated, donated or otherwise conveyed its water treatment works, or any portion thereof, to the authority for operation by the authority in order to make such treatment works an operational part of its treatment works. (4) "Treatment works" shall mean any devices and systems used in the treatment and distribution of water or wastewater, including transmission lines, storage facilities, pumping, power, and other equipment, and their appurtenances, extensions, improvements, remodeling, additions, and alterations thereof. (5) "Governing body" shall mean the chief legislative body of any creating or participating governmental entity. (6) "Board" shall mean the board of commissioners of the authority. (7) "Executive officer" shall mean the mayor, county executive or other chief executive officer of the creating or a participating governmental entity. 19

25 (8) "Bonds" shall include notes, interim certificates, or other obligations of an authority. (9) "Jurisdiction" shall include, collectively, all areas of jurisdiction encompassed by the creating governmental entity and each participating governmental entity. SECTION 4. The governing body of the creating governmental entity shall adopt, and its executive officer shall approve, the resolution calling a public hearing on the question of creating a water and wastewater treatment authority. Notice of the date, hour, place and purpose of such hearing shall be published at least once each week for two (2) consecutive weeks in a newspaper of general circulation in Williamson County, the last such publication to be at least one (1) week prior to the date set for the hearing. The hearing shall be had before the governing body and all interested persons shall have an opportunity to be heard. After the hearing, if the governing body shall determine that the public convenience and necessity require the creation of a water and wastewater treatment authority it shall adopt, and its executive officer shall approve, a resolution or an ordinance so declaring and creating an authority, which resolution or ordinance shall also designate the name and principal office address of the authority. A certified copy of the resolution or ordinance shall be filed with the Secretary of State of the state of Tennessee, along with the resolution approving the appointment of the board of commissioners as provided for in Section and upon such adoption and filing the authority shall constitute a body politic and corporate, with all the powers hereinafter provided. The creating governmental entity and any participating governmental entity may enter into an agreement with the authority for the orderly transfer to the authority of any treatment works properties necessary for the functioning of the authority. The agreement may include provisions for the reimbursement of any such governmental entity for its obligations issued for treatment works. Nothing in this act shall be construed to require any transfer of function or service area by the creating entity or any participating entity to the authority. SECTION 5. The governing body shall be a board of commissioners. Upon the passage of this act the chief executive officer of each participating governmental entity shall appoint one (1) person to be an initial member of the board. Each participating governmental entity, as it joins the authority, shall have one (1) commissioner to be appointed by the legislative body of the participating entity he/she shall represent. The terms of each commissioner shall be for two (2) years from the date of appointment. The commissioners serve at the will of the participating governmental entity and may be removed prior to the expiration of his/her term by a two-thirds (2/3) vote of the governing body of the governmental entity which approved his/her appointment. Any vacancy by reason of nonresidence, incapacity, resignation, death, or otherwise, shall be filled for the unexpired term in a manner identical to the method of selection of the original commissioner. A commissioner's term shall continue until the appointment and qualification of his/her successor. The board shall elect from among its members a chair and vice chair, each of whom shall continue to be voting members, and shall adopt its own by-laws and rules of procedure. The presence of a majority of the commissioners shall constitute a quorum for the transaction of 20